Commercial Driver's License; 3 North LLC; Application for Exemption, 97702-97703 [2024-28850]
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97702
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
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
DEPARTMENT OF TRANSPORTATION
II. Legal Basis
Federal Motor Carrier Safety
Administration
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 safety analyses submitted
by the applicant.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve 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)). If granted, the exemption
may be renewed (49 CFR 381.300(b)).
[Docket No. FMCSA–2024–0125]
Commercial Driver’s License; 3 North
LLC; Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny 3 North LLC’s request
for a 5-year exemption to enable 3 of its
commercial driver’s license (CDL)
holders under the age of 21, with a ‘‘K’’
restriction for intrastate-only operations,
to drive commercial motor vehicles
(CMVs) in intrastate operations in a
State other than their State of domicile.
FMCSA analyzed the application and
public comments and determined that
the exemption would not likely achieve
a level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Ms.
Bernadette Walker, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards, FMCSA; (202) 385–2415;
bernadette.walker@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Services, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in thein the
docket, go to www.regulations.gov,
insert docket number ‘‘FMCSA–2024–
0125’’ 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 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.
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2024–0125’’ in the
VerDate Sep<11>2014
16:08 Dec 06, 2024
Jkt 265001
III. Background
Current Regulation(s)/Requirements
Drivers of CMVs, as defined in
390.5T, operating in interstate
commerce, must be at least 21 years of
age (§ 391.11(b)(1)). CDL holders who
are younger than age 21 may drive in
intrastate commerce only in the driver’s
State of domicile. FMCSA’s CDL
regulations in 49 CFR 383.153(a)(10)(vii)
require that CDLs issued to drivers
limited to intrastate commerce be
marked with a ‘‘K’’ restriction.
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
Applicant’s Request
3 North LLC’s application for an
exemption was described in detail in
the Federal Register published on June
11, 2024 (89 FR 49263) and will not be
repeated here as the facts have not
changed.
IV. Public Comments
In the Federal Register Notice
announcing the receipt of 3 North LLC’s
application, FMCSA requested public
comments by July 11. FMCSA
subsequently extended the comment
period until July 25, 2024 (89 FR 56473)
because the exemption application was
not available for public review in the
docket until June 24, 2024.
The Agency received six comments,
one supporting the application, three
opposing, and two neither supporting
nor opposing it. The Hooper
Cooperation stated in support, ‘‘There
are many exceptions in the FMCSRs that
attempt to balance the need for public
safety with the common value of the
service being performed by the CMV
driver, including one relieving hours of
service requirements for utility service
vehicles. One would think similar
consideration could be made for the ‘K’
restricted CDL holder provided they
operate only in a route-defined
intrastate capacity when working on
projects outside of their home state.’’
Three commenters opposed the
exemption. The Truck Safety Coalition,
Citizens for Reliable and Safe Highways,
and Parents Against Tired Truckers
jointly stated, ‘‘This exemption request
is unsafe and defies all available
evidence for teen driving safety.’’ They
said about the applicant’s request, ‘‘No
data is cited regarding the vehicle
density of the alleged remote roads. No
reason is given why the company
cannot simply hire drivers with a CDL
age 21 or older. No additional
precautions are proposed for these
under-21 drivers to minimize risk to
themselves or others on the road or at
the job site. No effort is made to ensure
they achieve an equivalent or greater
level of safety with a high-risk cohort of
drivers.’’ The American Association of
Motor Vehicle Administrators
(AAMVA) stated that States use the
intrastate in a variety of different
circumstances, commenting, ‘‘the
application of the K restriction as
limited to intrastate operations is
specifically meant to ensure that the
driver, who has not met federal
regulatory obligations, is prevented from
moving to another jurisdiction and
exchanging a restricted driver’s license
for another restricted license. If the
license transfer process does not include
E:\FR\FM\09DEN1.SGM
09DEN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices
a reason for issuance, drivers may now
be allowed to operate in environments
for which they may not be qualified.’’
AWM Associates, LLC stated, ‘‘FMCSA
should not be interfering with state laws
regarding transfer of CDLs.’’
Dennis Murphy made the following
suggestion: ‘‘3 North LLC could
accomplish its goals of having 18–20year-old CDL holders operate in another
State by enrolling in the Safe Driver
Apprenticeship Program without
requiring any exemptions. This would
ensure that the 18–20-year-old CDL
holders who are operating in another
State than they hold a license in are
held to the same standards as any other
18–20-year-old CDL holder who wishes
to operate in a different state than they
hold a license in.’’ CL, an individual,
stated, ‘‘If an exemption is granted, the
exempted individuals should be
required to obtain a medical certificate.
This exemption must be tied to the three
(3) individuals and should not be
transferable once those individuals turn
21.’’
DEPARTMENT OF TRANSPORTATION
V. FMCSA Safety Analysis and
Decision
DATES:
FMCSA evaluated 3 North LLC’s
application and the public comments
and denies the exemption request.
Based on the information provided by
the applicant and commenters, the
Agency is unable to determine that the
applicant would likely achieve a level of
safety equivalent to, or greater than, the
level obtained by complying with the
regulation. FMCSA agrees with AAMVA
that allowing drivers with a ‘‘K’’
restriction to operate in States other
than their State of domicile could
disrupt and confuse each State’s use of
the ‘‘K’’ restriction and could allow
drivers to operate in environments for
which they may not be qualified.
Accordingly, the Agency would need
persuasive evidence that such
operations would likely achieve an
equivalent level of safety before
interfering with the ‘‘K’’ restriction.
Furthermore, FMCSA agrees that the
more appropriate path for motor carriers
interested in using individuals under
the age of 21 is the Agency’s Safe Driver
Apprenticeship Program (https://
www.fmcsa.dot.gov/sdap).
For the reasons stated above, 3 North
LLC’s exemption application is denied.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–28850 Filed 12–6–24; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
16:08 Dec 06, 2024
Jkt 265001
Office of the Secretary
[Docket No.: DOT–OST–2024–0130]
Public Interest Waiver of the
Application of Certain Domestic
Preference Requirements and Policies
for Transit-Oriented Development
Housing Projects
ACTION:
Notice; request for comment.
In order to expeditiously
deliver projects and provide meaningful
infrastructure results while ensuring the
appropriate application of domestic
content standards, the U.S. Department
of Transportation (DOT) is proposing a
waiver of the domestic preference
requirements to transit-oriented
development (TOD) projects that receive
credit assistance through the Build
America Bureau (the Bureau) under the
Transportation Infrastructure Finance
and Innovation Act (TIFIA) and
Railroad Rehabilitation and
Improvement Financing (RRIF) credit
programs.
SUMMARY:
Comments must be received by
December 24, 2024.
ADDRESSES: Comments on this notice
may be submitted to the U.S.
Government electronic docket site at
https://www.regulations.gov, Docket:
DOT–OST–2024–0130.
Note: All submissions received, including
any personal information therein, will be
posted without change or alteration to
https://www.regulations.gov. For more
information, you may review DOT’s complete
Privacy Act Statement published in the
Federal Register on April 11, 2000 (65 FR
19477).
For
questions about this notice, please
contact Duane Callender, US
Department of Transportation, Build
America Bureau, at 202–366–2300 or
Duane.Callender@dot.gov. For legal
questions, please contact, Jessica
Pettrone, DOT Office of the General
Counsel, at 202–366–8560 or
jessica.pettrone@dot.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
DOT has a longstanding policy of
requiring all projects, including TOD
projects, receiving TIFIA and RRIF
credit assistance to comply with
domestic steel, iron, and manufactured
products content requirements,
collectively known as ‘‘Buy America’’
requirements,1 even where not covered
1 As described in more detail below, after the
enactment of the Infrastructure Investment and Jobs
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
97703
by a specific Buy America statute. DOT
has consistently required for-profit
borrowers to comply with Buy America
requirements on projects receiving
credit assistance since TIFIA’s inception
in 1998 and since 2010 for RRIF,
whether or not appropriated funds were
used for the cost of the credit assistance.
Accordingly, because Buy America is
applied to all projects receiving TIFIA
or RRIF credit assistance, DOT, in an
effort to ensure transparency and
maintain consistency in the application
of Buy America standards for all
recipients (one rule for all projects and
borrowers), proposes to apply this
waiver to both projects with for-profit
borrowers that do not use any
appropriated funds for the cost of the
loan, to which Buy America
requirements are applied as a matter of
policy, as well as to projects with nonFederal entity borrowers (whether or not
such loans use appropriated funds), to
which Buy America requirements apply
as a matter of law. DOT proposes a
waiver of the Buy America
manufactured products requirement for
TIFIA and RRIF TOD projects that
include any housing elements (TOD
Housing Projects) and that enter into
creditworthiness review on or before
December 31, 2025.
On November 15, 2021, President
Biden signed the Bipartisan
Infrastructure Law (BIL), enacted as the
Infrastructure Investment and Jobs Act
(IIJA). Public Law 117–58. BIL
reauthorized Federal surface
transportation programs and invested
billions in transformational projects that
are creating good-paying jobs, growing
the economy, and making our
transportation system safer and more
resilient. TOD projects are eligible for
both TIFIA (23 U.S.C. 601(a)(12)(E)) and
RRIF (49 U.S.C. 22402(b)(1)(F))
financing, subject to all other eligibility
criteria, and compliance with all
applicable Federal requirements and
creditworthiness standards.2
Transportation and land use reforms
are central strategies to achieving many
of the Biden-Harris administration
goals, including reaching net-zero
greenhouse gas emissions by 2050;
addressing the housing supply and
affordability crises throughout the
country; and advancing equity, fair
Act in 2021 (Pub. L. 117–58), Buy America
requirements now include domestic construction
material requirements.
2 Eligible TOD projects can take many forms,
including joint development; public infrastructure;
and economic development, including commercial
and residential development. One of the key
parameters of the programs, among others, is that
TOD projects must be within walking distance of
a qualifying transit or passenger rail station. See
https://www.transportation.gov/buildamerica/TOD.
E:\FR\FM\09DEN1.SGM
09DEN1
Agencies
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97702-97703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28850]
-----------------------------------------------------------------------
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 final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny 3 North LLC's request for
a 5-year exemption to enable 3 of its commercial driver's license (CDL)
holders under the age of 21, with a ``K'' restriction for intrastate-
only operations, to drive commercial motor vehicles (CMVs) in
intrastate operations in a State other than their State of domicile.
FMCSA analyzed the application and public comments and determined that
the exemption would not likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, FMCSA 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 Services, (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-2024-0125'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
thein the docket, go to www.regulations.gov, insert docket number
``FMCSA-2024-0125'' 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
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 safety analyses submitted by the applicant.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve 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)). If granted, the exemption may be renewed (49
CFR 381.300(b)).
III. Background
Current Regulation(s)/Requirements
Drivers of CMVs, as defined in 390.5T, operating in interstate
commerce, must be at least 21 years of age (Sec. 391.11(b)(1)). CDL
holders who are younger than age 21 may drive in intrastate commerce
only in the driver's State of domicile. FMCSA's CDL regulations in 49
CFR 383.153(a)(10)(vii) require that CDLs issued to drivers limited to
intrastate commerce be marked with a ``K'' restriction.
Applicant's Request
3 North LLC's application for an exemption was described in detail
in the Federal Register published on June 11, 2024 (89 FR 49263) and
will not be repeated here as the facts have not changed.
IV. Public Comments
In the Federal Register Notice announcing the receipt of 3 North
LLC's application, FMCSA requested public comments by July 11. FMCSA
subsequently extended the comment period until July 25, 2024 (89 FR
56473) because the exemption application was not available for public
review in the docket until June 24, 2024.
The Agency received six comments, one supporting the application,
three opposing, and two neither supporting nor opposing it. The Hooper
Cooperation stated in support, ``There are many exceptions in the
FMCSRs that attempt to balance the need for public safety with the
common value of the service being performed by the CMV driver,
including one relieving hours of service requirements for utility
service vehicles. One would think similar consideration could be made
for the `K' restricted CDL holder provided they operate only in a
route-defined intrastate capacity when working on projects outside of
their home state.''
Three commenters opposed the exemption. The Truck Safety Coalition,
Citizens for Reliable and Safe Highways, and Parents Against Tired
Truckers jointly stated, ``This exemption request is unsafe and defies
all available evidence for teen driving safety.'' They said about the
applicant's request, ``No data is cited regarding the vehicle density
of the alleged remote roads. No reason is given why the company cannot
simply hire drivers with a CDL age 21 or older. No additional
precautions are proposed for these under-21 drivers to minimize risk to
themselves or others on the road or at the job site. No effort is made
to ensure they achieve an equivalent or greater level of safety with a
high-risk cohort of drivers.'' The American Association of Motor
Vehicle Administrators (AAMVA) stated that States use the intrastate in
a variety of different circumstances, commenting, ``the application of
the K restriction as limited to intrastate operations is specifically
meant to ensure that the driver, who has not met federal regulatory
obligations, is prevented from moving to another jurisdiction and
exchanging a restricted driver's license for another restricted
license. If the license transfer process does not include
[[Page 97703]]
a reason for issuance, drivers may now be allowed to operate in
environments for which they may not be qualified.'' AWM Associates, LLC
stated, ``FMCSA should not be interfering with state laws regarding
transfer of CDLs.''
Dennis Murphy made the following suggestion: ``3 North LLC could
accomplish its goals of having 18-20-year-old CDL holders operate in
another State by enrolling in the Safe Driver Apprenticeship Program
without requiring any exemptions. This would ensure that the 18-20-
year-old CDL holders who are operating in another State than they hold
a license in are held to the same standards as any other 18-20-year-old
CDL holder who wishes to operate in a different state than they hold a
license in.'' CL, an individual, stated, ``If an exemption is granted,
the exempted individuals should be required to obtain a medical
certificate. This exemption must be tied to the three (3) individuals
and should not be transferable once those individuals turn 21.''
V. FMCSA Safety Analysis and Decision
FMCSA evaluated 3 North LLC's application and the public comments
and denies the exemption request. Based on the information provided by
the applicant and commenters, the Agency is unable to determine that
the applicant would likely achieve a level of safety equivalent to, or
greater than, the level obtained by complying with the regulation.
FMCSA agrees with AAMVA that allowing drivers with a ``K'' restriction
to operate in States other than their State of domicile could disrupt
and confuse each State's use of the ``K'' restriction and could allow
drivers to operate in environments for which they may not be qualified.
Accordingly, the Agency would need persuasive evidence that such
operations would likely achieve an equivalent level of safety before
interfering with the ``K'' restriction. Furthermore, FMCSA agrees that
the more appropriate path for motor carriers interested in using
individuals under the age of 21 is the Agency's Safe Driver
Apprenticeship Program (https://www.fmcsa.dot.gov/sdap).
For the reasons stated above, 3 North LLC's exemption application
is denied.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-28850 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-EX-P