2774 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Marine Mammal Protection Act 

[16 U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[54 U.S.C. 300101 et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [54 U.S.C. 

312501 et seq.]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act [33 U.S.C. 1251–1377] 

(Section 404, Section 401, Section 319); 

Land and Water Conservation Fund 

(LWCF) [16 U.S.C. 4601–4604]; Safe 

Drinking Water Act (SDWA) [42 U.S.C. 

300(f)–300(j)(6)]; Rivers and Harbors Act 

of 1899 [33 U.S.C. 401–406]; Wild and 

Scenic Rivers Act [16 U.S.C. 1271– 

1287]; Emergency Wetlands Resources 

Act [16 U.S.C. 3921, 3931]; TEA–21 

Wetlands Mitigation [23 U.S.C. 

103(b)(6)(m), 133(b)(11)]; Flood Disaster 

Protection Act [42 U.S.C. 4001–4128]. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction.) 

Authority: 23 U.S.C. 139(l)(1). 

Michael T. Leary, 

Director, Planning and Program Development, 

Federal Highway Administration. 

[FR Doc. 2025–00453 Filed 1–10–25; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0288] 

Commercial Driver’s License: 

Application for Exemption; James D. 

Welch 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application for an 

exemption from James D. Welch, a 

Weapons Safety Division Chief for the 

U.S. Air Force Reserve Command 

(AFRC). Mr. Welch requests an 

exemption for Air Reserve Technicians 

(ARTs) working under the AFRC from 

the requirement to obtain a commercial 

driver’s license (CDL) to operate a 

commercial motor vehicle (CMV). 

Currently, the CDL regulations contain 

an exception for certain military drivers 

when operating CMVs for military 

purposes, but that exception does not 

cover U.S. Reserve technicians such as 

ARTs. FMCSA requests public comment 

on the applicant’s request for exemption 

for ARTs and on whether, if granted, the 

exemption should apply to all U.S. 

Reserve technicians. 

DATES: Comments must be received on 

or before February 12, 2025. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2024–0288 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. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number 

(FMCSA–2024–0288) 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-recordsnotices. The comments are posted 

without edit and are searchable by the 

name of the submitter. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Bernadette Walker, Transportation 

Specialist, Driver and Carrier 

Operations Division; (202) 385–2415; 

bernadette.walker@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–2024–0288), 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–2024–0288’’ 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Notices 2775 

1Mr. Welch submitted his request on ARFC 

letterhead and with his official title, but he did not 

indicate whether the applicant for the exemption 

was the ARFC or himself in his individual capacity. 

larger than 81⁄2 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, selfaddressed 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 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 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 

Mr. Welch 1 requests a five-year 

exemption from the requirements in 49 

CFR part 383 for ARTs working under 

the AFRC. The CDL regulations in 49 

CFR part 383 require every person who 

operates a CMV, as defined in 49 CFR 

383.5, to obtain a CDL. Under 49 CFR 

383.3(c), States are required to exempt 

individuals who operate CMVs for 

military purposes from 49 CFR part 383. 

The exception covers active-duty 

military personnel; members of the 

military reserves; members of the 

national guard on active duty, including 

personnel on full-time national guard 

duty, personnel on part-time national 

guard training, national guard military 

technicians (civilians who are required 

to wear military uniforms); and activeduty U.S. Coast Guard personnel. The 

regulation states that the ‘‘exception is 

not applicable to U.S. Reserve 

technicians.’’ Accordingly, ARTs, when 

operating on a military facility that is 

open to public travel or public road, are 

subject to the requirements of 49 CFR 

part 383 and must obtain a CDL to 

operate a CMV. 

Mr. Welch states that FMCSA 

previously granted his petition for 

rulemaking to consider amending 49 

CFR 383.3 and he is submitting his 

exemption request to expedite the relief. 

A copy of the Agency’s letter granting 

Mr. Welch’s petition for rulemaking has 

been added to the docket for this notice. 

Mr. Welch believes the exclusion of 

ARTs from the exception places a 

hardship on ARTs. In his petition for 

rulemaking, he states, ‘‘The Air Reserve 

Technician program is currently 

experiencing difficulties in hiring and 

retaining employees and this current 

federal regulation further exacerbates 

the problem.’’ Mr. Welch further 

explains that without the exception, the 

AFRC is required to provide funding for 

training in order for the members to 

obtain a CDL. 

Applicant’s Equivalent Level of Safety 

The applicant states that ARTs 

transport items on an installation with 

multiple layers of safety requirements 

and preapproved routes. The applicant 

lists the following safeguards that he 

believes will maintain a level of safety 

equivalent to or greater than the level of 

safety that would be achieved by 

complying with the regulations. He 

says, ‘‘First and second line supervisors 

are present for daily operations, quality 

assurance conducts random inspections 

daily, the base safety office also has 

oversight and increased training 

requirements that must be completed. 

Placarding is always required.’’ The 

applicant also states that they ‘‘comply 

with all . . . regulations in addition to 

the safety requirements that our Air 

Force instructions require.’’ 

A copy of Mr. Welch’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 

Mr. Welch’s application to exempt 

ARTs from the requirements in 49 CFR 

part 383 while operating CMVs for 

military purposes. FMCSA also requests 

comment on whether, if granted, the 

exemption should apply to all U.S. 

Reserve technicians. 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. 2025–00439 Filed 1–10–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0302] 

Commercial Driver’s License: 

International Motors, LLC; Application 

for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 


ddrumheller on DSK120RN23PROD with NOTICES1