Commercial Driver's License: Oregon Department of Transportation; Application for Exemption

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
5 April 2016

[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19703-19705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07730]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0397]


Commercial Driver's License: Oregon Department of Transportation; 
Application for Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant the Oregon Department of 
Transportation (ODOT) a limited exemption from the commercial learner's 
permit (CLP) requirement in 49 CFR 383.25(c). All State Driver's 
Licensing Agencies (SDLAs) are allowed to use this exemption at their 
discretion. The exemption will allow ODOT and participating SDLAs to 
extend to one year the 180-day timeline for the CLP from the date of 
issuance, without requiring the CLP holder to retake the general and 
endorsement knowledge tests. Under the exemption, an applicant wishing 
to have a new CLP after the previous one expires will be required to 
take all applicable tests before a new CLP is issued.

DATES: This exemption is effective April 5, 2016, and expires April 5, 
2018.

ADDRESSES:
    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: Mrs. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards;

[[Page 19704]]

Telephone: 202-366-4325, Email: MCPSD@dot.gov, Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001. If you have questions on viewing material in the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2015-0397 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., 
e.t., Monday through Friday, except Federal holidays.

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

III. Request for Exemption

    ODOT requested an exemption from the Agency's CLP requirement in 49 
CFR 383.25(c). The regulation provides that the CLP be valid for no 
more than 180 days from the date of issuance. The State may renew the 
CLP for an additional 180 days without requiring the CLP holder to 
retake the general and endorsement knowledge tests. ODOT proposed that 
it be allowed to extend the 180-day timeline to one year for CLPs 
issued to its drivers.
    ODOT provided multiple reasons for regulatory relief from the CLP 
rule. First, ODOT believes that the 180-day time line required to renew 
the CLP adds nothing to the effectiveness of the rule itself, the 
purpose of which is to ``enhance safety by ensuring that only qualified 
drivers are allowed to operate commercial vehicles on our nation's 
highways'' (76 FR 26854, May 9, 2011). ODOT asserts that neither FMCSA 
staff nor the States were able to identify any highway safety 
enhancement arising from this requirement. ODOT states that it is 
unaware of any data suggesting that persons who have not renewed their 
CLP or obtained their CDL within six months pose less risk on the 
Nation's highways.
    Second, ODOT agrees that requiring CLP holders to retake the 
knowledge test after not obtaining a CDL within one year improves 
highway safety, but disagrees that the requirement for renewal at six 
months is needed. According to ODOT, if the exemption is granted, 
ODOT's CLP would have a validity period of one year with no renewal 
allowed. All applicable knowledge tests would be required before a new 
CLP could be issued, which would accomplish the objective of not 
allowing a person to have a CLP longer than one year without passing 
knowledge tests.
    The third reason for the request is that Oregon's ``Department of 
Motor Vehicle (DMV) field offices have a very large volume of work to 
accomplish and, at best, limited resources with which to accomplish it. 
Adding the bureaucratic requirement for a CLP holder to visit a DMV 
office and pay a fee in order to get a second six months of CLP 
validity will add unnecessary workload to offices already stretched to 
the limit. ODOT is confident there would be no negative impact on 
safety if the exemption is granted.''
    According to ODOT, ``If this exemption is not granted, Oregon 
drivers with CLPs who have not passed the CDL skills test within six 
months of CLP issuance would have to go to a DMV office and pay for a 
renewal of the CLP. This would cause undue hardship to the drivers, 
from the perspectives of both their time and their pocketbooks. It 
would also cause undue hardship to our agency, where scarce resources 
would be used to process bureaucratic transactions that add nothing to 
highway safety.''
    In addition, because the issues concerning ODOT's request could be 
applicable in each State, FMCSA requested public comment on whether the 
exemption, if granted, should apply to all SDLAs.

VI. Public Comments

    On November 27, 2015, FMCSA published notice of this application 
and requested public comment (80 FR 74199). The Agency received 10 
comments representing various interests in response to the proposed 
exemption.
    Six comments received in support of the exemption were from the 
Alabama Law Enforcement Agency (ALEA); Colorado Department of Revenue 
CDL Unit (Colorado); New York Department of Motor Vehicles (New York 
DMV); Oregon Trucking Associations, Inc. (OTA); and two individuals.
    The ALEA commented that ``this requirement is an added financial 
burden to the CLP holder by having to pay additional fees for renewal 
and if applicable, any re-testing fees. Therefore, ALEA is in complete 
agreement with the Oregon Department of Transportation in their 
petition to allow the CLP to be valid for one year.''
    Colorado commented ``Regarding FMCSA's request that should this be 
applicable to all states. Colorado is concerned that 77% of the SDLA's 
have already made the programming changes to issue only a 180 day CLP. 
Making a change at this point could be very confusing and possibly 
expensive for SDLA's and the CDL industry. Colorado would suggest that 
FMCSA leave the rule as is. However, Colorado would also suggest that 
FMCSA work with ODOT one on one regarding this issue to determine if an 
exemption should be granted to ODOT. If FMCSA believes an exemption 
should be granted to ODOT, Colorado would support FMCSA granting 
Oregon's exemption request.''
    The New York DMV commented that ``New York supports granting 
Oregon's request for an exemption from 49 CFR 383.25(c) which requires 
that a CLP must be valid for no more than 180 days. The exemption 
should apply to all SDLAs, allowing states to set their own CLP 
expiration date, provided the CLP's validity does not exceed one 
year.''
    The OTA commented ``FMCSA has asked if the exemption requested by 
ODOT should be extended to other states? Our response is, absolutely 
and we believe FMCSA should go one step further and change the 
underlying regulation to allow issuance of a CLP for 1-year.''

[[Page 19705]]

    Mr. Vardis Gaus wrote ``I believe this extension to be valid.''
    Mr. Daniel Tucker commented ``As a CDL driver, instructor and 
state-certified third-party evaluator I believe this proposal/request 
makes all the sense in the world. Allowing up-to a year practice and 
development for an entry level driver candidate or re-entering driver 
allows them to take as much time necessary to build (or rebuild) 
skills.''
    Four comments opposing the exemption were from the Commercial 
Vehicle Training Association (CVTA) and three individuals.
    The CVTA summarized its opposition to the exemption by stating ``We 
urge FMCSA to deny ODOT's request for an exemption from the 180-day CLP 
renewal requirement. Granting such an exemption carries serious safety 
concerns and sends the wrong message regarding FMCSA's willingness to 
accommodate underfunded CDL programs across the Country. Granting this 
exemption would signal to states that FMCSA will not only tolerate 
state practices of underfunding CDL programs, but will accommodate 
them. Moreover, granting this exemption would undercut Congress' recent 
efforts to put greater pressure on FMCSA and states to ensure that 
state CDL programs are more adequately funded and efficiently 
administered.''
    Josh Anonymous wrote ``Don't do it. Six months is plenty.''
    Mr. Roland Doe wrote ``Send a message to such an unfriendly 
bureaucracy: NO dice on the waiver request. If other states can meet 
the Federal requirement--and the majority of them are much easier to do 
business with--even California--so can ODOT.''
    Mr. Gary Scott commented that ``A learner's permit should only be 
valid for 6 months. If a person cannot achieve a level of proficiency 
within that time period to acquire a permanent CDL then maybe they 
should consider another line of work.''
    All comments are available for review in the docket for this 
notice.

V. FMCSA Response and Decision

    The FMCSA has evaluated ODOT's application on its merits following 
full consideration of the comments submitted to the docket, and has 
decided to grant the exemption from 49 CFR 383.25(c) for a period of 2 
years. The exemption covers ODOT and all SDLAs. Extending the exemption 
to cover all SDLAs, at their discretion, will preclude the need for 
other SDLAs choosing to use the exemption to file identical exemption 
requests. FMCSA believes that safety would not be diminished by 
allowing a validity period of one year for the CLP. The maximum time 
allowed between taking the knowledge tests and obtaining the CDL is 12 
months under the current rule and under the exemption. The exemption 
avoids the necessity of obtaining a renewal of the CLP after 6 months 
if the State chooses to allow that. FMCSA determined that the exemption 
would maintain a level of safety equivalent to, or greater than, the 
level achieved without the exemption (49 CFR 381.305(a)).

    Issued on: March 25, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-07730 Filed 4-4-16; 8:45 am]
BILLING CODE 4910-EX-P