[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Notices]
[Pages 21820-21822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09130]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0084]
Entry-Level Driver Training: William Cole; 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 William Cole, Safety Coordinator for the
Montana Trucking Association, has requested an exemption from the
entry-level driver training (ELDT) regulations requirement that
classroom or theory instructors for individuals seeking the hazardous
materials (HM) endorsement have at least two years of driving
experience of the same or higher class and/or the same endorsement
level as the commercial motor vehicle (CMV) for which training is to be
provided. Mr. Cole believes his knowledge and experience concerning the
HM safety regulations and the transportation of such materials on CMVs
enable him to provide the theory training for individuals seeking an HM
endorsement. FMCSA requests public comment on the applicant's request
for an exemption.
DATES: Comments must be received on or before June 20, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0084 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.
[[Page 21821]]
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.
Each submission must include the Agency name and the docket number
(FMCSA-2025-0084) 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-2025-0084
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 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: 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.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-0084), 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 https://www.regulations.gov/docket/FMCSA-2025-0084/document, 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 [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 maintain 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
William Cole, Safety Coordinator for the Montana Trucking
Association, seeks an exemption from the requirement in the ELDT
regulations in 49 CFR 380.605 that HM theory instructors have at least
two years of driving experience of the same or higher class and/or the
same endorsement level for which training is to be provided.
The applicant states that the exemption would enable him to provide
HM training while maintaining the highest level of safety and
compliance standards.
Mr. Cole has served for 15 years as a CMV enforcement officer with
the state's Motor Carrier Services agency and is currently the Safety
Coordinator for Montana Trucking Association, which provides HM
training to motor carriers, conducts FMCSA compliance audits, and
assists industry leaders in understanding and implementing HM safety
protocols. Mr. Cole believes his qualifications ``exceed the necessary
knowledge and instructional standards for ELDT theory training.'' The
following is a list of Mr. Cole's credentials included in the exemption
application request:
CVSA Advanced Hazmat Instructor
[[Page 21822]]
Certified Safety & Health Official (CSHO)--Construction
Specialist in Safety & Health (SSH)--General Industry
OSHA Outreach Trainer--Construction
Member of the ATA Law Enforcement Advisory Board
Facilitator of the Montana Trucking Association Safety Council
A copy of Mr. Cole's exemption application 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. Cole's application for an
exemption from the requirements in 49 CFR 380.605 from the definition
of ``theory instructor,'' which would allow him to become an ELDT
theory instructor for HM endorsements. 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 of Policy.
[FR Doc. 2025-09130 Filed 5-20-25; 8:45 am]
BILLING CODE 4910-EX-P