Commercial Driver's License (CDL) Testing; Application for Exemption: State of Minnesota

Larry W. Minor
Federal Motor Carrier Safety Administration
1 August 2016

[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50592-50593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18131]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0180]


Commercial Driver's License (CDL) Testing; Application for 
Exemption: State of Minnesota

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 the State of Minnesota has applied for an 
exemption from regulations governing commercial driver's license (CDL) 
skills testing procedures and practices. Minnesota believes it can 
deliver CDL skills testing more efficiently in an alternative manner. 
It asserts that its method of delivering skills testing will maintain 
the testing standards enumerated by the regulations. FMCSA requests 
public comments on the request for exemption.

DATES: Comments must be received on or before August 31, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0180 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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.
    Instructions: All submissions must include the Agency name and 
docket number. 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 www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2016-0180 and click on the tab 
labeled ``SEARCH.''
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325; 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: 

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs) 
(49 CFR part 350 et seq.). 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 50593]]

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 of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Background

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was 
designed to improve highway safety by ensuring that truck and bus 
drivers are qualified to drive a commercial motor vehicle (CMV). It 
provided for removal of the driving privileges of unsafe or unqualified 
drivers. States issue commercial driver's licenses (CDLs) to CMV 
operators, but the CMVSA directed the Federal government to establish 
minimum requirements for the issuance of a CDL.
    Subpart H of 49 CFR part 383 contains the principal requirements 
governing State testing of applicants for a CDL. Testing must be 
conducted in such a way as to determine if the applicant possesses the 
required knowledge and skills (Sec.  383.133(a)).

Request for Exemption

    Minnesota seeks a partial exemption from Sec.  383.133, ``Test 
Methods.'' Pursuant to that section, the CDL skills test must be 
conducted in three parts in the following order: pre-trip inspection, 
vehicle control skills, and on-road driving (Sec.  383.133(c)(6)). 
Minnesota asks that it be allowed to combine the second and third parts 
(vehicle control skills and on-road driving) and thus reduce the skills 
test to two parts. It also asks to be exempted from using the American 
Association of Motor Vehicle Administrators (AAMVA) 2005 Test Model 
Score Sheet. Finally, it asks to be exempted from the requirement that 
applicants must pass the pre-trip inspection portion of the exam before 
proceeding to the balance of the test.
    Minnesota states that under its proposed approach, it can more 
efficiently manage the limited space of its test sites and conduct more 
CDL tests each day. It states that denial of its application for 
exemption will result in a less-rigorous CDL test and negatively affect 
motor carriers and drivers. A copy of Minnesota's application for 
exemption is in the docket listed at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Minnesota's application for exemption. The 
Agency will consider all comments received by close of business on 
August 31, 2016.
    Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice.

    Issued on: July 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18131 Filed 7-29-16; 8:45 am]
 BILLING CODE 4910-EX-P