Notice2022-28242
Entry-Level Driver Training: State of Alaska; 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 28, 2022
Effective
December 28, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant a two-year exemption to the State of Alaska from the limitations imposed by the commercial driver's license (CDL) regulations on the State's ability to issue restricted CDLs. The exemption allows the State to waive specified portions of the CDL skills test for drivers in 14 defined geographical areas that lack infrastructure to allow completion of the full skills test. Drivers who receive a restricted CDL under the provisions of this exemption are also exempt from the Entry-Level Driver Training (ELDT) regulations. FMCSA concludes that granting the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained absent the 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 79932-79935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28242]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0122]
Entry-Level Driver Training: State of Alaska; 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 a two-year exemption to
the State of Alaska from the limitations imposed by the commercial
driver's license (CDL) regulations on the State's ability to issue
restricted CDLs. The exemption allows the State to waive specified
portions of the CDL skills test for drivers in 14 defined geographical
areas that lack infrastructure to allow completion of the full skills
test. Drivers who receive a restricted CDL under the provisions of this
exemption are also
[[Page 79933]]
exempt from the Entry-Level Driver Training (ELDT) regulations. FMCSA
concludes that granting the exemption, subject to the terms and
conditions set forth below, is likely to achieve a level of safety
equivalent to or greater than the level of safety that would be
obtained absent the exemption.
DATES: The exemption is effective from December 28, 2022 through
December 30, 2024.
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#3e4c575d565f4c5a105d525b535b504a5b7e5a514a10595148"><span class="__cf_email__" data-cfemail="a0d2c9c3c8c1d2c48ec3ccc5cdc5ced4c5e0c4cfd48ec7cfd6">[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-2022-0122'' 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-2022-0122'' in the keyword box, click ``Search,'' and choose
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
Under 49 CFR 383.3(e) the State of Alaska may waive certain
knowledge and skills tests requirements and issue restricted CDLs,
subject to certain conditions. To be eligible for a restricted CDL
under 49 CFR 383.3(e), which is not valid outside Alaska, drivers must
operate exclusively over roads that are not connected to the State
highway system and are not connected to any highway or vehicular way
with an average daily traffic volume greater than 499 (Sec.
383.3(e)(2)). The Federal Highway Administration, FMCSA's predecessor
agency, set the daily traffic volume limit at 499 in 1996 (54 FR
33230).
The ELDT regulations, implemented on February 7, 2022, and set
forth in 49 CFR 380, subparts F and G, establish minimum training
standards for individuals applying for certain CDLs and defined
curriculum standards for theory and behind-the-wheel (BTW) training.
The ELDT curriculum in 49 CFR part 380, Appendix A, Section A3.1,
requires Class A CDL applicants to demonstrate proficiency in proper
techniques for initiating vehicle movement, executing left and right
turns, changing lanes, navigating curves at speed, entry and exit on
the interstate or controlled access highway, and stopping the vehicle
in a controlled manner. Under 49 CFR 380.603(a)(2), drivers issued a
restricted CDL by the State of Alaska are exempt from the ELDT
requirements.
Applicant's Request
The State of Alaska (Alaska) requested an exemption from the ELDT
curriculum in 49 CFR part 380, appendix A, section A3.1, which requires
Class A CDL applicants to demonstrate proficiency in proper techniques
for initiating vehicle movement, executing left and right turns,
changing lanes, navigating curves at speed, entry and exit on the
interstate or controlled access highway, and stopping the vehicle in a
controlled manner. Alaska stated that the exemption is necessary
because the current threshold for determining whether a driver is
eligible for a restricted CDL, set forth in 49 CFR 383.3(e), is
outdated and excludes some remote communities that have unpaved, two-
lane roads not connected to the National Highway System. Consequently,
these areas ``do not have the infrastructure or driving scenarios'' to
complete the portions of ELDT that require the driver-trainee to
demonstrate proficiency in vehicle control maneuvers on the interstate
or controlled access highway. Alaska asserts that, because CDL
applicants from these remote communities are not currently eligible to
receive a restricted CDL, and thus be exempt from ELDT, they would be
required to fly into larger cities and incur travel costs and lost
wages to complete the BTW training requirements related to controlled
access highways.
In its request for exemption, Alaska asserts ``that the new
regulations define off-highway licenses under 49 CFR 383.3(e)(2)(ii) as
average daily traffic count of 499 or less, which excludes many remote
Alaska communities, so their commercial drivers are now subject to the
new ELDT requirements.'' Alaska describes this result as having
``devastating impact on rural Alaska's movement of produce,
prescriptions, people, and other goods.''
IV. Method To Ensure an Equivalent or Greater Level of Safety
The Agency believes permitting the issuance of restricted CDLs to
drivers operating a commercial motor vehicle (CMV) in 14 geographically
remote communities identified in Section VI of this notice will achieve
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption (49 CFR 381.305(a)).
V. Public Comments
On July 6, 2022, FMCSA published notice of the State of Alaska
application and requested public comment (87 FR 40334). The Agency
received 30 comments, 24 of which supported the exemption. Those filing
in support included Alaskan driver training schools, Alaskan cities/
boroughs, the Alaska Department of Labor and Workforce Development, the
Alaska Trucking Association, motor carriers, and several individuals.
Five commenters opposed the exemption, including the Owner-Operator
Independent Driver's Association (OOIDA), the AFL-CIO/Transportation
[[Page 79934]]
Trades Division (AFL-CIO/TTD) and three other individuals. One
commenter filed neither for nor against the exemption request.
The Prince of Wales Vocational/Technical School's comments in
support of the exemption included points that were echoed by others,
stating that the ELDT regulations ``inadvertently will have a
devastating effect on most of the State of Alaska by requiring road
testing on roads that simply do not exist in most of the State. The
shortage of and retention of CDL drivers will be negatively affected by
this regulation.''
The Petersburgh Borough added support for the exemption request in
their filed comments, stating that ``the costs for regulatory compliant
CDL training in combination with the inconvenience of having to spend
extended time in another community to receive the training are
egregious hardships on employers and the employees seeking to better
themselves through attainment of a CDL. By allowing us to continue
local rural training and testing, you would show Alaskans that you
understand and appreciate that Alaska is a unique landscape.'' Another
commenter stated, ``Traveling to a community where training and testing
are available is cost prohibitive as it could cost thousands of
dollars.''
OOIDA opposed the exemption, citing its participation as an
industry stakeholder on the ELDT Negotiated Rulemaking Committee when
the ``framework'' of the ELDT rule was agreed upon and commented that
these minimum requirements must be strengthened, not waived. The AFL-
CIO/TTD also opposed the exemption, stating that allowing Alaska, or
any locality within the State, to move forward with an exemption from
such basic ELDT requirements would undermine the intent of the ELDT
program to prepare commercial drivers to respond safely in situations
that they will encounter while driving.
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated the State of Alaska's application for exemption
and the public comments and based on its analysis, decided to grant an
exemption from 49 CFR 383.3(e)(2) in lieu of granting an exemption from
the ELDT curriculum in 49 CFR part 380, Appendix A, Section A3.1, as
requested by the State. If FMCSA were to grant the relief requested,
the affected drivers would be eligible to obtain an unrestricted CDL
and operate in any location in the U.S., even though they did not
receive the requisite training to safely operate a CMV when entering
and exiting an interstate or controlled access highway designed for
high-speed vehicular traffic, navigating curves at speed, changing
lanes, and stopping the CMV in a controlled manner. FMCSA concludes
that this outcome would not result in a level of safety equivalent to,
or greater than the level achieved without the requested exemption.
As noted above, Alaska currently has the discretion, under 49 CFR
383.3(e), to waive certain CDL knowledge and skills tests requirements
and issue a restricted CDL, valid only in Alaska. Currently, drivers
who apply for a restricted CDL are exempt from the ELDT regulations,
pursuant to 49 CFR 380.603(a)(2). However, under Sec. 383.3(e)(2), to
be eligible for a restricted CDL issued under Sec. 383.3(e), which is
not valid outside the State, drivers must operate exclusively over
roads that are not connected to the state highway system and are not
connected to any highway or vehicular way with an average daily traffic
volume greater than 499. This standard was adopted in 1989 by the
Federal Highway Administration, FMCSA's predecessor agency. As the
State pointed out in its exemption request, this standard excludes many
remote Alaska communities, requiring CDL applicants in these areas to
comply with FMCSA's ELDT requirements.
The Agency believes that granting an exemption allowing Alaska to
issue restricted CDLs, subject to the terms and conditions set forth
below, will achieve a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption (49 CFR
381.305(a)). The exemption applies only to CDL applicants who reside in
one of the named remote geographical areas identified below and who
operate only within those defined areas. In addition, the State may
waive only specified elements of the skills test affected by the lack
of infrastructure in the identified communities. Individuals applying
for a restricted CDL covered by this exemption are exempt from ELDT in
accordance with 49 CFR 380.603(a)(2).
VII. Exemption Decision
A. Grant of Exemption
FMCSA grants an exemption from 49 CFR 383.3(e)(2) for a period of
two years subject to the terms and conditions of this decision.
B. Applicability
The State of Alaska may issue CDLs under this exemption only to
drivers who reside in the following communities or areas: \1\
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\1\ The locales were identified by the State of Alaska's
Department of Administration, Division of Motor Vehicles (DMV) and
independently verified by FMCSA as lacking the infrastructure for
CDL applicants to perform the skills required by 49 CFR
383.113(c)(4) and (c)(5). FMCSA notes that the DMV initially
identified 15 affected locales, but FMCSA determined that one of the
15 communities operates on major connected thoroughfares and the
distances involved are not dissimilar to that experienced by many
rural communities in the western United States. The DMV's letter
identifying the affected areas is available in the docket of this
Notice and can be accessed at <a href="http://Regulations.gov">Regulations.gov</a>.
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(1) Bethel--within the local Bethel community road network
(2) Prince of Wales Island
(3) Haines--within the Haines community, and along the Haines Highway
corridor, ending at the Canadian Border
(4) Ketchikan--within the Ketchikan community and the airport area on
the neighboring Annette Island
(5) King Salmon--within the local King Salmon community road network
(6) Kodiak Island
(7) Kotzebue--within the local Kotzebue community road network
(8) Nome--within the local Nome community road network
(9) Mitkof Island (Petersburg)
(10) Sitka--within the local Sitka community road network
(11) Skagway--within the Skagway community and along the Klondike
Highway corridor, ending at the Canadian Border
(12) Unalaska Island
(13) Utqiavik--within the Utqiavik community road network
(14) Wrangell Island
C. Terms and Conditions
The State of Alaska and drivers operating under this exemption are
subject to the following terms and conditions:
(1) The State of Alaska must comply with 49 CFR 383.133(b) and
383.135(a) of the knowledge tests standards for testing procedures and
methods set forth in 49 CFR part 383, subpart H, and must continue to
administer knowledge tests that fulfill the content requirements of
subpart G.
(2) The State of Alaska may waive only the following portions of
the CDL skills test, as set forth in 49 CFR 383.113(c), that cannot be
performed due to infrastructure limitations in the identified
communities or areas:
<bullet> ability to adjust speed to the configuration and condition
of the roadway, weather and visibility conditions, traffic conditions,
and motor vehicle, cargo, and driver conditions (Sec. 383.113(c)(3));
and
[[Page 79935]]
<bullet> ability to choose a safe gap for changing lanes, passing
other vehicles, as well as for crossing or entering traffic (Sec.
383.113(c)(4));
(3) Drivers applying for a CDL to be issued under this exemption
must reside in one of the 14 geographical areas identified in Section
VII. B of this Notice;
(4) Drivers issued a restricted CDL under this exemption may
operate only within the 14 geographical areas identified in Section
VII. B of this Notice; and
(5) The drivers must comply with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR part 350-399).
(6) The State of Alaska must include notice on a restricted CDL
issued pursuant to this exemption of the geographical area(s) in which
the CDL holder may operate a CMV.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.60, 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 person operating under the
exemption.
E. Notification to FMCSA
The State of Alaska must provide to FMCSA, upon request, a list of
all drivers issued CDLs under this exemption.
F. Termination
FMCSA does not believe that drivers covered by this exemption will
experience any deterioration of their safety record.
The Agency will, however, rescind the exemption if: (1) the State
of Alaska or drivers operating under the exemption fail to comply with
the terms and conditions of the exemption; (2) the exemption results 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 objective of 49 U.S.C. 31136(e) and 31315(b).
Robin Hutcheson,
Administrator.
[FR Doc. 2022-28242 Filed 12-27-22; 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.