Notice2025-18764
Commercial Driver's License: U.S. Custom Harvesters, Inc.; Application for Renewal of 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
September 26, 2025
Effective
October 3, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its final decision to renew the exemption granted to U.S. Custom Harvesters, Inc. (USCHI) from the intrastate restriction ("K") on commercial driver's licenses (CDLs) for custom harvester drivers operating in interstate commerce for a five-year period. FMCSA's regulations provide an exception to the minimum age requirements for drivers of commercial motor vehicles (CMVs) controlled and operated by a person engaged in interstate custom harvesting. However, FMCSA's CDL regulations do not include a corresponding exception from the intrastate-only (or "K") restriction for these drivers. This exemption renewal continues relief from the CDL provision for five years.
Full Text
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<title>Federal Register, Volume 90 Issue 185 (Friday, September 26, 2025)</title>
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[Federal Register Volume 90, Number 185 (Friday, September 26, 2025)]
[Notices]
[Pages 46457-46459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18764]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0133]
Commercial Driver's License: U.S. Custom Harvesters, Inc.;
Application for Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew the exemption
granted to U.S. Custom Harvesters, Inc. (USCHI) from the intrastate
restriction (``K'') on commercial driver's licenses (CDLs) for custom
harvester drivers operating in interstate commerce for a five-year
period. FMCSA's regulations provide an exception to the minimum age
requirements for drivers of commercial motor vehicles (CMVs) controlled
and operated by a person engaged in interstate custom harvesting.
However, FMCSA's CDL regulations do not include a corresponding
exception from the intrastate-only (or ``K'') restriction for these
drivers. This exemption renewal continues relief from the CDL provision
for five years.
[[Page 46458]]
DATES: This exemption is effective from October 3, 2025, and expires on
October 3, 2030.
FOR FURTHER INFORMATION CONTACT: Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-9220; or <a href="/cdn-cgi/l/email-protection#cbb9a2a8a3aab9afe5a8a7aea6aea5bfae8bafa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="f3819a909b928197dd909f969e969d8796b3979c87dd949c85">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations, (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-2017-0133/document">https://www.regulations.gov/docket/FMCSA-2017-0133/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 applications, 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 set forth in 49 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 and the effective period and will explain 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
The Federal Highway Administration (FMCSA's predecessor agency)
adopted 49 CFR 391.2(a) on December 22, 1971 (36 FR 24218). Under this
provision, commercial motor vehicle (CMV) drivers, as defined in 49 CFR
390.5, engaged in custom harvesting are exempt from all of part 391,
including the requirement to be at least 21 years of age to operate a
CMV in interstate commerce. State Driver Licensing Agencies issue a
``K'' restriction on CDLs of drivers who are under the age of 21 to
restrict these drivers to operating within the issuing State only.
Section 391.2(a) does not preempt State CDL regulations, such as the
requirement in 49 CFR 383.23(a)(2) to ``[possess] a CDL which meets the
standards contained in subpart J of this part,'' including any ``K''
restriction imposed under 49 CFR 383.153(a)(10)(vii) of subpart J.
Application for Renewal of Exemption
The renewal application from USCHI was described in detail in a
Federal Register notice of May 12, 2025, (90 FR 20206) and will not be
repeated here as the facts have not changed.
IV. Public Comments
One comment was submitted to the docket by USCHI, which said: ``We
are urging FMCSA to grant the exemption given its importance to USCHI
members. It has provided custom harvesting businesses with much-needed
employees and drivers and has directly contributed to the development
of quality, responsible truck drivers for America's highways.'' USCHI
also referenced its petition for FMCSA to clarify what USCHI believes
are conflicting regulations 49 CFR 391.2 and 49 CFR 383.23(a)(2) and 49
CFR 383.153(a)(10)(vii). USCHI's petition is posted to docket number
FMCSA-2021-0054-001.
V. Agency Decision
FMCSA has evaluated the USCHI exemption application and USCHI's
comment, and issues this final decision to renew the exemption for a
five-year period. FMCSA is not aware of any evidence showing that the
exemption has resulted in any degradation in safety. Interstate
operations for custom harvester drivers younger than 21 have been
allowed since 1971 pursuant to 49 CFR 391.2(a). FMCSA reviewed crash
and inspection data of drivers who have operated under the 2018
exemption. FMCSA does not have information to conclude that the 2018
exemption and subsequent renewal resulted in a degradation of safety.
FMCSA concludes that renewing the exemption for five years will likely
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would be achieved without the exemption, as
required by 49 U.S.C. 31315(b)(1) and 49 CFR 381.305(a).
VI. Exemption
A. Applicability of Exemption
This exemption is applicable to drivers under the age 21 who are
employed by USCHI members. Customer harvester drivers under 21 years of
age will be able to present this exemption notice to help explain that
when operating under the authority of a USCHI member, they are
permitted to operate outside the State that issued their CDL, even
though the license has a ``K'' (intrastate only) restriction.
Enforcement Officers
This exemption notice will explain to law enforcement officers that
49 CFR 391.2(a) authorizes custom harvester drivers to operate in
interstate commerce even though they are under 21 years of age. The
notice will explain that a ``K'' restriction on these drivers' CDLs
does not limit them from driving outside the CDL-issuing State when
they are operating as custom harvesters in accordance with 49 CFR
391.2(a) and this exemption.
State Driver Licensing Agencies
This exemption requires no action on the part of the State Driver
Licensing Agencies. They will continue to issue CDLs with a ``K''
restriction to drivers under the age of 21.
B. Terms and Conditions
Motor carriers and drivers operating under the exemption are
subject to the following terms and conditions:
(1) Drivers engaged in custom harvesting operations in interstate
commerce shall be exempt from any intrastate-only ``K'' restriction on
their CDLs when operating under the provisions of this exemption.
(2) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request.
(3) Drivers to whom this exemption applies are identified in 49 CFR
391.2(a) as those operating a CMV to transport farm machinery,
supplies, or both, to or from a farm for custom harvesting operations
on a farm; or transporting
[[Page 46459]]
custom-harvested crops to storage or market.
(4) To ensure that the drivers are operating legitimately as a
custom harvester, they should be able to provide at least three of the
following methods of verification:
(a) The driver may have on hand a valid custom harvesting document
such as a current-date agricultural commodity scale sheet, a current-
date custom harvesting load sheet, an official company document stating
the company's purpose, etc.
(b) The CMV may have license plates specific to custom harvesting,
or the verbiage ``Harvesting'' may be part of the business signage on
the vehicle.
(c) The CMV may be designed to haul a harvested agricultural
commodity or equipment for harvesting or be a support vehicle for
custom-harvesting operations, such as a service truck.
(d) The CMV may be hauling a harvested agricultural commodity or
equipment for the purpose of custom harvesting.
(e) The CMV may have a newly harvested commodity or remnants on
board.
(f) The driver will be able to provide a verifiable location of the
current harvesting operation or delivery location for a harvested
commodity.
(5) USCHI must provide FMCSA with a list of USDOT numbers of motor
carriers that are engaged in custom farm operations upon request. The
driver must be working for a motor carrier with a USDOT number
identified in the most current list provided to FMCSA by USCHI. See
additional FMCSA notification requirements in Section D below.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
D. Notification to FMCSA
Upon request, USCHI must provide FMCSA with the USDOT numbers of
the motor carriers that will be operating under this exemption. USCHI
must notify FMCSA within five business days of any crash (as defined in
49 CFR 390.5), involving any of the drivers operating under the terms
of the exemption. The notification must include the following
information:
(a) Identity of Exemption: ``USCHI Renewal,''
(b) Name of the custom harvester employer and USDOT number,
(c) Date of the crash,
(d) Origin and intended destination of the USCHI driver's trip and
the distance (in miles) of the crash from the driver's home terminal,
(e) Driver's name, license number, and age,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury
(h) Number of fatalities,
(i) The police-reported circumstances of the crash,
(j) Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations,
(k) The driver's total driving time and total on-duty time prior to
the accident,
(l) Information about what safety training, if any, was provided to
drivers operating under this exemption after the driver obtained a CDL,
and
(m) A scanned copy of the police accident report. Reports filed
under this provision shall be emailed to <a href="/cdn-cgi/l/email-protection#83cec0d3d0c7c3c7ccd7adc4ccd5"><span class="__cf_email__" data-cfemail="39747a696a7d797d766d177e766f">[email protected]</span></a>.
E. Termination
The exemption will be rescinded if: (1) USCHI, motor carriers, and
drivers operating under the exemption fail to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objects of 49 U.S.C. 31136(e) and 31315(b). Should FMCSA receive
notice of any potential adverse safety impacts, FMCSA will take all
steps necessary to protect the public interest, including revocation or
restriction of the exemption if necessary. FMCSA may immediately revoke
or restrict the exemption for failure to comply with its terms and
conditions.
Jesse Elison,
Chief Counsel.
[FR Doc. 2025-18764 Filed 9-25-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on September 26, 2025.
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.