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

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
29 June 2016

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42391-42392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15287]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0118]


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

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

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

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SUMMARY: FMCSA announces its decision to grant the Missouri DOR and all 
other State driver licensing agencies (SDLAs) 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 exemption extends the 90-day timeline to one year following 
the driver's separation from military service. The Missouri DOR 
believed that the 90-day timeframe is too short to take advantage of 
the waiver for many of the qualified discharged veterans entering and 
settling into civilian life. A similar exemption was granted to the 
Commonwealth of Virginia, Department of Motor Vehicles (VA DMV) and all 
SDLAs on July 8, 2014, effective through July 8, 2016. FMCSA has 
analyzed the Missouri DOR exemption application and the public comments 
and has determined that the exemption will achieve a level of safety 
that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.

DATES: This exemption is effective July 8, 2016 through July 8, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from 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

[[Page 42392]]

conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which 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)).

Request for Exemption

    The Missouri DOR requested 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 proposed that it be allowed to extend the 90-day timeline 
to one year following the driver's separation from military service.
    The Missouri DOR contended that the 90-day timeframe is too short 
for many of the qualified veterans to utilize while reentering civilian 
life. They stated 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 stated 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) and all SDLAs on July 8, 
2014 (79 FR 38645). This exemption is in effect through July 8, 2016.
    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 closed on May 16, 2016. This 
proposed rulemaking will not be finalized by July 8, 2016, which is the 
VA DMV exemption expiration date. Therefore, this Missouri DOR 
exemption for all SDLAs is needed to cover the time between expiration 
of the Virginia exemption and any rulemaking that would make the 
exemption(s) moot.
    A copy of the Missouri DOR's application for exemption is available 
for review in the docket for this notice.

Public Comments

    On April 11, 2016, FMCSA published notice of the Missouri DOR's 
application for exemption and requested public comment (81 FR 21443). 
The Agency received three docket comments submitted, which were all 
filed in support of the Missouri DOR request.
    The American Association of Motor Vehicle Administrators (AAMVA) 
commented that on July 8, 2014, FMCSA had granted an extension to all 
SDLAs to extend the allowable timeframe for a military skills test 
waiver for up to one year. AAMVA applauded FMCSA for granting that 
exemption and proposing to make it a permanent regulatory change in the 
Agency's aforementioned NPRM. According to AAMVA, as that NPRM may not 
become final before the current exemption's [VA DMV] July 8, 2016 
expiration, they requested FMCSA extend this important exemption for 
the maximum extent allowable.
    The Oregon Department of Motor Vehicles (OR DMV) commented that 
they are fully supportive of Missouri's request for exemption from 
Sec.  383.77(b)(1). Another individual commented that he was in favor 
of any exemption that benefits both the transportation industry and the 
veterans.

FMCSA Response and Decision

    The FMCSA has evaluated Missouri DOR's application and, following 
consideration of the comments submitted to the docket, has decided to 
grant the exemption from 49 CFR 383.77(b)(1). FMCSA does not believe 
that the veterans' driving skills would decrease during the additional 
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: June 16, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-15287 Filed 6-28-16; 8:45 am]
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