Notice2025-20676
Commercial Driver's License: Agri-Tech Aviation; Application for 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
November 24, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on Agri-Tech Aviation, Inc.'s application for an exemption to allow its commercial learner's permit (CLP) holders who have passed the commercial driver's license (CDL) skills test but not yet obtained a CDL license to drive its commercial motor vehicles (CMV) without being accompanied by a CDL holder in the passenger seat.
Full Text
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<title>Federal Register, Volume 90 Issue 224 (Monday, November 24, 2025)</title>
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[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Notices]
[Pages 53049-53051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20676]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0226]
Commercial Driver's License: Agri-Tech Aviation; 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 requests public comment on Agri-Tech Aviation, Inc.'s
application for an exemption to allow its commercial learner's permit
(CLP) holders who have passed the commercial driver's license (CDL)
skills test but not yet obtained a CDL license to drive its commercial
motor vehicles (CMV) without being accompanied by a CDL holder in the
passenger seat.
DATES: Comments must be received on or before December 24, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0226 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: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2025-0226) 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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 (Federal Docket Management System (FDMS)), which
can be reviewed 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: Bernadette Walker, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-507-0363 or <a href="/cdn-cgi/l/email-protection#86e4e3f4e8e7e2e3f2f2e3a8f1e7eaede3f4c6e2e9f2a8e1e9f0"><span class="__cf_email__" data-cfemail="3c5e594e525d5859484859124b5d5057594e7c585348125b534a">[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 53050]]
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-2025-0226), 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="https://www.regulations.gov/docket/FMCSA-2025-0226/document">https://www.regulations.gov/docket/FMCSA-2025-0226/document</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#98faeaf1f9f6b6ffb6fcf9f0f4f1f6d8fcf7ecb6fff7ee"><span class="__cf_email__" data-cfemail="cfadbda6aea1e1a8e1abaea7a3a6a18faba0bbe1a8a0b9">[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 in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2025-0226 in the keyword box, select
the document tab 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 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.
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 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, 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. Applicant's Request
Current Regulatory Requirements
Under 49 CFR 383.25(a)(1), a CLP holder, when operating a CMV, must
be accompanied by a CDL holder with the proper CDL class and
endorsements necessary to operate the CMV. The CDL holder must be
physically present in the front seat of the CMV next to the CLP holder
at all times.
Applicant's Request
Agri-Tech Aviation states that it serves farmers in Iowa with
aerial application needs. The organization has been in business since
1987 and operates with a fleet of five CMVs; two straight trucks that
hold 500 gallons of jet fuel for dry operations, and three Ford F550
flatbed trucks with a 30-foot gooseneck capable of carrying up to 900
gallons of jet fuel and 1350 gallons of crop protection products, most
of which fall under Class 9 (miscellaneous hazardous materials) and do
not require placarding. The applicant states that it operates only in
Iowa. Its drivers operate within a 150-air mile radius from their home
base, departing before sunrise and returning before sunset. The
applicant operates with team drivers for 2-3 hours a day, usually
during light traffic. The applicant describes its employees as seasonal
staff who are college students and individuals over the age 18.
The applicant stated that the brief operational season for aerial
applications makes it ``nearly impossible to recruit qualified
drivers.'' According to the applicant, as a seasonal business, it takes
more than a full season for a potential driver to fulfill the
requirements for a Class A CDL with combination and hazmat
endorsements. The applicant stated it's ``full request'' is an
exemption from the requirement in 49 CFR 383.25(a)(1), for ``drivers to
be able to drive our vehicles with commercial learner's permit holders
who have passed the commercial driver's license (CDL) skills test but
have not obtained the CDL document from their State of domicile to
drive a commercial motor vehicle without having a CDL holder seated in
the passenger seat.'' FMCSA understand this to be a request about
current CLP holders, so that drivers with CLPs working for the
applicant can drive the applicant's CMVs without a CDL holder seated in
the front seat of the CMV. If granted, this exemption would apply to
six drivers.
Additionally, because its operation is seasonal and ``serves
farmers directly with critical service to protect their farms,'' the
applicant also requests that
[[Page 53051]]
its CMVs be included in the definition of a ``covered farm vehicle,''
as defined in 49 CFR 390.5. The applicant states that this ``will
require these drivers to stay within 150 air miles and will only be
allowed to drive in the state of Iowa.'' Under 49 CFR 390.39, ``covered
farm vehicles'' are exempt from all requirements in 49 parts 382, 383,
391 (subpart E), 395, and 396. As defined in 49 CFR 390.5, ``covered
farm vehicles'' with a gross vehicle weight rating (GVWR), gross
combination weight rating (GCWR), or gross vehicle weight (GVW) or
gross combination weight (GCW), whichever is greater, of more than
26,001 pounds may use the exemptions in 49 CFR 390.39 within the State
of registration and across State lines within 150 air miles of the farm
or ranch with respect to which the vehicle is being operated, while
vehicles with a GVWR, GCWR, GVW, or GCW of 26,001 pounds or less may
use the exemptions anywhere in the United States. Based on this
request, FMCSA attempted to clarify whether Applicant was seeking
exemptions from all of parts 382, 383, 391 (subpart E), 395, and 396,
but was unable to verify the provisions the applicant sought an
exemption from. Under 49 CFR 390.39(a)(1), drivers of ``covered farm
vehicles'' are exempt from the CDL requirements. Agri-Tech Aviation's
request to have FMCSA classify its trucks as ``covered farm vehicles''
is therefore incompatible with its request for an exemption from the
CDL requirement of 49 CFR 383.25(a)(1). Because the applicant's ``full
request'' did not specifically seek an exemption other than from 49 CFR
383.25(a)(1), FMCSA is not seeking comment on the portion of the
applicant's request pertaining to the definition of ``covered farm
vehicles.''
A copy of Agri-Tech Aviation'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 Agri-Tech Aviation's application
for an exemption from the requirement that a CLP holder be accompanied
by a CDL holder, seated in the front seat, while the CMV is being
driven by the CLP holder.
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. 2025-20676 Filed 11-21-25; 8:45 am]
BILLING CODE 4910-EX-P
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