Notice2024-22457
Entry-Level Driver Training: State of Alaska Application for Renewal of Exemption
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
October 1, 2024
Effective
December 30, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its final decision to renew the exemption granted to the State of Alaska from the limitations imposed by the commercial driver's license (CDL) regulations on the State's ability to issue restricted CDLs. The exemption renewal allows 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 renewed exemption are also exempt from the Entry-Level Driver Training (ELDT) regulations. FMCSA concludes that renewing the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 190 (Tuesday, October 1, 2024)</title>
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[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 80008-80009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22457]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0122]
Entry-Level Driver Training: State of Alaska Application for
Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; granting of renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew the exemption
granted to the State of Alaska from the limitations imposed by the
commercial driver's license (CDL) regulations on the State's ability to
issue restricted CDLs. The exemption renewal allows 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 renewed exemption are also
exempt from the Entry-Level Driver Training (ELDT) regulations. FMCSA
concludes that renewing the exemption, subject to the terms and
conditions set forth below, is likely to achieve a level of safety
equivalent to or greater than the level of safety that would be
achieved absent the exemption.
DATES: The exemption is effective for the period of December 30, 2024,
through December 30, 2029.
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#aee3edfefdeaeecac1da80c9c1d8"><span class="__cf_email__" data-cfemail="0b46485b584f4b6f647f256c647d">[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-2022-0122'' 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-2022-0122'' 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 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 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(s) 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 reasons 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 test requirements and issue restricted CDLs, which are valid
only within the State and are subject to certain conditions. To be
eligible for a restricted CDL under 49 CFR 383.3(e), drivers must
operate exclusively over roads that are not connected to the State
highway system and 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 1989 (54 FR 33230) and codified it in
the FMCSRs in 1996 (61 FR 9546). Relatedly, ELDT regulations set forth
in 49 CFR part 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
Alaska are exempt from the ELDT requirements.
Under the CDL regulations, before receiving a CDL from a State, a
driver must safely pass an on-road driving test. Requisite skills
include: the ability to adjust speed to various driving conditions (49
CFR 383.113(c)(3) and the ability to choose a safe gap when driving
around other vehicles (49 CFR 383.113(c)(4)).
IV. Application for Renewal of Exemption
The exemption renewal application was described in detail in a
Federal Register notice published on June 18, 2024 (89 FR 51592) and
will not be repeated here as the facts have not changed.
V. Public Comments
FMCSA requested public comments on the renewal application but
received none.
VI. FMCSA Safety Analysis and Agency Decision
FMCSA has evaluated Alaska's application for renewal of its
exemption. The current exemption was granted on December 28, 2022 (87
FR 79932), for the period December 28, 2022, through December 30, 2024.
The Agency has monitored the records of drivers who were issued CDLs
under this exemption and has found no deterioration of their safety
records. Based on its analysis, the Agency has decided to renew
Alaska's exemption request from 49 CFR 383.3(e)(2).
The Agency believes that granting a five-year renewal of the
exemption allowing Alaska to issue restricted CDLs, subject to the
terms and conditions set forth below, will maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption (49 CFR 381.305(a)). The exemption applies only
to CDL applicants who reside in one of the named remote geographical
areas identified below and who operate only
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within those defined areas. In addition, the State may waive only
specified elements of the skills test affected by the lack of
infrastructure in the identified communities. Individuals applying for
a restricted CDL covered by this exemption are exempt from ELDT in
accordance with 49 CFR 380.603(a)(2).
VII. Exemption Decision
A. Applicability of Exemption
FMCSA grants Alaska a renewal of an exemption from 49 CFR
383.3(e)(2) for a period of five years subject to the terms and
conditions of this decision. Alaska may issue CDLs under this exemption
only to drivers who reside in the following communities or areas: \1\
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\1\ The locales were identified by the State of Alaska's
Department of Administration, Division of Motor Vehicles (DMV) and
independently verified by FMCSA as lacking the infrastructure for
CDL applicants to perform the skills required by 49 CFR
383.113(c)(3) and (c)(4). FMCSA notes that the DMV initially
identified 15 affected locales, but FMCSA determined that one of the
15 communities operates on major connected thoroughfares and the
distances involved are not dissimilar to that experienced by many
rural communities in the western United States. The DMV's letter
identifying the affected areas is available in the docket of this
Notice and can be accessed at <a href="http://Regulations.gov">Regulations.gov</a>.
(1) Bethel--within the local Bethel community road network
(2) Prince of Wales Island
(3) Haines--within the Haines community, and along the Haines Highway
corridor, ending at the Canadian Border
(4) Ketchikan--within the Ketchikan community and the airport area on
the neighboring Annette Island
(5) King Salmon--within the local King Salmon community road network
(6) Kodiak Island
(7) Kotzebue--within the local Kotzebue community road network
(8) Nome--within the local Nome community road network
(9) Mitkof Island (Petersburg)
(10) Sitka--within the local Sitka community road network
(11) Skagway--within the Skagway community and along the Klondike
Highway corridor, ending at the Canadian Border
(12) Unalaska Island
(13) Utqiavik--within the Utqiavik community road network
(14) Wrangell Island
B. Terms and Conditions
Alaska and drivers operating under this exemption are subject to
the following terms and conditions:
(1) Alaska must comply with 49 CFR 383.133(b) and 383.135(a) of the
knowledge test standards for testing procedures and methods set forth
in 49 CFR part 383, subpart H, and must continue to administer
knowledge tests that fulfill the content requirements of subpart G.
(2) Alaska may waive only the following portions of the CDL skills
test, as set forth in 49 CFR 383.113(c), that cannot be performed due
to infrastructure limitations in the identified communities or areas:
<bullet> ability to adjust speed to the configuration and condition
of the roadway, weather and visibility conditions, traffic conditions,
and motor vehicle, cargo, and driver conditions (Sec. 383.113(c)(3));
and
<bullet> ability to choose a safe gap for changing lanes, passing
other vehicles, as well as for crossing or entering traffic (Sec.
383.113(c)(4));
(3) Drivers applying for a CDL to be issued under this exemption
must reside in one of the 14 geographic areas identified in Section
VII.A of this Notice;
(4) Drivers issued a restricted CDL under this exemption may
operate only within the 14 geographic areas identified in Section VII.A
of this Notice; and
(5) Drivers must comply with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR parts 350-399).
(6) Alaska must include notice on a restricted CDL issued pursuant
to this exemption of the geographic area(s) in which the CDL holder may
operate a CMV.
C. 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 person operating under the
exemption.
D. Notification to FMCSA
Alaska must provide to FMCSA, upon request, a list of all drivers
issued CDLs under this exemption.
E. Termination
FMCSA does not believe that drivers covered by this exemption will
experience any deterioration of their safety records. The Agency will,
however, rescind the exemption if: (1) Alaska or drivers operating
under the exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption results 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 objective of 49
U.S.C. 31136(e) and 31315(b).
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-22457 Filed 9-30-24; 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.