[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2158-2159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00445]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0137]


Entry-Level Driver Training: National Ground Water Association; 
Application for Exemption

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

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

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SUMMARY: FMCSA announces its decision to deny the exemption request 
from the National Ground Water Association (NGWA). NGWA sought an 
exemption from the entry-level driver training (ELDT) regulations ``for 
individuals operating class B ground water well drilling rigs.'' FMCSA 
analyzed the exemption application and public comments and determined 
that the exemption would not achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-2722. 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, go to www.regulations.gov, insert the docket 
number ``FMCSA-2022-0137'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' 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-2022-0137'' 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 
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(b) 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 Regulation Requirements

    The ELDT regulations, implemented on February 7, 2022 and set forth 
in 49 CFR part 380, subparts F and G, establish minimum training 
standards for individuals applying for certain commercial driver's 
licenses (CDLs) and define curriculum standards for theory and behind-
the-wheel (BTW) training. They also established an online training 
provider registry (TPR), eligibility requirements for providers to be 
listed on the TPR, and requirements for ELDT instructors. Under 49 CFR 
380.609(a), an individual who applies, for the first time, for a Class 
A or Class B CDL, or who upgrades to a Class A or B CDL, must complete 
driver training from a provider listed on the TPR, as set forth in 
subpart G.

Applicant's Request

    NGWA states that it is the country's largest professional 
association representing water well contractors, groundwater 
scientists, and manufacturers and suppliers of groundwater technology. 
NGWA seeks an exemption from the ELDT regulations ``for individuals 
operating class B ground water well drilling rigs'' which transport 
water well field equipment used to access ground water. NGWA states 
that increasing demands for groundwater and private water wells, along 
with labor and supply shortages, have contributed to delays in drilling 
new water wells. NGWA believes that the exemption, if granted, would 
allow ground water well drilling rig operators to receive on-the-job 
training, which could save hundreds of hours each year for water well 
contractors. NGWA asserts that, if the exemption was granted, on-the-
job ``safe driver'' training would be provided to drivers covered by 
the exemption prior to ``taking their CDL exam.'' NGWA did not, 
however, provide details regarding such training or how the training 
would achieve a level of safety equivalent to or greater than the level 
of safety achieved by complying with the ELDT regulations.

IV. Public Comments

    On July 7, 2022, FMCSA published notice of this application and 
requested public comments (87 FR 40581). The Agency received 18 
comments: nine in support, eight in opposition, and one neutral. The 
Owner-Operator Independent Driver's Association (OOIDA) and the AFL-
CIO/Transportation Trades Department (AFL-CIO/TTD) both strongly 
opposed the exemption request, along with six other individuals/small 
companies. OOIDA cited a number of reasons for its opposition, 
including its participation as an industry stakeholder on the Entry-
Level Driver Training Advisory Committee when the ``framework'' of the 
ELDT regulations were agreed upon. OOIDA believes this exemption could 
allow individuals who drive Group B water well drilling rigs to drive 
other types of Group B vehicles without sufficient knowledge of basic 
commercial motor vehicle maneuvers, which would not result in an 
equivalent level of safety. The AFL-CIO/TTD also opposed the request, 
stating that there are alternatives that would ensure equivalent levels 
of safety without

[[Page 2159]]

undermining the applicability of the ELDT requirements that are 
designed to protect workers and the public.
    Nine commenters supported the request, including representatives 
from the ground water well industry, such as the Florida Ground Water 
Association and the Georgia Association of Ground Water Professionals. 
Those filing in support primarily cited the shortage of CDL drivers in 
their industry, and the fact that ground water well companies are, for 
the most part, already conducting in-house driver training. They 
further cited the added costs of the ELDT requirements, which they 
assert discourage younger individuals from seeking and applying for a 
CDL in their industry.

VI. Equivalent Level of Safety Analysis and Decision

    FMCSA denies the exemption. Although the NGWA stated that it would 
provide on-the-job ``safe driver'' training to drivers covered by the 
exemption prior to obtaining their CDL, NGWA did not provide any 
details of that training or explain how such training would provide an 
equivalent or greater level of safety as compliance with the existing 
regulations, as required by 49 CFR 381.310(c)(5). FMCSA therefore has 
no basis to conclude that the training would likely ensure an 
equivalent or greater level of safety as would be achieved absent the 
exemption, as required by statute (49 U.S.C. 31315(b)(1)).
    For the above reasons, NGWA's exemption application is denied.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-00445 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-EX-P