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 brian.g.dahlin@dot.gov. 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 ( printed 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.