[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Notices]
[Pages 17685-17686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07249]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0253]
Entry-Level Driver Training: Application for Exemption; Albert
Farley, Jr.
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 Albert Farley, Jr.'s
request for an exemption from the theory and behind-the-wheel (BTW)
instructor requirements contained in the entry-level driver training
(ELDT) regulations for himself as a prospective training instructor.
Mr. Farley sought an exemption from the requirement that instructors
have at least two years of driving experience of the same or higher
class and/or the same endorsement level as the commercial motor vehicle
(CMV) to be operated. This exemption would have allowed Mr. Farley to
serve as an ELDT instructor for students seeking Class A CDLs without
having the required two years of experience driving Class A CDLs. FMCSA
analyzed the application and public comments and determined that
granting 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; [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2024-0253'' 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-2024-0253'' 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 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 the safety analyses submitted by the applicant. 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 absent such exemption, pursuant to 49 U.S.C. 31315(b)(1). 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)). If granted, the exemption
may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The ELDT regulations, implemented on February 7, 2022, established
minimum training standards for individuals applying for certain
commercial driver's licenses (CDLs) and defined 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 qualification requirements
for instructors. Under 49 CFR 380.703(a)(4) and 380.713, in order to be
eligible for listing on the TRP, a training provider must use
instructors who meet the definitions of ``theory instructors'' and
``BTW instructors'' in 49 CFR 380.605. To meet the definitions of
``theory instructor'' and ``BTW instructor'' in 49 CFR 380.605,
instructors must hold a CDL of the same (or higher) class, with all
endorsements necessary to operate the CMV for which training is to be
provided, and have either: (1) a minimum of two years of
[[Page 17686]]
experience driving a CMV requiring a CDL of the same or higher class
and/or the same endorsement; or (2) at least two years of experience as
a BTW CMV instructor.
Applicant's Request
The exemption application was described in detail in a Federal
Register notice published on December 9, 2024, (89 FR 97700) and will
not be repeated here as the facts have not changed.
IV. Public Comments
In response to the request for public comment, FMCSA received one
set of jointly filed comments in opposition to the exemption request
from the Truck Safety Coalition, Citizens for Reliable and Safe
Highways, and Parents Against Tired Truckers.
The joint commenters noted that a committee of stakeholders
developed the ELDT rule to ensure all CDL applicants receive
standardized training in order to improve safety outcomes. They further
commented that Mr. Farley lacked experience driving logging trucks,
which are widely acknowledged to be among the most challenging to
operate safely. They emphasized the importance of firsthand experience
operating large trucks and of training provided by verified, qualified
instructors.
V. FMCSA Safety Analysis and Decision
FMCSA has evaluated Mr. Farley's application and the public
comments and denies the exemption request. Based on the information
provided by the applicant and commenters, the Agency is unable to
determine that the exemption would likely achieve a level of safety
equivalent to, or greater than, the level obtained by complying with
the regulation. Mr. Farley wishes to be a BTW CMV instructor for
students seeking Class A CDLs. While he has held a Class B CDL and
operated Class B CMVs for many years, he does not have two years of
experience operating Class A vehicles. When the Agency established the
ELDT regulations, it set two years of experience driving a CMV at the
same or higher class or as a BTW CMV instructor as the minimum
instructor qualification standard. This determination reflected the
opinion of numerous commenters to the ELDT Notice of Proposed
Rulemaking, as well as the committee of industry stakeholders that
established the ``framework'' for the ELDT regulations. The Agency
firmly believes that allowing an individual instructor to provide ELDT
without the required driving experience could lead to similar exemption
requests on a widespread basis. Such a result would be inconsistent
with a primary goal of the ELDT regulations, which was to improve
highway safety by establishing a uniform Federal minimum ELDT standard.
Furthermore, in a prior December 22, 2022, Federal Register Notice
[87 FR 78762] the Agency announced its decision to deny a similar
exemption application request from the Western Area Career and
Technology Center.
For the above reasons, the Albert Farley, Jr. exemption application
is denied.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-07249 Filed 4-25-25; 8:45 am]
BILLING CODE 4910-EX-P