Notice2025-00818
Commercial Driver's License: Bianco Trucking Services, LLC d.b.a. CDL and Operator Training; Application for Exemption
Primary source
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Published
January 15, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on the application from Bianco Trucking Services, LLC d.b.a. CDL and Operator Training ("Bianco") for an exemption to allow drivers aged 18, 19, and 20 years with a Wisconsin State-issued commercial learners permit (CLP) and a "K" restriction on their CLP to attend its driver training facility in Michigan. Bianco is a registered entry-level driver training (ELDT) provider listed on the Agency's Training Provider Registry (TPR).
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3990-3992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00818]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0307]
Commercial Driver's License: Bianco Trucking Services, LLC d.b.a.
CDL and Operator Training; 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: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on the application from Bianco Trucking
Services, LLC d.b.a. CDL and Operator Training (``Bianco'') for an
exemption to allow drivers aged 18, 19, and 20 years with a Wisconsin
State-issued commercial learners permit (CLP) and a ``K'' restriction
on their CLP to attend its driver training facility in Michigan. Bianco
is a registered entry-level driver training (ELDT) provider listed on
the Agency's Training Provider Registry (TPR).
DATES: Comments must be received on or before February 14, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0307 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,
[[Page 3991]]
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-2024-0307) 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: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> at any time on the ground level of
the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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.
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#3e4c575d565f4c5a105d525b535b504a5b7e5a514a10595148"><span class="__cf_email__" data-cfemail="f98b909a91988b9dd79a959c949c978d9cb99d968dd79e968f">[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.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0307), indicate the specific section of this
document to which the comment applies, and provide a reason for
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/docket/FMCSA-2024-0307">www.regulations.gov/docket/FMCSA-2024-0307</a>, click on this notice, click ``Comment,'' and type your
comment into the text box on the following screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. 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#4b2939222a25652c652f2a232722250b2f243f652c243d"><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.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned as being
available in the docket, go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0237/document">https://www.regulations.gov/docket/FMCSA-2024-0237/document</a> and choose the document to review. To view
comments, click this notice, then click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Docket Operations on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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.
D. Privacy
In accordance with 5 U.S.C. 553(c), 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 (Federal Docket Management System (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.
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 analysis. 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 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)). The exemption may be renewed (49 CFR 381.300(b)).
III. Current Regulatory Requirements
Drivers of commercial motor vehicles (CMVs), as defined in 49 CFR
390.5T, operating in interstate commerce, must be at least 21 years of
age (Sec. 391.11(b)(1)). An individual younger than age 21 may drive
in intrastate commerce only in the driver's State of domicile. FMCSA's
regulations at 49 CFR 383.153(b)(2)(ix)(G) require that CLPs issued to
drivers limited to intrastate commerce be marked with a ``K''
restriction.
[[Page 3992]]
IV. Applicant's Request
Bianco requests a 5-year exemption to allow drivers aged 18, 19,
and 20 years, with a Wisconsin State-issued CLP and a ``K'' restriction
on their CLP, to attend Bianco's driver training facility in Michigan.
The applicant's driver training facility is listed on the Agency's
Training Provider Registry. The applicant states that its facility is
located approximately 29 miles from the Wisconsin border. Bianco states
that several students located in Wisconsin have inquired about
attending its training program because Bianco's training facility is
their closest registered training provider. The applicant further adds
that an option to attend a training program located within a reasonable
driving distance would be invaluable to students who are working and
attending school at the same time.
Bianco indicates that drivers under this exemption will not operate
a CMV without a licensed training provider in the vehicle, apart from
range maneuvers on a training lot that is maintained and insured by the
applicant. Bianco also requires pre-employment drug screens for all
students prior to the start of its training class. The students are
also required to complete all components of the ELDT as required under
49 CFR part 380. A copy of Bianco's application for exemption is
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 Bianco's application for an
exemption. All comments received before the close of business on the
comment closing date 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. 2025-00818 Filed 1-14-25; 8:45 am]
BILLING CODE 4910-EX-P
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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.