Commercial Driver's License: Ohio Department of Public Safety; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
18 April 2019

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16330-16331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07781]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0044]


Commercial Driver's License: Ohio Department of Public Safety; 
Application for Exemption

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 it has received an application from the 
Ohio Department of Public Safety (DPS) for a limited exemption from the 
Agency's commercial driver's license (CDL) regulations. The Ohio DPS 
requests an exemption to modify the mandatory skills test requirements 
for qualified veterans who served in the military. The Ohio DPS states 
that its goal is to promote the opportunities for experienced 
commercial motor vehicle (CMV) operators who have served in the 
military by reducing the regulatory burden for obtaining a CDL. FMCSA 
requests public comment on the Ohio DPS's application for exemption. In 
addition, because the issue concerning the Ohio DPS request could be 
applicable in each of the States, FMCSA requests public comment on 
whether the exemption should cover all State driver licensing agencies 
(SDLAs), if granted.

DATES: Comments must be received on or before May 20, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2019-0044 by any of the following 
methods:
     Federal Rulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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.
     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.
    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: 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-2019-0044), 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-2019-0044'' 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 grant or not grant this application 
based on your comments.

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 safety analyses and public comments submitted, 
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 reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

[[Page 16331]]

III. Request for Exemption

    The Ohio Department of Public Safety (DPS) requests an exemption 
from the requirement that an applicant in the skills test waiver 
certify that he/she (1) is regularly employed or was so employed within 
the last year in a military position requiring operation of a CMV, and 
(2) operated a vehicle representative of the CMV that operates or 
expects to operate for at least 2-years immediately preceding discharge 
from the military 49 CFR 383.77(b)(1) and (3). In lieu of 49 CFR 
383.77(b)(1) and (3), DPS is proposing that the applicant be required 
to have held a military position that required operation of a CMV for 
at least 2 years during the applicant's military career. Eliminating 
the requirement of holding said position within a year from being 
discharged and the requirement of operating a vehicle representative of 
the CMV operating or expecting to operate at least the 2-years 
immediately preceding discharge from military.
    The State of Ohio currently grants a CDL applicant a waiver of the 
skills test otherwise required by 49 CFR 383.113. The State of Ohio 
skills test waiver process consists of a qualifying applicant 
submitting the following documentation to the Bureau of Motor Vehicles: 
(1) A violation-free driving record for the last two years; (2) proof 
of military service within the last year in a position requiring CMV 
operation; and (3) proof of experience operating a representative 
vehicle which was exempt from the 49 CFR 383.3(c) requirements for at 
least two years immediately preceding the application date or at least 
two years preceding the discharge date if separated from the military 
within the last year. In addition to the above listed documentation, 
applicants must submit the applicable State waiver form. According to 
the Ohio DPS, the State's skills test waiver form is similar to FMCSA's 
Application for Military Skills Test Waiver form, currently found on 
FMCSA's website.
    The Ohio DPS contends that the goal of its request is to promote 
the opportunities for experienced CMV operators who have served in the 
military by reducing the regulatory burden of obtaining a CDL. By doing 
so, it is the hope that an increase in the population of available CDL 
holders will benefit the Ohio transportation industry, and create 
better civilian employment opportunities for Ohio veterans and service 
members.
    In addition, because the issue concerning the Ohio DPS request 
could be applicable in each of the States, FMCSA requests public 
comment on whether the exemption should cover all SDLAs, if granted.
    A copy of the Ohio DPS's application for exemption is available for 
review in the docket for this notice.

    Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07781 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P