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[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Notices]
[Pages 2774-2775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00439]

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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.

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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-records-notices. 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; 
[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-2024-0288), 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

[[Page 2775]]

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

    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 active-duty 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.
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    \1\ Mr. 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.
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    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
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