[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43503-43505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10856]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0092]


Commercial Learner's Permit (CLP): Connell High School; 
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: FMCSA announces that Connell High School (CHS) of Connell, WA, 
has applied for an exemption beginning September 2024 to allow students 
under the age of 18 who are enrolled in CHS's Commercial Driver's 
License (CDL) Program to obtain a Commercial Learner's Permit (CLP). 
Students participating in the program would obtain a CLP at the age of 
17 and receive 180 hours of classroom, field, and drive time 
instruction before obtaining a CDL at the age of 18. FMCSA requests 
public comment on the applicant's request for exemption.

DATES: Comments must be received on or before June 17, 2024.

ADDRESSES: You may submit comments identified by Federal Docket

[[Page 43504]]

Management System (FDMS) Number FMCSA-2024-0092 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.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, Washington, DC, 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-2024-0092) 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 exemption 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 at https://www.transportation.gov/privacy. The comments are posted without edit 
and are searchable by the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (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-2022-0122), 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-2024-0092'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on 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 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)).

III. Applicant's Request

    CHS seeks an exemption from 49 CFR 383.25(a)(4), which requires a 
CLP holder to be 18 years of age or older. CHS explains that it is a 
public high school located in Connell, WA, serving over 600 students in 
the 9th through 12th grades. CHS further states that its enrollment is 
70% minority and 70% economically disadvantaged students. According to 
CHS, the school district serves a primarily agricultural community 
across four small rural towns, with a decreasing workforce but with an 
increasing agriculture and transportation demand.
    CHS believes that granting the exemption will allow students to 
obtain a CDL at 18 years of age and, upon graduation from CHS, 
immediately enter the local workforce with stable, well-paying 
employment. CHS also believes that the exemption could have a positive 
impact on the local communities and alleviate the current commercial 
driver shortage. The applicant states that a similar program exists in 
the state of Maine and is

[[Page 43505]]

offered by public institutions and allows students as young as 16 years 
of age to obtain a CLP. CHS believes its robust CDL preparatory program 
will ensure CHS achieves a level of safety that is equivalent to, or 
greater than, the level of safety that would be obtained by complying 
with the regulation.
    The applicant further states that, if granted, the exemption would 
allow students participating in the CHS CDL Training Program to obtain 
a CLP at the age of 17 and allow the program to span two semesters (one 
full school year) and provide 180 hours of classroom, field, and drive 
time instruction. CHS requests a five-year exemption.
    A copy of the CHS'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 CHS's request for an exemption 
to change the CLP age requirement from 18 years of age to 17 years of 
age for CHS students enrolled in its CDL program, beginning in 
September 2024. 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. 2024-10856 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-EX-P