[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45732-45733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11275]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0063]


Commercial Driver's License: Covenant Transport Inc. and Landair 
Transport Inc. Jointly d/b/a Covenant Logistics; Application for 
Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from 
Covenant Transport Inc. and Landair Transport Inc., jointly doing 
business as Covenant Logistics, requesting an exemption to allow 
commercial learner's permit (CLP) holders who have passed the 
commercial driver's license (CDL) skills test but have not yet received 
a CDL document to drive a Covenant Logistics' commercial motor vehicle 
(CMV), without being accompanied by a CDL holder in the passenger seat. 
FMCSA requests public comment on the applicant's request for exemption.

DATES: Comments must be received on or before June 24, 2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2024-0063 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, Washington, DC, 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-2024-0063) 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 on the ground level of 
the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 
a.m. and 5 p.m., E.T., 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 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, 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 under the ``Department 
Wide System of Records Notices'' link at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the 
name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-4225; or [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-2024-0063), 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-2024-063'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on 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 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.

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at [email protected]. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

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

[[Page 45733]]

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 maintain 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. Applicant's Request

    Covenant Transport Inc. and Landair Transport Inc., jointly doing 
business as Covenant Logistics, seek an exemption from 49 CFR 
383.25(a)(1) to allow CLP holders who have successfully passed a CDL 
skills test and are thus eligible to receive a CDL, to drive a CMV 
without a CDL holder present in the front passenger seat. The 
exemption, if granted, would allow Covenant Logistics to employ a 
driver to transport freight immediately after the driver passes their 
CDL skills test and while their CDL documentation is being processed by 
their State of domicile. Covenant Logistics' application states that it 
recruits and develops driver candidates with good safety records who 
have graduated from established driver training schools. It hires 
approximately 1,200 new drivers each year through driver training 
schools. Covenant Logistics estimates that approximately 2,000 drivers 
annually would operate CMVs under the requested exemption. The 
applicant asserts that prior to the implementation of 49 CFR 
383.25(a)(1), States routinely issued temporary CDLs, valid only in the 
State of domicile, to drivers who had successfully passed a CDL skills 
test. This process made it possible for Covenant Logistics to 
immediately designate a new driver as on duty, and direct that driver 
to their State of domicile without entering a second driver into an on-
duty status.
    Covenant Logistics is currently not able to employ a new driver 
until the driver's home State issues a CDL, and the company must choose 
either to wait for the driver to obtain the CDL physical credential 
from their home State before starting on-duty freight operations or 
send the driver home in an unproductive non-driving capacity. Covenant 
Logistics states this results in supply chain inefficiency and a lost 
employment opportunity for the new driver. States may take weeks to 
properly document and update the status of a new driver's CDL after 
they have passed the CDL skills test, and Covenant Logistics is not 
able to employ the driver during this time without having a second 
driver in the front seat of the CMV. This administrative waiting period 
has caused a significant burden on Covenant Logistics' operations. 
Covenant Logistics requested a 2-year exemption.
    A copy of Covenant Logistics' application for exemption is 
available for review in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Covenant Logistics' application 
for an exemption from the requirement in 49 CFR 383.25(a)(1). 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. 2024-11275 Filed 5-22-24; 8:45 am]
BILLING CODE 4910-EX-P