Notice2022-28235
Commercial Driver's License Standards: Stevens Transport, Inc.; Application for Exemption
Primary source
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Published
December 28, 2022
Effective
December 28, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant the exemption application from Stevens Transport, Inc. (Stevens). Stevens sought an exemption from the requirement that a commercial learner's permit (CLP) holder 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 allows 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 has analyzed the exemption application and public comments and determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 248 (Wednesday, December 28, 2022)</title>
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[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79931-79932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28235]
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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 final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant the exemption
application from Stevens Transport, Inc. (Stevens). Stevens sought an
exemption from the requirement that a commercial learner's permit (CLP)
holder 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 allows 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 has analyzed the
exemption application and public comments and determined that the
exemption, subject to the terms and conditions imposed, will achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.
DATES: The exemption is effective from December 28, 2022 through
December 28, 2027.
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#30425953585142541e535c555d555e445570545f441e575f46"><span class="__cf_email__" data-cfemail="5f2d363c373e2d3b713c333a323a312b3a1f3b302b71383029">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Docket Services 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-2022-0103'' 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-2022-0103'' 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 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). 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
FMCSA's CDL regulations in 49 CFR 383.25 prescribe minimum
conditions for behind-the-wheel training of a CLP holder. Section
383.25(a)(1) requires that a CLP holder 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 CMV while the CLP holder
performs behind-the-wheel training on public roads or highways.
Applicant's Request
Stevens requests an exemption from 49 CFR 383.25(a)(1) to allow CLP
holders who have 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. Stevens states that it 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.
Stevens asserts that without the exemption, it must choose either
to wait for drivers to obtain the CDL credential from their home State
before starting on-duty freight operations or to send the drivers home
in an unproductive non-driving capacity. The result, according to
Stevens, is supply chain inefficiency and a lost employment opportunity
for a new driver. In addition, Stevens explains that States may take
weeks to properly document and update the status of a new driver's
license. This administrative waiting period has caused a significant
burden on Stevens's operations.
IV. Method To Ensure an Equivalent or Greater 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.
Stevens states that 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 is that CLP holders who have passed a CDL skills test are
able to begin immediate and productive on-the-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, as
opposed to waiting for the CDL document. Stevens states that it will
maintain proper, up-to-date records for all drivers in possession of a
CLP who have passed the CDL skills test. A copy
[[Page 79932]]
of Stevens' application for exemption is available for review in the
docket for this notice.
V. Public Comments
On June 14, 2022, FMCSA published notice of the Stevens application
and requested public comment [87 FR 36034]. The Agency received four
comments. The Owner-Operator Independent Driver's Association (OOIDA)
opposed the exemption request, as OOIDA believes that Stevens failed to
prove that a waiver would result in ``a level of safety equivalent to,
or greater than, the level that would be achieved by the regulation.''
OOIDA commented that Stevens demonstrated only a desire to increase its
productivity and profit at the risk of highway safety. OOIDA also
commented that: (1) far too many new drivers are entering the trucking
industry and driving on the nation's roads without the basic skills to
safely operate a commercial vehicle and section 383.25(a)(1) is
designed to properly ensure that inexperienced drivers will have
sufficient training, instruction, and oversight as they learn the job;
(2) Stevens's exemption request fails to explain how the CLP holder
will be adequately mentored if the CDL holder is not in the passenger
seat; and (3) the regulations requiring an experienced driver in the
front seat with a permit holder were implemented with safety in mind,
and FMCSA must continue bolstering training requirements in support of
the Entry-Level Driver Training rule. Three other individual commenters
also opposed the exemption request. One commenter stated that too many
``mega'' carriers put inexperienced, unqualified drivers on the road,
while another commented that the risk of having an inexperienced driver
behind the wheel without supervision is counterproductive to safety.
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated Stevens' application for exemption and the
public comments and believes Stevens will achieve a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption. The premise of comments opposing the exemption
is that CLP holders lack experience and are safer drivers when observed
by a CDL driver trainer who is on duty and in the front seat of the
vehicle. However, CLP holders who have passed the CDL skills test are
eligible to obtain a CDL without further training. If these CLP holders
had obtained their training and CLPs in their State of domicile, they
could immediately obtain their CDL at the State driver licensing agency
and begin driving a CMV without any on-board supervision. Because these
drivers have passed the CDL skills test, the only thing necessary to
obtain the CDL is to visit the DMV office in their State of domicile.
In addition, FMCSA has already granted this same exemption
request--and in some instances, five-year renewals--for the following
five other motor carriers: CRST Expedited, C.R. England, Inc., New
Prime, Inc., Werner Enterprises, and Wilson Logistics [83 FR 53149; 87
FR 36360; 87 FR 38449; 87 FR 18855; 86 FR 11050].
The requested exemption is restricted to Stevens' CLP holders who
have documentation that they have passed the CDL skills test. The
exemption will enable these drivers to operate a CMV as a team driver
without requiring the accompanying CDL holder be on duty and in the
front seat while the vehicle is moving.
Terms and Conditions of the Exemption
When operating under this exemption, Stevens and its drivers are
subject to the following terms and conditions:
(1) Stevens and its drivers must comply with all other applicable
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399);
(2) The drivers must be in possession of a valid State driver's
license, CLP with the required endorsements, and documentation that
they have passed the CDL skills test;
(3) The drivers must not be subject to any out-of-service (OOS)
order or suspension of driving privileges; and
(4) The drivers must be able to provide this exemption document to
enforcement officials.
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
Notification to FMCSA
Stevens must notify FMCSA within 5 business days of any crash (as
defined in 49 CFR 390.5) involving any of its CMVs operating under the
terms of this exemption. The notification must include the following
information:
(a) Name of the exemption: ``Stevens'';
(b) Date of the accident;
(c) City or town, and State, in which the accident occurred, or
closest to the accident scene;
(d) Driver's name and license number;
(e) Vehicle number and State license number;
(f) Number of individuals suffering physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the accident;
(i) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
(j) The driver's total driving time and total on-duty time prior to
the accident. Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#f2bfb1a2a1b6b2969d86dc959d84"><span class="__cf_email__" data-cfemail="d8959b888b9c98bcb7acf6bfb7ae">[email protected]</span></a>.
Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) Stevens and its drivers operating under the
exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-28235 Filed 12-27-22; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on December 28, 2022.
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.