Notice2024-28764
Entry-Level Driver Training; Albert Farley Jr.; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97700-97702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. 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; <a href="/cdn-cgi/l/email-protection#7c0e151f141d0e18521f101911191208193c181308521b130a"><span class="__cf_email__" data-cfemail="f5879c969d948791db96999098909b8190b5919a81db929a83">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#1775657e767939703973767f7b7e795773786339707861"><span class="__cf_email__" data-cfemail="dbb9a9b2bab5f5bcf5bfbab3b7b2b59bbfb4aff5bcb4ad">[email protected]</span></a>. 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
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