Driver Qualifications: Skill Performance Evaluation; Virginia Department of Motor Vehicles' Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
July 9, 2013

[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41187-41188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16461]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0147]


Driver Qualifications: Skill Performance Evaluation; Virginia 
Department of Motor Vehicles' Application for Exemption

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

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

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SUMMARY: FMCSA announces receipt of an application for exemption from 
the Virginia Department of Motor Vehicles (Virginia), 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 in interstate commerce. The exemption 
would enable Virginia-licensed drivers subject to the Federal SPE 
requirements under 49 CFR 391.49, to fulfill the Federal requirements 
with a State-issued SPE. The State-issued SPE would be based on 
standards, processes and procedures comparable to those used by FMCSA, 
and the State would maintain copies of all evaluation forms and 
certificates issued to enable FMCSA to conduct periodic reviews of the 
program.

DATES: Comments must be received on or before August 8, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2013-0147 by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
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 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. 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 for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Federal 
Docket Management System (FDMS) is available 24 hours each day, 365 
days each year. If you want acknowledgement that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the FDMS published in the Federal 
Register published on January 17, 2008 (73 FR 3316) or you may visit 
http://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen Nolan, Office of Carrier, 
Driver and Vehicle Safety, Medical Programs Division, (202) 366-4001, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    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. 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

[[Page 41188]]

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 exemption may be renewed (49 CFR 381.300(b)).

Virginia's Exemption Application

    The Virginia DMV is requesting an exemption from 49 CFR 391.49 
concerning FMCSA's SPE process for drivers who have experienced an 
impairment or loss of a limb, on behalf of commercial motor vehicle 
(CMV) drivers licensed in the Commonwealth of Virginia. Instead of 
requiring such drivers to apply to FMCSA for an SPE, Virginia would 
establish its own SPE program essentially identical to the current 
FMCSA program. Virginia would establish an application process modeled 
on the FMCSA process, and State personnel who have completed SPE 
training identical to that of FMCSA personnel currently administering 
the Federal SPE program would conduct the skill test following the same 
procedures and testing criteria used by FMCSA. If the driver passed the 
skill test, the State would issue the SPE certificate. Virginia would 
maintain records of applications, testing, and certificates issued for 
periodic review by FMCSA.
    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. If FMCSA decided to grant Virginia's 
request, the exemption would amount to automatic Federal ratification 
of each State-issued SPE certificate and would therefore prohibit other 
jurisdictions from requiring a separate FMCSA-issued SPE. The State-
issued certificate would be treated as if it had been issued by FMCSA. 
Virginia-licensed drivers who receive the State-issued SPE would be 
allowed to operate CMVs in interstate commerce, anywhere in the United 
States. A copy of the exemption application is included in the docket.

Request for Comments

    FMCSA requests public comments on Virginia's exemption application. 
The Agency will consider all comments submitted to the public docket 
referenced at the beginning of this notice and determine whether the 
exemption would achieve a level of safety equivalent to the Federal SPE 
process, and consistent with the statutory requirements for exemptions 
under 49 U.S.C. 31136(e) and 31315(b)(1).

    Issued on: July 2, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-16461 Filed 7-8-13; 8:45 am]
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