Entry-Level Driver Training: Application for Exemption; Oak Harbor Freight Lines, Inc.

Topics:  Oak Harbor Freight Lines, Jeff McLaughlin

Larry W. Minor
Federal Motor Carrier Safety Administration
8 September 2021

[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50426-50427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19440]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0140]


Entry-Level Driver Training: Application for Exemption; Oak 
Harbor Freight Lines, Inc.

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

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

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SUMMARY: FMCSA announces that Oak Harbor Freight Lines, Inc., (Oak 
Harbor) has applied for an exemption from the qualification 
requirements pertaining to entry-level driver training (ELDT) theory 
instructors, as set forth in the definition of ``theory instructor''. 
Oak Harbor requests the exemption so that the company's safety 
supervisor, Mr. Jeff McLaughlin, will be able to conduct classroom 
(theory) training for entry-level drivers who intend to operate 
commercial motor vehicles (CMV) used in the transportation of hazardous 
materials (HM). The company states the exemption is warranted due to 
Mr. McLaughlin's experience and expertise related to the transportation 
of HM. Oak Harbor also states that the road portion of the training 
would be completed by behind-the-wheel (BTW) instructors that meet the 
ELDT requirements.

DATES: Comments must be received on or before October 8, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2021-0140 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: 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: Docket Operations, West 
Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
between 9 a.m. and 5 p.m., 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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2021-0140). 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 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its regulatory 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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202-366-4225); MCPSD@dot.gov. If you have questions 
on viewing or submitting material to the docket, contact Dockets 
Operations, (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-2021-0140), 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-2021-0140'' in the ``Search'' box, and click 
``Search.'' When the new screen appears, click on ``Documents'' button, 
then click ``Comment'' button associated with the latest notice posted. 
Another screen will appear, insert the required information. Choose 
whether you are submitting your comment as an individual, an 
organization, or anonymous. Click ``Submit Comment.''
    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 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 also 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 decision of 
the Agency 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 must also specify the effective period (up to 5 
years) and explain the terms and conditions of the

[[Page 50427]]

exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

    The Agency's ELDT regulations, set forth in 49 CFR part 380, 
subparts F and G, establish theory and BTW training requirements for 
individuals seeking to obtain a Class A or Class B CDL or a passenger 
(P), school bus (S), or hazardous materials (H) endorsement for the 
first time. The regulations take effect on February 7, 2022. The 
regulations require that ELDT be conducted only by qualified training 
providers and training instructors; drivers must obtain ELDT from a 
training provider listed on FMCSA's Training Provider Registry. The 
theory training instructor qualifications, set forth in the definition 
of ``theory instructor'' in 49 CFR 380.605, are: (1) The instructor 
must hold a CDL of the same (or higher) class and with all endorsements 
necessary to operate the CMV for which training is to be provided and 
has at least 2 years of experience driving a CMV requiring a CDL of the 
same (or higher) class and/or the same endorsement and meets all 
applicable State qualification requirements for CMV instructors; or (2) 
the instructor must hold a CDL of the same (or higher) class and with 
all endorsements necessary to operate the CMV for which training is to 
be provided and has at least 2 years of experience as a BTW CMV 
instructor and meets all applicable State qualification requirements 
for CMV instructors. The definition of ``theory instructor'' in 49 CFR 
380.605 includes an exception from the requirement that the instructor 
currently hold a CDL and relevant endorsements if the instructor 
previously held a CDL of the same or higher class and complies with the 
other requirements set forth in the definition.
    Unlike the P and S endorsement training curricula, which include 
both theory and BTW portions, the required H endorsement training is 
theory only. The H endorsement theory curriculum, set forth in Appendix 
E, applies to driver-trainees who intend to use CMVs to transport 
hazardous materials as defined in 49 CFR 383.5. Because applicants are 
not required to take an HM-specific skills test to obtain the H 
endorsement, the ELDT regulations do not contain a BTW curriculum 
requirement applicable to that endorsement. There are, however, BTW 
ELDT requirements for applicants seeking a Class A or Class B CDL or a 
P or S endorsement.

Applicant's Request

    Oak Harbor seeks an exemption, on behalf of its Pacific Northwest 
Safety Supervisor, Mr. Jeff McLaughlin, from the ELDT theory instructor 
qualifications set forth in the definition of the term ``theory 
instructor'' in 49 CFR 380.605, as previously identified. Oak Harbor 
requests the exemption so that Mr. McLaughlin will be able to provide 
ELDT theory instruction pertaining to the transportation of HM by CMV. 
Oak Harbor cites Mr. McLaughlin's extensive teaching experience and 
subject matter expertise as the basis for its exemption request. Oak 
Harbor further states that the road portion of the training would be 
completed by BTW instructors that meet the ELDT requirements. A copy of 
the exemption application is in the docket referenced at the beginning 
of this notice.\1\
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    \1\ The Agency notes that Oak Harbor's application requests 
exemption specifically from the requirement that theory instructors 
hold a CDL of the same (or higher) class and with all endorsement 
necessary to operate the CMV for which training is to be provided. 
On August 30, 2022, in a conversation with Oak Harbor's Safety 
Manager, Mr. Tom Mueller, FMCSA personnel confirmed that Oak Harbor 
is seeking exemption from all the theory instructor qualification 
requirements set forth in the definition of ``theory instructor'' in 
49 CFR 380.605. A summary of that conversation can be found in the 
docket for this notice.
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IV. Equivalent Level of Safety

    Oak Harbor states that Mr. McLaughlin's experience and expertise in 
the HM field would supersede HM training offered by other theory and 
BTW training instructors and would enhance their HM materials and 
safety program. Oak Harbor provided the following list of Mr. 
McLaughlin's credentials:
     Over 20 years of experience as a certified State 
commercial vehicle inspector holding certifications in Commercial 
Vehicle Safety Alliance (CVSA) Part A and B, Hazardous Materials, Tank 
and other bulk packaging's, Motorcoach and Multi Surface HM 
Transportation;
     18 years of experience as an FMCSA National Training 
Center Basic HM instructor;
     Previous Region IV Cooperative Hazardous Materials 
Enforcement Development (COHMED) Vice Chairman;
     Current COHMED Industry Liaison;
     Former Training Lieutenant, Supervisory Lieutenant and 
District Captain in charge of CVSA and Hazardous Materials training and 
recertification programs for the Montana Motor Carrier Services;
     Certified civilian CVSA Hazardous Materials instructor;
     Former Sergeant, Lieutenant and Captain overseeing CMV 
inspectors at the Montana/Alberta Joint Use Vehicle Inspection Station 
Coutts, AB regulating enforcement of FMCSA and Transport Canada 
regulations pertaining to vehicle safety and hazardous material/
dangerous goods regulations.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Oak Harbor's application for an 
exemption from the qualification requirements set forth in the 
definition of ``theory instructor'' in 49 CFR 380.605. 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. 2021-19440 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-EX-P