83 FR 62503 - Limitations on the Issuance of Commercial Driver's Licenses With a Hazardous Materials Endorsement
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 233 (December 4, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 233 (December 4, 2018)
| Page Range | 62503-62505 | |
| FR Document | 2018-26250 |
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)] [Rules and Regulations] [Pages 62503-62505] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26250] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383 and 384 [Docket No. FMCSA-2001-11117] RIN 2126-AA70 Limitations on the Issuance of Commercial Driver's Licenses With a Hazardous Materials Endorsement AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Interim rules; re-opening of the comment period. ----------------------------------------------------------------------- SUMMARY: In May 2003 and April 2005, FMCSA published interim final rules (IFR) regarding the limitations on the issuance of commercial driver's licenses with a hazardous materials endorsement. The comment period for the May 2003 IFR closed on July 7, 2003; there was no comment period for the April 2005 IFR. The Agency received over 50 comments on the 2003 [[Page 62504]] IFR. FMCSA now plans to adopt the provisions of the IFRs that have not previously been made final. To ensure that interested parties have an opportunity to provide comments, the Agency has re-opened the comment period for 15 days. DATES: The comment periods for the interim final rules published May 5, 2003, at 68 FR 23844, and April 29, 2005, at 70 FR 22268, are reopened. Comments must be received on or before December 19, 2018. ADDRESSES: You may submit comments identified by Docket Number FMCSA- 2001-11117 using any of the following methods:Federal eRulemaking Portal: 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 or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Fax: (202) 493-2251. To avoid duplication, please use only one of these four methods. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; by email at [email protected], or by telephone at 202-366-0677. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments A. Submitting Comments If you submit a comment, please include the docket number for this IFR (FMCSA-2001-11117), indicate the specific section of the document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, put the docket number, FMCSA-2001-11117, in the keyword box, and click ``Search.'' When the new screen appears, click on the ``Comment Now!'' button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this IFR based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. B. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2001-11117, 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. ET, Monday through Friday, except Federal holidays. C. 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.transportation.gov/privacy. II. Background On May 5, 2003, FMCSA published an IFR titled ``Limitations on the Issuance of Commercial Driver's Licenses with a Hazardous Materials Endorsement'' (68 FR 23844). It revised its regulations to require State licensing agencies to issue or renew a hazardous materials endorsement for a CDL only if the Transportation Security Administration (TSA) has determined that the applicant does not pose a security risk warranting denial of such endorsement. To determine applicability, a CDL renewal, transfer, or upgrade was also considered a new issuance and fell within the scope of these requirements if it involved a hazardous materials endorsement. The IFR implemented FMCSA's part of the requirements of section 1012 of the USA PATRIOT Act, which limited the issuance of hazardous materials licenses. Because FMCSA shares with TSA the responsibility for implementing section 1012, TSA concurrently published an IFR containing regulations governing the security risk determination process in 49 CFR parts 1570 and 1572 (May 5, 2003, 68 FR 23852). No public meeting was requested and none was held. The IFR became effective upon publication on May 5, 2003. On April 29, 2005, FMCSA published an IFR titled ``Limitations on the Issuance of Commercial Driver's Licenses with a Hazardous Materials Endorsement'' (70 FR 22268). That rule was issued as an IFR because it related to the 2003 IFR. In the preamble, FMCSA wrote that the 2005 IFR would be subsumed into the 2003 IFR when that rulemaking was finalized. FMCSA's 2003 IFR provided a specific date on which States became subject to the new requirement. The 2005 IFR amended the FMCSRs to cross-reference the TSA's compliance date as the date when FMCSA's companion requirements also became applicable (70 FR 22268). Consistent with the TSA regulations, FMCSA also reduced the amount of advance notice that States must provide to drivers that a security threat assessment will be performed when they renew a hazardous materials endorsement. FMCSA solicited comments to the 2003 IFR. The Agency received over 50 comments. No comment period was included with the 2005 IFR. On October 5, 2018, Congress enacted the FAA Reauthorization Act of 2018 (Pub. L. 115-254). Under Sec. 1977, a CMV driver who wants to obtain a hazardous materials endorsement on a commercial driver's license is an ``applicable individual who is subject to credentialing or background investigation''. Section 1978 exempted individuals who hold a valid transportation security card (TSC, or TWIC as implemented by TSA) issued under section 70105 of Title 46. FMCSA intends to incorporate this exemption when finalizing the IFRs, subject to TSA [[Page 62505]] requirements on the issuance of the HME. Comments Requested Considering the passage of time since the publication of the IFRs, and because some items may not have been touched on during the initial notice and comment, FMCSA is re-opening the comment period. At the end of the comment period, FMCSA will consider all issues under its authority and may change the IFR based on the comments. FMCSA may issue a final rule at any time after the close of the comment period. Issued on: November 23, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018-26250 Filed 12-3-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 62503
rule. The comment is outside the scope improve the flexibility offered to PART 217—SPECIAL CONTRACTING
of this case and no changes are made in contractors submitting pricing for surge METHODS
the final rule. options by giving them the option to
217.208–70 [Amended]
II. Applicability to Contracts at or quote prices by percentage or quantity
Below the Simplified Acquisition increases, and to update the terminology ■ 2. In section 217.208–70, amend
Threshold and for Commercial Items, used from ‘‘Production Surge Plan’’ to paragraph (b)(1), by removing
Including Commercially Available Off- ‘‘Capability Analysis Plan’’ (CAP), since ‘‘percentage’’ and adding ‘‘percentage or
the-Shelf Items this is the most current and accurate quantity’’ in its place.
term for this type of plan. The
This rule does not propose to create PART 252—SOLICITATION
modification of this DFARS text
any new provisions or clauses. The PROVISIONS AND CONTRACT
proposed changes to DFARS clause supports a recommendation from the
CLAUSES
252.217–7001, Surge Option, are DoD Regulatory Reform Task Force
minimal and reflect only updates under E.O. 13777, Enforcing the ■ 3. Amend section 252.217–7001 by—
required to mirror current industry Regulatory Reform Agenda. ■ a. Removing the clause date of ‘‘(AUG
terminology and practice for support No public comments were received in 1992)’’ and adding ‘‘(DEC 2018)’’ in its
that may be required for industrial response to the initial regulatory place;
planning for selected essential military flexibility analysis. ■ b. Revising paragraph (a)(1);
items in the event of an emergency. The ■ c. In paragraph (b)(1), removing
This rule is not expected to have a
rule continues to apply to contracts ‘‘Production Surge Plan (DI–MGMT
significant economic impact on a 80969)’’ and adding ‘‘Capabilities
below the simplified acquisition
substantial number of small entities Analysis Plan (CAP)’’ in its place; and
threshold, however, the rule does not
within the meaning of the Regulatory ■ d. In paragraph (b)(2), removing
apply to commercial items, including
commercially available off-the-shelf Flexibility Act, 5 U.S.C. 601, et seq., ‘‘Production Surge Plan’’ and adding
items. because the scope of the rule limits the ‘‘CAP’’ in its place.
application of the reporting requirement The revision reads as follows:
III. Executive Orders 12866 and 13563 to a small number of service contracts.
E.O. 12866, Regulatory Planning and Based on fiscal year 2017 data from the 252.217–7001. Surge option.
Review; and E.O. 13563, Improving Federal Procurement Data System, the * * * * *
Regulation and Regulatory Review, Government issued approximately 78 (a) * * *
direct agencies to assess all costs and contract actions that used mobilization (1) Increase the quantity of supplies or
benefits of available regulatory or essential research and development services called for under this contract by
alternatives and, if regulation is as the reason for other than full and no more than llpercent or ll[insert
necessary, to select regulatory open competition. Of the 78 contract quantity and description of services or
approaches that maximize net benefits actions, approximately 33 awards were supplies to be increased]; and/or
(including potential economic, made to 24 unique small entities. * * * * *
environmental, public health and safety [FR Doc. 2018–26307 Filed 12–3–18; 8:45 am]
effects, distributive impacts, and This rule does not include any new
BILLING CODE 5001–06–P
equity). E.O. 13563 emphasizes the reporting, recordkeeping, or other
importance of quantifying both costs compliance requirements for small
and benefits, of reducing costs, of businesses.
DEPARTMENT OF TRANSPORTATION
harmonizing rules, and of promoting There are no known significant
flexibility. The Office of Management alternative approaches to the rule that Federal Motor Carrier Safety
and Budget, Office of Information and would meet the proposed objectives. Administration
Regulatory Affairs (OIRA), has
determined that this is not a significant VI. Paperwork Reduction Act 49 CFR Parts 383 and 384
regulatory action as defined under The rule does not contain any
section 3(f) of E.O. 12866 and, therefore, [Docket No. FMCSA–2001–11117]
information collection requirements that
was not subject to review under section RIN 2126–AA70
require the approval of the Office of
6(b). This rule is not a major rule as
Management and Budget under the
defined at 5 U.S.C. 804(2). Limitations on the Issuance of
Paperwork Reduction Act (44 U.S.C.
Commercial Driver’s Licenses With a
IV. Executive Order 13771 chapter 35). Hazardous Materials Endorsement
This final rule is not subject to E.O. List of Subjects in 48 CFR Parts 217 and
13771, because this rule is not AGENCY: Federal Motor Carrier Safety
252 Administration (FMCSA), DOT.
significant under E.O. 12866.
Government procurement. ACTION: Interim rules; re-opening of the
V. Regulatory Flexibility Act
comment period.
A final regulatory flexibility analysis Jennifer Lee Hawes,
(FRFA) has been prepared consistent Regulatory Control Officer, Defense SUMMARY: In May 2003 and April 2005,
with the Regulatory Flexibility Act, 5 Acquisition Regulations System. FMCSA published interim final rules
U.S.C. 601, et seq. The FRFA is (IFR) regarding the limitations on the
summarized as follows: Therefore, 48 CFR parts 217 and 252 issuance of commercial driver’s licenses
The Department of Defense is are amended as follows: 1. The with a hazardous materials
amending the Defense Federal authority citation for parts 217 and 252 endorsement. The comment period for
Acquisition Regulation Supplement continues to read as follows: the May 2003 IFR closed on July 7,
(DFARS) to revise a clause to reflect Authority: 41 U.S.C. 1303 and 48 CFR 2003; there was no comment period for
current terminology and industry chapter 1. the April 2005 IFR. The Agency
practices. The objective of this rule is to received over 50 comments on the 2003
VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1](https://thefederalregister.org/doc/83_FR_62736/page/1.svg)
![Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 62505
requirements on the issuance of the and 390.305) is extended until January proposal in the Federal Register (82 FR
HME. 1, 2021. 27766, and 27768). The 2017 final rule
FOR FURTHER INFORMATION CONTACT: Ms. extended the compliance date of the
Comments Requested
Loretta Bitner, (202) 366–2400, 2015 final rule from January 1, 2018, to
Considering the passage of time since loretta.bitner@dot.gov, Office of January 1, 2019. The proposal provided
the publication of the IFRs, and because Enforcement and Compliance. FMCSA information about FMCSA’s planned
some items may not have been touched office hours are from 9 a.m. to 5 p.m., revisions to the 2015 final rule and
on during the initial notice and Monday through Friday, except Federal requested public comment on those
comment, FMCSA is re-opening the holidays. revisions.
comment period. At the end of the SUPPLEMENTARY INFORMATION: B. Related Activity
comment period, FMCSA will consider
all issues under its authority and may I. Background To address the concerns in the
change the IFR based on the comments. A. History petitions, FMCSA published an NPRM
FMCSA may issue a final rule at any on September 20, 2018 (83 FR 47764).
On May 27, 2015, FMCSA published This NPRM (RIN 2126–AC07) proposed
time after the close of the comment
a final rule titled ‘‘Lease and to extend the compliance date of the
period.
Interchange of Vehicles; Motor Carriers 2015 final rule from January 1, 2019, to
Issued on: November 23, 2018. of Passengers’’ (80 FR 30164). The January 1, 2021. It also included
Raymond P. Martinez, American Bus Association (ABA) and proposed revisions to the 2015 final rule
Administrator. United Motorcoach Association (UMA) and requested public comment by
[FR Doc. 2018–26250 Filed 12–3–18; 8:45 am] filed a joint request for an extension of November 19, 2018.
BILLING CODE 4910–EX–P the June 26, 2015, deadline to submit In October 2018, several passenger
petitions for reconsideration of the final carriers petitioned FMCSA to extend the
rule (80 FR 37553). On July 1, 2015, the compliance date immediately in
DEPARTMENT OF TRANSPORTATION Agency extended the deadline for such accordance with the Agency’s prior
petitions until August 25, 2015 (80 FR commitments and provide sufficient
Federal Motor Carrier Safety 37553). time to finalize the NPRM, to avoid an
Administration The Agency received 37 petitions for uncertain operating environment,
reconsideration, all of which were filed confusion, and disruption in industry
49 CFR Part 390 in the public docket referenced above. operations. ABA wrote that the outcome
After the initial review of the petitions, of an uncertain business environment is
[Docket No. FMCSA–2012–0103]
FMCSA held a meeting on October 28, entirely avoidable. The Agency should
RIN 2126–AC22 2015, with a cross section of the take the same action it has taken on two
petitioners. Attending were prior occasions, and simply publish a
Lease and Interchange of Vehicles; representatives from small and large bus final rule to extend the compliance date
Motor Carriers of Passengers; companies, charter and regular-route of the current rule. ABA argued that
Extension of Compliance Date operations, and diverse geographic areas extending the compliance date would
of the nation. Additionally, two not affect safety, as the current rule has
AGENCY: Federal Motor Carrier Safety insurance company representatives never been in force; nor would an
Administration (FMCSA), DOT. were invited due to litigation and extension interfere with the rulemaking
ACTION: Final rule; extension of financial liability concerns. The purpose process to finalize revisions to the
compliance date. of the meeting was to have an open current rule. Further, the Agency has
discussion and to gather additional committed to extending the compliance
SUMMARY: FMCSA extends the details about petitioners’ specific
compliance date of the May 27, 2015, date on several occasions for the stated
operations and concerns. purpose of allowing sufficient time to
final rule titled ‘‘Lease and Interchange Based on these discussions, and after
of Vehicles; Motor Carriers of complete revisions to the current rule.
further analysis, FMCSA concluded that
Passengers,’’ from January 1, 2019, to some aspects of the petitions for C. Comments Received
January 1, 2021. The final rule received reconsideration have merit. The Agency FMCSA received 15 comments
37 petitions for reconsideration. To therefore extended the compliance date supporting the extension of the
address the concerns in the petitions, to January 1, 2018, to allay stakeholder compliance date of the 2015 final rule
FMCSA initiated a new notice of concerns that there would not be to January 1, 2021. The extension is
proposed rulemaking (NPRM) that also sufficient time to adjust passenger necessary to provide time to consider all
included a proposal to extend the carrier operations before compliance the issues and to publish a final rule,
compliance date of the 2015 final rule with the regulations was required (81 while giving motor carriers sufficient
from January 1, 2019, to January 1, 2021. FR 13998, March 16, 2016). After further time to comply with the revised
This extension of the compliance date is review of the petitions, the Agency requirements. FMCSA therefore extends
necessary to provide time to consider all announced on August 31, 2016, that it the 2019 compliance date until January
the issues raised in comments to the intended to consider changes to four 1, 2021.
NPRM and to publish a final rule, while aspects of the 2015 final rule, but it also
giving motor carriers sufficient time to denied requests to reconsider other D. Extending the Compliance Date
comply with the revised requirements. issues raised by petitioners (81 FR The Agency is extending the
DATES: 59951). The August 31 document compliance date by 2 years, to January
Effective date: December 4, 2018 until announced that a public roundtable 1, 2021. The temporary section added to
January 1, 2021. would be held to discuss the four issues. subpart F of 49 CFR part 390 when a
Compliance date: As of December 4, The roundtable was held on October 31, previous extension of the compliance
2018, the compliance date for the 2016. date was issued, is being updated to
requirements in subpart F of 49 CFR On June 16, 2017, FMCSA published include the new compliance date. The
part 390 (§§ 390.300T, 390.301, 390.303, a final rule (2017 final rule) and a temporary section continues to be in
VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1](https://thefederalregister.org/doc/83_FR_62736/page/3.svg)
Document Created: 2018-12-04 00:42:43
Document Modified: 2018-12-04 00:42:43
| 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 | Interim rules; re-opening of the comment period. | |
| Dates | The comment periods for the interim final rules published May 5, 2003, at 68 FR 23844, and April 29, 2005, at 70 FR 22268, are reopened. Comments must be received on or before December 19, 2018. | |
| Contact | Mr. Selden Fritschner, CDL Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; by email at [email protected], or by telephone at 202-366-0677. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 62503 | |
| RIN Number | 2126-AA70 | |
| CFR Citation | 49
CFR
383 49 CFR 384 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR