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-2026-3466), 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 mailing address, an email address, or a phone number in the ( printed page 67646) 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/​docket/​FMCSA-2026-3466/​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 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 Sarah Stella, Chief, Regulatory Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at sarah.stella@dot.gov. 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.

C. Viewing Comments and Documents

To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to www.regulations.gov, insert FMCSA-2026-3466 in the keyword box, select the document tab 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 in the DOT West Building, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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(s) 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. Applicant's Request

Current Regulatory Requirements

The Agency's CDL regulations in 49 CFR 383.25(a)(1) require that a CLP holder always be accompanied by the holder of a valid CDL for the group ( e.g., Group A or B) and with any endorsement(s) necessary to operate the CMV. The CDL holder must be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision.

Applicant's Request

PAM recruits and develops entry-level commercial drivers through partnerships with CDL training programs, including programs where training is conducted in a State other than the driver's State of domicile. The applicant seeks a 5-year exemption from the provisions in 49 CFR 383.25(a)(1) to allow CLP holders who have successfully passed a CDL skills test and are thus eligible to receive a CDL to drive a CMV without a CDL holder present in the front passenger seat of the vehicle. PAM states that the exemption, if granted, would allow the CLP holder to begin employment in a timelier manner, strengthen their newly acquired driving skills, and participate in a revenue-generating trip back to their State of domicile to obtain their CDL documents.

PAM estimates that approximately 500-700 CLP holders would operate each year under the terms of the exemption. Absent the exemption, PAM states that the driver's transition into productive employment would be delayed until the driver's State of domicile issues the CDL or the driver is sent home in a non-driving capacity. The applicant asserts that this outcome is inefficient for PAM and presents a lost employment opportunity for the driver. PAM states that the administrative waiting period results in operational inefficiencies and financial hardships for already-trained drivers, and the potential degradation of recently acquired driving skills. PAM further adds that as the trucking industry is already experiencing significant driver turnover, requiring drivers to remain idle during this period may increase attrition and discourage workforce participation.

Applicant's Equivalent Level of Safety

PAM asserts that exemption will result in a level of safety that is equivalent to, or greater than, the level of safety without the exemption, as it would limit CMV operation under the exemption to drivers who have passed the CDL skills test and therefore have demonstrated that they meet stringent qualification requirements. Before a driver may operate under the exemption, PAM would verify that the driver: (1) holds a valid CLP issued by the driver's State of domicile; (2) holds a valid State-issued driver's license from the jurisdiction that issued the CLP; (3) has successfully completed the applicable CDL skills examination and possesses evidence of this completion; (4) holds all endorsements required for the CMV being operated; (5) is medically qualified to operate the CMV; (6) is not subject to an out-of-service order or suspension of driving privileges; (7) satisfies PAM's driver qualification requirements; and (8) has a qualified CDL holder with the appropriate CDL class and endorsements physically present in the CMV while the CLP holder is operating the CMV under the exemption. PAM would also require the driver to ( printed page 67647) maintain possession of the required documentation, including a valid State driver's license, valid CLP, documentation demonstrating successful completion of the CDL skills test, and a copy of the FMCSA exemption, and ensure that these documents are accessible in the event of an inspection by authorized Federal, State, or local enforcement officials. PAM would document operations under the exemption and continuously monitor the safety performance of the CLP holder and adds that any driver who becomes ineligible under the conditions of the exemption would be immediately removed from operation under the exemption.

A copy of PAM'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 PAM's application for an exemption from the requirement that a CLP holder be accompanied by a CDL holder with the proper CDL class seated in the front seat while the CLP holder operates the CMV. 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.

91 FR 67645