81 FR 21443 - Commercial Driver's License: Missouri Department of Revenue (DOR); Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range		21443-21444
FR Document		2016-08208

FMCSA announces that it has received an application from the Missouri DOR for a limited exemption from the Agency's commercial driver's license (CDL) regulations. These regulations allow a State to waive the CDL skills test for applicants regularly employed or previously employed within the last 90 days in a military position requiring operation of a commercial motor vehicle (CMV). The Missouri DOR proposes that it be allowed to extend the 90-day timeline to one year following the driver's separation from military service. The Missouri DOR believes the 90-day timeframe is too short to take advantage of the waiver for many of the qualified discharged veterans reentering and settling into civilian life. FMCSA requests public comment on this application for exemption. In addition, because the issues concerning the Missouri request could be applicable in each of the States, FMCSA requests public comment whether the exemption, if granted, should cover all State Driver's Licensing Agencies (SDLAs).

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21443-21444]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08208]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0118]


Commercial Driver's License: Missouri Department of Revenue 
(DOR); Application for Exemption

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 it has received an application from the 
Missouri DOR for a limited exemption from the Agency's commercial 
driver's license (CDL) regulations. These regulations allow a State to 
waive the CDL skills test for applicants regularly employed or 
previously employed within the last 90 days in a military position 
requiring operation of a commercial motor vehicle (CMV). The Missouri 
DOR proposes that it be allowed to extend the 90-day timeline to one 
year following the driver's separation from military service. The 
Missouri DOR believes the 90-day timeframe is too short to take 
advantage of the waiver for many of the qualified discharged veterans 
reentering and settling into civilian life. FMCSA requests public 
comment on this application for exemption. In addition, because the 
issues concerning the Missouri request could be applicable in each of 
the States, FMCSA requests public comment whether the exemption, if 
granted, should cover all State Driver's Licensing Agencies (SDLAs).

DATES: Comments must be received on or before May 11, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0118 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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. 
E.T., 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

[[Page 21444]]

Safety Standards; Telephone: 202-366-2718. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0118), 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 comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0118'' 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. 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 to grant 
exemptions from certain 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 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

    The Missouri DOR requests an exemption from 49 CFR 383.77(b)(1), 
which allows States to waive the skills test described in Sec.  383.113 
for applicants regularly employed or previously employed within the 
last 90 days in a military position requiring operation of a CMV. The 
Missouri DOR proposes that it be allowed to extend the 90-day timeline 
to one year following the driver's separation from military service.
    The Missouri DOR contends that the 90-day timeframe is too short 
for many of the qualified veterans to utilize while reentering civilian 
life. They state that the Department has utilized the military waiver 
program for years and one of the most common reasons the applicant is 
not eligible is because the application is beyond the 90-day timeframe. 
Furthermore, the industry need for new drivers is continually growing 
each year and providing additional flexibility in Sec.  383.77(b)(1) 
will help offset that need by transitioning fully-trained military 
veterans into civilian employment. They further state that it is their 
goal to assure highway safety by licensing qualified veterans seeking 
employment following discharge. A more accessible waiver period would 
assist in meeting this goal and provide an opportunity to veterans.
    FMCSA has previously determined that extending the 90-day skills 
test waiver period to one year following the driver's separation from 
military service would maintain a level of safety equivalent to, or 
greater than, the level achieved without the exemption (49 CFR 
381.305(a)). An exemption extending the 90-day skills test waiver 
period to one year was granted to the Commonwealth of Virginia, 
Department of Motor Vehicles (Virginia DMV) on July 8, 2014 (79 FR 
38645). This exemption is in effect through July 8, 2016, and is 
applicable to all State driver licensing agencies (SDLAs).
    On March 16, 2016, FMCSA published a notice of proposed rulemaking 
(NPRM) and request for comments entitled ``Commercial Driver's License 
Requirements of the Moving Ahead for Progress in the 21st Century Act 
and the Military Commercial Driver's License Act of 2012'' (81 FR 
14052). This proposed rulemaking would extend the time period for 
applying for a skills test waiver from 90 days to one year after 
leaving a military position requiring the operation of a CMV for all 
States. The comment period on this notice closes on May 16, 2016. This 
proposed rulemaking will not be finalized by July 8, 2016, which is the 
Virginia DMV exemption expiration date. Therefore, to avoid a potential 
gap, today's publication of the Missouri DOR exemption request and 
request for comments to extend the 90-day timeframe to one year, is 
necessary.
    In addition, because the issues concerning the Missouri DOR request 
could be applicable in each of the States, FMCSA requests public 
comment on whether the exemption, if granted, should cover all State 
Driver's Licensing Agencies (SDLAs).
    A copy of the Missouri DOR's application for exemption is available 
for review in the docket for this notice.

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

    The FMCSA does not believe that the veterans' driving skills would 
decrease during the additional 9 months in which this exemption allows 
them to apply for a waiver of the CDL skills test. This exemption only 
extends the period during which application for the skills test waiver 
may be made, and does not revise any other provisions of the 
regulations. 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: April 4, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08208 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21443

law that authorizes judicial review of a 2. National Environmental Policy Act timeframe is too short to take advantage
claim provides a time period of less (NEPA); of the waiver for many of the qualified
than 150 days for filing such claim, then 3. Moving Ahead for Progress in the discharged veterans reentering and
that shorter time period still applies. 21st Century Act (MAP–21); settling into civilian life. FMCSA
FOR FURTHER INFORMATION CONTACT: For 4. Department of Transportation Act requests public comment on this
Caltrans: Mine Struhl, Branch Chief, of 1966; application for exemption. In addition,
Environmental Planning Division, 5. Federal Aid Highway Act of 1970; because the issues concerning the
California Department of 6. Clean Air Act Amendments of Missouri request could be applicable in
Transportation—District 7, 100 South 1990; each of the States, FMCSA requests
Main Street, Los Angeles, California, 7. Noise Control Act of 1970; public comment whether the
8 a.m. to 5 p.m., 213–897–5446, 8. 23 CFR part 772 FHWA Noise exemption, if granted, should cover all
mine.struhl@dot.ca.gov. Standards, Policies and Procedures; State Driver’s Licensing Agencies
SUPPLEMENTARY INFORMATION: Effective 9. Department of Transportation Act (SDLAs).
July 1, 2007, the Federal Highway of 1966, Section 4(f); DATES: Comments must be received on
Administration (FHWA) assigned, and 10. Clean Water Act of 1977 and 1987; or before May 11, 2016.
the California Department of 11. Endangered Species Act of 1973;
ADDRESSES: You may submit comments
Transportation (Caltrans) assumed, 12. Migratory Bird Treaty Act;
identified by Federal Docket
environmental responsibilities for this 13. National Historic Preservation Act
Management System Number FMCSA–
project pursuant to 23 U.S.C. 327. of 1966, as amended;
2016–0118 by any of the following
Notice is hereby given that Caltrans, 14. Historic Sites Act of 1935; and,
methods:
have taken final agency actions subject 15. Executive Order 13112, Invasive • Federal eRulemaking Portal:
to 23 U.S.C. 139(l)(1) by issuing Species. www.regulations.gov. See the Public
licenses, permits, and approvals for the (Catalog of Federal Domestic Assistance Participation and Request for Comments
following Century Boulevard extension Program Number 20.205, Highway Planning section below for further information.
project in the State of California: and Construction. The regulations • Mail: Docket Management Facility,
Caltrans proposes to extend Century implementing Executive Order 12372 U.S. Department of Transportation, 1200
Boulevard from Grape Street eastward, regarding intergovernmental consultation on
Federal programs and activities apply to this
New Jersey Avenue SE., West Building,
curving around the new central park to program.) Ground Floor, Room W12–140,
connect with Tweedy Boulevard, where Washington, DC 20590–0001.
it crosses the Alameda corridor. The Authority: 23 U.S.C. 139(l)(1). • Hand Delivery or Courier: West
proposed street will be approximately Omar A. Elkassed, Building, Ground Floor, Room W12–
half a mile long, 74 feet to 86 feet wide, Senior Transportation Planner, Federal 140, 1200 New Jersey Avenue SE.,
and will have adequate width space to Highway Administration, California Division. between 9 a.m. and 5 p.m. E.T., Monday
accommodate buses. The Federal Project [FR Doc. 2016–08243 Filed 4–8–16; 8:45 am] through Friday, except Federal holidays.
Identification Number associated with • Fax: 1–202–493–2251.
BILLING CODE 4910–RY–P
the project is CML–5006(810). The Each submission must include the
purpose of the project is to create a Agency name and the docket number for
multimodal roadway that extends DEPARTMENT OF TRANSPORTATION this notice. Note that DOT posts all
Century Boulevard between Alameda comments received without change to
Street and Grape Street, where currently Federal Motor Carrier Safety www.regulations.gov, including any
no streets, bike lanes, sidewalks, or Administration personal information included in a
pedestrian enhancements exist. Century comment. Please see the Privacy Act
Boulevard between Grape Street and [Docket No. FMCSA–2016–0118] heading below.
Alameda Street will be reclassified from Docket: For access to the docket to
Commercial Driver’s License: Missouri read background documents or
a Major Highway Class II Arterial Street Department of Revenue (DOR);
to a Modified Collector Street. The comments, go to www.regulations.gov at
Application for Exemption any time or visit Room W12–140 on the
actions by the Federal agencies, and the
laws under which such actions were AGENCY: Federal Motor Carrier Safety ground level of the West Building, 1200
taken, are described in the Administration (FMCSA), DOT. New Jersey Avenue SE., Washington,
Environmental Assessment (EA) with ACTION: Notice of application for DC, between 9 a.m. and 5 p.m., ET,
Finding of No Significant Impact exemption; request for comments. Monday through Friday, except Federal
(FONSI) for the project, approved on holidays. The on-line FDMS is available
February 5, 2016, and in other SUMMARY: FMCSA announces that it has 24 hours each day, 365 days each year
documents in the FHWA project received an application from the Privacy Act: In accordance with 5
records. The EA/FONSI and other Missouri DOR for a limited exemption U.S.C. 553(c), DOT solicits comments
project records are available by from the Agency’s commercial driver’s from the public to better inform its
contacting Caltrans at the address license (CDL) regulations. These rulemaking process. DOT posts these
provided above. The EA/FONSI can be regulations allow a State to waive the comments, without edit, including any
viewed and downloaded from the CDL skills test for applicants regularly personal information the commenter
project Web site at http:// employed or previously employed provides, to www.regulations.gov, as
described in the system of records
mstockstill on DSK4VPTVN1PROD with NOTICES

www.dot.ca.gov/dist07/resources/ within the last 90 days in a military
envdocs/. This notice applies to all position requiring operation of a notice (DOT/ALL–14 FDMS), which can
Federal agency decisions as of the commercial motor vehicle (CMV). The be reviewed at www.dot.gov/privacy.
issuance date of this notice and all laws Missouri DOR proposes that it be FOR FURTHER INFORMATION CONTACT: For
under which such actions were taken, allowed to extend the 90-day timeline to information concerning this notice,
including but not limited to: one year following the driver’s contact Mr. Richard Clemente, FMCSA
1. Council on Environmental Quality separation from military service. The Driver and Carrier Operations Division;
regulations; Missouri DOR believes the 90-day Office of Carrier, Driver and Vehicle

VerDate Sep<11>2014 18:37 Apr 08, 2016 Jkt 238001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1

Document Created: 2016-04-09 00:11:25
Document Modified: 2016-04-09 00:11:25

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 application for exemption; request for comments.
Dates		Comments must be received on or before May 11, 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: 202-366-2718. 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 21443

81 FR 21443 - Commercial Driver's License: Missouri Department of Revenue (DOR); Application for Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 69 (April 11, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration