[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62622-62623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19614]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0089]


Entry-Level Driver Training: Application for Exemption; Alaska's 
Ice Road Driving School

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 application from 
Alaska's Ice Road Driving School requesting an exemption from certain 
portions of the behind-the-wheel (BTW) entry-level driver training 
(ELDT) requirements for driver trainees. The applicant explained that 
because of the unique road system and challenging terrain in Alaska, it 
is difficult to adhere to the driver training regulations, and further 
explained that the road configurations lead to only a few major 
established safe road systems in Alaska. The applicant believes that 
the road skills test for a Commercial Driver's License (CDL) applicant 
can safely be administered by the State test examiner because set 
routes can be established and approved without the CDL applicant 
completing certain portions of the mandatory BTW training. FMCSA 
analyzed the application and determined that the exemption would not 
likely 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; 202-366-2722 or [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-2023-0089'' 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.''
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations 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

    Under 49 CFR 383.3(e) the State of Alaska may waive certain 
knowledge and skills tests requirements and issue restricted CDLs, 
subject to certain conditions. To be eligible for a restricted CDL 
under 49 CFR 383.3(e), which is not valid outside Alaska, drivers must 
operate exclusively over roads that are not connected to the State 
highway system and are not connected to any highway or vehicular way 
with an average daily traffic volume greater than 499 (Sec.  
383.3(e)(2)). The Federal Highway Administration, FMCSA's predecessor

[[Page 62623]]

agency, set the daily traffic volume limit at 499 in 1996 (54 FR 
33230).
    The ELDT regulations, implemented on February 7, 2022, and set 
forth in 49 CFR 380, subparts F and G, established minimum training 
standards for individuals applying for certain CDLs and defined 
curriculum standards for theory and BTW training. The ELDT curriculum 
in 49 CFR part 380, appendix A, section A3.1, requires Class A CDL 
applicants to demonstrate proficiency in proper techniques for 
initiating vehicle movement, executing left and right turns, changing 
lanes, navigating curves at speed, entry and exit on the interstate or 
controlled access highway, and stopping the vehicle in a controlled 
manner. Under 49 CFR 380.603(a)(2), drivers issued a restricted CDL by 
the State of Alaska are exempt from the ELDT requirements.

Applicant's Request

    Alaska's Ice Road Driving School seeks an exemption from the 
requirements, set forth in 49 CFR part 380, Appendices A and B, that 
driver trainees seeking a Class A or Class B CDL demonstrate 
proficiency in BTW maneuvers related to entering the on ramp, exiting 
the off ramp, right turns, and left turns. The applicant states that 
due to Alaska's unique road system they believe that the exemption 
would benefit Alaska's driver training schools and give them confidence 
to take on prospective students and complete the required BTW training 
safely. Alaska's Ice Road Driving School requests the exemption 
regarding routing prescriptions that are specific to exact off and on 
ramps, and right and left turns, adding that it will aid in the safe 
administration of road tests by the Alaska State Department of Motor 
Vehicles. The applicant seeks the exemption on behalf of itself and all 
State and local commercial driving schools in Alaska as well as 
individuals qualified as third-party testers in the State of Alaska.

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

    Alaska's Ice Road Driving School believes that the specified 
portions of the ELDT regulation could be waived safely by allowing the 
school and the State of Alaska to prescribe routes based upon the area 
in which the road skills exam would be administered. The applicant 
further believes that the road skills test for a CDL applicant can 
safely be administered by the State test examiner as set routes can be 
established and approved without the CDL applicant completing certain 
portions of the mandatory BTW training.

V. Public Comments

    On April 20, 2023, FMCSA published Alaska's Ice Road Driving 
School's application and requested public comment [88 FR 24463]. The 
Agency received no comments in response to the notice.

VI. FMCSA Safety Analysis and Decision

    FMCSA evaluated Alaska's Ice Road Driving School application and 
denies the exemption request. The applicant failed to establish that 
they would maintain a level of safety equivalent to, or greater than, 
the level achieved without the exemption. Granting the exemption would 
result in drivers receiving a CDL even though they had not demonstrated 
proficiency in the three driving skills from which exemption is 
requested. In addition, on December 28, 2022, the Agency granted an 
exemption to the State of Alaska [87 FR 79932] which allows the State 
to waive specified portions of the CDL skills test for drivers in 14 
defined geographical areas that lack infrastructure to allow completion 
of the full skills test. Drivers who receive a restricted CDL under the 
provisions of the 2022 exemption are also exempt from the ELDT 
regulations. The relief requested by Alaska's Ice Road Driving School 
falls within the scope of that exemption to the extent that drivers 
would not be subject to ELDT requirements if, pursuant to the 2022 
exemption, they received a restricted CDL allowing them to operate a 
commercial motor vehicle only within 14 designated geographical areas 
of the State. This exemption for the State of Alaska is effective from 
December 28, 2022, through December 30, 2024. The Agency does not 
believe it is appropriate to grant a State-wide exemption when the 
previous exemption provides a targeted solution in 14 specific regions 
of the State where there are challenges to achieving full compliance 
with the rules. In addition, there were no comments filed in support of 
Alaska's Ice Road Driving School's request.
    For the above reasons, Alaska's Ice Road Driving School's exemption 
application is denied.

Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023-19614 Filed 9-11-23; 8:45 am]
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