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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2024-0253]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).

# ACTION:

Notice of application for exemption; request for comments.

# SUMMARY:

FMCSA announces that Albert Farley Jr. has requested an exemption from the theory and behind-the-wheel (BTW) instructor requirements contained in the entry-level driver training (ELDT) regulations for himself as a prospective training instructor. Mr. Farley Jr. seeks an exemption from the requirement that instructors have at least two years of driving experience of the same or higher class and/or the same endorsement level as the commercial motor vehicle (CMV) to be operated to satisfy the instructor requirements under the ELDT regulations. FMCSA requests public comment on the applicant's request for exemption.

# DATES:

Comments must be received on or before January 8, 2025.

# ADDRESSES:

You may submit comments identified by Federal Docket Management System Number FMCSA-2024-0253 by any of the following methods:
      -  Federal eRulemaking Portal: www.regulations.gov.                          See the Public Participation and Request for Comments section below for further information.                    
      -  Mail:                          Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001.                    
      -  Hand Delivery or Courier:                          West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.                    
      -  Fax:                          (202) 493-2251.                    

                        Each submission must include the Agency name and the docket number (FMCSA-2024-0253) for this notice. Note that DOT posts all comments received without change to                         *www.regulations.gov,*                         including any personal information included in a comment. Please see the Privacy Act heading below.                    

*Docket:*                         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,                               ( print page 97701)                            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.                    

*Privacy Act:*                         In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, including any personal information the commenter provides, to                         *www.regulations.gov*                         as described in the system of records notice DOT/ALL-14 FDMS, which can be reviewed under the “Department Wide System of Records Notices” at                         *https://www.transportation.gov/​individuals/​privacy/​privacy-act-system-records-notices.*                         The comments are posted without edit and are searchable by the name of the submitter.                    

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Richard Clemente, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; (202) 366-2722;                         *richard.clemente@dot.gov.*                         If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826.                    

# SUPPLEMENTARY INFORMATION:

## I. Public Participation and Request for Comments

FMCSA encourages you to participate by submitting comments and related materials.

### Submitting Comments

If you submit a comment, please include the docket number for this notice (FMCSA-2024-0253), 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                     *www.regulations.gov*                     and put the docket number “FMCSA-2024-0253” in the “Keyword” box, and click “Search.” When the new screen appears, click on the “Comment” button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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.                

### 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                     *brian.g.dahlin@dot.gov.*                     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.                

## 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 any 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. Applicant's Request

Albert Farley, Jr. requests an exemption from the two-year road time requirement for a Class A CDL in 49 CFR 380.301. Although Mr. Farley's application references 49 CFR 380.301, section 380.301 applies to Longer Combination Vehicle (LCV) instructor requirements. FMCSA contacted Mr. Farley and confirmed that he is a Class A CDL holder who instructs Class A and B CDL students and does not seek to be an LCV instructor. FMCSA clarified that Mr. Farley requests an exemption from the requirement in the ELDT regulations in 49 CFR 380.605 that theory and BTW instructors have at least two years of driving experience of the same or higher class and/or the same endorsement level as the CMV to be operated.

Mr. Farley requests the exemption due to the growing demand for Class A CDL operators in his county, as agricultural hauling and logging are two primary industries that rely heavily on these drivers. He further asserts that there is an urgent need for CDL instructors as there are only three driver training schools that offer such training. The applicant adds that over the past 32 years, he has gained valuable experience as a bus driver, and in the last two years he has taken on the role of instructor to address the bus driver shortage by becoming a Class 1 CDL—Bus Driver Education Instructor. The applicant further states that fulfilling the two-year road requirement in the ELDT rules would pose a financial strain and create a void in his current workplace. Mr. Farley's application includes three letters of support emphasizing Mr. Farley's work experience and the need for more Class A instructors.

A copy of Albert Farley Jr.'s application for exemption and the letters in support of his application are 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 Albert Farley, Jr.'s application for an exemption from the requirements in 49 CFR 380.605 from the definition of a Theory and Behind-the-wheel (BTW) instructor, which would allow Mr. Farley to become a class A CDL instructor without two years of interstate driving on his class A CDL license. All comments received before                           ( print page 97702)                        the close of business on the comment closing date indicated at the beginning of this notice 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. 2024-28764 Filed 12-6-24; 8:45 am]

BILLING CODE 4910-EX-P