81 FR 44674 - Driver Qualifications: Skill Performance Evaluation; Virginia Department of Motor Vehicles; Exemption Renewal for Virginia Department of Motor Vehicles
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 131 (July 8, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 131 (July 8, 2016)
| Page Range | 44674-44675 | |
| FR Document | 2016-16197 |
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)] [Notices] [Pages 44674-44675] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16197] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2013-0147] Driver Qualifications: Skill Performance Evaluation; Virginia Department of Motor Vehicles; Exemption Renewal for Virginia Department of Motor Vehicles AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew the Virginia Department of Motor Vehicles (DMV) exemption on behalf of truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) certificate from FMCSA to operate commercial motor vehicles (CMV) in interstate commerce. The exemption enables interstate CMV drivers who are licensed in Virginia and are subject to the Federal SPE requirements under 49 CFR 391.49 to continue to fulfill the Federal requirements with a State-issued SPE and to operate CMVs in interstate commerce anywhere in the United States. DATES: This decision is effective July 9, 2016, and will expire July 9, 2018, and may be renewed. Comments must be received on or before August 9, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA-2013-0147 by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. E.D.T., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and docket number for this notice. Please note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the ``Privacy Act'' heading for further information. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to Room W12-140, DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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: Ms. Eileen Nolan, Office of Carrier, Driver and Vehicle Safety, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs) for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute allows the Agency to renew exemptions at the end of the 2-year period. On July 8, 2014, FMCSA granted Virginia a 2-year exemption that enables interstate CMV drivers licensed in Virginia who are subject to the Federal SPE requirements under 49 CFR 391.49 to fulfill the Federal requirements with a State-issued SPE (79 FR 38659). The requirements of the exemption were outlined in this notice and will therefore not be repeated. Virginia has established its own SPE program that is essentially identical to the current FMCSA SPE program to include an application process modeled on the FMCSA process. In addition, State personnel who have completed SPE training identical to that of FMCSA personnel currently administer the SPE program and conduct the skill [[Page 44675]] evaluation according to the same procedures and testing criteria used by FMCSA. If the driver passes the skill evaluation, the State issues the SPE certificate. Virginia maintains records of applications, testing, and certificates issued, which are available, as required, for periodic review by FMCSA. On behalf of CMV drivers licensed in the Commonwealth of Virginia, the State requested renewal of the exemption from 49 CFR 391.49 concerning FMCSA's SPE certificate process for drivers who have experienced an impairment or loss of a limb. II. Basis for Renewing Exemption The Agency's decision regarding this exemption is based on the fact that Virginia's SPE program is essentially identical to the current FMCSA program. Virginia continues to adhere to the application process modeled on the FMCSA process. State personnel who conduct the skill evaluation complete the same training as FMCSA personnel conducting the test and follow the same procedures and testing criteria used by FMCSA. FMCSA has conducted ongoing monitoring and onsite SPE program reviews and Virginia continues to maintain records of applications, testing, and certificates issued for periodic review by FMCSA. At the time Virginia DMV submitted its request for exemption renewal to the Agency, it had issued 13 new and 25 renewal SPE certificates. Based upon FMCSA's analyses of the applications and the program as a whole, FMCSA has determined that no safety vulnerabilities are associated with Virginia's renewal request. The renewal of the exemption is granted. Consequently, FMCSA has concluded that renewing the exemption allows the Virginia SPE program to achieve the level of safety required by 49 U.S.C. 31315. If a Virginia-licensed driver would prefer not to opt for the streamlined SPE process, the driver may still apply for an FMCSA-issued SPE. However, FMCSA may still exercise its discretion and call upon Virginia DMV to provide assistance in conducting the road evaluation needed to complete an SPE application, depending on the volume of applications. III. Terms and Conditions The FMCSA grants the renewal of the exemption to allow the Virginia DMV to conduct SPE's on drivers who have experienced an impairment or loss of a limb and are licensed in the Commonwealth of Virginia. The following terms and conditions apply to the State and any drivers who receive a State-issued SPE certificate: Virginia must establish and maintain its own SPE program that is essentially identical to the current FMCSA program. The State must maintain an application process modeled on the FMCSA process and submit information concerning the application process to FMCSA's Medical Programs Division for review, as required. State personnel who conduct the skill test must complete SPE training identical to that of FMCSA personnel currently administering the Federal SPE program. The skill evaluation and scoring for the SPE must be done using the same procedures and testing criteria used by FMCSA. Virginia must maintain records of applications, testing, and certificates issued for periodic review by FMCSA. Virginia must submit a monthly report to FMCSA listing the names and license number of each driver tested by the State and the result of the test (pass or fail). Each driver who receives a State-issued SPE must carry a copy of the certificate when driving for presentation to authorized Federal, State, or local law enforcement officials. IV. Preemption of State Laws and Regulations An exemption granted under the authority of 49 U.S.C. 31315(b) preempts State laws and regulations that conflict with or are inconsistent with the exemption. The decision to grant Virginia's request amounts to automatic Federal ratification of the State issued SPE certificate and therefore prohibits other jurisdictions from requiring a separate FMCSA-issued SPE. The State-issued certificate must be treated as if it had been issued by FMCSA. Virginia-licensed drivers who receive the State-issued SPE are allowed to operate CMVs in interstate commerce anywhere in the United States. V. Request for Comments Interested parties possessing information that would otherwise show that granting this exemption is not achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence summited, and if safety is being compromised or if continuation of exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoked the Virginia DMV exemption. VI. Conclusion The Agency does not intend its decision to pressure other States to take action to implement State-run SPE programs. Virginia is the first State to submit an application on behalf of its drivers to provide an alternative to the Federal SPE process. Other States are welcome to make similar applications if they believe it is appropriate to do so and they have the resources to meet terms and conditions comparable to those provided in this exemption. Issued on: June 29, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-16197 Filed 7-7-16; 8:45 am] BILLING CODE 4910-EX-P
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center and 262,000 square feet of related DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to
ancillary development. read background documents or
Federal Motor Carrier Safety comments received, go to http://
The FHWA along with WSCC are
Administration www.regulations.gov or to Room W12–
holding a public scoping meeting on
July 20, 2016, from 5:30 p.m. to 7 p.m. 140, DOT Building, New Jersey Avenue
[Docket No. FMCSA–2013–0147]
SE., Washington, DC, between 9 a.m.
at the Washington State Convention
Driver Qualifications: Skill and 5 p.m., Monday through Friday,
Center, 800 Convention Place, Room
Performance Evaluation; Virginia except Federal holidays. The FDMS is
206, Seattle, WA to solicit public available 24 hours each day, 365 days
comments regarding the scope of issues Department of Motor Vehicles;
Exemption Renewal for Virginia each year. If you want
to be addressed in the NEPA EIS. The acknowledgement that we received your
public will be notified by a flyer that Department of Motor Vehicles
comments, please include a self-
will be mailed to interested agencies, AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
organizations, and individuals affected Administration (FMCSA), DOT. postcard or print the acknowledgement
by the project, as well as published in ACTION: Notice of renewal of exemption; page that appears after submitting
The Seattle Times and the Daily Journal request for comments. comments on-line.
of Commerce. In addition, notice of the Privacy Act: In accordance with 5
EIS Scoping meeting will be posted at SUMMARY: FMCSA announces its U.S.C. 553(c), DOT solicits comments
locations on the project site. The decision to renew the Virginia from the public to better inform its
meeting will include a brief Department of Motor Vehicles (DMV) rulemaking process. DOT posts these
presentation followed by public exemption on behalf of truck and bus comments, without edit, including any
comments. drivers who are licensed in the personal information the commenter
Commonwealth of Virginia and need a provides, to www.regulations.gov, as
Agencies, Tribes, and the public are Skill Performance Evaluation (SPE) described in the system of records
encouraged to submit comments on the certificate from FMCSA to operate notice (DOT/ALL–14 FDMS) which can
purpose and need and preliminary commercial motor vehicles (CMV) in be reviewed at www.dot.gov/privacy.
range of alternatives during the scoping interstate commerce. The exemption FOR FURTHER INFORMATION CONTACT: Ms.
period. Comments must be received by enables interstate CMV drivers who are
July 26, 2016, to be included in the Eileen Nolan, Office of Carrier, Driver
licensed in Virginia and are subject to and Vehicle Safety, Medical Programs
formal scoping record. To ensure that the Federal SPE requirements under 49 Division, (202) 366–4001,
the full range of issues related to this CFR 391.49 to continue to fulfill the fmcsamedical@dot.gov, FMCSA, 1200
proposed action is addressed, and all Federal requirements with a State- New Jersey Avenue SE., Washington,
the significant issues identified, issued SPE and to operate CMVs in DC 20590–0001. Office hours are 8:30
comments and suggestions are invited interstate commerce anywhere in the a.m. to 5 p.m., Monday through Friday,
from interested parties during the United States. except Federal holidays.
scoping period. Comments concerning DATES: This decision is effective July 9, SUPPLEMENTARY INFORMATION:
this proposal will be accepted at the 2016, and will expire July 9, 2018, and
public meeting or can be sent by mail may be renewed. Comments must be I. Background
to: Lindsey Handel, Urban Area received on or before August 9, 2016. Under 49 U.S.C. 31136(e) and 31315,
Engineer, Federal Highway ADDRESSES: You may submit comments FMCSA may grant an exemption from
Administration, 711 South Capitol Way, bearing the Federal Docket Management certain parts of the Federal Motor
Suite 501, Olympia, WA 98501; System (FDMS) number FMCSA–2013– Carrier Safety Regulations (FMCSRs) for
telephone: (360) 753–9550; email: 0147 by any of the following methods: a 2-year period if it finds ‘‘such
Lindsey.Handel@dot.gov. • Federal eRulemaking Portal: Go to exemption would likely achieve a level
(Catalog of Federal Domestic Assistance http://www.regulations.gov. Follow the of safety that is equivalent to or greater
Program Number 20.205, Highway Planning on-line instructions for submitting than the level that would be achieved
and Construction. The regulations comments. absent such exemption.’’ The statute
implementing Executive Order 12372 • Mail: Docket Management Facility, allows the Agency to renew exemptions
regarding intergovernmental consultation on U.S. Department of Transportation, at the end of the 2-year period.
Federal programs and activities apply to this Room W12–140, 1200 New Jersey On July 8, 2014, FMCSA granted
program.) Avenue SE., Washington, DC 20590– Virginia a 2-year exemption that enables
0001. interstate CMV drivers licensed in
Daniel Mathis, • Hand Delivery: Ground Floor, Room Virginia who are subject to the Federal
Division Administrator, Washington Division, W12–140, DOT Building, 1200 New SPE requirements under 49 CFR 391.49
Federal Highway Administration. Jersey Avenue SE., Washington, DC, to fulfill the Federal requirements with
[FR Doc. 2016–16204 Filed 7–7–16; 8:45 am] between 9 a.m. and 5 p.m. E.D.T., a State-issued SPE (79 FR 38659). The
BILLING CODE 4910–22–P Monday through Friday, except Federal requirements of the exemption were
holidays. outlined in this notice and will
• Fax: 1–202–493–2251. therefore not be repeated. Virginia has
Instructions: Each submission must established its own SPE program that is
asabaliauskas on DSK3SPTVN1PROD with NOTICES
include the Agency name and docket essentially identical to the current
number for this notice. Please note that FMCSA SPE program to include an
all comments received will be posted application process modeled on the
without change to http:// FMCSA process. In addition, State
www.regulations.gov, including any personnel who have completed SPE
personal information provided. Please training identical to that of FMCSA
see the ‘‘Privacy Act’’ heading for personnel currently administer the SPE
further information. program and conduct the skill
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![Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices 44675
evaluation according to the same the State and any drivers who receive a VI. Conclusion
procedures and testing criteria used by State-issued SPE certificate: The Agency does not intend its
FMCSA. If the driver passes the skill • Virginia must establish and decision to pressure other States to take
evaluation, the State issues the SPE maintain its own SPE program that is action to implement State-run SPE
certificate. Virginia maintains records of essentially identical to the current programs. Virginia is the first State to
applications, testing, and certificates FMCSA program. submit an application on behalf of its
issued, which are available, as required, • The State must maintain an drivers to provide an alternative to the
for periodic review by FMCSA. On application process modeled on the Federal SPE process. Other States are
behalf of CMV drivers licensed in the FMCSA process and submit information welcome to make similar applications if
Commonwealth of Virginia, the State concerning the application process to they believe it is appropriate to do so
requested renewal of the exemption FMCSA’s Medical Programs Division for and they have the resources to meet
from 49 CFR 391.49 concerning review, as required. terms and conditions comparable to
FMCSA’s SPE certificate process for • State personnel who conduct the those provided in this exemption.
drivers who have experienced an skill test must complete SPE training
impairment or loss of a limb. Issued on: June 29, 2016.
identical to that of FMCSA personnel
T.F. Scott Darling, III,
II. Basis for Renewing Exemption currently administering the Federal SPE
program. Acting Administrator.
The Agency’s decision regarding this • The skill evaluation and scoring for [FR Doc. 2016–16197 Filed 7–7–16; 8:45 am]
exemption is based on the fact that the SPE must be done using the same BILLING CODE 4910–EX–P
Virginia’s SPE program is essentially procedures and testing criteria used by
identical to the current FMCSA FMCSA.
program. Virginia continues to adhere to • Virginia must maintain records of DEPARTMENT OF TRANSPORTATION
the application process modeled on the applications, testing, and certificates
FMCSA process. State personnel who Federal Motor Carrier Safety
issued for periodic review by FMCSA. Administration
conduct the skill evaluation complete • Virginia must submit a monthly
the same training as FMCSA personnel report to FMCSA listing the names and [Docket No. FMCSA–2015–0180]
conducting the test and follow the same license number of each driver tested by
procedures and testing criteria used by the State and the result of the test (pass Agency Information Collection
FMCSA. FMCSA has conducted ongoing or fail). Activities; New Information Collection
monitoring and onsite SPE program • Each driver who receives a State- Request: 391.41 CMV Driver
reviews and Virginia continues to issued SPE must carry a copy of the Medication Form
maintain records of applications, certificate when driving for presentation AGENCY: Federal Motor Carrier Safety
testing, and certificates issued for to authorized Federal, State, or local law Administration (FMCSA), DOT.
periodic review by FMCSA. At the time enforcement officials. ACTION: Notice and request for
Virginia DMV submitted its request for
IV. Preemption of State Laws and comments.
exemption renewal to the Agency, it had
issued 13 new and 25 renewal SPE Regulations SUMMARY: In accordance with the
certificates. Based upon FMCSA’s An exemption granted under the Paperwork Reduction Act of 1995,
analyses of the applications and the authority of 49 U.S.C. 31315(b) FMCSA announces its plan to submit
program as a whole, FMCSA has preempts State laws and regulations that the Information Collection Request (ICR)
determined that no safety vulnerabilities conflict with or are inconsistent with described below to the Office of
are associated with Virginia’s renewal the exemption. The decision to grant Management and Budget (OMB) for its
request. The renewal of the exemption Virginia’s request amounts to automatic review and approval and invites public
is granted. Federal ratification of the State issued comment on the approval of a new
Consequently, FMCSA has concluded SPE certificate and therefore prohibits Information Collection (IC) titled,
that renewing the exemption allows the other jurisdictions from requiring a 391.41 CMV Driver Medication Form.
Virginia SPE program to achieve the separate FMCSA-issued SPE. The State- Comments received in response to this
level of safety required by 49 U.S.C. issued certificate must be treated as if it notice are sent to the OMB Desk Officer
31315. had been issued by FMCSA. Virginia- to address. This IC is voluntary and may
If a Virginia-licensed driver would licensed drivers who receive the State- be utilized by medical examiners (MEs)
prefer not to opt for the streamlined SPE issued SPE are allowed to operate CMVs responsible for issuing Medical
process, the driver may still apply for an in interstate commerce anywhere in the Examiner’s Certificates (MECs) to
FMCSA-issued SPE. However, FMCSA United States. commercial motor vehicle (CMV)
may still exercise its discretion and call drivers. MEs that choose to use this IC
upon Virginia DMV to provide V. Request for Comments will do so in an effort to communicate
assistance in conducting the road Interested parties possessing with treating healthcare professionals
evaluation needed to complete an SPE information that would otherwise show who are responsible for prescribing
application, depending on the volume that granting this exemption is not certain medications, so that the ME fully
of applications. achieving the statutory level of safety understands the reasons the
should immediately notify FMCSA. The medications have been prescribed. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES
III. Terms and Conditions
Agency will evaluate any adverse information obtained by the ME when
The FMCSA grants the renewal of the evidence summited, and if safety is utilizing this IC will assist the ME in
exemption to allow the Virginia DMV to being compromised or if continuation of determining if the driver is medically
conduct SPE’s on drivers who have exemption would not be consistent with certified according to the physical
experienced an impairment or loss of a the goals and objectives of 49 U.S.C. qualifications standards outlined in 49
limb and are licensed in the 31136(e) and 31315, FMCSA will take CFR 391.41 and to ensure that there are
Commonwealth of Virginia. The immediate steps to revoked the Virginia no disqualifying medical conditions or
following terms and conditions apply to DMV exemption. underlying medical conditions and
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Document Created: 2016-07-08 00:17:49
Document Modified: 2016-07-08 00:17:49
| 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 renewal of exemption; request for comments. | |
| Dates | This decision is effective July 9, 2016, and will expire July 9, 2018, and may be renewed. Comments must be received on or before August 9, 2016. | |
| Contact | Ms. Eileen Nolan, Office of Carrier, Driver and Vehicle Safety, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 44674 |
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