[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11050-11052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03685]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0174]


Commercial Driver's License Standards: Wilson Logistics

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

ACTION: Notice of final disposition; grant of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant Wilson Logistics an 
exemption from the regulation that requires a commercial learner's 
permit (CLP) holder operating a commercial moto vehicle (CMV) to be 
accompanied by a commercial driver's license (CDL) holder with the 
proper CDL class and endorsements, in the passenger seat. Wilson 
Logistics requested an exemption to allow CLP holders who have passed 
the CDL skills test, but have not yet obtained the CDL document from 
their State of domicile, to drive a CMV without having a CDL holder in 
the passenger seat. FMCSA has analyzed the exemption application and 
the public comments and has determined that the exemption, subject to 
the terms and conditions imposed, will likely achieve a level of safety 
that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.

DATES: This exemption is effective February 23, 2021 and expires 
February 23, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; Telephone: (202) 366-4225. Email: 
[email protected]. 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, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, FMCSA-2019-0174, in the ``Keyword'' box, and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket in person by visiting the 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., 
e.t., 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(b) to grant 
exemptions from certain parts 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 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. Request for Exemption

    The Agency's commercial driver's license (CDL) regulations in 49 
CFR 383.25(a)(1) require that a commercial learner's permit (CLP) 
holder always be accompanied by the holder of a valid CDL who has the 
proper CDL group and endorsement(s) necessary to operate the commercial 
motor vehicle (CMV). The CDL holder must be physically present in the 
front seat of the vehicle next to the CLP holder or, in the case of a 
passenger vehicle, directly behind or in the first row behind the 
driver and must have the CLP holder under observation and direct 
supervision.
    Wilson Logistics is a nationwide motor carrier with a fleet of over 
700 CMVs seeking an exemption from 49 CFR 383.25(a)(1) under which a 
CDL holder would remain in the vehicle--but not in the front seat--
while a CLP holder who has passed the CDL skills test is driving. The 
carrier believes this would allow the CLP holder to participate more 
independently in a revenue-generating trip to obtain the CDL document 
from the State of domicile. Wilson Logistics advised that, if granted, 
400-500 CLP holders would operate under the terms of the exemption each 
year.
    Wilson Logistics states that 49 CFR 383.25(a)(1) creates undue 
burdens on the company and its CLP holders. The carrier noted that, 
previously:

It was not uncommon for States to issue temporary CDLs to CLP 
holders for the return trip to collect the CDL document from their 
State of domicile. During that time, CDL holders were neither 
required to log themselves `on duty' when supervising the CLP holder 
who had a temporary CDL, nor did they always remain in the passenger 
seat of the CMV. Under that scenario, the productivity of the CMV, 
the earnings capacity of the CDL and CLP holders, and the logistics 
of the motor carrier's freight network were all protected. Currently 
carriers must assign a second CDL holder to the vehicle to 
accomplish the on-duty work that was previously performed by the CLP 
holder who had a temporary CDL.

    Wilson Logistics contends that compliance with the CDL rule leaves 
it with the following two options: (1) Secure some mode of public 
transportation from the State of training to the State of domicile to 
allow the CLP holder to pick up his/her CDL document

[[Page 11051]]

before returning to Wilson Logistics; or (2) route the team of drivers 
directly to the CLP holder's State of domicile, often against the 
natural flow of the freight network. Securing public transportation for 
each of the CLP holders under the first option entails extreme cost 
burdens to the company; and the second option, according to Wilson 
Logistics, introduces extreme cost inefficiencies. The exemption sought 
would apply only to those Wilson Logistics drivers who have passed the 
CDL skills test and hold valid CLPs.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    Wilson Logistics has a company-sponsored, hands on, on-the-job 
training program in which CLP holders will spend at least two or three 
weeks driving over-the-road with a CDL instructor in the passenger 
seat, and the instructor will supervise all driving and non-driving 
aspects of the job, including backing and vehicle inspections. Its CLP 
holders deliver actual loads to real customers on the Nation's highways 
in all manner of weather and traffic conditions. They are trained on 
the obstacles of the job well in advance of taking their CDL skills 
test, and this type of training far better prepares the employees for 
every part of the job.
    If not allowed to run as a team, because the training instructor 
must sit in the passenger seat until the CLP holder can obtain the CDL 
document, then the truck can only ``perform'' at the level of a solo 
driver. In all aspects of their training program, Wilson Logistics 
ensures that its drivers are held to a higher standard and can 
therefore achieve a level of safety equal to or greater than the level 
of a typical new CDL holder. The company does and will provide the 
required training and recordkeeping to ensure that the equivalent-
level-of-safety standard is upheld.

V. Public Comments

    On November 6, 2019, FMCSA published notice of the Wilson Logistics 
application for exemption and requested public comment [84 FR 59761]. A 
total of 59 comments were filed, one from the Truckload Carriers 
Association (TCA) and 58 from individuals. Six commenters, including 
TCA, favor granting the exemption request. TCA noted that the Agency 
had already granted a similar exemption to C.R. England. TCA added that 
the regulation creates an undue burden by restricting qualified drivers 
from piloting a CMV simply because they do not yet have a physical copy 
of their CDL, despite having passed all necessary written exams and 
skills tests. TCA reiterated that the drivers covered by this exemption 
would have in their possession proof of having passed the skills test 
while on the road; if they had taken the skills test in their State of 
domicile, they would already have obtained their CDL license document. 
TCA stated that FMCSA should allow these drivers the flexibility to 
operate a CMV with a CDL holder present in the vehicle but not in the 
passenger seat while they are traveling to the CLP holder's State of 
domicile to obtain that licensing document. Fifty-three individuals 
opposed the Wilson Logistics request. One stated that ``Wilson 
Logistics is just looking to profit [from] this and seems not to care 
about the possible consequences of having a very inexperienced driver 
at the wheel while the trainer is asleep in the sleeper.'' Other 
opponents said that the Wilson Logistics request does not meet a level 
of safety equivalent to the current regulations, and that it is 
primarily a profit-incentivized request.

VI. FMCSA Decision and Safety Analysis

    FMCSA has evaluated Wilson Logistics' application for exemption and 
the public comments. The Agency is not aware of data or information 
that would suggest that Wilson Logistics' has lapses in its safety 
management controls, especially those involving its supervision of CMV 
drivers. Because the exemption is restricted to Wilson Logistics' CLP 
holders who have documentation that they have passed the CDL skills 
test and could operate the CMV at any time upon receipt of the CDL 
document from the State of domicile, the Agency believes the exemption 
will achieve a level of safety that is equivalent to, or greater than, 
the level of safety achieved without the exemption (49 CFR 381.305(a)). 
The exemption will enable these drivers to operate a CMV as a team 
driver without requiring that the accompanying CDL holder be on duty 
and in the front seat while the vehicle is moving. Because these 
drivers have already met all the requirements for a CDL, but have yet 
to pick up the CDL document from their State of domicile, their safety 
performance is expected to be the same as any other newly-credentialed 
CDL holder.
    FMCSA has previously granted similar exemptions to C.R. England--
initially in 2015, renewed in 2017 [82 FR 48889, October 20, 2017]--and 
to CRST--initially in 2016, and subsequently renewed in 2018 [83 FR 
53149, October 19, 2018].
    A copy of Wilson Logistics' application for exemption is available 
for review in the docket for this notice.

VII. Terms and Conditions of the Exemption

Extent of the Exemption

    The exemption from 49 CFR 383.25(a)(1) will allow Wilson Logistics 
drivers who hold a CLP and have successfully passed a CDL skills test, 
to drive a CMV without a CDL holder being present in the front seat of 
the vehicle. The CDL holder must remain in the vehicle, but not in the 
front seat, at all times while the CLP holder is driving. The exemption 
is contingent upon Wilson Logistics maintaining USDOT registration, 
minimum levels of public liability insurance, and not being subject to 
any ``imminent hazard'' or other out-of-service (OOS) order issued by 
FMCSA. Each driver covered by the exemption must maintain a valid 
driver's license and CLP with the required endorsements, have in his or 
her possession documentation that he or she has passed the CDL skills 
test, not be subject to any OOS order or suspension of driving 
privileges, and meet all physical qualifications required by 49 CFR 
part 391.

Preemption

    During the period this exemption is in effect no State may enforce 
any law or regulation that conflicts with or is inconsistent with the 
exemption with respect to a person or entity operating under the 
exemption (49 U.S.C. 31315(d)).

Notification to FMCSA

    Wilson Logistics must notify FMCSA within 5 business days of any 
accidents (as defined by 49 CFR 390.5) involving the operation of any 
of its CMVs while utilizing this exemption. The notification must 
include the following information:
    (a) Date of the accident;
    (b) City or town, and State, in which the accident occurred, or 
which is closest to the scene of the accident;
    (c) Driver's name and license number;
    (d) Vehicle number and State license number;
    (e) Number of individuals suffering physical injury;
    (f) Number of fatalities;
    (g) The police-reported cause of the accident;
    (h) Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations; and
    (k) The driver's total driving time and the total on-duty time of 
the CMV driver at the time of the accident.

[[Page 11052]]

    Reports filed under this provision shall be emailed to 
[email protected].

VIII. Termination

    The FMCSA does not believe the team drivers covered by the 
exemption will experience any deterioration of their safety record. 
However, should this occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA will immediately revoke the exemption for failure to comply with 
its terms and conditions.

John W. Van Steenburg,
Assistant Administrator.
[FR Doc. 2021-03685 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-EX-P