46310 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 

Issued in Fort Worth, TX on August 13, 

2021. 

Barbara Hall, 

FAA Information Collection Clearance 

Officer, IT Enterprises Business Services 

Division, ASP–110. 

[FR Doc. 2021–17720 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–13–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. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that 

Werner Enterprises, Inc. (Werner) has 

applied for an 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 Agency 

requests public comment on the 

exemption application. 

DATES: Comments must be received on 

or before September 17, 2021. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2021–0118 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2021–0118). Note 

that DOT posts all comments received 

without change to www.regulations.gov, 

including any personal information 

included in a comment. Please see the 

Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Room W12–140 on the 

ground level of the West Building, 1200 

New Jersey Avenue SE, Washington, 

DC, 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. 

Privacy Act: In accordance with 5 

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

from the public to better inform its 

exemptions 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. 

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 and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2021–0118), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 

recommendations. You may submit 

your comments and material online or 

by fax, mail, or hand delivery, but 

please use only one of these means. 

FMCSA recommends that you include 

your name and a mailing address, an 

email address, or a phone number in the 

body of your document so the Agency 

can contact you if it has questions 

regarding your submission. 

To submit your comments online, go 

to www.regulations.gov and put the 

docket number, ‘‘FMCSA–2021–0118’’ 

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

When the new screen appears, click on 

‘‘Documents’’ button, then click 

‘‘Comment’’ button associated with the 

latest notice posted. Another screen will 

appear, insert the required information. 

Choose whether you are submitting your 

comment as an individual, an 

organization, or anonymous. Click 

‘‘Submit Comment.’’ 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. FMCSA will 

consider all comments and material 

received during the comment period. 

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 be accompanied at all times 

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 at all times 

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. 

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 

able to drive without having a CDL 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 46311 

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 

or her to the State of domicile to obtain 

a CDL, and without entering a second 

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

allowing productive freight movement 

for Werner and compensation for the 

new driver. A copy of the exemption 

application is in the docket referenced 

at the beginning of this notice. 

IV. Equivalent Level of Safety 

Werner believes that by 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, an equivalent level of safety 

will likely be achieved. 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. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Werner’s application for an exemption 

from 49 CFR 383.25(a)(1). All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. 

In addition to late comments, FMCSA 

will also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

continue to examine the public docket 

for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–17690 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0154; FMCSA– 

2013–0124; FMCSA–2014–0383; FMCSA– 

2014–0385; FMCSA–2014–0386; FMCSA– 

2018–0138] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for eight 

individuals from the hearing 

requirement in the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

interstate commercial motor vehicle 

(CMV) drivers. The exemptions enable 

these hard of hearing and deaf 

individuals to continue to operate CMVs 

in interstate commerce. 

DATES: The exemptions are applicable 

on August 13, 2021. The exemptions 

expire on August 13, 2023. Comments 

must be received on or before 

September 17, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2012–0154, Docket No. 

FMCSA–2013–0124, Docket No. 

FMCSA–2014–0383, Docket No. 

FMCSA–2014–0385, Docket No. 

FMCSA–2014–0386, or Docket No. 

FMCSA–2018–0138 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0383, 

FMCSA–2014–0385, FMCSA–2014– 

0386, or FMCSA–2018–0138 in the 

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

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

and click on the ‘‘Comment’’ button. 

Follow the online instructions for 

submitting comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 between 9 a.m. and 5 p.m., 

ET, Monday through Friday, except 

Federal Holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., ET, Monday through Friday, 

except Federal holidays. If you have 

questions regarding viewing or 

submitting material to the docket, 

contact Dockets Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2012–0154, 

Docket No. FMCSA–2013–0124, Docket 

No. FMCSA–2014–0383, Docket No. 

FMCSA–2014–0385, Docket No. 

FMCSA–2014–0386, or Docket No. 

FMCSA–2018–0138), indicate the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so that FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2012–0154, FMCSA– 


jbell on DSKJLSW7X2PROD with NOTICES