Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 30551 

Enter docket number: FAA–2021– 

1024 into search field. 

By email: chel.schweitzer@faa.gov. 

FOR FURTHER INFORMATION CONTACT: Chel 

Schweitzer by email at: 

chel.schweitzer@faa.gov; phone: 202– 

679–2677. 

SUPPLEMENTARY INFORMATION: Part 139 

establishes certification requirements 

for airports serving scheduled 

passenger-carrying operations of an air 

carrier operating aircraft configured for 

more than 9 passenger seats, as 

determined by the regulations under 

which the operation is conducted or the 

aircraft type certificate issued by a 

competent civil aviation authority; and 

unscheduled passenger-carrying 

operations of an air carrier operating 

aircraft configured for at least 31 

passenger seats, as determined by the 

regulations under which the operation 

is conducted or the aircraft type 

certificate issued by a competent civil 

aviation authority. 

This part does not apply to: Airports 

serving scheduled air carrier operations 

only by reason of being designated as an 

alternate airport; airports operated by 

the United States; airports located in the 

State of Alaska that only serve 

scheduled operations of small air carrier 

aircraft and do not serve scheduled or 

unscheduled operations of large air 

carrier aircraft; airports located in the 

State of Alaska during periods of time 

when not serving operations of large air 

carrier aircraft; or heliports. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for FAA to 

enhance the quality, utility and clarity 

of the information collection; and (d) 

ways that the burden could be 

minimized without reducing the quality 

of the collected information. 

OMB Control Number: 2120–0675. 

Title: Certification of Airports, Part 

139. 

Form Numbers: FAA Form 5280–1. 

Type of Review: Renewal of an 

information collection. 

Background: The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on December 7, 2021 (86 FR 69350). 

The statutory authority to issue 

airport operating certificates to airports 

serving certain air carriers and to 

establish minimum safety standards for 

the operation of those airports is 

currently found in Title 49, United 

States Code (U.S.C.) § 44706, Airport 

operation certificates. The FAA uses 

this authority to issue requirements for 

the certification and operation of certain 

airports that service commercial air 

carriers. These requirements are 

contained in Title 14, Code of Federal 

Regulation Part 139 (14 CFR part 139), 

Certification and Operations: Land 

Airports Serving Certain Air Carriers, as 

amended. Information collection 

requirements are used by the FAA to 

determine an airport operator’s 

compliance with Part 139 safety and 

operational requirements, and to assist 

airport personnel to perform duties 

required under the regulation. 

Operators of certificated airports are 

required to complete FAA Form 5280– 

1 and develop, and comply with, a 

written document, an Airport 

Certification Manual (ACM) that details 

how an airport will comply with the 

requirements of Part 139. The ACM 

shows the means and procedures 

whereby the airport will be operated in 

compliance with Part 139, plus other 

instructions and procedures to help 

personnel concerned with operation of 

the airport to perform their duties and 

responsibilities. 

When an airport satisfactorily 

complies with such requirements, the 

FAA issues to that facility an airport 

operating certificate (AOC) that permits 

an airport to serve air carriers. The FAA 

periodically inspects these airports to 

ensure continued compliance with Part 

139 safety requirements, including the 

maintenance of specified records. Both 

the application for an AOC and annual 

compliance inspections require 

operators of certificated airports to 

collect and report certain operational 

information. The AOC remains in effect 

as long as the need exists and the 

operator complies with the terms of the 

AOC and the ACM. 

The likely respondents to new 

information requests are those civilian 

U.S. airport certificate holders who 

operate airports that serve scheduled 

and unscheduled operations of air 

carrier aircraft with more than 9 

passenger seats (approximately 520 

airports). These airport operators 

already hold an AOC and comply with 

all current information collection 

requirements. 

Operators of certificated airports are 

permitted to choose the methodology to 

report information and can design their 

own recordkeeping system. As airports 

vary in size, operations and 

complexities, the FAA has determined 

this method of information collection 

allows airport operators greater 

flexibility and convenience to comply 

with reporting and recordkeeping 

requirements. 100% of the information 

may be submitted electronically. 

The FAA has an automated system, 

the Certification and Compliance 

Management Information System 

(CCMIS), which allows FAA airport 

safety and certification inspectors to 

enter into a national database airport 

inspection information. This 

information is monitored to detect 

trends and developing safety issues, to 

allocate inspection resources, and 

generally, to be more responsive to the 

needs of regulated airports. 

The FAA has developed an automated 

reporting tool, the Airport Crisis 

Response Reporting (ACRR) tool, which 

allows airport personnel to directly 

input status of their airports after an 

incident, or emergency event, impacts 

their airport or the surrounding area. 

Respondents: Approximately 520 

airports. 

Frequency: Information collected on 

occasion. 

Estimated Average Burden per 

Response: 291 hours. 

Estimated Total Annual Burden: 

130,464 hours. 

Issued in Washington, DC, on this date, 

May 12, 2022. 

Birkely M. Rhodes, 

Manager, Airport Safety and Operations 

(AAS–300). 

[FR Doc. 2022–10718 Filed 5–18–22; 8:45 am] 

BILLING CODE 4910–13–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 final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant an exemption from the 

qualification requirements pertaining to 

entry-level driver training (ELDT) theory 

instructors for Oak Harbor’s safety 

supervisor, Mr. Jeff McLaughlin. The 

exemption will allow Mr. McLaughlin 

to conduct classroom (theory) training 

for entry-level drivers who intend to 

operate commercial motor vehicles 

(CMV) used in the transportation of 

hazardous materials (HM). The 

exemption excuses Mr. McLaughlin 

from the requirement to either possess 

a commercial driver’s license (CDL) or 


jspears on DSK121TN23PROD with NOTICES1
30552 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 

1The Agency notes that Oak Harbor’s written 

application requests an exemption from the specific 

requirement that theory instructors 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. On August 30, 

2021, 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. 

have previously held a CDL. The road 

portion of the training will be 

completed by behind-the-wheel (BTW) 

instructors that meet the ELDT 

qualification requirements. FMCSA 

concluded that granting the exemption 

is likely to achieve a level of safety 

equivalent to or greater than the level of 

safety that would be obtained in the 

absence of the exemption. 

DATES: The exemption is effective May 

19, 2022 and expires May 19, 2027. 

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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202–366–2722); 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. 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2021–0140’’ 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–2021–0140’’ 

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 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 Agency’s decision 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 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. 

As set forth in the definition of 

‘‘theory instructor’’ in 49 CFR 380.605, 

theory instructors must meet one of 

these qualifications: (1) The instructor 

holds 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 

holds 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 49 CFR part 380, 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 

On behalf of its Pacific Northwest 

Safety Supervisor, Mr. Jeff McLaughlin, 

Oak Harbor seeks an exemption, from 

the ELDT theory instructor 

qualifications set forth in the definition 

of the term ‘‘theory instructor’’ in 49 

CFR 380.605, as identified above. 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


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Notices 30553 

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’ experience as a 

certified truck inspector holding 

certifications in CVSA Part A and B, 

Hazardous Materials, Tank and other 

bulk packagings, Motor Coach and 

Multi Surface HM Transportation. 

• 18 years’ experience as a NTC Basic 

HM instructor 

• Previous Region IV Cooperative 

Hazardous Materials Enforcement 

Development (COHMED) Program 

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. Public Comments 

On September 8, 2021, FMCSA 

published notice of this application and 

requested public comment (86 FR 

50426). The Agency received four 

comments. Two respondents, Railsback 

HazMat Safety Professionals, LLC 

(Railsback) and the Washington 

Trucking Associations (WTA) submitted 

comments favoring the exemption 

application. The other two respondents, 

J. Walker and an anonymous 

commenter, opposed or questioned the 

exemption application, respectively. 

J. Walker stated the following: ‘‘Oak 

Harbor Freight Lines should not be 

granted this exemption as the reason for 

so many accidents on the roads today is 

Large Carriers get exemptions on 

training drivers and the majority of new 

drivers on the road have no clue what 

they are doing. Two weeks of classroom 

training and they are turned lose on the 

highways with no clue about regulations 

or even how to drive a truck.’’ 

An anonymous commenter said that it 

would be unwise for the FMCSA 

leadership to grant the exemption 

‘‘without conducting a comprehensive 

evaluation of the credentials and 

competencies possessed by Oak 

Harbor’s safety supervisor Jeff 

McLaughlin.’’ The commenter further 

stated: ‘‘Having worked in a factory that 

was both a producer and a consumer of 

hazardous waste, I question how an 

individual acting as a safety supervisor 

could possess the competencies needed 

to train transportation workers how to 

safely engage in the commercial 

transportation of hazardous materials. 

Reflecting on my past experience, the 

rules and regulations pertaining to 

issues of this nature were constantly 

changing.’’ 

Railsback submitted the following 

comment in favor of the exemption: 

‘‘Without a doubt, I believe that former 

FMCSA, NTC Associate Staff Instructors 

have a better understanding of the ELDT 

Theory requirements, than 50–75% of 

driver/trainers, with CDLs. Not only do 

former Associate Staff Instructors know 

the regulations, but also the application 

of said regulations to real life roadside 

situations. Additionally, former 

Associate Staff Instructors experience 

goes beyond that of a driver/trainer, 

who has only worked/trained in one or 

two particular areas of the motor carrier 

industry.’’ 

WTA stated that it ‘‘believes Mr. 

McLaughlin’s credentials and 

significant hazardous materials 

experience should exceed FMCSA’s 

threshold to maintain the current level 

of safety. Additionally, due to the 

current driver shortage and the 

nationwide labor shortage, denial of the 

exemption application would likely 

prevent Oak Harbor from implementing 

a more efficient and effective hazardous 

materials endorsement training program 

to support the company’s operations. 

For those reasons, WTA strongly 

supports Oak Harbor’s exemption 

application.’’ 

VI. FMCSA Response to Comments and 

Decision 

FMCSA has evaluated Oak Harbor’s 

application for exemption and the 

public comments. The Agency 

conducted a comprehensive review of 

Oak Harbor’s safety performance, which 

included a review of the Motor Carrier 

Management Information System safety 

records, and inspection and accident 

reports submitted to FMCSA by State 

agencies. Oak Harbor has an active 

USDOT registration, minimum levels of 

insurance as required by 49 CFR part 

387 and is not subject to any imminent 

hazard or other out-of-service orders. 

FMCSA independently verified Mr. 

McLaughlin’s professional credentials 

identified in the exemption application, 

as suggested by the anonymous 

respondent. While J. Walker opposed 

the application, they did not specifically 

challenge any of Mr. McLaughlin’s 

credentials or HM training experience, 

focusing instead on the ability of newly 

trained drivers to safely operate a CMV. 

As Oak Harbor stated in its application, 

their entry level drivers will receive the 

required BTW training from instructors 

fully meeting the qualification 

requirements set forth in definition of 

‘‘BTW instructor’’ in 49 CFR 380.605. 

Therefore, based on Mr. McLaughlin’s 

extensive experience as both an HM 

instructor and inspector, and his stellar 

reputation in the HM training 

community, FMCSA has decided to 

grant the exemption. FMCSA believes 

that the exemption will likely achieve a 

level of safety that is equivalent to or 

greater than the level that will be 

achieved absent such exemption, in 

accordance with § 381.305(a). 

Extent of the Exemption 

This exemption is granted to Oak 

Harbor on behalf of their instructor Mr. 

Jeff McLaughlin. The exemption from 

the qualification requirements set forth 

in the definition of ‘‘theory instructor’’ 

in 49 CFR 380.605 will allow Mr. 

McLaughlin to provide ELDT theory 

instruction for the H endorsement 

curriculum in Appendix E of Part 380 

without meeting these requirements. 

The exemption is effective May 19, 2022 

and expires May 19, 2027. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–10763 Filed 5–18–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0352] 

Commercial Driver’s License 

Standards: Recreation Vehicle Industry 

Association Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew a 2017 

exemption from the Federal commercial 

driver’s license (CDL) requirements for 

drivers who deliver certain newly 

manufactured motorhomes and 

recreational vehicles (RVs) to dealers or 


jspears on DSK121TN23PROD with NOTICES1