Commercial Driver's License; 3 North LLC; Application for Exemption, 49263-49264 [2024-12767]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49263-49264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12767]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0125]


Commercial Driver's License; 3 North LLC; Application for 
Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from 3 
North LLC for a 5-year exemption to enable 3 of its commercial driver's 
license (CDL) holders under the age of 21, with the requisite ``K'' 
restriction for intrastate-only operations, to drive commercial motor 
vehicles (CMVs) in intrastate operations in a State other than their 
State of domicile. The applicant indicates these individuals will drive 
less than 20 miles per day in intrastate commerce. FMCSA requests 
public comment on the applicant's request for exemption.

DATES: Comments must be received on or before July 11, 2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2024-0125 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-2024-0125) 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: If you do not have access to the internet, you may view the 
docket by visiting Docket Operations 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., 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, 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 posted without edit 
and are searchable by the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver, and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 385-2415; [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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2024-0125), 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 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 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, enter the 
docket number ``FMCSA-2024-0125'' 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 Federal Motor Carrier Safety Regulations (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 an 
opportunity to inspect the information relevant to the application, 
including the applicant's safety analyses. The Agency must provide an 
opportunity for public comment on the request.

[[Page 49264]]

    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 regulatory provision(s) from 
which the applicant will be 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. Applicant's Request

    The applicant, 3 North LLC, requests a 5-year exemption for 3 
drivers from 49 CFR 383.153(a)(10)(vii), which requires that CDLs 
issued to drivers under the age of 21 be marked with a ``K'' 
restriction limiting them to intrastate operations in the driver's 
State of domicile. The applicant utilizes a fleet of specialized 
construction equipment mounted on a straight truck chassis to transport 
concrete for wind turbine foundations. The applicant stated that it 
uses a different set of CDL holders to drive the CMVs across State 
lines. The exemption request is applicable to three drivers who would 
operate the CMVs in the State where work is being performed, but only 
after they have been driven to the State by CDL holders over the age of 
21. The applicant believes their operations would have no impact on the 
safety of U.S. highways because the three drivers will operate the CMVs 
for only 20 miles in one State once the CMVs have been driven from one 
State to another. The applicant believes that, absent the exemption, 
the progress towards green, renewable energy could be delayed, 
potentially causing the energy sector to postpone its transition away 
from carbon-generating sources of power.
    A copy of 3 North LLC'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 3 North LLC's exemption 
application. 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. 2024-12767 Filed 6-10-24; 8:45 am]
BILLING CODE 4910-EX-P