Commercial Driver's License: Missouri Department of Revenue (DOR); Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
11 April 2016

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21443-21444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08208]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0118]


Commercial Driver's License: Missouri Department of Revenue 
(DOR); Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the 
Missouri DOR for a limited exemption from the Agency's commercial 
driver's license (CDL) regulations. These regulations allow a State to 
waive the CDL skills test for applicants regularly employed or 
previously employed within the last 90 days in a military position 
requiring operation of a commercial motor vehicle (CMV). The Missouri 
DOR proposes that it be allowed to extend the 90-day timeline to one 
year following the driver's separation from military service. The 
Missouri DOR believes the 90-day timeframe is too short to take 
advantage of the waiver for many of the qualified discharged veterans 
reentering and settling into civilian life. FMCSA requests public 
comment on this application for exemption. In addition, because the 
issues concerning the Missouri request could be applicable in each of 
the States, FMCSA requests public comment whether the exemption, if 
granted, should cover all State Driver's Licensing Agencies (SDLAs).

DATES: Comments must be received on or before May 11, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0118 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. 
E.T., 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: For information concerning this 
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle

[[Page 21444]]

Safety Standards; Telephone: 202-366-2718. Email: MCPSD@dot.gov. 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

    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-2016-0118), 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 comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0118'' 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain 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 exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    The Missouri DOR requests an exemption from 49 CFR 383.77(b)(1), 
which allows States to waive the skills test described in Sec.  383.113 
for applicants regularly employed or previously employed within the 
last 90 days in a military position requiring operation of a CMV. The 
Missouri DOR proposes that it be allowed to extend the 90-day timeline 
to one year following the driver's separation from military service.
    The Missouri DOR contends that the 90-day timeframe is too short 
for many of the qualified veterans to utilize while reentering civilian 
life. They state that the Department has utilized the military waiver 
program for years and one of the most common reasons the applicant is 
not eligible is because the application is beyond the 90-day timeframe. 
Furthermore, the industry need for new drivers is continually growing 
each year and providing additional flexibility in Sec.  383.77(b)(1) 
will help offset that need by transitioning fully-trained military 
veterans into civilian employment. They further state that it is their 
goal to assure highway safety by licensing qualified veterans seeking 
employment following discharge. A more accessible waiver period would 
assist in meeting this goal and provide an opportunity to veterans.
    FMCSA has previously determined that extending the 90-day skills 
test waiver period to one year following the driver's separation from 
military service would maintain a level of safety equivalent to, or 
greater than, the level achieved without the exemption (49 CFR 
381.305(a)). An exemption extending the 90-day skills test waiver 
period to one year was granted to the Commonwealth of Virginia, 
Department of Motor Vehicles (Virginia DMV) on July 8, 2014 (79 FR 
38645). This exemption is in effect through July 8, 2016, and is 
applicable to all State driver licensing agencies (SDLAs).
    On March 16, 2016, FMCSA published a notice of proposed rulemaking 
(NPRM) and request for comments entitled ``Commercial Driver's License 
Requirements of the Moving Ahead for Progress in the 21st Century Act 
and the Military Commercial Driver's License Act of 2012'' (81 FR 
14052). This proposed rulemaking would extend the time period for 
applying for a skills test waiver from 90 days to one year after 
leaving a military position requiring the operation of a CMV for all 
States. The comment period on this notice closes on May 16, 2016. This 
proposed rulemaking will not be finalized by July 8, 2016, which is the 
Virginia DMV exemption expiration date. Therefore, to avoid a potential 
gap, today's publication of the Missouri DOR exemption request and 
request for comments to extend the 90-day timeframe to one year, is 
necessary.
    In addition, because the issues concerning the Missouri DOR request 
could be applicable in each of the States, FMCSA requests public 
comment on whether the exemption, if granted, should cover all State 
Driver's Licensing Agencies (SDLAs).
    A copy of the Missouri DOR's application for exemption is available 
for review in the docket for this notice.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    The FMCSA does not believe that the veterans' driving skills would 
decrease during the additional 9 months in which this exemption allows 
them to apply for a waiver of the CDL skills test. This exemption only 
extends the period during which application for the skills test waiver 
may be made, and does not revise any other provisions of the 
regulations. 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: April 4, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-08208 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-EX-P