Commercial Driver's License: PAM Transport, Inc.; Application for Exemption

Issuing agencies

Abstract

FMCSA requests public comment on PAM Transport Inc.'s (PAM) application for an exemption from the requirement that a holder of a commercial learner's permit (CLP) who has successfully passed the commercial driver's license (CDL) skills test but not yet been issued CDL credentials be accompanied by a CDL holder in the front seat, while the commercial motor vehicle (CMV) is driven by the CLP holder. PAM states that the CDL holder would remain in the CMV while the CLP holder is driving, but not necessarily in the passenger seat of the vehicle. FMCSA is required by statute to publish a notice explaining each exemption request. This notice does not indicate what decision FMCSA will ultimately reach on the request. After reviewing the application, safety analyses, and public comments submitted, FMCSA will grant or deny the exemption.

Full Text

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<title>Federal Register, Volume 91 Issue 206 (Tuesday, October 27, 2026)</title>
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[Federal Register Volume 91, Number 206 (Tuesday, October 27, 2026)]
[Notices]
[Pages 67645-67647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21906]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2026-3466]


Commercial Driver's License: PAM Transport, Inc.; 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 PAM Transport Inc.'s (PAM) 
application for an exemption from the requirement that a holder of a 
commercial learner's permit (CLP) who has successfully passed the 
commercial driver's license (CDL) skills test but not yet been issued 
CDL credentials be accompanied by a CDL holder in the front seat, while 
the commercial motor vehicle (CMV) is driven by the CLP holder. PAM 
states that the CDL holder would remain in the CMV while the CLP holder 
is driving, but not necessarily in the passenger seat of the vehicle. 
FMCSA is required by statute to publish a notice explaining each 
exemption request. This notice does not indicate what decision FMCSA 
will ultimately reach on the request. After reviewing the application, 
safety analyses, and public comments submitted, FMCSA will grant or 
deny the exemption.

DATES: Comments must be received on or before November 27, 2026.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-3466 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, W58-213, West Building, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-
213, West Building, 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-2026-3466) 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: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; <a href="/cdn-cgi/l/email-protection#592b303a31382b3d773a353c343c372d3c193d362d773e362f"><span class="__cf_email__" data-cfemail="acdec5cfc4cddec882cfc0c9c1c9c2d8c9ecc8c3d882cbc3da">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

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-2026-3466), 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 
mailing address, an email address, or a phone number in the

[[Page 67646]]

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-2026-3466/document">https://www.regulations.gov/docket/FMCSA-2026-3466/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 
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 Sarah Stella, 
Chief, Regulatory Development 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#06756774676e287572636a6a674662697228616970"><span class="__cf_email__" data-cfemail="f98a988b9891d78a8d9c959598b99d968dd79e968f">[email&#160;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-2026-3466 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 Dockets 
Operations in the DOT West Building, 1200 New Jersey Avenue SE, W58-
213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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(s) 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. Applicant's Request

Current Regulatory Requirements

    The Agency's CDL regulations in 49 CFR 383.25(a)(1) require that a 
CLP holder always be accompanied by the holder of a valid CDL for the 
group (e.g., Group A or B) and with any endorsement(s) necessary to 
operate the CMV. The CDL holder must be physically present in the front 
seat of the vehicle next to the CLP holder or, in the case of a 
passenger vehicle, directly behind or in the first row behind the 
driver and must have the CLP holder under observation and direct 
supervision.

Applicant's Request

    PAM recruits and develops entry-level commercial drivers through 
partnerships with CDL training programs, including programs where 
training is conducted in a State other than the driver's State of 
domicile. The applicant seeks a 5-year exemption from the provisions in 
49 CFR 383.25(a)(1) to allow CLP holders who have successfully passed a 
CDL skills test and are thus eligible to receive a CDL to drive a CMV 
without a CDL holder present in the front passenger seat of the 
vehicle. PAM states that the exemption, if granted, would allow the CLP 
holder to begin employment in a timelier manner, strengthen their newly 
acquired driving skills, and participate in a revenue-generating trip 
back to their State of domicile to obtain their CDL documents.
    PAM estimates that approximately 500-700 CLP holders would operate 
each year under the terms of the exemption. Absent the exemption, PAM 
states that the driver's transition into productive employment would be 
delayed until the driver's State of domicile issues the CDL or the 
driver is sent home in a non-driving capacity. The applicant asserts 
that this outcome is inefficient for PAM and presents a lost employment 
opportunity for the driver. PAM states that the administrative waiting 
period results in operational inefficiencies and financial hardships 
for already-trained drivers, and the potential degradation of recently 
acquired driving skills. PAM further adds that as the trucking industry 
is already experiencing significant driver turnover, requiring drivers 
to remain idle during this period may increase attrition and discourage 
workforce participation.

Applicant's Equivalent Level of Safety

    PAM asserts that exemption will result in a level of safety that is 
equivalent to, or greater than, the level of safety without the 
exemption, as it would limit CMV operation under the exemption to 
drivers who have passed the CDL skills test and therefore have 
demonstrated that they meet stringent qualification requirements. 
Before a driver may operate under the exemption, PAM would verify that 
the driver: (1) holds a valid CLP issued by the driver's State of 
domicile; (2) holds a valid State-issued driver's license from the 
jurisdiction that issued the CLP; (3) has successfully completed the 
applicable CDL skills examination and possesses evidence of this 
completion; (4) holds all endorsements required for the CMV being 
operated; (5) is medically qualified to operate the CMV; (6) is not 
subject to an out-of-service order or suspension of driving privileges; 
(7) satisfies PAM's driver qualification requirements; and (8) has a 
qualified CDL holder with the appropriate CDL class and endorsements 
physically present in the CMV while the CLP holder is operating the CMV 
under the exemption. PAM would also require the driver to

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maintain possession of the required documentation, including a valid 
State driver's license, valid CLP, documentation demonstrating 
successful completion of the CDL skills test, and a copy of the FMCSA 
exemption, and ensure that these documents are accessible in the event 
of an inspection by authorized Federal, State, or local enforcement 
officials. PAM would document operations under the exemption and 
continuously monitor the safety performance of the CLP holder and adds 
that any driver who becomes ineligible under the conditions of the 
exemption would be immediately removed from operation under the 
exemption.
    A copy of PAM'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 PAM's application for an 
exemption from the requirement that a CLP holder be accompanied by a 
CDL holder with the proper CDL class seated in the front seat while the 
CLP holder operates the CMV. 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. 2026-21906 Filed 10-26-26; 8:45 am]
BILLING CODE 4910-EX-P


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