[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39680-39681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10077]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0057]


Commercial Driver's License Standards: Application for Exemption; 
Pitt Ohio Express, LLC

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

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

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SUMMARY: FMCSA announces its denial of the application from Pitt Ohio 
Express, LLC (Pitt Ohio) to exempt its drivers from one of the 
requirements in the Agency's Safe Driver Apprenticeship Pilot (SDAP) 
program. Pitt Ohio requests an exemption allowing it to use drivers 
under the age 21, who hold a Commercial Learner's Permit (CLP) to 
operate commercial motor vehicles (CMVs) in interstate commerce, to 
participate in the SDAP program. FMCSA analyzed the application and 
determined that there is insufficient basis to conclude that the 
exemption would 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, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; FMCSA; (202) 366-2722; [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets 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-2023-0057'' 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-2023-0057'' 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 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 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(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2). The exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulations

    Under 49 CFR 391.11(b)(1) a person may not drive a (CMV) in 
interstate commerce unless they are at least 21 years old, regardless 
of whether operation of the CMV requires a commercial driver's license 
(CDL). Additionally, for drivers under 21 operating CMVs requiring a 
CLP or CDL, under 49 CFR 383.153(b)(2)(ix)(G), an intrastate only ``K'' 
restriction must appear on the individual's CLP or CDL.

Safe Driver Apprenticeship Pilot Program

    The SDAP program allows registered motor carriers to use apprentice 
drivers who are 18 to 20 years old under certain circumstances. 
Apprentice drivers under the SDAP program must hold a CDL and complete 
separate 120- and 280-hour probationary periods during their 
apprenticeship with registered motor carriers. (87 FR 2477).

Applicant's Request

    Pitt Ohio is a less-than-truckload regional carrier which operates 
multiple straight trucks. The applicant seeks an exemption from the 
requirement in the Agency's SDAP program that an apprentice hold a CDL 
prior to enrolling in the program. Pitt Ohio requests the exemption to 
allow it to use CLP holders in the SDAP Program. These CLP holders 
would still need to meet all the remaining apprentice requirements, as 
well as the existing regulatory requirements for CLP holders (e.g., 
presence of a valid CDL holder in the passenger seat). Pitt Ohio 
estimates that 25 CLP holders would operate under the exemption each 
year. The applicant believes the exemption would relieve them of 
``difficulty locating and recruiting apprentice drivers into [the] SDAP 
Program.''

Applicant's Method To Ensure an Equivalent or Greater Level of Safety

    According to Pitt Ohio, CLP drivers operating under the exemption 
would be as safe or safer than those currently allowed to operate under 
the SDAP program. Pitt Ohio asserts that the CLP driver operating under 
the exemption will be safer and more productive due to being trained 
initially in a smaller CMV so the apprentice can learn and gain an 
understanding of the industry with the same equipment and oversight 
from an experienced and approved FMCSA trainer before graduating into 
larger equipment for the post-CDL aspect of the SDAP program. Pitt Ohio 
did not ask for any exemption to the level of safety required under the 
current SDAP program and indicated that they would meet or exceed all 
hours of training and technology on the CMVs the apprentice would 
operate. Pitt Ohio would be voluntarily applying SDAP program 
requirements to the pre-CDL portion of driver development and training, 
and in addition would report all progress of the program as required 
and any additional requirements that may be requested by FMCSA to meet 
the exemption request.

[[Page 39681]]

IV. Public Comments

    On February 23, 2023, FMCSA published notice of the Pitt Ohio 
application and requested public comments (88 FR 11504). The Agency was 
seeking comment on whether this exemption should be limited to Pitt 
Ohio, or whether it should be drafted to apply to any SDAP program 
participating motor carrier that is currently listed as a certified 
training provider for purposes of the FMCSRs, or that enters into a 
partnership with a certified training provider. On this question, one 
individual responded, ``I am all for this plan, so long as you make the 
training program universal for everyone.'' The Agency received a total 
of 23 comments: 4 supporting the exemption request, 16 opposing it, and 
the other 3 taking no position either for or against. Joint comments 
filed by the Truck Safety Coalition, Citizens for Reliable and Safe 
Highways (CRASH), and Parents Against Tired Truckers (PATT) stated 
``Pitt-Ohio(sic) Express, LLC has not met the measure of evidence 
required to prove an equivalent or greater level of safety in its 
exemption application. They only request that FMCSA dilute the program 
requirements in misplaced efforts to make it easier to attract under-21 
drivers.'' Edward Richard opposed the application and stated ``allowing 
them to put more immature drivers on the road is just wrong and 
unsafe.'' AWM Associates, LLC also opposed, noting that ``until Pitt-
Ohio(sic) is an approved CDL training provider on the FMCSA's Training 
Provider Registry (TPR) its petition must be denied.'' Those in support 
commented that the Pitt Ohio request should be made universal for 
everyone, that age should not matter, and that the Agency should use 
great caution in implementing the exemption should it be granted.

V. FMCSA's Decision

    FMCSA has evaluated Pitt Ohio's application and the filed comments 
and finds that there is insufficient basis to conclude that the 
exemption would likely achieve a level of safety equivalent to, or 
greater than, the level achieved without the exemption. The SDAP's 
purpose is to determine whether there are conditions where safety data 
indicate younger drivers (18- to 20-year-olds) might be allowed to 
operate CMVs. Congress authorized SDAP, opening the pilot to those 18- 
to 20-year-olds who hold a CDL, not a CLP. In addition, granting the 
Pitt Ohio exemption could potentially put young and inexperienced 
drivers in a position of high responsibility, potentially exposing them 
and surrounding drivers to crashes and incidents involving CMVs. The 
Agency therefore believes that Pitt Ohio's prospective apprentice CLP 
drivers should not be legally permitted to operate CMVs in interstate 
commerce if less than 21 years of age.
    For the above reasons, FMCSA denies Pitt Ohio's exemption 
application.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-10077 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-EX-P