Notice2024-16692
Commercial Driver's License: Covenant Transport Inc. and Landair Transport Inc. Jointly d/b/a Covenant Logistics; Application for Exemption
Primary source
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Published
July 30, 2024
Effective
July 30, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant Covenant Transport Inc. and Landair Transport Inc., jointly doing business as Covenant Logistics, an exemption from the requirement for a commercial learner's permit (CLP) holder, while operating a commercial motor vehicle (CMV), to be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements seated in the front seat of the CMV. The exemption allows a CLP holder, who has passed the skills test but not yet received their CDL document, to drive a Covenant Logistics' CMV while accompanied by a CDL holder who is not in the passenger seat, provided the driver has documentation of passing the skills test. FMCSA has analyzed the exemption application and public comments and determined that the exemption, subject to the terms and conditions imposed, will maintain 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 146 (Tuesday, July 30, 2024)</title>
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[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61225-61227]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16692]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0063]
Commercial Driver's License: Covenant Transport Inc. and Landair
Transport Inc. Jointly d/b/a Covenant Logistics; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant Covenant Transport Inc.
and Landair Transport Inc., jointly doing business as Covenant
Logistics, an exemption from the requirement for a commercial learner's
permit (CLP) holder, while operating a commercial motor vehicle (CMV),
to be accompanied by a commercial driver's license (CDL) holder with
the proper CDL class and endorsements seated in the front seat of the
CMV. The exemption allows a CLP holder, who has passed the skills test
but not yet received their CDL document, to drive a Covenant Logistics'
CMV while accompanied by a CDL holder who is not in the passenger seat,
provided the driver has documentation of passing the skills test. FMCSA
has analyzed the exemption application and public comments and
determined that the exemption, subject to the terms and conditions
imposed, will maintain a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.
DATES: The exemption is effective July 30, 2024 through July 30, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-4225; or <a href="/cdn-cgi/l/email-protection#dbabbebaa9b7b2bef5a9b4b9b2b5a8b4b59bbfb4aff5bcb4ad"><span class="__cf_email__" data-cfemail="12627773607e7b773c607d707b7c617d7c52767d663c757d64">[email protected]</span></a>.
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations 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-2024-0063'' 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.''
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-2024-0063'' in the search box, click ``Search,'' and choose the
document to review.
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(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 the applicant's safety analysis. 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 maintain 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
[[Page 61226]]
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
FMCSA's CDL regulations establish minimum requirements for a CLP to
be considered a valid CDL during behind-the-wheel training of a CLP
holder on public roads or highways. Under 49 CFR 383.25(a)(1), a CLP
holder, when operating a CMV, must be accompanied by a CDL holder with
the proper CDL class and endorsements necessary to operate the CMV.
Also at all times, the CDL holder must be physically present in the
front seat of the CMV next to the CLP holder or, in a passenger
vehicle, directly behind or in the front row behind the driver and must
have the CLP holder under observation and direct supervision.
Applicant's Request
Covenant Transport Inc. and Landair Transport Inc., jointly doing
business as Covenant Logistics, requested an exemption from 49 CFR
383.25(a)(1) to allow CLP holders who have successfully passed a CDL
skills test and are thus eligible to receive a CDL, to drive a CMV
without a CDL holder present in the front passenger seat. This
exemption allows Covenant Logistics to employ a driver to transport
freight immediately after the driver passes their CDL skills test and
while their CDL documentation is being processed by their State of
domicile. The applicant requests relief from the provision of 49 CFR
383.25(a)(1) for two years.
IV. Method to Ensure an Equivalent or Greater Level of Safety
Covenant Logistics asserts that the exemption will result in a
level of safety that is greater than the level of safety without the
exemption. Covenant states that a CLP holder affected by this exemption
will have already completed all the necessary steps to qualify for a
CDL, including passing the CDL skills test with the remaining
requirement being the administrative function of obtaining the actual
CDL from their home State Driver's Licensing Agency (SDLA). By granting
the exemption, CLP holders who have passed a CDL skills test can begin
immediate and productive on-the-job training. According to Covenant,
this will allow CLP holders to improve their recently acquired driving
skill set and put them to work immediately at an income that meets or
exceeds industry standards. Covenant Logistics said that under the
proposed exemption it would ensure that a CDL driver remains in the CMV
while the CLP holder is driving, but not necessarily in the front
passenger seat.
V. Public Comments
On May 23, 2024, FMCSA published notice of Covenant Logistics'
application for exemption and requested public comment (89 FR 45732).
On May 30, 2024, the Agency published a correction of that notice of
two errors regarding the approximate number of drivers hired and the
number of drivers covered by the proposed exemption (89 FR 46987). The
Agency received a total of 27 comments; two comments were in favor of
granting the exemption and the remaining 25 comments opposed granting
the exemption. The 25 opposing comments included: a submission by the
Owner-Operator Independent Driver's Association (OOIDA): joint comments
filed by the Truck Safety Coalition (TSC), Citizens for Reliable and
Safe Highways, and Parents Against Tired Truckers; and comments from
individuals.
OOIDA wrote, ``The regulations requiring an experienced driver in
the front seat with a permit holder were implemented with safety in
mind. Because Covenant has not sufficiently demonstrated that this
exemption would achieve a level of safety equivalent or greater than
the safety level under the current regulations, a waiver should not be
granted.''
TSC said, ``Requiring CLP holders to receive physically direct CDL
holder supervision and observation reduces the likelihood that mistakes
will occur in the first place. TSC calls on FMCSA to demonstrate its
unwavering commitment to safety and to deny this inadequately justified
exemption application for renewal.''
Laurel Tucker, an individual opposing the exemption commented,
``Please don't allow truck-driver trainees to drive without licensed
drivers in the seat next to them. Our highways are already much more
hazardous than they've been in the past several decades.''
Dwight Harvey, another individual opposing the exemption wrote, ``I
do not agree with allowing individuals with a training permit to drive
commercial vehicles alone. This is a safety concern.''
The two commenters supporting the proposed exemption were submitted
by the American Trucking Associations (ATA) and AWM Associates, LLC
(AWM).
ATA stated, ``ATA supports Covenant Logistics' exemption request
allowing the company to employ drivers to transport freight immediately
after the driver passes their CDL skills test and while their CDL
documentation is being processed by their state of domicile--
eliminating situations in which Covenant must send newly credentialed
drivers home in an unproductive, non-driving capacity or delays in
driver productivity due to long waiting periods for drivers to receive
their CDL documentation.''
AWM wrote, ``The FMCSA has exemptions in place for Werner, CR
England, [Wilson] Logistics New PRIME, CRST, and Steven's Transport
allowing thousands of drivers to use their CLP to drive after passing
their skills tests.'' The commentor continued their argument, implying
a need to change Part 383 to promote equality and stated, ``Regulations
are designed to level the field, not allow special consideration to on
over the other. It's time the FMCSA modified Part 383 to deal with the
reality that they're not treating all concerned equally.''
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated Covenant Logistics' application for an
exemption and the public comments and believes Covenant Logistics will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption. The premise of comments
opposing the exemption is that CLP holders lack experience and are
safer drivers when directly observed by a CDL holder who is on duty and
in the front seat of the vehicle. However, CLP holders who have passed
the CDL skills test are eligible to obtain a CDL without further
training. If these CLP holders had obtained their training and CLPs in
their State of domicile, they could immediately obtain their CDL at the
in-State SDLA and begin driving a CMV without any on-board supervision.
Because these drivers have passed the CDL skills test, the only
necessary step to obtain the CDL is to visit the SDLA in their State of
domicile. Furthermore, the CDL holder will be in the CMV while the CLP
holder is operating the CMV.
In addition, as recently as December 2022, FMCSA granted this same
exemption to Stevens Transport, Inc. (87 FR 79931), and has granted
five-year renewals for the following five motor carriers: CRST The
Transportation Solution, C.R. England, Inc.; New Prime, Inc.; Werner
Enterprises; and Wilson
[[Page 61227]]
Logistics [87 FR 79931; 88 FR 52241; 87 FR 36360; 87 FR 38449; 87 FR
18855; 86 FR 11050]. To date, the Agency does not have record of any of
the companies operating under the 49 CFR 383.25(a)(1) exemption
experiencing any deterioration of their safety records or involvement
in crashes.
The requested exemption is restricted to Covenant Logistics' CLP
holders who have documentation that they have passed the CDL skills
test. The exemption will enable these drivers to operate a CMV as a
team driver without the accompanying CDL holder to be in the front
seat.
VII. Terms and Conditions
When operating under this exemption, Covenant Logistics and its
drivers are subject to the following terms and conditions:
(1) Covenant Logistics and its drivers must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR parts 350-
399);
(2) The drivers must be in possession of a valid State driver's
license, a CLP with the required endorsements, and documentation from
the testing State that they have passed the CDL skills test;
(3) A CDL holder with the proper CDL class and endorsements must be
in the operated CMV;
(4) The drivers must not be subject to any out-of-service order or
suspension of driving privileges; and
(5) The drivers must be able to provide this exemption document to
enforcement officials.
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
Notification to FMCSA
Covenant Logistics must notify FMCSA within 5 business days of any
accident (as defined in 49 CFR 390.5) involving any of its drivers
operating under the terms of this exemption. The notification must
include the following information:
(a) Name of the exemption: ``Covenant Logistics''
(b) Date of the accident
(c) City or town, and State, in which the accident occurred, or closest
to the accident scene
(d) Driver's name and license number
(e) Vehicle number and State license number
(f) Number of individuals suffering physical injury
(g) Number of fatalities
(h) The police-reported cause of the accident
(i) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations
(j) The driver's total driving time and total on-duty time prior to the
accident.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#3b76786b687f7b7f746f157c746d"><span class="__cf_email__" data-cfemail="75383625263135313a215b323a23">[email protected]</span></a>.
Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety records. The exemption
will be rescinded if: (1) Covenant Logistics and drivers operating
under the exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315(b). FMCSA further reserves the right to
terminate this exemption in the event it is no longer necessary due to
revised regulatory requirements.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-16692 Filed 7-29-24; 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.