Commercial Driver's License: Oregon Department of Transportation; Application for Renewal of Exemption

Raymond P. Martinez
Federal Motor Carrier Safety Administration
4 April 2018

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14545-14546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06860]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0397]


Commercial Driver's License: Oregon Department of Transportation; 
Application for Renewal of Exemption

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

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

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SUMMARY: FMCSA announces its decision to renew the Oregon Department of 
Transportation's (ODOT) exemption from the commercial learner's permit 
(CLP) requirements in 49 CFR part 383. All State Driver's Licensing 
Agencies (SDLAs) are allowed to use this exemption at their discretion. 
The exemption will allow ODOT and participating SDLAs to extend to one 
year the 180-day timeline for the CLP from the date of issuance, 
without requiring the CLP holder to retake the general and endorsement 
knowledge tests. Under the exemption, an applicant wishing to have a 
new CLP after the previous one expires will be required to take all 
applicable tests before a new CLP is issued.

DATES: The renewed exemption is from April 5, 2018 to April 5, 2019. 
Comments must be received on or before May 4, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2015-0397 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-2015-0397 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 website. 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: Mr. Thomas 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 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-2015-0397), 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-2015-0397'' 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 continue this exemption or not based 
on your comments.

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.

[[Page 14546]]

    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 the 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)).

III. Application for Renewal Exemption

    ODOT's initial exemption application from the provisions of 49 CFR 
383.25(c) and 49 CFR 383.73(a)(2)(iii 2) was submitted in 2015; a copy 
of the application is in the docket identified at the beginning of this 
notice. That application describes fully the nature of ODOT's CLP 
operations. The exemption was originally granted on April 5, 2015 (81 
FR 19703) and is valid through April 5, 2018.
    ODOT requests renewal of an exemption from the Agency's CLP 
requirements in 49 CFR 383.25(c) and 49 CFR 383.73(a)(2)(iii 2). The 
regulations provide that the CLP be valid for no more than 180 days 
from the date of issuance. The State may renew the CLP for an 
additional 180 days without requiring the CLP holder to retake the 
general and endorsement knowledge tests. ODOT proposed that it be 
allowed to extend the 180-day timeline to one year for CLPs issued to 
its drivers. The requested exemption renewal is for one year.
    ODOT provided multiple reasons for regulatory relief from the CLP 
rule in its initial application. First, ODOT believes that the 180-day 
time line required to renew the CLP adds nothing to the effectiveness 
of the rule itself, the purpose of which is to ``enhance safety by 
ensuring that only qualified drivers are allowed to operate commercial 
vehicles on our nation's highways'' (76 FR 26854, May 9, 2011). ODOT 
asserts that neither FMCSA staff nor the States were able to identify 
any highway safety enhancement arising from this requirement. ODOT 
states that it is unaware of any data suggesting that persons who have 
not renewed their CLP or obtained their CDL within six months pose less 
risk on the Nation's highways.
    Second, ODOT agrees that requiring CLP holders to retake the 
knowledge test after not obtaining a CDL within one year improves 
highway safety, but disagrees that the requirement for renewal at six 
months is needed. According to ODOT, if the exemption is granted, 
ODOT's CLP would have a validity period of one year with no renewal 
allowed. All applicable knowledge tests would be required before a new 
CLP could be issued, which would accomplish the objective of not 
allowing a person to have a CLP longer than one year without passing 
knowledge tests.
    The third reason for the request is that Oregon's ``Department of 
Motor Vehicle (DMV) field offices have a very large volume of work to 
accomplish and, at best, limited resources with which to accomplish it. 
Adding the bureaucratic requirement for a CLP holder to visit a DMV 
office and pay a fee in order to get a second six months of CLP 
validity will add unnecessary workload to offices already stretched to 
the limit. ODOT is confident there would be no negative impact on 
safety if the exemption is granted.''
    According to ODOT, ``If this exemption is not granted, Oregon 
drivers with CLPs who have not passed the CDL skills test within six 
months of CLP issuance would have to go to a DMV office and pay for a 
renewal of the CLP. This would cause undue hardship to the drivers, 
from the perspectives of both their time and their pocketbooks. It 
would also cause undue hardship to our agency, where scarce resources 
would be used to process bureaucratic transactions that add nothing to 
highway safety.''
    In addition, because the issues concerning ODOT's request could be 
applicable in each State, all SDLAs are allowed to use this exemption 
renewal at their discretion. Extending the exemption to cover all 
SDLAs, at their discretion, will preclude the need for other SDLAs 
choosing to use the exemption to file identical exemption requests. 
FMCSA believes that safety would not be diminished by allowing a 
validity period of one year for the CLP. The maximum time allowed 
between taking the knowledge tests and obtaining the CDL is 12 months 
under the current rule and under the exemption. The exemption avoids 
the necessity of obtaining a renewal of the CLP after 6 months if the 
State chooses to allow that. FMCSA determined that the exemption would 
maintain a level of safety equivalent to, or greater than, the level 
achieved under the current regulation (49 CFR 381.305(a)).

    Issued on: March 28, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-06860 Filed 4-3-18; 8:45 am]
BILLING CODE 4910-EX-P