Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18855 

clearance to establish the state of the 

practice, to aid in the identification of 

research gaps, and to support 

implementation of documentation to 

harmonize practices nationally. 

Respondents: Approximately 410 

participants, which would allow for up 

2 participants from each of the 50 State 

Departments of Transportation (DOT), 

plus the District of Columbia and Puerto 

Rico, and up to 4 responses from within 

the top 75 metropolitan areas. 

Frequency: One-time collection. 

Estimated Average Burden per 

Response: Approximately 15 minutes. 

Estimated Total Annual Burden 

Hours: Approximately 103 hours for a 

one-time collection. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Ways for the FHWA to enhance the 

quality, usefulness, and clarity of the 

collected information; and (2) ways that 

the burden could be minimized, without 

reducing the quality of the collected 

information. The agency will summarize 

and/or include your comments in the 

request for OMB’s clearance of this 

information collection. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. Chapter 35, as 

amended; and 49 CFR 1.48. 

Issued on: March 25, 2022. 

Michael Howell, 

Information Collection Officer. 

[FR Doc. 2022–06749 Filed 3–30–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0118] 

Commercial Driver’s License 

Standards: Application for Exemption; 

Werner Enterprises, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant Werner Enterprises, 

Inc. (Werner) an exemption from the 

regulation that requires a commercial 

learner’s permit (CLP) holder operating 

a commercial motor vehicle (CMV) to be 

accompanied by a commercial driver’s 

license (CDL) holder with the proper 

CDL class and endorsements, in the 

passenger seat. Werner 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 

March 31, 2022 and expires March 31, 

2027. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202) 366–4225; MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Document 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2021–0118’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

If you do not have access to the 

internet, you may view the docket 

online by visiting 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., 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 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. 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. Background 

Current Regulation Requirements 

Under 49 CFR 383.25(a)(1) a CLP 

holder must always be accompanied by 

the holder of a valid CDL who has the 

proper CDL group and endorsement(s) 

necessary to operate the CMV. The CDL 

holder must always be physically 

present in the front seat of the vehicle 

next to the CLP holder while operating 

a CMV on public roads or highways and 

must have the CLP holder under 

observation and direct supervision 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. 

Applicant’s Request 

Werner requests the exemption to 

allow CLP holders who have 

successfully passed a CDL skills test and 

are thus eligible to receive a CDL, be 

allowed to drive without having a CDL 

holder seated beside them in the 

vehicle. Werner, however, indicates in 

their exemption request that the CDL 

holder will remain in the vehicle at all 

times while the CLP holder is driving— 

just not in the front seat. Werner 

contends that an exemption from this 

regulation will benefit Werner and the 

trucking industry in three ways: 

Improving efficiency of freight 

operations by maximizing driver 

employment during an historic driver 

shortage; creating immediate 

employment and compensation 

opportunities to qualified drivers; and 

improving the overall safety of the new 

driver experience. Werner believes it 

will face a significant burden in all three 

areas if this exemption is not granted. 

Werner asserts that 49 CFR 

383.25(a)(1) has created a significant 

burden on its operations. Prior to the 

implementation of the regulation, a new 

driver’s State of domicile issued 

temporary CDLs to drivers who passed 

the CDL skills test. The temporary CDL 

made it possible for Werner to place the 

new driver as ‘‘on duty’’ and route him 


jspears on DSK121TN23PROD with NOTICES1
18856 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 

or her to the State of domicile to obtain 

a CDL without entering a second driver 

into an ‘‘on duty’’ status, thus allowing 

productive freight movement for Werner 

and compensation for the new driver. 

IV. Equivalent Level of Safety 

Werner believes that applying the 

exemption only to drivers who have 

passed the CDL skills test, hold a CLP, 

and operate the CMV under supervision 

of a CDL holder who is somewhere in 

the vehicle, will ensure an equivalent 

level of safety. Werner believes that 

there is no difference between the CLP 

holders who have passed the CDL skills 

test and other truck drivers on the road. 

In fact, Werner notes that by allowing a 

CLP holder who has passed the CDL 

skills test out of State to drive en route 

to their State of domicile with a CDL 

holder present in the vehicle, safety will 

be improved over current regulations, 

which allow a new CDL holder to drive 

unsupervised immediately after 

receiving his or her CDL documentation. 

Werner will ensure this level of safety 

by maintaining proper, up-to-date 

records for all drivers in possession of 

a CLP who have passed the CDL skills 

test. 

V. Public Comments 

On August 18, 2021, FMCSA 

published notice of Werner’s 

application for exemption and requested 

public comment (86 FR 46310). The 

Agency received 25 comments. The 

commenters that opposed Werner’s 

request consisted of truck drivers, 

driver-trainers, other individuals, and 

the Owner-Operator Independent 

Drivers Association (OOIDA). These 

respondents do not believe that it is safe 

for a CLP holder to operate a CMV 

without the supervision of a CDL drivertrainer in the front seat of the truck. 

For example, OOIDA wrote, ‘‘The 

regulations requiring an experienced 

driver in the front seat with a permit 

holder were implemented with safety in 

mind. As we move closer to the EntryLevel Driver Training rule taking effect 

next year, FMCSA should be finding 

ways to further bolster training 

requirements, not weaken them. 

Granting this exemption would do just 

that. Because Werner has not 

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.’’ 

Mr. Roger Issacs said, ‘‘I don’t think 

this should be approved. This would 

open the door for permit holders to run 

as a team driver, when some may not be 

able to pass a driver’s test, with no eyes 

on anything they could do wrong, when 

trainer is asleep in sleeper.’’ 

The Agriculture Transportation 

Coalition (AgTC), American Trucking 

Associations (ATA), Idaho-Oregon Fruit 

and Vegetable Association, Truckload 

Carriers Association, truck drivers, and 

some individuals submitted comments 

supporting Werner’s application for 

exemption. 

For example, AgTC said, ‘‘The AgTC 

supports Werner’s application for 

exemption to allow commercial 

learner’s permit (CLP) holders who have 

successfully passed the commercial 

driver’s license (CDL) skills test to be 

able to drive a commercial motor 

vehicle (CMV) without having a CDL 

holder seated beside them in the CMV. 

The exemption would boost operational 

productivity and get drivers employed 

faster. Not allowing Werner to 

immediately designate a new driver as 

‘‘on duty’’ in order to drive to his or her 

home state to get CDL documentation 

creates inefficiency in the supply 

chain.’’ 

The ATA stated, ‘‘Given the ongoing 

driver shortage, ATA is vitally 

interested in removing employment 

barriers to increase efficiency without 

hindering safety. As such, ATA 

appreciates the opportunity to comment 

on this important petition. Specifically, 

ATA believes that granting Werner’s 

exemption would achieve an equivalent 

or greater level of safety, mitigate the 

impact of state driver’s licensing agency 

(SDLA) processing delays, address the 

needs of a mobile workforce, and 

minimize costs and burdens for the 

trucking industry.’’ 

VI. FMCSA Response to Comments and 

Decision 

FMCSA has evaluated Werner’s 

application for exemption and the 

public comments. The Agency is not 

aware of data or information that would 

suggest that Werner has lapses in its 

safety management controls, especially 

those involving its supervision of CMV 

drivers. Because the exemption is 

restricted to Werner’s 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, Oct. 20, 2017)—and to CRST 

Expedited—initially in 2016, and 

subsequently renewed in 2018 (83 FR 

53149, Oct. 19, 2018) and recently to 

Wilson Logistics (86 FR 11050, Feb. 23, 

2021). 

A copy of Werner’s 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 Werner’s 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 Werner 

maintaining USDOT registration, 

minimum levels of public liability 

insurance, and not being subject to any 

‘‘imminent hazard’’ or other out-ofservice (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 

In accordance with 49 U.S.C. 

31313(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce 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 

Under the exemption, the Werner 

must notify FMCSA within 5 business 

days of any accident (as defined in 49 

CFR 390.5T), involving any of the CMVs 

operating under the terms of this 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18857 

exemption. The notification must 

include the following information: 

a. Exemption Identifier and docket 

number, i.e., Werner, FMCSA–2021– 

0118. 

b. Name of operating carrier and 

USDOT number. 

c. Date of the accident. 

d. City or town, and State, in which 

the accident occurred, or closest to the 

accident scene. 

e. Driver’s name and license number. 

f. Co-driver’s name (if any) and 

license number. 

g. Vehicle number and state license 

number. 

h. Number of individuals suffering 

physical injury. 

i. Number of fatalities. 

j. The police-reported cause of the 

accident, if provided by the enforcement 

agency. 

k. Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations; and 

l. The total on-duty time accumulated 

during the 7 consecutive days prior to 

the date of the accident, and the total 

on-duty time and driving time in the 

work shift prior to the accident. 

VIII. Termination 

FMCSA does not believe the motor 

carriers and drivers covered by this 

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. FMCSA will 

immediately revoke the exemption for 

failure to comply with its terms and 

conditions. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–06796 Filed 3–30–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of one or more persons that have been 

placed on OFAC’s Specially Designated 

Nationals and Blocked Persons List 

based on OFAC’s determination that one 

or more applicable legal criteria were 

satisfied. All property and interests in 

property subject to U.S. jurisdiction of 

these persons are blocked, and U.S. 

persons are generally prohibited from 

engaging in transactions with them. 

DATES: See SUPPLEMENTARY INFORMATION

section for effective date(s). 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Andrea Gacki, Director, tel.: 

202–622–2490; Associate Director for 

Global Targeting, tel.: 202–622–2420; 

Assistant Director for Licensing, tel.: 

202–622–2480; Assistant Director for 

Regulatory Affairs, tel.: 202–622–4855; 

or the Assistant Director for Sanctions 

Compliance & Evaluation, tel.: 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

The Specially Designated Nationals 

and Blocked Persons List and additional 

information concerning OFAC sanctions 

programs are available on OFAC’s 

website (https://www.treasury.gov/ofac). 

Notice of OFAC Actions 

On March 24, 2022, OFAC 

determined that the property and 

interests in property subject to U.S. 

jurisdiction of the following persons are 

blocked under the relevant sanctions 

authority listed below. 

BILLING CODE 4810–AL–P 


jspears on DSK121TN23PROD with NOTICES1