Entry-Level Driver Training: Application for Exemption; State of Alaska Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 18 June 2024 Subjects: American Government , Driver Licensing

[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51592-51594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13325]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0122]


Entry-Level Driver Training: Application for Exemption; State of 
Alaska

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

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

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SUMMARY: FMCSA announces that it has received an application from the 
State of Alaska for a renewal of its exemption from the limitations 
imposed by the commercial driver's license (CDL) regulations on the 
State's ability to issue restricted CDLs. The exemption renewal would 
allow the State to waive specified portions of the CDL skills test for 
drivers who reside and operate in 14 defined geographic areas that lack 
the infrastructure to allow completion of the full skills test. Drivers 
who receive a restricted CDL under the provisions of the current 
exemption would also be exempt from the Entry-Level Driver Training 
(ELDT) regulations. The State of Alaska currently holds an exemption 
for the period December 28, 2022, through December 30, 2024, and 
requests a five-year renewal of the exemption. FMCSA requests public 
comment on Alaska's request for exemption.

DATES: Comments must be received on or before July 18, 2024.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2022-0122 using 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 Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2022-0122). 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 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, 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

[[Page 51593]]

https://www.transportation.gov/privacy. The comments are posted without 
edit and are searchable by the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver, and Vehicle 
Safety Standards; (202) 366-2722; richard.clemente@dot.gov. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets 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 
notice (FMCSA-2022-0122), indicate the specific section of this 
document to which the comment applies, and provide a reason for your 
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-2022-0122'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment'' 
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. 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 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 by the current regulation (49 CFR 381.305(a)). 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)). The exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

    Under 49 CFR 383.3(e), Alaska may waive certain knowledge and 
skills tests requirements and issue restricted CDLs. These restricted 
CDLs are valid only within the State and are subject to certain 
conditions. To be eligible for a restricted CDL, drivers must operate 
exclusively over roads that are not connected to the State highway 
system and are not connected to any highway or vehicular way with an 
average daily traffic volume greater than 499 (49 CFR 383.3(e)(2)). The 
Federal Highway Administration, FMCSA's predecessor agency, set the 
daily traffic volume limit at 499 in its grant of a request for a 
waiver in 1989 (54 FR 33230) and codified it in the FMCSRs in 1996 (61 
FR 9546). Relatedly, the ELDT regulations set forth in 49 CFR 380, 
subparts F and G, establish minimum training standards for individuals 
applying for certain CDLs and define curriculum standards for theory 
and behind-the-wheel training. The ELDT curriculum in 49 CFR part 380, 
appendix A, section A3.1, requires Class A CDL applicants to 
demonstrate proficiency in proper techniques for initiating vehicle 
movement, executing left and right turns, changing lanes, navigating 
curves at speed, entry and exit on the interstate or controlled-access 
highway, and stopping the vehicle in a controlled manner. Under 49 CFR 
380.603(a)(2), drivers issued a restricted CDL by the State of Alaska 
are exempt from the ELDT requirements.
    Under the CDL regulations, before receiving a CDL from a State, a 
driver must pass a safe on-road driving test. Requisite skills include: 
the ability to adjust speed to various driving conditions (49 CFR 
383.113(c)(4); and the ability to choose a safe gap when driving around 
other vehicles (49 CFR 383.113(c)(4)).

IV. Request for Exemption Renewal

    On July 6, 2022, the Agency published a notice seeking comment on 
Alaska's request for an exemption from the portion of the ELDT 
curriculum that requires a Class A CDL applicant to demonstrate 
proficiency in proper techniques for initiating vehicle movement, 
executing left and right turns, changing lanes, navigating curves at 
speed, entry and exit on the interstate or controlled-access highway, 
and stopping the vehicle in a controlled manner (87 FR 40334). The 
application stated that compelling the State to comply with these 
requirements would ``have devastating impacts on rural Alaska's 
movement of produce, prescriptions, people, and other goods.'' 
According to the application, parts of rural Alaska do not fit the 
requirements for the restricted CDL in 49 CFR 383.3(e), since they 
contain roads with an average daily traffic volume that is greater than 
499.
    On December 28, 2022, after analyzing the application and public 
comments, the Agency published its decision (87 FR 79932). FMCSA opted 
not to grant the exemption from the ELDT curriculum in 49 CFR part 380, 
appendix A, section A3.1, as requested by the State, stating that under 
the requested exemption drivers, who had not received the full ELDT 
curriculum, would be eligible for CDLs that were unrestricted and valid 
outside of Alaska. Instead, FMCSA granted Alaska a two-year exemption 
from some of the conditions required under 49 CFR 383.3(e) for the 
issuance of a restricted CDL. The exemption allows the State to waive 
the portions of the CDL skills test enumerated in 49 CFR 383.113(c)(3) 
and (4) for drivers who reside in one of 14 defined geographic areas. 
These areas lack the infrastructure to allow completion of the full 
skills test. Drivers who receive a restricted CDL under the provisions 
of the exemption under this exemption may not operate outside of the 14 
defined geographic areas. Also, under 49 CFR 380.603(a)(2), these 
drivers are not subject to the ELDT regulations. FMCSA concluded that 
granting the exemption, subject to the stated terms and conditions, was 
likely to achieve a level of safety equivalent to, or greater than, the 
level of safety that would be achieved absent the exemption.

[[Page 51594]]

Application for Renewal of Exemption

    Citing the same reasons as the initial request, the State of Alaska 
has applied for a renewal of the current exemption for a period of five 
years.

V. Applicant's Method To Ensure an Equivalent or Greater Level of 
Safety

    The applicant states that its commitment to safety remains 
unchanged and adds that it is not aware of any decline in safety during 
the current exemption. As required of the terms and conditions, the 
applicant provided to FMCSA a list of drivers that were issued a CDL 
under this exemption. The drivers' safety records as well as the 
comments received to this notice will be reviewed and analyzed by the 
Agency. A copy of the State of Alaska's application for renewal of its 
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 the State of Alaska's 
application for an extension of an exemption from some of the 
conditions required for the issuance of a restricted CDL. 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. 2024-13325 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-EX-P