Commercial Driver's License: Covenant Transport Inc. and Landair Transport Inc. Jointly d/b/a Covenant Logistics; Application for Exemption Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Sue Lawless Date: 30 July 2024 Subjects: American Government , Driver Licensing, Trucking Topic: Covenant Logistics

[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61225-61227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16692]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0063]


Commercial Driver's License: Covenant Transport Inc. and Landair 
Transport Inc. Jointly d/b/a Covenant Logistics; Application for 
Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant Covenant Transport Inc. 
and Landair Transport Inc., jointly doing business as Covenant 
Logistics, an exemption from the requirement for a commercial learner's 
permit (CLP) holder, while operating a commercial motor vehicle (CMV), 
to be accompanied by a commercial driver's license (CDL) holder with 
the proper CDL class and endorsements seated in the front seat of the 
CMV. The exemption allows a CLP holder, who has passed the skills test 
but not yet received their CDL document, to drive a Covenant Logistics' 
CMV while accompanied by a CDL holder who is not in the passenger seat, 
provided the driver has documentation of passing the skills test. FMCSA 
has analyzed the exemption application and public comments and 
determined that the exemption, subject to the terms and conditions 
imposed, will maintain a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption.

DATES: The exemption is effective July 30, 2024 through July 30, 2026.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-4225; or pearlie.robinson@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

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2024-0063'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2024-0063'' in the search box, click ``Search,'' and choose the 
document to review.
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 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.

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 the applicant's safety analysis. 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 maintain 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

[[Page 61226]]

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

    FMCSA's CDL regulations establish minimum requirements for a CLP to 
be considered a valid CDL during behind-the-wheel training of a CLP 
holder on public roads or highways. Under 49 CFR 383.25(a)(1), a CLP 
holder, when operating a CMV, must be accompanied by a CDL holder with 
the proper CDL class and endorsements necessary to operate the CMV. 
Also at all times, the CDL holder must be physically present in the 
front seat of the CMV next to the CLP holder or, in a passenger 
vehicle, directly behind or in the front row behind the driver and must 
have the CLP holder under observation and direct supervision.

Applicant's Request

    Covenant Transport Inc. and Landair Transport Inc., jointly doing 
business as Covenant Logistics, requested an exemption from 49 CFR 
383.25(a)(1) to allow CLP holders who have successfully passed a CDL 
skills test and are thus eligible to receive a CDL, to drive a CMV 
without a CDL holder present in the front passenger seat. This 
exemption allows Covenant Logistics to employ a driver to transport 
freight immediately after the driver passes their CDL skills test and 
while their CDL documentation is being processed by their State of 
domicile. The applicant requests relief from the provision of 49 CFR 
383.25(a)(1) for two years.

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

    Covenant Logistics asserts that the exemption will result in a 
level of safety that is greater than the level of safety without the 
exemption. Covenant states that a CLP holder affected by this exemption 
will have already completed all the necessary steps to qualify for a 
CDL, including passing the CDL skills test with the remaining 
requirement being the administrative function of obtaining the actual 
CDL from their home State Driver's Licensing Agency (SDLA). By granting 
the exemption, CLP holders who have passed a CDL skills test can begin 
immediate and productive on-the-job training. According to Covenant, 
this will allow CLP holders to improve their recently acquired driving 
skill set and put them to work immediately at an income that meets or 
exceeds industry standards. Covenant Logistics said that under the 
proposed exemption it would ensure that a CDL driver remains in the CMV 
while the CLP holder is driving, but not necessarily in the front 
passenger seat.

V. Public Comments

    On May 23, 2024, FMCSA published notice of Covenant Logistics' 
application for exemption and requested public comment (89 FR 45732). 
On May 30, 2024, the Agency published a correction of that notice of 
two errors regarding the approximate number of drivers hired and the 
number of drivers covered by the proposed exemption (89 FR 46987). The 
Agency received a total of 27 comments; two comments were in favor of 
granting the exemption and the remaining 25 comments opposed granting 
the exemption. The 25 opposing comments included: a submission by the 
Owner-Operator Independent Driver's Association (OOIDA): joint comments 
filed by the Truck Safety Coalition (TSC), Citizens for Reliable and 
Safe Highways, and Parents Against Tired Truckers; and comments from 
individuals.
    OOIDA wrote, ``The regulations requiring an experienced driver in 
the front seat with a permit holder were implemented with safety in 
mind. Because Covenant has not sufficiently demonstrated that this 
exemption would achieve a level of safety equivalent or greater than 
the safety level under the current regulations, a waiver should not be 
granted.''
    TSC said, ``Requiring CLP holders to receive physically direct CDL 
holder supervision and observation reduces the likelihood that mistakes 
will occur in the first place. TSC calls on FMCSA to demonstrate its 
unwavering commitment to safety and to deny this inadequately justified 
exemption application for renewal.''
    Laurel Tucker, an individual opposing the exemption commented, 
``Please don't allow truck-driver trainees to drive without licensed 
drivers in the seat next to them. Our highways are already much more 
hazardous than they've been in the past several decades.''
    Dwight Harvey, another individual opposing the exemption wrote, ``I 
do not agree with allowing individuals with a training permit to drive 
commercial vehicles alone. This is a safety concern.''
    The two commenters supporting the proposed exemption were submitted 
by the American Trucking Associations (ATA) and AWM Associates, LLC 
(AWM).
    ATA stated, ``ATA supports Covenant Logistics' exemption request 
allowing the company to employ drivers to transport freight immediately 
after the driver passes their CDL skills test and while their CDL 
documentation is being processed by their state of domicile--
eliminating situations in which Covenant must send newly credentialed 
drivers home in an unproductive, non-driving capacity or delays in 
driver productivity due to long waiting periods for drivers to receive 
their CDL documentation.''
    AWM wrote, ``The FMCSA has exemptions in place for Werner, CR 
England, [Wilson] Logistics New PRIME, CRST, and Steven's Transport 
allowing thousands of drivers to use their CLP to drive after passing 
their skills tests.'' The commentor continued their argument, implying 
a need to change Part 383 to promote equality and stated, ``Regulations 
are designed to level the field, not allow special consideration to on 
over the other. It's time the FMCSA modified Part 383 to deal with the 
reality that they're not treating all concerned equally.''

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated Covenant Logistics' application for an 
exemption and the public comments and believes Covenant Logistics will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption. The premise of comments 
opposing the exemption is that CLP holders lack experience and are 
safer drivers when directly observed by a CDL holder who is on duty and 
in the front seat of the vehicle. However, CLP holders who have passed 
the CDL skills test are eligible to obtain a CDL without further 
training. If these CLP holders had obtained their training and CLPs in 
their State of domicile, they could immediately obtain their CDL at the 
in-State SDLA and begin driving a CMV without any on-board supervision. 
Because these drivers have passed the CDL skills test, the only 
necessary step to obtain the CDL is to visit the SDLA in their State of 
domicile. Furthermore, the CDL holder will be in the CMV while the CLP 
holder is operating the CMV.
    In addition, as recently as December 2022, FMCSA granted this same 
exemption to Stevens Transport, Inc. (87 FR 79931), and has granted 
five-year renewals for the following five motor carriers: CRST The 
Transportation Solution, C.R. England, Inc.; New Prime, Inc.; Werner 
Enterprises; and Wilson

[[Page 61227]]

Logistics [87 FR 79931; 88 FR 52241; 87 FR 36360; 87 FR 38449; 87 FR 
18855; 86 FR 11050]. To date, the Agency does not have record of any of 
the companies operating under the 49 CFR 383.25(a)(1) exemption 
experiencing any deterioration of their safety records or involvement 
in crashes.
    The requested exemption is restricted to Covenant Logistics' CLP 
holders who have documentation that they have passed the CDL skills 
test. The exemption will enable these drivers to operate a CMV as a 
team driver without the accompanying CDL holder to be in the front 
seat.

VII. Terms and Conditions

    When operating under this exemption, Covenant Logistics and its 
drivers are subject to the following terms and conditions:
    (1) Covenant Logistics and its drivers must comply with all other 
applicable Federal Motor Carrier Safety Regulations (49 CFR parts 350-
399);
    (2) The drivers must be in possession of a valid State driver's 
license, a CLP with the required endorsements, and documentation from 
the testing State that they have passed the CDL skills test;
    (3) A CDL holder with the proper CDL class and endorsements must be 
in the operated CMV;
    (4) The drivers must not be subject to any out-of-service order or 
suspension of driving privileges; and
    (5) The drivers must be able to provide this exemption document to 
enforcement officials.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a firm or person operating under 
the exemption. States may, but are not required to, adopt the same 
exemption with respect to operations in intrastate commerce.

Notification to FMCSA

    Covenant Logistics must notify FMCSA within 5 business days of any 
accident (as defined in 49 CFR 390.5) involving any of its drivers 
operating under the terms of this exemption. The notification must 
include the following information:
(a) Name of the exemption: ``Covenant Logistics''
(b) Date of the accident
(c) City or town, and State, in which the accident occurred, or closest 
to the accident scene
(d) Driver's name and license number
(e) Vehicle number and State license number
(f) Number of individuals suffering physical injury
(g) Number of fatalities
(h) The police-reported cause of the accident
(i) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations
(j) The driver's total driving time and total on-duty time prior to the 
accident.
    Reports filed under this provision shall be emailed to 
MCPSD@DOT.GOV.

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety records. The exemption 
will be rescinded if: (1) Covenant Logistics and drivers operating 
under the exemption fail to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objects of 49 
U.S.C. 31136(e) and 31315(b). FMCSA further reserves the right to 
terminate this exemption in the event it is no longer necessary due to 
revised regulatory requirements.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-16692 Filed 7-29-24; 8:45 am]
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