Notice2024-10077
Commercial Driver's License Standards: Application for Exemption; Pitt Ohio Express, LLC
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
May 9, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its denial of the application from Pitt Ohio Express, LLC (Pitt Ohio) to exempt its drivers from one of the requirements in the Agency's Safe Driver Apprenticeship Pilot (SDAP) program. Pitt Ohio requests an exemption allowing it to use drivers under the age 21, who hold a Commercial Learner's Permit (CLP) to operate commercial motor vehicles (CMVs) in interstate commerce, to participate in the SDAP program. FMCSA analyzed the application and determined that there is insufficient basis to conclude that the exemption would 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 89 Issue 91 (Thursday, May 9, 2024)</title>
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[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39680-39681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10077]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0057]
Commercial Driver's License Standards: Application for Exemption;
Pitt Ohio Express, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its denial of the application from Pitt Ohio
Express, LLC (Pitt Ohio) to exempt its drivers from one of the
requirements in the Agency's Safe Driver Apprenticeship Pilot (SDAP)
program. Pitt Ohio requests an exemption allowing it to use drivers
under the age 21, who hold a Commercial Learner's Permit (CLP) to
operate commercial motor vehicles (CMVs) in interstate commerce, to
participate in the SDAP program. FMCSA analyzed the application and
determined that there is insufficient basis to conclude that the
exemption would 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, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; FMCSA; (202) 366-2722; <a href="/cdn-cgi/l/email-protection#01736862696073652f626d646c646f756441656e752f666e77"><span class="__cf_email__" data-cfemail="63110a000b0211074d000f060e060d170623070c174d040c15">[email protected]</span></a>. If
you have questions on viewing or submitting material to the docket,
contact Dockets 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-2023-0057'' 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-2023-0057'' 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 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 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
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 Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulations
Under 49 CFR 391.11(b)(1) a person may not drive a (CMV) in
interstate commerce unless they are at least 21 years old, regardless
of whether operation of the CMV requires a commercial driver's license
(CDL). Additionally, for drivers under 21 operating CMVs requiring a
CLP or CDL, under 49 CFR 383.153(b)(2)(ix)(G), an intrastate only ``K''
restriction must appear on the individual's CLP or CDL.
Safe Driver Apprenticeship Pilot Program
The SDAP program allows registered motor carriers to use apprentice
drivers who are 18 to 20 years old under certain circumstances.
Apprentice drivers under the SDAP program must hold a CDL and complete
separate 120- and 280-hour probationary periods during their
apprenticeship with registered motor carriers. (87 FR 2477).
Applicant's Request
Pitt Ohio is a less-than-truckload regional carrier which operates
multiple straight trucks. The applicant seeks an exemption from the
requirement in the Agency's SDAP program that an apprentice hold a CDL
prior to enrolling in the program. Pitt Ohio requests the exemption to
allow it to use CLP holders in the SDAP Program. These CLP holders
would still need to meet all the remaining apprentice requirements, as
well as the existing regulatory requirements for CLP holders (e.g.,
presence of a valid CDL holder in the passenger seat). Pitt Ohio
estimates that 25 CLP holders would operate under the exemption each
year. The applicant believes the exemption would relieve them of
``difficulty locating and recruiting apprentice drivers into [the] SDAP
Program.''
Applicant's Method To Ensure an Equivalent or Greater Level of Safety
According to Pitt Ohio, CLP drivers operating under the exemption
would be as safe or safer than those currently allowed to operate under
the SDAP program. Pitt Ohio asserts that the CLP driver operating under
the exemption will be safer and more productive due to being trained
initially in a smaller CMV so the apprentice can learn and gain an
understanding of the industry with the same equipment and oversight
from an experienced and approved FMCSA trainer before graduating into
larger equipment for the post-CDL aspect of the SDAP program. Pitt Ohio
did not ask for any exemption to the level of safety required under the
current SDAP program and indicated that they would meet or exceed all
hours of training and technology on the CMVs the apprentice would
operate. Pitt Ohio would be voluntarily applying SDAP program
requirements to the pre-CDL portion of driver development and training,
and in addition would report all progress of the program as required
and any additional requirements that may be requested by FMCSA to meet
the exemption request.
[[Page 39681]]
IV. Public Comments
On February 23, 2023, FMCSA published notice of the Pitt Ohio
application and requested public comments (88 FR 11504). The Agency was
seeking comment on whether this exemption should be limited to Pitt
Ohio, or whether it should be drafted to apply to any SDAP program
participating motor carrier that is currently listed as a certified
training provider for purposes of the FMCSRs, or that enters into a
partnership with a certified training provider. On this question, one
individual responded, ``I am all for this plan, so long as you make the
training program universal for everyone.'' The Agency received a total
of 23 comments: 4 supporting the exemption request, 16 opposing it, and
the other 3 taking no position either for or against. Joint comments
filed by the Truck Safety Coalition, Citizens for Reliable and Safe
Highways (CRASH), and Parents Against Tired Truckers (PATT) stated
``Pitt-Ohio(sic) Express, LLC has not met the measure of evidence
required to prove an equivalent or greater level of safety in its
exemption application. They only request that FMCSA dilute the program
requirements in misplaced efforts to make it easier to attract under-21
drivers.'' Edward Richard opposed the application and stated ``allowing
them to put more immature drivers on the road is just wrong and
unsafe.'' AWM Associates, LLC also opposed, noting that ``until Pitt-
Ohio(sic) is an approved CDL training provider on the FMCSA's Training
Provider Registry (TPR) its petition must be denied.'' Those in support
commented that the Pitt Ohio request should be made universal for
everyone, that age should not matter, and that the Agency should use
great caution in implementing the exemption should it be granted.
V. FMCSA's Decision
FMCSA has evaluated Pitt Ohio's application and the filed comments
and finds that there is insufficient basis to conclude that the
exemption would likely achieve a level of safety equivalent to, or
greater than, the level achieved without the exemption. The SDAP's
purpose is to determine whether there are conditions where safety data
indicate younger drivers (18- to 20-year-olds) might be allowed to
operate CMVs. Congress authorized SDAP, opening the pilot to those 18-
to 20-year-olds who hold a CDL, not a CLP. In addition, granting the
Pitt Ohio exemption could potentially put young and inexperienced
drivers in a position of high responsibility, potentially exposing them
and surrounding drivers to crashes and incidents involving CMVs. The
Agency therefore believes that Pitt Ohio's prospective apprentice CLP
drivers should not be legally permitted to operate CMVs in interstate
commerce if less than 21 years of age.
For the above reasons, FMCSA denies Pitt Ohio's exemption
application.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-10077 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-EX-P
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