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

Larry W. Minor
Federal Motor Carrier Safety Administration
8 August 2018

[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39150-39152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16949]


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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 application for renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces that it has received an application from the 
Missouri DOR for a renewal of its exemption from the Agency's 
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 exemption renewal would allow 
the Missouri DOR to continue to waive the mandatory knowledge test 
requirement for qualified veterans who participated in dedicated 
training in approved military programs. The Missouri DOR states that 
its goal is to continue to assist qualified veterans in obtaining 
employment when returning to the civilian workforce, and granting this 
exemption renewal will assist those veterans who have already been 
through extensive military training. The Missouri DOR currently holds 
an exemption for the period of October 27, 2016, through October 29, 
2018, and is requesting a 2-year renewal. FMCSA requests public comment 
on the Missouri DOR's application for exemption.

DATES: Comments must be received on or before September 7, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2016-0130 by any of the following 
methods:
     Federal eRulemaking Portal: 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,

[[Page 39151]]

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., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    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. If you want acknowledgement that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    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. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: (202) 366-2722. 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-2016-0130), 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-2016-0130'' 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.

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 ``Open Docket Folder'' button and choose the 
document listed 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 certain Federal Motor Carrier Safety Regulations 
(FMCSRs). 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 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 compliance with 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)).

III. Request for Exemption

    The Missouri DOR's initial exemption application from the 
provisions of 49 CFR 383.71(a)(2)(ii) was submitted in 2016; a copy is 
in the docket identified at the beginning of this notice. That 2016 
application describes fully the nature of the Missouri DOR's request, 
and the reasons for its request. The Missouri DOR contends that those 
qualified veterans who participated in dedicated training in approved 
military programs have already received numerous hours of classroom 
training, practical skills training, and one-on-one road training that 
are essential for safe driving. The original exemption was granted on 
October 27, 2016 (81 FR 74861) and expires on October 29, 2018. 
Missouri DOR now requests a 2-year renewal of the exemption. The 
current exemption allows all States to waive the CDL knowledge test for 
qualified current or former military personnel who participated in 
training in military heavy-vehicle driving programs, but does not 
require them to do so.
    The Missouri DOR provided several reasons for this renewal of the 
exemption request, including:
     The proposed regulatory change to 49 CFR parts 383 and 384 
for Military Licensing and State Commercial Driver Licensing 
Reciprocity [82 FR 26894, June 12, 2017] has not yet been posted as a 
final rulemaking by the Agency;
     The Missouri legislature did not pass the enabling 
legislation to pursue full implementation during a recent legislative 
session; and
     Missouri, as well as other State Driver Licensing Agencies 
(SDLAs) that have implemented or want to pursue implementation of these 
provisions, must have an exemption renewal in place until such time as 
the proposed regulatory change is approved and posted as final.
    In addition, because the issue concerning the Missouri DOR request 
could be applicable in each of the States, FMCSA requests public 
comment on whether the exemption, if granted, should cover all SDLAs.

[[Page 39152]]

    A copy of the Missouri DOR's application for exemption renewal is 
available for review in the docket for this notice.

    Issued on: July 27, 2018.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-16949 Filed 8-7-18; 8:45 am]
 BILLING CODE 4910-EX-P