Notice2023-00445
Entry-Level Driver Training: National Ground Water Association; 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
January 12, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the exemption request from the National Ground Water Association (NGWA). NGWA sought an exemption from the entry-level driver training (ELDT) regulations "for individuals operating class B ground water well drilling rigs." FMCSA analyzed the exemption application and public comments and determined that the exemption would not 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 88 Issue 8 (Thursday, January 12, 2023)</title>
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[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2158-2159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00445]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0137]
Entry-Level Driver Training: National Ground Water Association;
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 request
from the National Ground Water Association (NGWA). NGWA sought an
exemption from the entry-level driver training (ELDT) regulations ``for
individuals operating class B ground water well drilling rigs.'' FMCSA
analyzed the exemption application and public comments and determined
that the exemption would not achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-2722. Email:
<a href="/cdn-cgi/l/email-protection#6b190208030a190f4508070e060e051f0e2b0f041f450c041d"><span class="__cf_email__" data-cfemail="7b091218131a091f5518171e161e150f1e3b1f140f551c140d">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(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-2022-0137'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse 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-2022-0137'' 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
online 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). 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 Requirements
The ELDT regulations, implemented on February 7, 2022 and set forth
in 49 CFR part 380, subparts F and G, establish minimum training
standards for individuals applying for certain commercial driver's
licenses (CDLs) and define curriculum standards for theory and behind-
the-wheel (BTW) training. They also established an online training
provider registry (TPR), eligibility requirements for providers to be
listed on the TPR, and requirements for ELDT instructors. Under 49 CFR
380.609(a), an individual who applies, for the first time, for a Class
A or Class B CDL, or who upgrades to a Class A or B CDL, must complete
driver training from a provider listed on the TPR, as set forth in
subpart G.
Applicant's Request
NGWA states that it is the country's largest professional
association representing water well contractors, groundwater
scientists, and manufacturers and suppliers of groundwater technology.
NGWA seeks an exemption from the ELDT regulations ``for individuals
operating class B ground water well drilling rigs'' which transport
water well field equipment used to access ground water. NGWA states
that increasing demands for groundwater and private water wells, along
with labor and supply shortages, have contributed to delays in drilling
new water wells. NGWA believes that the exemption, if granted, would
allow ground water well drilling rig operators to receive on-the-job
training, which could save hundreds of hours each year for water well
contractors. NGWA asserts that, if the exemption was granted, on-the-
job ``safe driver'' training would be provided to drivers covered by
the exemption prior to ``taking their CDL exam.'' NGWA did not,
however, provide details regarding such training or how the training
would achieve a level of safety equivalent to or greater than the level
of safety achieved by complying with the ELDT regulations.
IV. Public Comments
On July 7, 2022, FMCSA published notice of this application and
requested public comments (87 FR 40581). The Agency received 18
comments: nine in support, eight in opposition, and one neutral. The
Owner-Operator Independent Driver's Association (OOIDA) and the AFL-
CIO/Transportation Trades Department (AFL-CIO/TTD) both strongly
opposed the exemption request, along with six other individuals/small
companies. OOIDA cited a number of reasons for its opposition,
including its participation as an industry stakeholder on the Entry-
Level Driver Training Advisory Committee when the ``framework'' of the
ELDT regulations were agreed upon. OOIDA believes this exemption could
allow individuals who drive Group B water well drilling rigs to drive
other types of Group B vehicles without sufficient knowledge of basic
commercial motor vehicle maneuvers, which would not result in an
equivalent level of safety. The AFL-CIO/TTD also opposed the request,
stating that there are alternatives that would ensure equivalent levels
of safety without
[[Page 2159]]
undermining the applicability of the ELDT requirements that are
designed to protect workers and the public.
Nine commenters supported the request, including representatives
from the ground water well industry, such as the Florida Ground Water
Association and the Georgia Association of Ground Water Professionals.
Those filing in support primarily cited the shortage of CDL drivers in
their industry, and the fact that ground water well companies are, for
the most part, already conducting in-house driver training. They
further cited the added costs of the ELDT requirements, which they
assert discourage younger individuals from seeking and applying for a
CDL in their industry.
VI. Equivalent Level of Safety Analysis and Decision
FMCSA denies the exemption. Although the NGWA stated that it would
provide on-the-job ``safe driver'' training to drivers covered by the
exemption prior to obtaining their CDL, NGWA did not provide any
details of that training or explain how such training would provide an
equivalent or greater level of safety as compliance with the existing
regulations, as required by 49 CFR 381.310(c)(5). FMCSA therefore has
no basis to conclude that the training would likely ensure an
equivalent or greater level of safety as would be achieved absent the
exemption, as required by statute (49 U.S.C. 31315(b)(1)).
For the above reasons, NGWA's exemption application is denied.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-00445 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-EX-P
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