Notice2022-10763
Entry-Level Driver Training: Application for Exemption; Oak Harbor Freight Lines, Inc.
Primary source
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Published
May 19, 2022
Effective
May 19, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant an exemption from the qualification requirements pertaining to entry-level driver training (ELDT) theory instructors for Oak Harbor's safety supervisor, Mr. Jeff McLaughlin. The exemption will allow Mr. McLaughlin 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 exemption excuses Mr. McLaughlin from the requirement to either possess a commercial driver's license (CDL) or have previously held a CDL. The road portion of the training will be completed by behind-the-wheel (BTW) instructors that meet the ELDT qualification requirements. FMCSA concluded that granting the exemption is likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30551-30553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10763]
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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 final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant an exemption from the
qualification requirements pertaining to entry-level driver training
(ELDT) theory instructors for Oak Harbor's safety supervisor, Mr. Jeff
McLaughlin. The exemption will allow Mr. McLaughlin 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 exemption excuses Mr. McLaughlin from the
requirement to either possess a commercial driver's license (CDL) or
[[Page 30552]]
have previously held a CDL. The road portion of the training will be
completed by behind-the-wheel (BTW) instructors that meet the ELDT
qualification requirements. FMCSA concluded that granting the exemption
is likely to achieve a level of safety equivalent to or greater than
the level of safety that would be obtained in the absence of the
exemption.
DATES: The exemption is effective May 19, 2022 and expires May 19,
2027.
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.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202-366-2722); <a href="/cdn-cgi/l/email-protection#a4e9e7f4f7e0e4c0cbd08ac3cbd2"><span class="__cf_email__" data-cfemail="6b26283b382f2b0f041f450c041d">[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.
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2021-0140'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number,
``FMCSA-2021-0140'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, 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.
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 Agency's
decision 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 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.
As set forth in the definition of ``theory instructor'' in 49 CFR
380.605, theory instructors must meet one of these qualifications: (1)
The instructor holds 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 holds 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 49 CFR
part 380, 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
On behalf of its Pacific Northwest Safety Supervisor, Mr. Jeff
McLaughlin, Oak Harbor seeks an exemption, from the ELDT theory
instructor qualifications set forth in the definition of the term
``theory instructor'' in 49 CFR 380.605, as identified above. 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 written application
requests an exemption from the specific requirement that theory
instructors 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. On August 30, 2021, 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' experience as a certified truck inspector
holding certifications in CVSA Part A and B, Hazardous Materials, Tank
and other bulk packagings, Motor Coach and Multi Surface HM
Transportation.
<bullet> 18 years' experience as a NTC Basic HM instructor
<bullet> Previous Region IV Cooperative Hazardous Materials Enforcement
Development (COHMED) Program 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. Public Comments
On September 8, 2021, FMCSA published notice of this application
and requested public comment (86 FR 50426). The Agency received four
comments. Two respondents, Railsback HazMat Safety Professionals, LLC
(Railsback) and the Washington Trucking Associations (WTA) submitted
comments favoring the exemption application. The other two respondents,
J. Walker and an anonymous commenter, opposed or questioned the
exemption application, respectively.
J. Walker stated the following: ``Oak Harbor Freight Lines should
not be granted this exemption as the reason for so many accidents on
the roads today is Large Carriers get exemptions on training drivers
and the majority of new drivers on the road have no clue what they are
doing. Two weeks of classroom training and they are turned lose on the
highways with no clue about regulations or even how to drive a truck.''
An anonymous commenter said that it would be unwise for the FMCSA
leadership to grant the exemption ``without conducting a comprehensive
evaluation of the credentials and competencies possessed by Oak
Harbor's safety supervisor Jeff McLaughlin.'' The commenter further
stated: ``Having worked in a factory that was both a producer and a
consumer of hazardous waste, I question how an individual acting as a
safety supervisor could possess the competencies needed to train
transportation workers how to safely engage in the commercial
transportation of hazardous materials. Reflecting on my past
experience, the rules and regulations pertaining to issues of this
nature were constantly changing.''
Railsback submitted the following comment in favor of the
exemption: ``Without a doubt, I believe that former FMCSA, NTC
Associate Staff Instructors have a better understanding of the ELDT
Theory requirements, than 50-75% of driver/trainers, with CDLs. Not
only do former Associate Staff Instructors know the regulations, but
also the application of said regulations to real life roadside
situations. Additionally, former Associate Staff Instructors experience
goes beyond that of a driver/trainer, who has only worked/trained in
one or two particular areas of the motor carrier industry.''
WTA stated that it ``believes Mr. McLaughlin's credentials and
significant hazardous materials experience should exceed FMCSA's
threshold to maintain the current level of safety. Additionally, due to
the current driver shortage and the nationwide labor shortage, denial
of the exemption application would likely prevent Oak Harbor from
implementing a more efficient and effective hazardous materials
endorsement training program to support the company's operations. For
those reasons, WTA strongly supports Oak Harbor's exemption
application.''
VI. FMCSA Response to Comments and Decision
FMCSA has evaluated Oak Harbor's application for exemption and the
public comments. The Agency conducted a comprehensive review of Oak
Harbor's safety performance, which included a review of the Motor
Carrier Management Information System safety records, and inspection
and accident reports submitted to FMCSA by State agencies. Oak Harbor
has an active USDOT registration, minimum levels of insurance as
required by 49 CFR part 387 and is not subject to any imminent hazard
or other out-of-service orders. FMCSA independently verified Mr.
McLaughlin's professional credentials identified in the exemption
application, as suggested by the anonymous respondent. While J. Walker
opposed the application, they did not specifically challenge any of Mr.
McLaughlin's credentials or HM training experience, focusing instead on
the ability of newly trained drivers to safely operate a CMV. As Oak
Harbor stated in its application, their entry level drivers will
receive the required BTW training from instructors fully meeting the
qualification requirements set forth in definition of ``BTW
instructor'' in 49 CFR 380.605. Therefore, based on Mr. McLaughlin's
extensive experience as both an HM instructor and inspector, and his
stellar reputation in the HM training community, FMCSA has decided to
grant the exemption. FMCSA believes that the exemption will likely
achieve a level of safety that is equivalent to or greater than the
level that will be achieved absent such exemption, in accordance with
Sec. 381.305(a).
Extent of the Exemption
This exemption is granted to Oak Harbor on behalf of their
instructor Mr. Jeff McLaughlin. The exemption from the qualification
requirements set forth in the definition of ``theory instructor'' in 49
CFR 380.605 will allow Mr. McLaughlin to provide ELDT theory
instruction for the H endorsement curriculum in Appendix E of Part 380
without meeting these requirements. The exemption is effective May 19,
2022 and expires May 19, 2027.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-10763 Filed 5-18-22; 8:45 am]
BILLING CODE 4910-EX-P
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