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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97702-97703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28850]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0125]

Commercial Driver's License; 3 North LLC; Application for 
Exemption

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 3 North LLC's request for 
a 5-year exemption to enable 3 of its commercial driver's license (CDL) 
holders under the age of 21, with a ``K'' restriction for intrastate-
only operations, to drive commercial motor vehicles (CMVs) in 
intrastate operations in a State other than their State of domicile. 
FMCSA analyzed the application and public comments and determined that 
the exemption would not 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, FMCSA; (202) 385-2415; [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Services, (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-2024-0125'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
thein the docket, go to www.regulations.gov, insert docket number 
``FMCSA-2024-0125'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
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 the safety analyses submitted by the applicant.
    The Agency reviews 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 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 reason for the denial 
(49 CFR 381.315(c)(2)). If granted, the exemption may be renewed (49 
CFR 381.300(b)).

III. Background

Current Regulation(s)/Requirements

    Drivers of CMVs, as defined in 390.5T, operating in interstate 
commerce, must be at least 21 years of age (Sec.  391.11(b)(1)). CDL 
holders who are younger than age 21 may drive in intrastate commerce 
only in the driver's State of domicile. FMCSA's CDL regulations in 49 
CFR 383.153(a)(10)(vii) require that CDLs issued to drivers limited to 
intrastate commerce be marked with a ``K'' restriction.

Applicant's Request

    3 North LLC's application for an exemption was described in detail 
in the Federal Register published on June 11, 2024 (89 FR 49263) and 
will not be repeated here as the facts have not changed.

IV. Public Comments

    In the Federal Register Notice announcing the receipt of 3 North 
LLC's application, FMCSA requested public comments by July 11. FMCSA 
subsequently extended the comment period until July 25, 2024 (89 FR 
56473) because the exemption application was not available for public 
review in the docket until June 24, 2024.
    The Agency received six comments, one supporting the application, 
three opposing, and two neither supporting nor opposing it. The Hooper 
Cooperation stated in support, ``There are many exceptions in the 
FMCSRs that attempt to balance the need for public safety with the 
common value of the service being performed by the CMV driver, 
including one relieving hours of service requirements for utility 
service vehicles. One would think similar consideration could be made 
for the `K' restricted CDL holder provided they operate only in a 
route-defined intrastate capacity when working on projects outside of 
their home state.''
    Three commenters opposed the exemption. The Truck Safety Coalition, 
Citizens for Reliable and Safe Highways, and Parents Against Tired 
Truckers jointly stated, ``This exemption request is unsafe and defies 
all available evidence for teen driving safety.'' They said about the 
applicant's request, ``No data is cited regarding the vehicle density 
of the alleged remote roads. No reason is given why the company cannot 
simply hire drivers with a CDL age 21 or older. No additional 
precautions are proposed for these under-21 drivers to minimize risk to 
themselves or others on the road or at the job site. No effort is made 
to ensure they achieve an equivalent or greater level of safety with a 
high-risk cohort of drivers.'' The American Association of Motor 
Vehicle Administrators (AAMVA) stated that States use the intrastate in 
a variety of different circumstances, commenting, ``the application of 
the K restriction as limited to intrastate operations is specifically 
meant to ensure that the driver, who has not met federal regulatory 
obligations, is prevented from moving to another jurisdiction and 
exchanging a restricted driver's license for another restricted 
license. If the license transfer process does not include

[[Page 97703]]

a reason for issuance, drivers may now be allowed to operate in 
environments for which they may not be qualified.'' AWM Associates, LLC 
stated, ``FMCSA should not be interfering with state laws regarding 
transfer of CDLs.''
    Dennis Murphy made the following suggestion: ``3 North LLC could 
accomplish its goals of having 18-20-year-old CDL holders operate in 
another State by enrolling in the Safe Driver Apprenticeship Program 
without requiring any exemptions. This would ensure that the 18-20-
year-old CDL holders who are operating in another State than they hold 
a license in are held to the same standards as any other 18-20-year-old 
CDL holder who wishes to operate in a different state than they hold a 
license in.'' CL, an individual, stated, ``If an exemption is granted, 
the exempted individuals should be required to obtain a medical 
certificate. This exemption must be tied to the three (3) individuals 
and should not be transferable once those individuals turn 21.''

V. FMCSA Safety Analysis and Decision

    FMCSA evaluated 3 North LLC's application and the public comments 
and denies the exemption request. Based on the information provided by 
the applicant and commenters, the Agency is unable to determine that 
the applicant would likely achieve a level of safety equivalent to, or 
greater than, the level obtained by complying with the regulation. 
FMCSA agrees with AAMVA that allowing drivers with a ``K'' restriction 
to operate in States other than their State of domicile could disrupt 
and confuse each State's use of the ``K'' restriction and could allow 
drivers to operate in environments for which they may not be qualified. 
Accordingly, the Agency would need persuasive evidence that such 
operations would likely achieve an equivalent level of safety before 
interfering with the ``K'' restriction. Furthermore, FMCSA agrees that 
the more appropriate path for motor carriers interested in using 
individuals under the age of 21 is the Agency's Safe Driver 
Apprenticeship Program (https://www.fmcsa.dot.gov/sdap).
    For the reasons stated above, 3 North LLC's exemption application 
is denied.

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-28850 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-EX-P
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