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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices Applicants Request
exemption. The exemption may be renewed 49 CFR 381.300b.
III. Background
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Current Regulatory Requirements The Agencys ELDT regulations, set forth in 49 CFR part 380, subparts F and G, establish theory and BTW training requirements for individuals seeking to obtain a Class A or Class B CDL or a passenger P, school bus S, or hazardous materials H endorsement for the first time. The regulations take effect on February 7, 2022. The regulations require that ELDT be conducted only by qualified training providers and training instructors;
drivers must obtain ELDT from a training provider listed on FMCSAs Training Provider Registry. The theory training instructor qualifications, set forth in the definition of theory instructor in 49 CFR 380.605, are: 1
The instructor must hold a CDL of the same or higher class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience driving a CMV requiring a CDL of the same or higher class and/
or the same endorsement and meets all applicable State qualification requirements for CMV instructors; or 2
the instructor must hold a CDL of the same or higher class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience as a BTW CMV instructor and meets all applicable State qualification requirements for CMV
instructors. The definition of theory instructor in 49 CFR 380.605 includes an exception from the requirement that the instructor currently hold a CDL and relevant endorsements if the instructor previously held a CDL of the same or higher class and complies with the other requirements set forth in the definition.
Unlike the P and S endorsement training curricula, which include both theory and BTW portions, the required H endorsement training is theory only.
The H endorsement theory curriculum, set forth in Appendix E, applies to driver-trainees who intend to use CMVs to transport hazardous materials as defined in 49 CFR 383.5. Because applicants are not required to take an HM-specific skills test to obtain the H
endorsement, the ELDT regulations do not contain a BTW curriculum requirement applicable to that endorsement. There are, however, BTW
ELDT requirements for applicants seeking a Class A or Class B CDL or a P or S endorsement.

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Oak Harbor seeks an exemption, on behalf of its Pacific Northwest Safety Supervisor, Mr. Jeff McLaughlin, from the ELDT theory instructor qualifications set forth in the definition of the term theory instructor in 49
CFR 380.605, as previously identified.
Oak Harbor requests the exemption so that Mr. McLaughlin will be able to provide ELDT theory instruction pertaining to the transportation of HM
by CMV. Oak Harbor cites Mr.
McLaughlins extensive teaching experience and subject matter expertise as the basis for its exemption request.
Oak Harbor further states that the road portion of the training would be completed by BTW instructors that meet the ELDT requirements. A copy of the exemption application is in the docket referenced at the beginning of this notice.1
IV. Equivalent Level of Safety Oak Harbor states that Mr.
McLaughlins experience and expertise in the HM field would supersede HM
training offered by other theory and BTW training instructors and would enhance their HM materials and safety program. Oak Harbor provided the following list of Mr. McLaughlins credentials:
Over 20 years of experience as a certified State commercial vehicle inspector holding certifications in Commercial Vehicle Safety Alliance CVSA Part A and B, Hazardous Materials, Tank and other bulk packagings, Motorcoach and Multi Surface HM Transportation;
18 years of experience as an FMCSA National Training Center Basic HM instructor;
Previous Region IV Cooperative Hazardous Materials Enforcement Development COHMED Vice Chairman;
Current COHMED Industry Liaison;
Former Training Lieutenant, Supervisory Lieutenant and District Captain in charge of CVSA and Hazardous Materials training and recertification programs for the Montana Motor Carrier Services;

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Certified civilian CVSA Hazardous Materials instructor;
Former Sergeant, Lieutenant and Captain overseeing CMV inspectors at the Montana/Alberta Joint Use Vehicle Inspection Station Coutts, AB regulating enforcement of FMCSA and Transport Canada regulations pertaining to vehicle safety and hazardous material/
dangerous goods regulations.
V. Request for Comments In accordance with 49 U.S.C.
31315b, FMCSA requests public comment from all interested persons on Oak Harbors application for an exemption from the qualification requirements set forth in the definition of theory instructor in 49 CFR
380.605. 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 Addresses 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. 202119440 Filed 9721; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Notice of Actions on Special Permits Pipeline and Hazardous Materials Safety Administration PHMSA, DOT.
ACTION: Notice of actions on special permit applications.
AGENCY:

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportations Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.

SUMMARY:
1 The
Agency notes that Oak Harbors application requests exemption specifically from the requirement that theory instructors hold a CDL of the same or higher class and with all endorsement necessary to operate the CMV for which training is to be provided. On August 30, 2022, in a conversation with Oak Harbors Safety Manager, Mr. Tom Mueller, FMCSA personnel confirmed that Oak Harbor is seeking exemption from all the theory instructor qualification requirements set forth in the definition of theory instructor in 49
CFR 380.605. A summary of that conversation can be found in the docket for this notice.

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Comments must be received on or before October 8, 2021.

DATES:

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