Commercial Driver's License: Application for Exemption; Missouri Department of Revenue (DOR) |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
27 October 2016
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74861-74862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25965]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0130]
Commercial Driver's License: Application for Exemption; Missouri
Department of Revenue (DOR)
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 a limited exemption to
the Missouri Department of Revenue (DOR), Driver's License Bureau, and,
at their option, all other State driver licensing agencies (SDLAs),
from the 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
requested an exemption from the knowledge test requirement for
qualified current or former military personnel who participated in
training in military heavy-vehicle driving programs. The Missouri DOR
contends that qualified personnel who participated in such training
have already received numerous hours of classroom training, practical
skills training, and one-on-one road training that are essential for
safe driving.
DATES: The exemption is effective from October 27, 2016 through October
29, 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: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614-942-6477. 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
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-2016-0130'' 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 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 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 the exemption is
granted. The notice must also specify the effective period of the
exemption, and explain its terms and conditions. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
The Missouri DOR requested 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
contained in subparts F, G and H of 49 CFR part 383 for the commercial
vehicle group that person 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 provided a number of reasons for its application.
It contends that qualified veterans who completed military heavy-
vehicle driver training 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 their
request included:
The hours of training in these military programs exceeds
hours required by FMCSA's proposed entry-level driver training rule.
The skill level required by military courses is comparable to that
needed to pass the American Association of Motor Vehicle Administrators
(AAMVA) 2005 CDL Test Model (amended 2010);
Military personnel who complete specialized driver
training are assigned duties where their driving skills are applied and
used on a frequent basis, an obvious asset in civilian life; and
The trucking industry predicts a growing shortage of new
drivers. Providing this incentive will helpfully assist trained
military truck drivers' transition into civilian jobs.
IV. Public Comments
On April 20, 2016, FMCSA published notice of this application and
requested public comments (81 FR 23349). The Minnesota Department of
Motor Vehicle Safety, the North Dakota Department of Transportation,
and the Advocates for Highway and Auto Safety (Advocates) filed
comments opposing the exemption. The North Dakota Department of
Transportation stated that the exemption should not be granted until
there are assurances that military training in lieu of the State
knowledge test meets the requirements in 49 CFR 383.111, Required
knowledge. The Minnesota Department of Motor Vehicle Safety suggested
that, in lieu of granting this exemption
[[Page 74862]]
request, the military's training and licensing programs could be
accepted as SDLA programs; i.e., military licenses could be treated as
equivalent to a CDL.
The Advocates pointed out that the current skills test exemption in
Sec. 383.77 requires applicants to provide evidence that they were
regularly employed within the last 90 days in a military position
requiring the operation of a CMV. Advocates expressed concern that the
Missouri DOR application did not include a similar experience
requirement for ex-military personnel seeking a knowledge test
exemption. Such a requirement should be included if the Agency grants
the application to ensure that the knowledge obtained in the military
has not diminished over an extended period of time. However, Advocates
argues that making this exemption available to all 50 States and the
District of Columbia is a permanent and material revision of Federal
regulations that must be done through formal rulemaking allowing for
review and comment by the public, including SDLAs.
V. FMCSA Response
FMCSA disagrees with the North Dakota Department of Transportation
comments that this exemption should not be granted until there are
assurances that military training in lieu of the State knowledge tests
meets the requirements in 49 CFR 383.111. The training provided by
these specialized military programs includes many hours of classroom
training (typically based on FMCSA's own regulations, including all of
the elements of Sec. 383.111), practical skills training, and on-the-
road training, followed by actual driving in support of the military
mission. There is no reason to believe that military training is
deficient compared to the requirements of Sec. 383.111. FMCSA further
disagrees with the Minnesota Department of Motor Vehicle Safety's
suggestion that in lieu of granting this exemption request, the
military's licensing and training program should be accepted as an SDLA
program. Such an action would first require extensive legal analysis
and would be very complex in any case.
The limited exemption approved today allows the States to waive the
CDL knowledge test but does not require them to do so. The Agency
expects few SDLAs to participate due to a lack of demand in their
geographical areas and the administrative burden involved. However,
because FMCSA cannot predict which State SDLAs may want to use this
exemption, the Agency has made it available to all States. SDLAs that
choose to participate will be able to establish their own
administrative procedures to implement the exemption, e.g., policies
for acceptable documentation showing that the applicant has received
the required military heavy-vehicle operation training, and has been
employed in the past year in a position requiring such duties.
Although Missouri used the term ``veterans'' in its application, to
add clarity and be consistent with similar programs, we have expanded
the eligibility to include ``current or former members of the military
services (including Reserve and National Guard units), who have been
regularly employed within the last year in a military position that
requires operation of large trucks, and have received formal military
training for that duty.'' This is consistent with comments filed by
Advocates.
VI. FMCSA Decision
FMCSA has evaluated Missouri DOR's application and the public
comments and decided to grant the exemption. FMCSA agrees with the
reasons for the request made by the Missouri DOR. The two primary
reasons were that the training provided by these specialized military
programs includes many hours of classroom training, practical skills
training, and on-the-road training that are essential for safe driving.
In addition, the hours of training in these programs is in excess of
the training proposed in FMCSA's own entry-level driver training rule
(81 FR 11944, March 7, 2016), and is comparable to the skills needed to
pass the AAMVA CDL test model. FMCSA has concluded that the exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption, in
accordance with Sec. 381.305(a).
VII. Terms and Conditions
The following are the Terms and Conditions of this exemption:
(1) SDLAs may, at their discretion, issue CLP/CDLs to qualifying
applicants as described below, without these applicants being required
to complete the knowledge test required by 49 CFR 383.71(a)(2)(ii).
(2) ``Qualifying applicants'' must:
(a) Be current or former members of the military services
(including Reserve and National Guard units),
(b) Have been regularly employed within the year prior to
application in a military position that requires operation of large
trucks, and
(c) Have received formal military training for that duty.
(3) Participating SDLAs may establish their own requirements and
administrative procedures for verifying the eligibility of applicants.
Issued on: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25965 Filed 10-26-16; 8:45 am]
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