Commercial Driver's License (CDL): Application for Exemption Renewal; U.S. Custom Harvesters, Inc., 51589-51592 [2024-13323]
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Federal Register / Vol. 89, No. 118 / Tuesday, June 18, 2024 / Notices
level of safety as the existing
regulations.
B. Applicability of Exemption
During the provisional exemption
period, motor carriers operating CMVs
may utilize certain alternative methods
for the securement of agricultural
commodities transported in wood and
plastic boxes and bins and large
fiberglass tubs, as well as hay, straw,
and cotton bales that are grouped
together into large singular units, as
proposed by AFTC in its original
exemption application.
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C. Terms and Conditions
1. General:
• Motor carriers and CMVs operating
under this exemption must comply with
all other applicable FMCSRs (49 CFR
parts 350–399), unless specifically
exempted from a requirement.
2. Limitation of Exemption:
• This exemption applies exclusively
to CMVs transporting agricultural
commodities in wood and plastic boxes
and bins and large fiberglass tubs, as
well as hay, straw, and cotton bales that
are grouped together into large singular
units.
3. Recurring Data Reporting
Requirements:
• AFTC must provide recurring
yearly data submissions to include
information on crashes and incidents
involving a CMVs transporting
agricultural commodities in wood and
plastic boxes and bins and large
fiberglass tubs, as well as hay, straw,
and cotton bales that are grouped
together into large singular units. The
first submission is due 5 months after
the date of publication of this
exemption renewal in the Federal
Register, and, if the exemption is
extended, subsequent submissions are
due every 12-months thereafter until the
exemption expires or is revoked.
• The yearly data submissions must
be sent via email to FMCSA at MCPSD@
dot.gov.
• If AFTC lacks certain categories of
information, alternative information
may be discussed with FMCSA and
submitted if approved.
4. Data Reporting Requirements for
Crashes and Incidents:
• At the end of each 12-month period,
AFTC must submit a report detailing
crash rates, vehicle miles traveled,
number and type of CMVs operating
under the exemption, information
including dates of the crash or incident,
time, location, and a brief description of
the event.
• AFTC must provide any available
information indicating malfunction of
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the alternative cargo securement
methods.
5. Meetings:
• AFTC must meet with FMCSA
upon request to answer questions
regarding data and information
provided under the exemption.
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 that
conflicts with or is inconsistent with
this exemption with respect to a person
operating under the exemption. States
may, but are not required to, adopt the
same exemption with respect to
operations in intrastate commerce.
E. Revocation
The exemption will be valid for 6
months as provided in section V.A.
above, unless revoked earlier by
FMCSA. FMCSA does not believe that
motor carriers, drivers, and CMVs
covered by the exemption will
experience any deterioration of safety
below the level that would be achieved
without the exemption. However,
should the exemption result in a lower
level of safety than was maintained
before it was granted, FMCSA will take
all steps necessary to protect the public
interest, including revocation of the
exemption without prior notice. The
exemption will be immediately revoked
if: (1) motor carriers, drivers, and/or
CMVs 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 objectives of 49 U.S.C.
31136 or chapter 313.
Interested parties possessing
information that would demonstrate
that this exemption or motor carriers
operating CMVs utilizing certain
alternative methods for the securement
of agricultural commodities transported
in wood and plastic boxes and bins and
large fiberglass tubs, as well as hay,
straw, and cotton bales that are grouped
together into large singular units are not
achieving the requisite statutory level of
safety should immediately notify
FMCSA by email at MCPSV@DOT.GOV.
The Agency will evaluate any such
information and, if safety is being
compromised or if the continuation of
the exemption is not consistent with the
goals and objectives of 49 U.S.C. 31136
or chapter 313, will take immediate
steps to revoke the exemption.
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51589
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
AFTC’s application for renewal of the
exemption from 49 CFR 393.102,
393.106, 393.110, and 393.114. 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.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–13324 Filed 6–17–24; 8:45 am]
BILLING CODE 4910–EX–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.
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
renewal of exemption.
AGENCY:
FMCSA announces its final
decision to renew the U.S. Custom
Harvesters, Inc. (USCHI) exemption
from the intrastate restriction (‘‘K’’) 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)
engaged in custom harvesting
operations in interstate commerce.
However, under the Agency’s CDL
regulations, States may impose an
intrastate-only (or ‘‘K’’) restriction for
these drivers. On October 11, 2023,
FMCSA announced its decision to
provisionally renew USCHI’s exemption
for two years, pending a review of any
comments received in response to that
SUMMARY:
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notice. After reviewing the four
comments submitted to the docket,
which are discussed later in this notice,
the Agency believes that drivers who
qualify for the exemption will likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety that would be achieved by
complying with the ‘‘K’’ restriction.
DATES: This renewed exemption became
effective October 3, 2023, and continues
through October 3, 2025.
FOR FURTHER INFORMATION CONTACT: La
Tonya Mimms, Chief, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA; (202) 366–9220;
latonya.mimms@dot.gov. If you have
questions on viewing material to the
docket, contact Dockets Operations at
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation; Viewing
Comments and Documents
To view comments, go to
www.regulations.gov, insert 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,
and click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2017–0133’’ in
the keyword box, click ‘‘Search,’’ and
choose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets 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.
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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.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely maintain a level
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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
reasons for the denial (49 CFR
381.315(c)(2)).
III. Background
Current Regulatory Requirements
The Federal Highway Administration
adopted section 391.2(a) of title 49 of
the Code of Federal Regulations (CFR)
on December 22, 1971 (36 FR 24218).
Under this provision, drivers of CMVs
operated by a person engaged in custom
harvesting are exempt from all of part
391, including the requirement to be at
least 21 years of age to operate a CMV
in interstate commerce. State Driver
Licensing Agencies (SDLAs) issue a ‘‘K’’
restriction on drivers who are under the
age of 21 to permit these drivers to
operate a CMV within the issuing State
only. Section 391.2(a) does not preempt
State CDL regulations, such as the
requirement in 49 CFR 383.23(a)(2) to
‘‘[possess] a CDL which meets the
standards contained in subpart J of this
part,’’ including any ‘‘K’’ restriction
imposed under 49 CFR
383.153(a)(10)(vii) of subpart J.
Original Exemption
On October 3, 2018, FMCSA
published a notice granting USCHI an
exemption from 49 CFR 383.23(a)(2) and
49 CFR 383.153(a)(10)(vii) for a period
of five years; the exemption expired on
October 3, 2023 (83 FR 49977). In its
2018 decision, FMCSA noted that
although it was granting the exemption,
the exemption ‘‘did not require any
special action or processing’’ by the
SDLAs who would continue to place the
‘‘K’’ restriction when called for, but
enforcement officers would disregard it
in situations involving drivers who can
demonstrate eligibility for the custom
harvester exemption set forth in 49 CFR
391.2(a).
Application for Renewal of Exemption
USCHI requested a renewal of its
exemption for a five-year period. USCHI
stated that it frequently employs drivers
younger than 21 years of age, who are
issued CDLs with a ‘‘K’’ restriction.
Under an exception in place since 1971,
the requirement that CMV drivers must
be at least 21-years old does not apply
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to a CMV driver who drives a CMV
while engaged in custom-harvesting
operations, provided that certain
conditions are met (49 CFR 391.2(a)).
Under the exemption, drivers under 21
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 licenses. USCHI states that this
issue negatively impacts the safety
records of drivers and employers.
USCHI asks the Agency to renew its
exemption for another five-year period,
subject to terms and conditions, that
would 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. Provisional Renewal of Exemption
On October 11, 2023, after review of
USCHI’s renewal application, FMCSA
published its decision to provisionally
grant a two-year renewal of the
exemption effective October 3, 2023,
through October 3, 2025, and requested
public comment (88 FR 70431). The
Agency makes that renewal final for the
remainder of the two-year period.
The October 11 notice of provisional
renewal announced terms and
conditions that applied to operations for
the first 90 days after the notice and,
separately, certain replacement or
additional requirements that would
apply beginning 90 days later, i.e., after
January 9, 2024 (88 FR at 70433).
Today’s notice supersedes the October
11, 2023, notice and finalizes the
provisionally granted two-year
exemption, through October 3, 2025.
V. Public Comments
Four comments were submitted to the
docket, all in support of renewing the
exemption. USCHI acknowledged the
terms and conditions in the exemption
renewal, stating ‘‘USCHI understands
the required and critical need to achieve
a level of safety equivalent to, or greater
than, the level that would be achieved
by the currently (sic) regulation under
this exemption.’’ USCHI also contended
that its members operate with the
utmost regard for safety and
responsibility, stating that USCHI
members ‘‘provide additional
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mentorship and on the job training for
younger drivers once they receive their
CDL. USCHI also hosts multiple safety
events for its members each year.’’ Heil
Harvesting, LLC’s supporting comment
emphasized the need for the exemption
stating that ‘‘[w]orkers to help harvest
the nation’s crops are increasingly
difficult to locate and hire, and
eliminating drivers younger than age 21
from the employee pool creates a severe
hardship for harvesters’ businesses.’’
Beau Froese said ‘‘[w]e travel through
Texas, Oklahoma, Kansas, Colorado and
Nebraska and would have a serious
problem meeting the harvesting needs of
the producers that we serve were we
unable to use 18, 19 and 20 year old
drivers.’’ Lastly, Mychal Neumiller
provided the following supporting
statement: ‘‘[o]ur business spends many
hours training young employees on back
roads and around our farm before
allowing any of them to get on the road
with us. Without these young people,
most harvesters wouldn’t be able to get
the crops out of the fields for our
farmers.’’
VI. Response to Public Comments and
Agency Decision
FMCSA has evaluated the public
comments and now issues this final
decision affirming its provisional
decision to renew the exemption for a
two-year period. USCHI fulfilled the 30day requirement of the provisional
exemption’s terms and conditions and
has provided a list of USDOT numbers
of the motor carriers that will be
operating under this exemption; this list
is available in the docket. FMCSA is not
aware of any evidence showing that
allowing the exemption from the
intrastate-only ‘‘K’’ restriction has
resulted in any degradation in safety.
Interstate operations for non-CDL
custom harvester drivers younger than
21 are currently 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 Agency notes that, likely through
miscommunications and
misunderstandings among the Agency,
USCHI, and its membership, certain
crashes involving the drivers operating
under the exemption were not reported
to the Agency during the first five-year
exemption. FMCSA’s review of USCHI
members’ data indicates there have been
crashes that could be considered
preventable. The Agency obtained 14
police crash reports involving custom
harvester operators under the age of 21.
However, given the five-year period of
the previous exemption, the size of
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USCHI’s membership,1 and a lack of
information on the age peer group
within the agricultural driver
population as a baseline, the Agency
does not find sufficient information to
conclude that the previous 5-year
exemption resulted in a degradation of
safety.
Nevertheless, as a safety precaution,
FMCSA is extending the exemption for
two years instead of the requested five
years and enhancing the terms and
conditions of the exemption to assist the
Agency’s oversight. Under the modified
exemption, custom harvester drivers
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
extended exemption, in addition to
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 for this
project has been initiated, and FMCSA
has begun analyzing the data as
referenced in the provisional exemption
notice. 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 renewal.
VII. Exemption Decision
A. Grant of Two-Year Exemption
FMCSA renews the exemption for a
period of two years, subject to the terms
and conditions of this decision. 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 under 21
years of age will be able to display this
1 USCHI’s website indicates they have
approximately 420 Regular members and 180
Associate members.
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51591
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 CDL-issuing State when they
are operating as custom harvesters in
accordance with 49 CFR 391.2(a) and
this exemption.
State Driver Licensing Agencies
This exemption requires no action or
inaction on the part of the SDLAs. They
will continue to issue CDLs with a ‘‘K’’
restriction to drivers under the age of
21.
C. Terms and Conditions
Motor carriers and drivers operating
under the exemption are subject to the
following terms and conditions:
(1) Drivers engaged in custom
harvesting operations 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 whom this exemption
applies are identified in 49 CFR 391.2(a)
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 transporting
custom-harvested crops to storage or
market.
(4) To ensure that the drivers are
legitimately operating as a custom
harvester, they 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, or the verbiage
‘‘Harvesting’’ may be part of the
business signage on the vehicle;
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(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.
(5) The USCHI must provide FMCSA
with a list of motor carrier USDOT
numbers that are engaged in custom
farm operations every 90 days. The
driver must be working for a motor
carrier with a USDOT number identified
in the most current list provided to
FMCSA by USCHI. See additional
FMCSA notification requirements in
Section VII.E below. This exemption
applies to USCHI members only.
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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. Notification to FMCSA
Starting in May of 2024 and every 90
days thereafter, 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
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(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 drivers
operating under this exemption after the
driver obtained a CDL, and
(m) A scanned copy of the police
accident report.
Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
F. 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.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–13323 Filed 6–17–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0122]
Entry-Level Driver Training:
Application for Exemption; State of
Alaska
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for
renewal of exemption; request for
comments.
AGENCY:
FMCSA announces that it has
received an application from the State of
Alaska for a renewal of its exemption
from the limitations imposed by the
commercial driver’s license (CDL)
regulations on the State’s ability to issue
SUMMARY:
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restricted CDLs. The exemption renewal
would allow the State to waive specified
portions of the CDL skills test for drivers
who reside and operate in 14 defined
geographic areas that lack the
infrastructure to allow completion of the
full skills test. Drivers who receive a
restricted CDL under the provisions of
the current exemption would also be
exempt from the Entry-Level Driver
Training (ELDT) regulations. The State
of Alaska currently holds an exemption
for the period December 28, 2022,
through December 30, 2024, and
requests a five-year renewal of the
exemption. FMCSA requests public
comment on Alaska’s request for
exemption.
Comments must be received on
or before July 18, 2024.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2022–0122 using 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: Docket 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, Washington, DC,
between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number for
this notice (FMCSA–2022–0122). 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 on 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, 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
DATES:
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]]>Agencies
[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51589-51592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13323]
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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), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew the U.S. Custom
Harvesters, Inc. (USCHI) exemption from the intrastate restriction
(``K'') 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) engaged in custom harvesting operations in
interstate commerce. However, under the Agency's CDL regulations,
States may impose an intrastate-only (or ``K'') restriction for these
drivers. On October 11, 2023, FMCSA announced its decision to
provisionally renew USCHI's exemption for two years, pending a review
of any comments received in response to that
[[Page 51590]]
notice. After reviewing the four comments submitted to the docket,
which are discussed later in this notice, the Agency believes that
drivers who qualify for the exemption will likely achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be achieved by complying with the ``K'' restriction.
DATES: This renewed exemption became effective October 3, 2023, and
continues through October 3, 2025.
FOR FURTHER INFORMATION CONTACT: La Tonya Mimms, Chief, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-9220; [email protected]. If you
have questions on viewing material to the docket, contact Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation; Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert 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, and click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2017-0133'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets 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.
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.
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 reasons for the denial
(49 CFR 381.315(c)(2)).
III. Background
Current Regulatory Requirements
The Federal Highway Administration adopted section 391.2(a) of
title 49 of the Code of Federal Regulations (CFR) on December 22, 1971
(36 FR 24218). Under this provision, drivers of CMVs operated by a
person engaged in custom harvesting are exempt from all of part 391,
including the requirement to be at least 21 years of age to operate a
CMV in interstate commerce. State Driver Licensing Agencies (SDLAs)
issue a ``K'' restriction on drivers who are under the age of 21 to
permit these drivers to operate a CMV within the issuing State only.
Section 391.2(a) does not preempt State CDL regulations, such as the
requirement in 49 CFR 383.23(a)(2) to ``[possess] a CDL which meets the
standards contained in subpart J of this part,'' including any ``K''
restriction imposed under 49 CFR 383.153(a)(10)(vii) of subpart J.
Original Exemption
On October 3, 2018, FMCSA published a notice granting USCHI an
exemption from 49 CFR 383.23(a)(2) and 49 CFR 383.153(a)(10)(vii) for a
period of five years; the exemption expired on October 3, 2023 (83 FR
49977). In its 2018 decision, FMCSA noted that although it was granting
the exemption, the exemption ``did not require any special action or
processing'' by the SDLAs who would continue to place the ``K''
restriction when called for, but enforcement officers would disregard
it in situations involving drivers who can demonstrate eligibility for
the custom harvester exemption set forth in 49 CFR 391.2(a).
Application for Renewal of Exemption
USCHI requested a renewal of its exemption for a five-year period.
USCHI stated that it frequently employs drivers younger than 21 years
of age, who are issued CDLs with a ``K'' restriction. Under an
exception in place since 1971, the requirement that CMV drivers must be
at least 21-years old does not apply to a CMV driver who drives a CMV
while engaged in custom-harvesting operations, provided that certain
conditions are met (49 CFR 391.2(a)). Under the exemption, drivers
under 21 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 licenses. USCHI states that this issue
negatively impacts the safety records of drivers and employers.
USCHI asks the Agency to renew its exemption for another five-year
period, subject to terms and conditions, that would 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. Provisional Renewal of Exemption
On October 11, 2023, after review of USCHI's renewal application,
FMCSA published its decision to provisionally grant a two-year renewal
of the exemption effective October 3, 2023, through October 3, 2025,
and requested public comment (88 FR 70431). The Agency makes that
renewal final for the remainder of the two-year period.
The October 11 notice of provisional renewal announced terms and
conditions that applied to operations for the first 90 days after the
notice and, separately, certain replacement or additional requirements
that would apply beginning 90 days later, i.e., after January 9, 2024
(88 FR at 70433). Today's notice supersedes the October 11, 2023,
notice and finalizes the provisionally granted two-year exemption,
through October 3, 2025.
V. Public Comments
Four comments were submitted to the docket, all in support of
renewing the exemption. USCHI acknowledged the terms and conditions in
the exemption renewal, stating ``USCHI understands the required and
critical need to achieve a level of safety equivalent to, or greater
than, the level that would be achieved by the currently (sic)
regulation under this exemption.'' USCHI also contended that its
members operate with the utmost regard for safety and responsibility,
stating that USCHI members ``provide additional
[[Page 51591]]
mentorship and on the job training for younger drivers once they
receive their CDL. USCHI also hosts multiple safety events for its
members each year.'' Heil Harvesting, LLC's supporting comment
emphasized the need for the exemption stating that ``[w]orkers to help
harvest the nation's crops are increasingly difficult to locate and
hire, and eliminating drivers younger than age 21 from the employee
pool creates a severe hardship for harvesters' businesses.'' Beau
Froese said ``[w]e travel through Texas, Oklahoma, Kansas, Colorado and
Nebraska and would have a serious problem meeting the harvesting needs
of the producers that we serve were we unable to use 18, 19 and 20 year
old drivers.'' Lastly, Mychal Neumiller provided the following
supporting statement: ``[o]ur business spends many hours training young
employees on back roads and around our farm before allowing any of them
to get on the road with us. Without these young people, most harvesters
wouldn't be able to get the crops out of the fields for our farmers.''
VI. Response to Public Comments and Agency Decision
FMCSA has evaluated the public comments and now issues this final
decision affirming its provisional decision to renew the exemption for
a two-year period. USCHI fulfilled the 30-day requirement of the
provisional exemption's terms and conditions and has provided a list of
USDOT numbers of the motor carriers that will be operating under this
exemption; this list is available in the docket. FMCSA is not aware of
any evidence showing that allowing the exemption from the intrastate-
only ``K'' restriction has resulted in any degradation in safety.
Interstate operations for non-CDL custom harvester drivers younger than
21 are currently 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 Agency notes that, likely through miscommunications and
misunderstandings among the Agency, USCHI, and its membership, certain
crashes involving the drivers operating under the exemption were not
reported to the Agency during the first five-year exemption. FMCSA's
review of USCHI members' data indicates there have been crashes that
could be considered preventable. The Agency obtained 14 police crash
reports involving custom harvester operators under the age of 21.
However, given the five-year period of the previous exemption, the size
of USCHI's membership,\1\ and a lack of information on the age peer
group within the agricultural driver population as a baseline, the
Agency does not find sufficient information to conclude that the
previous 5-year exemption resulted in a degradation of safety.
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\1\ USCHI's website indicates they have approximately 420
Regular members and 180 Associate members.
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Nevertheless, as a safety precaution, FMCSA is extending the
exemption for two years instead of the requested five years and
enhancing the terms and conditions of the exemption to assist the
Agency's oversight. Under the modified exemption, custom harvester
drivers 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 extended exemption, in addition
to 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 for this project has been initiated, and FMCSA has
begun analyzing the data as referenced in the provisional exemption
notice. 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 renewal.
VII. Exemption Decision
A. Grant of Two-Year Exemption
FMCSA renews the exemption for a period of two years, subject to
the terms and conditions of this decision. 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 under 21 years of age 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 CDL-issuing State when
they are operating as custom harvesters in accordance with 49 CFR
391.2(a) and this exemption.
State Driver Licensing Agencies
This exemption requires no action or inaction on the part of the
SDLAs. They will continue to issue CDLs with a ``K'' restriction to
drivers under the age of 21.
C. Terms and Conditions
Motor carriers and drivers operating under the exemption are
subject to the following terms and conditions:
(1) Drivers engaged in custom harvesting operations 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 whom this exemption applies are identified in 49 CFR
391.2(a) 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 transporting custom-harvested crops to storage or market.
(4) To ensure that the drivers are legitimately operating as a
custom harvester, they 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, or the
verbiage ``Harvesting'' may be part of the business signage on the
vehicle;
[[Page 51592]]
(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.
(5) The USCHI must provide FMCSA with a list of motor carrier USDOT
numbers that are engaged in custom farm operations every 90 days. The
driver must be working for a motor carrier with a USDOT number
identified in the most current list provided to FMCSA by USCHI. See
additional FMCSA notification requirements in Section VII.E below. This
exemption applies to USCHI members only.
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. Notification to FMCSA
Starting in May of 2024 and every 90 days thereafter, 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
(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
drivers operating under this exemption after the driver obtained a CDL,
and
(m) A scanned copy of the police accident report.
Reports filed under this provision shall be emailed to
[email protected].
F. 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.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-13323 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-EX-P
