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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2024-0307]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).

# ACTION:

Notice of application for exemption; request for comments.

# 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,                                ( print 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                         *richard.clemente@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.

### 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                     *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.                

### 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 (§ 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.                          ( print 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