Notice2022-11271
Entry-Level Driver Training: SBL Truck Driving Academy, Inc.; Application for Exemption
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
May 25, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that it has received an application from SBL Truck Driving Academy, Inc. (SBL) to exempt two of its current employees from the theory and behind-the-wheel (BTW) instructor qualification requirements contained in the entry-level driver training (ELDT) regulations. Specifically, SBL seeks an exemption from the requirement that instructors have at least 2 years of experience driving a commercial motor vehicle (CMV) requiring a commercial driver's license (CDL) of the same or higher class and/or the same endorsement necessary to operate the CMV for which training is provided. FMCSA requests public comment on the applicant's request for exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 101 (Wednesday, May 25, 2022)</title>
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[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31930-31931]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11271]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0169]
Entry-Level Driver Training: SBL Truck Driving Academy, Inc.;
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 an application from SBL
Truck Driving Academy, Inc. (SBL) to exempt two of its current
employees from the theory and behind-the-wheel (BTW) instructor
qualification requirements contained in the entry-level driver training
(ELDT) regulations. Specifically, SBL seeks an exemption from the
requirement that instructors have at least 2 years of experience
driving a commercial motor vehicle (CMV) requiring a commercial
driver's license (CDL) of the same or higher class and/or the same
endorsement necessary to operate the CMV for which training is
provided. FMCSA requests public comment on the applicant's request for
exemption.
DATES: Comments must be received on or before June 24, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2021-0169 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: Dockets Operations, 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.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2021-0169) for this notice. 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 rulemaking 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="https://transportation.gov/privacy">https://transportation.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 366-2722 or by e -mail at
<a href="/cdn-cgi/l/email-protection#470a041714030723283369202831"><span class="__cf_email__" data-cfemail="a4e9e7f4f7e0e4c0cbd08ac3cbd2">[email protected]</span></a>. If you have questions on viewing or submitting material
to the docket, contact Dockets Operations at (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-2021-0169), 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 comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number (``FMCSA-2021-0169'') in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in 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
[[Page 31931]]
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 Federal Motor Carrier Safety Regulations (FMCSRs).
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
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 must
publish its decision 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 specify the effective period 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 ELDT regulations, set forth in 49 CFR part 380, subparts F and
G, were implemented on February 7, 2022 established minimum training
standards for individuals applying for certain CDLs and defined
curriculum standards for theory and BTW training. Subpart G of Title 49
of the CFR established an online training provider registry (TPR),
eligibility requirements for providers to be listed on the TPR, and
qualification requirements for instructors. Under 49 CFR 380.713, a
training provider must use instructors who meet the definitions of
``theory instructor'' and ``behind-the-wheel (BTW) instructor'' in 49
CFR 380.605, which require that instructors hold a CDL of the same (or
higher) class, with all endorsements necessary to operate the CMV for
which training is to be provided, and have either: (1) A minimum of 2
years of experience driving a CMV requiring a CDL of the same or higher
class and/or the same endorsement; or (2) at least 2 years of
experience as a BTW CMV instructor. Exceptions apply to both
definitions.
Applicant's Request
SBL seeks an exemption from the requirement in 49 CFR 380.713 that
a training provider use instructors who meet the definitions of
``theory instructor'' and ``BTW instructor'' in 49 CFR 380.605. SBL
specifies that it has two employees who do not have two years of
required driving experience. SBL states that the two employees meet the
qualifications under current State regulations and Federal regulations
in effect before implementation of the ELDT requirements, have class A
CDLs with tanker endorsements, and are medically qualified.
SBL states that the instructor qualifications required by the ELDT
regulations will have a severe negative impact on its business and on
the driver shortage. SBL requests an exemption that would allow the two
instructors to accumulate two years of experience while continuing to
provide BTW and theory instruction. SBL asserts the exemption would
allow for full instructor staffing, resulting in a ``50% increase of
approximately 96 students annually.'' If the exemption is denied, SBL
states that it would be forced to terminate the employees and replace
them with less qualified individuals.
SBL also notes that FMCSA has included ``grandfathering''
provisions in the implementation of other new regulations. SBL points
to the provisions in 49 CFR 380.603, which provide that individuals who
obtained a Commercial Learner's Permit (CLP) before February 7, 2022
are not required to comply with the ELDT rule if they obtain a CDL
before the CLP expires. SBL is requesting similar consideration for
State-licensed instructors who met applicable Federal requirements
prior to February 7, 2022.
IV. Equivalent Level of Safety
To ensure an equivalent level of safety, SBL's application offers a
comprehensive list of the qualifications for the two driver training
instructors for whom they request the exemption. Both individuals meet
the qualifications required prior to implementation of the ELDT rule;
both have Class A CDLs with tanker endorsements; both are medically
qualified; both have graduated from a State-licensed truck driver
training school; both have taught over the road driving; both have
previously trained commercial drivers; one individual worked as a
commercial driver; and both have the ability to instruct all topics
required by the ELDT regulations.
SBL indicates that the request for the exemption ``places no known
negative safety impact'' and SBL would continue to adhere to all
applicable State and Federal regulations that govern the safe operation
of CMVs. SBL provides the South Carolina Department of Motor Vehicles
requirements for instructors that were in effect prior to
implementation of the ELDT final rule. SBL asserts that both employees
meet those requirements and that South Carolina-licensed schools have
seen no negative safety impacts to date by using instructors with fewer
than 2 years of driving experience.
A copy of SBL's application for exemption is available for review
in the docket for this notice.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on SBL's application for an
exemption from the requirement in 49 CFR 380.713 to use instructors who
meet the definitions of ``theory instructor'' and ``BTW 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. 2022-11271 Filed 5-24-22; 8:45 am]
BILLING CODE 4910-EX-P
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