Commercial Driver's License Standards: Application for Exemption; Wilson Logistics

Topics:  Wilson Logistics

Larry W. Minor
Federal Motor Carrier Safety Administration
6 November 2019

[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59761-59763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24100]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR part 395

[Docket No. FMCSA-2019-0174]


Commercial Driver's License Standards: Application for Exemption; 
Wilson Logistics

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 Wilson Logistics has applied for an 
exemption from the requirement that the holder of a Commercial 
Learner's Permit (CLP) be accompanied by the holder of a Commercial 
Driver's License (CDL), seated in the front seat, while the commercial 
motor vehicle (CMV) is being driven by the CLP holder. Specifically, 
Wilson Logistics requests an exemption to allow CLP holders who have 
successfully passed the CDL skills test to drive a CMV without having a 
CDL holder seated in the front seat. Wilson Logistics states that the 
CDL holder would remain in the CMV while the CLP holder is driving, but 
not necessarily in the passenger seat. Wilson Logistics believes that 
the exemption, if granted, would promote greater productivity and help 
individuals who have passed the CDL skills test return to actively 
earning a living faster. FMCSA requests public comment on Wilson 
Logistics' application for exemption.

DATES: Comments must be received on or before December 6, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2019-0174 by any of the following 
methods:
     Federal Rulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, 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: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this document. 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. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (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 
document (FMCSA-2019-0174), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2019-0174''

[[Page 59762]]

in the ``Keyword'' box, and click ``Search.'' When the new screen 
appears, click on ``Comment Now!'' button and type your comment into 
the text box in the following screen. Choose whether you are submitting 
your comment as an individual or on behalf of a third party and then 
submit. An option to upload a file is provided. 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 and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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's 
decision 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 of exemption also specifies the effective period 
and explain the terms and conditions of the exemption. The exemption 
may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Wilson Logistics is a nationwide motor carrier with a fleet of over 
700 commercial motor vehicles (CMVs). Wilson Logistics seeks an 
exemption from the provision in 49 CFR 383.25(a)(1) that requires a CDL 
driver to be seated in the front seat of a CMV operated by a CLP 
holder. Under Wilson Logistics' exemption request, a CDL holder would 
remain in the vehicle while a CLP holder who has passed the skills test 
is driving--just not always in the front seat. Wilson Logistics 
believes this would allow the CLP holder to participate in a revenue-
generating trip back to his or her State of domicile to obtain the CDL 
document, as the CDL can only be issued by the State of domicile. 
Wilson Logistics advises that, if granted, 400-500 CLP holders would 
operate under the terms of the exemption each year.
    Wilson Logistics states that 49 CFR 383.25(a)(1) creates undue 
burdens on the company and its CLP holders, is cost intensive, and 
contributes to the driver shortage affecting the commercial trucking 
industry. Wilson Logistics explains that, previously, ``it was not 
uncommon for States to issue temporary CDLs to CLP holders for the 
return trip to collect the CDL document from their State of domicile. 
During that time, CDL holders were neither required to log themselves 
`on duty' when supervising the CLP holder who had a temporary CDL, nor 
did they always remain in the passenger seat of the CMV. Under that 
scenario, the productivity of the CMV, the earnings capacity of the CDL 
and CLP holders, and the logistics of the motor carrier's freight 
network were all protected. Currently carriers must assign a second CDL 
holder to the vehicle to accomplish the on-duty work that was 
previously performed by the CLP holder who had a temporary CDL.''
    Wilson Logistics contends that compliance with the CDL rule leaves 
it with the following two options: (1) Secure some mode of public 
transportation from the State of training to the State of domicile to 
allow the CLP holder to pick up his/her CDL document before returning 
to Wilson Logistics; or (2) route the team of drivers directly to the 
CLP holder's State of domicile, often against the natural flow of the 
freight network. Wilson Logistics argues that securing public 
transportation for each of the CLP holders under the first option 
entails extreme cost burdens to the company; the second option is no 
better because routing CLP holders directly to their home States, 
commonly without reference to shipper demand, introduces extreme cost 
inefficiencies.
    In addition, Wilson Logistics asserts that CDL-issuing agencies may 
require several days, if not weeks, to secure the CLP holder's 
licensure materials; CLP holders suffer financial hardship during this 
waiting period. The exemption sought would apply only to those Wilson 
Logistics drivers who have passed the CDL skills test and hold valid 
CLPs.

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

    To ensure an equivalent level of safety, Wilson Logistics asserts 
that it offers a company-sponsored, hands on, on-the-job training 
program. In its program, CLP holders will spend a minimum of two or 
three weeks driving over-the-road with a CDL instructor in the 
passenger seat. Wilson's CLP holders deliver loads to customers in all 
manner of weather and traffic conditions. Wilson Logistics trains 
drivers on all aspects of the job before drivers take their CDL exams, 
which prepares them better for every part of the job.
    Once Wilson Logistics' drivers pass their CDL skills test, 
administered by Wilson as a CDL third-party tester, the CLP holders 
have the passing scores in their possession. Wilson Logistics then 
uploads the scores to the Commercial Skills Test Information Management 
System (CSTIMS) in accordance with the State's requirements and the 
State Driver's Licensing Agency for the students' State of domicile to 
have access to the information. In addition to the test scores, the 
drivers' CLP document would be scanned into the driver profiles with 
the company's Compliance Department before being allowed to take their 
first load after the CDL skills test. Wilson Logistics would ensure 
that all CLP holders would have their skills test scores in their 
possession at all times until they receive their CDL.

[[Page 59763]]

    Wilson Logistics notes that CLP holders who pass the skills test 
after training in their State of domicile would be allowed to start 
operating the CMV without someone in the passenger seat--they would 
have received a licensing document from the agency.
    Wilson Logistics believes that permitting a CLP holder to drive en 
route to his or her State of domicile without a CDL holder in the 
passenger seat is safer than current State regulations that allow a new 
CDL holder to drive unsupervised, moments after receiving the CDL.
    FMCSA has previously granted similar exemptions to C.R. England--
initially in 2015, renewed in 2017 [82 FR 48889, Oct. 20, 2017]--and to 
New Prime, Inc. [82 FR 29143, June 27, 2017].
    A copy of Wilson Logistics' application for exemption is available 
for review in the docket for this document.

    Issued on: October 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-24100 Filed 11-5-19; 8:45 am]
 BILLING CODE 4910-EX-P