Notice2024-13325
Entry-Level Driver Training: Application for Exemption; State of Alaska
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
June 18, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that it has received an application from the State of Alaska for a renewal of its exemption from the limitations imposed by the commercial driver's license (CDL) regulations on the State's ability to issue restricted CDLs. The exemption renewal would allow the State to waive specified portions of the CDL skills test for drivers who reside and operate in 14 defined geographic areas that lack the infrastructure to allow completion of the full skills test. Drivers who receive a restricted CDL under the provisions of the current exemption would also be exempt from the Entry-Level Driver Training (ELDT) regulations. The State of Alaska currently holds an exemption for the period December 28, 2022, through December 30, 2024, and requests a five-year renewal of the exemption. FMCSA requests public comment on Alaska's request for exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51592-51594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13325]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0122]
Entry-Level Driver Training: Application for Exemption; State of
Alaska
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces that it has received an application from the
State of Alaska for a renewal of its exemption from the limitations
imposed by the commercial driver's license (CDL) regulations on the
State's ability to issue restricted CDLs. The exemption renewal would
allow the State to waive specified portions of the CDL skills test for
drivers who reside and operate in 14 defined geographic areas that lack
the infrastructure to allow completion of the full skills test. Drivers
who receive a restricted CDL under the provisions of the current
exemption would also be exempt from the Entry-Level Driver Training
(ELDT) regulations. The State of Alaska currently holds an exemption
for the period December 28, 2022, through December 30, 2024, and
requests a five-year renewal of the exemption. FMCSA requests public
comment on Alaska's request for exemption.
DATES: Comments must be received on or before July 18, 2024.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2022-0122 using 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,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2022-0122). 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 on the ground level of
the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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, 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
[[Page 51593]]
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. The comments are posted without
edit and are searchable by the name of the submitter.
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#1c6e757f747d6e78327f707971797268795c787368327b736a"><span class="__cf_email__" data-cfemail="cbb9a2a8a3aab9afe5a8a7aea6aea5bfae8bafa4bfe5aca4bd">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Services, 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-2022-0122), indicate the specific section of this
document to which the comment applies, and provide a reason for your
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. 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-2022-0122'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment''
button and type your comment into the text box in 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 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 safety analyses submitted by the applicant. 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 Regulatory Requirements
Under 49 CFR 383.3(e), Alaska may waive certain knowledge and
skills tests requirements and issue restricted CDLs. These restricted
CDLs are valid only within the State and are subject to certain
conditions. To be eligible for a restricted CDL, 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 (49 CFR 383.3(e)(2)). The
Federal Highway Administration, FMCSA's predecessor agency, set the
daily traffic volume limit at 499 in its grant of a request for a
waiver in 1989 (54 FR 33230) and codified it in the FMCSRs in 1996 (61
FR 9546). Relatedly, the ELDT regulations set forth in 49 CFR 380,
subparts F and G, establish minimum training standards for individuals
applying for certain CDLs and define curriculum standards for theory
and behind-the-wheel 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.
Under the CDL regulations, before receiving a CDL from a State, a
driver must pass a safe on-road driving test. Requisite skills include:
the ability to adjust speed to various driving conditions (49 CFR
383.113(c)(4); and the ability to choose a safe gap when driving around
other vehicles (49 CFR 383.113(c)(4)).
IV. Request for Exemption Renewal
On July 6, 2022, the Agency published a notice seeking comment on
Alaska's request for an exemption from the portion of the ELDT
curriculum that requires a Class A CDL applicant 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 (87 FR 40334). The
application stated that compelling the State to comply with these
requirements would ``have devastating impacts on rural Alaska's
movement of produce, prescriptions, people, and other goods.''
According to the application, parts of rural Alaska do not fit the
requirements for the restricted CDL in 49 CFR 383.3(e), since they
contain roads with an average daily traffic volume that is greater than
499.
On December 28, 2022, after analyzing the application and public
comments, the Agency published its decision (87 FR 79932). FMCSA opted
not to grant the exemption from the ELDT curriculum in 49 CFR part 380,
appendix A, section A3.1, as requested by the State, stating that under
the requested exemption drivers, who had not received the full ELDT
curriculum, would be eligible for CDLs that were unrestricted and valid
outside of Alaska. Instead, FMCSA granted Alaska a two-year exemption
from some of the conditions required under 49 CFR 383.3(e) for the
issuance of a restricted CDL. The exemption allows the State to waive
the portions of the CDL skills test enumerated in 49 CFR 383.113(c)(3)
and (4) for drivers who reside in one of 14 defined geographic areas.
These areas lack the infrastructure to allow completion of the full
skills test. Drivers who receive a restricted CDL under the provisions
of the exemption under this exemption may not operate outside of the 14
defined geographic areas. Also, under 49 CFR 380.603(a)(2), these
drivers are not subject to the ELDT regulations. FMCSA concluded that
granting the exemption, subject to the stated terms and conditions, was
likely to achieve a level of safety equivalent to, or greater than, the
level of safety that would be achieved absent the exemption.
[[Page 51594]]
Application for Renewal of Exemption
Citing the same reasons as the initial request, the State of Alaska
has applied for a renewal of the current exemption for a period of five
years.
V. Applicant's Method To Ensure an Equivalent or Greater Level of
Safety
The applicant states that its commitment to safety remains
unchanged and adds that it is not aware of any decline in safety during
the current exemption. As required of the terms and conditions, the
applicant provided to FMCSA a list of drivers that were issued a CDL
under this exemption. The drivers' safety records as well as the
comments received to this notice will be reviewed and analyzed by the
Agency. A copy of the State of Alaska's application for renewal of its
exemption is available for review 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 the State of Alaska's
application for an extension of an exemption from some of the
conditions required for the issuance of a restricted CDL. 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 also 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. 2024-13325 Filed 6-17-24; 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.