83 FR 7288 - Commercial Driver's License Standards; Commercial Vehicle Training Association's Exemption Application for States To Facilitate the Issuance of Licensing Documents to Citizens of Puerto Rico

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range		7288-7289
FR Document		2018-03363

FMCSA announces that it has received an application from the Commercial Vehicle Training Association (CVTA) on behalf of the States for an exemption from concerning proof of U.S. citizenship or lawful permanent residence, and concerning proof that the State to which the application is made is the applicant's State of domicile, to enable State driver licensing agencies (SDLAs) to accept commercial learner's permit (CLP) and commercial driver's license (CDL) applications from individuals relocating from Puerto Rico. The CVTA explained that it is seeking the exemption to assist citizens of Puerto Rico relocating from the U.S. territory to any of the States in the aftermath of Hurricane Irma. Through this exemption the SDLA would be allowed to follow the Department of Homeland Security's exception process for persons who, for reasons beyond their control, are unable to present all necessary documents and must rely on alternate documents to establish identity. A CLP document issued under this exemption must be limited to 90 days' validity and is subject to the applicant being actively enrolled in a CDL training school within that State. A CDL document issued under this exemption must be limited to six months' validity, at which time the individual would be required to provide proof that the State that issued the CDL is his/her State of domicile. All other requirements must be satisfied upon initial issuance of the CLP or CDL. Elsewhere in today's issue of the Federal Register, the Agency has granted a limited 90-day waiver to provide the States with this flexibility in the short- term while the exemption is under consideration.

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)

[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7288-7289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03363]



[[Page 7288]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0374]


Commercial Driver's License Standards; Commercial Vehicle 
Training Association's Exemption Application for States To Facilitate 
the Issuance of Licensing Documents to Citizens of Puerto Rico

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

ACTION: Notice of exemption application; request for public comment.

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SUMMARY: FMCSA announces that it has received an application from the 
Commercial Vehicle Training Association (CVTA) on behalf of the States 
for an exemption from concerning proof of U.S. citizenship or lawful 
permanent residence, and concerning proof that the State to which the 
application is made is the applicant's State of domicile, to enable 
State driver licensing agencies (SDLAs) to accept commercial learner's 
permit (CLP) and commercial driver's license (CDL) applications from 
individuals relocating from Puerto Rico. The CVTA explained that it is 
seeking the exemption to assist citizens of Puerto Rico relocating from 
the U.S. territory to any of the States in the aftermath of Hurricane 
Irma. Through this exemption the SDLA would be allowed to follow the 
Department of Homeland Security's exception process for persons who, 
for reasons beyond their control, are unable to present all necessary 
documents and must rely on alternate documents to establish identity. A 
CLP document issued under this exemption must be limited to 90 days' 
validity and is subject to the applicant being actively enrolled in a 
CDL training school within that State. A CDL document issued under this 
exemption must be limited to six months' validity, at which time the 
individual would be required to provide proof that the State that 
issued the CDL is his/her State of domicile. All other requirements 
must be satisfied upon initial issuance of the CLP or CDL. Elsewhere in 
today's issue of the Federal Register, the Agency has granted a limited 
90-day waiver to provide the States with this flexibility in the short-
term while the exemption is under consideration.

DATES: Comments must be submitted no later than March 22, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0374 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    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: Ms. Nikki McDavid, Chief of the 
Commercial Driver's License Division, Office of Safety Programs, 202-
366-0831, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2017-0374), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. 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 phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2017-0374'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in 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 grant or not grant this application 
based on your comments.

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations (FMCSRs). FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public an opportunity to inspect the information relevant 
to the application, including any safety analyses that have been 
conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The

[[Page 7289]]

exemption may be renewed (49 CFR 381.300(b)).
    The Administrator of FMCSA has been delegated authority under 49 
CFR 1.73(g) to carry out the functions vested in the Secretary by 49 
U.S.C. chapter 311, subchapters I and III, relating to commercial motor 
vehicle programs and safety regulation.

Background

    Currently, FMCSA requires individuals seeking a CDL to provide to 
the State proof of citizenship or lawful permanent residency. The 
FMCSRs include a list of acceptable documents States may accept as 
proof of citizenship or lawful permanent residency (see Table 1 to 49 
CFR 383.71). FMCSA also requires each person to provide proof that the 
State to which the CDL application is submitted is his/her State of 
domicile.

CVTA's Request

    The CVTA requested relief from FMCSA's CDL requirements concerning 
proof of U.S. citizenship and domicile in the State that issues the 
commercial learner's permit (CLP) or commercial driver's license (CDL) 
to enable citizens of Puerto Rico who seek training at commercial 
driving schools in any of the 50 States or the District of Columbia. In 
the aftermath of Hurricane Irma, a number of residents of Puerto Rico 
have or will soon relocate from the U.S. Territory to one of the 
States. Some of these residents of Puerto Rico may wish to pursue a 
career as a commercial motor vehicle driver upon arrival in any of the 
States.
    The CVTA requests that FMCSA provide an exemption allowing the 
SDLAs the same flexibility that the DHS provides in its Real ID rules 
(see 6 CFR 37.11(h)), when, for reasons beyond their control, an 
applicant for a Real ID is unable to present necessary documents and 
must rely on alternate methods to establish identity. The CVTA also 
requests that FMCSA provide an exemption allowing CLP candidates to 
provide a temporary address for the purposes of obtaining the CLP and 
CDL. The organization suggests that States limit the duration of the 
CDL document to 6 months before it must be renewed and require a long-
term or permanent address, at that time. CVTA argues that the 
limitations of the exemption would achieve the requisite level of 
safety by preventing individuals from maintaining a CDL with no known 
permanent address. A copy of the CVTA's request is included in the 
docket identified at the beginning of this notice.

    Issued on: February 9, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03363 Filed 2-16-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 7289

exemption may be renewed (49 CFR Issued on: February 9, 2018. that would be achieved by complying
381.300(b)). Larry W. Minor, with the regulation, based on the terms
The Administrator of FMCSA has Associate Administrator for Policy. and conditions imposed.
been delegated authority under 49 CFR [FR Doc. 2018–03363 Filed 2–16–18; 8:45 am] DATES: This waiver is applicable
1.73(g) to carry out the functions vested BILLING CODE 4910–EX–P February 20, 2018 and expires on May
in the Secretary by 49 U.S.C. chapter 21, 2018.
311, subchapters I and III, relating to FOR FURTHER INFORMATION CONTACT: Ms.
commercial motor vehicle programs and DEPARTMENT OF TRANSPORTATION Nikki McDavid, Chief of the
safety regulation. Commercial Driver’s License Division,
Federal Motor Carrier Safety Office of Safety Programs, 202–366–
Background Administration 0831, Federal Motor Carrier Safety
Currently, FMCSA requires Administration, 1200 New Jersey
individuals seeking a CDL to provide to Commercial Driver’s License
Avenue SE, Washington, DC 20590–
the State proof of citizenship or lawful Standards; Waiver for States To
0001.
permanent residency. The FMCSRs Facilitate the Issuance of Licensing
Documents to Former Residents of SUPPLEMENTARY INFORMATION:
include a list of acceptable documents
States may accept as proof of citizenship Puerto Rico Legal Basis
or lawful permanent residency (see AGENCY: Federal Motor Carrier Safety The Transportation Equity Act for the
Table 1 to 49 CFR 383.71). FMCSA also Administration (FMCSA), DOT. 21st Century (TEA–21) (Pub. L. 105–
requires each person to provide proof ACTION: Notice; grant of waiver. 178, 112 Stat. 107, June 9, 1998)
that the State to which the CDL provides the Secretary of Transportation
application is submitted is his/her State SUMMARY: FMCSA grants a limited 90- (the Secretary) the authority to grant
of domicile. day waiver from certain requirements waivers from any of the Federal Motor
CVTA’s Request concerning proof of U.S. citizenship or Carrier Safety Regulations (FMCSRs)
legal permanent residence and domicile issued under Chapter 313 of Title 49 of
The CVTA requested relief from to enable State driver licensing agencies the United States Code or 49 U.S.C.
FMCSA’s CDL requirements concerning (SDLAs) to accept commercial learner’s 31136, to a person(s) seeking regulatory
proof of U.S. citizenship and domicile permit (CLP) and commercial driver’s relief. 49 U.S.C. 31315(a). The Secretary
in the State that issues the commercial license (CDL) applications from must make a determination that the
learner’s permit (CLP) or commercial individuals relocating from Puerto Rico waiver is in the public interest, and that
driver’s license (CDL) to enable citizens as a result of hurricanes Irma and Maria. it is likely to achieve a level of safety
of Puerto Rico who seek training at This action is being taken in response to that is equivalent to, or greater than, the
commercial driving schools in any of a request from the Commercial Vehicle level of safety that would be obtained in
the 50 States or the District of Columbia. Training Association (CVTA) to assist the absence of the waiver. Individual
In the aftermath of Hurricane Irma, a residents of Puerto Rico relocating from waivers may only be granted for a
number of residents of Puerto Rico have the U.S. territory to any of the States in specific unique, non-emergency event,
or will soon relocate from the U.S. the aftermath of hurricanes Irma and for a period up to three months. TEA–
Territory to one of the States. Some of Maria. Through this waiver, the SDLAs 21 authorizes the Secretary to grant
these residents of Puerto Rico may wish may follow the Department of waivers without requesting public
to pursue a career as a commercial Homeland Security’s exception process comment, and without providing public
motor vehicle driver upon arrival in any for persons who, for reasons beyond notice.
of the States. their control, are unable to present proof The Administrator of FMCSA has
The CVTA requests that FMCSA of legal permanent residency or U.S. been delegated authority under 49 CFR
provide an exemption allowing the citizenship. Further, this waiver 1.73(g) to carry out the functions vested
SDLAs the same flexibility that the DHS provides a procedure under which in the Secretary by 49 U.S.C. chapter
provides in its Real ID rules (see 6 CFR persons who intend to domicile in the 311, subchapters I and III, relating to
37.11(h)), when, for reasons beyond State of application may receive commercial motor vehicle programs and
their control, an applicant for a Real ID additional time to provide proof safety regulation.
is unable to present necessary establishing that the State of application
documents and must rely on alternate is the State of domicile. A CLP Background
methods to establish identity. The document issued under this waiver may The FMCSA received an application
CVTA also requests that FMCSA not be valid for more than 90 days and for both a waiver and an exemption
provide an exemption allowing CLP must require the applicant to be actively from the CVTA. The CVTA requested
candidates to provide a temporary enrolled in a CDL training school within relief from FMCSA’s CDL requirements
address for the purposes of obtaining that State. A CDL document issued concerning proof of U.S. citizenship and
the CLP and CDL. The organization under this waiver may not be valid for domicile in the State that issues the CLP
suggests that States limit the duration of more than six months, by which time or CDL to enable citizens of Puerto Rico
the CDL document to 6 months before the individual is required to provide to seek training at commercial driving
it must be renewed and require a long- proof as required under existing schools in any of the 50 States or the
term or permanent address, at that time. regulations that the State that issued the District of Columbia. Elsewhere in
CVTA argues that the limitations of the CDL is his/her State of domicile. All
sradovich on DSK3GMQ082PROD with NOTICES

today’s issue of the Federal Register
exemption would achieve the requisite other CLP and CDL licensing FMCSA seeks public comment on
level of safety by preventing individuals requirements must be satisfied upon CVTA’s exemption application.
from maintaining a CDL with no known initial issuance of the CLP or CDL. The Currently, FMCSA requires
permanent address. A copy of the Agency has determined that the waiver individuals seeking a CLP or CDL to
CVTA’s request is included in the is within the public interest and would provide the State of application proof of
docket identified at the beginning of this likely achieve a level of safety that is citizenship or legal permanent
notice. equivalent to, or greater than, the level residency. The FMCSRs include a list of

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Document Created: 2018-02-17 02:29:49
Document Modified: 2018-02-17 02:29:49

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 exemption application; request for public comment.
Dates		Comments must be submitted no later than March 22, 2018.
Contact		Ms. Nikki McDavid, Chief of the Commercial Driver's License Division, Office of Safety Programs, 202- 366-0831, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation		83 FR 7288

83 FR 7288 - Commercial Driver's License Standards; Commercial Vehicle Training Association's Exemption Application for States To Facilitate the Issuance of Licensing Documents to Citizens of Puerto Rico

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 34 (February 20, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration