83 FR 7289 - Commercial Driver's License Standards; Waiver for States To Facilitate the Issuance of Licensing Documents to Former Residents of Puerto Rico
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 34 (February 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 34 (February 20, 2018)
| Page Range | 7289-7290 | |
| FR Document | 2018-03362 |
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)] [Notices] [Pages 7289-7290] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03362] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Commercial Driver's License Standards; Waiver for States To Facilitate the Issuance of Licensing Documents to Former Residents of Puerto Rico AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; grant of waiver. ----------------------------------------------------------------------- SUMMARY: FMCSA grants a limited 90-day waiver from certain requirements concerning proof of U.S. citizenship or legal permanent residence and 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 as a result of hurricanes Irma and Maria. This action is being taken in response to a request from the Commercial Vehicle Training Association (CVTA) to assist residents of Puerto Rico relocating from the U.S. territory to any of the States in the aftermath of hurricanes Irma and Maria. Through this waiver, the SDLAs may follow the Department of Homeland Security's exception process for persons who, for reasons beyond their control, are unable to present proof of legal permanent residency or U.S. citizenship. Further, this waiver provides a procedure under which persons who intend to domicile in the State of application may receive additional time to provide proof establishing that the State of application is the State of domicile. A CLP document issued under this waiver may not be valid for more than 90 days and must require the applicant to be actively enrolled in a CDL training school within that State. A CDL document issued under this waiver may not be valid for more than six months, by which time the individual is required to provide proof as required under existing regulations that the State that issued the CDL is his/her State of domicile. All other CLP and CDL licensing requirements must be satisfied upon initial issuance of the CLP or CDL. The Agency has determined that the waiver is within the public interest and would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with the regulation, based on the terms and conditions imposed. DATES: This waiver is applicable February 20, 2018 and expires on May 21, 2018. 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: Legal Basis The Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of Transportation (the Secretary) the authority to grant waivers from any of the Federal Motor Carrier Safety Regulations (FMCSRs) issued under Chapter 313 of Title 49 of the United States Code or 49 U.S.C. 31136, to a person(s) seeking regulatory relief. 49 U.S.C. 31315(a). The Secretary must make a determination that the waiver is in the public interest, and that it is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. Individual waivers may only be granted for a specific unique, non-emergency event, for a period up to three months. TEA-21 authorizes the Secretary to grant waivers without requesting public comment, and without providing public notice. 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 The FMCSA received an application for both a waiver and an exemption from the CVTA. The CVTA requested relief from FMCSA's CDL requirements concerning proof of U.S. citizenship and domicile in the State that issues the CLP or CDL to enable citizens of Puerto Rico to seek training at commercial driving schools in any of the 50 States or the District of Columbia. Elsewhere in today's issue of the Federal Register FMCSA seeks public comment on CVTA's exemption application. Currently, FMCSA requires individuals seeking a CLP or CDL to provide the State of application proof of citizenship or legal permanent residency. The FMCSRs include a list of [[Page 7290]] acceptable documents States may accept as proof of citizenship or legal permanent residency (see Table 1 to 49 CFR 383.71). FMCSA also requires each person to provide proof that the State to which the CLP or CDL application is submitted is his/her State of domicile. The State must require compliance with the standards for establishing proof of citizenship or legal permanent residency, and domicile. In the aftermath of hurricanes Irma and Maria, 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 may wish to pursue a career as a commercial motor vehicle driver upon arrival in any of the States. However, because of the hurricanes, these individuals may not possess certain documents otherwise necessary to establish U.S. citizenship or legal permanent residency under the CLP and CDL regulations. Similarly, the former residents impacted by the hurricanes may not be immediately capable of providing documentation establishing domicile within the application State under the CLP and CDL regulations. CVTA's Request The CVTA requests that FMCSA provide a limited 90-day waiver 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 asks FMCSA to issue a waiver 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 waiver would achieve the requisite level of safety by preventing individuals from maintaining a CDL with no known permanent address. FMCSA Decision FMCSA has reviewed the CVTA request and DHS' exception process in 6 CFR 37.11(h)) and concluded that the waiver is needed to address the unique, non-emergency situation caused by hurricanes Irma and Maria. The aftermath of those hurricanes resulted in a significant number of citizens of Puerto Rico relocating to various States. While FMCSA's rules under 49 CFR part 383 do not include an exception process for proof of U.S. citizenship or legal permanent residence for individuals seeking a CLP or CDL, the Agency believes the DHS exception process in 6 CFR 37.11(h) provides a proven alternative for use in dealing with individuals who, for reasons beyond their control, are unable to present the required documents and must rely on alternate methods to establish U.S. citizenship or legal permanent residence. Because the exception process has been proven effective by DHS and the States, FMCSA believes the waiver would achieve the requisite level of safety provided by complying with 383.71(a)(2)(v), 49 CFR 383.71(b)(9), 49 CFR 383.73(a)(2)(vi), and 49 CFR 383.73(b)(6) concerning proof of U.S. citizenship or legal permanent residence. Because the initial relocation from Puerto Rico would take place shortly before the drivers begin the training necessary to obtain a CLP, these individuals likely will be unable to provide the documentation necessary to establish a ``State of domicile'' as defined in 49 CFR 383.5 prior to the completion of the CDL training program and the acceptance of a job driving commercial motor vehicles. The CVTA's request suggests a 6-month period for those individuals obtaining a CDL to provide proof of permanent domicile within a State, subsequently updating the CDL record with a permanent address and thereby satisfying the domicile requirements. FMCSA believes the 6-month limitation, the States' use of the DHS exceptions for these CDL applicants to provide legal permanent residence or U.S. citizenship, and the other conditions stated below would achieve the requisite level of safety that would otherwise be provided by requiring proof of domicile at the time of application under 49 CFR 383.71(a)(2)(vi), 49 CFR 383.71(b)(10), 49 CFR 383.73(a)(2)(vi), and 49 CFR 383.73(b)(6). Terms and Conditions of the Waiver FMCSA grants former residents of Puerto Rico relocating as a result of hurricanes Irma and Maria a limited 90-day waiver from 49 CFR 383.71(a)(2)(v) and 383.71(b)(9) concerning proof of U.S. citizenship or legal permanent residence. FMCSA also grants SDLA's a limited 90-day waiver from 49 CFR 383.73(a)(2)(vi) and 383.73(b)(6) concerning proof of U.S. citizenship or legal permanent residence. SDLAs choosing to assist Puerto Rican citizens under this waiver must follow DHS's exception process. FMCSA grants former residents of Puerto Rico relocating as a result of hurricanes Irma and Maria, a limited 90-day waiver from the requirement to provide proof of domicile at the time of application under 49 CFR 383.71(a)(2)(vi) and 383.71(b)(10). FMCSA also grants SDLAs a limited 90-day waiver from 49 CFR 383.73(a)(vi), 383.73(b)(6) and authorizes them to extend the time within which an applicant must provide proof of domicile and issue a CLP or CDL under the limitations set forth in this waiver. Under this waiver, at the time of application, the CLP applicant must be actively enrolled in a CDL training school within the State of application and provide proof of that enrollment. A CLP document issued under this waiver may not be valid for more than 90 days. The CLP must include all other CLP regulatory requirements. Should any individual with a CLP granted under this waiver leave the training program for any reason prior to earning a CDL, the CLP shall be cancelled by the SDLA immediately. The SDLA shall be responsible for implementing any procedures within the State to ensure compliance with this requirement. A CDL issued under this waiver is limited to six months validity and may not be renewed unless the State complies with 383.73(b)(6) and requires the individual to comply with 49 CFR 383.71(a)(2)(vi) by providing proof that the State to which the application is made is the applicant's State of domicile as defined by 383.5. The SDLA must submit to [email protected] a list of all individuals who are issued CLPs or CDLs under the terms and conditions of this waiver, on a monthly basis. The SDLA must comply with all other requirements of parts 383.71 and 383.73. This waiver is applicable February 20, 2018 through May 21, 2018. Safety Considerations Considering the limited period of this waiver, the fact that it does not alter any of the knowledge and skills testing requirements for obtaining a CDL, and the conditions set forth above, the Agency has determined that the waiver is likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulations. Issued on: February 9, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018-03362 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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![7290 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices
acceptable documents States may accept permanent residence for individuals day waiver from the requirement to
as proof of citizenship or legal seeking a CLP or CDL, the Agency provide proof of domicile at the time of
permanent residency (see Table 1 to 49 believes the DHS exception process in 6 application under 49 CFR
CFR 383.71). FMCSA also requires each CFR 37.11(h) provides a proven 383.71(a)(2)(vi) and 383.71(b)(10).
person to provide proof that the State to alternative for use in dealing with FMCSA also grants SDLAs a limited 90-
which the CLP or CDL application is individuals who, for reasons beyond day waiver from 49 CFR 383.73(a)(vi),
submitted is his/her State of domicile. their control, are unable to present the 383.73(b)(6) and authorizes them to
The State must require compliance with required documents and must rely on extend the time within which an
the standards for establishing proof of alternate methods to establish U.S. applicant must provide proof of
citizenship or legal permanent citizenship or legal permanent
domicile and issue a CLP or CDL under
residency, and domicile. residence. Because the exception
In the aftermath of hurricanes Irma the limitations set forth in this waiver.
process has been proven effective by
and Maria, a number of residents of DHS and the States, FMCSA believes Under this waiver, at the time of
Puerto Rico have or will soon relocate the waiver would achieve the requisite application, the CLP applicant must be
from the U.S. Territory to one of the level of safety provided by complying actively enrolled in a CDL training
States. Some of these residents may with 383.71(a)(2)(v), 49 CFR school within the State of application
wish to pursue a career as a commercial 383.71(b)(9), 49 CFR 383.73(a)(2)(vi), and provide proof of that enrollment. A
motor vehicle driver upon arrival in any and 49 CFR 383.73(b)(6) concerning CLP document issued under this waiver
of the States. However, because of the proof of U.S. citizenship or legal may not be valid for more than 90 days.
hurricanes, these individuals may not permanent residence. The CLP must include all other CLP
possess certain documents otherwise Because the initial relocation from regulatory requirements. Should any
necessary to establish U.S. citizenship Puerto Rico would take place shortly individual with a CLP granted under
or legal permanent residency under the before the drivers begin the training this waiver leave the training program
CLP and CDL regulations. Similarly, the necessary to obtain a CLP, these for any reason prior to earning a CDL,
former residents impacted by the individuals likely will be unable to the CLP shall be cancelled by the SDLA
hurricanes may not be immediately provide the documentation necessary to immediately. The SDLA shall be
capable of providing documentation establish a ‘‘State of domicile’’ as responsible for implementing any
establishing domicile within the defined in 49 CFR 383.5 prior to the procedures within the State to ensure
application State under the CLP and completion of the CDL training program compliance with this requirement.
CDL regulations. and the acceptance of a job driving
commercial motor vehicles. The CVTA’s A CDL issued under this waiver is
CVTA’s Request limited to six months validity and may
request suggests a 6-month period for
The CVTA requests that FMCSA those individuals obtaining a CDL to not be renewed unless the State
provide a limited 90-day waiver provide proof of permanent domicile complies with 383.73(b)(6) and requires
allowing the SDLAs the same flexibility within a State, subsequently updating the individual to comply with 49 CFR
that the DHS provides in its Real ID the CDL record with a permanent 383.71(a)(2)(vi) by providing proof that
rules (see 6 CFR 37.11(h)), when, for address and thereby satisfying the the State to which the application is
reasons beyond their control, an domicile requirements. FMCSA believes made is the applicant’s State of domicile
applicant for a Real ID is unable to the 6-month limitation, the States’ use as defined by 383.5. The SDLA must
present necessary documents and must of the DHS exceptions for these CDL submit to MCPSD@dot.gov a list of all
rely on alternate methods to establish applicants to provide legal permanent individuals who are issued CLPs or
identity. The CVTA also asks FMCSA to residence or U.S. citizenship, and the CDLs under the terms and conditions of
issue a waiver allowing CLP candidates other conditions stated below would this waiver, on a monthly basis. The
to provide a temporary address for the achieve the requisite level of safety that SDLA must comply with all other
purposes of obtaining the CLP and CDL. would otherwise be provided by
The organization suggests that States requirements of parts 383.71 and
requiring proof of domicile at the time
limit the duration of the CDL document 383.73.
of application under 49 CFR
to 6 months before it must be renewed 383.71(a)(2)(vi), 49 CFR 383.71(b)(10), This waiver is applicable February 20,
and require a long-term or permanent 49 CFR 383.73(a)(2)(vi), and 49 CFR 2018 through May 21, 2018.
address at that time. CVTA argues that 383.73(b)(6).
the limitations of the waiver would Safety Considerations
achieve the requisite level of safety by Terms and Conditions of the Waiver
Considering the limited period of this
preventing individuals from FMCSA grants former residents of waiver, the fact that it does not alter any
maintaining a CDL with no known Puerto Rico relocating as a result of
of the knowledge and skills testing
permanent address. hurricanes Irma and Maria a limited 90-
requirements for obtaining a CDL, and
day waiver from 49 CFR 383.71(a)(2)(v)
FMCSA Decision and 383.71(b)(9) concerning proof of the conditions set forth above, the
FMCSA has reviewed the CVTA U.S. citizenship or legal permanent Agency has determined that the waiver
request and DHS’ exception process in residence. FMCSA also grants SDLA’s a is likely achieve a level of safety
6 CFR 37.11(h)) and concluded that the limited 90-day waiver from 49 CFR equivalent to, or greater than, the level
waiver is needed to address the unique, 383.73(a)(2)(vi) and 383.73(b)(6) that would be achieved by complying
non-emergency situation caused by with the current regulations.
sradovich on DSK3GMQ082PROD with NOTICES
concerning proof of U.S. citizenship or
hurricanes Irma and Maria. The legal permanent residence. SDLAs Issued on: February 9, 2018.
aftermath of those hurricanes resulted in choosing to assist Puerto Rican citizens Cathy F. Gautreaux,
a significant number of citizens of under this waiver must follow DHS’s
Deputy Administrator.
Puerto Rico relocating to various States. exception process.
While FMCSA’s rules under 49 CFR part FMCSA grants former residents of [FR Doc. 2018–03362 Filed 2–16–18; 8:45 am]
383 do not include an exception process Puerto Rico relocating as a result of BILLING CODE 4910–EX–P
for proof of U.S. citizenship or legal hurricanes Irma and Maria, a limited 90-
VerDate Sep<11>2014 17:55 Feb 16, 2018 Jkt 244001 PO 00000 Frm 00155 Fmt 4703 Sfmt 9990 E:\FR\FM\20FEN1.SGM 20FEN1](https://thefederalregister.org/doc/83_FR_7323/page/2.svg)
Document Created: 2018-02-17 02:29:16
Document Modified: 2018-02-17 02:29:16
| 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; grant of waiver. | |
| Dates | This waiver is applicable February 20, 2018 and expires on May 21, 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 7289 |
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