[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31930-31931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11271]


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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.

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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 
[email protected]. 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 8\1/2\ by 11 inches, suitable for

[[Page 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, 
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

    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-the-wheel (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