Commercial Driver's License (CDL): Application for Exemption Renewal; U.S. Custom Harvesters, Inc., 70431-70434 [2023-22442]
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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
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printing in the Commission’s Public
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SR–CboeBZX–2023–075 and should be
submitted on or before November 1,
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For the Commission, by the Division
of Trading and Markets, pursuant to
delegated authority.24
Sherry R. Haywood,
Assistant Secretary.
Company. By virtue of DSV’s equity
ownership of the Company, the
Company is also considered an
Associate of the Licensee.
Therefore, the proposed transaction
requires a regulatory exemption
pursuant to 13 CFR 107.730. Notice is
hereby given that any interested person
may submit written comments on the
transaction within fifteen days of the
date of this publication to the Associate
Administrator, Office of Investment and
Innovation, U.S. Small Business
Administration, 409 Third Street SW,
Washington, DC 20416.
Bailey DeVries,
Associate Administrator, Office of Investment
and Innovation, U.S. Small Business
Administration.
[FR Doc. 2023–22441 Filed 10–10–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0133]
Commercial Driver’s License (CDL):
Application for Exemption Renewal;
U.S. Custom Harvesters, Inc.
[FR Doc. 2023–22437 Filed 10–10–23; 8:45 am]
BILLING CODE 8011–01–P
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of
exemption; request for comments.
AGENCY:
SMALL BUSINESS ADMINISTRATION
[License No. 06/06–0356]
lotter on DSK11XQN23PROD with NOTICES1
Independent Bankers Capital Fund IV,
L.P.; Notice Seeking Exemption Under
the Small Business Investment Act,
Conflicts of Interest
Notice is hereby given that
Independent Bankers Capital Fund IV,
L.P., 5949 Sherry Lane, Suite 1472,
Dallas, TX 75225, a Federal Licensee
under the Small Business Investment
Act of 1958, as amended (‘‘Act’’), in
connection with the financing of a small
concern, has sought an exemption under
Section 312 of the Act and 13 CFR
107.730 of the Code of Federal
Regulations, Financings which
Constitute Conflict of Interest,
Independent Bankers Capital Fund IV,
L.P. (‘‘Licensee’’) is proposing to
provide financing to Central States Bus
Sales, Inc. (‘‘Company’’) to support its
growth.
The proposed transaction is brought
within the purview of 13 CFR 107.730
because Diamond State Ventures II, L.P.
(‘‘DSV’’), an Associate of Licensee as
defined in 13 CFR 107.50, holds a 10%
or greater equity interest in the
24 17
CFR 200.30–3(a)(12).
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70431
FMCSA–2017–0133 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.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, 1200 New
Jersey Avenue SE, between 9 a.m. and
5 p.m. E.T., Monday through Friday,
except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2017–0133) for this notice.
Note that DOT posts all comments
received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit 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.
Privacy Act: 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 www.regulations.gov. As
described in the system of records
notice DOT/ALL 14–FDMS, which can
be reviewed at https://
www.transportation.gov/privacy, the
comments are searchable by the name of
the submitter.
FMCSA announces its
decision to provisionally renew a U.S.
Custom Harvesters, Inc. (USCHI)
exemption from the ‘‘K’’ intrastate
restriction on commercial driver’s
licenses (CDLs) for custom harvester
drivers operating in interstate commerce
for a two-year period, with additional
terms and conditions. FMCSA’s
regulations currently provide an
exception to the minimum age
requirements for drivers of commercial
motor vehicles (CMVs) controlled and
operated by a person engaged in
interstate custom harvesting. However,
under the Agency’s CDL regulations,
States may include an intrastate-only (or
‘‘K’’) restriction for these drivers. This
provisional renewal of the exemption
continues relief from the CDL provision
for two years.
DATES: This renewed exemption is
effective October 3, 2023, through
October 3, 2025. Comments must be
received on or before November 13,
2023.
I. Public Participation and Request for
Comments
You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA encourages you to participate
by submitting comments and related
materials.
SUMMARY:
ADDRESSES:
PO 00000
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Ms.
La Tonya Mimms, Chief, Driver and
Carrier Operations Division, Office of
Carrier, Driver and Vehicle Safety
Standards, FMCSA, at (202) 366–9220
or latonya.mimms@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations at (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2017–0133), indicate
the specific section of this document to
which the comment applies, and
provide a reason for your suggestions or
recommendations. You may submit
your comments and material online, 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 body
of your document so the agency can
contact you if it has questions regarding
your submission.
To submit your comment online, go to
www.regulations.gov, put the docket
number ‘‘FMCSA–2017–0133’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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 81⁄2 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, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
lotter on DSK11XQN23PROD with NOTICES1
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from the 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 with 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 maintain a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the name of the person or class
of persons receiving the exemption and
the regulatory provision from which
that party is exempt, the effective
period, and all terms and conditions of
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the exemption (49 CFR 381.315(c)(1)). If
the exemption is denied, the notice will
explain the reason for the denial (49
CFR 381.315(c)(2)). The exemption may
be renewed (49 CFR 381.300(b)).
III. Background
USCHI describes the operations of its
member companies as supplying
equipment and labor to assist farmers
with harvesting during their busiest
seasons and provides the following
summary of the nature of these
operations:
Typically, there are two different classes of
operations, grain harvesting and forage
harvesting. A grain harvester uses combines
to harvest wheat, corn, barley, canola,
sunflowers, soybeans, and grain sorghum,
among others. These crop products are
transported to an elevator or on-farm storage,
where the crop is stored and later transported
elsewhere to be processed into products for
public use. A forage harvester uses a chopper
to harvest whole-plant crops such as corn,
sorghum, milo, triticale, and alfalfa. These
crops are used for silage to feed livestock in
dairies and feedlots. Some operators harvest
crops such as cotton that require other
specialized equipment. Custom harvesters
travel from State to State and can spend from
a few days to several months cutting crops
for one farmer.
Customer harvesters frequently
employ drivers younger than 21 years of
age, who are issued CDLs with a ‘‘K’’
restriction that makes the license valid
only for operations within the issuing
state (49 CFR 383.23(a)(2) and 49 CFR
383.153(a)(10)(vii)). Under an exception
in place since 1971, the 21-year-old age
requirement, however, does not apply to
a CMV driver who drives a CMV
controlled and operated by a person
engaged in custom-harvesting
operations, provided that certain
conditions are met. (49 CFR 391.2).
Those drivers are therefore allowed to
drive in interstate custom harvesting
operations notwithstanding the ‘‘K’’
restriction on their licenses.
USCHI states that even though CMV
drivers engaged in custom harvesting
are excepted from the 21-year-old
requirement, they are frequently cited
during roadside inspections because of
the presence of the ‘‘K’’ restriction on
their license. USCHI states that this
issue impacts the safety records of
drivers and employers.
On October 3, 2018, FMCSA granted
USCHI’s original exemption request,
providing relief from the requirements
of 49 CFR 383.23(a)(2) and 49 CFR
383.153(a)(10)(vii) for a period of five
years (expiring October 3, 3023).
FMCSA noted that although it was
granting the exemption, the exemption
did not require any special action or
processing by the state driver licensing
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Sfmt 4703
agencies, who will continue to place the
‘‘K’’ restriction when called for, but
enforcement officers will disregard it in
situations involving drivers who can
demonstrate eligibility for the custom
harvester exemption. (83 FR 49977,
49978).
USCHI asks the Agency to renew its
exemption for another five-year period,
subject to terms and conditions, to allow
law enforcement officers to determine
that the driver is operating in custom
harvester operations. For example,
USCHI proposes that the driver be
required to provide at least three
methods of verification while en route.
A copy of USCHI’s request for an
exemption renewal is available for
review in the docket for this notice.
IV. Equivalent Level of Safety
FMCSA is not aware of any evidence
showing that allowing the exemption
concerning the intrastate-only ‘‘K’’
restriction, has resulted in any
degradation in safety. Interstate
operations for non-CDL custom
harvester drivers younger than 21 are
allowed pursuant to 49 CFR 391.2(a),
and intrastate operations for CDL
custom harvester drivers under the age
of 21 can be accomplished under 49
CFR 383.23(a)(2) and 383.153(a)(10)(vii).
The requested exemption allows
interstate CDL custom harvester drivers
under the age of 21, which mirror what
these drivers are allowed to do in
intrastate custom harvester operations.
The Agency notes that, likely through
miscommunications and
misunderstandings between the Agency,
USCHI and its membership, certain
crashes involving the drivers operating
under the exemption were not reported
to the Agency during the first 5-year
exemption. FMCSA’s review of USCHI
members’ data indicates there have been
crashes which could be considered
preventable. The Agency obtained 14
police crash reports involving custom
harvester operators under the age of 21.
However, given the 5-year period of the
exemption, and a lack of information on
the age peer group within the
agricultural driver population, there is
insufficient information to conclude
that the exemption has resulted in a
degradation of safety.
FMCSA therefore concludes that
provisionally extending the exemption
for two years and enhancing the terms
and conditions to assist the Agency’s
oversight of the exemption will likely
maintain a level of safety that is
equivalent to, or greater than, the level
of safety that would be achieved
without the exemption. During the twoyear period of the provisionally
extended exemption, in addition to
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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices
enhancing the terms and conditions of
the exemption, FMCSA will initiate a
data analysis project to examine the
safety performance of custom harvester
drivers under the age of 21, in
comparison to other drivers in the
agriculture sector of the motor carrier
industry. The data collection period will
occur during the fall of 2023, after
which FMCSA will begin analyzing the
data. The Agency currently has
violation data on motor carriers that
utilize the transportation of agricultural
commodities exception to the hours-ofservice rules, and the new study will
assist the Agency in conducting a more
in-depth analysis of their safety
performance as a group and the safety
performance of the subset of custom
harvester drivers under the age of 21.
This information will aid in assessing
the safety impacts of the USCHI
exemption prior to the expiration of the
two-year provisional renewal.
V. Exemption Decision
A. Grant of Two-Year Exemption
FMCSA provisionally renews the
exemption for a period of two years,
subject to the new terms and conditions
of this decision and the absence of
public comments and data that would
cause the Agency to terminate the
exemption under Sec. V.E. below. The
exemption from the ‘‘K’’ intrastate
restriction on CDLs held by custom
harvester drivers operating in interstate
commerce is otherwise effective October
3, 2023, through October 3, 2025, at
11:59 p.m. local time, unless renewed or
rescinded.
B. Applicability of Exemption
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Custom Harvester Drivers
Custom harvester drivers will be able
to display this exemption notice to help
explain that when operating in that
capacity, they are permitted to operate
outside the state issuing their CDL even
though the license has a ‘‘K’’ (intrastate
only) restriction.
Enforcement Officers
This exemption notice will explain to
law enforcement officers that 49 CFR
391.2(a) authorizes custom harvester
drivers to operate in interstate
commerce even though they are under
21 years of age. The notice will explain
that a ‘‘K’’ restriction on these drivers’
CDLs does not limit them from driving
outside the license-issuing state when
they are operating as custom harvesters
in accordance with 49 CFR 391.2(a).
State Driver Licensing Agencies
This exemption requires no action or
inaction on the part of the state driver
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17:49 Oct 10, 2023
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licensing agencies. They will continue
to issue CDLs with a ‘‘K’’ restriction to
drivers under the age of 21.
C. Terms and Conditions
Requirements for the First 90 Days of
Provisional Two-Year Renewal
For the first 90 days of this
provisional two-year renewal of the
exemption, motor carriers and drivers
are subject to the following terms and
conditions:
(1) Drivers for custom harvesters
operating in interstate commerce shall
be exempt from any intrastate-only ‘‘K’’
restriction on their CDLs when
operating under the provisions of this
exemption.
(2) Drivers must have a copy of this
notice in their possession while
operating under the terms of the
exemption. The exemption document
must be presented to law enforcement
officials upon request.
(3) Drivers to be included in this
exemption are identified in 49 CFR
391.2 as those operating a CMV to
transport farm machinery, supplies, or
both, to or from a farm for custom
harvesting operations on a farm; or
transport custom-harvested crops to
storage or market.
(4) To ensure that the driver is
authentically operating as a custom
harvester, he or she should be able to
provide at least three of the following
methods of verification:
(a) The driver may have on hand a
valid custom harvesting document such
as a current-date agricultural
commodity scale sheet, a current-date
custom harvesting load sheet, an official
company document stating the
company’s purpose, etc.;
(b) The CMV may have license plates
specific to custom harvesting, or the
verbiage ‘‘Harvesting’’ may be part of
the business signage on the vehicle;
(c) The CMV may be designed to haul
a harvested agricultural commodity or
equipment for harvesting or be a
support vehicle for custom-harvesting
operations, such as a service truck;
(d) The CMV may be hauling a
harvested agricultural commodity or
equipment for the purpose of custom
harvesting;
(e) The CMV may have a newly
harvested commodity or remnants on
board;
(f) The driver will be able to provide
a verifiable location of the current
harvesting operation or delivery
location for a harvested commodity.
Requirements After the First 90 Days of
the Provisional Renewal
After the first 90 days of this
exemption notice, motor carriers and
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70433
drivers are subject to the following
terms and conditions:
(1) Drivers for custom harvesters
operating in interstate commerce shall
be exempt from any intrastate-only ‘‘K’’
restriction on their CDLs when
operating under the provisions of this
exemption.
(2) Drivers must have a copy of this
notice in their possession while
operating under the terms of the
exemption. The exemption document
must be presented to law enforcement
officials upon request.
(3) Drivers to be included in this
exemption are identified in 49 CFR
391.2 as those operating a CMV to
transport farm machinery, supplies, or
both, to or from a farm for custom
harvesting operations on a farm; or
transport custom-harvested crops to
storage or market.
(4) The USCHI must provide FMCSA
with a list of motor carrier USDOT
numbers that are engaged in custom
farm operations. The driver must be
working for a motor carrier with a
USDOT number identified in the most
current list provided to FMCSA by
USCHI.
Requirements for Notification to
FMCSA
Within 30 days of this notice, the
USCHI must provide FMCSA with the
USDOT numbers of the motor carriers
that will be operating under this
exemption. The USCHI must notify
FMCSA within five business days of any
crash (as defined in 49 CFR 390.5),
involving any of the drivers operating
under the terms of the exemption. The
notification must include the following
information:
(a) Identity of Exemption: ‘‘USCHI
Renewal,’’
(b) Name of the custom harvester
employer and USDOT number,
(c) Date of the crash,
(d) Origin and intended destination of
the USCHI driver’s trip and the distance
(in miles) of the crash from the driver’s
home terminal,
(e) Driver’s name, license number,
and age,
(f) Vehicle number and State license
number,
(g) Number of individuals suffering
physical injury (including fatalities),
(h) Number of fatalities,
(i) The police-reported circumstances
of the crash,
(j) Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations,
(k) The driver’s total driving time and
total on-duty time period prior to the
accident,
(l) Information about what safety
training, if any, was provided to the
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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices
under-21 years of age farm custom
operator driver after the driver obtained
a CDL, and
(m) A scanned copy of the police
accident report.
Reports filed under this provision
shall bee-mailed to MCPSD@DOT.GOV.
D. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no state shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
E. Termination
The exemption will be rescinded if:
(1) the USCHI, motor carriers, and
drivers operating under the exemption
fail to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objects of 49 U.S.C.
31136(e) and 31315.
Should FMCSA receive notice of any
potential adverse safety impacts,
FMCSA will take all steps necessary to
protect the public interest, including
revocation or restriction of the
exemption if necessary. FMCSA may
immediately revoke or restrict the
exemption for failure to comply with its
terms and conditions.
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VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested parties on
USCHI’s application for exemption
renewal. 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
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17:49 Oct 10, 2023
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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.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–22442 Filed 10–10–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Internal Revenue Service Advisory
Council; Meeting
Internal Revenue Service,
Department of Treasury.
ACTION: Notice of meeting.
AGENCY:
The Internal Revenue Service
Advisory Council will hold a public
meeting.
SUMMARY:
The meeting will be held
Thursday, November 9, 2023.
ADDRESSES: The meeting will be held in
person.
FOR FURTHER INFORMATION CONTACT: Ms.
Anna Brown, Office of National Public
Liaison, at 202–317–6564 or send an
email to PublicLiaison@irs.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to 5 U.S.C.
10(a)(2) of the Federal Advisory
Committee Act, that a public meeting of
the Internal Revenue Service Advisory
Council (IRSAC) will be held on
Thursday, November 9, 2023, from 9:00
a.m. to 1:00 p.m. EST.
The meeting will be held in person at
1111 Constitution Ave. NW,
Washington, DC. To register, members
of the public may contact Ms. Anna
Brown at 202–317–6564 or send an
email to PublicLiaison@irs.gov.
Attendees are encouraged to arrive at
the IRS visitor center at 1111
Constitution Ave. NW, 30 minutes
before the meeting begins.
DATES:
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Issues to be discussed may include,
but are not limited to: Budget Shortfalls
Need to be Addressed with Lawmakers;
Section 6050W Guidance Needed for
Filers of Form 1099–K; Corrections of
State Information on Information
Returns Should be Included in the
Combined Federal/State Filing (CF/SF)
Program; Section 302 Escrow and
Certification Procedure; Increase Use of
Pre-Filing Agreements and Other Tax
Certainly Programs; Accelerate Issuance
of Section 174 Guidance; Timely Obtain
EINs to Comply with the Corporate
Transparency Act Requirements;
Accelerate Issuance of IRS Form 6166,
Certificate of Residency; Acceptance of
Tax Payments in Cryptocurrency;
Impact on Taxpayers of Modifying Form
709, United States Gift (and GenerationSkipping Transfer) Tax Return; Form
1099–K Reporting; Modifying Form
2290, Heavy Highway Vehicle Use Tax
Return; IRS Paid Preparer Due Diligence
Penalties; Field Collections Customer
Service; Recommendations on SelfCorrection Guidance for Employee
Plans; Recommendations for the NonBank Trustee Program;
Recommendations for More Effective
Engagement Between the IRS and
Exempt Organizations;
Recommendations for Effective
Engagement for Section 218 and 218A
Agreements; Recommendations for
Increasing the Tax Reporting Threshold
for Slot Machine Jackpot Winnings;
Prior Year DIY Product; Notices and
Communication; Forms Modernization;
and Modernizing the ITIN Process. Lastminute agenda changes may preclude
advance notice.
Should you wish the IRSAC to
consider a written statement germane to
the Council’s work, file the statement by
sending an email to PublicLiaison@
irs.gov by November 7, 2023.
Dated: October 4, 2023.
John A. Lipold,
Designated Federal Official, Office of
National Public Liaison, Internal Revenue
Service.
[FR Doc. 2023–22436 Filed 10–10–23; 8:45 am]
BILLING CODE 4830–01–P
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]]>Agencies
[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
[Notices]
[Pages 70431-70434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22442]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0133]
Commercial Driver's License (CDL): Application for Exemption
Renewal; U.S. Custom Harvesters, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew a U.S.
Custom Harvesters, Inc. (USCHI) exemption from the ``K'' intrastate
restriction on commercial driver's licenses (CDLs) for custom harvester
drivers operating in interstate commerce for a two-year period, with
additional terms and conditions. FMCSA's regulations currently provide
an exception to the minimum age requirements for drivers of commercial
motor vehicles (CMVs) controlled and operated by a person engaged in
interstate custom harvesting. However, under the Agency's CDL
regulations, States may include an intrastate-only (or ``K'')
restriction for these drivers. This provisional renewal of the
exemption continues relief from the CDL provision for two years.
DATES: This renewed exemption is effective October 3, 2023, through
October 3, 2025. Comments must be received on or before November 13,
2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0133 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.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2017-0133) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit 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.
Privacy Act: 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 www.regulations.gov. As described in the
system of records notice DOT/ALL 14-FDMS, which can be reviewed at
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. La Tonya Mimms, Chief, Driver and
Carrier Operations Division, Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 366-9220 or [email protected]. If
you have questions on viewing or submitting material to the docket,
contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
[[Page 70432]]
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0133), indicate the specific section of this
document to which the comment applies, and provide a reason for your
suggestions or recommendations. You may submit your comments and
material online, 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 body of
your document so the agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number ``FMCSA-2017-0133'' 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\1/2\ 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 the 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 with 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 maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the name of the person or class of
persons receiving the exemption and the regulatory provision from which
that party is exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
USCHI describes the operations of its member companies as supplying
equipment and labor to assist farmers with harvesting during their
busiest seasons and provides the following summary of the nature of
these operations:
Typically, there are two different classes of operations, grain
harvesting and forage harvesting. A grain harvester uses combines to
harvest wheat, corn, barley, canola, sunflowers, soybeans, and grain
sorghum, among others. These crop products are transported to an
elevator or on-farm storage, where the crop is stored and later
transported elsewhere to be processed into products for public use.
A forage harvester uses a chopper to harvest whole-plant crops such
as corn, sorghum, milo, triticale, and alfalfa. These crops are used
for silage to feed livestock in dairies and feedlots. Some operators
harvest crops such as cotton that require other specialized
equipment. Custom harvesters travel from State to State and can
spend from a few days to several months cutting crops for one
farmer.
Customer harvesters frequently employ drivers younger than 21 years
of age, who are issued CDLs with a ``K'' restriction that makes the
license valid only for operations within the issuing state (49 CFR
383.23(a)(2) and 49 CFR 383.153(a)(10)(vii)). Under an exception in
place since 1971, the 21-year-old age requirement, however, does not
apply to a CMV driver who drives a CMV controlled and operated by a
person engaged in custom-harvesting operations, provided that certain
conditions are met. (49 CFR 391.2). Those drivers are therefore allowed
to drive in interstate custom harvesting operations notwithstanding the
``K'' restriction on their licenses.
USCHI states that even though CMV drivers engaged in custom
harvesting are excepted from the 21-year-old requirement, they are
frequently cited during roadside inspections because of the presence of
the ``K'' restriction on their license. USCHI states that this issue
impacts the safety records of drivers and employers.
On October 3, 2018, FMCSA granted USCHI's original exemption
request, providing relief from the requirements of 49 CFR 383.23(a)(2)
and 49 CFR 383.153(a)(10)(vii) for a period of five years (expiring
October 3, 3023). FMCSA noted that although it was granting the
exemption, the exemption did not require any special action or
processing by the state driver licensing agencies, who will continue to
place the ``K'' restriction when called for, but enforcement officers
will disregard it in situations involving drivers who can demonstrate
eligibility for the custom harvester exemption. (83 FR 49977, 49978).
USCHI asks the Agency to renew its exemption for another five-year
period, subject to terms and conditions, to allow law enforcement
officers to determine that the driver is operating in custom harvester
operations. For example, USCHI proposes that the driver be required to
provide at least three methods of verification while en route. A copy
of USCHI's request for an exemption renewal is available for review in
the docket for this notice.
IV. Equivalent Level of Safety
FMCSA is not aware of any evidence showing that allowing the
exemption concerning the intrastate-only ``K'' restriction, has
resulted in any degradation in safety. Interstate operations for non-
CDL custom harvester drivers younger than 21 are allowed pursuant to 49
CFR 391.2(a), and intrastate operations for CDL custom harvester
drivers under the age of 21 can be accomplished under 49 CFR
383.23(a)(2) and 383.153(a)(10)(vii). The requested exemption allows
interstate CDL custom harvester drivers under the age of 21, which
mirror what these drivers are allowed to do in intrastate custom
harvester operations.
The Agency notes that, likely through miscommunications and
misunderstandings between the Agency, USCHI and its membership, certain
crashes involving the drivers operating under the exemption were not
reported to the Agency during the first 5-year exemption. FMCSA's
review of USCHI members' data indicates there have been crashes which
could be considered preventable. The Agency obtained 14 police crash
reports involving custom harvester operators under the age of 21.
However, given the 5-year period of the exemption, and a lack of
information on the age peer group within the agricultural driver
population, there is insufficient information to conclude that the
exemption has resulted in a degradation of safety.
FMCSA therefore concludes that provisionally extending the
exemption for two years and enhancing the terms and conditions to
assist the Agency's oversight of the exemption will likely maintain a
level of safety that is equivalent to, or greater than, the level of
safety that would be achieved without the exemption. During the two-
year period of the provisionally extended exemption, in addition to
[[Page 70433]]
enhancing the terms and conditions of the exemption, FMCSA will
initiate a data analysis project to examine the safety performance of
custom harvester drivers under the age of 21, in comparison to other
drivers in the agriculture sector of the motor carrier industry. The
data collection period will occur during the fall of 2023, after which
FMCSA will begin analyzing the data. The Agency currently has violation
data on motor carriers that utilize the transportation of agricultural
commodities exception to the hours-of-service rules, and the new study
will assist the Agency in conducting a more in-depth analysis of their
safety performance as a group and the safety performance of the subset
of custom harvester drivers under the age of 21. This information will
aid in assessing the safety impacts of the USCHI exemption prior to the
expiration of the two-year provisional renewal.
V. Exemption Decision
A. Grant of Two-Year Exemption
FMCSA provisionally renews the exemption for a period of two years,
subject to the new terms and conditions of this decision and the
absence of public comments and data that would cause the Agency to
terminate the exemption under Sec. V.E. below. The exemption from the
``K'' intrastate restriction on CDLs held by custom harvester drivers
operating in interstate commerce is otherwise effective October 3,
2023, through October 3, 2025, at 11:59 p.m. local time, unless renewed
or rescinded.
B. Applicability of Exemption
Custom Harvester Drivers
Custom harvester drivers will be able to display this exemption
notice to help explain that when operating in that capacity, they are
permitted to operate outside the state issuing their CDL even though
the license has a ``K'' (intrastate only) restriction.
Enforcement Officers
This exemption notice will explain to law enforcement officers that
49 CFR 391.2(a) authorizes custom harvester drivers to operate in
interstate commerce even though they are under 21 years of age. The
notice will explain that a ``K'' restriction on these drivers' CDLs
does not limit them from driving outside the license-issuing state when
they are operating as custom harvesters in accordance with 49 CFR
391.2(a).
State Driver Licensing Agencies
This exemption requires no action or inaction on the part of the
state driver licensing agencies. They will continue to issue CDLs with
a ``K'' restriction to drivers under the age of 21.
C. Terms and Conditions
Requirements for the First 90 Days of Provisional Two-Year Renewal
For the first 90 days of this provisional two-year renewal of the
exemption, motor carriers and drivers are subject to the following
terms and conditions:
(1) Drivers for custom harvesters operating in interstate commerce
shall be exempt from any intrastate-only ``K'' restriction on their
CDLs when operating under the provisions of this exemption.
(2) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request.
(3) Drivers to be included in this exemption are identified in 49
CFR 391.2 as those operating a CMV to transport farm machinery,
supplies, or both, to or from a farm for custom harvesting operations
on a farm; or transport custom-harvested crops to storage or market.
(4) To ensure that the driver is authentically operating as a
custom harvester, he or she should be able to provide at least three of
the following methods of verification:
(a) The driver may have on hand a valid custom harvesting document
such as a current-date agricultural commodity scale sheet, a current-
date custom harvesting load sheet, an official company document stating
the company's purpose, etc.;
(b) The CMV may have license plates specific to custom harvesting,
or the verbiage ``Harvesting'' may be part of the business signage on
the vehicle;
(c) The CMV may be designed to haul a harvested agricultural
commodity or equipment for harvesting or be a support vehicle for
custom-harvesting operations, such as a service truck;
(d) The CMV may be hauling a harvested agricultural commodity or
equipment for the purpose of custom harvesting;
(e) The CMV may have a newly harvested commodity or remnants on
board;
(f) The driver will be able to provide a verifiable location of the
current harvesting operation or delivery location for a harvested
commodity.
Requirements After the First 90 Days of the Provisional Renewal
After the first 90 days of this exemption notice, motor carriers
and drivers are subject to the following terms and conditions:
(1) Drivers for custom harvesters operating in interstate commerce
shall be exempt from any intrastate-only ``K'' restriction on their
CDLs when operating under the provisions of this exemption.
(2) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request.
(3) Drivers to be included in this exemption are identified in 49
CFR 391.2 as those operating a CMV to transport farm machinery,
supplies, or both, to or from a farm for custom harvesting operations
on a farm; or transport custom-harvested crops to storage or market.
(4) The USCHI must provide FMCSA with a list of motor carrier USDOT
numbers that are engaged in custom farm operations. The driver must be
working for a motor carrier with a USDOT number identified in the most
current list provided to FMCSA by USCHI.
Requirements for Notification to FMCSA
Within 30 days of this notice, the USCHI must provide FMCSA with
the USDOT numbers of the motor carriers that will be operating under
this exemption. The USCHI must notify FMCSA within five business days
of any crash (as defined in 49 CFR 390.5), involving any of the drivers
operating under the terms of the exemption. The notification must
include the following information:
(a) Identity of Exemption: ``USCHI Renewal,''
(b) Name of the custom harvester employer and USDOT number,
(c) Date of the crash,
(d) Origin and intended destination of the USCHI driver's trip and
the distance (in miles) of the crash from the driver's home terminal,
(e) Driver's name, license number, and age,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury (including
fatalities),
(h) Number of fatalities,
(i) The police-reported circumstances of the crash,
(j) Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations,
(k) The driver's total driving time and total on-duty time period
prior to the accident,
(l) Information about what safety training, if any, was provided to
the
[[Page 70434]]
under-21 years of age farm custom operator driver after the driver
obtained a CDL, and
(m) A scanned copy of the police accident report.
Reports filed under this provision shall bee-mailed to
[email protected].
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no state shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
E. Termination
The exemption will be rescinded if: (1) the USCHI, motor carriers,
and drivers operating under the exemption fail to comply with the terms
and conditions of the exemption; (2) the exemption has resulted in a
lower level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objects of 49 U.S.C. 31136(e) and 31315.
Should FMCSA receive notice of any potential adverse safety
impacts, FMCSA will take all steps necessary to protect the public
interest, including revocation or restriction of the exemption if
necessary. FMCSA may immediately revoke or restrict the exemption for
failure to comply with its terms and conditions.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested parties on USCHI's application for
exemption renewal. 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.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-22442 Filed 10-10-23; 8:45 am]
BILLING CODE 4910-EX-P
