31930 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Notices 

SUPPLEMENTARY INFORMATION:

Type of Request: Renewal with minor 

modification. 

Title of Information Collection: 

Section 26a Permit Application. 

Frequency of Use: On occasion. 

Type of Affected Public: Individuals 

or households, state or local 

governments, farms, businesses, or other 

for-profit, Federal agencies or 

employees, non-profit institutions, 

small businesses or organizations. 

Small Businesses or Organizations 

Affected: Yes. 

Federal Budget Functional Category 

Code: 455. 

Estimated Number of Annual 

Responses: 2,600. 

Estimated Total Annual Burden 

Hours: 5,200. 

Estimated Average Burden Hours per 

Response: 2.0. 

Need For and Use of Information: 

TVA Land Management activities and 

Section 26a of the Tennessee Valley 

Authority Act of 1933, as amended, 

require TVA to collect information 

relevant to projects that will impact 

TVA land and land rights and review 

and approve plans for the construction, 

operation, and maintenance of any dam, 

appurtenant works, or other obstruction 

affecting navigation, flood control, or 

public lands or reservations across, 

along, or in the Tennessee River or any 

of its tributaries. The information is 

collected via paper forms and/or 

electronic submissions (e.g., Joint 

Application Form (TVA Form 17423), 

Section 26a Permit and Land Use 

Application: Applicant Disclosure Form 

(TVA Form 17423A), Tennessee Valley 

Authority Floating Cabin Registration 

Form (TVA Form 21158), Tennessee 

Valley Authority Floating Cabin 

Electrical Certification Form (TVA Form 

21382), and Tennessee Valley Authority 

Floating Cabin Wastewater Discharge 

Certification Form (TVA Form 21383) 

and/or electronic submissions. The 

information is used to assess the impact 

of the proposed project on TVA land or 

land rights and statutory TVA programs 

to determine if the project can be 

approved. Rules for implementation of 

TVA’s Section 26a responsibilities are 

published in 18 CFR part 1304. 

Rebecca L. Coffey, 

Agency Records Officer. 

[FR Doc. 2022–11182 Filed 5–24–22; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0169] 

Entry-Level Driver Training: SBL Truck 

Driving Academy, Inc.; Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from SBL Truck 

Driving Academy, Inc. (SBL) to exempt 

two of its current employees from the 

theory and behind-the-wheel (BTW) 

instructor qualification requirements 

contained in the entry-level driver 

training (ELDT) regulations. 

Specifically, SBL seeks an exemption 

from the requirement that instructors 

have at least 2 years of experience 

driving a commercial motor vehicle 

(CMV) requiring a commercial driver’s 

license (CDL) of the same or higher class 

and/or the same endorsement necessary 

to operate the CMV for which training 

is provided. FMCSA requests public 

comment on the applicant’s request for 

exemption. 

DATES: Comments must be received on 

or before June 24, 2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2021–0169 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: 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 or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

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

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number 

(FMCSA–2021–0169) for this notice. 

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 

rulemaking 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 https://transportation.

gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA, at (202) 366–2722 or by e -mail 

at MCPSD@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations at (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–2021–0169), 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 comment online, go to 

www.regulations.gov and put the docket 

number (‘‘FMCSA–2021–0169’’) in the 

‘‘Keyword’’ box, and click ‘‘Search.’’ 

When the new screen appears, click on 

the ‘‘Comment Now!’’ button and type 

your comment into the text box in the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Notices 31931 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed 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(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 any safety analyses that have 

been conducted. 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 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 must publish its decision 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 

specify the effective period 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 ELDT regulations, set forth in 49 

CFR part 380, subparts F and G, were 

implemented on February 7, 2022 

established minimum training standards 

for individuals applying for certain 

CDLs and defined curriculum standards 

for theory and BTW training. Subpart G 

of Title 49 of the CFR established an 

online training provider registry (TPR), 

eligibility requirements for providers to 

be listed on the TPR, and qualification 

requirements for instructors. Under 49 

CFR 380.713, a training provider must 

use instructors who meet the definitions 

of ‘‘theory instructor’’ and ‘‘behind-thewheel (BTW) instructor’’ in 49 CFR 

380.605, which require that instructors 

hold a CDL of the same (or higher) class, 

with all endorsements necessary to 

operate the CMV for which training is 

to be provided, and have either: (1) A 

minimum of 2 years of experience 

driving a CMV requiring a CDL of the 

same or higher class and/or the same 

endorsement; or (2) at least 2 years of 

experience as a BTW CMV instructor. 

Exceptions apply to both definitions. 

Applicant’s Request 

SBL seeks an exemption from the 

requirement in 49 CFR 380.713 that a 

training provider use instructors who 

meet the definitions of ‘‘theory 

instructor’’ and ‘‘BTW instructor’’ in 49 

CFR 380.605. SBL specifies that it has 

two employees who do not have two 

years of required driving experience. 

SBL states that the two employees meet 

the qualifications under current State 

regulations and Federal regulations in 

effect before implementation of the 

ELDT requirements, have class A CDLs 

with tanker endorsements, and are 

medically qualified. 

SBL states that the instructor 

qualifications required by the ELDT 

regulations will have a severe negative 

impact on its business and on the driver 

shortage. SBL requests an exemption 

that would allow the two instructors to 

accumulate two years of experience 

while continuing to provide BTW and 

theory instruction. SBL asserts the 

exemption would allow for full 

instructor staffing, resulting in a ‘‘50% 

increase of approximately 96 students 

annually.’’ If the exemption is denied, 

SBL states that it would be forced to 

terminate the employees and replace 

them with less qualified individuals. 

SBL also notes that FMCSA has 

included ‘‘grandfathering’’ provisions in 

the implementation of other new 

regulations. SBL points to the 

provisions in 49 CFR 380.603, which 

provide that individuals who obtained a 

Commercial Learner’s Permit (CLP) 

before February 7, 2022 are not required 

to comply with the ELDT rule if they 

obtain a CDL before the CLP expires. 

SBL is requesting similar consideration 

for State-licensed instructors who met 

applicable Federal requirements prior to 

February 7, 2022. 

IV. Equivalent Level of Safety 

To ensure an equivalent level of 

safety, SBL’s application offers a 

comprehensive list of the qualifications 

for the two driver training instructors 

for whom they request the exemption. 

Both individuals meet the qualifications 

required prior to implementation of the 

ELDT rule; both have Class A CDLs with 

tanker endorsements; both are medically 

qualified; both have graduated from a 

State-licensed truck driver training 

school; both have taught over the road 

driving; both have previously trained 

commercial drivers; one individual 

worked as a commercial driver; and 

both have the ability to instruct all 

topics required by the ELDT regulations. 

SBL indicates that the request for the 

exemption ‘‘places no known negative 

safety impact’’ and SBL would continue 

to adhere to all applicable State and 

Federal regulations that govern the safe 

operation of CMVs. SBL provides the 

South Carolina Department of Motor 

Vehicles requirements for instructors 

that were in effect prior to 

implementation of the ELDT final rule. 

SBL asserts that both employees meet 

those requirements and that South 

Carolina-licensed schools have seen no 

negative safety impacts to date by using 

instructors with fewer than 2 years of 

driving experience. 

A copy of SBL’s application for 

exemption is available for review in the 

docket for this notice. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

SBL’s application for an exemption from 

the requirement in 49 CFR 380.713 to 

use instructors who meet the definitions 

of ‘‘theory instructor’’ and ‘‘BTW 

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. 2022–11271 Filed 5–24–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Temporary Waiver of Buy America 

Requirements for Construction 

Materials 

ACTION: Notice. 

SUMMARY: As the Biden-Harris 

Administration implements the historic 

Bipartisan Infrastructure Law (BIL), we 

seek to maximize the use of American 

made products and materials in all 

federally funded projects while also 

successfully delivering a wide range of 


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