81 FR 19703 - Commercial Driver's License: Oregon Department of Transportation; Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 65 (April 5, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19703-19705 | |
| FR Document | 2016-07730 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Notices] [Pages 19703-19705] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07730] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0397] Commercial Driver's License: Oregon Department of Transportation; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant the Oregon Department of Transportation (ODOT) a limited exemption from the commercial learner's permit (CLP) requirement in 49 CFR 383.25(c). All State Driver's Licensing Agencies (SDLAs) are allowed to use this exemption at their discretion. The exemption will allow ODOT and participating SDLAs to extend to one year the 180-day timeline for the CLP from the date of issuance, without requiring the CLP holder to retake the general and endorsement knowledge tests. Under the exemption, an applicant wishing to have a new CLP after the previous one expires will be required to take all applicable tests before a new CLP is issued. DATES: This exemption is effective April 5, 2016, and expires April 5, 2018. ADDRESSES: 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: Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; [[Page 19704]] Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. If you have questions on viewing material in the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ``FMCSA-2015-0397 in the ``Keyword'' box and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. 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 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 ODOT requested an exemption from the Agency's CLP requirement in 49 CFR 383.25(c). The regulation provides that the CLP be valid for no more than 180 days from the date of issuance. The State may renew the CLP for an additional 180 days without requiring the CLP holder to retake the general and endorsement knowledge tests. ODOT proposed that it be allowed to extend the 180-day timeline to one year for CLPs issued to its drivers. ODOT provided multiple reasons for regulatory relief from the CLP rule. First, ODOT believes that the 180-day time line required to renew the CLP adds nothing to the effectiveness of the rule itself, the purpose of which is to ``enhance safety by ensuring that only qualified drivers are allowed to operate commercial vehicles on our nation's highways'' (76 FR 26854, May 9, 2011). ODOT asserts that neither FMCSA staff nor the States were able to identify any highway safety enhancement arising from this requirement. ODOT states that it is unaware of any data suggesting that persons who have not renewed their CLP or obtained their CDL within six months pose less risk on the Nation's highways. Second, ODOT agrees that requiring CLP holders to retake the knowledge test after not obtaining a CDL within one year improves highway safety, but disagrees that the requirement for renewal at six months is needed. According to ODOT, if the exemption is granted, ODOT's CLP would have a validity period of one year with no renewal allowed. All applicable knowledge tests would be required before a new CLP could be issued, which would accomplish the objective of not allowing a person to have a CLP longer than one year without passing knowledge tests. The third reason for the request is that Oregon's ``Department of Motor Vehicle (DMV) field offices have a very large volume of work to accomplish and, at best, limited resources with which to accomplish it. Adding the bureaucratic requirement for a CLP holder to visit a DMV office and pay a fee in order to get a second six months of CLP validity will add unnecessary workload to offices already stretched to the limit. ODOT is confident there would be no negative impact on safety if the exemption is granted.'' According to ODOT, ``If this exemption is not granted, Oregon drivers with CLPs who have not passed the CDL skills test within six months of CLP issuance would have to go to a DMV office and pay for a renewal of the CLP. This would cause undue hardship to the drivers, from the perspectives of both their time and their pocketbooks. It would also cause undue hardship to our agency, where scarce resources would be used to process bureaucratic transactions that add nothing to highway safety.'' In addition, because the issues concerning ODOT's request could be applicable in each State, FMCSA requested public comment on whether the exemption, if granted, should apply to all SDLAs. VI. Public Comments On November 27, 2015, FMCSA published notice of this application and requested public comment (80 FR 74199). The Agency received 10 comments representing various interests in response to the proposed exemption. Six comments received in support of the exemption were from the Alabama Law Enforcement Agency (ALEA); Colorado Department of Revenue CDL Unit (Colorado); New York Department of Motor Vehicles (New York DMV); Oregon Trucking Associations, Inc. (OTA); and two individuals. The ALEA commented that ``this requirement is an added financial burden to the CLP holder by having to pay additional fees for renewal and if applicable, any re-testing fees. Therefore, ALEA is in complete agreement with the Oregon Department of Transportation in their petition to allow the CLP to be valid for one year.'' Colorado commented ``Regarding FMCSA's request that should this be applicable to all states. Colorado is concerned that 77% of the SDLA's have already made the programming changes to issue only a 180 day CLP. Making a change at this point could be very confusing and possibly expensive for SDLA's and the CDL industry. Colorado would suggest that FMCSA leave the rule as is. However, Colorado would also suggest that FMCSA work with ODOT one on one regarding this issue to determine if an exemption should be granted to ODOT. If FMCSA believes an exemption should be granted to ODOT, Colorado would support FMCSA granting Oregon's exemption request.'' The New York DMV commented that ``New York supports granting Oregon's request for an exemption from 49 CFR 383.25(c) which requires that a CLP must be valid for no more than 180 days. The exemption should apply to all SDLAs, allowing states to set their own CLP expiration date, provided the CLP's validity does not exceed one year.'' The OTA commented ``FMCSA has asked if the exemption requested by ODOT should be extended to other states? Our response is, absolutely and we believe FMCSA should go one step further and change the underlying regulation to allow issuance of a CLP for 1-year.'' [[Page 19705]] Mr. Vardis Gaus wrote ``I believe this extension to be valid.'' Mr. Daniel Tucker commented ``As a CDL driver, instructor and state-certified third-party evaluator I believe this proposal/request makes all the sense in the world. Allowing up-to a year practice and development for an entry level driver candidate or re-entering driver allows them to take as much time necessary to build (or rebuild) skills.'' Four comments opposing the exemption were from the Commercial Vehicle Training Association (CVTA) and three individuals. The CVTA summarized its opposition to the exemption by stating ``We urge FMCSA to deny ODOT's request for an exemption from the 180-day CLP renewal requirement. Granting such an exemption carries serious safety concerns and sends the wrong message regarding FMCSA's willingness to accommodate underfunded CDL programs across the Country. Granting this exemption would signal to states that FMCSA will not only tolerate state practices of underfunding CDL programs, but will accommodate them. Moreover, granting this exemption would undercut Congress' recent efforts to put greater pressure on FMCSA and states to ensure that state CDL programs are more adequately funded and efficiently administered.'' Josh Anonymous wrote ``Don't do it. Six months is plenty.'' Mr. Roland Doe wrote ``Send a message to such an unfriendly bureaucracy: NO dice on the waiver request. If other states can meet the Federal requirement--and the majority of them are much easier to do business with--even California--so can ODOT.'' Mr. Gary Scott commented that ``A learner's permit should only be valid for 6 months. If a person cannot achieve a level of proficiency within that time period to acquire a permanent CDL then maybe they should consider another line of work.'' All comments are available for review in the docket for this notice. V. FMCSA Response and Decision The FMCSA has evaluated ODOT's application on its merits following full consideration of the comments submitted to the docket, and has decided to grant the exemption from 49 CFR 383.25(c) for a period of 2 years. The exemption covers ODOT and all SDLAs. Extending the exemption to cover all SDLAs, at their discretion, will preclude the need for other SDLAs choosing to use the exemption to file identical exemption requests. FMCSA believes that safety would not be diminished by allowing a validity period of one year for the CLP. The maximum time allowed between taking the knowledge tests and obtaining the CDL is 12 months under the current rule and under the exemption. The exemption avoids the necessity of obtaining a renewal of the CLP after 6 months if the State chooses to allow that. FMCSA determined that the exemption would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption (49 CFR 381.305(a)). Issued on: March 25, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-07730 Filed 4-4-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices 19703
your comments and material online or (FAST Act) [Pub. L. 114–94, 129 Stat. Issued on: March 25, 2016.
by fax, mail, or hand delivery, but 1312, Dec. 4, 2015], effective October 1, Larry W. Minor,
please use only one of these means. 2015, permits exemptions for no longer Associate Administrator for Policy.
FMCSA recommends that you include than five years from their dates of [FR Doc. 2016–07719 Filed 4–4–16; 8:45 am]
your name and a mailing address, an inception, instead of the previous two BILLING CODE 4910–EX–P
email address, or a phone number in the years. This statutory provision will be
body of your document so the Agency codified in 49 CFR part 381 in a
can contact you if it has questions forthcoming rulemaking. DEPARTMENT OF TRANSPORTATION
regarding your submission.
To submit your comment online, go to III. Request for Exemption
Federal Motor Carrier Safety
www.regulations.gov and put the docket Daimler has applied for a 5-year Administration
number, ‘‘FMCSA–2012–0032’’ in the exemption for Melanie Baumann from
49 CFR 383.23, which prescribes [Docket No. FMCSA–2015–0397]
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on licensing requirements for drivers
Commercial Driver’s License: Oregon
‘‘Comment Now!’’ button and type your operating CMVs in interstate or
Department of Transportation;
comment into the text box in the intrastate commerce. Ms. Baumann is
Application for Exemption
following screen. Choose whether you unable to obtain a CDL in any of the
are submitting your comment as an U.S. States due to her lack of residency AGENCY: Federal Motor Carrier Safety
individual or on behalf of a third party in the United States. A copy of the Administration (FMCSA), DOT.
and then submit. If you submit your application is in Docket No. FMCSA– ACTION: Notice of final disposition; grant
comments by mail or hand delivery, 2012–0032. of application for exemption.
submit them in an unbound format, no The exemption would allow Ms.
larger than 81⁄2 by 11 inches, suitable for Baumann to operate CMVs in interstate SUMMARY: FMCSA announces its
copying and electronic filing. If you or intrastate commerce to support decision to grant the Oregon Department
submit comments by mail and would Daimler field tests designed to meet of Transportation (ODOT) a limited
like to know that they reached the future vehicle safety and environmental exemption from the commercial
facility, please enclose a stamped, self- requirements and to promote learner’s permit (CLP) requirement in 49
addressed postcard or envelope. FMCSA technological advancements in vehicle CFR 383.25(c). All State Driver’s
will consider all comments and material safety systems and emissions Licensing Agencies (SDLAs) are allowed
received during the comment period reductions. Ms. Baumann needs to drive to use this exemption at their discretion.
and may grant or not grant this Daimler vehicles on public roads to The exemption will allow ODOT and
application based on your comments. better understand ‘‘real world’’ participating SDLAs to extend to one
environments in the U.S. market. year the 180-day timeline for the CLP
II. Legal Basis According to Daimler, Ms. Baumann from the date of issuance, without
FMCSA has authority under 49 U.S.C. will typically drive for no more than 6 requiring the CLP holder to retake the
31136(e) and 31315 to grant exemptions hours per day for 2 consecutive days, general and endorsement knowledge
from the Federal Motor Carrier Safety and that 10 percent of the test driving tests. Under the exemption, an applicant
Regulations. FMCSA must publish a will be on two-lane State highways, wishing to have a new CLP after the
notice of each exemption request in the while 90 percent will be on Interstate previous one expires will be required to
Federal Register (49 CFR 381.315(a)). highways. The driving will consist of no take all applicable tests before a new
The Agency must provide the public an more than 200 miles per day, for a total CLP is issued.
opportunity to inspect the information of 400 miles during a two-day period on
DATES: This exemption is effective April
relevant to the application, including a quarterly basis. She will in all cases
5, 2016, and expires April 5, 2018.
any safety analyses that have been be accompanied by a holder of a U.S.
conducted. The Agency must also CDL who is familiar with the routes to ADDRESSES:
provide an opportunity for public be traveled. Docket: For access to the docket to
comment on the request. Ms. Baumann holds a valid German read background documents or
The Agency reviews the safety commercial license, and as explained by comments, go to www.regulations.gov at
analyses and the public comments, and Daimler in its exemption request, the any time or visit Room W12–140 on the
determines whether granting the requirements for that license ensure that ground level of the West Building, 1200
exemption would likely achieve a level the same level of safety is met or New Jersey Avenue SE., Washington,
of safety equivalent to, or greater than, exceeded as if this driver had a U.S. DC, between 9 a.m. and 5 p.m., ET,
the level that would be achieved by the CDL. Furthermore, according to Monday through Friday, except Federal
current regulation (49 CFR 381.305). Daimler, Ms. Baumann is familiar with holidays. The on-line FDMS is available
The decision of the Agency must be the operation of CMVs worldwide. 24 hours each day, 365 days each year.
published in the Federal Register (49 FMCSA has previously determined Privacy Act: In accordance with 5
CFR 381.315(b)) with the reason for the that the process for obtaining a German U.S.C. 553(c), DOT solicits comments
grant or denial, and, if granted, the commercial license is comparable to, or from the public to better inform its
specific person or class of persons as effective as, the requirements of part rulemaking process. DOT posts these
receiving the exemption, and the 383, and adequately assesses the comments, without edit, including any
regulatory provision or provisions from driver’s ability to operate CMVs in the personal information the commenter
asabaliauskas on DSK3SPTVN1PROD with NOTICES
which exemption is granted. The notice U.S. Since 2012, FMCSA has granted provides, to www.regulations.gov, as
must also specify the effective period of Daimler drivers similar exemptions described in the system of records
the exemption (up to 5 years), and [May 25, 2012 (77 FR 31422); July 22, notice (DOT/ALL–14 FDMS), which can
explain the terms and conditions of the 2014 (79 FR 42626); March 27, 2015 (80 be reviewed at www.dot.gov/privacy.
exemption. The exemption may be FR 16511); October 5, 2015 (80 FR FOR FURTHER INFORMATION CONTACT: Mrs.
renewed (49 CFR 381.300(b)). 60220); December 7, 2015 (80 FR Pearlie Robinson, Driver and Carrier
Section 5206(a)(2) of the ‘‘Fixing 76059); December 21, 2015 (80 FR Operations Division; Office of Carrier,
America’s Surface Transportation Act,’’ 79410)]. Driver and Vehicle Safety Standards;
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![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices 19705
Mr. Vardis Gaus wrote ‘‘I believe this period of one year for the CLP. The FOR FURTHER INFORMATION CONTACT: If
extension to be valid.’’ maximum time allowed between taking you have a project related question, you
Mr. Daniel Tucker commented ‘‘As a the knowledge tests and obtaining the may contact Dr. Mark Hartong,
CDL driver, instructor and state-certified CDL is 12 months under the current rule Scientific and Technical Advisor
third-party evaluator I believe this and under the exemption. The (Phone: (202) 493–1332; email:
proposal/request makes all the sense in exemption avoids the necessity of Mark.Hartong@dot.gov), or Mr. Devin
the world. Allowing up-to a year obtaining a renewal of the CLP after 6 Rouse, Program Manager (Phone: (202)
practice and development for an entry months if the State chooses to allow 493–6185, email: devin.rouse@dot.gov).
level driver candidate or re-entering that. FMCSA determined that the Grant application submission and
driver allows them to take as much time exemption would maintain a level of processing questions should be
necessary to build (or rebuild) skills.’’ safety equivalent to, or greater than, the addressed to Mr. Marvin Winston,
Four comments opposing the level achieved without the exemption Office of Program Delivery, Federal
exemption were from the Commercial (49 CFR 381.305(a)). Railroad Administration, 1200 New
Vehicle Training Association (CVTA) Issued on: March 25, 2016. Jersey Avenue SE., Room W36–440,
and three individuals. T.F. Scott Darling, III, Washington, DC 20590; Email:
The CVTA summarized its opposition marvin.winston@dot.gov.
to the exemption by stating ‘‘We urge Acting Administrator.
[FR Doc. 2016–07730 Filed 4–4–16; 8:45 am] SUPPLEMENTARY INFORMATION:
FMCSA to deny ODOT’s request for an Notice to applicants: FRA
exemption from the 180-day CLP BILLING CODE 4910–EX–P
recommends applicants read this notice
renewal requirement. Granting such an in its entirety prior to preparing
exemption carries serious safety application materials. There are several
concerns and sends the wrong message DEPARTMENT OF TRANSPORTATION
administrative prerequisites described
regarding FMCSA’s willingness to Federal Railroad Administration herein that applicants must comply
accommodate underfunded CDL with in order to submit an application,
programs across the Country. Granting FY 2016 Railroad Safety Technology as well as specific eligibility
this exemption would signal to states Grant Funds requirements that must be met.
that FMCSA will not only tolerate state Additionally, applicants should note
practices of underfunding CDL AGENCY: Federal Railroad
Administration (FRA), Department of that the required Project Narrative
programs, but will accommodate them. component of the application package
Moreover, granting this exemption Transportation (DOT).
ACTION: Notice of Funding Opportunity
may not exceed 25 pages in length
would undercut Congress’ recent efforts (including any appendices).
to put greater pressure on FMCSA and (NOFO).
states to ensure that state CDL programs Table of Contents
SUMMARY: This notice details the
are more adequately funded and application requirements and 1. Funding Opportunity Description
efficiently administered.’’ procedures for obtaining funding for 2. Award Information
Josh Anonymous wrote ‘‘Don’t do it. eligible Railroad Safety Technology 3. Eligibility and Review Criteria
Six months is plenty.’’ Grant projects. The opportunities 4. Application and Submission Information
Mr. Roland Doe wrote ‘‘Send a 5. Award Administration Information
described in this notice are available
message to such an unfriendly 6. Agency Contact
under Catalog of Federal Domestic
bureaucracy: NO dice on the waiver Section 1: Funding Opportunity
Assistance number 20.321, ‘‘Railroad
request. If other states can meet the Description
Safety Technology.’’
Federal requirement—and the majority
DATES: Applications for funding under The purpose of this notice is to solicit
of them are much easier to do business
with—even California—so can ODOT.’’ this solicitation are due no later than applications for grants for eligible
Mr. Gary Scott commented that ‘‘A 5:00 p.m. DST May 20, 2016. railroad safety technology projects.
learner’s permit should only be valid for Applications for funding received after Congress appropriated the funding
6 months. If a person cannot achieve a 5:00 p.m. DST on May 20, 2016 will not available under this NOFO, $25 million,
level of proficiency within that time be considered. See Section 4 of this in the Consolidated Appropriations Act,
period to acquire a permanent CDL then notice for additional information 2016, Division L, Title I (Pub. L. 114–
maybe they should consider another regarding the application process. 113 (December 18, 2015)), to carry out
line of work.’’ ADDRESSES: Applications must be railroad safety technology grants as set
All comments are available for review submitted via Grants.gov. For any forth in 49 U.S.C. 20158. To maximize
in the docket for this notice. required or supporting application the benefits of the funding available,
materials that an applicant is unable to FRA is limiting the eligible projects to
V. FMCSA Response and Decision submit via Grants.gov (such as oversized those that implement a Positive Train
The FMCSA has evaluated ODOT’s engineering drawings), an applicant Control (PTC) system or, as described in
application on its merits following full may submit an original and two (2) Section 3, will otherwise benefit overall
consideration of the comments copies to Mr. Marvin Winston, Office of PTC system implementation on freight,
submitted to the docket, and has Program Delivery, Federal Railroad intercity passenger, and commuter
decided to grant the exemption from 49 Administration, 1200 New Jersey railroads.
CFR 383.25(c) for a period of 2 years. Avenue SE., Room W36–440,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The exemption covers ODOT and all Washington, DC 20590; Email: Section 2: Award Information
SDLAs. Extending the exemption to marvin.winston@dot.gov. However, due FRA anticipates making multiple
cover all SDLAs, at their discretion, will to delays caused by enhanced screening awards from the funding made available
preclude the need for other SDLAs of mail delivered via the U.S. Postal in this notice and is not predetermining
choosing to use the exemption to file Service, applicants are advised to use any minimum or maximum dollar
identical exemption requests. FMCSA other means of conveyance (such as amounts for awards. However, given the
believes that safety would not be courier service) to assure timely receipt limited amount of funding currently
diminished by allowing a validity of materials. available, applicants are encouraged to
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Document Created: 2018-02-07 13:53:39
Document Modified: 2018-02-07 13:53:39
| 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 | Notices | |
| Action | Notice of final disposition; grant of application for exemption. | |
| Dates | This exemption is effective April 5, 2016, and expires April 5, 2018. | |
| Contact | Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. If you have questions on viewing material in the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 19703 |
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