Notice2024-30737
Commercial Driver's License: Application for Exemption; American Public Transportation Association
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 26, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that it has received an application for an exemption from the American Public Transportation Association (APTA), on behalf of public transit agencies and their contractor partners, to allow State Driver Licensing Agencies (SDLAs) to waive the "under-the- hood" portion of the pre-trip vehicle inspection skills test requirement for commercial driver's license (CDL) applicants seeking to operate vehicles in public transportation, including interstate commerce. FMCSA requests public comment on APTA's request for an exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 105175-105177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30737]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0293]
Commercial Driver's License: Application for Exemption; American
Public Transportation Association
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 it has received an application for an
exemption from the American Public Transportation Association (APTA),
on behalf of public transit agencies and their contractor partners, to
allow State Driver Licensing Agencies (SDLAs) to waive the ``under-the-
hood'' portion of the pre-trip vehicle inspection skills test
requirement for commercial driver's license (CDL) applicants seeking to
operate vehicles in public transportation, including interstate
commerce. FMCSA requests public comment on APTA's request for an
exemption.
DATES: Comments must be received on or before January 27, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0293 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,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
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-2024-0293) 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, 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> 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#b3c1dad0dbd2c1d79dd0dfd6ded6ddc7d6f3d7dcc79dd4dcc5"><span class="__cf_email__" data-cfemail="2c5e454f444d5e48024f404941494258496c484358024b435a">[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:
[[Page 105176]]
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-2024-0293), 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-2024-0293'' 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. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
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#6507170c040b4b024b01040d090c0b25010a114b020a13"><span class="__cf_email__" data-cfemail="6406160d050a4a034a00050c080d0a24000b104a030b12">[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 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)). The exemption may be renewed (49 CFR
381.300(b)).
III. Current Regulatory Requirements
The CDL regulations at 49 CFR 383.113(a) require that applicants
for a CDL possess basic pre-trip vehicle inspection skills for the
vehicle class that they operate or expect to operate. Applicants must
be able to identify each safety-related part on the test vehicle and
explain what needs to be examined during a pre-trip vehicle inspection
to ensure the safe operation of the commercial motor vehicle. Under 49
CFR 383.113(a)(1)(i), applicants must possesses this skill for the
engine compartment of the vehicle. This portion of the test is known as
the ``under-the-hood'' testing component.
IV. Applicant's Request
APTA, on behalf of public transit agencies and their contractor
partners, applied for an exemption from the ``under-the-hood'' portion
of the pre-trip inspection segment of the CDL skills test. The
exemption would allow SDLAs to waive the engine compartment component
of the pre-trip vehicle inspection skills test required under 49 CFR
383.113(a)(1)(i) for CDL applicants seeking to operate vehicles in
public transportation, including interstate transportation.
According to the applicant, the public transit industry continues
to experience a severe shortage of drivers and is struggling to
maintain its workforce. APTA has identified the ``under-the-hood''
testing requirement as a significant impediment to hiring bus
operators, leading to reduced transit service, missed trips, and
increased costs for public transit agencies. APTA believes that the CDL
``under-the-hood'' test is completely unrelated to transit bus
operators' job responsibilities; creates equity concerns and serves as
a deterrent to certain individuals who would otherwise thrive in this
career; and is increasingly becoming obsolete with the transition to
zero-emission vehicles. The applicant further adds that its members'
bus operator hiring issues are similar to those faced by the school bus
industry and that FMCSA has granted similar relief allowing States to
waive the ``under-the-hood'' test for CDL applicants intending to
become school bus operators.
In support of its application, APTA submitted a research report it
commissioned entitled, ``Impact of CDL Under-the-Hood Testing
Requirement on Public Transit Agencies' Ability to Hire Bus
Operators,'' dated November 1, 2024.
A copy of APTA's application for exemption and its research report
are available for review in the docket for this notice.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the APTA's application for an
exemption. 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
[[Page 105177]]
persons should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-30737 Filed 12-23-24; 8:45 am]
BILLING CODE 4910-EX-P
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