SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

To view any documents mentioned as being available in the docket, go to www.regulations.gov/​docket/​FMCSA-2025-0226/​document and choose the document to review. To view comments, click this notice, then click “Document Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in room W58-213 of the DOT West Building, 1200 New Jersey Avenue, 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.

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 (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 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 exempted party 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. Background

Current Regulatory Requirements

Section 383.25(a)(1) of the FMCSRs requires a CDL holder with the proper CDL class and endorsements necessary to operate the CMV to accompany a CLP holder and be physically present in the front seat of the CMV next to the CLP holder at all times or, in a commercial passenger vehicle, directly behind or in the front row behind the driver and must have the CLP holder under observation and direct supervision.

Applicant's Request

Agri-Tech Aviation's application for exemption was described in detail in a Federal Register notice on November 24, 2025 (90 FR 53049) and will not be repeated as the facts have not changed.

IV. Public Comments

The Agency received 38 comments. None of the comments supported granting the exemption. The main theme of all opposing comments highlighted concerns about safety while urging FMCSA to adhere to all existing regulations without exceptions.

Allen Taylor commented, “The safety of the American citizen demands that those who manage the most dangerous equipment on the roadway MUST be tested and licensed. There cannot be an exemption for heavy trucks just because an untested, incapable driver wishes to do a good deed. As an equivalent, I personally should not be licensed to fly a commercial aircraft just because I may wish to bring food to Zimbabwe. The intention is NOT the critical factor—the ability to manage ALL aspects heavy trucks is. The safety of our roadways demands nothing less.” Michael Hinchley commented, “As a CDL A driver, absolutely NOT. School & test requirements are REQUIRED by law for many reasons. Understanding & speaking English also needs to be required, otherwise citizens are at a very serious risk. Moving freight is expensive & no reason to allow unqualified people operating 30,000+ lb vehicles with proper qualifications.” Neil Lemerise commented, “Student driver's need to have an experienced CDL holder in the passenger seat to adequately mentor them. Do not give an exemption to the current regulations.” Dale Richards commented, “This seems to be adding a lot of risk to the general public without any rewards. I would urge the FMCSA to not allow this exemption.”

V. FMCSA Decision

FMCSA evaluated Agri-Tech Aviation's application and public comments and denies the exemption request. The request from Agri-Tech Aviation raises safety concerns because of multiple complicating factors identified in the application, including the potential use of CLP holders to transport hazardous materials (HM).

Agri-Tech Aviation's exemption application states that it transports between 500 to 900 gallons of jet fuel and 1350 gallons of crop protection products, some of which require placarding. The applicant does not address any safety countermeasures relating to the transportation of HM under the exemption. In addition, 49 CFR 383.93(b) provides that all drivers of vehicles that require an HM placard must have an HM CDL endorsement ( printed page 61920) unless waived by the State under 49 CFR 383.3(i).

Although the applicant's CLP holders for whom the exemption is sought have passed the CDL skills test, 49 CFR 383.93(a)(2) prohibits CLP holders from obtaining an HM endorsement. The applicant's statement that it takes time to get a Class A CDL with a HM endorsement and that the exemption would allow its drivers to “get real driving experience while obtaining a Class A CDL” suggest that the applicant would use its CLP holders to transport material that requires an HM endorsement if the exemption were granted. The applicant does not address how it would achieve an equivalent level of safety while using drivers to transport placarded HM without a HM endorsement.

Other than the statement that all drivers are fully trained to meet FMCSA regulations, the applicant does not provide any information on how it would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. This is not sufficient information for FMCSA to make a finding that granting the exemption would likely result in an equivalent level of safety as would be achieved under the regulations.

91 FR 61919