83_FR_36812 83 FR 36666 - Qualification of Drivers; Skill Performance Evaluation; Virginia Department of Motor Vehicles Application for Renewal Exemption

83 FR 36666 - Qualification of Drivers; Skill Performance Evaluation; Virginia Department of Motor Vehicles Application for Renewal Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 146 (July 30, 2018)

Page Range36666-36667
FR Document2018-16225

FMCSA announces its decision to renew a 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.

Federal Register, Volume 83 Issue 146 (Monday, July 30, 2018)
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36666-36667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16225]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0147]


Qualification of Drivers; Skill Performance Evaluation; Virginia 
Department of Motor Vehicles Application for Renewal Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA announces its decision to renew a 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 8, 2018, and will expire July 8, 
2023, and may be renewed. Comments must be received on or before August 
29, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0147 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     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: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. 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 below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or 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., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
365 days each year. If you want acknowledgment 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.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://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, Department of Transportation, 1200 New 
Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours 
are from 8:30 a.m. to 5:30 p.m., e.t., Monday through Friday, except 
Federal holidays. If you have questions regarding viewing or submitting 
material to the docket, contact Docket Services, telephone (202) 366-
9826.

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 no longer than 5 years 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 5-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). Subsequently, a 
request for exemption renewal was received, and granted for a 2-year 
period, beginning July 8, 2016 and ending on July 8, 2018 (81 FR 
44674).
    At the time the first exemption was granted, the term of temporary 
exemptions was limited by statute to a maximum of 2 years. However, on 
December 4, 2015, Congress enacted the Fixing America's Surface 
Transportation (FAST) Act, which now allows an exemption to be granted 
for a period of 5 years (49 U.S.C. 31315(b)(2)) if FMCSA 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.'' Virginia has consistently maintained the statutory 
requirements associated with 49 U.S.C. 31136(e) and 31315 for their SPE 
program. Therefore, the Agency believes that extending the exemption 
period to a 5-year period will likely achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.
    The requirements of the exemption were outlined in the prior 
notices and

[[Page 36667]]

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 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. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that granting this exemption is not currently 
achieving the statutory level of safety should immediately notify 
FMCSA. The Agency will evaluate any adverse evidence submitted and, if 
safety is being compromised or if continuation of the 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 revoke the Virginia DMV 
exemption.

III. 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 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 29 new and 48 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 for a 5-year 
period 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.

IV. Conditions and Requirements:

    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.

V. Preemption

    During the period the exemption is in effect; no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption. 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.

VI. Conclusion

    Virginia has consistently maintained the statutory exemption 
requirements associated with the Skill Performance Evaluation 
Certificate program. Therefore, in accordance with 49 U.S.C. 31136(e) 
and 31315, this exemption will be valid for five years unless revoked 
earlier by FMCSA.
    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: July 24, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-16225 Filed 7-27-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               36666                           Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices

                                               the SDLA with their MEC as proof of                      The exemption enables interstate CMV                  notice (DOT/ALL–14 FDMS), which can
                                               medical certification. As a result of this               drivers who are licensed in Virginia and              be reviewed at http://www.dot.gov/
                                               extension, there are no additional                       are subject to the Federal SPE                        privacy.
                                               annual burden hours or costs to                          requirements under 49 CFR 391.49 to                   FOR FURTHER INFORMATION CONTACT:     Ms.
                                               respondents imposed by the Medical                       continue to fulfill the Federal                       Eileen Nolan, Office of Carrier, Driver
                                               Examiner’s Certification Integration                     requirements with a State-issued SPE                  and Vehicle Safety, Medical Programs
                                               final rule during the first 6 years of                   and to operate CMVs in interstate                     Division, 202–366–4001,
                                               implementation of the final rule.                        commerce anywhere in the United                       fmcsamedical@dot.gov, FMCSA,
                                               Therefore, all the IC activities imposed                 States.                                               Department of Transportation, 1200
                                               on the MEs, drivers, and motor carriers                  DATES:  This decision is effective July 8,            New Jersey Avenue SE, Room W64–224,
                                               over the first 6 years of implementing                   2018, and will expire July 8, 2023, and               Washington, DC 20590–0001. Office
                                               the Medical Examiner’s Certification
                                                                                                        may be renewed. Comments must be                      hours are from 8:30 a.m. to 5:30 p.m.,
                                               Integration final rule will remain
                                                                                                        received on or before August 29, 2018.                e.t., Monday through Friday, except
                                               unchanged.
                                                                                                        ADDRESSES: You may submit comments                    Federal holidays. If you have questions
                                                  On April 27, 2018, FMCSA published
                                                                                                        bearing the Federal Docket Management                 regarding viewing or submitting
                                               a 60-day notice (83 FR 18640)
                                                                                                        System (FDMS) Docket No. FMCSA–                       material to the docket, contact Docket
                                               requesting comment on the renewal of
                                                                                                        2013–0147 using any of the following                  Services, telephone (202) 366–9826.
                                               this ICR. In response to the notice, eight
                                               comments were received. However,                         methods:                                              SUPPLEMENTARY INFORMATION:
                                               none of the comments were related to                        • Federal eRulemaking Portal: Go to
                                                                                                        http://www.regulations.gov. Follow the                I. Background
                                               information collection activities or the
                                               renewal of this ICR.                                     online instructions for submitting                       Under 49 U.S.C. 31136(e) and 31315,
                                                  Public Comments Invited: You are                      comments.                                             FMCSA may grant an exemption from
                                               asked to comment on any aspect of this                      • Mail: Docket Management Facility;                certain parts of the Federal Motor
                                               information collection, including: (1)                   U.S. Department of Transportation, 1200               Carrier Safety Regulations (FMCSRs) for
                                               Whether the proposed collection is                       New Jersey Avenue SE, West Building                   no longer than 5 years if it finds ‘‘such
                                               necessary for the FMCSA to perform its                   Ground Floor, Room W12–140,                           exemption would likely achieve a level
                                               functions; (2) the accuracy of the                       Washington, DC 20590–0001.                            of safety that is equivalent to or greater
                                               estimated burden; (3) ways for the                          • Hand Delivery: West Building                     than the level that would be achieved
                                               FMCSA to enhance the quality,                            Ground Floor, Room W12–140, 1200                      absent such exemption.’’ The statute
                                               usefulness, and clarity of the collected                 New Jersey Avenue SE, Washington,                     allows the Agency to renew exemptions
                                               information; and (4) ways that the                       DC, between 9 a.m. and 5 p.m., e.t.,                  at the end of the 5-year period.
                                               burden could be minimized without                        Monday through Friday, except Federal                    On July 8, 2014, FMCSA granted
                                               reducing the quality of the collected                    Holidays.                                             Virginia a 2-year exemption that enables
                                               information.                                                • Fax: 1–202–493–2251.                             interstate CMV drivers licensed in
                                                                                                           Instructions: Each submission must                 Virginia who are subject to the Federal
                                                 Issued under the authority delegated in 49             include the Agency name and the                       SPE requirements under 49 CFR 391.49
                                               CFR 1.87 on: July 20, 2018.                              docket number(s) for this notice. Note                to fulfill the Federal requirements with
                                               G. Kelly Regal,                                          that all comments received will be                    a State-issued SPE (79 FR 38659).
                                               Associate Administrator for Office of                    posted without change to http://                      Subsequently, a request for exemption
                                               Research and Information Technology.                     www.regulations.gov, including any                    renewal was received, and granted for a
                                               [FR Doc. 2018–16224 Filed 7–27–18; 8:45 am]              personal information provided. Please                 2-year period, beginning July 8, 2016
                                               BILLING CODE 4910–EX–P                                   see the Privacy Act heading below for                 and ending on July 8, 2018 (81 FR
                                                                                                        further information.                                  44674).
                                                                                                           Docket: For access to the docket to                   At the time the first exemption was
                                               DEPARTMENT OF TRANSPORTATION                             read background documents or                          granted, the term of temporary
                                                                                                        comments, go to http://                               exemptions was limited by statute to a
                                               Federal Motor Carrier Safety
                                                                                                        www.regulations.gov at any time or                    maximum of 2 years. However, on
                                               Administration
                                                                                                        Room W12–140 on the ground level of                   December 4, 2015, Congress enacted the
                                               [Docket No. FMCSA–2013–0147]                             the West Building, 1200 New Jersey                    Fixing America’s Surface Transportation
                                                                                                        Avenue SE, Washington, DC, between 9                  (FAST) Act, which now allows an
                                               Qualification of Drivers; Skill                          a.m. and 5 p.m., e.t., Monday through                 exemption to be granted for a period of
                                               Performance Evaluation; Virginia                         Friday, except Federal holidays. The                  5 years (49 U.S.C. 31315(b)(2)) if
                                               Department of Motor Vehicles                             FDMS is available 24 hours each day                   FMCSA finds ‘‘such exemption would
                                               Application for Renewal Exemption                        e.t., 365 days each year. If you want                 likely achieve a level of safety that is
                                               AGENCY:  Federal Motor Carrier Safety                    acknowledgment that we received your                  equivalent to, or greater than, the level
                                               Administration (FMCSA), DOT.                             comments, please include a self-                      that would be achieved absent such
                                               ACTION: Notice of renewal of exemption;                  addressed, stamped envelope or                        exemption.’’ Virginia has consistently
                                               request for comments.                                    postcard or print the acknowledgement                 maintained the statutory requirements
                                                                                                        page that appears after submitting                    associated with 49 U.S.C. 31136(e) and
                                               SUMMARY:   FMCSA announces its                           comments online.                                      31315 for their SPE program. Therefore,
                                               decision to renew a Virginia Department                     Privacy Act: In accordance with 5                  the Agency believes that extending the
daltland on DSKBBV9HB2PROD with NOTICES




                                               of Motor Vehicles (DMV) exemption on                     U.S.C. 553(c), DOT solicits comments                  exemption period to a 5-year period will
                                               behalf of truck and bus drivers who are                  from the public to better inform its                  likely achieve a level of safety that is
                                               licensed in the Commonwealth of                          rulemaking process. DOT posts these                   equivalent to, or greater than, the level
                                               Virginia and need a Skill Performance                    comments, without edit, including any                 of safety achieved without the
                                               Evaluation (SPE) Certificate from                        personal information the commenter                    exemption.
                                               FMCSA to operate commercial motor                        provides, to http://www.regulations.gov,                 The requirements of the exemption
                                               vehicles (CMV) in interstate commerce.                   as described in the system of records                 were outlined in the prior notices and


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                                                                               Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices                                                  36667

                                               will therefore not be repeated. Virginia                 of the exemption for a 5-year period is               laws and regulations that conflict with
                                               has established its own SPE program                      granted.                                              or are inconsistent with the exemption.
                                               that is essentially identical to the                       Consequently, FMCSA has concluded                   The decision to grant Virginia’s request
                                               current FMCSA SPE program to include                     that renewing the exemption allows the                amounts to automatic Federal
                                               an application process modeled on the                    Virginia SPE program to achieve the                   ratification of the State issued SPE
                                               FMCSA process. In addition, State                        level of safety required by 49 U.S.C.                 Certificate and therefore prohibits other
                                               personnel who have completed SPE                         31315.                                                jurisdictions from requiring a separate
                                               training identical to that of FMCSA                        If a Virginia-licensed driver would                 FMCSA-issued SPE. The State-issued
                                               personnel currently administer the SPE                   prefer not to opt for the streamlined SPE             certificate must be treated as if it had
                                               program and conduct the skill                            process, the driver may still apply for an            been issued by FMCSA. Virginia-
                                               evaluation according to the same                         FMCSA-issued SPE. However, FMCSA                      licensed drivers who receive the State-
                                               procedures and testing criteria used by                  may still exercise its discretion and call            issued SPE are allowed to operate CMVs
                                               FMCSA. If the driver passes the skill                    upon Virginia DMV to provide                          in interstate commerce anywhere in the
                                               evaluation, the State issues the SPE                     assistance in conducting the road                     United States.
                                               Certificate. Virginia maintains records of               evaluation needed to complete an SPE
                                                                                                        application, depending on the volume                  VI. Conclusion
                                               applications, testing, and certificates
                                               issued, which are available, as required,                of applications.                                        Virginia has consistently maintained
                                               for periodic review by FMCSA. On                                                                               the statutory exemption requirements
                                                                                                        IV. Conditions and Requirements:
                                               behalf of CMV drivers licensed in the                                                                          associated with the Skill Performance
                                               Commonwealth of Virginia, the State                         The FMCSA grants the renewal of the                Evaluation Certificate program.
                                               requested renewal of the exemption                       exemption to allow the Virginia DMV to                Therefore, in accordance with 49 U.S.C.
                                               from 49 CFR 391.49 concerning                            conduct SPE’s on drivers who have                     31136(e) and 31315, this exemption will
                                               FMCSA’s SPE Certificate process for                      experienced an impairment or loss of a                be valid for five years unless revoked
                                               drivers who have experienced an                          limb and are licensed in the                          earlier by FMCSA.
                                               impairment or loss of a limb.                            Commonwealth of Virginia. The                           The Agency does not intend its
                                                                                                        following terms and conditions apply to               decision to pressure other States to take
                                               II. Request for Comments                                 the State and any drivers who receive a               action to implement State-run SPE
                                                 Interested parties or organizations                    State-issued SPE certificate:                         programs. Virginia is the first State to
                                               possessing information that would                           • Virginia must establish and                      submit an application on behalf of its
                                               otherwise show that granting this                        maintain its own SPE program that is                  drivers to provide an alternative to the
                                               exemption is not currently achieving the                 essentially identical to the current                  Federal SPE process. Other States are
                                               statutory level of safety should                         FMCSA program.                                        welcome to make similar applications if
                                                                                                           • The State must maintain an                       they believe it is appropriate to do so
                                               immediately notify FMCSA. The
                                                                                                        application process modeled on the                    and they have the resources to meet
                                               Agency will evaluate any adverse
                                                                                                        FMCSA process and submit information                  terms and conditions comparable to
                                               evidence submitted and, if safety is
                                                                                                        concerning the application process to                 those provided in this exemption.
                                               being compromised or if continuation of
                                                                                                        FMCSA’s Medical Programs Division for
                                               the exemption would not be consistent                                                                            Issued on: July 24, 2018.
                                                                                                        review, as required.
                                               with the goals and objectives of 49                         • State personnel who conduct the                  Raymond P. Martinez,
                                               U.S.C. 31136(e) and 31315, FMCSA will                    skill test must complete SPE training                 Administrator.
                                               take immediate steps to revoke the                       identical to that of FMCSA personnel                  [FR Doc. 2018–16225 Filed 7–27–18; 8:45 am]
                                               Virginia DMV exemption.                                  currently administering the Federal SPE               BILLING CODE 4910–EX–P
                                               III. Basis for Renewing Exemption                        program.
                                                                                                           • The skill evaluation and scoring for
                                                 The Agency’s decision regarding this                   the SPE must be done using the same                   DEPARTMENT OF TRANSPORTATION
                                               exemption is based on the fact that                      procedures and testing criteria used by
                                               Virginia’s SPE program is essentially                    FMCSA.                                                Federal Railroad Administration
                                               identical to the current FMCSA                              • Virginia must maintain records of
                                               program. Virginia continues to adhere to                                                                       [Docket Number FRA–2018–0052]
                                                                                                        applications, testing, and certificates
                                               the application process modeled on the                   issued for periodic review by FMCSA.                  Petition for Waiver of Compliance
                                               FMCSA process. State personnel who                          • Virginia must submit a monthly
                                               conduct the skill evaluation complete                    report to FMCSA listing the names and                    Under part 211 of Title 49 Code of
                                               the same training as FMCSA personnel                     license number of each driver tested by               Federal Regulations (CFR), this provides
                                               conducting the test and follow the same                  the State and the result of the test (pass            the public notice that by letter dated
                                               procedures and testing criteria used by                  or fail).                                             June 4, 2018, Norfolk Southern Railway
                                               FMCSA. FMCSA has conducted ongoing                          • Each driver who receives a State-                (NS) petitioned the Federal Railroad
                                               monitoring and SPE program reviews                       issued SPE must carry a copy of the                   Administration (FRA) for a waiver of
                                               and Virginia continues to maintain                       certificate when driving for presentation             compliance from certain provisions of
                                               records of applications, testing, and                    to authorized Federal, State, or local law            the Federal railroad safety regulations
                                               certificates issued for periodic review by               enforcement officials.                                contained at 49 CFR part 236. FRA
                                               FMCSA. At the time, Virginia DMV                                                                               assigned the petition Docket Number
                                               submitted its request for exemption                      V. Preemption                                         FRA–2018–0052.
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                                               renewal to the Agency, it had issued 29                     During the period the exemption is in                 NS seeks a waiver of compliance from
                                               new and 48 renewal SPE Certificates.                     effect; no State shall enforce any law or             cab signal system requirements found in
                                               Based upon FMCSA’s analyses of the                       regulation that conflicts with this                   49 CFR 236.566, Locomotive of each
                                               applications and the program as a                        exemption with respect to a person                    train operating in train stop, train
                                               whole, FMCSA has determined that no                      operating under the exemption. An                     control, or cab signal territory;
                                               safety vulnerabilities are associated with               exemption granted under the authority                 equipped. Specifically, NS seeks relief
                                               Virginia’s renewal request. The renewal                  of 49 U.S.C. 31315(b) preempts State                  to operate non-equipped locomotives in


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Document Created: 2018-07-28 01:44:21
Document Modified: 2018-07-28 01:44:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemption; request for comments.
DatesThis decision is effective July 8, 2018, and will expire July 8, 2023, and may be renewed. Comments must be received on or before August 29, 2018.
ContactMs. Eileen Nolan, Office of Carrier, Driver and Vehicle Safety, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826.
FR Citation83 FR 36666 

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