Notice2021-19440
Entry-Level Driver Training: Application for Exemption; Oak Harbor Freight Lines, 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
September 8, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Oak Harbor Freight Lines, Inc., (Oak Harbor) has applied for an exemption from the qualification requirements pertaining to entry-level driver training (ELDT) theory instructors, as set forth in the definition of "theory instructor". Oak Harbor requests the exemption so that the company's safety supervisor, Mr. Jeff McLaughlin, will be able to conduct classroom (theory) training for entry-level drivers who intend to operate commercial motor vehicles (CMV) used in the transportation of hazardous materials (HM). The company states the exemption is warranted due to Mr. McLaughlin's experience and expertise related to the transportation of HM. Oak Harbor also states that the road portion of the training would be completed by behind-the-wheel (BTW) instructors that meet the ELDT requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 171 (Wednesday, September 8, 2021)</title>
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[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50426-50427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19440]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0140]
Entry-Level Driver Training: Application for Exemption; Oak
Harbor Freight Lines, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Oak Harbor Freight Lines, Inc., (Oak
Harbor) has applied for an exemption from the qualification
requirements pertaining to entry-level driver training (ELDT) theory
instructors, as set forth in the definition of ``theory instructor''.
Oak Harbor requests the exemption so that the company's safety
supervisor, Mr. Jeff McLaughlin, will be able to conduct classroom
(theory) training for entry-level drivers who intend to operate
commercial motor vehicles (CMV) used in the transportation of hazardous
materials (HM). The company states the exemption is warranted due to
Mr. McLaughlin's experience and expertise related to the transportation
of HM. Oak Harbor also states that the road portion of the training
would be completed by behind-the-wheel (BTW) instructors that meet the
ELDT requirements.
DATES: Comments must be received on or before October 8, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2021-0140 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.
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: Docket Operations, 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. To be sure someone is there to help you, please call (202)
366-9317 or (202) 366-9826 before visiting Dockets Operations.
<bullet> Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2021-0140). 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 regulatory 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#04494754574044606b702a636b72"><span class="__cf_email__" data-cfemail="a0ede3f0f3e4e0c4cfd48ec7cfd6">[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-2021-0140), 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-2021-0140'' 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
[[Page 50427]]
exemption. The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The Agency's ELDT regulations, set forth in 49 CFR part 380,
subparts F and G, establish theory and BTW training requirements for
individuals seeking to obtain a Class A or Class B CDL or a passenger
(P), school bus (S), or hazardous materials (H) endorsement for the
first time. The regulations take effect on February 7, 2022. The
regulations require that ELDT be conducted only by qualified training
providers and training instructors; drivers must obtain ELDT from a
training provider listed on FMCSA's Training Provider Registry. The
theory training instructor qualifications, set forth in the definition
of ``theory instructor'' in 49 CFR 380.605, are: (1) The instructor
must hold a CDL of the same (or higher) class and with all endorsements
necessary to operate the CMV for which training is to be provided and
has at least 2 years of experience driving a CMV requiring a CDL of the
same (or higher) class and/or the same endorsement and meets all
applicable State qualification requirements for CMV instructors; or (2)
the instructor must hold a CDL of the same (or higher) class and with
all endorsements necessary to operate the CMV for which training is to
be provided and has at least 2 years of experience as a BTW CMV
instructor and meets all applicable State qualification requirements
for CMV instructors. The definition of ``theory instructor'' in 49 CFR
380.605 includes an exception from the requirement that the instructor
currently hold a CDL and relevant endorsements if the instructor
previously held a CDL of the same or higher class and complies with the
other requirements set forth in the definition.
Unlike the P and S endorsement training curricula, which include
both theory and BTW portions, the required H endorsement training is
theory only. The H endorsement theory curriculum, set forth in Appendix
E, applies to driver-trainees who intend to use CMVs to transport
hazardous materials as defined in 49 CFR 383.5. Because applicants are
not required to take an HM-specific skills test to obtain the H
endorsement, the ELDT regulations do not contain a BTW curriculum
requirement applicable to that endorsement. There are, however, BTW
ELDT requirements for applicants seeking a Class A or Class B CDL or a
P or S endorsement.
Applicant's Request
Oak Harbor seeks an exemption, on behalf of its Pacific Northwest
Safety Supervisor, Mr. Jeff McLaughlin, from the ELDT theory instructor
qualifications set forth in the definition of the term ``theory
instructor'' in 49 CFR 380.605, as previously identified. Oak Harbor
requests the exemption so that Mr. McLaughlin will be able to provide
ELDT theory instruction pertaining to the transportation of HM by CMV.
Oak Harbor cites Mr. McLaughlin's extensive teaching experience and
subject matter expertise as the basis for its exemption request. Oak
Harbor further states that the road portion of the training would be
completed by BTW instructors that meet the ELDT requirements. A copy of
the exemption application is in the docket referenced at the beginning
of this notice.\1\
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\1\ The Agency notes that Oak Harbor's application requests
exemption specifically from the requirement that theory instructors
hold a CDL of the same (or higher) class and with all endorsement
necessary to operate the CMV for which training is to be provided.
On August 30, 2022, in a conversation with Oak Harbor's Safety
Manager, Mr. Tom Mueller, FMCSA personnel confirmed that Oak Harbor
is seeking exemption from all the theory instructor qualification
requirements set forth in the definition of ``theory instructor'' in
49 CFR 380.605. A summary of that conversation can be found in the
docket for this notice.
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IV. Equivalent Level of Safety
Oak Harbor states that Mr. McLaughlin's experience and expertise in
the HM field would supersede HM training offered by other theory and
BTW training instructors and would enhance their HM materials and
safety program. Oak Harbor provided the following list of Mr.
McLaughlin's credentials:
<bullet> Over 20 years of experience as a certified State
commercial vehicle inspector holding certifications in Commercial
Vehicle Safety Alliance (CVSA) Part A and B, Hazardous Materials, Tank
and other bulk packaging's, Motorcoach and Multi Surface HM
Transportation;
<bullet> 18 years of experience as an FMCSA National Training
Center Basic HM instructor;
<bullet> Previous Region IV Cooperative Hazardous Materials
Enforcement Development (COHMED) Vice Chairman;
<bullet> Current COHMED Industry Liaison;
<bullet> Former Training Lieutenant, Supervisory Lieutenant and
District Captain in charge of CVSA and Hazardous Materials training and
recertification programs for the Montana Motor Carrier Services;
<bullet> Certified civilian CVSA Hazardous Materials instructor;
<bullet> Former Sergeant, Lieutenant and Captain overseeing CMV
inspectors at the Montana/Alberta Joint Use Vehicle Inspection Station
Coutts, AB regulating enforcement of FMCSA and Transport Canada
regulations pertaining to vehicle safety and hazardous material/
dangerous goods regulations.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Oak Harbor's application for an
exemption from the qualification requirements set forth in the
definition of ``theory instructor'' 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 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. 2021-19440 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-EX-P
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