Notice2022-12873
Entry-Level Driver Training: Application for Exemption; Western Area Career and Technology Center
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 15, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Western Area Career and Technology Center (WACTC) has requested an exemption from the Theory and Behind-the-Wheel (BTW) instructor requirements contained in the entry-level driver training (ELDT) regulations for one prospective instructor. WACTC seeks an exemption from the requirement that instructors have at least two years of driving experience of the same or higher class and/or the same endorsement level as the commercial motor vehicle (CMV) to be operated to satisfy the instructor requirements under the ELDT regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36202-36204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12873]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0082]
Entry-Level Driver Training: Application for Exemption; Western
Area Career and Technology Center
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Western Area Career and Technology Center
(WACTC) has requested an exemption from the Theory and Behind-the-Wheel
(BTW) instructor requirements contained in the entry-level driver
training (ELDT) regulations for one prospective instructor. WACTC seeks
an exemption from the requirement that instructors have at least two
years of driving experience of
[[Page 36203]]
the same or higher class and/or the same endorsement level as the
commercial motor vehicle (CMV) to be operated to satisfy the instructor
requirements under the ELDT regulations.
DATES: Comments must be received on or before July 15, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2022-0082 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 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: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2022-0082). 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 20590-0001 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
Docket 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="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722 or <a href="/cdn-cgi/l/email-protection#1b56584b485f5b7f746f357c746d"><span class="__cf_email__" data-cfemail="400d0310130400242f346e272f36">[email protected]</span></a>. If you have questions
on viewing or submitting material to the docket, contact Docket
Operations, telephone (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-2022-0082), 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-2022-0082'' in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``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 materials 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 certain 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(s)/Requirements
The ELDT regulations required compliance by February 7, 2022 and
established minimum training standards for individuals applying for
certain commercial driver's licenses (CDL) and defined curriculum
standards for Theory and BTW training. It also established an online
training provider registry (TPR), eligibility requirements for
providers to be listed on the TPR, and 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. The definitions of ``theory
instructor'' and ``BTW instructor'' in 49 CFR 380.605 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; 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 two years of experience as a BTW CMV
instructor; and meet all applicable State qualification requirements
for CMV instructors.
Applicant's Request
WACTC requests 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. WACTC
specifies that it would like to use one driver training instructor who
does not have two years of required driving experience.
WACTC states that it has been difficult to find qualified
instructors. WACTC indicates that it has found one potential
instructor, Drew Ley, who is more than capable of implementing a
curriculum and training program that not only meets the ELDT
regulations but will also ensure safe, knowledgeable, and skilled CMV
drivers. WACTC states that Mr. Ley will meet the ELDT
[[Page 36204]]
regulation's requirement for two years of driving experience with a
Class A CDL in August 2022.
WACTC states that it conducts monthly classes in which students
achieve 160 hours of practical training, with four students per class.
The ratio of instructor to students (1 to 4) ``provides a more
individualized training approach as well as the ability to address
individual student needs and/or concerns as they may arise.'' According
to WACTC, the impact of this exemption being denied would be
devastating not only to its CDL program, but to the Adult Education
Department as a whole. WACTC asserts that its CDL program is the most
popular and successful program offered and helps stabilize other
struggling programs through a steady stream of revenue.
A copy of the WACTC application for exemption is included in the
docket for this notice.
IV. Equivalent Level of Safety
WACTC believes that Mr. Ley makes up for his failure to have two
years of required driving experience with his experience with the FMCSA
regulations and his current and previous qualifications. Prior to
FMCSA's implementation of the ELDT regulations, Mr. Ley successfully
trained four WACTC classes and achieved a 100% student completion rate.
As an employee of the Commonwealth of Pennsylvania DOT (PennDOT), Mr.
Ley audited and verified third-party testing sites, routes, and CDL
examiners to assure compliance with PennDOT regulations. He also
assisted in the training and bi-annual reviews of experienced and new
CDL examiners and has extensive knowledge operating Class B vehicles
with school bus and passenger endorsements. In addition, Mr. Ley has
obtained a School Bus Instructor Certification, Certified Inspection
Mechanic (class 7), certification as a licensed private Class C
instructor, and has had a Class A CDL for a year and a half without
restrictions. Furthermore, WACTC indicates that the exemption, if
granted, would only be necessary until August 2022, when Mr. Ley will
have had his Class A CDL for the required two years.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on WACTC's application for an
exemption from the requirement in 49 CFR 380.713 to use instructors who
meet the definitions of ``Theory instructor'' and ``Behind-the-wheel
(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. 2022-12873 Filed 6-14-22; 8:45 am]
BILLING CODE 4910-EX-P
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