Notice2021-17690
Commercial Driver's License Standards: Application for Exemption; Werner Enterprises, Inc.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Werner Enterprises, Inc. (Werner) has applied for an exemption to allow commercial learner's permit (CLP) holders who have successfully passed the commercial driver's license (CDL) skills test to be able to drive a commercial motor vehicle (CMV) without having a CDL holder seated beside them in the CMV. The Agency requests public comment on the exemption application.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46310-46311]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17690]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0118]
Commercial Driver's License Standards: Application for Exemption;
Werner Enterprises, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that Werner Enterprises, Inc. (Werner) has
applied for an exemption to allow commercial learner's permit (CLP)
holders who have successfully passed the commercial driver's license
(CDL) skills test to be able to drive a commercial motor vehicle (CMV)
without having a CDL holder seated beside them in the CMV. The Agency
requests public comment on the exemption application.
DATES: Comments must be received on or before September 17, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2021-0118 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
<bullet> Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2021-0118). Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, 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 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its exemptions process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202-366-4225); <a href="/cdn-cgi/l/email-protection#6d202e3d3e292d090219430a021b"><span class="__cf_email__" data-cfemail="367b756665727652594218515940">[email protected]</span></a>. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations, (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-2021-0118), 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. 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 comments online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2021-0118'' in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click ``Comment'' button associated with the latest notice posted.
Another screen will appear, insert the required information. Choose
whether you are submitting your comment as an individual, an
organization, or anonymous. Click ``Submit Comment.''
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 to grant
exemptions from certain parts of the 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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulation Requirements
Under 49 CFR 383.25(a)(1) a CLP holder must be accompanied at all
times by the holder of a valid CDL who has the proper CDL group and
endorsement(s) necessary to operate the CMV. The CDL holder must at all
times be physically present in the front seat of the vehicle next to
the CLP holder while operating a CMV on public roads or highways and
must have the CLP holder under observation and direct supervision.
Applicant's Request
Werner requests the exemption to allow CLP holders who have
successfully passed a CDL skills test and are thus eligible to receive
a CDL, be able to drive without having a CDL
[[Page 46311]]
holder seated beside them in the vehicle. Werner, however, indicates in
their exemption request that the CDL holder will remain in the vehicle
at all times while the CLP holder is driving--just not in the front
seat. Werner contends that an exemption from this regulation will
benefit Werner and the trucking industry in three ways: Improving
efficiency of freight operations by maximizing driver employment during
an historic driver shortage; creating immediate employment and
compensation opportunities to qualified drivers; and improving the
overall safety of the new driver experience. Werner believes it will
face a significant burden in all three areas if this exemption is not
granted.
Werner asserts that 49 CFR 383.25(a)(1) has created a significant
burden on its operations. Prior to the implementation of the
regulation, a new driver's state of domicile issued temporary CDLs to
drivers who passed the CDL skills test. The temporary CDL made it
possible for Werner to place the new driver as ``on duty'' and route
him or her to the State of domicile to obtain a CDL, and without
entering a second driver into an ``on duty'' status, thus allowing
productive freight movement for Werner and compensation for the new
driver. A copy of the exemption application is in the docket referenced
at the beginning of this notice.
IV. Equivalent Level of Safety
Werner believes that by applying the exemption only to drivers who
have passed the CDL skills test, hold a CLP, and operate the CMV under
supervision of a CDL holder who is somewhere in the vehicle, an
equivalent level of safety will likely be achieved. Werner believes
that there is no difference between the CLP holders who have passed the
CDL skills test and other truck drivers on the road. In fact, Werner
notes that by allowing a CLP holder who has passed the CDL skills test
out of State to drive en route to their State of domicile with a CDL
holder present in the vehicle, safety will be improved over current
regulations, which allow a new CDL holder to drive unsupervised
immediately after receiving his or her CDL documentation. Werner will
ensure this level of safety by maintaining proper, up-to-date records
for all drivers in possession of a CLP who have passed the CDL skills
test.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Werner's application for an
exemption from 49 CFR 383.25(a)(1). 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 also 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. 2021-17690 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 18, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.