81 FR 42391 - Commercial Driver's License Standards: Missouri Department of Revenue (DOR); Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 125 (June 29, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42391-42392 | |
| FR Document | 2016-15287 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Notices] [Pages 42391-42392] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15287] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0118] Commercial Driver's License Standards: Missouri Department of Revenue (DOR); 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 Missouri DOR and all other State driver licensing agencies (SDLAs) 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 exemption extends the 90-day timeline to one year following the driver's separation from military service. The Missouri DOR believed that the 90-day timeframe is too short to take advantage of the waiver for many of the qualified discharged veterans entering and settling into civilian life. A similar exemption was granted to the Commonwealth of Virginia, Department of Motor Vehicles (VA DMV) and all SDLAs on July 8, 2014, effective through July 8, 2016. FMCSA has analyzed the Missouri DOR exemption application and the public comments and has determined that the exemption will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. DATES: This exemption is effective July 8, 2016 through July 8, 2018. FOR FURTHER INFORMATION 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]. SUPPLEMENTARY INFORMATION: Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from 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 [[Page 42392]] conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which 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)). Request for Exemption The Missouri DOR requested 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 proposed that it be allowed to extend the 90-day timeline to one year following the driver's separation from military service. The Missouri DOR contended that the 90-day timeframe is too short for many of the qualified veterans to utilize while reentering civilian life. They stated 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 stated 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) and all SDLAs on July 8, 2014 (79 FR 38645). This exemption is in effect through July 8, 2016. 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 closed on May 16, 2016. This proposed rulemaking will not be finalized by July 8, 2016, which is the VA DMV exemption expiration date. Therefore, this Missouri DOR exemption for all SDLAs is needed to cover the time between expiration of the Virginia exemption and any rulemaking that would make the exemption(s) moot. A copy of the Missouri DOR's application for exemption is available for review in the docket for this notice. Public Comments On April 11, 2016, FMCSA published notice of the Missouri DOR's application for exemption and requested public comment (81 FR 21443). The Agency received three docket comments submitted, which were all filed in support of the Missouri DOR request. The American Association of Motor Vehicle Administrators (AAMVA) commented that on July 8, 2014, FMCSA had granted an extension to all SDLAs to extend the allowable timeframe for a military skills test waiver for up to one year. AAMVA applauded FMCSA for granting that exemption and proposing to make it a permanent regulatory change in the Agency's aforementioned NPRM. According to AAMVA, as that NPRM may not become final before the current exemption's [VA DMV] July 8, 2016 expiration, they requested FMCSA extend this important exemption for the maximum extent allowable. The Oregon Department of Motor Vehicles (OR DMV) commented that they are fully supportive of Missouri's request for exemption from Sec. 383.77(b)(1). Another individual commented that he was in favor of any exemption that benefits both the transportation industry and the veterans. FMCSA Response and Decision The FMCSA has evaluated Missouri DOR's application and, following consideration of the comments submitted to the docket, has decided to grant the exemption from 49 CFR 383.77(b)(1). FMCSA does not believe that the veterans' driving skills would decrease during the additional 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: June 16, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-15287 Filed 6-28-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42391
Amendment to the Constitution of the space makes it not feasible for the DEPARTMENT OF TRANSPORTATION
United States, other applicable treaties Department to make photocopies of
and laws, and implementing regulations primary citizenship evidence without Federal Motor Carrier Safety
at 22 CFR parts 50 and 51. The specific significantly affecting agency operations Administration
regulations pertaining to the and passport processing times. The [Docket No. FMCSA–2016–0118]
Application for a U.S. Passport are at 22 Department determined that adding the
CFR 51.20 through 51.28. requirement for a photocopy of the Commercial Driver’s License
Methodology: The information applicant’s evidence of U.S. citizenship Standards: Missouri Department of
collected on the DS–11 is used to Revenue (DOR); Application for
is the only feasible way to create a
facilitate the issuance of passports to Exemption
complete record of the documentation
U.S. citizens and nationals. The primary
purpose of soliciting the information is submitted with applications. The AGENCY: Federal Motor Carrier Safety
to establish citizenship, identity, and Department also believes that retaining Administration (FMCSA), DOT.
entitlement to the issuance of the U.S. copies of applicant’s evidence of U.S. ACTION: Notice of final disposition; grant
passport or related service, and to citizenship will help the Department of application for exemption.
properly administer and enforce the develop and deliver online passport
laws pertaining to the issuance thereof. applicant services. Applicants currently SUMMARY: FMCSA announces its
Passport Services collects information submit a photocopy of their photo decision to grant the Missouri DOR and
from U.S. citizens and non-citizen identification. all other State driver licensing agencies
nationals when they complete and The Privacy Act statement has been (SDLAs) a limited exemption from the
submit the Application for a U.S. Agency’s commercial driver’s license
amended to clarify that an applicant’s
Passport. Passport applicants can either (CDL) regulations. These regulations
failure to provide his or her Social
download the DS–11 from the internet allow a State to waive the CDL skills test
Security number may result in the
or obtain one from an Acceptance for applicants regularly employed or
denial of an application, consistent with previously employed within the last 90
Facility/Passport Agency. The form
must be completed and executed at an 22 U.S.C 2714a(f) which authorizes the days in a military position requiring
acceptance facility or passport agency, Department to deny U.S. passport operation of a commercial motor vehicle
and submitted with evidence of applications when the applicant failed (CMV). The exemption extends the 90-
citizenship and identity. to include his or her Social Security day timeline to one year following the
Additional Information: The proposed number. These requirements and the driver’s separation from military
renewal of the DS–11 includes an underlying legal authorities are further service. The Missouri DOR believed that
advisory on the instruction that lawful described on page 3 of the instruction the 90-day timeframe is too short to take
permanent resident cards (green cards) titled ‘‘Federal Tax Law’’ which has also advantage of the waiver for many of the
that are submitted with Form DS–11 been amended to include a reference to qualified discharged veterans entering
will be forwarded to U.S. Citizen and 22 U.S.C 2714a(f). and settling into civilian life. A similar
Immigration Services if the applicant is exemption was granted to the
Additionally, the proposed renewal of
found to be a U.S. citizen. This advisory Commonwealth of Virginia, Department
form DS–11 also includes updated
is consistent with an arrangement of Motor Vehicles (VA DMV) and all
between the Department of State and the instruction regarding the eyeglass policy
change, prohibiting applicants from SDLAs on July 8, 2014, effective through
Department of Homeland Security, as July 8, 2016. FMCSA has analyzed the
green cards are property of the wearing eyeglasses in passport
Missouri DOR exemption application
Department of Homeland Security. photographs, unless the applicant
and the public comments and has
The proposed renewal of Form DS–11 presents a signed statement from a determined that the exemption will
also includes new instruction to doctor demonstrating that the glasses achieve a level of safety that is
applicants requiring submission of a must be worn due to medical reasons. equivalent to, or greater than, the level
photocopy of the applicant’s evidence of The form also states that passport that would be achieved absent such
U.S. citizenship, in addition to the photos may include hats or head exemption.
official or certified copy that is currently coverings only when they are worn
required. The official or certified copy continuously as part of recognized, DATES: This exemption is effective July
will continue to be used to determine 8, 2016 through July 8, 2018.
traditional religious attire, or when the
whether the applicant has a valid claim hat or head covering is worn for medical FOR FURTHER INFORMATION CONTACT: Mr.
to U.S. citizenship. The photocopy will purposes as stated by a doctor in a Richard Clemente, FMCSA Driver and
be retained by the Department so that signed statement. Carrier Operations Division; Office of
the Department has a complete and Carrier, Driver and Vehicle Safety
accurate record of what the applicant Dated: June 23, 2016. Standards; Telephone: 202–366–4325.
submitted with his or her U.S. passport Brenda S. Sprague, Email: MCPSD@dot.gov.
application. Currently, evidence of U.S. Deputy Assistant Secretary for Passport SUPPLEMENTARY INFORMATION:
citizenship is only annotated on the Services, Bureau of Consular Affairs,
application, and a certified copy is Department of State. Legal Basis
generally not retained. The Department [FR Doc. 2016–15400 Filed 6–28–16; 8:45 am] FMCSA has authority under 49 U.S.C.
considered different alternatives to BILLING CODE 4710–13–P 31136(e) and 31315 to grant exemptions
having the applicant submit a from the Federal Motor Carrier Safety
mstockstill on DSK3G9T082PROD with NOTICES
photocopy in addition to the official or Regulations. FMCSA must publish a
certified copy; however, none of these notice of each exemption request in the
alternatives were logistically feasible or Federal Register (49 CFR 381.315(a)).
cost effective. Based on a resource The Agency must provide the public an
analysis study, the additional costs for opportunity to inspect the information
labor, equipment, supplies, facility relevant to the application, including
modifications and obtaining additional any safety analyses that have been
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![42392 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices
conducted. The Agency must also of Motor Vehicles (Virginia DMV) and FMCSA Response and Decision
provide an opportunity for public all SDLAs on July 8, 2014 (79 FR
comment on the request. The FMCSA has evaluated Missouri
38645). This exemption is in effect
The Agency reviews the safety DOR’s application and, following
through July 8, 2016.
analyses and the public comments, and consideration of the comments
On March 16, 2016, FMCSA submitted to the docket, has decided to
determines whether granting the
published a notice of proposed grant the exemption from 49 CFR
exemption would likely achieve a level
rulemaking (NPRM) and request for 383.77(b)(1). FMCSA does not believe
of safety equivalent to, or greater than,
the level that would be achieved by the comments entitled ‘‘Commercial that the veterans’ driving skills would
current regulation (49 CFR 381.305). Driver’s License Requirements of the decrease during the additional months
The decision of the Agency must be Moving Ahead for Progress in the 21st in which this exemption allows them to
published in the Federal Register (49 Century Act and the Military apply for a waiver of the CDL skills test.
CFR 381.315(b)) with the reason for the Commercial Driver’s License Act of This exemption only extends the period
grant or denial, and, if granted, the 2012’’ (81 FR 14052). This proposed during which application for the skills
specific person or class of persons rulemaking would extend the time test waiver may be made, and does not
receiving the exemption, and the period for applying for a skills test revise any other provisions of the
regulatory provision or provisions from waiver from 90 days to one year after regulations. FMCSA determined that the
which exemption is granted. The notice leaving a military position requiring the exemption would maintain a level of
must also specify the effective period operation of a CMV for all States. The safety equivalent to, or greater than, the
and explain the terms and conditions of comment period on this notice closed level achieved without the exemption
the exemption. The exemption may be on May 16, 2016. This proposed (49 CFR 381.305(a)).
renewed (49 CFR 381.300(b)). rulemaking will not be finalized by July Issued on: June 16, 2016.
8, 2016, which is the VA DMV T.F. Scott Darling, III,
Request for Exemption exemption expiration date. Therefore,
Acting Administrator.
The Missouri DOR requested an this Missouri DOR exemption for all
exemption from 49 CFR 383.77(b)(1), [FR Doc. 2016–15287 Filed 6–28–16; 8:45 am]
SDLAs is needed to cover the time
which allows States to waive the skills between expiration of the Virginia BILLING CODE 4910–EX–P
test described in § 383.113 for exemption and any rulemaking that
applicants regularly employed or would make the exemption(s) moot.
previously employed within the last 90 DEPARTMENT OF TRANSPORTATION
A copy of the Missouri DOR’s
days in a military position requiring
application for exemption is available Federal Railroad Administration
operation of a CMV. The Missouri DOR
for review in the docket for this notice.
proposed that it be allowed to extend Environmental Impact Statement for
the 90-day timeline to one year Public Comments the California High Speed Rail System
following the driver’s separation from San Francisco to San Jose Section, CA
military service. On April 11, 2016, FMCSA published
The Missouri DOR contended that the notice of the Missouri DOR’s AGENCY: Federal Railroad
90-day timeframe is too short for many application for exemption and requested Administration (FRA), Department of
of the qualified veterans to utilize while public comment (81 FR 21443). The Transportation (DOT).
reentering civilian life. They stated that Agency received three docket comments
the Department has utilized the military submitted, which were all filed in ACTION: Extension of comment period
waiver program for years and one of the support of the Missouri DOR request. for the Notice of Intent (NOI) to prepare
most common reasons the applicant is an Environmental Impact Statement
The American Association of Motor (EIS).
not eligible is because the application is Vehicle Administrators (AAMVA)
beyond the 90-day timeframe. commented that on July 8, 2014, SUMMARY: On May 9, 2016, FRA
Furthermore, the industry need for new FMCSA had granted an extension to all published a NOI announcing its intent
drivers is continually growing each year SDLAs to extend the allowable to jointly prepare an Environmental
and providing additional flexibility in timeframe for a military skills test Impact Report (EIR) and Environmental
§ 383.77(b)(1) will help offset that need waiver for up to one year. AAMVA Impact Statement (EIS) with the
by transitioning fully-trained military applauded FMCSA for granting that California High-Speed Rail Authority
veterans into civilian employment. They exemption and proposing to make it a (Authority) for the San Francisco to San
further stated that it is their goal to permanent regulatory change in the Jose Section of the California High-
assure highway safety by licensing
Agency’s aforementioned NPRM. Speed Rail (HSR) System, Blended
qualified veterans seeking employment
According to AAMVA, as that NPRM System Project (Blended System Project
following discharge. A more accessible
may not become final before the current or Project) and requesting public
waiver period would assist in meeting
exemption’s [VA DMV] July 8, 2016 comments. Through this notice, FRA is
this goal and provide an opportunity to
expiration, they requested FMCSA extending the comment period and
veterans.
FMCSA has previously determined extend this important exemption for the inviting the public and all interested
that extending the 90-day skills test maximum extent allowable. parties to provide comments on the
waiver period to one year following the The Oregon Department of Motor scope of the EIR/EIS, including the
driver’s separation from military service Vehicles (OR DMV) commented that proposed purpose and need, the
mstockstill on DSK3G9T082PROD with NOTICES
would maintain a level of safety they are fully supportive of Missouri’s alternatives to consider, potential
equivalent to, or greater than, the level request for exemption from environmental impacts of concern, and
achieved without the exemption (49 § 383.77(b)(1). Another individual methodologies for analysis of impacts.
CFR 381.305(a)). An exemption commented that he was in favor of any DATES: FRA must receive written
extending the 90-day skills test waiver exemption that benefits both the comments by July 20, 2016. FRA may
period to one year was granted to the transportation industry and the consider comments received after that
Commonwealth of Virginia, Department veterans. date if it is practicable.
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Document Created: 2018-02-08 07:42:48
Document Modified: 2018-02-08 07:42:48
| 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 July 8, 2016 through July 8, 2018. | |
| 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] | |
| FR Citation | 81 FR 42391 |
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