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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices before returning to Wilson Logistics; or 2 route the team of drivers directly to the CLP holders 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 companysponsored, 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 Nations 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
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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
holders 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 381.305a. 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, 2017and to CRSTinitially in 2016, and subsequently renewed in 2018 83 FR
53149, October 19, 2018.

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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
383.25a1 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 drivers 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.
31315d.
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 Drivers 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 drivers total driving time and the total on-duty time of the CMV driver at the time of the accident.

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