Commercial Driver's License Standards: Application for Exemption; Werner Enterprises, Inc.

Topics:  Werner Enterprises

Larry W. Minor
Federal Motor Carrier Safety Administration
18 August 2021

[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46310-46311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17690]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0118]


Commercial Driver's License Standards: Application for Exemption; 
Werner Enterprises, 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 Werner Enterprises, Inc. (Werner) has 
applied for an exemption to allow commercial learner's permit (CLP) 
holders who have successfully passed the commercial driver's license 
(CDL) skills test to be able to drive a commercial motor vehicle (CMV) 
without having a CDL holder seated beside them in the CMV. The Agency 
requests public comment on the exemption application.

DATES: Comments must be received on or before September 17, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2021-0118 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: 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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2021-0118). 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 exemptions 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-2021-0118), 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-2021-0118'' 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 exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulation Requirements

    Under 49 CFR 383.25(a)(1) a CLP holder must be accompanied at all 
times by the holder of a valid CDL who has the proper CDL group and 
endorsement(s) necessary to operate the CMV. The CDL holder must at all 
times be physically present in the front seat of the vehicle next to 
the CLP holder while operating a CMV on public roads or highways and 
must have the CLP holder under observation and direct supervision.

Applicant's Request

    Werner requests the exemption to allow CLP holders who have 
successfully passed a CDL skills test and are thus eligible to receive 
a CDL, be able to drive without having a CDL

[[Page 46311]]

holder seated beside them in the vehicle. Werner, however, indicates in 
their exemption request that the CDL holder will remain in the vehicle 
at all times while the CLP holder is driving--just not in the front 
seat. Werner contends that an exemption from this regulation will 
benefit Werner and the trucking industry in three ways: Improving 
efficiency of freight operations by maximizing driver employment during 
an historic driver shortage; creating immediate employment and 
compensation opportunities to qualified drivers; and improving the 
overall safety of the new driver experience. Werner believes it will 
face a significant burden in all three areas if this exemption is not 
granted.
    Werner asserts that 49 CFR 383.25(a)(1) has created a significant 
burden on its operations. Prior to the implementation of the 
regulation, a new driver's state of domicile issued temporary CDLs to 
drivers who passed the CDL skills test. The temporary CDL made it 
possible for Werner to place the new driver as ``on duty'' and route 
him or her to the State of domicile to obtain a CDL, and without 
entering a second driver into an ``on duty'' status, thus allowing 
productive freight movement for Werner and compensation for the new 
driver. A copy of the exemption application is in the docket referenced 
at the beginning of this notice.

IV. Equivalent Level of Safety

    Werner believes that by applying the exemption only to drivers who 
have passed the CDL skills test, hold a CLP, and operate the CMV under 
supervision of a CDL holder who is somewhere in the vehicle, an 
equivalent level of safety will likely be achieved. Werner believes 
that there is no difference between the CLP holders who have passed the 
CDL skills test and other truck drivers on the road. In fact, Werner 
notes that by allowing a CLP holder who has passed the CDL skills test 
out of State to drive en route to their State of domicile with a CDL 
holder present in the vehicle, safety will be improved over current 
regulations, which allow a new CDL holder to drive unsupervised 
immediately after receiving his or her CDL documentation. Werner will 
ensure this level of safety by maintaining proper, up-to-date records 
for all drivers in possession of a CLP who have passed the CDL skills 
test.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Werner's application for an 
exemption from 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. 2021-17690 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-EX-P