4830 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Notices 

this exemption will experience any 

deterioration of their safety record. 

However, should this occur, FMCSA 

will take all steps necessary to protect 

the public interest, including revocation 

of the exemption. FMCSA will 

immediately revoke the exemption in 

the event of a failure to comply with its 

terms and conditions, the exemption 

has resulted in a lower level of safety 

than was maintained before the 

exemption was granted, or continuation 

of the exemption would not be 

consistent with the goals and objectives 

of 49 U.S.C. chapter 313. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2025–01001 Filed 1–15–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0070] 

Inspection, Repair and Maintenance; 

Inspector Qualifications; Application 

for an Exemption From the American 

Trucking Associations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; grant 

of exemption. 

SUMMARY: FMCSA grants a limited 5- 

year exemption to the American 

Trucking Associations (ATA) on behalf 

of motor carriers, intermodal equipment 

providers (IEPs), and individuals, from 

the requirements that an individual 

must complete 1 year of training, 

experience, or a combination thereof 

prior to being qualified to conduct 

annual commercial motor vehicle 

(CMV) inspections and to conduct 

brake-related inspection, repair and 

maintenance tasks on CMVs. The 

exemption covers individuals who 

successfully complete a training 

program that is self-certified by the 

training provider as consistent with a 

set of recommended practices (RPs) 

developed by the ATA’s Technology 

and Maintenance Council (TMC) and 

motor carriers and IEPs who rely on 

these training programs and individuals 

to satisfy FMCSA’s rules. The Agency 

has determined that granting the 

exemption from the requirements for 1 

year of training, experience, or a 

combination thereof for individuals who 

successfully complete, and educators 

who provide, a performance-based 

inspector training program consistent 

with the TMC RPs, would likely achieve 

a level of safety equivalent to or greater 

than the level of safety provided by the 

regulatory requirements. 

DATES: This exemption is effective 

January 16, 2025 and expires on January 

16, 2030. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Sutula, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

FMCSA; 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

9209; MCPSV@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2021–0070’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2021–0070’’ in 

the keyword box, click ‘‘Search,’’ and 

chose the document to review. 

If you do not have access to the 

internet, you may view the docket 

online by visiting Dockets 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. 

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)) and 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 achieve 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 person or class of persons 

receiving the exemption, the regulatory 

provision from which the exemption is 

granted, 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 exemptions may be 

renewed (49 CFR 381.300(b)). 

III. Background 

A. Current Regulatory Requirements 

The FMCSRs require motor carriers 

and IEPs to ensure that individuals 

performing annual inspections of CMVs 

(49 CFR 396.19), including individuals 

who inspect, maintain, repair, or service 

CMV brake systems (49 CFR 396.25), are 

properly qualified to perform such 

assignments. Under §§ 396.19(a)(3)(ii) 

and 396.25(d)(3)(ii), part of the 

qualifications to conduct those 

inspections is that an individual have 

training, experience, or a combination 

thereof totaling at least 1 year as 

outlined in those sections. 

B. Applicant’s Request 

ATA applied on behalf of individuals 

seeking inspector qualifications for an 

exemption from the requirements in 49 

CFR 396.19(a)(3)(ii) and 396.25(d)(3)(ii) 

that an individual must complete 

training, experience, or a combination 

thereof totaling at least 1 year prior to 

being qualified as an inspector. ATA 

requested that FMCSA permit educators 

to self-certify their training programs 

based on the TMC RPs and permit 

technicians who complete those training 

programs to be qualified to inspect 

CMVs in less than 1 year. 

ATA stated that educators that 

provide a TMC RP-based training 

program develop technicians with the 

skills and knowledge to be highly 

proficient and qualified inspectors in 

less than a year. TMC’s Educator 

Committee recommended training of a 

minimum of 210 hours for individuals 

having some level of experience and 

competency to a maximum of 540 hours 

for those new to CMVs. The committee 

estimated that approximately one-third 

of the instruction would be classroom 

based, with the remainder of the 

curriculum being laboratory/hands-on 

based. ATA also proposed to 

‘‘grandfather’’ individuals with some 

level of experience who can ‘‘test out’’ 

of the training by passing the National 

Institute for Automotive Service 

Excellence (ASE) Medium-Heavy Truck 

Certification Tests T4—Brakes and T8— 

Preventative Maintenance Inspection by 

demonstrating successful preventive 

maintenance inspection (PMI) to a 

qualified inspector or educator. After 

meeting the requirements, ATA stated 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Notices 4831 

that individuals should be exempt from 

the one-year requirement. 

A copy of the application is included 

in the docket referenced at the 

beginning of this notice. 

IV. Public Comments 

FMCSA published a notice in the 

Federal Register on July 14, 2021, 

asking for public comment on the 

exemption request (86 FR 37208). The 

Agency received one comment from the 

American Bus Association (ABA). 

The ABA supported the exemption. It 

stated that, given the shortage of drivers, 

safety professionals, and maintenance 

personnel following the COVID–19 

pandemic, this exemption will 

positively impact the CMV industry by 

expanding accessibility and 

opportunities for professional 

development and staffing. The ABA also 

suggested that the program should be 

considered like commercial training 

programs designed to train students in 

brake maintenance/inspection and in 

CMV operation and maintenance, which 

are already encompassed in the relevant 

regulations; therefore, an exemption for 

educators should not be necessary. 

FMCSA Response: FMCSA agrees 

with ABA regarding the positive impact 

of the exemption on the CMV industry, 

to help address a shortage of 

maintenance personnel. 

Although FMCSA regulations do not 

directly apply to training programs, 

FMCSA emphasizes that each selfcertifying training provider must ensure 

its training program is consistent with 

ATA’s TMC RPs such that the 

individual is qualified in less than 1 

year to conduct annual CMV 

inspections and brake-related 

inspection, repair, and maintenance 

tasks on CMVs. This approach would 

differ from existing programs designed 

to train students in CMV operation and 

maintenance that require training or 

experience totaling at least 1 year, 

which also include brake instruction. 

V. Equivalent or Greater Level of Safety 

Analysis 

TMC’s Study Groups and Task Forces 

have developed a series of best practices 

and standards for the maintenance and 

operation of CMVs and equipment that 

together will serve to provide training 

providers with the necessary content to 

deliver comprehensive training 

programs and assessments that provide 

individuals with the knowledge and 

skills to become qualified inspectors. 

ATA has developed more than 500 

RPs that outline individual procedures 

for inspecting, repairing, or replacing 

components on CMVs. These RPs are 

available in a document titled ‘‘A Guide 

to TMC Recommended Practices.’’ The 

RPs are categorized into 15 sections 

based on the CMV systems and 

components, such as Electrical and 

Lighting, Tires & Wheels, Engine, Cab & 

Controls, Fleet Maintenance 

Management, Chassis and Brake 

Systems, Trailers Bodies and Material 

Handling, Cost Control Methods, 

Sustainability and Environmental 

Technologies, Onboard Vehicle 

Electronics, Last Mile and Vocational 

Vehicles, Specialty Trucks, Service 

Provider, Collision and Corrosion 

Control, and Offboard Data Systems. 

Generally, each RP includes: 

• Preface: This section provides 

important warnings and disclaimers to 

the user. 

• Scope and Purpose: This section 

defines the purpose and scope of the RP 

and identifies the intended audience. 

• Background: This section provides 

an explanation of the need for the RP 

and a brief overview of the content. 

• Recommended Practices: This 

section provides the step-by-step 

guidance and procedures for addressing 

the issue. 

• References: This section lists any 

additional sources of information or 

references that are relevant to the RP. 

FMCSA has evaluated the exemption 

application and the comment received. 

For the reasons discussed below, 

FMCSA has determined that granting an 

exemption from the requirements that 

motor carriers and IEPs ensure that 

individuals performing annual 

inspections have 1 year of training, 

experience, or a combination thereof 

would likely achieve a level of safety 

equivalent to or greater than the level of 

safety provided by the regulatory 

requirements if the individuals instead 

successfully complete a performancebased inspector training program 

consistent with the TMC RPs,. 

TMC’s RPs are compiled in 

accordance with a disciplined 

development process, subject to peer 

review, offer an appeals and formal 

decision-making process, are accessible, 

and provide a way for stakeholders to 

comment and contribute. The RPs are 

subject to a review cycle of no more 

than 5 years, during which time an RP 

must be reissued, revised, and if 

appropriate, withdrawn. FMCSA 

believes that by using a structured 

training program that follows the RP 

intended to accelerate an individual’s 

knowledge and skills, the individual 

could gain more real-world experience 

and practical knowledge in less than the 

1 year required by the FMCSRs. The 

collaborative effort involving industry 

experts ensures that the training 

material is relevant, up-to-date, and 

effective in addressing common issues 

technicians and inspectors face in their 

day-to-day work environment. The RPs 

also undergo a thorough review and 

validation by a group of knowledgeable 

and experienced professionals within 

the industry. This review process helps 

to ensure the accuracy, reliability, and 

quality of training content, which 

benefits from the expertise of 

professionals with firsthand experience 

in the field. In summary, an inspector 

training program based on the TMC RP 

curricula would provide practical and 

relevant training experiences, as it 

provides industry best practices and 

real-world expertise. The RP peer 

review process contributes to an 

additional level of validation to the 

training, ensuring that it meets high 

quality standards and prepares 

individuals to effectively carry out their 

inspection responsibilities. 

FMCSA also reviewed the TMC RP 

applicable to the inspection items in 

Appendix A to 49 CFR part 396 that 

establish the framework for the training 

program. FMCSA finds that the 

establishment of recommended 

inspection and repair practices and 

training guidelines through a program 

based on TMC RPs will have a positive 

impact on highway safety and 

competence in the field. In addition, 

FMCSA supports ATA’s TMC 

recommendation that the training 

program duration should be at least 540 

hours (approximately 13.5 work weeks) 

for new individuals, divided into onethird (1⁄3) classroom-based instruction 

and two-third (2⁄3) laboratory hands-on 

based instruction. FMCSA has 

determined that the combination of 

hours, classroom, and hands-on 

experience is sufficient to provide the 

individual with a level of knowledge, 

proficiency, and experience to perform 

quality PMI inspections. 

FMCSA also agrees with the concept 

of allowing individuals who have 

completed fewer than 12 months of 

combined training and experience (and 

thus not yet qualified inspectors per the 

current FMCSRs) to ‘‘test out’’ by taking 

and successfully passing the ASE T4 

and T8 tests. However, the Agency 

believes that this approach should be 

limited to individuals who have already 

completed a minimum of 330 hours 

(approximately 8.25 work weeks) of 

combined training and experience, 

followed by a minimum of 210 hours 

(approximately 5.25 work weeks) of 

combined training and experience 

under a curriculum that the training 

provider has self-certified as based on 

the TMC RPs (a combined total 

equivalent to the 540 hours proposed by 

ATA). Paragraph VI(B)(1)(b)(ii) in the 


ddrumheller on DSK120RN23PROD with NOTICES1
4832 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Notices 

Terms and Conditions below reflects 

this alternative approach. 

As noted above and based on a review 

of the comprehensive materials that 

ATA has developed, FMCSA has 

determined that an individual who 

successfully completes a training 

program consistent with the TMC RPs 

and under the terms and conditions of 

the exemption granted will likely 

possess the skills and knowledge to be 

as proficient and efficient an inspector 

as one who has completed 1 year of 

training, experience, or a combination 

thereof. 

VI. FMCSA Decision 

A. Granting of Exemption 

FMCSA hereby grants a limited 5-year 

exemption to motor carriers and IEPs 

from the requirements in 49 CFR 

396.19(a)(3)(ii) and 396.25(d)(3)(ii) to 

ensure that an individual complete 

training, experience, or a combination 

thereof totaling at least 1 year, provided 

that those individuals successfully 

complete an inspector training program 

that has self-certified with the ATA as 

meeting the requirements of the terms 

and conditions below. The inspector 

qualification requirements in 49 CFR 

396.19(a)(1) and (2) and 396.25(d)(1) 

and (2) continue to apply. 

These exemptions are effective 

January 16, 2025 through January 15, 

2030 11:59 p.m. local time, unless 

rescinded earlier by FMCSA. 

B. Terms and Conditions of the 

Exemption 

This exemption allows individuals to 

meet the inspector qualification 

requirements of 49 CFR 396.19(a)(3)(ii) 

and 396.25(d)(3)(ii) if they have 

completed a training course using a 

curriculum consistent with the RPs 

developed by the TMC, subject to all the 

following terms and conditions: 

1. The training provider must selfcertify that its inspector training 

program satisfies all the requirements of 

these terms and conditions. Each 

program must: 

a. Provide an inspector training 

program that is consistent with ATA’s 

TMC RPs which are updated from time 

to time and includes at a minimum PMI 

Guidelines for Class 7 & 8 Diesel 

Powered Tractors, PMI Guidelines for 

Light & Medium-Duty Vehicles 

(excluding guidelines applicable to 

light-duty vehicles), PMI Guidelines for 

Trailers & Material Handling, PMI 

Trainer/Instructor for Class 7 & 8 Diesel 

Powered Tractors. 

b. Provide at least: 

i. 540 hours of classroom and handson instruction exclusive of time for new 

individual entrants to satisfy the 

requirements described below, or; 

ii. 210 hours of classroom and handson instruction exclusive of time for 

individual entrants who have already 

completed at least 330 hours of 

combined classroom and hands-on 

experience and who have taken and 

successfully passed the ASE T4 and T8 

tests. 

c. Provide instructional training such 

that approximately one-third of the 

instruction is classroom based and twothirds of the instruction is laboratory or 

hands-on, consistent with the ATA’s 

TMC RPs. 

d. Provide notice to ATA of the 

training program’s self-certification, 

including the effective date of selfcertification. 

e. Provide graduates with certificates 

of program completion that indicate the 

individual has satisfactorily completed 

an inspector training program consistent 

with the terms of this exemption. 

f. Maintain a list of individuals to 

whom it has issued a certificate as 

described in paragraph (d), confirm 

whether an individual has successfully 

completed its inspector training 

program, and provide such 

documentation upon the request of 

FMCSA, or a motor carrier or EIP that 

employs, seeks to employ, or otherwise 

utilizes, the individual as a qualified 

inspector. 

g. Allow FMCSA access to any 

documents or records relating to the 

inspector training program it provides 

that may be necessary for FMCSA to 

evaluate the educator’s compliance with 

the terms and conditions of this 

exemption. 

2. ATA must maintain, publish, and 

provide to FMCSA, a public list of the 

training programs that have selfcertified as having curricula that meet 

the terms and conditions of this 

exemption. ATA must remove from the 

list of self-certified training programs 

any training provider that FMCSA or 

ATA determines does not comply with 

the terms and conditions of the 

exemption. 

3. Motor carriers and IEPs using an 

individual qualified under the terms 

and conditions of this exemption to 

perform annual inspections under 49 

CFR 396.17 must ensure that the 

individual’s training program was on 

ATA’s list of self-certified training 

programs as of the date on the 

individual’s certificate of program 

completion and must continue to retain 

evidence of the individual’s 

qualifications, as required by 49 CFR 

396.19(b) and 49 CFR 396.25(e). 

The terms and conditions of this 

exemption do not delegate any FMCSA 

responsibility to ATA. The exemption 

also does not authorize ATA to collect 

a fee on behalf of the government, or to 

state or imply that any third party’s 

payment for ATA’s training services is 

in lieu of an otherwise applicable 

government fee. ATA is not offering 

goods or services to FMCSA. Granting 

this exemption does not create any 

expectation of payment or obligation to 

pay future claims. 

VII. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce that conflicts 

with or is inconsistent with this 

exemption with respect to an entity 

operating under the exemption. States 

may, but are not required to, adopt the 

same exemption with respect to 

operations in intrastate commerce. 

VIII. Termination 

Interested parties possessing 

information demonstrating that the 

exemptions granted herein do not result 

in the requisite statutory level of safety 

should immediately notify FMCSA by 

email at MCPSV@dot.gov. 

The exemptions will be immediately 

rescinded if: (1) ATA, training 

providers, motor carriers, IEPs, or 

individuals fail to comply with the 

terms and conditions of the exemptions; 

(2) the exemptions have resulted in a 

lower level of safety than was 

maintained before the exemptions were 

granted; or (3) continuation of the 

exemptions would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136 or chapter 313. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2025–00898 Filed 1–15–25; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0347] 

Commercial Driver’s License 

Standards: Application for Exemption; 

Navistar, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of provisional renewal of 

exemption; request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew the 


ddrumheller on DSK120RN23PROD with NOTICES1