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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 105175-105177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30737]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0293]

Commercial Driver's License: Application for Exemption; American 
Public Transportation Association

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 announces that it has received an application for an 
exemption from the American Public Transportation Association (APTA), 
on behalf of public transit agencies and their contractor partners, to 
allow State Driver Licensing Agencies (SDLAs) to waive the ``under-the-
hood'' portion of the pre-trip vehicle inspection skills test 
requirement for commercial driver's license (CDL) applicants seeking to 
operate vehicles in public transportation, including interstate 
commerce. FMCSA requests public comment on APTA's request for an 
exemption.

DATES: Comments must be received on or before January 27, 2025.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2024-0293 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, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
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-2024-0293) 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, 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 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; [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 105176]]

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-2024-0293), 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-2024-0293'' 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. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope. FMCSA will consider all comments and material received during 
the comment period.

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 [email protected]. 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 the applicant's safety analyses. 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. Current Regulatory Requirements

    The CDL regulations at 49 CFR 383.113(a) require that applicants 
for a CDL possess basic pre-trip vehicle inspection skills for the 
vehicle class that they operate or expect to operate. Applicants must 
be able to identify each safety-related part on the test vehicle and 
explain what needs to be examined during a pre-trip vehicle inspection 
to ensure the safe operation of the commercial motor vehicle. Under 49 
CFR 383.113(a)(1)(i), applicants must possesses this skill for the 
engine compartment of the vehicle. This portion of the test is known as 
the ``under-the-hood'' testing component.

IV. Applicant's Request

    APTA, on behalf of public transit agencies and their contractor 
partners, applied for an exemption from the ``under-the-hood'' portion 
of the pre-trip inspection segment of the CDL skills test. The 
exemption would allow SDLAs to waive the engine compartment component 
of the pre-trip vehicle inspection skills test required under 49 CFR 
383.113(a)(1)(i) for CDL applicants seeking to operate vehicles in 
public transportation, including interstate transportation.
    According to the applicant, the public transit industry continues 
to experience a severe shortage of drivers and is struggling to 
maintain its workforce. APTA has identified the ``under-the-hood'' 
testing requirement as a significant impediment to hiring bus 
operators, leading to reduced transit service, missed trips, and 
increased costs for public transit agencies. APTA believes that the CDL 
``under-the-hood'' test is completely unrelated to transit bus 
operators' job responsibilities; creates equity concerns and serves as 
a deterrent to certain individuals who would otherwise thrive in this 
career; and is increasingly becoming obsolete with the transition to 
zero-emission vehicles. The applicant further adds that its members' 
bus operator hiring issues are similar to those faced by the school bus 
industry and that FMCSA has granted similar relief allowing States to 
waive the ``under-the-hood'' test for CDL applicants intending to 
become school bus operators.
    In support of its application, APTA submitted a research report it 
commissioned entitled, ``Impact of CDL Under-the-Hood Testing 
Requirement on Public Transit Agencies' Ability to Hire Bus 
Operators,'' dated November 1, 2024.
    A copy of APTA's application for exemption and its research report 
are available for review in the docket for this notice.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on the APTA's application for an 
exemption. All comments received before 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

[[Page 105177]]

persons should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-30737 Filed 12-23-24; 8:45 am]
BILLING CODE 4910-EX-P
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