[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