Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of application for exemption; request for comments.
FMCSA announces that it has received an application for exemption from Robert Towle from two provisions in the entry-level driver training (ELDT) regulations. FMCSA requests public comment on the applicant’s request for exemption.
Comments must be received on or before January 3, 2023.
You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2022-0180 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.
Dockets Operations, 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. E.T., Monday through Friday, except Federal holidays.
Each submission must include the Agency name and the docket number (FMCSA-2022-0180) for this notice. Note that DOT posts all comments received without change to
including any personal information included in a comment. Please see the Privacy Act heading below.
For access to the docket to read background documents or comments, go to
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.
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, without edit, including any personal information the commenter provides, to
As described in the system of records notice DOT/ALL 14-FDMS, which can be reviewed at
the comments are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard Clemente, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; (202) 366-2722;
If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826.
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and related materials.
If you submit a comment, please include the docket number for this notice (FMCSA-2022-0180), 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
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body of your document so the Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to
and put the docket number “FMCSA-2022-0180” in the keyword box, and click “Search.” Next, sort the results by “Posted (Newer-Older),” choose the first notice listed, click the “Comment” button, and type your comment into the text box on 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
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
(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 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 Agency must publish its decision in the
(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 specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)).
III. Applicant’s Request
Robert Towle seeks an exemption from two requirements in the ELDT regulations. First, he seeks an exemption from the requirement in 49 CFR 380.713 that a training provider use instructors who meet the definition of “theory instructor” in 49 CFR 380.605. Mr. Towle also requests an exemption from the requirement in 49 CFR 380.609 that an individual who applies for the first time for a Class A or B commercial driver’s license (CDL), or who upgrades to a Class A or B CDL, must complete training from a provider listed on the Training Provider Registry (TPR) as set forth in 49 CFR part 380 subpart G. Mr. Towle explains that he is an incarcerated inmate in the New Hampshire State Prison. According to Mr. Towle, the New Hampshire Department of Corrections operates a Special School District, Granite State High School, that provides a CDL training class. Mr. Towle states that the requested exemptions would allow eligible students at Granite State High School to receive the requisite theory instruction in order to obtain their Commercial Learner’s Permit as a step towards job-readiness as part of their community re-entry plan.
A copy of Robert Towle’s application for 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 Robert Towle’s application for two exemptions from the ELDT regulations, as described above. 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
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. 2022-26129 Filed 11-30-22; 8:45 am]
BILLING CODE 4910-EX-P
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