97702 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 

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 

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. 

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; 

bernadette.walker@dot.gov. 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 (NewerOlder),’’ 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 (§ 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Notices 97703 

1As described in more detail below, after the 

enactment of the Infrastructure Investment and Jobs 

Act in 2021 (Pub. L. 117–58), Buy America 

requirements now include domestic construction 

material requirements. 2Eligible TOD projects can take many forms, 

including joint development; public infrastructure; 

and economic development, including commercial 

and residential development. One of the key 

parameters of the programs, among others, is that 

TOD projects must be within walking distance of 

a qualifying transit or passenger rail station. See 

https://www.transportation.gov/buildamerica/TOD. 

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 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No.: DOT–OST–2024–0130] 

Public Interest Waiver of the 

Application of Certain Domestic 

Preference Requirements and Policies 

for Transit-Oriented Development 

Housing Projects 

ACTION: Notice; request for comment. 

SUMMARY: In order to expeditiously 

deliver projects and provide meaningful 

infrastructure results while ensuring the 

appropriate application of domestic 

content standards, the U.S. Department 

of Transportation (DOT) is proposing a 

waiver of the domestic preference 

requirements to transit-oriented 

development (TOD) projects that receive 

credit assistance through the Build 

America Bureau (the Bureau) under the 

Transportation Infrastructure Finance 

and Innovation Act (TIFIA) and 

Railroad Rehabilitation and 

Improvement Financing (RRIF) credit 

programs. 

DATES: Comments must be received by 

December 24, 2024. 

ADDRESSES: Comments on this notice 

may be submitted to the U.S. 

Government electronic docket site at 

https://www.regulations.gov, Docket: 

DOT–OST–2024–0130. 

Note: All submissions received, including 

any personal information therein, will be 

posted without change or alteration to 

https://www.regulations.gov. For more 

information, you may review DOT’s complete 

Privacy Act Statement published in the 

Federal Register on April 11, 2000 (65 FR 

19477). 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Duane Callender, US 

Department of Transportation, Build 

America Bureau, at 202–366–2300 or 

Duane.Callender@dot.gov. For legal 

questions, please contact, Jessica 

Pettrone, DOT Office of the General 

Counsel, at 202–366–8560 or 

jessica.pettrone@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

DOT has a longstanding policy of 

requiring all projects, including TOD 

projects, receiving TIFIA and RRIF 

credit assistance to comply with 

domestic steel, iron, and manufactured 

products content requirements, 

collectively known as ‘‘Buy America’’ 

requirements,1 even where not covered 

by a specific Buy America statute. DOT 

has consistently required for-profit 

borrowers to comply with Buy America 

requirements on projects receiving 

credit assistance since TIFIA’s inception 

in 1998 and since 2010 for RRIF, 

whether or not appropriated funds were 

used for the cost of the credit assistance. 

Accordingly, because Buy America is 

applied to all projects receiving TIFIA 

or RRIF credit assistance, DOT, in an 

effort to ensure transparency and 

maintain consistency in the application 

of Buy America standards for all 

recipients (one rule for all projects and 

borrowers), proposes to apply this 

waiver to both projects with for-profit 

borrowers that do not use any 

appropriated funds for the cost of the 

loan, to which Buy America 

requirements are applied as a matter of 

policy, as well as to projects with nonFederal entity borrowers (whether or not 

such loans use appropriated funds), to 

which Buy America requirements apply 

as a matter of law. DOT proposes a 

waiver of the Buy America 

manufactured products requirement for 

TIFIA and RRIF TOD projects that 

include any housing elements (TOD 

Housing Projects) and that enter into 

creditworthiness review on or before 

December 31, 2025. 

On November 15, 2021, President 

Biden signed the Bipartisan 

Infrastructure Law (BIL), enacted as the 

Infrastructure Investment and Jobs Act 

(IIJA). Public Law 117–58. BIL 

reauthorized Federal surface 

transportation programs and invested 

billions in transformational projects that 

are creating good-paying jobs, growing 

the economy, and making our 

transportation system safer and more 

resilient. TOD projects are eligible for 

both TIFIA (23 U.S.C. 601(a)(12)(E)) and 

RRIF (49 U.S.C. 22402(b)(1)(F)) 

financing, subject to all other eligibility 

criteria, and compliance with all 

applicable Federal requirements and 

creditworthiness standards.2

Transportation and land use reforms 

are central strategies to achieving many 

of the Biden-Harris administration 

goals, including reaching net-zero 

greenhouse gas emissions by 2050; 

addressing the housing supply and 

affordability crises throughout the 

country; and advancing equity, fair 


ddrumheller on DSK120RN23PROD with NOTICES1