Notice2022-12810
Commercial Driver's License Standards: Stevens Transport, 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
June 14, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Stevens Transport, Inc. (Stevens) has applied for an exemption from the provisions in our regulations that require a commercial learner's permit (CLP) holder to be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. The exemption would allow a CLP holder who has passed the skills test but not yet received the CDL document to drive a Stevens commercial motor vehicle (CMV) accompanied by a CDL holder who is not necessarily in the passenger seat, provided the driver has documentation of passing the skills test. FMCSA requests public comment on the applicant's request for exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
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[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 36034-36036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12810]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0103]
Commercial Driver's License Standards: Stevens Transport, 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 Stevens Transport, Inc. (Stevens) has
applied for an exemption from the provisions in our regulations that
require a commercial learner's permit (CLP) holder to be accompanied by
a commercial driver's license (CDL) holder with the proper CDL class
and endorsements seated in the front seat of the vehicle while the CLP
holder performs behind-the-wheel training on public roads or highways.
The exemption would allow a CLP holder who has passed the skills test
but not yet received the CDL document to drive a Stevens commercial
motor vehicle (CMV) accompanied by a CDL holder who is not necessarily
in the passenger seat, provided the driver has documentation of passing
the skills test. FMCSA requests public comment on the applicant's
request for exemption.
DATES: Comments must be received on or before July 14, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2022-0103 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-2022-0103) 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.
[[Page 36035]]
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 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 <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://www.transportation.gov/privacy">https://www.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 email at
<a href="/cdn-cgi/l/email-protection#84c9c7d4d7c0c4e0ebf0aae3ebf2"><span class="__cf_email__" data-cfemail="efa2acbfbcabaf8b809bc1888099">[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-2022-0103), 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-2022-0103'') 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 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
FMCSA's commercial driver's license (CDL) regulations prescribe
minimum training conditions for behind-the-wheel training of a
commercial learner's permit (CLP) holder in 49 CFR 383.25. Section
383.25(a)(1) requires that a CLP holder must at all times be
accompanied by a CDL holder with the proper CDL class and endorsements.
The CDL holder must be seated in the front seat of the commercial motor
vehicle (CMV) while the CLP holder performs behind-the-wheel training
on public roads or highways.
Applicant's Request
Stevens Transport, Inc. (Stevens) requests an exemption from 49 CFR
383.25(a)(1) to allow CLP holders who have successfully passed a CDL
skills test and are thus eligible to receive a CDL, to drive a CMV
without a CDL holder always present in the front passenger seat. The
exemption will allow Stevens to immediately employ a qualified driver
to transport freight while the driver's CDL documentation is being
processed by the driver's State of domicile. Stevens recruits and
develops driver candidates through the Stevens Driving Academy, and
several affiliated commercial driving schools that provide CDL training
in a number of States, including Colorado, Louisiana, Georgia, Florida,
and Tennessee. Stevens graduates approximately 3,150 new drivers each
year. Prior to the implementation of section 383.25(a)(1), the driver's
State of domicile routinely issued temporary CDLs to drivers who had
successfully passed a CDL skills test in their state, which made it
possible for Stevens to immediately designate a new driver as on duty,
and direct that driver to their State of domicile to obtain CDL
documentation without entering a second driver into an on-duty status.
This translated into immediate productive freight movement for Stevens
and compensation for the new driver.
Stevens is currently not able to employ new drivers until their
home States issue a CDL and must choose either to wait for the driver
to obtain a CDL from their home State before starting on-duty freight
operations or send the driver home in an unproductive non-driving
capacity. The result for Stevens is supply chain inefficiency and a
lost employment opportunity for a new driver. In addition, as States
may take weeks to properly document and update the status of a new
driver's license after passing the CDL skills test, Stevens is again
not able to employ the driver without requiring a second driver in the
front seat of the CMV. This administrative waiting period has caused a
significant burden on Stevens's operations. Stevens requested a 2-year
exemption.
IV. Equivalent Level of Safety
Stevens indicates that the exemption will result in a level of
safety that is greater than the level of safety without the exemption,
as the only difference between a CLP holder who has passed the CDL
skills test and a CDL holder is that the latter has obtained a hard
copy of the CDL document from the home state's Department of Motor
Vehicles (DMV). The practical result of the exemption, if granted, is
that a CLP holder who has passed a CDL skills test would be able to
drive without complying with 49 CFR 383.25(a)(1) and begin immediate
and productive on-the-
[[Page 36036]]
job training. According to Stevens, this will allow them to hone their
recently acquired driving skill set and put them to work as a
productive employee. If the exemption is not granted, Stevens will not
be able to immediately begin training and employing new drivers due in
large measure to DMV delays in delivering CDL documents. Stevens
believes it is the safer approach to allow these new drivers to begin
practicing their driving skills immediately under the requested
exemption.
The exemption would apply only to those drivers who passed the CDL
skills test, hold a CLP, and operate the CMV under supervision of a CDL
holder who is somewhere in the vehicle. Stevens 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.
A copy of Stevens' 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 Stevens' application for an
exemption from the requirement in 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 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. 2022-12810 Filed 6-13-22; 8:45 am]
BILLING CODE 4910-EX-P
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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.