Qualification of Drivers; Skill Performance Evaluation; Virginia Department of Motor Vehicles Application for Renewal Exemption |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
30 July 2018
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36666-36667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16225]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0147]
Qualification of Drivers; Skill Performance Evaluation; Virginia
Department of Motor Vehicles Application for Renewal 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 a Virginia Department of
Motor Vehicles (DMV) exemption on behalf of truck and bus drivers who
are licensed in the Commonwealth of Virginia and need a Skill
Performance Evaluation (SPE) Certificate from FMCSA to operate
commercial motor vehicles (CMV) in interstate commerce. The exemption
enables interstate CMV drivers who are licensed in Virginia and are
subject to the Federal SPE requirements under 49 CFR 391.49 to continue
to fulfill the Federal requirements with a State-issued SPE and to
operate CMVs in interstate commerce anywhere in the United States.
DATES: This decision is effective July 8, 2018, and will expire July 8,
2023, and may be renewed. Comments must be received on or before August
29, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0147 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment 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.
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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Eileen Nolan, Office of Carrier,
Driver and Vehicle Safety, Medical Programs Division, 202-366-4001,
fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours
are from 8:30 a.m. to 5:30 p.m., e.t., Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs) for no longer than 5 years if it finds ``such exemption would
likely achieve a level of safety that is equivalent to or greater than
the level that would be achieved absent such exemption.'' The statute
allows the Agency to renew exemptions at the end of the 5-year period.
On July 8, 2014, FMCSA granted Virginia a 2-year exemption that
enables interstate CMV drivers licensed in Virginia who are subject to
the Federal SPE requirements under 49 CFR 391.49 to fulfill the Federal
requirements with a State-issued SPE (79 FR 38659). Subsequently, a
request for exemption renewal was received, and granted for a 2-year
period, beginning July 8, 2016 and ending on July 8, 2018 (81 FR
44674).
At the time the first exemption was granted, the term of temporary
exemptions was limited by statute to a maximum of 2 years. However, on
December 4, 2015, Congress enacted the Fixing America's Surface
Transportation (FAST) Act, which now allows an exemption to be granted
for a period of 5 years (49 U.S.C. 31315(b)(2)) if FMCSA finds ``such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.'' Virginia has consistently maintained the statutory
requirements associated with 49 U.S.C. 31136(e) and 31315 for their SPE
program. Therefore, the Agency believes that extending the exemption
period to a 5-year period will likely achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
The requirements of the exemption were outlined in the prior
notices and
[[Page 36667]]
will therefore not be repeated. Virginia has established its own SPE
program that is essentially identical to the current FMCSA SPE program
to include an application process modeled on the FMCSA process. In
addition, State personnel who have completed SPE training identical to
that of FMCSA personnel currently administer the SPE program and
conduct the skill evaluation according to the same procedures and
testing criteria used by FMCSA. If the driver passes the skill
evaluation, the State issues the SPE Certificate. Virginia maintains
records of applications, testing, and certificates issued, which are
available, as required, for periodic review by FMCSA. On behalf of CMV
drivers licensed in the Commonwealth of Virginia, the State requested
renewal of the exemption from 49 CFR 391.49 concerning FMCSA's SPE
Certificate process for drivers who have experienced an impairment or
loss of a limb.
II. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that granting this exemption is not currently
achieving the statutory level of safety should immediately notify
FMCSA. The Agency will evaluate any adverse evidence submitted and, if
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315, FMCSA will take immediate steps to revoke the Virginia DMV
exemption.
III. Basis for Renewing Exemption
The Agency's decision regarding this exemption is based on the fact
that Virginia's SPE program is essentially identical to the current
FMCSA program. Virginia continues to adhere to the application process
modeled on the FMCSA process. State personnel who conduct the skill
evaluation complete the same training as FMCSA personnel conducting the
test and follow the same procedures and testing criteria used by FMCSA.
FMCSA has conducted ongoing monitoring and SPE program reviews and
Virginia continues to maintain records of applications, testing, and
certificates issued for periodic review by FMCSA. At the time, Virginia
DMV submitted its request for exemption renewal to the Agency, it had
issued 29 new and 48 renewal SPE Certificates. Based upon FMCSA's
analyses of the applications and the program as a whole, FMCSA has
determined that no safety vulnerabilities are associated with
Virginia's renewal request. The renewal of the exemption for a 5-year
period is granted.
Consequently, FMCSA has concluded that renewing the exemption
allows the Virginia SPE program to achieve the level of safety required
by 49 U.S.C. 31315.
If a Virginia-licensed driver would prefer not to opt for the
streamlined SPE process, the driver may still apply for an FMCSA-issued
SPE. However, FMCSA may still exercise its discretion and call upon
Virginia DMV to provide assistance in conducting the road evaluation
needed to complete an SPE application, depending on the volume of
applications.
IV. Conditions and Requirements:
The FMCSA grants the renewal of the exemption to allow the Virginia
DMV to conduct SPE's on drivers who have experienced an impairment or
loss of a limb and are licensed in the Commonwealth of Virginia. The
following terms and conditions apply to the State and any drivers who
receive a State-issued SPE certificate:
Virginia must establish and maintain its own SPE program
that is essentially identical to the current FMCSA program.
The State must maintain an application process modeled on
the FMCSA process and submit information concerning the application
process to FMCSA's Medical Programs Division for review, as required.
State personnel who conduct the skill test must complete
SPE training identical to that of FMCSA personnel currently
administering the Federal SPE program.
The skill evaluation and scoring for the SPE must be done
using the same procedures and testing criteria used by FMCSA.
Virginia must maintain records of applications, testing,
and certificates issued for periodic review by FMCSA.
Virginia must submit a monthly report to FMCSA listing the
names and license number of each driver tested by the State and the
result of the test (pass or fail).
Each driver who receives a State-issued SPE must carry a
copy of the certificate when driving for presentation to authorized
Federal, State, or local law enforcement officials.
V. Preemption
During the period the exemption is in effect; no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption. An exemption granted
under the authority of 49 U.S.C. 31315(b) preempts State laws and
regulations that conflict with or are inconsistent with the exemption.
The decision to grant Virginia's request amounts to automatic Federal
ratification of the State issued SPE Certificate and therefore
prohibits other jurisdictions from requiring a separate FMCSA-issued
SPE. The State-issued certificate must be treated as if it had been
issued by FMCSA. Virginia-licensed drivers who receive the State-issued
SPE are allowed to operate CMVs in interstate commerce anywhere in the
United States.
VI. Conclusion
Virginia has consistently maintained the statutory exemption
requirements associated with the Skill Performance Evaluation
Certificate program. Therefore, in accordance with 49 U.S.C. 31136(e)
and 31315, this exemption will be valid for five years unless revoked
earlier by FMCSA.
The Agency does not intend its decision to pressure other States to
take action to implement State-run SPE programs. Virginia is the first
State to submit an application on behalf of its drivers to provide an
alternative to the Federal SPE process. Other States are welcome to
make similar applications if they believe it is appropriate to do so
and they have the resources to meet terms and conditions comparable to
those provided in this exemption.
Issued on: July 24, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-16225 Filed 7-27-18; 8:45 am]
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