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FMCSA Denies Agri-Tech CDL Exemption, Renews Cleveland-Cliffs Hours Waiver

Writer: Dale Prax
Dale Prax
1 day ago
3 min read

The agency rejected a request to let student truck drivers operate without a licensed supervisor while opening a new comment period on extended-hours relief for a steel hauler.

The Federal Motor Carrier Safety Administration (FMCSA) published two exemption decisions in the Federal Register on September 30, 2026, denying one carrier's request to loosen commercial driver's license (CDL) supervision rules while provisionally renewing hours-of-service and equipment relief for another.

In the first notice, FMCSA said it is denying an application from Agri-Tech Aviation, which sought permission for its commercial learner's permit (CLP) holders — drivers who have passed the CDL skills test but have not yet received a CDL — to operate commercial motor vehicles without a CDL holder physically present and supervising them in the cab, as current rules require under 49 CFR 383.25(a)(1). The docket is FMCSA-2025-0226.

FMCSA said it received 38 public comments on the application, none of which supported granting the exemption. The agency said the request raised safety concerns because Agri-Tech Aviation's operations involve transporting 500 to 900 gallons of jet fuel and 1,350 gallons of crop protection products, some of which require hazardous materials placarding. Federal rules bar CLP holders from obtaining the hazardous materials endorsement needed to haul placarded loads, and FMCSA said the applicant did not explain how it would maintain an equivalent level of safety while using CLP holders for that work. FMCSA Administrator Derek D. Barrs signed the denial.

In the second notice, FMCSA said it is provisionally renewing and consolidating two exemptions held by Cleveland-Cliffs Steel LLC, formerly ArcelorMittal Indiana Harbor, LLC, under docket FMCSA-2016-0050. The renewal lets the company's CDL-holding employee-drivers who move steel coils or scrap metal between its production and shipping sites work up to 16 consecutive hours in a duty period and return to work after at least eight hours off duty when needed, relief from standard hours-of-service limits. The renewal also continues to exempt Cliffs' specialized coil carrier vehicles from certain parts-and-accessories requirements, including the definition of a "heavy hauler trailer," rear side marker lamp height rules, tire loading restrictions and commodity-specific cargo securement standards for metal coils. FMCSA said the equipment relief applies only to the coil carriers; the company's scrap trucks remain subject to standard requirements.

FMCSA said the Cliffs exemption took effect September 23, 2026, and runs through March 23, 2027, unless revoked earlier, and the agency is seeking public comment on the renewal and consolidation.

What it means

Carriers relying on CLP holders to move hazardous materials should not expect FMCSA to waive in-cab supervision requirements absent a hazardous-materials safety plan; the agency pointed specifically to the gap between CLP holders' skills-test status and their legal inability to hold an HM endorsement. Cleveland-Cliffs drivers hauling steel coils or scrap can continue working extended duty periods and using non-standard coil-carrier equipment through March 2027, but the relief remains provisional while FMCSA takes comment. Other carriers with similar coil or bulk-metal operations should watch whether the comment record changes the terms of final renewal.

What's next

Comments on the Cleveland-Cliffs renewal are due 30 days after the September 30, 2026 Federal Register publication, which FMCSA's notice calculates to October 30, 2026. The Cliffs exemption remains in effect through March 23, 2027, unless FMCSA revokes it sooner based on the comment record. The Agri-Tech Aviation denial is a final agency decision; the notice does not indicate any further comment period or appeal process.

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