81 FR 23349 - 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 76 (April 20, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 76 (April 20, 2016)
| Page Range | 23349-23351 | |
| FR Document | 2016-09116 |
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)] [Notices] [Pages 23349-23351] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09116] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0130] 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. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has received an application from the Missouri Department of Revenue (DOR), Driver's License Bureau, for a limited exemption from the Agency's commercial driver's license (CDL) regulations. These regulations require a driver to pass the general knowledge test before being issued a Commercial Learner's Permit (CLP). The Missouri DOR requests an exemption from knowledge test requirement for qualified veterans who participated in dedicated training in approved military programs. The Missouri DOR states that its goal is to assist qualified veterans in obtaining employment when returning to the civilian workforce, and that granting this exemption will assist veterans who have already been through extensive military training. FMCSA requests public comment on the exemption application. In addition, because the issue raised by the Missouri DOR is not unique to that State, 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 20, 2016. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA- [[Page 23350]] 2016-0130 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 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-2016-0130), 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-2016-0130'' 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 383.71(a)(2)(ii), which requires any person applying for a Commercial Learner's Permit (CLP) on or after July 8, 2015, to have taken and passed a general knowledge test that meets the Federal standards in subparts F, G and H of part 383 for the commercial vehicle group that the applicant operates or expects to operate. The Missouri DOR requested an exemption from the knowledge test requirements for trained military truck drivers, in effect giving designated drivers credit for military training and experience. The Missouri DOR provides a number of reasons for this request. It contends that qualified veterans who participated in the dedicated training in approved military programs have already received numerous hours of classroom training, practical skills training, and one-on-one road training that are essential for safe driving. Other reasons for the request include: The hours of training required by these military programs before certifying trainees to drive military vehicles is in excess of the minimum entry-level driver training required in FMCSA's proposed rulemaking, and is comparable to the skills needed to pass the American Association of Motor Vehicle Administrators (AAMVA) 2005 CDL Test Model. While the AAMVA test standard requires a passing score, the military programs offer training which is not deemed completed until all methods are applied in a practical sense; Veterans who participate in specialized military training are assigned duties where their driving skills are applied and used on a frequent basis and would be an asset in civilian life; and The trucking industry continually expresses the need for new drivers every year. Providing this incentive would assist in expediting the transition of fully trained military truck drivers to fill these jobs. In addition, because the issue raised by the Missouri DOR is not unique to that State, 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. [[Page 23351]] Issued on: April 13, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-09116 Filed 4-19-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices 23349
(4) Shows evidence of authentication safety that would be obtained in the The FMCSA does not believe the
of the signer’s identity such as the text absence of the exemption. safety record of any driver operating
‘‘digitally signed by’’ along with the DATES: This limited exemption is under this exemption will deteriorate.
software provider’s seal/watermark, date effective from March 27, 2015, through However, should deterioration in safety
and time of execution; or, have an March 27, 2020. occur, FMCSA will take all steps
authentication code or key identifying SUPPLEMENTARY INFORMATION: necessary to protect the public interest,
the software provider; and including revocation of the exemption.
(5) Has a font, size and color density Legal Basis The FMCSA has the authority to
that is clearly legible and reproducible FMCSA has authority under 49 U.S.C. terminate the exemption at any time the
when reviewed, copied and scanned 31136(e) and 31315 to grant exemptions Agency has the data/information to
into a black on white format. from certain parts of the Federal Motor conclude that safety is being
Documents digitally signed in the Carrier Safety Regulations. FMCSA must compromised.
forgoing manner will be considered publish a notice of each exemption Issued on: April 13, 2016.
facially valid and will be acceptable for request in the Federal Register [49 CFR
review and consideration by the FAA T.F. Scott Darling, III,
381.315(a)].
Civil Aircraft Registry, Aircraft Acting Administrator.
Section 5206(b)(2)(A) of the FAST Act
Registration Branch (the Aircraft requires FMCSA to extend any [FR Doc. 2016–09112 Filed 4–19–16; 8:45 am]
Registry) for recordation and registration exemption from any provision of the BILLING CODE 4910–EX–P
purposes. HOS regulations under 49 CFR part 395
Issued in Washington, DC, on April 13, that was in effect on the date of
2016. enactment of the Act to a period of 5 DEPARTMENT OF TRANSPORTATION
John S. Duncan, years from the date the exemption was Federal Motor Carrier Safety
Director, Flight Standards Service. granted. The exemption may be
Administration
[FR Doc. 2016–09069 Filed 4–19–16; 8:45 am] renewed. Because this action merely
BILLING CODE 4910–13–P
implements a statutory mandate that [Docket No. FMCSA–2016–0130]
took effect on the date of enactment of
the FAST Act, notice and comment are Commercial Driver’s License: Missouri
not required. Department of Revenue (DOR);
DEPARTMENT OF TRANSPORTATION
Application for Exemption
MFT Exemption
Federal Motor Carrier Safety AGENCY: Federal Motor Carrier Safety
Administration MFT, a private motor carrier, applied
Administration (FMCSA), DOT.
for an exemption to eliminate the
[Docket No. FMCSA–2014–0071] ACTION: Notice of application for
requirement that S/B time include a
period of at least 8 but less than 10 exemption; request for comments.
Hours of Service of Drivers: McKee
consecutive hours in the S/B and a SUMMARY: FMCSA announces that it has
Foods Transportation LLC, Exemption;
separate period of at least 2 but less than received an application from the
FAST Act Extension of Expiration Date
10 consecutive hours either in the S/B Missouri Department of Revenue (DOR),
AGENCY: Federal Motor Carrier Safety or off duty, or any combination thereof Driver’s License Bureau, for a limited
Administration (FMCSA), DOT. [49 CFR 395.1(g)(1)(ii)(A)(1)]. The exemption from the Agency’s
ACTION: Notice; extension of exemption. exemption is limited to team drivers, commercial driver’s license (CDL)
and these team drivers are allowed to regulations. These regulations require a
SUMMARY: FMCSA announces the split S/B time into two periods totaling driver to pass the general knowledge
extension of the exemption granted to at least 10 hours, provided neither of the
McKee Foods Transportation, LLC, test before being issued a Commercial
two periods is less than 3 hours in Learner’s Permit (CLP). The Missouri
(MFT) on March 27, 2015, for length.
transportation by their team drivers DOR requests an exemption from
FMCSA reviewed MFT’s application knowledge test requirement for
utilizing the sleeper-berth (S/B). The and the public comments and
Agency extends the expiration date from qualified veterans who participated in
concluded that granting the exemption dedicated training in approved military
March 27, 2015, to March 27, 2020, in would likely achieve a level of safety
response to Section 5206(b)(2)(A) of the programs. The Missouri DOR states that
equivalent to, or greater than, the level
‘‘Fixing America’s Surface its goal is to assist qualified veterans in
that would be achieved by the current
Transportation Act’’ (FAST Act). That obtaining employment when returning
regulation. A Notice of Final
section extends the expiration date of to the civilian workforce, and that
Determination granting the MFT
hours-of-service (HOS) exemptions in granting this exemption will assist
exemption was published on March 27,
effect on the date of enactment of the veterans who have already been through
2015 [80 FR 16503].
FAST Act to 5 years from the date of The substance of the exemption is not extensive military training. FMCSA
issuance of the exemptions. The MFT affected by this extension. The requests public comment on the
exemption from the Agency’s S/B exemption covers only the split S/B exemption application. In addition,
requirement is limited to team drivers requirement [49 CFR because the issue raised by the Missouri
employed by MFT to allow these drivers 395.1(g)(1)(ii)(A)(1–2)]. The exemption DOR is not unique to that State, FMCSA
to split S/B time into two periods is restricted to MFT team drivers, who requests public comment whether the
totaling at least 10 hours, provided utilize electronic logging devices to exemption, if granted, should cover all
State Driver’s Licensing Agencies
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neither of the two periods is less than track records of duty status; have a
3 hours in length. The Agency minimum 26-hour off-duty period, at (SDLAs).
previously determined that the home, from Friday night to Saturday DATES: Comments must be received on
commercial motor vehicle operations of night; and are limited to 10 hours of or before May 20, 2016.
MFT drivers under this exemption driving following their required 10 ADDRESSES: You may submit comments
would likely achieve a level of safety consecutive hours off duty, or the S/B identified by Federal Docket
equivalent to or greater than the level of equivalent. Management System Number FMCSA–
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![Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices 23351
Issued on: April 13, 2016. Avenue SE., Washington, DC 20590– button and choose the document to
Larry W. Minor, 0001. review. If you do not have access to the
Associate Administrator for Policy. • Hand Delivery or Courier: West Internet, you may view the docket
[FR Doc. 2016–09116 Filed 4–19–16; 8:45 am] Building Ground Floor, Room W12–140, online by visiting the Docket
BILLING CODE 4910–EX–P
1200 New Jersey Avenue SE., Management Facility in Room W12–140
Washington, DC, between 9 a.m. and 5 on the ground floor of the DOT West
p.m., ET, Monday through Friday, Building, 1200 New Jersey Avenue SE.,
DEPARTMENT OF TRANSPORTATION except Federal Holidays. Washington, DC 20590, between 9 a.m.
• Fax: 1–202–493–2251. and 5 p.m., E.T., Monday through
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. Friday, except Federal holidays.
Administration Theresa Rowlett, 1200 New Jersey Privacy Act
[Docket No. FMCSA–2015–0124] Avenue SE., Washington, DC 20590,
Telephone (202) 366–6406, In accordance with 5 U.S.C. 553(c),
Beyond Compliance Program theresa.rowlett@dot.gov. DOT solicits comments from the public
to better inform its program policy
SUPPLEMENTARY INFORMATION:
AGENCY: Federal Motor Carrier Safety development process. DOT posts these
Administration (FMCSA), DOT. Submitting Comments comments, without edit, including any
ACTION: Notice; request for comment. If you submit a comment, please personal information the commenter
include the docket number for this provides, to www.regulations.gov, as
SUMMARY: The Fixing America’s Surface described in the system of records
notice (FMCSA–2015–0124), indicate
Transportation (FAST) Act requires notice (DOT/ALL–14 FDMS), which can
the specific section of this document to
FMCSA to implement a ‘‘Beyond be reviewed at www.dot.gov/privacy.
which each comment applies, and
Compliance’’ program no later than 18
provide a reason for each suggestion or Background
months after the enactment of the Act.
recommendation. You may submit your
Through this proposed program, the Motor Carrier Safety Advisory
comments and material online or by fax,
FMCSA Administrator must allow Committee (MCSAC) Tasking
mail, or hand delivery, but please use
recognition, either through credit
only one of these means. FMCSA On March 30, 2015, FMCSA tasked
recognized by a new Beyond
recommends that you include your the MCSAC with providing
Compliance Behavior Analysis and
name and a mailing address, an email recommendations to the Agency on the
Safety Improvement Category (BASIC),
address, or a phone number in the body potential benefits and feasibility of
or an improved Safety Measurement
of your document so that FMCSA can voluntary compliance and ways to
System (SMS) percentile, for a motor
contact you if there are questions credit carriers and drivers who initiate
carrier that: (1) Installs advanced safety
regarding your submission. and establish programs that promote
equipment; (2) uses enhanced driver
To submit your comment online, go to safety beyond the standards established
fitness measures; (3) adopts fleet safety
http://www.regulations.gov, put the in FMCSA regulations. The Agency
management tools, technologies, and
docket number, FMCSA–2015–0124, in specifically asked for the views of the
programs; or (4) satisfies other standards
the keyword box, and click ‘‘Search.’’ MCSAC on this concept, with any data
determined appropriate by the
When the new screen appears, click on or analysis to support it with regard to
Administrator. The FAST Act also
the ‘‘Comment Now!’’ button and type three basic areas:
requires that the Agency provide the 1. What voluntary technologies or
your comment into the text box on the
opportunity for notice and comment on safety program best practices would be
following screen. Choose whether you
a process for identifying and reviewing appropriate for beyond compliance?
are submitting your comment as an
advanced safety equipment, enhanced 2. What type of incentives would
individual or on behalf of a third party
driver fitness measures, fleet safety encourage motor carriers to invest in
and then submit.
management tools, technologies, and technologies and best practices
If you submit your comments by mail
programs, and other standards for use programs?
or hand delivery, submit them in an
by motor carriers to receive recognition. 3. How would FMCSA verify the
unbound format, no larger than 81⁄2 by
This proposed program will not allow voluntary technologies or safety
11 inches, suitable for copying and
relief from regulatory requirements. programs were being implemented?
electronic filing. If you submit
This notice satisfies that requirement to The Agency received the MCSAC’s
comments by mail and would like to
seek comments on this program. letter report on September 21, 2015. The
know that they reached the facility,
Comments and data received in MCSAC noted that the ideas in the
please enclose a stamped, self-addressed
response to this notice will be used to report were not based on a full
postcard or envelope.
further develop the Beyond Compliance discussion on the merits; rather, these
We will consider all comments and
program. ideas were suggested and supported by
material received during the comment
DATES: Comments must be received on period and may draft an additional a variety of MCSAC members. It was the
or before June 20, 2016. notice of program development based Committee’s intention to provide
ADDRESSES: You may submit comments on your comments and other FMCSA with a broad range of ideas that
bearing the Federal Docket Management information and analysis. address the questions the Agency laid
System (FDMS) Docket No. FMCSA– out in the Task Statement from the
2015–0124 using any of the following Viewing Comments and Documents diverse group of stakeholders that
Lhorne on DSK5TPTVN1PROD with NOTICES
methods: To view comments, as well as any constitute the MCSAC membership.
• Federal eRulemaking Portal: Go to documents mentioned in this preamble Additionally, the MCSAC noted that the
www.regulations.gov. Follow the on-line as being available in the docket, go to inclusion of ideas in this report was not
instructions for submitting comments. http://www.regulations.gov. Insert the based on a discussion of whether
• Mail: Docket Management Facility; docket number, FMCSA–2015–0124, in sufficient data exists to support the use
U.S. Department of Transportation, the keyword box, and click ‘‘Search.’’ of the relevant incentive or on cost/
Room W12–140, 1200 New Jersey Next, click the ‘‘Open Docket Folder’’ benefit considerations. A copy of the
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Document Created: 2016-04-20 01:51:58
Document Modified: 2016-04-20 01:51:58
| 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 20, 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 23349 |
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