Entry-Level Driver Training; Albert Farley Jr.; Application for Exemption, 97700-97702 [2024-28764]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97700-97702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28764]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0253]


Entry-Level Driver Training; Albert Farley Jr.; 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 Albert Farley Jr. has requested an 
exemption from the theory and behind-the-wheel (BTW) instructor 
requirements contained in the entry-level driver training (ELDT) 
regulations for himself as a prospective training instructor. Mr. 
Farley Jr. seeks an exemption from the requirement that instructors 
have at least two years of driving experience of the same or higher 
class and/or the same endorsement level as the commercial motor vehicle 
(CMV) to be operated to satisfy the instructor requirements under the 
ELDT regulations. FMCSA requests public comment on the applicant's 
request for exemption.

DATES: Comments must be received on or before January 8, 2025.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2024-0253 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, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 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-2024-0253) 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,

[[Page 97701]]

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 regulatory 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 under the ``Department 
Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments 
are posted without edit and are searchable by the name of the 
submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-2722; [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-2024-0253), 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 and put 
the docket number ``FMCSA-2024-0253'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on the ``Comment'' 
button and type your comment into the text box in 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.

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at [email protected]. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

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 any safety analyses submitted by the applicant. 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)). The exemption may be renewed (49 CFR 
381.300(b)).

III. Applicant's Request

    Albert Farley, Jr. requests an exemption from the two-year road 
time requirement for a Class A CDL in 49 CFR 380.301. Although Mr. 
Farley's application references 49 CFR 380.301, section 380.301 applies 
to Longer Combination Vehicle (LCV) instructor requirements. FMCSA 
contacted Mr. Farley and confirmed that he is a Class A CDL holder who 
instructs Class A and B CDL students and does not seek to be an LCV 
instructor. FMCSA clarified that Mr. Farley requests an exemption from 
the requirement in the ELDT regulations in 49 CFR 380.605 that theory 
and BTW instructors have at least two years of driving experience of 
the same or higher class and/or the same endorsement level as the CMV 
to be operated.
    Mr. Farley requests the exemption due to the growing demand for 
Class A CDL operators in his county, as agricultural hauling and 
logging are two primary industries that rely heavily on these drivers. 
He further asserts that there is an urgent need for CDL instructors as 
there are only three driver training schools that offer such training. 
The applicant adds that over the past 32 years, he has gained valuable 
experience as a bus driver, and in the last two years he has taken on 
the role of instructor to address the bus driver shortage by becoming a 
Class 1 CDL--Bus Driver Education Instructor. The applicant further 
states that fulfilling the two-year road requirement in the ELDT rules 
would pose a financial strain and create a void in his current 
workplace. Mr. Farley's application includes three letters of support 
emphasizing Mr. Farley's work experience and the need for more Class A 
instructors.
    A copy of Albert Farley Jr.'s application for exemption and the 
letters in support of his application are 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 Albert Farley, Jr.'s application 
for an exemption from the requirements in 49 CFR 380.605 from the 
definition of a Theory and Behind-the-wheel (BTW) instructor, which 
would allow Mr. Farley to become a class A CDL instructor without two 
years of interstate driving on his class A CDL license. All comments 
received before

[[Page 97702]]

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. 2024-28764 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-EX-P