50426 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices 

convictions for moving violations in a 

CMV. 

IV. Request for Comments 

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

and 31315(b), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments and material received before 

the close of business on the closing date 

indicated under the DATES section of the 

notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–19471 Filed 9–7–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0140] 

Entry-Level Driver Training: 

Application for Exemption; Oak Harbor 

Freight Lines, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that Oak 

Harbor Freight Lines, Inc., (Oak Harbor) 

has applied for an exemption from the 

qualification requirements pertaining to 

entry-level driver training (ELDT) theory 

instructors, as set forth in the definition 

of ‘‘theory instructor’’. Oak Harbor 

requests the exemption so that the 

company’s safety supervisor, Mr. Jeff 

McLaughlin, will be able to conduct 

classroom (theory) training for entrylevel drivers who intend to operate 

commercial motor vehicles (CMV) used 

in the transportation of hazardous 

materials (HM). The company states the 

exemption is warranted due to Mr. 

McLaughlin’s experience and expertise 

related to the transportation of HM. Oak 

Harbor also states that the road portion 

of the training would be completed by 

behind-the-wheel (BTW) instructors that 

meet the ELDT requirements. 

DATES: Comments must be received on 

or before October 8, 2021. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2021–0140 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: Docket 

Operations, 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. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2021–0140). 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 

regulatory 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–2021–0140), 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–2021–0140’’ 

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 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices 50427 

1The Agency notes that Oak Harbor’s application 

requests exemption specifically from the 

requirement that theory instructors hold a CDL of 

the same (or higher) class and with all endorsement 

necessary to operate the CMV for which training is 

to be provided. On August 30, 2022, in a 

conversation with Oak Harbor’s Safety Manager, 

Mr. Tom Mueller, FMCSA personnel confirmed that 

Oak Harbor is seeking exemption from all the 

theory instructor qualification requirements set 

forth in the definition of ‘‘theory instructor’’ in 49 

CFR 380.605. A summary of that conversation can 

be found in the docket for this notice. 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

Current Regulatory Requirements 

The Agency’s ELDT regulations, set 

forth in 49 CFR part 380, subparts F and 

G, establish theory and BTW training 

requirements for individuals seeking to 

obtain a Class A or Class B CDL or a 

passenger (P), school bus (S), or 

hazardous materials (H) endorsement 

for the first time. The regulations take 

effect on February 7, 2022. The 

regulations require that ELDT be 

conducted only by qualified training 

providers and training instructors; 

drivers must obtain ELDT from a 

training provider listed on FMCSA’s 

Training Provider Registry. The theory 

training instructor qualifications, set 

forth in the definition of ‘‘theory 

instructor’’ in 49 CFR 380.605, are: (1) 

The instructor must hold a CDL of the 

same (or higher) class and with all 

endorsements necessary to operate the 

CMV for which training is to be 

provided and has at least 2 years of 

experience driving a CMV requiring a 

CDL of the same (or higher) class and/ 

or the same endorsement and meets all 

applicable State qualification 

requirements for CMV instructors; or (2) 

the instructor must hold a CDL of the 

same (or higher) class and with all 

endorsements necessary to operate the 

CMV for which training is to be 

provided and has at least 2 years of 

experience as a BTW CMV instructor 

and meets all applicable State 

qualification requirements for CMV 

instructors. The definition of ‘‘theory 

instructor’’ in 49 CFR 380.605 includes 

an exception from the requirement that 

the instructor currently hold a CDL and 

relevant endorsements if the instructor 

previously held a CDL of the same or 

higher class and complies with the other 

requirements set forth in the definition. 

Unlike the P and S endorsement 

training curricula, which include both 

theory and BTW portions, the required 

H endorsement training is theory only. 

The H endorsement theory curriculum, 

set forth in Appendix E, applies to 

driver-trainees who intend to use CMVs 

to transport hazardous materials as 

defined in 49 CFR 383.5. Because 

applicants are not required to take an 

HM-specific skills test to obtain the H 

endorsement, the ELDT regulations do 

not contain a BTW curriculum 

requirement applicable to that 

endorsement. There are, however, BTW 

ELDT requirements for applicants 

seeking a Class A or Class B CDL or a 

P or S endorsement. 

Applicant’s Request 

Oak Harbor seeks an exemption, on 

behalf of its Pacific Northwest Safety 

Supervisor, Mr. Jeff McLaughlin, from 

the ELDT theory instructor 

qualifications set forth in the definition 

of the term ‘‘theory instructor’’ in 49 

CFR 380.605, as previously identified. 

Oak Harbor requests the exemption so 

that Mr. McLaughlin will be able to 

provide ELDT theory instruction 

pertaining to the transportation of HM 

by CMV. Oak Harbor cites Mr. 

McLaughlin’s extensive teaching 

experience and subject matter expertise 

as the basis for its exemption request. 

Oak Harbor further states that the road 

portion of the training would be 

completed by BTW instructors that meet 

the ELDT requirements. A copy of the 

exemption application is in the docket 

referenced at the beginning of this 

notice.1

IV. Equivalent Level of Safety 

Oak Harbor states that Mr. 

McLaughlin’s experience and expertise 

in the HM field would supersede HM 

training offered by other theory and 

BTW training instructors and would 

enhance their HM materials and safety 

program. Oak Harbor provided the 

following list of Mr. McLaughlin’s 

credentials: 

• Over 20 years of experience as a 

certified State commercial vehicle 

inspector holding certifications in 

Commercial Vehicle Safety Alliance 

(CVSA) Part A and B, Hazardous 

Materials, Tank and other bulk 

packaging’s, Motorcoach and Multi 

Surface HM Transportation; 

• 18 years of experience as an 

FMCSA National Training Center Basic 

HM instructor; 

• Previous Region IV Cooperative 

Hazardous Materials Enforcement 

Development (COHMED) Vice 

Chairman; 

• Current COHMED Industry Liaison; 

• Former Training Lieutenant, 

Supervisory Lieutenant and District 

Captain in charge of CVSA and 

Hazardous Materials training and 

recertification programs for the Montana 

Motor Carrier Services; 

• Certified civilian CVSA Hazardous 

Materials instructor; 

• Former Sergeant, Lieutenant and 

Captain overseeing CMV inspectors at 

the Montana/Alberta Joint Use Vehicle 

Inspection Station Coutts, AB regulating 

enforcement of FMCSA and Transport 

Canada regulations pertaining to vehicle 

safety and hazardous material/ 

dangerous goods regulations. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

Oak Harbor’s application for an 

exemption from the qualification 

requirements set forth in the definition 

of ‘‘theory instructor’’ in 49 CFR 

380.605. 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. 2021–19440 Filed 9–7–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of Actions 

on Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of actions on special 

permit applications. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. 

DATES: Comments must be received on 

or before October 8, 2021. 


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