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Commercial Driver's License: Pitt Ohio Express, LLC; Application for Exemption Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 23 February 2023 Subjects: American Government  , Safety, Trucking
Topic: Pitt Ohio Express |
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11503-11504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03783]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0057]
Commercial Driver's License: Pitt Ohio Express, LLC; Application
for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that it has received an 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 is requesting to use drivers under the age 21 that
have a Commercial Learner's Permit (CLP) to operate commercial motor
vehicles (CMVs) in interstate commerce to participate in the SDAP
program. If granted, Pitt Ohio believes it would have less difficulty
recruiting drivers to participate in the program. FMCSA requests public
comment on the applicant's request for exemption.
DATES: Comments must be received on or before March 27, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2023-0057 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, 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-2023-0057) 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 or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, 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.
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, without edit, 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 at
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 366-2722 or richard.clemente@dot.gov.
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-2023-0057), 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-2023-0057'' 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.
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). The Agency must
publish its decision 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 specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
III. Background
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). If granted, Pitt
Ohio estimates that 25 CLP holders would operate under the exemption a
year. The applicant believes the exemption would relieve Pitt Ohio of
the ``difficulty locating and recruiting apprentice drivers into [the]
SDAP Program.''
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A copy of Pitt Ohio's 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 Pitt Ohio's application for an
exemption from the requirement in the SDAP program that an apprentice
already hold a CDL. FMCSA also seeks 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. 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. 2023-03783 Filed 2-22-23; 8:45 am]
BILLING CODE 4910-EX-P