82 FR 36101 - Commercial Driver's License Standards: Regulatory Guidance Concerning the Issuance of Commercial Learner's Permits
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 148 (August 3, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 148 (August 3, 2017)
| Page Range | 36101-36101 | |
| FR Document | 2017-16338 |
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)] [Rules and Regulations] [Page 36101] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16338] [[Page 36101]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 383 Commercial Driver's License Standards: Regulatory Guidance Concerning the Issuance of Commercial Learner's Permits AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Regulatory guidance. ----------------------------------------------------------------------- SUMMARY: FMCSA announces regulatory guidance clarifying that State Driver Licensing Agencies (SDLAs) may agree to facilitate the commercial learner's permit (CLP) application process and to administer the commercial driver's license (CDL) general knowledge test to individuals who are not domiciled in the State. Today's guidance makes clear that SDLAs may accept applications for CLPs and administer the general knowledge test to individuals taking commercial motor vehicle driver training in that State, but who are not domiciled there, provided that: The SDLA administering the general knowledge test transmits the test results directly, securely, and electronically to the applicant's State of domicile; and the State of domicile agrees to accept the test results and issue the CLP. While today's guidance is in answer to general knowledge testing as addressed in FMCSA regulations, we note that this regulatory guidance is consistent with the Agency's October 13, 2016, final rule which amended the CDL regulations to ease the transition of military personnel into civilian careers driving commercial motor vehicles (CMVs). DATES: Regulatory Guidance: The regulatory guidance is applicable August 3, 2017. The guidance expires August 3, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the Commercial Driver's License Division, Office of Safety Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Phone: 202-366-0831; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background On October 13, 2016, FMCSA published ``Commercial Driver's License Requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Military Commercial Driver's License Act of 2012'' (2016 Final Rule) (81 FR 70634). This rule allows a State to accept applications from active duty military personnel who are stationed in that State as well as administer the written and skills test for a CLP or CDL. States that choose to accept such applications are required to transmit the test results electronically to the State of domicile of the military personnel. The State of domicile may then issue the CLP or CDL on the basis of those test results. During the rulemaking proceeding, the American Trucking Associations (ATA) expressed an interest in allowing all drivers to take both the written and skills tests outside their State of domicile and requested that FMCSA issue a Supplemental Notice of Proposed Rulemaking on that subject. The FMCSA declined to address the issue at that time. It should be noted, however, that States of domicile are already required by 49 CFR 383.79 to accept skills tests administered by another state. Subsequently, in January 2017, the ATA requested regulatory guidance clarifying that SDLAs may accept the results of knowledge tests taken in another State to ease the travel burden on civilian CLP applicants attending a truck driver training school outside of their State of domicile. Based upon a review of the CDL statutes and the 2016 Final Rule, FMCSA has determined that regulatory guidance would clarify the flexibility allowed under the existing statutes and regulations. Specifically, section 383.73(a)(2)(i) mandates that a State ``require the applicant to make the certifications, pass the tests, and provide the information as described in Sec. 383.71(a)(2).'' Neither Sec. 383.71 nor Sec. 383.73 requires that these actions take place in the State of domicile. However, the State of domicile must continue to comply with Sec. 383.73(h) by creating the Commercial Driver Licensing Information System (CDLIS) record and issuing the physical CLP or CDL. II. Regulatory Guidance Based on the forgoing, FMCSA issues the following guidance. Regulatory Guidance to 49 CFR Part 383--Commercial Driver's License Standards Section 383.73 State Procedures Question: May States accept applications for a CLP from individuals who are not domiciled in the State but who receive CDL training within the State, and administer the knowledge test to these individuals? Guidance: Yes. Section 383.73 does not prohibit States from accepting and processing CLP applications from out-of-State applicants (e.g., individuals who are not domiciled in the State but who receive training there) and administering the knowledge test to such applicants, provided there is agreement between the testing State and the applicant's State of domicile. In particular: (1) The testing State must administer the general knowledge test in accordance with 49 CFR part 383, subparts F, G, and H; (2) transmission of general knowledge test results and any other supporting documentation shall occur by a direct, secure, electronic means to the State of domicile; and (3) in accordance with Sec. 383.73(h), only the State of domicile may create the CDLIS record and issue the physical CLP. Ultimately, the responsibility for compliance with all requirements of Sec. 383.71 and Sec. 383.73 remains with the State of domicile. Under 49 CFR 383.79, States of domicile are already required to accept skills test results from other States; this guidance clarifies that States of domicile may (but are not required to) accept knowledge test results from other States in the same manner. This guidance shall not be construed to allow a State to issue a CLP or CDL to an individual who is not domiciled in that State. Both the CLP and the CDL must be issued by the State of domicile, as required by 49 U.S.C. 31311(a)(12)(A). Expiration Date for the Regulatory Guidance In accordance with the requirement in Section 5203(a)(2)(A) of the Fixing America's Surface Transportation (FAST) Act, Public Law 114-94, 129 Stat. 1312, 1535, Dec. 4, 2015, the guidance above will be posted on FMCSA's Web site, http://www.fmcsa.dot.gov and expires no later than August 3, 2022. The Agency will then consider whether the guidance should be withdrawn, reissued for another period of up to five years, or incorporated into the safety regulations at that time. Issued on: July 26, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017-16338 Filed 8-2-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations 36101
DEPARTMENT OF TRANSPORTATION Progress in the 21st Century Act (MAP– who are not domiciled in the State but
21) and the Military Commercial who receive CDL training within the
Federal Motor Carrier Safety Driver’s License Act of 2012’’ (2016 State, and administer the knowledge test
Administration Final Rule) (81 FR 70634). This rule to these individuals?
allows a State to accept applications Guidance: Yes. Section 383.73 does
49 CFR Part 383 from active duty military personnel who not prohibit States from accepting and
are stationed in that State as well as processing CLP applications from out-
Commercial Driver’s License administer the written and skills test for
Standards: Regulatory Guidance of-State applicants (e.g., individuals
a CLP or CDL. States that choose to who are not domiciled in the State but
Concerning the Issuance of accept such applications are required to
Commercial Learner’s Permits who receive training there) and
transmit the test results electronically to administering the knowledge test to
AGENCY: Federal Motor Carrier Safety the State of domicile of the military such applicants, provided there is
Administration (FMCSA), DOT. personnel. The State of domicile may agreement between the testing State and
ACTION: Regulatory guidance.
then issue the CLP or CDL on the basis the applicant’s State of domicile. In
of those test results. During the particular: (1) The testing State must
SUMMARY: FMCSA announces regulatory rulemaking proceeding, the American administer the general knowledge test in
guidance clarifying that State Driver Trucking Associations (ATA) expressed accordance with 49 CFR part 383,
Licensing Agencies (SDLAs) may agree an interest in allowing all drivers to take subparts F, G, and H; (2) transmission of
to facilitate the commercial learner’s both the written and skills tests outside general knowledge test results and any
permit (CLP) application process and to their State of domicile and requested other supporting documentation shall
administer the commercial driver’s that FMCSA issue a Supplemental occur by a direct, secure, electronic
license (CDL) general knowledge test to Notice of Proposed Rulemaking on that means to the State of domicile; and (3)
individuals who are not domiciled in subject. The FMCSA declined to address in accordance with § 383.73(h), only the
the State. Today’s guidance makes clear the issue at that time. It should be State of domicile may create the CDLIS
that SDLAs may accept applications for noted, however, that States of domicile record and issue the physical CLP.
CLPs and administer the general are already required by 49 CFR 383.79 Ultimately, the responsibility for
knowledge test to individuals taking to accept skills tests administered by compliance with all requirements of
commercial motor vehicle driver another state. Subsequently, in January § 383.71 and § 383.73 remains with the
training in that State, but who are not 2017, the ATA requested regulatory State of domicile. Under 49 CFR 383.79,
domiciled there, provided that: The guidance clarifying that SDLAs may States of domicile are already required
SDLA administering the general accept the results of knowledge tests to accept skills test results from other
knowledge test transmits the test results taken in another State to ease the travel States; this guidance clarifies that States
directly, securely, and electronically to burden on civilian CLP applicants of domicile may (but are not required to)
the applicant’s State of domicile; and attending a truck driver training school accept knowledge test results from other
the State of domicile agrees to accept outside of their State of domicile. Based States in the same manner. This
the test results and issue the CLP. While upon a review of the CDL statutes and guidance shall not be construed to allow
today’s guidance is in answer to general the 2016 Final Rule, FMCSA has a State to issue a CLP or CDL to an
knowledge testing as addressed in determined that regulatory guidance individual who is not domiciled in that
FMCSA regulations, we note that this would clarify the flexibility allowed State. Both the CLP and the CDL must
regulatory guidance is consistent with under the existing statutes and be issued by the State of domicile, as
the Agency’s October 13, 2016, final regulations. required by 49 U.S.C. 31311(a)(12)(A).
rule which amended the CDL Specifically, section 383.73(a)(2)(i)
regulations to ease the transition of mandates that a State ‘‘require the Expiration Date for the Regulatory
military personnel into civilian careers applicant to make the certifications, Guidance
driving commercial motor vehicles pass the tests, and provide the
(CMVs). information as described in In accordance with the requirement in
§ 383.71(a)(2).’’ Neither § 383.71 nor Section 5203(a)(2)(A) of the Fixing
DATES: Regulatory Guidance: The America’s Surface Transportation
§ 383.73 requires that these actions take
regulatory guidance is applicable (FAST) Act, Public Law 114–94, 129
place in the State of domicile. However,
August 3, 2017. The guidance expires Stat. 1312, 1535, Dec. 4, 2015, the
the State of domicile must continue to
August 3, 2022. guidance above will be posted on
comply with § 383.73(h) by creating the
FOR FURTHER INFORMATION CONTACT: Ms. Commercial Driver Licensing FMCSA’s Web site, http://
Nikki McDavid, Chief of the Information System (CDLIS) record and www.fmcsa.dot.gov and expires no later
Commercial Driver’s License Division, issuing the physical CLP or CDL. than August 3, 2022. The Agency will
Office of Safety Programs, Federal Motor then consider whether the guidance
Carrier Safety Administration, 1200 II. Regulatory Guidance should be withdrawn, reissued for
New Jersey Avenue SE., Washington, Based on the forgoing, FMCSA issues another period of up to five years, or
DC 20590–0001. Phone: 202–366–0831; the following guidance. incorporated into the safety regulations
email: nikki.mcdavid@dot.gov. at that time.
Regulatory Guidance to 49 CFR Part
SUPPLEMENTARY INFORMATION: Issued on: July 26, 2017.
383—Commercial Driver’s License
pmangrum on DSK3GDR082PROD with RULES
I. Background Standards Section 383.73 State Daphne Y. Jefferson,
On October 13, 2016, FMCSA Procedures Deputy Administrator.
published ‘‘Commercial Driver’s License Question: May States accept [FR Doc. 2017–16338 Filed 8–2–17; 8:45 am]
Requirements of the Moving Ahead for applications for a CLP from individuals BILLING CODE 4910–EX–P
VerDate Sep<11>2014 18:05 Aug 02, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1](https://thefederalregister.org/doc/82_FR_36249/page/1.svg)
Document Created: 2017-08-03 07:24:56
Document Modified: 2017-08-03 07:24:56
| 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 | Rules and Regulations | |
| Action | Regulatory guidance. | |
| Dates | Regulatory Guidance: The regulatory guidance is applicable August 3, 2017. The guidance expires August 3, 2022. | |
| Contact | Ms. Nikki McDavid, Chief of the Commercial Driver's License Division, Office of Safety Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Phone: 202-366-0831; email: [email protected] | |
| FR Citation | 82 FR 36101 |
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