Notice2024-31267
Commercial Driver's License: State of Hawaii; Application for Exemption
Primary source
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Published
December 30, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that the State of Hawaii has applied for an exemption from specified portions of the commercial driver's license (CDL) skills test and entry-level driver training (EDLT) curriculum requirements. The State of Hawaii currently has a two-year exemption that expires on February 20, 2026, under which it may waive portions of the CDL skills test for CDL applicants who take the skills test on the islands of Lanai and Molokai and grant restricted CDLs to successful applicants. The State of Hawaii now requests a five-year exemption of these provisions, with the addition of an exemption from certain portions of the ELDT curriculum requirements for providers of behind- the-wheel (BTW) public road training on the islands of Lanai and Molokai. FMCSA requests public comment on the applicant's request for an exemption and whether the Agency should withdraw Hawaii's current exemption that expires on February 20, 2026, and grant a new five-year exemption from both the CDL skills test and the ELDT requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106729-106730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31267]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0289]
Commercial Driver's License: State of Hawaii; 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 the State of Hawaii has applied for an
exemption from specified portions of the commercial driver's license
(CDL) skills test and entry-level driver training (EDLT) curriculum
requirements. The State of Hawaii currently has a two-year exemption
that expires on February 20, 2026, under which it may waive portions of
the CDL skills test for CDL applicants who take the skills test on the
islands of Lanai and Molokai and grant restricted CDLs to successful
applicants. The State of Hawaii now requests a five-year exemption of
these provisions, with the addition of an exemption from certain
portions of the ELDT curriculum requirements for providers of behind-
the-wheel (BTW) public road training on the islands of Lanai and
Molokai. FMCSA requests public comment on the applicant's request for
an exemption and whether the Agency should withdraw Hawaii's current
exemption that expires on February 20, 2026, and grant a new five-year
exemption from both the CDL skills test and the ELDT requirements.
DATES: Comments must be received on or before January 29, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0289 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-2024-0289) 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> 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; or <a href="/cdn-cgi/l/email-protection#e092898388819284ce838c858d858e9485a0848f94ce878f96"><span class="__cf_email__" data-cfemail="5c2e353f343d2e38723f303931393228391c383328723b332a">[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-2024-0289), indicate
[[Page 106730]]
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-2024-0289'' 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#61031308000f4f064f0500090d080f21050e154f060e17"><span class="__cf_email__" data-cfemail="6507170c040b4b024b01040d090c0b25010a114b020a13">[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. Applicant's Request
The State of Hawaii seeks a five-year exemption from the
requirements in 49 CFR 383.113(c) that an applicant for a CDL must
demonstrate the ability to signal appropriately when changing direction
in traffic and the ability to choose a safe gap for changing lanes,
passing other vehicles, and crossing or entering traffic (49 CFR
383.113(c)(2) and (4)). The Agency granted this same relief to Hawaii
on February 20, 2024, until February 20, 2026 (89 FR 12940). Hawaii
maintains that the islands of Lanai and Molokai do not have at least
two miles of a straight section of urban business street and at least
two miles of an expressway or highway section with multiple lanes going
in each direction to allow the ability to legally change lanes. The
applicant states that there are no plans to change the infrastructure
to include sections of roadway meeting these parameters prior to the
expiration date of the current exemption.
The applicant further requests regulatory relief for any provider
of ELDT BTW public road training on these islands from full compliance
with the ELDT requirements in 49 CFR part 380, appendix A and B.
Specifically, the applicant requests relief from Unit A3.1 of the class
A CDL training curriculum, and Unit B3.1 of the Class B CDL training
curriculum. Both units are titled, ``Vehicle Controls Including: Left
Turns, Right Turns, Lane Changes, Curves at Highway Speeds, and Entry
and Exit on the Interstate or Controlled Access Highway.''
A copy of the State of Hawaii's application for exemption is
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 the State of Hawaii's
application for an exemption. FMCSA specifically requests comment on
whether the Agency should withdraw the applicant's existing exemption
that expires on February 20, 2026 (89 FR 12940) and grant a new five-
year exemption from the same requirements in 49 CFR 383.113(c) and the
requested regulatory relief to providers of ELDT BTW public road
training on the islands of Lanai and Molokai. 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 persons
should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-31267 Filed 12-27-24; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on December 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.