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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
As of January 15, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers:
Brian Porter PA; and Michael W.
Thomas KS
The drivers were included in docket number FMCSA200625854 and FMCSA20100203. Their exemptions were applicable as of January 15, 2021, and will expire on January 15, 2023.
In accordance with 49 U.S.C.
31315b, each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: 1 The person fails to comply with the terms and conditions of the exemption; 2 the exemption has resulted in a lower level of safety than was maintained prior to being granted;
or 3 continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136e and 31315b.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202103698 Filed 22221; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20190174

Commercial Drivers License Standards: Wilson Logistics Federal Motor Carrier Safety Administration FMCSA, DOT.
ACTION: Notice of final disposition; grant of application for exemption.
AGENCY:

FMCSA announces its decision to grant Wilson Logistics an exemption from the regulation that requires a commercial learners permit CLP holder operating a commercial moto vehicle CMV to be accompanied by a commercial drivers 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
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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: 202 3664225.
Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone 202 3669826.
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, FMCSA20190174, 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 W12140 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 202 3669317 or 202 3669826
before visiting Dockets Operations.
II. Legal Basis FMCSA has authority under 49 U.S.C.
31136e and 31315b 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
381.315a. 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 381.315b with the reasons for denying or granting the application and,
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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 381.300b.
III. Request for Exemption The Agencys commercial drivers license CDL regulations in 49 CFR
383.25a1 require that a commercial learners permit CLP holder always be accompanied by the holder of a valid CDL who has the proper CDL group and endorsements 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 383.25a1 under which a CDL
holder would remain in the vehicle but not in the front seatwhile 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, 400500 CLP holders would operate under the terms of the exemption each year.
Wilson Logistics states that 49 CFR
383.25a1 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 carriers 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
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