81 FR 12443 - Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 46 (March 9, 2016)

Page Range		12443-12445
FR Document		2016-05243

FMCSA announces that the Division of Motor Vehicles, Idaho Transportation Department (ITD), has applied for an exemption from provisions of 49 CFR 383.75(a)(8)(v) that require third-party commercial driver license (CDL) testers to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re- testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. FMCSA requests public comment on IDT's application for exemption.

Federal Register, Volume 81 Issue 46 (Wednesday, March 9, 2016)

[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Proposed Rules]
[Pages 12443-12445]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05243]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2015-0489]


Commercial Driver's License Standards: Application for Exemption; 
State of Idaho, Idaho Transportation Department (ITD)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that the Division of Motor Vehicles, Idaho 
Transportation Department (ITD), has applied for an exemption from 
provisions of 49 CFR 383.75(a)(8)(v) that require third-party 
commercial driver license (CDL) testers to initiate and maintain a bond 
in an amount determined by the State to be sufficient to pay for re-
testing drivers in the event that the third party or one or more of its 
examiners is involved in fraudulent activities related to conducting 
skills testing of CDL applicants. FMCSA requests public comment on 
IDT's application for exemption.

[[Page 12444]]


DATES: Comments must be received on or before April 8, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2015-0489 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the 
docket number 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: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325. Email: [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials regarding this application for exemption. Comments 
should address the safety assessment provided by the applicant.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2015-0489), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2015-0489'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. An option to upload a 
file is provided. 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. If you submit comments by 
mail and would like to know that they reached the facility, please 
enclose a stamped, self-addressed postcard or envelope. FMCSA will 
consider all comments and material received during the comment period 
and may grant or not grant this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations, including the CDL regulations in 49 CFR part 383. See also 
49 CFR 381.300(c)(2), 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 any safety analyses that have been 
conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews 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 by the current regulation (49 U.S.C. 31315(b)(1) and 49 CFR 
381.305). The decision of the Agency must be published in the Federal 
Register (49 CFR 381.315(b)) with the reasons for denying or granting 
the application and, if granted, the name of the person or class of 
persons receiving the exemption, and the regulatory provision from 
which the exemption is granted. The notice must also specify the 
effective period and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    The Idaho Transportation Department (ITD) is the State of Idaho 
governmental organization responsible for state transportation 
infrastructure. The Agency is responsible for overseeing the 
disbursement of Federal, State, and grant funding for the 
transportation programs of the State. IDT's CDL program is designed to 
improve safety on the highways while meeting Federal requirements for 
the testing and licensing of commercial drivers.
    Idaho is a geographically large state with a relatively small 
population. To adequately serve their constituents, the ITD oversees a 
third-party tester program consisting of approximately 60 CDL 
examiners. ITD utilizes contractors as the third-party examiners, so 
these examiners are not considered government employees, who would not 
need to be bonded.
    The IDT has applied for an exemption from the regulations in 49 CFR 
383.75(a)(8)(v) that require third-party testers to initiate and 
maintain a bond in an amount determined by the State to be sufficient 
to pay for re-testing drivers in the event that the third party or one 
or more of its examiners is involved in fraudulent activities related 
to conducting skills testing of CDL applicants. The ITD requests the 
exemption because this regulation creates a financial hardship for 
testing examiners who must be bonded but conduct only a few tests 
monthly and the State of Idaho has had no instances of fraud in their 
third-party testing organizations. IDT believes that the exemption, if 
granted, would achieve a level of safety that is equivalent to or 
greater than the level of safety provided by complying with the 
regulation.
    According to IDT, most of their examiners work in small cities and 
towns scattered throughout the State of Idaho. Many of these examiners 
only conduct one or two CDL tests per month. The cost of requiring 
these examiners to be bonded creates a financial hardship for the 
examiners who earn just $60 per test. This regulation results in some 
badly-needed examiners potentially dropping out of

[[Page 12445]]

the CDL testing arena. The State of Idaho is self-insured, in that 
Idaho state employee staff members are qualified and available to re-
test any applicants who may be found to have given a CDL ``tainted'' by 
some type of fraud. This would be done at no cost to the applicants.
    In support of their request, the ITD indicates that it uses, and 
has used for over a year now, the Commercial Skills Test Information 
Management System (CSTIMS) to monitor CDL skills test examiners and to 
improve safety. This Internet-based tool provides a consistent way to 
track the scheduling and entry of test results for CDL skills tests by 
jurisdiction and third-party examiners. CSTIMS enforces jurisdiction-
defined rules to manage CDL skills testing and will alert jurisdictions 
when circumstances are encountered that may require investigation to 
determine if fraud may have occurred. CSTIMS also produces reports that 
can be reviewed for patterns of potential fraud, and surveys are also 
sent to all individuals tested to help monitor Idaho's testing program 
and detect fraud.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    ITD states that granting this exemption will result in a level of 
safety that is equal to or greater than the level of safety of the rule 
without the exemption. According to the application for exemption, 
Idaho has had no instances of fraud in its third-party testing 
organizations. ITD requests, therefore, that FMCSA approve this request 
based on the alternate measures they have put in place supporting the 
spirit and purpose of 49 CFR 383.75(a)(8)(v) and, in its view, provide 
an equivalent or greater level of safety.
    A copy of ITD's application for exemption is available for review 
in the docket for this notice.

    Issued on: February 26, 2016.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-05243 Filed 3-8-16; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules 12443

intended to, and does not as a matter of 7.24(3), Distribution of Motor Vehicle appropriate, disproportionate human
law, preclude enforcement of the SIP Fuel; 310 CMR 7.24(4), Motor Vehicle health or environmental effects, using
provisions in question through any Fuel Tank Trucks; and 310 CMR 7.24(6) practicable and legally permissible
other means authorized by federal law, Dispensing of Motor Vehicle Fuel. The methods, under Executive Order 12898
including, but not limited to, the CAA. EPA has made, and will continue to (59 FR 7629, February 16, 1994).
IV. Proposed Action make, these documents generally In addition, the SIP is not approved
available electronically through http:// to apply on any Indian reservation land
EPA is proposing to approve www.regulations.gov and at the or in any other area where EPA or and
Massachusetts’ May 5, 2015 SIP appropriate EPA office (see the Indian tribe has demonstrated that a
revision. Specifically, EPA is proposing ADDRESSES section of this preamble for tribe has jurisdiction. In those areas of
to approve Massachusetts revised more information). Indian country, the rule does not have
regulations 310 CMR 7.24(3), tribal implications and will not impose
Distribution of Motor Vehicle Fuel, 310 VI. Statutory and Executive Order
substantial direct costs on tribal
CMR 7.24(4), Motor Vehicle Fuel Tank Reviews
governments or preempt tribal law as
Trucks, and 310 CMR 7.24(6), Under the Clean Air Act, the specified by Executive Order 13175 (65
Dispensing of Motor Vehicle Fuel, as Administrator is required to approve a FR 67249, November 9, 2000.
well as new and revised definitions, in SIP submission that complies with the
310 CMR 7.00, Air Pollution Control, provisions of the Act and applicable List of Subjects in 40 CFR Part 52
that relate to Stage I and Stage II vapor Federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air
recovery systems, and incorporate these 40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Carbon monoxide,
regulations into the Massachusetts SIP. submissions, EPA’s role is to approve Incorporation by reference,
EPA is proposing to approve this SIP state choices, provided that they meet Intergovernmental relations, Lead,
revision because it meets all applicable the criteria of the Clean Air Act. Nitrogen dioxide, Ozone, Particulate
requirements of the CAA and EPA Accordingly, this proposed action matter, Reporting and recordkeeping
guidance, and it will not interfere with merely approves state law as meeting requirements, Sulfur oxides, Volatile
any applicable requirement concerning Federal requirements and does not organic compounds.
NAAQS attainment and reasonable impose additional requirements beyond
further progress or with any other Dated: February 19, 2016.
those imposed by state law. For that
applicable requirement of the Clean Air Deborah A. Szaro,
reason, this proposed action:
Act. • Is not a significant regulatory action Acting Regional Administrator, EPA New
Massachusetts’ May 5, 2015 SIP England.
subject to review by the Office of
revision satisfies the ‘‘comparable Management and Budget under [FR Doc. 2016–05027 Filed 3–8–16; 8:45 am]
measures’’ requirement of CAA section Executive Order 12866 (58 FR 51735, BILLING CODE 6560–50–P
184(b)(2), because as stated in EPA’s October 4, 1993) and 13563 (76 FR 3821,
Guidance Document, ‘‘the comparable January 21, 2011);
measures requirement is satisfied if • Does not impose an information DEPARTMENT OF TRANSPORTATION
phasing out a Stage II control program collection burden under the provisions
in a particular area is estimated to have of the Paperwork Reduction Act (44 Federal Motor Carrier Safety
no, or a de minimis, incremental loss of U.S.C. 3501 et seq.); Administration
area-wide emissions control.’’ As noted • Is certified as not having a
above, Massachusetts’ SIP revision met significant economic impact on a 49 CFR Part 395
de minimis criteria outlined in EPA’s substantial number of small entities [Docket No. FMCSA–2015–0489]
Guidance Document. In addition, since under the Regulatory Flexibility Act (5
the resulting temporary emissions U.S.C. 601 et seq.); Commercial Driver’s License
increase from the removal of Stage II • Does not contain any unfunded Standards: Application for Exemption;
controls are de minimis, the anti-back mandate or significantly or uniquely State of Idaho, Idaho Transportation
sliding requirements of CAA section affect small governments, as described Department (ITD)
110(l) have also been satisfied. in the Unfunded Mandates Reform Act
EPA is soliciting public comments on of 1995 (Pub. L. 104–4); AGENCY: Federal Motor Carrier Safety
the issues discussed in this document or • Does not have Federalism Administration (FMCSA), DOT.
on other relevant matters. These implications as specified in Executive ACTION: Notice of application for
comments will be considered before Order 13132 (64 FR 43255, August 10, exemption; request for comments.
taking final action. Interested parties 1999);
may participate in the Federal • Is not an economically significant SUMMARY: FMCSA announces that the
rulemaking procedure by submitting regulatory action based on health or Division of Motor Vehicles, Idaho
written comments to this proposed rule safety risks subject to Executive Order Transportation Department (ITD), has
by following the instructions listed in 13045 (62 FR 19885, April 23, 1997); applied for an exemption from
the ADDRESSES section of this Federal • Is not a significant regulatory action provisions of 49 CFR 383.75(a)(8)(v) that
Register. subject to Executive Order 13211 (66 FR require third-party commercial driver
28355, May 22, 2001); license (CDL) testers to initiate and
V. Incorporation by Reference • Is not subject to requirements of maintain a bond in an amount
Lhorne on DSK5TPTVN1PROD with PROPOSALS

In this rule, the EPA is proposing to Section 12(d) of the National determined by the State to be sufficient
include in a final EPA rule regulatory Technology Transfer and Advancement to pay for re-testing drivers in the event
text that includes incorporation by Act of 1995 (15 U.S.C. 272 note) because that the third party or one or more of its
reference. In accordance with application of those requirements would examiners is involved in fraudulent
requirements of 1 CFR 51.5, the EPA is be inconsistent with the Clean Air Act; activities related to conducting skills
proposing to incorporate by reference and testing of CDL applicants. FMCSA
Massachusetts’ 310 CMR 7.00, Air • Does not provide EPA with the requests public comment on IDT’s
Pollution Control: Definitions; 310 CMR discretionary authority to address, as application for exemption.

VerDate Sep<11>2014 14:09 Mar 08, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.SGM 09MRP1

$Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules 12445 the CDL testing arena. The State of CSTIMS enforces jurisdiction-defined for exemption, Idaho has had no Idaho is self-insured, in that Idaho state rules to manage CDL skills testing and instances of fraud in its third-party employee staff members are qualified will alert jurisdictions when testing organizations. ITD requests, and available to re-test any applicants circumstances are encountered that may therefore, that FMCSA approve this who may be found to have given a CDL require investigation to determine if request based on the alternate measures ‘‘tainted’’ by some type of fraud. This fraud may have occurred. CSTIMS also they have put in place supporting the would be done at no cost to the produces reports that can be reviewed spirit and purpose of 49 CFR applicants. for patterns of potential fraud, and 383.75(a)(8)(v) and, in its view, provide surveys are also sent to all individuals an equivalent or greater level of safety. In support of their request, the ITD tested to help monitor Idaho’s testing indicates that it uses, and has used for program and detect fraud. A copy of ITD’s application for over a year now, the Commercial Skills exemption is available for review in the Test Information Management System IV. Method To Ensure an Equivalent or docket for this notice. (CSTIMS) to monitor CDL skills test Greater Level of Safety Issued on: February 26, 2016. examiners and to improve safety. This ITD states that granting this Internet-based tool provides a consistent Larry W. Minor, exemption will result in a level of safety way to track the scheduling and entry of that is equal to or greater than the level Associate Administrator for Policy. test results for CDL skills tests by of safety of the rule without the [FR Doc. 2016–05243 Filed 3–8–16; 8:45 am] jurisdiction and third-party examiners. exemption. According to the application BILLING CODE 4910–EX–P Lhorne on DSK5TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 14:09 Mar 08, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4702 Sfmt 9990 E:\FR\FM\09MRP1.SGM 09MRP1$

Document Created: 2016-03-09 00:13:41
Document Modified: 2016-03-09 00:13:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of application for exemption; request for comments.
Dates		Comments must be received on or before April 8, 2016.
Contact		For information concerning this notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 12443

81 FR 12443 - Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 46 (March 9, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration