11050 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

As of January 15, 2021, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Brian Porter (PA); and Michael W. 

Thomas (KS) 

The drivers were included in docket 

number FMCSA–2006–25854 and 

FMCSA–2010–0203. Their exemptions 

were applicable as of January 15, 2021, 

and will expire on January 15, 2023. 

In accordance with 49 U.S.C. 

31315(b), each exemption will be valid 

for 2 years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–03698 Filed 2–22–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2019–0174] 

Commercial Driver’s License 

Standards: Wilson Logistics 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant Wilson Logistics an 

exemption from the regulation that 

requires a commercial learner’s permit 

(CLP) holder operating a commercial 

moto vehicle (CMV) to be accompanied 

by a commercial driver’s license (CDL) 

holder with the proper CDL class and 

endorsements, in the passenger seat. 

Wilson Logistics requested an 

exemption to allow CLP holders who 

have passed the CDL skills test, but have 

not yet obtained the CDL document 

from their State of domicile, to drive a 

CMV without having a CDL holder in 

the passenger seat. FMCSA has analyzed 

the exemption application and the 

public comments and has determined 

that the exemption, subject to the terms 

and conditions imposed, will likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption. 

DATES: This exemption is effective 

February 23, 2021 and expires February 

23, 2026. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA; Telephone: (202) 366–4225. 

Email: MCPSD@dot.gov. 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, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

www.regulations.gov and insert the 

docket number, FMCSA–2019–0174, in 

the ‘‘Keyword’’ box, and click ‘‘Search.’’ 

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

internet, you may view the docket in 

person by visiting the Dockets 

Operations in Room W12–140 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., e.t., 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 certain parts of the 

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. Request for Exemption 

The Agency’s commercial driver’s 

license (CDL) regulations in 49 CFR 

383.25(a)(1) require that a commercial 

learner’s permit (CLP) holder always be 

accompanied by the holder of a valid 

CDL who has the proper CDL group and 

endorsement(s) necessary to operate the 

commercial motor vehicle (CMV). The 

CDL holder must be physically present 

in the front seat of the vehicle next to 

the CLP holder or, in the case of a 

passenger vehicle, directly behind or in 

the first row behind the driver and must 

have the CLP holder under observation 

and direct supervision. 

Wilson Logistics is a nationwide 

motor carrier with a fleet of over 700 

CMVs seeking an exemption from 49 

CFR 383.25(a)(1) under which a CDL 

holder would remain in the vehicle— 

but not in the front seat—while a CLP 

holder who has passed the CDL skills 

test is driving. The carrier believes this 

would allow the CLP holder to 

participate more independently in a 

revenue-generating trip to obtain the 

CDL document from the State of 

domicile. Wilson Logistics advised that, 

if granted, 400–500 CLP holders would 

operate under the terms of the 

exemption each year. 

Wilson Logistics states that 49 CFR 

383.25(a)(1) creates undue burdens on 

the company and its CLP holders. The 

carrier noted that, previously: 

It was not uncommon for States to issue 

temporary CDLs to CLP holders for the return 

trip to collect the CDL document from their 

State of domicile. During that time, CDL 

holders were neither required to log 

themselves ‘on duty’ when supervising the 

CLP holder who had a temporary CDL, nor 

did they always remain in the passenger seat 

of the CMV. Under that scenario, the 

productivity of the CMV, the earnings 

capacity of the CDL and CLP holders, and the 

logistics of the motor carrier’s freight network 

were all protected. Currently carriers must 

assign a second CDL holder to the vehicle to 

accomplish the on-duty work that was 

previously performed by the CLP holder who 

had a temporary CDL. 

Wilson Logistics contends that 

compliance with the CDL rule leaves it 

with the following two options: (1) 

Secure some mode of public 

transportation from the State of training 

to the State of domicile to allow the CLP 

holder to pick up his/her CDL document 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 11051 

before returning to Wilson Logistics; or 

(2) route the team of drivers directly to 

the CLP holder’s State of domicile, often 

against the natural flow of the freight 

network. Securing public transportation 

for each of the CLP holders under the 

first option entails extreme cost burdens 

to the company; and the second option, 

according to Wilson Logistics, 

introduces extreme cost inefficiencies. 

The exemption sought would apply 

only to those Wilson Logistics drivers 

who have passed the CDL skills test and 

hold valid CLPs. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

Wilson Logistics has a companysponsored, hands on, on-the-job training 

program in which CLP holders will 

spend at least two or three weeks 

driving over-the-road with a CDL 

instructor in the passenger seat, and the 

instructor will supervise all driving and 

non-driving aspects of the job, including 

backing and vehicle inspections. Its CLP 

holders deliver actual loads to real 

customers on the Nation’s highways in 

all manner of weather and traffic 

conditions. They are trained on the 

obstacles of the job well in advance of 

taking their CDL skills test, and this 

type of training far better prepares the 

employees for every part of the job. 

If not allowed to run as a team, 

because the training instructor must sit 

in the passenger seat until the CLP 

holder can obtain the CDL document, 

then the truck can only ‘‘perform’’ at the 

level of a solo driver. In all aspects of 

their training program, Wilson Logistics 

ensures that its drivers are held to a 

higher standard and can therefore 

achieve a level of safety equal to or 

greater than the level of a typical new 

CDL holder. The company does and will 

provide the required training and 

recordkeeping to ensure that the 

equivalent-level-of-safety standard is 

upheld. 

V. Public Comments 

On November 6, 2019, FMCSA 

published notice of the Wilson Logistics 

application for exemption and requested 

public comment [84 FR 59761]. A total 

of 59 comments were filed, one from the 

Truckload Carriers Association (TCA) 

and 58 from individuals. Six 

commenters, including TCA, favor 

granting the exemption request. TCA 

noted that the Agency had already 

granted a similar exemption to C.R. 

England. TCA added that the regulation 

creates an undue burden by restricting 

qualified drivers from piloting a CMV 

simply because they do not yet have a 

physical copy of their CDL, despite 

having passed all necessary written 

exams and skills tests. TCA reiterated 

that the drivers covered by this 

exemption would have in their 

possession proof of having passed the 

skills test while on the road; if they had 

taken the skills test in their State of 

domicile, they would already have 

obtained their CDL license document. 

TCA stated that FMCSA should allow 

these drivers the flexibility to operate a 

CMV with a CDL holder present in the 

vehicle but not in the passenger seat 

while they are traveling to the CLP 

holder’s State of domicile to obtain that 

licensing document. Fifty-three 

individuals opposed the Wilson 

Logistics request. One stated that 

‘‘Wilson Logistics is just looking to 

profit [from] this and seems not to care 

about the possible consequences of 

having a very inexperienced driver at 

the wheel while the trainer is asleep in 

the sleeper.’’ Other opponents said that 

the Wilson Logistics request does not 

meet a level of safety equivalent to the 

current regulations, and that it is 

primarily a profit-incentivized request. 

VI. FMCSA Decision and Safety 

Analysis 

FMCSA has evaluated Wilson 

Logistics’ application for exemption and 

the public comments. The Agency is not 

aware of data or information that would 

suggest that Wilson Logistics’ has lapses 

in its safety management controls, 

especially those involving its 

supervision of CMV drivers. Because the 

exemption is restricted to Wilson 

Logistics’ CLP holders who have 

documentation that they have passed 

the CDL skills test and could operate the 

CMV at any time upon receipt of the 

CDL document from the State of 

domicile, the Agency believes the 

exemption will achieve 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 will enable these drivers to 

operate a CMV as a team driver without 

requiring that the accompanying CDL 

holder be on duty and in the front seat 

while the vehicle is moving. Because 

these drivers have already met all the 

requirements for a CDL, but have yet to 

pick up the CDL document from their 

State of domicile, their safety 

performance is expected to be the same 

as any other newly-credentialed CDL 

holder. 

FMCSA has previously granted 

similar exemptions to C.R. England— 

initially in 2015, renewed in 2017 [82 

FR 48889, October 20, 2017]—and to 

CRST—initially in 2016, and 

subsequently renewed in 2018 [83 FR 

53149, October 19, 2018]. 

A copy of Wilson Logistics’ 

application for exemption is available 

for review in the docket for this notice. 

VII. Terms and Conditions of the 

Exemption 

Extent of the Exemption 

The exemption from 49 CFR 

383.25(a)(1) will allow Wilson Logistics 

drivers who hold a CLP and have 

successfully passed a CDL skills test, to 

drive a CMV without a CDL holder 

being present in the front seat of the 

vehicle. The CDL holder must remain in 

the vehicle, but not in the front seat, at 

all times while the CLP holder is 

driving. The exemption is contingent 

upon Wilson Logistics maintaining 

USDOT registration, minimum levels of 

public liability insurance, and not being 

subject to any ‘‘imminent hazard’’ or 

other out-of-service (OOS) order issued 

by FMCSA. Each driver covered by the 

exemption must maintain a valid 

driver’s license and CLP with the 

required endorsements, have in his or 

her possession documentation that he or 

she has passed the CDL skills test, not 

be subject to any OOS order or 

suspension of driving privileges, and 

meet all physical qualifications required 

by 49 CFR part 391. 

Preemption 

During the period this exemption is in 

effect no State may enforce any law or 

regulation that conflicts with or is 

inconsistent with the exemption with 

respect to a person or entity operating 

under the exemption (49 U.S.C. 

31315(d)). 

Notification to FMCSA 

Wilson Logistics must notify FMCSA 

within 5 business days of any accidents 

(as defined by 49 CFR 390.5) involving 

the operation of any of its CMVs while 

utilizing this exemption. The 

notification must include the following 

information: 

(a) Date of the accident; 

(b) City or town, and State, in which 

the accident occurred, or which is 

closest to the scene of the accident; 

(c) Driver’s name and license number; 

(d) Vehicle number and State license 

number; 

(e) Number of individuals suffering 

physical injury; 

(f) Number of fatalities; 

(g) The police-reported cause of the 

accident; 

(h) Whether the driver was cited for 

violation of any traffic laws, or motor 

carrier safety regulations; and 

(k) The driver’s total driving time and 

the total on-duty time of the CMV driver 

at the time of the accident. 

11052 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

Reports filed under this provision 

shall be emailed to MCPSD@dot.gov. 

VIII. Termination 

The FMCSA does not believe the team 

drivers covered by the exemption will 

experience any deterioration of their 

safety record. However, should this 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation of the exemption. 

The FMCSA will immediately revoke 

the exemption for failure to comply 

with its terms and conditions. 

John W. Van Steenburg, 

Assistant Administrator. 

[FR Doc. 2021–03685 Filed 2–22–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2020–0159; Notice No. 

2021–01] 

Hazardous Materials: Information 

Collection Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

PHMSA invites comments on three 

information collections pertaining to 

hazardous materials transportation for 

which PHMSA intends to request 

renewal from the Office of Management 

and Budget. 

DATES: Interested persons are invited to 

submit comments on or before April 26, 

2021. 

ADDRESSES: You may submit comments 

identified by the Docket Number 

PHMSA–2020–0159 (Notice No. 2021– 

01) by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 

West Building, Ground Floor, Room 

W12–140, Routing Symbol M–30, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

• Hand Delivery: To the Docket 

Management System; Room W12–140 

on the ground floor of the West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the agency name and Docket 

Number (PHMSA–2020–0159) for this 

notice at the beginning of the comment. 

To avoid duplication, please use only 

one of these four methods. All 

comments received will be posted 

without change to the Federal Docket 

Management System (FDMS) and will 

include any personal information you 

provide. 

Requests for a copy of an information 

collection should be directed to Steven 

Andrews or Shelby Geller, Standards 

and Rulemaking Division, (202) 366– 

8553, Pipeline and Hazardous Materials 

Safety Administration, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http://

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to this notice contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

notice, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission containing CBI as 

‘‘PROPIN.’’ PHMSA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

notice. Submissions containing CBI 

should be sent to Steven Andrews or 

Shelby Geller, Standards and 

Rulemaking Division and addressed to 

the Pipeline and Hazardous Materials 

Safety Administration, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001 or to steven.andrews@dot.gov. Any 

commentary that PHMSA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this notice. 

FOR FURTHER INFORMATION CONTACT: 

Steven Andrews or Shelby Geller, 

Standards and Rulemaking Division, 

(202) 366–8553, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

SUPPLEMENTARY INFORMATION: Section 

1320.8(d), title 5, Code of Federal 

Regulations (CFR) requires PHMSA to 

provide interested members of the 

public and affected agencies an 

opportunity to comment on information 

collection and recordkeeping requests. 

This notice identifies information 

collection requests that PHMSA will be 

submitting to the Office of Management 

and Budget (OMB) for renewal and 

extension. These information 

collections are contained in 49 CFR 

171.6 of the Hazardous Materials 

Regulations (HMR; 49 CFR parts 171– 

180). PHMSA has revised burden 

estimates, where appropriate, to reflect 

current reporting levels or adjustments 

based on changes in proposed or final 

rules published since the information 

collections were last approved. The 

following information is provided for 

each information collection: (1) Title of 

the information collection, including 

former title if a change is being made; 

(2) OMB control number; (3) summary 

of the information collection activity; (4) 

description of affected public; (5) 

estimate of total annual reporting and 

recordkeeping burden; and (6) 

frequency of collection. PHMSA will 

request a 3-year term of approval for 

each information collection activity and 

will publish a notice in the Federal 

Register upon OMB’s approval. 

PHMSA requests comments on the 

following information collections: 

Title: Cargo Tank Specification 

Requirements. 

OMB Control Number: 2137–0014. 

Summary: This information collection 

consolidates and describes the 

information collection provisions in 

parts 107, 178, and 180 of the HMR 

involving the manufacture, 

qualification, maintenance, and use of 

specification cargo tank motor vehicles. 

It also includes the information 

collection and recordkeeping 

requirements for persons who are 

engaged in the manufacture, assembly, 

requalification, and maintenance of 

DOT specification cargo tank motor 

vehicles. The types of information 

collected include: 

(1) Registration Statements: Cargo 

tank manufacturers and repairers, as 

well as cargo tank motor vehicle 

assemblers, are required to be registered 

with DOT and must furnish information