Notice2023-16044
Entry-Level Driver Training Requirements; Training Departments of Millis Transfer LLC (Millis Training Institute (MTI)); Heartland Express (Heartland Training Institute (HTI)); and Contract Freighter's Inc. (CFI); Application for Exemption
Primary source
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Published
July 28, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that it has received a joint application from the training departments of Millis Transfer LLC (Millis Training Institute (MTI)); Heartland Express (Heartland Training Institute (HTI)); and Contract Freighter's Inc. (CFI) requesting an exemption from the entry-level driver training regulations requiring that a behind-the-wheel (BTW) training instructor have at least two years' experience driving a commercial motor vehicle (CMV) or two years' experience as a BTW CMV instructor, as set forth in the definition of behind-the-wheel instructor. MTI conducts training for all three companies and describes its trainer evaluation process as "second to none." FMCSA requests public comment on the applicants' request for exemption.
Full Text
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<title>Federal Register, Volume 88 Issue 144 (Friday, July 28, 2023)</title>
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[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48946-48947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16044]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0081]
Entry-Level Driver Training Requirements; Training Departments of
Millis Transfer LLC (Millis Training Institute (MTI)); Heartland
Express (Heartland Training Institute (HTI)); and Contract Freighter's
Inc. (CFI); Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that it has received a joint application from
the training departments of Millis Transfer LLC (Millis Training
Institute (MTI)); Heartland Express (Heartland Training Institute
(HTI)); and Contract Freighter's Inc. (CFI) requesting an exemption
from the entry-level driver training regulations requiring that a
behind-the-wheel (BTW) training instructor have at least two years'
experience driving a commercial motor vehicle (CMV) or two years'
experience as a BTW CMV instructor, as set forth in the definition of
behind-the-wheel instructor. MTI conducts training for all three
companies and describes its trainer evaluation process as ``second to
none.'' FMCSA requests public comment on the applicants' request for
exemption.
DATES: Comments must be received on or before August 28, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number (FDMS) FMCSA-2023-0081 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: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2023-0081) for this notice. 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
Dockets Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-4225 or <a href="/cdn-cgi/l/email-protection#52223733203e3b377c203d303b3c213d3c12363d267c353d24"><span class="__cf_email__" data-cfemail="1e6e7b7f6c72777b306c717c77706d71705e7a716a30797168">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets 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-2023-0081), 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.
[[Page 48947]]
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-2023-0081'' in the ``Keyword'' box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. 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 material 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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
III. Applicant's Request
The applicants seek an exemption from the BTW instructor
qualification requirements as set forth in the definition of ``Behind-
the-wheel (BTW) instructor'' in FMCSA's entry level driver training
regulations (49 CFR 380.605). The applicants state that the two-year
experience requirement for BTW instructors impedes their ability to
hire enough trainers to meet the demand. The applicants further explain
that MTI conducts training for all three acquired companies and believe
MTI's pre-ELDT policy of a one-year minimum experience for its over-
the-road (OTR) trainers and its ``extensive'' safety evaluation of
those trainers has allowed it to be a positive contributor to highway
safety.
MTI reports an estimated student enrollment of 500 to 700 students
for 2023 for all three companies. Its 131 trainers currently spend up
to 90 days with a student before letting them drive solo and because of
the shortage of trainers, MTI will have to turn some students away. The
proposed exemption would allow MTI to continue its one-year minimum
training experience requirement so that it can add another 90 to 150
BTW trainers to its current trainer group. Should the exemption be
granted, these additional trainers would be allowed to conduct BTW
training without meeting the two-year minimum requirement for BTW
instructors.
A copy of the application for exemption is included in the docket
for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on this joint application for an
exemption from the BTW instructor qualification requirements 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 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. 2023-16044 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-EX-P
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