[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 80008-80009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22457]



[[Page 80008]]

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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 www.regulations.gov, 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 www.regulations.gov, 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

[[Page 80009]]

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 Regulations.gov.

(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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