Notice2023-19614
Entry-Level Driver Training: Application for Exemption; Alaska's Ice Road Driving School
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
September 12, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the application from Alaska's Ice Road Driving School requesting an exemption from certain portions of the behind-the-wheel (BTW) entry-level driver training (ELDT) requirements for driver trainees. The applicant explained that because of the unique road system and challenging terrain in Alaska, it is difficult to adhere to the driver training regulations, and further explained that the road configurations lead to only a few major established safe road systems in Alaska. The applicant believes that the road skills test for a Commercial Driver's License (CDL) applicant can safely be administered by the State test examiner because set routes can be established and approved without the CDL applicant completing certain portions of the mandatory BTW training. FMCSA analyzed the application and determined that the exemption would not likely 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 175 (Tuesday, September 12, 2023)</title>
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[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62622-62623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19614]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0089]
Entry-Level Driver Training: Application for Exemption; Alaska's
Ice Road Driving School
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 application from
Alaska's Ice Road Driving School requesting an exemption from certain
portions of the behind-the-wheel (BTW) entry-level driver training
(ELDT) requirements for driver trainees. The applicant explained that
because of the unique road system and challenging terrain in Alaska, it
is difficult to adhere to the driver training regulations, and further
explained that the road configurations lead to only a few major
established safe road systems in Alaska. The applicant believes that
the road skills test for a Commercial Driver's License (CDL) applicant
can safely be administered by the State test examiner because set
routes can be established and approved without the CDL applicant
completing certain portions of the mandatory BTW training. FMCSA
analyzed the application and determined that the exemption would not
likely 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; 202-366-2722 or <a href="/cdn-cgi/l/email-protection#186a717b70796a7c367b747d757d766c7d587c776c367f776e"><span class="__cf_email__" data-cfemail="80f2e9e3e8e1f2e4aee3ece5ede5eef4e5c0e4eff4aee7eff6">[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-2023-0089'' 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.''
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations 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
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
[[Page 62623]]
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, established minimum training
standards for individuals applying for certain CDLs and defined
curriculum standards for theory and 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
Alaska's Ice Road Driving School seeks an exemption from the
requirements, set forth in 49 CFR part 380, Appendices A and B, that
driver trainees seeking a Class A or Class B CDL demonstrate
proficiency in BTW maneuvers related to entering the on ramp, exiting
the off ramp, right turns, and left turns. The applicant states that
due to Alaska's unique road system they believe that the exemption
would benefit Alaska's driver training schools and give them confidence
to take on prospective students and complete the required BTW training
safely. Alaska's Ice Road Driving School requests the exemption
regarding routing prescriptions that are specific to exact off and on
ramps, and right and left turns, adding that it will aid in the safe
administration of road tests by the Alaska State Department of Motor
Vehicles. The applicant seeks the exemption on behalf of itself and all
State and local commercial driving schools in Alaska as well as
individuals qualified as third-party testers in the State of Alaska.
IV. Method To Ensure an Equivalent or Greater Level of Safety
Alaska's Ice Road Driving School believes that the specified
portions of the ELDT regulation could be waived safely by allowing the
school and the State of Alaska to prescribe routes based upon the area
in which the road skills exam would be administered. The applicant
further believes that the road skills test for a CDL applicant can
safely be administered by the State test examiner as set routes can be
established and approved without the CDL applicant completing certain
portions of the mandatory BTW training.
V. Public Comments
On April 20, 2023, FMCSA published Alaska's Ice Road Driving
School's application and requested public comment [88 FR 24463]. The
Agency received no comments in response to the notice.
VI. FMCSA Safety Analysis and Decision
FMCSA evaluated Alaska's Ice Road Driving School application and
denies the exemption request. The applicant failed to establish that
they would maintain a level of safety equivalent to, or greater than,
the level achieved without the exemption. Granting the exemption would
result in drivers receiving a CDL even though they had not demonstrated
proficiency in the three driving skills from which exemption is
requested. In addition, on December 28, 2022, the Agency granted an
exemption to the State of Alaska [87 FR 79932] which 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 the 2022 exemption are also exempt from the ELDT
regulations. The relief requested by Alaska's Ice Road Driving School
falls within the scope of that exemption to the extent that drivers
would not be subject to ELDT requirements if, pursuant to the 2022
exemption, they received a restricted CDL allowing them to operate a
commercial motor vehicle only within 14 designated geographical areas
of the State. This exemption for the State of Alaska is effective from
December 28, 2022, through December 30, 2024. The Agency does not
believe it is appropriate to grant a State-wide exemption when the
previous exemption provides a targeted solution in 14 specific regions
of the State where there are challenges to achieving full compliance
with the rules. In addition, there were no comments filed in support of
Alaska's Ice Road Driving School's request.
For the above reasons, Alaska's Ice Road Driving School's exemption
application is denied.
Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023-19614 Filed 9-11-23; 8:45 am]
BILLING CODE 4910-EX-P
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