[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Notices]
[Pages 20206-20207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08235]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0133]
Commercial Driver's License: U.S. Custom Harvesters, Inc.;
Application for Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption renewal; request for
comments.
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SUMMARY: FMCSA announces that the U.S. Custom Harvesters, Inc. (USCHI)
has requested a renewal of the exemption from the ``K'' intrastate
restriction on commercial driver's licenses (CDLs) held by custom
harvester drivers under the age of 21 operating in interstate commerce.
FMCSA's regulations currently provide an exception to the minimum age
requirements for drivers of commercial motor vehicles (CMV) controlled
and operated by a person engaged in interstate custom harvesting.
However, under the Agency's CDL regulations, States must include an
intrastate-only (or ``K'') restriction for these drivers. FMCSA
requests public comment on USCHI's application to renew its exemption.
DATES: Comments must be received on or before June 11, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0133 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: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
Each submission must include the Agency name and the docket number
(FMCSA-2017-0133) 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: To view any documents mentioned as being available in the
docket, go to https://www.regulations.gov/docket/FMCSA-2017-0133/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 in person by visiting Dockets
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.,
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 (Federal Docket Management System (FDMS)), which
can be reviewed 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: Richard Clemente, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA; (202) 366-2722; [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-2017-0133), 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, insert
the docket number (FMCSA-2017-0133) in keyword box, and 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
[[Page 20207]]
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 [email protected], 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 the Federal Motor Carrier Safety Regulations. 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 the application, 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 absent such exemption pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). 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. Applicant's Request
USCHI requested a renewal of its current exemption. USCHI stated
that it frequently employs drivers younger than 21 years of age, who
are issued CDLs with a ``K'' restriction. Under an exception that has
been in place since 1971, the requirement that commercial motor vehicle
(CMV) drivers must be at least 21-years old does not apply to a someone
who drives a CMV in interstate commerce while engaged in custom-
harvesting operations, provided that certain conditions are met (49 CFR
391.2(a)). Under the exemption in section 391.2(a), drivers under 21
are therefore allowed to drive in interstate custom harvesting
operations, but remain subject to the the ``K'' restriction which makes
their licenses invalid outside the State of issuance. The current
exemption allows holders of ``K''-restricted CDLs to operate in
interstate commerce.
USCHI states that, even though CMV drivers engaged in custom
harvesting are excepted from the 21-year-old requirement, they are
frequently cited during roadside inspections because of the presence of
the ``K'' restriction on their licenses. USCHI states that this issue
negatively impacts the safety records of drivers and employers. USCHI
asks the Agency to renew its exemption, subject to terms and
conditions, that would allow law enforcement officers to determine that
the driver is operating in custom harvester operations. For example,
USCHI proposes that the driver be required to provide at least three
methods of verification while en route.
A copy of USCHI's request for an exemption renewal 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 USCHI's application for an
exemption from the ``K'' intrastate restriction on CDLs held by custom
harvester drivers under the age of 21 operating in interstate commerce
(49 CFR 391.2; 49 CFR 383.23(a)(2) and 49 CFR 383.153(a)(10)(vii)). 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. 2025-08235 Filed 5-9-25; 8:45 am]
BILLING CODE 4910-EX-P