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

James W. Deck
Federal Motor Carrier Safety Administration
28 September 2020

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60873-60874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21325]


-----------------------------------------------------------------------

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 final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny the Ohio Department of 
Public Safety's (DPS) request for an exemption to modify the mandatory 
skills test requirements for qualified military veterans. FMCSA has 
determined that the applicant did not provide an alternative to ensure 
that an equivalent level of safety would be achieved under the 
exemption. Furthermore, although a majority of the docket comments 
favored the exemption, none provided supporting data.

DATES: This decision is effective September 28, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; 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

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-2019-0044 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., 
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 provide an opportunity for public comment on the 
request.
    The Agency reviews the 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 
Agency's decision 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 specify the effective period (up to 5 years) 
and explain its terms and conditions. The

[[Page 60874]]

exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    The Ohio DPS requested an exemption from the requirement in 49 CFR 
383.77(b)(2)(i)(A) and (C) that an applicant for a 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 the driver 
operates or expects to operate for at least 2 years immediately 
preceding discharge from the military. In lieu of those requirements, 
Ohio DPS proposed that the applicant be required to have held a 
military position that required operation of a CMV for at least 2 years 
sometime during his/her military career, thus eliminating the current 
1-year window to apply for a skills test waiver.
    According to Ohio DPS, its goal 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, Ohio DPS hopes 
that an increase in the population of CDL holders will benefit the Ohio 
transportation industry, and create better civilian employment 
opportunities for Ohio veterans and service members.
    In addition, as this issue could be applicable in each of the 
States, FMCSA requested public comment on whether the exemption, if 
granted, should cover all State Driver's Licensing Agencies (SDLAs).
    A copy of the Ohio DPS's application for exemption is available for 
review in the docket for this notice.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent or greater level of safety, Ohio DPS 
proposed a skills test waiver process in which the applicant would 
submit the following documentation to the Bureau of Motor Vehicles: (1) 
A violation-free driving record for the last 2 years; (2) proof of 
being regularly employed in a military position requiring operation of 
a CMV; and (3) proof of experience operating a representative vehicle 
which was exempt from the requirements of 49 CFR 383.113(c) for at 
least 2 years. In addition, applicants would be required to submit an 
Ohio waiver form similar to FMCSA's Military Skills Test Waiver form, 
currently found on FMCSA's website.

V. Public Comments

    On April 18, 2019, FMCSA published notice of the application and 
requested public comment (84 FR 16330). The Agency received 37 
comments, 35 of which favored both the exemption and its extension to 
all SDLAs. Among the advocates for the exemption were the Pennsylvania 
Department of Transportation (PennDOT); the American Beverage 
Association; the Ohio Trucking Association; the Ohio Propane Gas 
Association; and the National Propane Gas Association (NPGA); and two 
individual commenters. Additionally, 27 Members of Congress jointly 
expressed support for the application. A primary reason cited for the 
exemption was the trucking industry's serious need for qualified, 
skilled drivers. Commenters believed that the exemption would be a 
positive step toward addressing that need and would simultaneously 
credit the relevant skills and experience gained through military 
service toward obtaining a CDL.
    NPGA stated, ``. . . It is clear that the depth and breadth of 
military vehicle training is beyond the civilian skills assessment for 
a CDL. Similarly, it is evident that military supervisors possess 
considerable expertise to assess the adequacy of an individual's skills 
during military service. Thus, the training, assessment, and 
supervision that a veteran received during military service presents at 
least the same level of safety, if not greater, as the level of safety 
achieved by administering the skills assessment of the CDL exam to 
military veterans.''
    Two individuals opposed the Ohio DPS request. One commenter noted 
that ``No length of time is stipulated, hence a driver who drove a 
military vehicle 10 years ago would qualify even though he has no 
recent experience. Vehicles change frequently with upgrades to safety 
and technology.''

VI. FMCSA Response and Decision

    FMCSA has evaluated the Ohio DPS' application and the public 
comments and has concluded that the applicant did not provide an 
alternative that would ensure an equivalent level of safety under the 
exemption. Although a majority of the docket commenters favored the 
exemption, none provided supporting data. The Agency does not have data 
to determine whether the skills required to operate a CMV decline over 
time when not used regularly, which the exemtion application would 
allow. For these reasons the Agency has decided to deny the exemption 
request.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21325 Filed 9-25-20; 8:45 am]
BILLING CODE P