Qualification of Drivers; Skill Performance Evaluation; Virginia Department of Motor Vehicles Application for Renewal Exemption

Raymond P. Martinez
Federal Motor Carrier Safety Administration
12 February 2019

[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Page 3532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01995]


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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 final disposition.

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SUMMARY: FMCSA announces its decision to renew the exemption for the 
Commonwealth of Virginia, Virginia Department of Motor Vehicles (DMV) 
from the requirement that the Skill Performance Evaluation (SPE) 
Certificate be issued to interstate truck and bus drivers by the FMCSA. 
The exemption enables interstate commercial motor vehicle (CMV) drivers 
who are licensed in Virginia and are subject to the Federal SPE 
requirements, Alternative physical qualification standards for the loss 
or impairment of limbs, to continue to fulfill the Federal requirements 
with a State-issued SPE Certificate, and to operate CMVs in interstate 
commerce anywhere in the United States.

DATES: This exemption was applicable on July 8, 2018. The exemption 
expires July 8, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
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., ET, 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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA 2013-0147, 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., ET, Monday through Friday, except Federal holidays.

B. 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.

II. Background

    On July 30, 2018, FMCSA published a notice announcing its decision 
to renew the Commonwealth of Virginia Department of Motor Vehicles 
(DMV) exemption, allowing them to issue SPE Certificates on behalf of 
FMCSA, and requested comments from the public (83 FR 36666). The public 
comment period ended on August 29, 2018, and no comments were received.
    As stated in the previous notice, FMCSA has completed the 
evaluation of Virginia DMV's eligibility for exemption renewal and 
determined that renewing the exemption would achieve a level of safety 
equivalent to or greater than the level that would be achieved by 
complying with the current regulation that requires SPE Certificates to 
be issued by FMCSA.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    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 
exemption will be revoked if the following occurs: (1) Virginia does 
not establish and maintain its own SPE program that is essentially 
identical to the current FMCSA program; (2) The State does not 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; (3) State personnel who 
conduct the skill performance test do not complete SPE training 
identical to that of FMCSA personnel currently administering the 
Federal SPE program; (4) The skill evaluation and scoring for the SPE 
is not completed using the same procedures and testing criteria used by 
FMCSA; (5) Virginia does not maintain records of applications, testing, 
and certificates issued for periodic review by FMCSA; (6) Virginia does 
not 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); and (7) Each driver who receives a State-issued SPE 
does not carry a copy of the certificate when driving for presentation 
to authorized Federal, State, or local law enforcement officials.

    Issued on: February 1, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-01995 Filed 2-11-19; 8:45 am]
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