Notice2026-20046
Commercial Driver's License Standards: Application for Exemption; Agri-Tech Aviation
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 30, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the application from Agri-Tech Aviation requesting 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. FMCSA analyzed the application and public comments and determined there is insufficient basis to conclude the exemption would 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 91 Issue 188 (Wednesday, September 30, 2026)</title>
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[Federal Register Volume 91, Number 188 (Wednesday, September 30, 2026)]
[Notices]
[Pages 61919-61920]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20046]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0226]
Commercial Driver's License Standards: Application for Exemption;
Agri-Tech Aviation
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
Agri-Tech Aviation requesting 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. FMCSA analyzed the application and public
comments and determined there is insufficient basis to conclude the
exemption would 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: Ms. Bernadette Walker, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 507-0363; <a href="/cdn-cgi/l/email-protection#553730273b3431302121307b2234393e302715313a217b323a23"><span class="__cf_email__" data-cfemail="ef8d8a9d818e8b8a9b9b8ac1988e83848a9daf8b809bc1888099">[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-2025-0226/document">https://www.regulations.gov/docket/FMCSA-2025-0226/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Document Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in room W58-213 of the DOT West Building, 1200 New Jersey Avenue,
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 (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 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
exempted party 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
Section 383.25(a)(1) of the FMCSRs requires a CDL holder with the
proper CDL class and endorsements necessary to operate the CMV to
accompany a CLP holder and be physically present in the front seat of
the CMV next to the CLP holder at all times or, in a commercial
passenger vehicle, directly behind or in the front row behind the
driver and must have the CLP holder under observation and direct
supervision.
Applicant's Request
Agri-Tech Aviation's application for exemption was described in
detail in a Federal Register notice on November 24, 2025 (90 FR 53049)
and will not be repeated as the facts have not changed.
IV. Public Comments
The Agency received 38 comments. None of the comments supported
granting the exemption. The main theme of all opposing comments
highlighted concerns about safety while urging FMCSA to adhere to all
existing regulations without exceptions.
Allen Taylor commented, ``The safety of the American citizen
demands that those who manage the most dangerous equipment on the
roadway MUST be tested and licensed. There cannot be an exemption for
heavy trucks just because an untested, incapable driver wishes to do a
good deed. As an equivalent, I personally should not be licensed to fly
a commercial aircraft just because I may wish to bring food to
Zimbabwe. The intention is NOT the critical factor--the ability to
manage ALL aspects heavy trucks is. The safety of our roadways demands
nothing less.'' Michael Hinchley commented, ``As a CDL A driver,
absolutely NOT. School & test requirements are REQUIRED by law for many
reasons. Understanding & speaking English also needs to be required,
otherwise citizens are at a very serious risk. Moving freight is
expensive & no reason to allow unqualified people operating 30,000+ lb
vehicles with proper qualifications.'' Neil Lemerise commented,
``Student driver's need to have an experienced CDL holder in the
passenger seat to adequately mentor them. Do not give an exemption to
the current regulations.'' Dale Richards commented, ``This seems to be
adding a lot of risk to the general public without any rewards. I would
urge the FMCSA to not allow this exemption.''
V. FMCSA Decision
FMCSA evaluated Agri-Tech Aviation's application and public
comments and denies the exemption request. The request from Agri-Tech
Aviation raises safety concerns because of multiple complicating
factors identified in the application, including the potential use of
CLP holders to transport hazardous materials (HM).
Agri-Tech Aviation's exemption application states that it
transports between 500 to 900 gallons of jet fuel and 1350 gallons of
crop protection products, some of which require placarding. The
applicant does not address any safety countermeasures relating to the
transportation of HM under the exemption. In addition, 49 CFR 383.93(b)
provides that all drivers of vehicles that require an HM placard must
have an HM CDL endorsement
[[Page 61920]]
unless waived by the State under 49 CFR 383.3(i).
Although the applicant's CLP holders for whom the exemption is
sought have passed the CDL skills test, 49 CFR 383.93(a)(2) prohibits
CLP holders from obtaining an HM endorsement. The applicant's statement
that it takes time to get a Class A CDL with a HM endorsement and that
the exemption would allow its drivers to ``get real driving experience
while obtaining a Class A CDL'' suggest that the applicant would use
its CLP holders to transport material that requires an HM endorsement
if the exemption were granted. The applicant does not address how it
would achieve an equivalent level of safety while using drivers to
transport placarded HM without a HM endorsement.
Other than the statement that all drivers are fully trained to meet
FMCSA regulations, the applicant does not provide any information on
how it would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.
This is not sufficient information for FMCSA to make a finding that
granting the exemption would likely result in an equivalent level of
safety as would be achieved under the regulations.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-20046 Filed 9-29-26; 8:45 am]
BILLING CODE 4910-EX-P
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