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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3990-3992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00818]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0307]

Commercial Driver's License: Bianco Trucking Services, LLC d.b.a. 
CDL and Operator Training; 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: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on the application from Bianco Trucking 
Services, LLC d.b.a. CDL and Operator Training (``Bianco'') for an 
exemption to allow drivers aged 18, 19, and 20 years with a Wisconsin 
State-issued commercial learners permit (CLP) and a ``K'' restriction 
on their CLP to attend its driver training facility in Michigan. Bianco 
is a registered entry-level driver training (ELDT) provider listed on 
the Agency's Training Provider Registry (TPR).

DATES: Comments must be received on or before February 14, 2025.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2024-0307 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,

[[Page 3991]]

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-2024-0307) 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: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time on the ground level of 
the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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.

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.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2024-0307), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
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/docket/FMCSA-2024-0307, click on this notice, click ``Comment,'' and type your 
comment into the text box on the following screen.
    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.
    FMCSA will consider all comments and material received during the 
comment period. Comments received after the comment closing date will 
be filed in the public docket and will be considered to the extent 
practicable.

B. 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.

C. Viewing Comments and Documents

    To view comments, as well as any documents mentioned as being 
available in the docket, go to https://www.regulations.gov/docket/FMCSA-2024-0237/document and choose the document to review. To view 
comments, click this notice, then click ``Browse Comments.'' If you do 
not have access to the internet, you may view the docket online by 
visiting Docket Operations on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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.

D. Privacy

    In accordance with 5 U.S.C. 553(c), 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 (Federal Docket Management System (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.

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 analysis. 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 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)). The exemption may be renewed (49 CFR 381.300(b)).

III. Current Regulatory Requirements

    Drivers of commercial motor vehicles (CMVs), as defined in 49 CFR 
390.5T, operating in interstate commerce, must be at least 21 years of 
age (Sec.  391.11(b)(1)). An individual younger than age 21 may drive 
in intrastate commerce only in the driver's State of domicile. FMCSA's 
regulations at 49 CFR 383.153(b)(2)(ix)(G) require that CLPs issued to 
drivers limited to intrastate commerce be marked with a ``K'' 
restriction.

[[Page 3992]]

IV. Applicant's Request

    Bianco requests a 5-year exemption to allow drivers aged 18, 19, 
and 20 years, with a Wisconsin State-issued CLP and a ``K'' restriction 
on their CLP, to attend Bianco's driver training facility in Michigan. 
The applicant's driver training facility is listed on the Agency's 
Training Provider Registry. The applicant states that its facility is 
located approximately 29 miles from the Wisconsin border. Bianco states 
that several students located in Wisconsin have inquired about 
attending its training program because Bianco's training facility is 
their closest registered training provider. The applicant further adds 
that an option to attend a training program located within a reasonable 
driving distance would be invaluable to students who are working and 
attending school at the same time.
    Bianco indicates that drivers under this exemption will not operate 
a CMV without a licensed training provider in the vehicle, apart from 
range maneuvers on a training lot that is maintained and insured by the 
applicant. Bianco also requires pre-employment drug screens for all 
students prior to the start of its training class. The students are 
also required to complete all components of the ELDT as required under 
49 CFR part 380. A copy of Bianco's application for exemption is 
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 Bianco's application for an 
exemption. All comments received before the close of business on the 
comment closing date 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. 2025-00818 Filed 1-14-25; 8:45 am]
BILLING CODE 4910-EX-P
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