[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 36034-36036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12810]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0103]


Commercial Driver's License Standards: Stevens Transport, Inc.; 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Stevens Transport, Inc. (Stevens) has 
applied for an exemption from the provisions in our regulations that 
require a commercial learner's permit (CLP) holder to be accompanied by 
a commercial driver's license (CDL) holder with the proper CDL class 
and endorsements seated in the front seat of the vehicle while the CLP 
holder performs behind-the-wheel training on public roads or highways. 
The exemption would allow a CLP holder who has passed the skills test 
but not yet received the CDL document to drive a Stevens commercial 
motor vehicle (CMV) accompanied by a CDL holder who is not necessarily 
in the passenger seat, provided the driver has documentation of passing 
the skills test. FMCSA requests public comment on the applicant's 
request for exemption.

DATES: Comments must be received on or before July 14, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2022-0103 by any of the following 
methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> 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.
    <bullet> Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2022-0103) 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.

[[Page 36035]]

    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 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption 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://www.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 email at 
<a href="/cdn-cgi/l/email-protection#84c9c7d4d7c0c4e0ebf0aae3ebf2"><span class="__cf_email__" data-cfemail="efa2acbfbcabaf8b809bc1888099">[email protected]</span></a>. 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-2022-0103), 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-2022-0103'') 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 8\1/2\ 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(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

    FMCSA's commercial driver's license (CDL) regulations prescribe 
minimum training conditions for behind-the-wheel training of a 
commercial learner's permit (CLP) holder in 49 CFR 383.25. Section 
383.25(a)(1) requires that a CLP holder must at all times be 
accompanied by a CDL holder with the proper CDL class and endorsements. 
The CDL holder must be seated in the front seat of the commercial motor 
vehicle (CMV) while the CLP holder performs behind-the-wheel training 
on public roads or highways.

Applicant's Request

    Stevens Transport, Inc. (Stevens) requests an exemption from 49 CFR 
383.25(a)(1) to allow CLP holders who have successfully passed a CDL 
skills test and are thus eligible to receive a CDL, to drive a CMV 
without a CDL holder always present in the front passenger seat. The 
exemption will allow Stevens to immediately employ a qualified driver 
to transport freight while the driver's CDL documentation is being 
processed by the driver's State of domicile. Stevens recruits and 
develops driver candidates through the Stevens Driving Academy, and 
several affiliated commercial driving schools that provide CDL training 
in a number of States, including Colorado, Louisiana, Georgia, Florida, 
and Tennessee. Stevens graduates approximately 3,150 new drivers each 
year. Prior to the implementation of section 383.25(a)(1), the driver's 
State of domicile routinely issued temporary CDLs to drivers who had 
successfully passed a CDL skills test in their state, which made it 
possible for Stevens to immediately designate a new driver as on duty, 
and direct that driver to their State of domicile to obtain CDL 
documentation without entering a second driver into an on-duty status. 
This translated into immediate productive freight movement for Stevens 
and compensation for the new driver.
    Stevens is currently not able to employ new drivers until their 
home States issue a CDL and must choose either to wait for the driver 
to obtain a CDL from their home State before starting on-duty freight 
operations or send the driver home in an unproductive non-driving 
capacity. The result for Stevens is supply chain inefficiency and a 
lost employment opportunity for a new driver. In addition, as States 
may take weeks to properly document and update the status of a new 
driver's license after passing the CDL skills test, Stevens is again 
not able to employ the driver without requiring a second driver in the 
front seat of the CMV. This administrative waiting period has caused a 
significant burden on Stevens's operations. Stevens requested a 2-year 
exemption.

IV. Equivalent Level of Safety

    Stevens indicates that the exemption will result in a level of 
safety that is greater than the level of safety without the exemption, 
as the only difference between a CLP holder who has passed the CDL 
skills test and a CDL holder is that the latter has obtained a hard 
copy of the CDL document from the home state's Department of Motor 
Vehicles (DMV). The practical result of the exemption, if granted, is 
that a CLP holder who has passed a CDL skills test would be able to 
drive without complying with 49 CFR 383.25(a)(1) and begin immediate 
and productive on-the-

[[Page 36036]]

job training. According to Stevens, this will allow them to hone their 
recently acquired driving skill set and put them to work as a 
productive employee. If the exemption is not granted, Stevens will not 
be able to immediately begin training and employing new drivers due in 
large measure to DMV delays in delivering CDL documents. Stevens 
believes it is the safer approach to allow these new drivers to begin 
practicing their driving skills immediately under the requested 
exemption.
    The exemption would apply only to those drivers who passed the CDL 
skills test, hold a CLP, and operate the CMV under supervision of a CDL 
holder who is somewhere in the vehicle. Stevens 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.
    A copy of Stevens' 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 Stevens' application for an 
exemption from the requirement in 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 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. 2022-12810 Filed 6-13-22; 8:45 am]
BILLING CODE 4910-EX-P


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