[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11050-11052]
[FR Doc No: 2021-03685]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0174]

Commercial Driver's License Standards: Wilson Logistics

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

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

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SUMMARY: FMCSA announces its decision to grant Wilson Logistics an
exemption from the regulation that requires a commercial learner's
permit (CLP) holder operating a commercial moto vehicle (CMV) to be
accompanied by a commercial driver's license (CDL) holder with the
proper CDL class and endorsements, in the passenger seat. Wilson
Logistics requested an exemption to allow CLP holders who have passed
the CDL skills test, but have not yet obtained the CDL document from
their State of domicile, to drive a CMV without having a CDL holder in
the passenger seat. FMCSA has analyzed the exemption application and
the public comments and has determined that the exemption, subject to
the terms and conditions imposed, will likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.

DATES: This exemption is effective February 23, 2021 and expires
February 23, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; Telephone:<PHONE_NUMBER>. Email:
<EMAIL_ADDRESS>If you have questions on viewing or submitting material
to the docket, contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, FMCSA-2019-0174, in the ``Keyword'' box, and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket in person by visiting the Dockets Operations in
Room W12-140 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.,
e.t., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> 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 certain parts of the 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 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. Request for Exemption

    The Agency's commercial driver's license (CDL) regulations in 49
CFR 383.25(a)(1) require that a commercial learner's permit (CLP)
holder always be accompanied by the holder of a valid CDL who has the
proper CDL group and endorsement(s) necessary to operate the commercial
motor vehicle (CMV). The CDL holder must be physically present in the
front seat of the vehicle next to the CLP holder or, in the case of a
passenger vehicle, directly behind or in the first row behind the
driver and must have the CLP holder under observation and direct
supervision.
    Wilson Logistics is a nationwide motor carrier with a fleet of over
700 CMVs seeking an exemption from 49 CFR 383.25(a)(1) under which a
CDL holder would remain in the vehicle--but not in the front seat--
while a CLP holder who has passed the CDL skills test is driving. The
carrier believes this would allow the CLP holder to participate more
independently in a revenue-generating trip to obtain the CDL document
from the State of domicile. Wilson Logistics advised 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. The carrier noted 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. Securing public transportation for
each of the CLP holders under the first option entails extreme cost
burdens to the company; and the second option, according to Wilson
Logistics, introduces extreme cost inefficiencies. 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

    Wilson Logistics has a company-sponsored, hands on, on-the-job
training program in which CLP holders will spend at least two or three
weeks driving over-the-road with a CDL instructor in the passenger
seat, and the instructor will supervise all driving and non-driving
aspects of the job, including backing and vehicle inspections. Its CLP
holders deliver actual loads to real customers on the Nation's highways
in all manner of weather and traffic conditions. They are trained on
the obstacles of the job well in advance of taking their CDL skills
test, and this type of training far better prepares the employees for
every part of the job.
    If not allowed to run as a team, because the training instructor
must sit in the passenger seat until the CLP holder can obtain the CDL
document, then the truck can only ``perform'' at the level of a solo
driver. In all aspects of their training program, Wilson Logistics
ensures that its drivers are held to a higher standard and can
therefore achieve a level of safety equal to or greater than the level
of a typical new CDL holder. The company does and will provide the
required training and recordkeeping to ensure that the equivalent-
level-of-safety standard is upheld.

V. Public Comments

    On November 6, 2019, FMCSA published notice of the Wilson Logistics
application for exemption and requested public comment [84 FR 59761]. A
total of 59 comments were filed, one from the Truckload Carriers
Association (TCA) and 58 from individuals. Six commenters, including
TCA, favor granting the exemption request. TCA noted that the Agency
had already granted a similar exemption to C.R. England. TCA added that
the regulation creates an undue burden by restricting qualified drivers
from piloting a CMV simply because they do not yet have a physical copy
of their CDL, despite having passed all necessary written exams and
skills tests. TCA reiterated that the drivers covered by this exemption
would have in their possession proof of having passed the skills test
while on the road; if they had taken the skills test in their State of
domicile, they would already have obtained their CDL license document.
TCA stated that FMCSA should allow these drivers the flexibility to
operate a CMV with a CDL holder present in the vehicle but not in the
passenger seat while they are traveling to the CLP holder's State of
domicile to obtain that licensing document. Fifty-three individuals
opposed the Wilson Logistics request. One stated that ``Wilson
Logistics is just looking to profit [from] this and seems not to care
about the possible consequences of having a very inexperienced driver
at the wheel while the trainer is asleep in the sleeper.'' Other
opponents said that the Wilson Logistics request does not meet a level
of safety equivalent to the current regulations, and that it is
primarily a profit-incentivized request.

VI. FMCSA Decision and Safety Analysis

    FMCSA has evaluated Wilson Logistics' application for exemption and
the public comments. The Agency is not aware of data or information
that would suggest that Wilson Logistics' has lapses in its safety
management controls, especially those involving its supervision of CMV
drivers. Because the exemption is restricted to Wilson Logistics' CLP
holders who have documentation that they have passed the CDL skills
test and could operate the CMV at any time upon receipt of the CDL
document from the State of domicile, the Agency believes the exemption
will achieve a level of safety that is equivalent to, or greater than,
the level of safety achieved without the exemption (49 CFR 381.305(a)).
The exemption will enable these drivers to operate a CMV as a team
driver without requiring that the accompanying CDL holder be on duty
and in the front seat while the vehicle is moving. Because these
drivers have already met all the requirements for a CDL, but have yet
to pick up the CDL document from their State of domicile, their safety
performance is expected to be the same as any other newly-credentialed
CDL holder.
    FMCSA has previously granted similar exemptions to C.R. England--
initially in 2015, renewed in 2017 [82 FR 48889, October 20, 2017]--and
to CRST--initially in 2016, and subsequently renewed in 2018 [83 FR
53149, October 19, 2018].
    A copy of Wilson Logistics' application for exemption is available
for review in the docket for this notice.

VII. Terms and Conditions of the Exemption

Extent of the Exemption

    The exemption from 49 CFR 383.25(a)(1) will allow Wilson Logistics
drivers who hold a CLP and have successfully passed a CDL skills test,
to drive a CMV without a CDL holder being present in the front seat of
the vehicle. The CDL holder must remain in the vehicle, but not in the
front seat, at all times while the CLP holder is driving. The exemption
is contingent upon Wilson Logistics maintaining USDOT registration,
minimum levels of public liability insurance, and not being subject to
any ``imminent hazard'' or other out-of-service (OOS) order issued by
FMCSA. Each driver covered by the exemption must maintain a valid
driver's license and CLP with the required endorsements, have in his or
her possession documentation that he or she has passed the CDL skills
test, not be subject to any OOS order or suspension of driving
privileges, and meet all physical qualifications required by 49 CFR
part 391.

Preemption

    During the period this exemption is in effect no State may enforce
any law or regulation that conflicts with or is inconsistent with the
exemption with respect to a person or entity operating under the
exemption (49 U.S.C. 31315(d)).

Notification to FMCSA

    Wilson Logistics must notify FMCSA within 5 business days of any
accidents (as defined by 49 CFR 390.5) involving the operation of any
of its CMVs while utilizing this exemption. The notification must
include the following information:
    (a) Date of the accident;
    (b) City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
    (c) Driver's name and license number;
    (d) Vehicle number and State license number;
    (e) Number of individuals suffering physical injury;
    (f) Number of fatalities;
    (g) The police-reported cause of the accident;
    (h) Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations; and
    (k) The driver's total driving time and the total on-duty time of
the CMV driver at the time of the accident.

    Reports filed under this provision shall be emailed to
<EMAIL_ADDRESS>
VIII. Termination

    The FMCSA does not believe the team drivers covered by the
exemption will experience any deterioration of their safety record.
However, should this occur, FMCSA will take all steps necessary to
protect the public interest, including revocation of the exemption. The
FMCSA will immediately revoke the exemption for failure to comply with
its terms and conditions.

John W. Van Steenburg,
Assistant Administrator.
[FR Doc. 2021-03685 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-EX-P