FMCSA Denies Exemption for Permit Holders Hauling Fuel and Crop Chemicals

A small carrier asked FMCSA to let its permit holders drive alone once they had passed the CDL skills test. FMCSA said no, and the reasoning has a lesson in it about hazmat and permits.

What it is

On September 30, 2026, FMCSA published a notice of final disposition: Commercial Driver's License Standards: Application for Exemption; Agri-Tech Aviation. The document number is 2026-20046 (91 FR 61919), docket FMCSA-2025-0226. It is a denial, so there is no effective date or comment period. The original application was described in a November 24, 2025 notice (90 FR 53049).

Agri-Tech Aviation wanted an exemption so its commercial learner's permit (CLP) holders who had passed the CDL skills test, but not yet obtained the CDL itself, could drive its commercial motor vehicles without a CDL holder in the passenger seat. Under 49 CFR 383.25(a)(1), a CLP holder must be accompanied by a CDL holder with the proper class and endorsements, seated in the front seat.

What changes for drivers

Nothing changes. The accompanied-driving rule for permit holders stays as it is for this applicant.

FMCSA received 38 comments, and none supported the exemption. The commenters raised safety concerns and asked FMCSA to keep to the existing rules.

The notice explains the denial in terms of hazardous materials. The applicant said it transports between 500 and 900 gallons of jet fuel and 1,350 gallons of crop protection products, some of which require placarding. The notice then lays out how the regulations fit together:

• Under 49 CFR 383.93(b), all drivers of vehicles that require an HM placard must have an HM endorsement, unless the state has waived it under 383.3(i).
• Under 383.93(a)(2), CLP holders are prohibited from obtaining an HM endorsement.

FMCSA read the applicant's application as suggesting it would use permit holders to carry material that needs an HM endorsement, and noted the applicant did not address how it would reach an equivalent level of safety when drivers carry placarded HM without the endorsement. The agency also said that, beyond a statement that its drivers are fully trained, the applicant gave no information on how it would match the safety level the regulations produce.

What to do about it

If you hold a CLP, the practical points are the same as before: you need an accompanying CDL holder with the right class and endorsements, and you cannot get an HM endorsement on a permit. If your work involves placarded loads, plan your endorsements early. Our guide to CDL endorsements explained covers the hazmat endorsement and the others.

If you are a carrier thinking of applying for an exemption, the notice shows what FMCSA looked for: specific safety countermeasures for the actual cargo, not a general statement that drivers are trained.