[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48946-48947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16044]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0081]


Entry-Level Driver Training Requirements; Training Departments of 
Millis Transfer LLC (Millis Training Institute (MTI)); Heartland 
Express (Heartland Training Institute (HTI)); and Contract Freighter's 
Inc. (CFI); Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), (DOT).

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received a joint application from 
the training departments of Millis Transfer LLC (Millis Training 
Institute (MTI)); Heartland Express (Heartland Training Institute 
(HTI)); and Contract Freighter's Inc. (CFI) requesting an exemption 
from the entry-level driver training regulations requiring that a 
behind-the-wheel (BTW) training instructor have at least two years' 
experience driving a commercial motor vehicle (CMV) or two years' 
experience as a BTW CMV instructor, as set forth in the definition of 
behind-the-wheel instructor. MTI conducts training for all three 
companies and describes its trainer evaluation process as ``second to 
none.'' FMCSA requests public comment on the applicants' request for 
exemption.

DATES: Comments must be received on or before August 28, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number (FDMS) FMCSA-2023-0081 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0081) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., ET, Monday through 
Friday, except Federal holidays. To be sure someone is there to help 
you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice DOT/ALL-14 FDMS, which can be reviewed at 
https://www.transportation.gov/privacy, the comments are searchable by 
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-366-4225 or [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2023-0081), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means.

[[Page 48947]]

FMCSA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so the 
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number ``FMCSA-2023-0081'' in the ``Keyword'' box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on the following screen. Choose whether you 
are submitting your comment as an individual or on behalf of a third 
party and then submit. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope. FMCSA 
will consider all comments and material received during the comment 
period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA 
must publish a notice of each exemption request in the Federal Register 
(49 CFR 381.315(a)). The Agency must provide the public an opportunity 
to inspect the information relevant to the application, including any 
safety analyses that have been conducted. The Agency must also provide 
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Applicant's Request

    The applicants seek an exemption from the BTW instructor 
qualification requirements as set forth in the definition of ``Behind-
the-wheel (BTW) instructor'' in FMCSA's entry level driver training 
regulations (49 CFR 380.605). The applicants state that the two-year 
experience requirement for BTW instructors impedes their ability to 
hire enough trainers to meet the demand. The applicants further explain 
that MTI conducts training for all three acquired companies and believe 
MTI's pre-ELDT policy of a one-year minimum experience for its over-
the-road (OTR) trainers and its ``extensive'' safety evaluation of 
those trainers has allowed it to be a positive contributor to highway 
safety.
    MTI reports an estimated student enrollment of 500 to 700 students 
for 2023 for all three companies. Its 131 trainers currently spend up 
to 90 days with a student before letting them drive solo and because of 
the shortage of trainers, MTI will have to turn some students away. The 
proposed exemption would allow MTI to continue its one-year minimum 
training experience requirement so that it can add another 90 to 150 
BTW trainers to its current trainer group. Should the exemption be 
granted, these additional trainers would be allowed to conduct BTW 
training without meeting the two-year minimum requirement for BTW 
instructors.
    A copy of the application for exemption is included in the docket 
for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on this joint application for an 
exemption from the BTW instructor qualification requirements in 49 CFR 
380.605. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the Addresses section of this notice. Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-16044 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-EX-P


