Notice2022-27848
Entry-Level Driver Training: Western Area Career and Technology Center; 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
December 22, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the exemption application from Western Area Career and Technology Center (WACTC). WACTC 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. FMCSA analyzed the exemption application and public comments and determined that the application lacked evidence that would ensure a level of safety equivalent to or greater than would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78762-78764]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27848]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0082]
Entry-Level Driver Training: Western Area Career and Technology
Center; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the exemption application
from Western Area Career and Technology Center (WACTC). WACTC 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. FMCSA analyzed the
exemption application and public comments and determined that the
application lacked evidence that would ensure a level of safety
equivalent to or
[[Page 78763]]
greater than would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-2722; <a href="/cdn-cgi/l/email-protection#8cfee5efe4edfee8a2efe0e9e1e9e2f8e9cce8e3f8a2ebe3fa"><span class="__cf_email__" data-cfemail="24564d474c4556400a47484149414a504164404b500a434b52">[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
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number (``FMCSA-2022-0082'') in the ``Keyword'' box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click ``View Related 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-2022-0082'') 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
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(b) to grant
exemptions from certain 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 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(a)). 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 Regulatory Requirements
The ELDT regulations, implemented on February 7, 2022, established
minimum training standards for individuals applying for certain
commercial driver's licenses (CDLs) 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 qualification requirements for instructors.
Under 49 CFR 380.713, a training provider must use instructors who meet
the definitions of ``theory instructor'' and ``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 commercial motor vehicle (CMV) for which training is to be
provided, and have either: (1) a minimum of two 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.
Applicant's Request
WACTC requests an exemption from 49 CFR 380.713, which requires a
training provider to 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,
Drew Ley, who does not have two years of required driving experience
with a Class A CDL. WACTC states that it has been difficult to find
qualified instructors. WACTC stated that Mr. Ley would meet the ELDT
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 ``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.
IV. Method To Ensure an Equivalent or Greater Level of Safety
WACTC believes that Mr. Ley makes up for his failure to have two
years of required driving experience through his experience with the
FMCSA regulations and his other qualifications. According to WACTC,
prior to FMCSA's implementation of the ELDT regulations, Mr. Ley
successfully trained four of its classes and achieved a 100% student
completion rate. When he was an employee of the Commonwealth of
Pennsylvania DOT (PennDOT), Mr. Ley previously 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
experience 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. A copy of WACTC's application
for exemption is available for review in the docket for this notice.
V. Public Comments
On June 15, 2022, FMCSA published notice of WACTC's application for
exemption and requested public comment [87 FR 36202]. Six comments were
filed in response to the exemption request, five from individual
commenters and one from the Owner-Operator Independent Driver's
Association (OOIDA). Four commenters, including OOIDA, opposed the
exemption request, while two others offered no opinion either for or
against the exemption request.
OOIDA cited its participation as a primary industry stakeholder on
the Entry-Level Driver Training Negotiated Rulemaking Committee
(ELDTAC) when the ``framework'' of the ELDT rule was agreed upon by the
Committee. OOIDA supported the provision in the ELDT rule that required
driving experience for training instructors because OOIDA believes that
experience is essential to provide comprehensive training to entry-
level drivers. OOIDA believes there is no substitute for an experienced
BTW trainer. According to OOIDA,
[[Page 78764]]
exempting instructors without driving experience will not result in an
equivalent or greater level of safety. OOIDA further added that the
delayed implementation date of the ELDT regulations from 2020 to 2022
allowed even more time for training providers to obtain the requisite
experience.
Other individual commenters who filed in opposition also cited Mr.
Ley's lack of experience. A commenter stated that ``CDL drivers with
less than two years of experience are a hazard to new drivers as they
lack the experience to understand safe operation of a tractor
trailer.'' Another commenter added that in their opinion, ``it takes
much more than one year of `real' driving experience, not just holding
a CDL to gain any experience that is worthy of passing along.''
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated WACTC's application and the public comments.
When the Agency established the ELDT regulations, it determined that
two years of experience driving a CMV is the minimum qualification
standard, reflecting the opinion of numerous commenters to the ELDT
Notice of Proposed Rulemaking. Furthermore, WACTC indicated in its
application 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.
The Agency concurs with commenters that if it allows an individual
instructor to provide ELDT without the required driving experience, it
could open the door for similar exemption requests on a widespread
basis. Such a result would be inconsistent with a primary goal of the
ELDT regulations, which was to improve highway safety by establishing a
uniform Federal minimum ELDT standard.
FMCSA concludes that WACTC has presented insufficient evidence to
establish that not complying with the provisions of the ELDT
regulations relating to driving experience requirements for CMV
instructors would meet or exceed the level of safety provided by
complying with the ELDT regulations. In addition, based on the
information provided by WACTC that Mr. Ley would meet the requirement
for two years of driving experience with a Class A CDL in August 2022,
the request is now moot.
For the above reasons, WACTC's exemption application is denied.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-27848 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-EX-P
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