81 FR 66730 - Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66730-66730 | |
| FR Document | 2016-23369 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Notices] [Page 66730] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23369] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0489] Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; denial of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has denied an application for exemption from the requirement that third-party commercial driver's license (CDL) testers maintain a bond in an amount determined by the State that employs them. The bond is intended to be sufficient to pay for re-testing drivers in the event that the third party or its examiners is involved in fraudulent activities related to CDL skills testing. The Division of Motor Vehicles, Idaho Transportation Department (ITD) submitted the application for exemption. FMCSA published ITD's application, reviewed the public comments received, and denied the application because available information did not allow the Agency to conclude that the proposed exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained absent the exemption. DATES: FMCSA denied the application for exemption by letter dated August 8, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 614-942-6477. Email: [email protected]. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of 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 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)). ITD Application for Exemption The Idaho Transportation Department (ITD) is responsible for State transportation infrastructure and oversees the disbursement of Federal, State, and grant funding for Idaho transportation programs. The ITD applied for an exemption from the regulations in 49 CFR 383.75(a)(8)(v) that require third party testers to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. The ITD requested the exemption because the regulation creates a financial hardship for testing examiners who must be bonded but conduct only a few tests monthly. ITD said that the State has had no instances of fraud in its third-party testing organizations. Public Comments On March 9, 2016, FMCSA published in the Federal Register notice of the ITD application and requested public comment (81 FR 12443). The Agency received three comments, all of which opposed the exemption. One commenter objected to all exemptions in general. The Commercial Vehicle Training Association stated that exempting Idaho from the bond requirement is unnecessary because the State has the authority to determine what the amount of these bonds should be. Therefore, if Idaho determines that the current bond requirement is too high, it can simply reduce the requisite amount. The Surety and Fidelity Association of America listed various reasons why a surety bond has value to the State and is in the public interest. No commenters supported the ITD exemption request. FMCSA Decision The Agency's decision is based upon the information provided by the applicants, and its review of comments received in response to the Federal Register notice. The Agency concluded that the ITD application failed to demonstrate how by eliminating the requirement for third party testers to initiate and maintain a bond would achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation. The Agency believes the regulation provides the proper balance, protecting the public interest while imposing only minimal costs on small third-party testers. The bond requirement is a business standard that not only provides a higher degree of assurance that the CDL tests performed meet FMCSA and State requirements, but that the tests are also performed by qualified individuals as agents of the State. ITD did not provide any data, studies or research supporting its request, or explain why a reduced bond amount would not achieve the same result as an exemption. Therefore, the Agency cannot determine that ITD's proposed exemption would meet the statutory requirement to maintain the required levels of safety. Accordingly, FMCSA denied ITD's application for exemption by letter dated August 8, 2016. Issued on: September 14, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23369 Filed 9-27-16; 8:45 am] BILLING CODE 4910-EX-P
![66730 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
comment from all interested persons on DATES: FMCSA denied the application said that the State has had no instances
IITR’s application for an exemption for exemption by letter dated August 8, of fraud in its third-party testing
from 49 CFR 393.112. All comments 2016. organizations.
received before the close of business on FOR FURTHER INFORMATION CONTACT: Mr. Public Comments
the comment closing date indicated at Thomas Yager, Chief, FMCSA Driver
the beginning of this notice will be and Carrier Operations Division; Office On March 9, 2016, FMCSA published
considered and will be available for of Carrier, Driver and Vehicle Safety in the Federal Register notice of the ITD
examination in the docket at the Standards, FMCSA; Telephone: 614– application and requested public
location listed under the ADDRESSES 942–6477. Email: MCPSD@dot.gov. comment (81 FR 12443). The Agency
section of this notice. Comments received three comments, all of which
SUPPLEMENTARY INFORMATION:
received after the comment closing date opposed the exemption. One commenter
will be filed in the public docket and Background objected to all exemptions in general.
will be considered to the extent The Commercial Vehicle Training
FMCSA has authority under 49 U.S.C.
practicable. In addition to late Association stated that exempting Idaho
31136(e) and 31315 to grant exemptions
comments, FMCSA will also continue to from the bond requirement is
from certain parts of the Federal Motor
file, in the public docket, relevant unnecessary because the State has the
Carrier Safety Regulations. FMCSA must
information that becomes available after authority to determine what the amount
publish a notice of each exemption
the comment closing date. Interested of these bonds should be. Therefore, if
request in the Federal Register (49 CFR
persons should continue to examine the Idaho determines that the current bond
381.315(a)). The Agency must provide
public docket for new material. requirement is too high, it can simply
the public an opportunity to inspect the
reduce the requisite amount. The Surety
Issued on: September 15, 2016. information relevant to the application,
and Fidelity Association of America
Larry W. Minor, including any safety analyses that have
listed various reasons why a surety
Associate Administrator for Policy. been conducted. The Agency must also
bond has value to the State and is in the
[FR Doc. 2016–23358 Filed 9–27–16; 8:45 am] provide an opportunity for public
public interest.
BILLING CODE 4910–EX–P
comment on the request. No commenters supported the ITD
The Agency reviews safety analyses exemption request.
and public comments submitted, and
DEPARTMENT OF TRANSPORTATION determines whether granting the FMCSA Decision
exemption would likely achieve a level The Agency’s decision is based upon
Federal Motor Carrier Safety of safety equivalent to, or greater than, the information provided by the
Administration the level that would be achieved by the applicants, and its review of comments
current regulation (49 CFR 381.305). received in response to the Federal
[Docket No. FMCSA–2015–0489] The decision of the Agency must be Register notice. The Agency concluded
published in the Federal Register (49 that the ITD application failed to
Commercial Driver’s License CFR 381.315(b)) with the reasons for demonstrate how by eliminating the
Standards: Application for Exemption; denying or granting the application and, requirement for third party testers to
State of Idaho, Idaho Transportation if granted, the name of the person or initiate and maintain a bond would
Department (ITD) class of persons receiving the achieve a level of safety equivalent to,
exemption, and the regulatory provision or greater than, the level that would be
AGENCY: Federal Motor Carrier Safety from which the exemption is granted. achieved by the current regulation. The
Administration (FMCSA), DOT. The notice must also specify the Agency believes the regulation provides
ACTION: Notice of final disposition; effective period and explain the terms the proper balance, protecting the
denial of application for exemption. and conditions of the exemption. The public interest while imposing only
exemption may be renewed (49 CFR minimal costs on small third-party
SUMMARY: FMCSA announces that it has 381.300(b)). testers. The bond requirement is a
denied an application for exemption business standard that not only provides
from the requirement that third-party ITD Application for Exemption
a higher degree of assurance that the
commercial driver’s license (CDL) The Idaho Transportation Department CDL tests performed meet FMCSA and
testers maintain a bond in an amount (ITD) is responsible for State State requirements, but that the tests are
determined by the State that employs transportation infrastructure and also performed by qualified individuals
them. The bond is intended to be oversees the disbursement of Federal, as agents of the State. ITD did not
sufficient to pay for re-testing drivers in State, and grant funding for Idaho provide any data, studies or research
the event that the third party or its transportation programs. supporting its request, or explain why a
examiners is involved in fraudulent The ITD applied for an exemption reduced bond amount would not
activities related to CDL skills testing. from the regulations in 49 CFR achieve the same result as an
The Division of Motor Vehicles, Idaho 383.75(a)(8)(v) that require third party exemption. Therefore, the Agency
Transportation Department (ITD) testers to initiate and maintain a bond cannot determine that ITD’s proposed
submitted the application for in an amount determined by the State to exemption would meet the statutory
exemption. FMCSA published ITD’s be sufficient to pay for re-testing drivers requirement to maintain the required
application, reviewed the public in the event that the third party or one levels of safety. Accordingly, FMCSA
comments received, and denied the or more of its examiners is involved in
mstockstill on DSK3G9T082PROD with NOTICES
denied ITD’s application for exemption
application because available fraudulent activities related to by letter dated August 8, 2016.
information did not allow the Agency to conducting skills testing of CDL
conclude that the proposed exemption applicants. The ITD requested the Issued on: September 14, 2016.
would achieve a level of safety that is exemption because the regulation Larry W. Minor,
equivalent to, or greater than, the level creates a financial hardship for testing Associate Administrator for Policy.
of safety that would be obtained absent examiners who must be bonded but [FR Doc. 2016–23369 Filed 9–27–16; 8:45 am]
the exemption. conduct only a few tests monthly. ITD BILLING CODE 4910–EX–P
VerDate Sep<11>2014 18:04 Sep 27, 2016 Jkt 238001 PO 00000 Frm 00111 Fmt 4703 Sfmt 9990 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/81_FR_66918/page/1.svg)
Document Created: 2016-09-28 01:08:31
Document Modified: 2016-09-28 01:08:31
| 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; denial of application for exemption. | |
| Dates | FMCSA denied the application for exemption by letter dated August 8, 2016. | |
| Contact | Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 614-942-6477. Email: [email protected] | |
| FR Citation | 81 FR 66730 |
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