[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79931-79932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28235]


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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 final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant the exemption 
application from Stevens Transport, Inc. (Stevens). Stevens sought an 
exemption from the requirement that a commercial learner's permit (CLP) 
holder 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 allows 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 has analyzed the 
exemption application and public comments and determined that the 
exemption, subject to the terms and conditions imposed, will achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.

DATES: The exemption is effective from December 28, 2022 through 
December 28, 2027.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202) 366-2722; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services at (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-2022-0103'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2022-0103'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
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 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. Background

Current Regulatory Requirements

    FMCSA's CDL regulations in 49 CFR 383.25 prescribe minimum 
conditions for behind-the-wheel training of a CLP holder. Section 
383.25(a)(1) requires that a CLP holder 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 CMV while the CLP holder 
performs behind-the-wheel training on public roads or highways.

Applicant's Request

    Stevens requests an exemption from 49 CFR 383.25(a)(1) to allow CLP 
holders who have 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. Stevens states that it 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.
    Stevens asserts that without the exemption, it must choose either 
to wait for drivers to obtain the CDL credential from their home State 
before starting on-duty freight operations or to send the drivers home 
in an unproductive non-driving capacity. The result, according to 
Stevens, is supply chain inefficiency and a lost employment opportunity 
for a new driver. In addition, Stevens explains that States may take 
weeks to properly document and update the status of a new driver's 
license. This administrative waiting period has caused a significant 
burden on Stevens's operations.

IV. Method To Ensure an Equivalent or Greater 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. 
Stevens states that 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 is that CLP holders who have passed a CDL skills test are 
able to begin immediate and productive on-the-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, as 
opposed to waiting for the CDL document. Stevens states that it will 
maintain proper, up-to-date records for all drivers in possession of a 
CLP who have passed the CDL skills test. A copy

[[Page 79932]]

of Stevens' application for exemption is available for review in the 
docket for this notice.

V. Public Comments

    On June 14, 2022, FMCSA published notice of the Stevens application 
and requested public comment [87 FR 36034]. The Agency received four 
comments. The Owner-Operator Independent Driver's Association (OOIDA) 
opposed the exemption request, as OOIDA believes that Stevens failed to 
prove that a waiver would result in ``a level of safety equivalent to, 
or greater than, the level that would be achieved by the regulation.'' 
OOIDA commented that Stevens demonstrated only a desire to increase its 
productivity and profit at the risk of highway safety. OOIDA also 
commented that: (1) far too many new drivers are entering the trucking 
industry and driving on the nation's roads without the basic skills to 
safely operate a commercial vehicle and section 383.25(a)(1) is 
designed to properly ensure that inexperienced drivers will have 
sufficient training, instruction, and oversight as they learn the job; 
(2) Stevens's exemption request fails to explain how the CLP holder 
will be adequately mentored if the CDL holder is not in the passenger 
seat; and (3) the regulations requiring an experienced driver in the 
front seat with a permit holder were implemented with safety in mind, 
and FMCSA must continue bolstering training requirements in support of 
the Entry-Level Driver Training rule. Three other individual commenters 
also opposed the exemption request. One commenter stated that too many 
``mega'' carriers put inexperienced, unqualified drivers on the road, 
while another commented that the risk of having an inexperienced driver 
behind the wheel without supervision is counterproductive to safety.

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated Stevens' application for exemption and the 
public comments and believes Stevens will achieve a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption. The premise of comments opposing the exemption 
is that CLP holders lack experience and are safer drivers when observed 
by a CDL driver trainer who is on duty and in the front seat of the 
vehicle. However, CLP holders who have passed the CDL skills test are 
eligible to obtain a CDL without further training. If these CLP holders 
had obtained their training and CLPs in their State of domicile, they 
could immediately obtain their CDL at the State driver licensing agency 
and begin driving a CMV without any on-board supervision. Because these 
drivers have passed the CDL skills test, the only thing necessary to 
obtain the CDL is to visit the DMV office in their State of domicile.
    In addition, FMCSA has already granted this same exemption 
request--and in some instances, five-year renewals--for the following 
five other motor carriers: CRST Expedited, C.R. England, Inc., New 
Prime, Inc., Werner Enterprises, and Wilson Logistics [83 FR 53149; 87 
FR 36360; 87 FR 38449; 87 FR 18855; 86 FR 11050].
    The requested exemption is restricted to Stevens' CLP holders who 
have documentation that they have passed the CDL skills test. The 
exemption will enable these drivers to operate a CMV as a team driver 
without requiring the accompanying CDL holder be on duty and in the 
front seat while the vehicle is moving.

Terms and Conditions of the Exemption

    When operating under this exemption, Stevens and its drivers are 
subject to the following terms and conditions:
    (1) Stevens and its drivers must comply with all other applicable 
Federal Motor Carrier Safety Regulations (49 CFR parts 350-399);
    (2) The drivers must be in possession of a valid State driver's 
license, CLP with the required endorsements, and documentation that 
they have passed the CDL skills test;
    (3) The drivers must not be subject to any out-of-service (OOS) 
order or suspension of driving privileges; and
    (4) The drivers must be able to provide this exemption document to 
enforcement officials.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a firm or person operating under 
the exemption. States may, but are not required to, adopt the same 
exemption with respect to operations in intrastate commerce.

Notification to FMCSA

    Stevens must notify FMCSA within 5 business days of any crash (as 
defined in 49 CFR 390.5) involving any of its CMVs operating under the 
terms of this exemption. The notification must include the following 
information:
    (a) Name of the exemption: ``Stevens'';
    (b) Date of the accident;
    (c) City or town, and State, in which the accident occurred, or 
closest to the accident scene;
    (d) Driver's name and license number;
    (e) Vehicle number and State license number;
    (f) Number of individuals suffering physical injury;
    (g) Number of fatalities;
    (h) The police-reported cause of the accident;
    (i) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations; and
    (j) The driver's total driving time and total on-duty time prior to 
the accident. Reports filed under this provision shall be emailed to 
[email protected].

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. The exemption will 
be rescinded if: (1) Stevens and its drivers operating under the 
exemption fail to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objectives of 49 
U.S.C. 31136(e) and 31315.

Robin Hutcheson,
Administrator.
[FR Doc. 2022-28235 Filed 12-27-22; 8:45 am]
BILLING CODE 4910-EX-P