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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106729-106730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31267]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0289]

Commercial Driver's License: State of Hawaii; Application for 
Exemption

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 the State of Hawaii has applied for an 
exemption from specified portions of the commercial driver's license 
(CDL) skills test and entry-level driver training (EDLT) curriculum 
requirements. The State of Hawaii currently has a two-year exemption 
that expires on February 20, 2026, under which it may waive portions of 
the CDL skills test for CDL applicants who take the skills test on the 
islands of Lanai and Molokai and grant restricted CDLs to successful 
applicants. The State of Hawaii now requests a five-year exemption of 
these provisions, with the addition of an exemption from certain 
portions of the ELDT curriculum requirements for providers of behind-
the-wheel (BTW) public road training on the islands of Lanai and 
Molokai. FMCSA requests public comment on the applicant's request for 
an exemption and whether the Agency should withdraw Hawaii's current 
exemption that expires on February 20, 2026, and grant a new five-year 
exemption from both the CDL skills test and the ELDT requirements.

DATES: Comments must be received on or before January 29, 2025.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2024-0289 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-2024-0289) 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 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; or [email protected]. 
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-2024-0289), indicate

[[Page 106730]]

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-2024-0289'' 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. Applicant's Request

    The State of Hawaii seeks a five-year exemption from the 
requirements in 49 CFR 383.113(c) that an applicant for a CDL must 
demonstrate the ability to signal appropriately when changing direction 
in traffic and the ability to choose a safe gap for changing lanes, 
passing other vehicles, and crossing or entering traffic (49 CFR 
383.113(c)(2) and (4)). The Agency granted this same relief to Hawaii 
on February 20, 2024, until February 20, 2026 (89 FR 12940). Hawaii 
maintains that the islands of Lanai and Molokai do not have at least 
two miles of a straight section of urban business street and at least 
two miles of an expressway or highway section with multiple lanes going 
in each direction to allow the ability to legally change lanes. The 
applicant states that there are no plans to change the infrastructure 
to include sections of roadway meeting these parameters prior to the 
expiration date of the current exemption.
    The applicant further requests regulatory relief for any provider 
of ELDT BTW public road training on these islands from full compliance 
with the ELDT requirements in 49 CFR part 380, appendix A and B. 
Specifically, the applicant requests relief from Unit A3.1 of the class 
A CDL training curriculum, and Unit B3.1 of the Class B CDL training 
curriculum. Both units are titled, ``Vehicle Controls Including: Left 
Turns, Right Turns, Lane Changes, Curves at Highway Speeds, and Entry 
and Exit on the Interstate or Controlled Access Highway.''
    A copy of the State of Hawaii's application for exemption is 
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 the State of Hawaii's 
application for an exemption. FMCSA specifically requests comment on 
whether the Agency should withdraw the applicant's existing exemption 
that expires on February 20, 2026 (89 FR 12940) and grant a new five-
year exemption from the same requirements in 49 CFR 383.113(c) and the 
requested regulatory relief to providers of ELDT BTW public road 
training on the islands of Lanai and Molokai. 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 persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-31267 Filed 12-27-24; 8:45 am]
BILLING CODE 4910-EX-P
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