Notice2025-21751
Entry-Level Driver Training: Application for Exemption; Montana Trucking Association
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
December 2, 2025
Effective
December 2, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant an exemption from the qualification requirements pertaining to entry-level driver training (ELDT) theory instructors for Montana Trucking Association's Safety Coordinator, Mr. William Cole. The exemption will allow Mr. Cole to conduct classroom (theory) training for entry-level drivers who intend to operate commercial motor vehicles (CMV) used in the transportation of hazardous materials (HM). The exemption excuses Mr. Cole from the requirement to possess a commercial driver's license (CDL) or have previously held a CDL. FMCSA analyzed the application and public comments and determined that granting the exemption is likely to achieve a level of safety that is equivalent to, or greater than, the level that would be achieved in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 90 Issue 229 (Tuesday, December 2, 2025)</title>
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[Federal Register Volume 90, Number 229 (Tuesday, December 2, 2025)]
[Notices]
[Pages 55330-55331]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21751]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0084]
Entry-Level Driver Training: Application for Exemption; Montana
Trucking Association
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant an exemption from the
qualification requirements pertaining to entry-level driver training
(ELDT) theory instructors for Montana Trucking Association's Safety
Coordinator, Mr. William Cole. The exemption will allow Mr. Cole to
conduct classroom (theory) training for entry-level drivers who intend
to operate commercial motor vehicles (CMV) used in the transportation
of hazardous materials (HM). The exemption excuses Mr. Cole from the
requirement to possess a commercial driver's license (CDL) or have
previously held a CDL. FMCSA analyzed the application and public
comments and determined that granting the exemption is likely to
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved in the absence of the exemption.
DATES: The exemption is effective December 2, 2025 and expires December
2, 2030.
FOR FURTHER INFORMATION CONTACT: Bernadette Walker, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2551 or <a href="/cdn-cgi/l/email-protection#204245524e4144455454450e57414c4b455260444f540e474f56"><span class="__cf_email__" data-cfemail="355750475b5451504141501b4254595e504775515a411b525a43">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (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-2025-0084/document">https://www.regulations.gov/docket/FMCSA-2025-0084/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 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
[[Page 55331]]
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 Agency's ELDT regulations, set forth in 49 CFR part 380,
subparts F and G, establish theory and behind-the wheel (BTW) training
requirements for individuals seeking to obtain a Class A or Class B CDL
or a passenger (P), school bus (S), or hazardous materials (H)
endorsement for the first time. The regulations require that ELDT be
conducted only by qualified training providers and training
instructors; drivers must obtain ELDT from a training provider listed
on FMCSA's Training Provider Registry.
As set forth in the definition of ``theory instructor'' in 49 CFR
380.605, theory instructors must meet one of these qualifications: (1)
The instructor holds a CDL of the same (or higher) class and with all
endorsements necessary to operate the CMV for which training is to be
provided and has at least 2 years of experience driving a CMV requiring
a CDL of the same (or higher) class and/or the same endorsement and
meets all applicable State qualification requirements for CMV
instructors; or (2) the instructor holds a CDL of the same (or higher)
class and with all endorsements necessary to operate the CMV for which
training is to be provided, and has at least 2 years of experience as a
BTW CMV instructor and meets all applicable State qualification
requirements for CMV instructors. The definition of ``theory
instructor'' in 49 CFR 380.605 includes an exception from the
requirement that the instructor currently hold a CDL and relevant
endorsements, if the instructor previously held a CDL of the same or
higher class and complies with the other requirements set forth in the
definition.
Because applicants are not required to take an HM-specific skills
test to obtain the H endorsement, the ELDT regulations do not contain a
BTW curriculum requirement applicable to that endorsement. There are,
however, BTW ELDT requirements for applicants seeking a Class A or
Class B CDL or a P or S endorsement.
Applicant's Request
Montana Trucking Association's request for an exemption was
described in detail in a Federal Register notice on May 20, 2025 (90 FR
21820) and will not be repeated as the facts have not changed.
IV. Public Comments
The Agency received three comments; two opposing comments and one
comment that was neither for nor against the exemption. AWM Associates,
LLC said, ``If Mr. Cole has never had a CDL? How can he teach the
curriculum? I appreciate Mr. Cole's expertise; however, it's better
suited for the training requirements in 49 CFR Part Sec. 172.704. Mr.
Cole's application should be denied.''
Cliff Abbott commented, ``If it is necessary, or desirable, to make
changes to required training, it should be done for all drivers, not
simply for students of one particular instructor regardless of his/her
credentials list.''
Michael Ravnitzky suggested a pilot program that would allow Mr.
Cole to teach the theory portions of the HM curriculum independently,
have a co-instructor or guest lecturer with the required
qualifications, track accidents involving Mr. Cole's trainees, and
analyze performance data.
V. FMCSA Decision
FMCSA has evaluated Mr. Cole's application for exemption and the
public comments. The Agency evaluated Mr. Cole's qualifications, which
includes a resume highlighting 14 years of experience as a CMV
Enforcement Officer specializing in HM transportation. His credentials
also feature certifications from the Commercial Vehicle Safety Alliance
(CVSA) for completing the Introduction to HM Instructor Training and
the Advanced Courses in HM Instructor Training, both awarded in 2023.
FMCSA's National Training Center verified that Mr. Cole successfully
completed 40 hours of General Hazardous Materials training in 2010 and
40 hours of North American Standard--Parts A and B in 2013.
While two commenters opposed the application, they did not
specifically challenge Mr. Cole's credentials. FMCSA granted a similar
exemption to an instructor for Oak Harbor Freight Lines, Inc. in 2022
(87 FR 30551). Because Mr. Cole will be limited to conducting classroom
theory training and not BTW training, the Agency believes the exemption
will likely achieve a level of safety that is equivalent to, or greater
than, the level that will be achieved absent such exemption, in
accordance with 49 CFR 381.305(a).
VI. Exemption
A. Applicability of Exemption
This exemption from qualification requirements set forth in the
definition of ``theory instructor'' in 49 CFR 380.605 will allow Mr.
William Cole to provide ELDT theory instructions for the H endorsement
curriculum in Appendix E of Part 380 without possessing a CDL or having
to have previously held a CDL.
B. Terms and Conditions
To provide ELDT instruction under this exemption, Mr. Cole must,
within 30 days of employment, submit the name of the registered
training provider(s) he is employed by and any subsequent changes to
his employer to <a href="/cdn-cgi/l/email-protection#f9b4baa9aabdb99d968dd79e968f"><span class="__cf_email__" data-cfemail="2b66687b786f6b4f445f054c445d">[email protected]</span></a>.
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, 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.
VII. Termination
FMCSA does not believe there will be any deterioration in safety
stemming from this exemption. However, the exemption will be rescinded
if: (1) William Cole fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than would be achieved in the absence of the exemption; 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).
Derek Barrs,
Administrator.
[FR Doc. 2025-21751 Filed 12-1-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on December 2, 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.