81 FR 50592 - Commercial Driver's License (CDL) Testing; Application for Exemption: State of Minnesota
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 147 (August 1, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50592-50593 | |
| FR Document | 2016-18131 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Notices] [Pages 50592-50593] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18131] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0180] Commercial Driver's License (CDL) Testing; Application for Exemption: State of Minnesota AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that the State of Minnesota has applied for an exemption from regulations governing commercial driver's license (CDL) skills testing procedures and practices. Minnesota believes it can deliver CDL skills testing more efficiently in an alternative manner. It asserts that its method of delivering skills testing will maintain the testing standards enumerated by the regulations. FMCSA requests public comments on the request for exemption. DATES: Comments must be received on or before August 31, 2016. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA-2016-0180 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1-202-493-2251. 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. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ``SEARCH for'' enter FMCSA-2016-0180 and click on the tab labeled ``SEARCH.'' 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. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ``help'' section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325; Email: [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. 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 (FMCSRs) (49 CFR part 350 et seq.). 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 50593]] 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 of the exemption (up to 5 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Background The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was designed to improve highway safety by ensuring that truck and bus drivers are qualified to drive a commercial motor vehicle (CMV). It provided for removal of the driving privileges of unsafe or unqualified drivers. States issue commercial driver's licenses (CDLs) to CMV operators, but the CMVSA directed the Federal government to establish minimum requirements for the issuance of a CDL. Subpart H of 49 CFR part 383 contains the principal requirements governing State testing of applicants for a CDL. Testing must be conducted in such a way as to determine if the applicant possesses the required knowledge and skills (Sec. 383.133(a)). Request for Exemption Minnesota seeks a partial exemption from Sec. 383.133, ``Test Methods.'' Pursuant to that section, the CDL skills test must be conducted in three parts in the following order: pre-trip inspection, vehicle control skills, and on-road driving (Sec. 383.133(c)(6)). Minnesota asks that it be allowed to combine the second and third parts (vehicle control skills and on-road driving) and thus reduce the skills test to two parts. It also asks to be exempted from using the American Association of Motor Vehicle Administrators (AAMVA) 2005 Test Model Score Sheet. Finally, it asks to be exempted from the requirement that applicants must pass the pre-trip inspection portion of the exam before proceeding to the balance of the test. Minnesota states that under its proposed approach, it can more efficiently manage the limited space of its test sites and conduct more CDL tests each day. It states that denial of its application for exemption will result in a less-rigorous CDL test and negatively affect motor carriers and drivers. A copy of Minnesota's application for exemption is in the docket listed at the beginning of this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Minnesota's application for exemption. The Agency will consider all comments received by close of business on August 31, 2016. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Issued on: July 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-18131 Filed 7-29-16; 8:45 am] BILLING CODE 4910-EX-P
![50592 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices
conciliated settlement agreements. The Antiterrorism Act of 1986), as amended; between 9 a.m. and 5 p.m. E.T., Monday
public meeting will take place on Public Law 107–56 (USA PATRIOT through Friday, except Federal holidays.
Wednesday, August 24, 2016 from 10:00 Act); and Executive Order 13356. The Instructions: All submissions must
a.m. until 1:00 p.m. EDT. This is not a purpose of the collection is to validate include the Agency name and docket
meeting of the full Advisory Committee. the identity of individuals who enter number. For detailed instructions on
In 2014, the United States proposed Department facilities. The data will be submitting comments and additional
that UNCITRAL develop a convention entered into the Visitor Access Control information on the exemption process,
on the enforcement of conciliated System (VACS–D) database. Please see see the Public Participation heading
settlement agreements that resolve the Security Records System of Records below. Note that all comments received
international commercial disputes. See Notice (State-36) at https:// will be posted without change to
A/CN.9/822, available at http:// foia.state.gov/_docs/SORN/State-36.pdf www.regulations.gov, including any
www.uncitral.org/uncitral/commission/ for additional information. personal information provided. Please
sessions/47th.html. In 2015, UNCITRAL see the Privacy Act heading below.
Dated: July 20, 2016.
decided that its Working Group II Docket: For access to the docket to
should begin work on the topic. The Timothy R. Schnabel,
read background documents or
Working Group discussed the topic at Attorney-Adviser, Office of Private
International Law, Office of Legal Adviser,
comments received, go to
its September 2015 and February 2016 www.regulations.gov at any time and in
Department of State.
sessions, and will do so again at its the box labeled ‘‘SEARCH for’’ enter
September 2016 session. Documents for [FR Doc. 2016–18125 Filed 7–29–16; 8:45 am]
FMCSA–2016–0180 and click on the tab
Working Group II are available at http:// BILLING CODE 4710–08–P
labeled ‘‘SEARCH.’’
www.uncitral.org/uncitral/en/ Privacy Act: In accordance with 5
commission/working_groups/ U.S.C. 553(c), DOT solicits comments
2Arbitration.html. DEPARTMENT OF TRANSPORTATION from the public to better inform its
The purpose of the public meeting is rulemaking process. DOT posts these
to obtain the views of concerned Federal Motor Carrier Safety
comments, without edit, including any
stakeholders on the instrument being Administration
personal information the commenter
developed by UNCITRAL. Those who [Docket No. FMCSA–2016–0180] provides, to www.regulations.gov, as
cannot attend but wish to comment are described in the system of records
welcome to do so by email to Tim Commercial Driver’s License (CDL) notice (DOT/ALL–14 FDMS), which can
Schnabel at SchnabelTR@state.gov. Testing; Application for Exemption: be reviewed at www.dot.gov/privacy.
Time and Place: The meeting will State of Minnesota Public Participation: The Federal
take place from 10:00 a.m. until 1:00 eRulemaking Portal is available 24
p.m. at 2430 E Street NW (South AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. hours each day, 365 days each year. You
Building, SA–4A), Room 240,
ACTION: Notice of application for
can get electronic submission and
Washington, DC. Participants should
exemption; request for comments. retrieval help and guidelines under the
arrive at the Navy Hill/Potomac Annex
‘‘help’’ section of the Federal
gate at 23rd and D Streets NW before
SUMMARY: FMCSA announces that the eRulemaking Portal Web site. If you
9:40 a.m. for visitor screening, and will
State of Minnesota has applied for an want us to notify you that we received
be escorted to the South Building. If you
exemption from regulations governing your comments, please include a self-
are unable to attend the public meeting
commercial driver’s license (CDL) skills addressed, stamped envelope or
and would like to participate from a
testing procedures and practices. postcard, or print the acknowledgement
remote location, teleconferencing will
be available. Minnesota believes it can deliver CDL page that appears after submitting
Public Participation: This meeting is skills testing more efficiently in an comments online.
open to the public, subject to the alternative manner. It asserts that its FOR FURTHER INFORMATION CONTACT: For
capacity of the meeting room. Access to method of delivering skills testing will information concerning this notice,
the building is strictly controlled. For maintain the testing standards contact Mr. Thomas L. Yager, Chief,
pre-clearance purposes, those planning enumerated by the regulations. FMCSA FMCSA Driver and Carrier Operations
to attend should email pil@state.gov requests public comments on the Division; Office of Carrier, Driver and
providing full name, address, date of request for exemption. Vehicle Safety Standards; Telephone:
birth, citizenship, driver’s license or DATES: Comments must be received on 202–366–4325; Email: MCPSD@dot.gov.
passport number, and email address. or before August 31, 2016. If you have questions on viewing or
This information will greatly facilitate ADDRESSES: You may submit comments submitting material to the docket,
entry into the building. A member of the identified by Federal Docket contact Docket Services, telephone (202)
public needing reasonable Management System Number FMCSA– 366–9826.
accommodation should email pil@ 2016–0180 by any of the following SUPPLEMENTARY INFORMATION:
state.gov not later than August 17, 2016. methods:
Legal Basis
Requests made after that date will be • Federal eRulemaking Portal:
considered, but might not be able to be www.regulations.gov. Follow the online FMCSA has authority under 49 U.S.C.
fulfilled. If you would like to participate instructions for submitting comments. 31136(e) and 31315 to grant exemptions
by telephone, please email pil@state.gov • Fax: 1–202–493–2251. from the Federal Motor Carrier Safety
• Mail: Docket Management Facility, Regulations (FMCSRs) (49 CFR part 350
sradovich on DSK3GMQ082PROD with NOTICES
to obtain the call-in number and other
information. We ask that each person U.S. Department of Transportation, 1200 et seq.). FMCSA must publish a notice
who intends to participate by telephone New Jersey Avenue SE., West Building, of each exemption request in the
notify us directly so that we may ensure Ground Floor, Room W12–140, Federal Register (49 CFR 381.315(a)).
that we have adequate dial-in capacity. Washington, DC 20590–0001. The Agency must provide the public an
Data from the public is requested • Hand Delivery or Courier: West opportunity to inspect the information
pursuant to Public Law 99–399 Building, Ground Floor, Room W12– relevant to the application, including
(Omnibus Diplomatic Security and 140, 1200 New Jersey Avenue SE., any safety analyses that have been
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![Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices 50593
conducted. The Agency must also its test sites and conduct more CDL tests SUPPLEMENTARY INFORMATION:
provide an opportunity for public each day. It states that denial of its
I. Electronic Access
comment on the request. application for exemption will result in
The Agency reviews the safety a less-rigorous CDL test and negatively You may see all the comments online
analyses and the public comments, and affect motor carriers and drivers. A copy through the Federal Document
determines whether granting the of Minnesota’s application for Management System (FDMS) at: http://
exemption would likely achieve a level exemption is in the docket listed at the www.regulations.gov.
of safety equivalent to, or greater than, beginning of this notice. Docket: For access to the docket to
the level that would be achieved by the read background documents or
current regulation (49 CFR 381.305). Request for Comments comments, go to http://
The decision of the Agency must be In accordance with 49 U.S.C. www.regulations.gov and/or Room
published in the Federal Register (49 31315(b)(4) and 31136(e), FMCSA W12–140 on the ground level of the
CFR 381.315(b)) with the reason for the requests public comment on West Building, 1200 New Jersey Avenue
grant or denial, and, if granted, the Minnesota’s application for exemption. SE., Washington, DC, between 9 a.m.
specific person or class of persons The Agency will consider all comments and 5 p.m., e.t., Monday through Friday,
receiving the exemption, and the received by close of business on August except Federal holidays.
regulatory provision or provisions from 31, 2016. Privacy Act: In accordance with 5
which exemption is granted. The notice Comments will be available for U.S.C. 553(c), DOT solicits comments
must also specify the effective period of examination in the docket at the from the public to better inform its
the exemption (up to 5 years), and location listed under the ADDRESSES rulemaking process. DOT posts these
explain the terms and conditions of the section of this notice. comments, without edit, including any
exemption. The exemption may be Issued on: July 22, 2016.
personal information the commenter
renewed (49 CFR 381.300(b)). provides, to www.regulations.gov, as
Larry W. Minor,
described in the system of records
Background Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can
The Commercial Motor Vehicle Safety [FR Doc. 2016–18131 Filed 7–29–16; 8:45 am] be reviewed at www.dot.gov/privacy.
Act of 1986 (CMVSA) was designed to BILLING CODE 4910–EX–P
improve highway safety by ensuring II. Background
that truck and bus drivers are qualified Under 49 U.S.C. 31136(e) and 31315,
to drive a commercial motor vehicle DEPARTMENT OF TRANSPORTATION FMCSA may grant an exemption for up
(CMV). It provided for removal of the to 2 years if it finds ‘‘such exemption
driving privileges of unsafe or Federal Motor Carrier Safety would likely achieve a level of safety
unqualified drivers. States issue Administration that is equivalent to or greater than the
commercial driver’s licenses (CDLs) to [Docket No. FMCSA–2013–0121; FMCSA– level that would be achieved absent
CMV operators, but the CMVSA 2013–0123; FMCSA–2013–0124; FMCSA– such exemption.’’ The statute also
directed the Federal government to 2013–0125; FMCSA–2014–0102; FMCSA– allows the Agency to renew exemptions
establish minimum requirements for the 2014–0104] at the end of the 2-year period. The
issuance of a CDL. physical qualification standard for
Subpart H of 49 CFR part 383 contains Qualification of Drivers; Exemption drivers regarding hearing found in 49
the principal requirements governing Applications; Hearing CFR 391.41(b)(11) states that a person is
State testing of applicants for a CDL. AGENCY: Federal Motor Carrier Safety physically qualified to driver a CMV if
Testing must be conducted in such a Administration (FMCSA), DOT. that person:
way as to determine if the applicant First perceives a forced whispered voice in
ACTION: Notice of renewal of
possesses the required knowledge and the better ear at not less than 5 feet with or
skills (§ 383.133(a)). exemptions; request for comments.
without the use of a hearing aid or, if tested
Request for Exemption SUMMARY: FMCSA announces its by use of an audiometric device, does not
decision to renew the exemptions for 20 have an average hearing loss in the better ear
Minnesota seeks a partial exemption greater than 40 decibels at 500 Hz, 1,000 Hz,
individuals from the hearing
from § 383.133, ‘‘Test Methods.’’ and 2,000 Hz with or without a hearing aid
requirement in the Federal Motor
Pursuant to that section, the CDL skills when the audiometric device is calibrated to
Carrier Safety Regulations (FMCSRs) for American National Standard (formerly ASA
test must be conducted in three parts in
interstate commercial motor vehicle Standard) Z24.5—1951.
the following order: pre-trip inspection,
(CMV) drivers. The exemptions enable
vehicle control skills, and on-road 49 CFR 391.41(b)(11) was adopted in
these individuals to operate CMVs in
driving (§ 383.133(c)(6)). Minnesota asks 1970, with a revision in 1971 to allow
interstate commerce.
that it be allowed to combine the second drivers to be qualified under this
and third parts (vehicle control skills DATES: This decision was effective
standard while wearing a hearing aid,
and on-road driving) and thus reduce March 4, 2016. Comments must be 35 FR 6458, 6463 (April 22, 1970) and
the skills test to two parts. It also asks received on or before August 31, 2016. 36 FR 12857 (July 3, 1971).
to be exempted from using the FOR FURTHER INFORMATION CONTACT: The 20 individuals listed in this
American Association of Motor Vehicle Christine A. Hydock, Chief, Medical notice have requested renewal of their
Administrators (AAMVA) 2005 Test Programs Division, Medical Programs exemptions from the hearing standard
Division, 202–366–4001,
sradovich on DSK3GMQ082PROD with NOTICES
Model Score Sheet. Finally, it asks to be in 49 CFR 391.41(b)(11), in accordance
exempted from the requirement that fmcsamedical@dot.gov, FMCSA, with FMCSA procedures.
applicants must pass the pre-trip Department of Transportation, 1200
inspection portion of the exam before New Jersey Avenue SE., Room W64– III. Request for Comments
proceeding to the balance of the test. 224, Washington, DC 20590–0001. Interested parties or organizations
Minnesota states that under its Office hours are from 8:30 a.m. to 5 p.m. possessing information that would
proposed approach, it can more Monday through Friday, except Federal otherwise show that any, or all, of these
efficiently manage the limited space of holidays. drivers are not currently achieving the
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Document Created: 2016-07-30 06:25:52
Document Modified: 2016-07-30 06:25:52
| 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 August 31, 2016. | |
| Contact | For information concerning this notice, contact Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325; 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 50592 |
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