36202 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 

interstate and intrastate pipelines to 

maintenance and repair work for 

utilities. These projects vary in 

duration, from a few weeks to six 

months or more on a major construction 

project. PLCA’s members typically hire 

workers on a project-by-project basis 

who will work on multiple jobs each 

year, typically traveling all over the 

United States to do so. Pipeline 

construction companies operate fleets of 

CMVs, most of which are operated by 

holders of commercial driver’s licenses 

(CDLs). PLCA believes that the current 

HOS regulations are ill-suited to address 

the needs and safety concerns of 

pipeline industry drivers. Pipeline 

contractors are skilled tradesman and 

driving is ancillary to their primary role 

as construction workers, as they 

typically spend only a few hours a day 

operating CMVs on public roads. 

PLCA requested exemption from the 

following HOS provisions: 

(1) The short-haul exception (49 CFR 

395.1(e)(1)) was recently amended by 

the final rule adopted on June 1, 2020, 

with an effective date of September 29, 

2020 (85 FR 33396). It retains the 

requirement that drivers return to the 

work reporting location from which 

they were dispatched in the morning. 

PLCA requested that drivers for its 

member companies who otherwise meet 

the requirements of the short-haul 

exception be allowed to return to a 

different location than the one where 

they started their workday. 

(2) Drivers subject to the Agency’s 

HOS regulations are required to use 

ELDs if they must complete RODS on 

more than 8 days in any 30-day period 

(49 CFR 395.8(a)(1)(iii)(A)(1)). PLCA 

requested that drivers for its member 

companies be allowed to use paper 

RODS unless RODS are required on 

more than 16 days in any 30-day period. 

(3) Drivers are prohibited from driving 

CMVs after having been on duty for 70 

hours in a period of 8 consecutive days 

(49 CFR 395.3(b)(2)). PLCA requested 

that drivers for its member companies 

be prohibited from driving only after 

having been on duty for 80 hours in 8 

days. PLCA also requested that drivers 

of CMVs used exclusively in the 

construction and servicing of pipelines 

be allowed the same HOS exceptions 

currently available for oilfield 

operations (49 CFR 395.1(d)). 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

PLCA asserted that granting the 

exemptions sought would not negatively 

impact safety. According to PLCA, 

drivers working for its member 

companies are not engaged in 

continuous driving; they work on the 

pipeline right-of-way, often operating 

different construction vehicles. Because 

of the different jobs they normally 

perform and the minimal driving they 

do, they are less susceptible to fatigue. 

The applicant added that as its 

members’ employees spend most their 

day on the pipeline right-of-way and 

typically drive only at the start and end 

of the workday, their total driving time 

would not be extended. Pipeline drivers 

very rarely, if ever, utilize their entire 11 

hours of allowable daily driving time. 

PLCA develops and administers, in 

conjunction with the industry’s labor 

unions, robust training programs for 

union employees, including CMV 

drivers, focused on safe operations. 

PLCA member companies and their 

drivers have excellent safety records 

and the applicant did not anticipate any 

reduction in safety attributable to the 

granting of the exemptions sought. A 

copy of the exemption application is 

available for review in the docket for 

this notice. 

V. Public Comments 

On July 22, 2020, FMCSA requested 

public comments on PLCA’s exemption 

application (85 FR 44356). The Agency 

received 25 comments. The Commercial 

Vehicle Safety Alliance (CVSA) and the 

American Academy of Sleep Medicine 

(AASM) opposed the application. CVSA 

commented that ‘‘regardless of the 

amount of time spent driving, extended 

periods of on-duty time would subject a 

driver to fatigue. This fatigue would be 

greatest at the end of the workday, when 

PLCA says these drivers are most likely 

to be operating the commercial motor 

vehicle.’’ CVSA added that ‘‘the Federal 

Motor Carrier Safety Regulations are put 

into place to provide a framework of the 

minimum requirements to operate 

commercial motor vehicles safely. An 

exemption to those safety regulations 

should not be granted simply because it 

will increase productivity,’’ The AASM 

also raised the issue of added driver 

fatigue in its comments. 

There were 23 comments supporting 

PLCA’s exemption request, 21 of which 

were identical form letters from its 

member companies. One individual also 

commented, and PLCA itself wrote: 

‘‘Now more than ever, pipeline 

contractors require flexibility to 

complete work quickly and efficiently.’’ 

VI. FMCSA Safety Analysis and 

Decision 

FMCSA has evaluated PLCA’s 

application and the public comments 

and decided to deny the exemption. The 

HOS regulations limit when and how 

long an individual may drive, to ensure 

that drivers stay awake and alert while 

driving, and to help reduce the 

possibility of driver fatigue. 

Recent amendments to the HOS rules 

which took effect September 29, 2020, 

increase the flexibility available to 

short-haul operations. However, the 

Agency did not amend the requirement 

that short-haul drivers return to the 

normal work reporting location, despite 

docket comments requesting such a 

change. PLCA did not provide enough 

data to demonstrate that the HOS 

changes it requested would achieve an 

equivalent level of safety. PLCA has not 

submitted any new evidence or safety 

data to support exemptions from the 

current HOS provisions. 

PLCA provided no analysis of the 

safety performance of drivers who 

would operate using paper records of 

duty status under the exemption, nor 

did it provide analysis of how the risk 

of fatigue and crashes when operating 

without an ELD would be equivalent to 

the risk posed with a device installed on 

the vehicle. The PLCA application did 

not consider practical alternatives or 

provide an analysis of the safety impacts 

the requested exemption may cause and 

failed to offer countermeasures to 

ensure that the exemptions would likely 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved by the current regulation. The 

application is therefore denied. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–12872 Filed 6–14–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0082] 

Entry-Level Driver Training: 

Application for Exemption; Western 

Area Career and Technology Center 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that 

Western Area Career and Technology 

Center (WACTC) has requested an 

exemption from the Theory and Behindthe-Wheel (BTW) instructor 

requirements contained in the entrylevel driver training (ELDT) regulations 

for one prospective instructor. WACTC 

seeks an exemption from the 

requirement that instructors have at 

least two years of driving experience of 


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Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 36203 

the same or higher class and/or the same 

endorsement level as the commercial 

motor vehicle (CMV) to be operated to 

satisfy the instructor requirements 

under the ELDT regulations. 

DATES: Comments must be received on 

or before July 15, 2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2022–0082 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 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: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice (FMCSA–2022–0082). 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 

20590–0001 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 

Docket 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 www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–2722 or MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Operations, 

telephone (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–2022–0082), 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–2022–0082’’ in the 

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

When the new screen appears, click on 

‘‘Documents’’ button, then click the 

‘‘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 materials 

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 certain 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(s)/Requirements 

The ELDT regulations required 

compliance by February 7, 2022 and 

established minimum training standards 

for individuals applying for certain 

commercial driver’s licenses (CDL) and 

defined curriculum standards for 

Theory and BTW training. It also 

established an online training provider 

registry (TPR), eligibility requirements 

for providers to be listed on the TPR, 

and requirements for instructors. Under 

49 CFR 380.713, a training provider 

must use instructors who meet the 

definitions of ‘‘theory instructor’’ and 

‘‘behind-the-wheel (BTW) instructor’’ in 

49 CFR 380.605. The definitions of 

‘‘theory instructor’’ and ‘‘BTW 

instructor’’ in 49 CFR 380.605 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; 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 two years of 

experience as a BTW CMV instructor; 

and meet all applicable State 

qualification requirements for CMV 

instructors. 

Applicant’s Request 

WACTC requests 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. WACTC specifies that it 

would like to use one driver training 

instructor who does not have two years 

of required driving experience. 

WACTC states that it has been 

difficult to find qualified instructors. 

WACTC indicates that it has found one 

potential instructor, Drew Ley, who is 

more than capable of implementing a 

curriculum and training program that 

not only meets the ELDT regulations but 

will also ensure safe, knowledgeable, 

and skilled CMV drivers. WACTC states 

that Mr. Ley will meet the ELDT 


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36204 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 

regulation’s requirement for two years of 

driving experience with a Class A CDL 

in August 2022. 

WACTC states that it conducts 

monthly classes in which students 

achieve 160 hours of practical training, 

with four students per class. The ratio 

of instructor to students (1 to 4) 

‘‘provides a more individualized 

training approach as well as the ability 

to address individual student needs 

and/or concerns as they may arise.’’ 

According to WACTC, the impact of this 

exemption being denied would be 

devastating not only to its CDL program, 

but to the Adult Education Department 

as a whole. WACTC asserts that its CDL 

program is the most popular and 

successful program offered and helps 

stabilize other struggling programs 

through a steady stream of revenue. 

A copy of the WACTC application for 

exemption is included in the docket for 

this notice. 

IV. Equivalent Level of Safety 

WACTC believes that Mr. Ley makes 

up for his failure to have two years of 

required driving experience with his 

experience with the FMCSA regulations 

and his current and previous 

qualifications. Prior to FMCSA’s 

implementation of the ELDT 

regulations, Mr. Ley successfully trained 

four WACTC classes and achieved a 

100% student completion rate. As an 

employee of the Commonwealth of 

Pennsylvania DOT (PennDOT), Mr. Ley 

audited and verified third-party testing 

sites, routes, and CDL examiners to 

assure compliance with PennDOT 

regulations. He also assisted in the 

training and bi-annual reviews of 

experienced and new CDL examiners 

and has extensive knowledge operating 

Class B vehicles with school bus and 

passenger endorsements. In addition, 

Mr. Ley has obtained a School Bus 

Instructor Certification, Certified 

Inspection Mechanic (class 7), 

certification as a licensed private Class 

C instructor, and has had a Class A CDL 

for a year and a half without 

restrictions. Furthermore, WACTC 

indicates that the exemption, if granted, 

would only be necessary until August 

2022, when Mr. Ley will have had his 

Class A CDL for the required two years. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

WACTC’s application for an exemption 

from the requirement in 49 CFR 380.713 

to use instructors who meet the 

definitions of ‘‘Theory instructor’’ and 

‘‘Behind-the-wheel (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. 2022–12873 Filed 6–14–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2016–0180] 

Commercial Driver’s License (CDL) 

Testing; Application for Exemption: 

State of Minnesota 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition: 

Denial of reconsideration of request for 

exemption. 

SUMMARY: FMCSA announces its 

decision to deny the State of 

Minnesota’s request for reconsideration 

of the Agency’s 2017 denial of an 

application for exemption from the 

regulations governing the commercial 

driver’s license (CDL) skills testing 

procedures and practices. Specifically, 

the Agency denies Minnesota’s request 

to perform the CDL skills test in the 

order specified in the CDL regulations. 

The Agency denies Minnesota’s 

requested relief from the requirement to 

use the American Association of Motor 

Vehicle Administrators’ (AAMVA) 2005 

Test Model Score Sheet and from the 

requirement that skills tests be 

conducted in three parts. 

DATES: This decision is effective June 

15, 2022. 

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: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–4225 or MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2016–0180’’ in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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–2016–0180’’ in 

the keyword box, click ‘‘Search,’’ and 

chose the document to view. 

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 portions of the 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 also 

provide an opportunity for public 

comment on the request. 

The Agency reviews the safety 

analyses and the 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 compliance with the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 


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