81 FR 74861 - Commercial Driver's License: Application for Exemption; Missouri Department of Revenue (DOR)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 208 (October 27, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74861-74862 | |
| FR Document | 2016-25965 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Notices] [Pages 74861-74862] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25965] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0130] Commercial Driver's License: Application for Exemption; Missouri Department of Revenue (DOR) 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 a limited exemption to the Missouri Department of Revenue (DOR), Driver's License Bureau, and, at their option, all other State driver licensing agencies (SDLAs), from the 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 requested an exemption from the knowledge test requirement for qualified current or former military personnel who participated in training in military heavy-vehicle driving programs. The Missouri DOR contends that qualified personnel who participated in such training have already received numerous hours of classroom training, practical skills training, and one-on-one road training that are essential for safe driving. DATES: The exemption is effective from October 27, 2016 through October 29, 2018. ADDRESSES: 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. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. 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 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ``FMCSA-2016-0130'' in the ``Keyword'' box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. 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 conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews 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 the exemption is granted. The notice must also specify the effective period of the exemption, and explain its terms and conditions. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption The Missouri DOR requested 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 contained in subparts F, G and H of 49 CFR part 383 for the commercial vehicle group that person 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 provided a number of reasons for its application. It contends that qualified veterans who completed military heavy- vehicle driver training 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 their request included:The hours of training in these military programs exceeds hours required by FMCSA's proposed entry-level driver training rule. The skill level required by military courses is comparable to that needed to pass the American Association of Motor Vehicle Administrators (AAMVA) 2005 CDL Test Model (amended 2010); Military personnel who complete specialized driver training are assigned duties where their driving skills are applied and used on a frequent basis, an obvious asset in civilian life; and The trucking industry predicts a growing shortage of new drivers. Providing this incentive will helpfully assist trained military truck drivers' transition into civilian jobs. IV. Public Comments On April 20, 2016, FMCSA published notice of this application and requested public comments (81 FR 23349). The Minnesota Department of Motor Vehicle Safety, the North Dakota Department of Transportation, and the Advocates for Highway and Auto Safety (Advocates) filed comments opposing the exemption. The North Dakota Department of Transportation stated that the exemption should not be granted until there are assurances that military training in lieu of the State knowledge test meets the requirements in 49 CFR 383.111, Required knowledge. The Minnesota Department of Motor Vehicle Safety suggested that, in lieu of granting this exemption [[Page 74862]] request, the military's training and licensing programs could be accepted as SDLA programs; i.e., military licenses could be treated as equivalent to a CDL. The Advocates pointed out that the current skills test exemption in Sec. 383.77 requires applicants to provide evidence that they were regularly employed within the last 90 days in a military position requiring the operation of a CMV. Advocates expressed concern that the Missouri DOR application did not include a similar experience requirement for ex-military personnel seeking a knowledge test exemption. Such a requirement should be included if the Agency grants the application to ensure that the knowledge obtained in the military has not diminished over an extended period of time. However, Advocates argues that making this exemption available to all 50 States and the District of Columbia is a permanent and material revision of Federal regulations that must be done through formal rulemaking allowing for review and comment by the public, including SDLAs. V. FMCSA Response FMCSA disagrees with the North Dakota Department of Transportation comments that this exemption should not be granted until there are assurances that military training in lieu of the State knowledge tests meets the requirements in 49 CFR 383.111. The training provided by these specialized military programs includes many hours of classroom training (typically based on FMCSA's own regulations, including all of the elements of Sec. 383.111), practical skills training, and on-the- road training, followed by actual driving in support of the military mission. There is no reason to believe that military training is deficient compared to the requirements of Sec. 383.111. FMCSA further disagrees with the Minnesota Department of Motor Vehicle Safety's suggestion that in lieu of granting this exemption request, the military's licensing and training program should be accepted as an SDLA program. Such an action would first require extensive legal analysis and would be very complex in any case. The limited exemption approved today allows the States to waive the CDL knowledge test but does not require them to do so. The Agency expects few SDLAs to participate due to a lack of demand in their geographical areas and the administrative burden involved. However, because FMCSA cannot predict which State SDLAs may want to use this exemption, the Agency has made it available to all States. SDLAs that choose to participate will be able to establish their own administrative procedures to implement the exemption, e.g., policies for acceptable documentation showing that the applicant has received the required military heavy-vehicle operation training, and has been employed in the past year in a position requiring such duties. Although Missouri used the term ``veterans'' in its application, to add clarity and be consistent with similar programs, we have expanded the eligibility to include ``current or former members of the military services (including Reserve and National Guard units), who have been regularly employed within the last year in a military position that requires operation of large trucks, and have received formal military training for that duty.'' This is consistent with comments filed by Advocates. VI. FMCSA Decision FMCSA has evaluated Missouri DOR's application and the public comments and decided to grant the exemption. FMCSA agrees with the reasons for the request made by the Missouri DOR. The two primary reasons were that the training provided by these specialized military programs includes many hours of classroom training, practical skills training, and on-the-road training that are essential for safe driving. In addition, the hours of training in these programs is in excess of the training proposed in FMCSA's own entry-level driver training rule (81 FR 11944, March 7, 2016), and is comparable to the skills needed to pass the AAMVA CDL test model. FMCSA has concluded that the exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption, in accordance with Sec. 381.305(a). VII. Terms and Conditions The following are the Terms and Conditions of this exemption: (1) SDLAs may, at their discretion, issue CLP/CDLs to qualifying applicants as described below, without these applicants being required to complete the knowledge test required by 49 CFR 383.71(a)(2)(ii). (2) ``Qualifying applicants'' must: (a) Be current or former members of the military services (including Reserve and National Guard units), (b) Have been regularly employed within the year prior to application in a military position that requires operation of large trucks, and (c) Have received formal military training for that duty. (3) Participating SDLAs may establish their own requirements and administrative procedures for verifying the eligibility of applicants. Issued on: October 20, 2016. T.F. Scott Darling, III, Administrator. [FR Doc. 2016-25965 Filed 10-26-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices 74861
Appellate Body, will also be available personal information the commenter terms and conditions. The exemption
on the Web site of the World Trade provides, to www.regulations.gov, as may be renewed (49 CFR 381.300(b)).
Organization, at www.wto.org. described in the system of records
III. Request for Exemption
notice (DOT/ALL–14 FDMS), which can
Juan A. Millán, The Missouri DOR requested an
be reviewed at www.dot.gov/privacy.
Acting Assistant U.S. Trade Representative exemption from 49 CFR 383.71(a)(2)(ii),
for Monitoring and Enforcement, Office of FOR FURTHER INFORMATION CONTACT: For
information concerning this notice, which requires any person applying for
the U.S. Trade Representative.
contact Mr. Tom Yager, Chief, FMCSA a Commercial Learner’s Permit (CLP) on
[FR Doc. 2016–25990 Filed 10–26–16; 8:45 am] or after July 8, 2015, to have taken and
Driver and Carrier Operations Division;
BILLING CODE 3290–F7–P
Office of Carrier, Driver and Vehicle passed a general knowledge test that
Safety Standards; Telephone: 614–942– meets the Federal standards contained
6477. Email: MCPSD@dot.gov. If you in subparts F, G and H of 49 CFR part
DEPARTMENT OF TRANSPORTATION 383 for the commercial vehicle group
have questions on viewing or submitting
material to the docket, contact Docket that person operates or expects to
Federal Motor Carrier Safety operate. The Missouri DOR requested an
Administration Services, telephone (202) 366–9826.
exemption from the knowledge test
SUPPLEMENTARY INFORMATION:
[Docket No. FMCSA–2016–0130] requirements for trained military truck
I. Public Participation drivers, in effect giving designated
Commercial Driver’s License: drivers credit for military training and
Application for Exemption; Missouri Viewing Comments and Documents
experience.
Department of Revenue (DOR) To view comments, as well as The Missouri DOR provided a number
documents mentioned in this preamble of reasons for its application. It
AGENCY: Federal Motor Carrier Safety as being available in the docket, go to contends that qualified veterans who
Administration (FMCSA), DOT. www.regulations.gov and insert the completed military heavy-vehicle driver
ACTION: Notice of final disposition; grant docket number, ‘‘FMCSA–2016–0130’’ training programs have already received
of application for exemption. in the ‘‘Keyword’’ box, and click numerous hours of classroom training,
SUMMARY: FMCSA announces its ‘‘Search.’’ Next, click the ‘‘Open Docket practical skills training, and one-on-one
decision to grant a limited exemption to Folder’’ button and choose the road training that are essential for safe
the Missouri Department of Revenue document to review. If you do not have driving. Other reasons for their request
(DOR), Driver’s License Bureau, and, at access to the Internet, you may view the included:
their option, all other State driver docket online by visiting the Docket • The hours of training in these
licensing agencies (SDLAs), from the Management Facility in Room W12–140 military programs exceeds hours
commercial driver’s license (CDL) on the ground floor of the DOT West required by FMCSA’s proposed entry-
regulations. These regulations require a Building, 1200 New Jersey Avenue SE., level driver training rule. The skill level
driver to pass the general knowledge Washington, DC 20590, between 9 a.m. required by military courses is
test before being issued a Commercial and 5 p.m., e.t., Monday through Friday, comparable to that needed to pass the
Learner’s Permit (CLP). The Missouri except Federal holidays. American Association of Motor Vehicle
DOR requested an exemption from the II. Legal Basis Administrators (AAMVA) 2005 CDL
knowledge test requirement for Test Model (amended 2010);
qualified current or former military
FMCSA has authority under 49 U.S.C. • Military personnel who complete
31136(e) and 31315 to grant exemptions specialized driver training are assigned
personnel who participated in training from the Federal Motor Carrier Safety
in military heavy-vehicle driving duties where their driving skills are
Regulations. FMCSA must publish a applied and used on a frequent basis, an
programs. The Missouri DOR contends notice of each exemption request in the
that qualified personnel who obvious asset in civilian life; and
participated in such training have
Federal Register (49 CFR 381.315(a)). • The trucking industry predicts a
The Agency must provide the public an growing shortage of new drivers.
already received numerous hours of opportunity to inspect the information
classroom training, practical skills Providing this incentive will helpfully
relevant to the application, including assist trained military truck drivers’
training, and one-on-one road training any safety analyses that have been
that are essential for safe driving. transition into civilian jobs.
conducted. The Agency must also
DATES: The exemption is effective from provide an opportunity for public IV. Public Comments
October 27, 2016 through October 29, comment on the request. On April 20, 2016, FMCSA published
2018. The Agency reviews safety analyses notice of this application and requested
ADDRESSES: Docket: For access to the and the public comments, and public comments (81 FR 23349). The
docket to read background documents determines whether granting the Minnesota Department of Motor Vehicle
or comments, go to www.regulations.gov exemption would likely achieve a level Safety, the North Dakota Department of
at any time or visit Room W12–140 on of safety equivalent to, or greater than, Transportation, and the Advocates for
the ground level of the West Building, the level that would be achieved by the Highway and Auto Safety (Advocates)
1200 New Jersey Avenue SE., current regulation (49 CFR 381.305). filed comments opposing the
Washington, DC, between 9 a.m. and 5 The decision of the Agency must be exemption. The North Dakota
p.m., ET, Monday through Friday, published in the Federal Register (49 Department of Transportation stated
CFR 381.315(b)) with the reason for the that the exemption should not be
sradovich on DSK3GMQ082PROD with NOTICES
except Federal holidays. The on-line
FDMS is available 24 hours each day, grant or denial, and, if granted, the granted until there are assurances that
365 days each year. specific person or class of persons military training in lieu of the State
Privacy Act: In accordance with 5 receiving the exemption, and the knowledge test meets the requirements
U.S.C. 553(c), DOT solicits comments regulatory provision or provisions from in 49 CFR 383.111, Required
from the public to better inform its which the exemption is granted. The knowledge. The Minnesota Department
rulemaking process. DOT posts these notice must also specify the effective of Motor Vehicle Safety suggested that,
comments, without edit, including any period of the exemption, and explain its in lieu of granting this exemption
VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1](https://thefederalregister.org/doc/81_FR_75069/page/1.svg)
![74862 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices
request, the military’s training and establish their own administrative (3) Participating SDLAs may establish
licensing programs could be accepted as procedures to implement the their own requirements and
SDLA programs; i.e., military licenses exemption, e.g., policies for acceptable administrative procedures for verifying
could be treated as equivalent to a CDL. documentation showing that the the eligibility of applicants.
The Advocates pointed out that the applicant has received the required Issued on: October 20, 2016.
current skills test exemption in § 383.77 military heavy-vehicle operation T.F. Scott Darling, III,
requires applicants to provide evidence training, and has been employed in the
that they were regularly employed Administrator.
past year in a position requiring such
within the last 90 days in a military [FR Doc. 2016–25965 Filed 10–26–16; 8:45 am]
duties.
position requiring the operation of a Although Missouri used the term BILLING CODE 4910–EX–P
CMV. Advocates expressed concern that ‘‘veterans’’ in its application, to add
the Missouri DOR application did not clarity and be consistent with similar
include a similar experience DEPARTMENT OF TRANSPORTATION
programs, we have expanded the
requirement for ex-military personnel eligibility to include ‘‘current or former Federal Motor Carrier Safety
seeking a knowledge test exemption. members of the military services
Such a requirement should be included Administration
(including Reserve and National Guard
if the Agency grants the application to units), who have been regularly [Docket No. FMCSA–2016–0325]
ensure that the knowledge obtained in employed within the last year in a
the military has not diminished over an Motor Carrier Safety Assistance
military position that requires operation
extended period of time. However, Program Multiyear Plans
of large trucks, and have received formal
Advocates argues that making this military training for that duty.’’ This is AGENCY: Federal Motor Carrier Safety
exemption available to all 50 States and consistent with comments filed by Administration (FMCSA), DOT.
the District of Columbia is a permanent Advocates. ACTION: Notice: Request for comments.
and material revision of Federal
regulations that must be done through VI. FMCSA Decision SUMMARY: The Fixing America’s Surface
formal rulemaking allowing for review FMCSA has evaluated Missouri DOR’s Transportation (FAST) Act requires the
and comment by the public, including application and the public comments Secretary to prescribe procedures for a
SDLAs. and decided to grant the exemption. State to submit multiple-year plans for
V. FMCSA Response FMCSA agrees with the reasons for the the Motor Carrier Safety Assistance
request made by the Missouri DOR. The Program (MCSAP) grants. FMCSA seeks
FMCSA disagrees with the North
two primary reasons were that the information to improve development
Dakota Department of Transportation
training provided by these specialized and implementation of multiple-year
comments that this exemption should
military programs includes many hours plans.
not be granted until there are assurances
that military training in lieu of the State of classroom training, practical skills DATES: Responses to these questions
knowledge tests meets the requirements training, and on-the-road training that must be received on or before November
in 49 CFR 383.111. The training are essential for safe driving. In 28, 2016.
provided by these specialized military addition, the hours of training in these
ADDRESSES: You may submit comments
programs includes many hours of programs is in excess of the training
bearing the Federal Docket Management
classroom training (typically based on proposed in FMCSA’s own entry-level
System (FDMS) Docket ID FMCSA–
FMCSA’s own regulations, including all driver training rule (81 FR 11944, March
2016–0325 using any of the following
of the elements of § 383.111), practical 7, 2016), and is comparable to the skills
methods:
skills training, and on-the-road training, needed to pass the AAMVA CDL test • Federal eRulemaking Portal: Go to
followed by actual driving in support of model. FMCSA has concluded that the www.regulations.gov. Follow the on-line
the military mission. There is no reason exemption would likely achieve a level instructions for submitting comments.
to believe that military training is of safety that is equivalent to or greater • Mail: Docket Management Facility;
deficient compared to the requirements than the level that would be achieved U.S. Department of Transportation, 1200
of § 383.111. FMCSA further disagrees absent such exemption, in accordance New Jersey Avenue SE., West Building
with the Minnesota Department of with § 381.305(a). Ground Floor, Room W12–140,
Motor Vehicle Safety’s suggestion that VII. Terms and Conditions Washington, DC 20590–0001.
in lieu of granting this exemption • Hand Delivery or Courier: West
request, the military’s licensing and The following are the Terms and Building Ground Floor, Room W12–140,
training program should be accepted as Conditions of this exemption: 1200 New Jersey Avenue SE.,
an SDLA program. Such an action (1) SDLAs may, at their discretion, Washington, DC, between 9 a.m. and 5
would first require extensive legal issue CLP/CDLs to qualifying applicants p.m., ET, Monday through Friday,
analysis and would be very complex in as described below, without these except Federal Holidays.
any case. applicants being required to complete • Fax: 1–202–493–2251.
The limited exemption approved the knowledge test required by 49 CFR Each submission must include the
today allows the States to waive the 383.71(a)(2)(ii). Agency name and the docket number for
CDL knowledge test but does not require (2) ‘‘Qualifying applicants’’ must: this notice. Note that DOT posts all
them to do so. The Agency expects few (a) Be current or former members of comments received without change to
SDLAs to participate due to a lack of the military services (including Reserve
sradovich on DSK3GMQ082PROD with NOTICES
www.regulations.gov, including any
demand in their geographical areas and and National Guard units), personal information included in a
the administrative burden involved. (b) Have been regularly employed comment. Please see the Privacy Act
However, because FMCSA cannot within the year prior to application in heading below.
predict which State SDLAs may want to a military position that requires Docket: For access to the docket to
use this exemption, the Agency has operation of large trucks, and read background documents or
made it available to all States. SDLAs (c) Have received formal military comments, go to www.regulations.gov at
that choose to participate will be able to training for that duty. any time or visit Room W12–140 on the
VerDate Sep<11>2014 17:43 Oct 26, 2016 Jkt 241001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1](https://thefederalregister.org/doc/81_FR_75069/page/2.svg)
Document Created: 2016-10-27 01:52:17
Document Modified: 2016-10-27 01:52:17
| 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 | The exemption is effective from October 27, 2016 through October 29, 2018. | |
| Contact | For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. 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 74861 |
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