Notice2025-14126
Commercial Driver's License: Application for Exemption; Bianco Trucking Services, LLC d.b.a. CDL and Operator Training
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
July 28, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the application from Bianco Trucking Services, LLC d.b.a. CDL and Operator Training ("Bianco") for an exemption to allow students between the ages of 18 and 20 holding a "K" restricted commercial learners permit (CLP) issued by another State to attend its driver training facility in Michigan. FMCSA analyzed the application and public comments and determined that granting the exemption would not likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 90 Issue 142 (Monday, July 28, 2025)</title>
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[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Notices]
[Page 35567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14126]
[[Page 35567]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0307]
Commercial Driver's License: Application for Exemption; Bianco
Trucking Services, LLC d.b.a. CDL and Operator Training
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the application from
Bianco Trucking Services, LLC d.b.a. CDL and Operator Training
(``Bianco'') for an exemption to allow students between the ages of 18
and 20 holding a ``K'' restricted commercial learners permit (CLP)
issued by another State to attend its driver training facility in
Michigan. FMCSA analyzed the application and public comments and
determined that granting the exemption would not likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722; <a href="/cdn-cgi/l/email-protection#ef9d868c878e9d8bc18c838a828a819b8aaf8b809bc1888099"><span class="__cf_email__" data-cfemail="21534842494053450f424d444c444f554461454e550f464e57">[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
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0307/document">https://www.regulations.gov/docket/FMCSA-2024-0307/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 Dockets 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., 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. 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 the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard in U.S.C 31315(b)(1). 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. Background
Current Regulatory Requirements
Drivers of commercial motor vehicles (CMVs), as defined in 390.5T,
engaged in interstate commerce, must be at least 21 years of age, 49
CFR 391.11(b)(1). CLP holders who are younger than age 21 may drive in
intrastate commerce only. Under 49 CFR 383.153(b)(2)(ix)(G), CLPs
issued to drivers under the age of 21 must be marked with a ``K''
restriction limiting the driver to intrastate operations in the
driver's State of domicile.
Applicant's Request
Bianco's application for exemption was described in detail in a
Federal Register notice on January 15, 2025, (90 FR 3990) and will not
be repeated as the facts have not changed.
IV. Public Comments
On January 15, 2025, FMCSA requested public comment on Bianco's
application for an exemption [90 FR 3990]. The Agency received one
comment from AWM Associates, LLC (AWM) that opposed granting the
exemption. AWM stated, ``The application presents an unfair economic
advantage over other CDL schools. The FMCSA should deny the request as
there's not a ``K'' restriction in Part 383.95, the ``K'' restriction
is a Wisconsin state law based on 391.11(b)(1).''
In response to AWM's comment, Bianco stated, ``Part 383.95 was
referenced for this exemption as it relates to the restrictions that
can be placed on a CDL after issuance, similar to an air-brake
restriction or a fifth-wheel restriction . . .'' Bianco continued,
``Part 391.11 is in regard to drivers who operate a CMV in interstate
operations as defined in part 391.1(a) and 391.1(b). As the students
are not getting financially compensated to operate these vehicles for
the school in question, they would not fall under that regulation.''
Bianco concluded, ``With Entry Level Driver Training being a
requirement by the FMCSA, regardless of the driver's state of
residence, potential students should have the opportunity to attend
programs that are registered with the Training Provider Registry that
fits them best. This could be geographically, economically, or personal
preference.''
V. FMCSA Decision
FMCSA has evaluated Bianco's application and the public comments
and denies the exemption request. On December 9, 2024, the Agency
denied a similar exemption request from 3 North LLC, (89 FR 97702). In
that decision, the Agency agreed with the American Association of Motor
Vehicle Administrators that allowing drivers with a ``K'' restriction
to operate in States other than their State of domicile would disrupt
and confuse each State's use of the ``K'' restriction. The same
reasoning applies to Bianco's request for an exemption. Furthermore,
based on information provided by the applicant, FMCSA is unable to
determine that the applicant would likely achieve a level of safety
equivalent to, or greater than, the level obtained by complying with
the regulations.
For the reasons stated, the Bianco exemption application is denied.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-14126 Filed 7-25-25; 8:45 am]
BILLING CODE 4910-EX-P
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