80008 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0122] 

Entry-Level Driver Training: State of 

Alaska Application for Renewal of 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

granting of renewal of exemption. 

SUMMARY: FMCSA announces its final 

decision to renew the exemption 

granted to the State of Alaska from the 

limitations imposed by the commercial 

driver’s license (CDL) regulations on the 

State’s ability to issue restricted CDLs. 

The exemption renewal allows the State 

to waive specified portions of the CDL 

skills test for drivers who reside and 

operate in 14 defined geographic areas 

that lack the infrastructure to allow 

completion of the full skills test. Drivers 

who receive a restricted CDL under the 

provisions of the renewed exemption 

are also exempt from the Entry-Level 

Driver Training (ELDT) regulations. 

FMCSA concludes that renewing the 

exemption, subject to the terms and 

conditions set forth below, is likely to 

achieve a level of safety equivalent to or 

greater than the level of safety that 

would be achieved absent the 

exemption. 

DATES: The exemption is effective for 

the period of December 30, 2024, 

through December 30, 2029. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–2722. MCPSD@

dot.gov. 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 comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2022–0122’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2022–0122’’ in 

the keyword box, click ‘‘Search,’’ and 

chose the document to review. 

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, 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 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 safety analyses submitted by 

the applicant. The Agency must provide 

an opportunity for public comment on 

the request. 

The Agency reviews safety analyses 

and public comments submitted and 

determines whether granting the 

exemption would likely maintain a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305(a)). 

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 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 

reasons for the denial (49 CFR 

381.315(c)(2)). The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

Current Regulatory Requirements 

Under 49 CFR 383.3(e), Alaska may 

waive certain knowledge and skills test 

requirements and issue restricted CDLs, 

which are valid only within the State 

and are subject to certain conditions. To 

be eligible for a restricted CDL under 49 

CFR 383.3(e), drivers must operate 

exclusively over roads that are not 

connected to the State highway system 

and to any highway or vehicular way 

with an average daily traffic volume 

greater than 499 (49 CFR 383.3(e)(2)). 

The Federal Highway Administration, 

FMCSA’s predecessor agency, set the 

daily traffic volume limit at 499 in 1989 

(54 FR 33230) and codified it in the 

FMCSRs in 1996 (61 FR 9546). 

Relatedly, ELDT regulations set forth in 

49 CFR part 380, subparts F and G, 

establish minimum training standards 

for individuals applying for certain 

CDLs and define curriculum standards 

for theory and behind-the-wheel 

training. The ELDT curriculum in 49 

CFR part 380, appendix A, section A3.1, 

requires Class A CDL applicants to 

demonstrate proficiency in proper 

techniques for initiating vehicle 

movement, executing left and right 

turns, changing lanes, navigating curves 

at speed, entry and exit on the interstate 

or controlled-access highway, and 

stopping the vehicle in a controlled 

manner. Under 49 CFR 380.603(a)(2), 

drivers issued a restricted CDL by 

Alaska are exempt from the ELDT 

requirements. 

Under the CDL regulations, before 

receiving a CDL from a State, a driver 

must safely pass an on-road driving test. 

Requisite skills include: the ability to 

adjust speed to various driving 

conditions (49 CFR 383.113(c)(3) and 

the ability to choose a safe gap when 

driving around other vehicles (49 CFR 

383.113(c)(4)). 

IV. Application for Renewal of 

Exemption 

The exemption renewal application 

was described in detail in a Federal 

Register notice published on June 18, 

2024 (89 FR 51592) and will not be 

repeated here as the facts have not 

changed. 

V. Public Comments 

FMCSA requested public comments 

on the renewal application but received 

none. 

VI. FMCSA Safety Analysis and Agency 

Decision 

FMCSA has evaluated Alaska’s 

application for renewal of its 

exemption. The current exemption was 

granted on December 28, 2022 (87 FR 

79932), for the period December 28, 

2022, through December 30, 2024. The 

Agency has monitored the records of 

drivers who were issued CDLs under 

this exemption and has found no 

deterioration of their safety records. 

Based on its analysis, the Agency has 

decided to renew Alaska’s exemption 

request from 49 CFR 383.3(e)(2). 

The Agency believes that granting a 

five-year renewal of the exemption 

allowing Alaska to issue restricted 

CDLs, subject to the terms and 

conditions set forth below, will 

maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption (49 CFR 381.305(a)). The 

exemption applies only to CDL 

applicants who reside in one of the 

named remote geographical areas 

identified below and who operate only 


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Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 80009 

1The locales were identified by the State of 

Alaska’s Department of Administration, Division of 

Motor Vehicles (DMV) and independently verified 

by FMCSA as lacking the infrastructure for CDL 

applicants to perform the skills required by 49 CFR 

383.113(c)(3) and (c)(4). FMCSA notes that the DMV 

initially identified 15 affected locales, but FMCSA 

determined that one of the 15 communities operates 

on major connected thoroughfares and the distances 

involved are not dissimilar to that experienced by 

many rural communities in the western United 

States. The DMV’s letter identifying the affected 

areas is available in the docket of this Notice and 

can be accessed at Regulations.gov. 

within those defined areas. In addition, 

the State may waive only specified 

elements of the skills test affected by the 

lack of infrastructure in the identified 

communities. Individuals applying for a 

restricted CDL covered by this 

exemption are exempt from ELDT in 

accordance with 49 CFR 380.603(a)(2). 

VII. Exemption Decision 

A. Applicability of Exemption 

FMCSA grants Alaska a renewal of an 

exemption from 49 CFR 383.3(e)(2) for 

a period of five years subject to the 

terms and conditions of this decision. 

Alaska may issue CDLs under this 

exemption only to drivers who reside in 

the following communities or areas: 1

(1) Bethel—within the local Bethel 

community road network 

(2) Prince of Wales Island 

(3) Haines—within the Haines 

community, and along the Haines 

Highway corridor, ending at the 

Canadian Border 

(4) Ketchikan—within the Ketchikan 

community and the airport area on 

the neighboring Annette Island 

(5) King Salmon—within the local King 

Salmon community road network 

(6) Kodiak Island 

(7) Kotzebue—within the local Kotzebue 

community road network 

(8) Nome—within the local Nome 

community road network 

(9) Mitkof Island (Petersburg) 

(10) Sitka—within the local Sitka 

community road network 

(11) Skagway—within the Skagway 

community and along the Klondike 

Highway corridor, ending at the 

Canadian Border 

(12) Unalaska Island 

(13) Utqiavik—within the Utqiavik 

community road network 

(14) Wrangell Island 

B. Terms and Conditions 

Alaska and drivers operating under 

this exemption are subject to the 

following terms and conditions: 

(1) Alaska must comply with 49 CFR 

383.133(b) and 383.135(a) of the 

knowledge test standards for testing 

procedures and methods set forth in 49 

CFR part 383, subpart H, and must 

continue to administer knowledge tests 

that fulfill the content requirements of 

subpart G. 

(2) Alaska may waive only the 

following portions of the CDL skills test, 

as set forth in 49 CFR 383.113(c), that 

cannot be performed due to 

infrastructure limitations in the 

identified communities or areas: 

• ability to adjust speed to the 

configuration and condition of the 

roadway, weather and visibility 

conditions, traffic conditions, and motor 

vehicle, cargo, and driver conditions 

(§ 383.113(c)(3)); and 

• ability to choose a safe gap for 

changing lanes, passing other vehicles, 

as well as for crossing or entering traffic 

(§ 383.113(c)(4)); 

(3) Drivers applying for a CDL to be 

issued under this exemption must 

reside in one of the 14 geographic areas 

identified in Section VII.A of this 

Notice; 

(4) Drivers issued a restricted CDL 

under this exemption may operate only 

within the 14 geographic areas 

identified in Section VII.A of this 

Notice; and 

(5) Drivers must comply with all other 

applicable Federal Motor Carrier Safety 

Regulations (49 CFR parts 350–399). 

(6) Alaska must include notice on a 

restricted CDL issued pursuant to this 

exemption of the geographic area(s) in 

which the CDL holder may operate a 

CMV. 

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 that 

conflicts with or is inconsistent with 

this exemption with respect to a person 

operating under the exemption. 

D. Notification to FMCSA 

Alaska must provide to FMCSA, upon 

request, a list of all drivers issued CDLs 

under this exemption. 

E. Termination 

FMCSA does not believe that drivers 

covered by this exemption will 

experience any deterioration of their 

safety records. The Agency will, 

however, rescind the exemption if: (1) 

Alaska or drivers operating under the 

exemption fail to comply with the terms 

and conditions of the exemption; (2) the 

exemption results 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 objective of 49 U.S.C. 

31136(e) and 31315(b). 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–22457 Filed 9–30–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2024–0127] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: SHADOW LINE (SAIL); 

Invitation for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

October 31, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2024–0127 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2024–0127 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2024–0127, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you include 

your name and a mailing address, an email 

address, or a telephone number in the body 

of your document so that we can contact you 

if we have questions regarding your 

submission. 


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