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

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

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23349-23351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09116]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0130]


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 Department of Revenue (DOR), Driver's License Bureau, for a 
limited exemption from the Agency's commercial driver's license (CDL) 
regulations. These regulations require a driver to pass the general 
knowledge test before being issued a Commercial Learner's Permit (CLP). 
The Missouri DOR requests an exemption from knowledge test requirement 
for qualified veterans who participated in dedicated training in 
approved military programs. The Missouri DOR states that its goal is to 
assist qualified veterans in obtaining employment when returning to the 
civilian workforce, and that granting this exemption will assist 
veterans who have already been through extensive military training. 
FMCSA requests public comment on the exemption application. In 
addition, because the issue raised by the Missouri DOR is not unique to 
that State, 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 20, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-

[[Page 23350]]

2016-0130 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 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-2016-0130), 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-2016-0130'' 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 
383.71(a)(2)(ii), which requires any person applying for a Commercial 
Learner's Permit (CLP) on or after July 8, 2015, to have taken and 
passed a general knowledge test that meets the Federal standards in 
subparts F, G and H of part 383 for the commercial vehicle group that 
the applicant operates or expects to operate. The Missouri DOR 
requested an exemption from the knowledge test requirements for trained 
military truck drivers, in effect giving designated drivers credit for 
military training and experience.
    The Missouri DOR provides a number of reasons for this request. It 
contends that qualified veterans who participated in the dedicated 
training in approved military programs have already received numerous 
hours of classroom training, practical skills training, and one-on-one 
road training that are essential for safe driving. Other reasons for 
the request include:
     The hours of training required by these military programs 
before certifying trainees to drive military vehicles is in excess of 
the minimum entry-level driver training required in FMCSA's proposed 
rulemaking, and is comparable to the skills needed to pass the American 
Association of Motor Vehicle Administrators (AAMVA) 2005 CDL Test 
Model. While the AAMVA test standard requires a passing score, the 
military programs offer training which is not deemed completed until 
all methods are applied in a practical sense;
     Veterans who participate in specialized military training 
are assigned duties where their driving skills are applied and used on 
a frequent basis and would be an asset in civilian life; and
     The trucking industry continually expresses the need for 
new drivers every year. Providing this incentive would assist in 
expediting the transition of fully trained military truck drivers to 
fill these jobs.
    In addition, because the issue raised by the Missouri DOR is not 
unique to that State, 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.


[[Page 23351]]


    Issued on: April 13, 2016.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-09116 Filed 4-19-16; 8:45 am]
 BILLING CODE 4910-EX-P