Commercial Driver's License (CDL) Testing; Application for Exemption: State of Minnesota |
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Larry W. Minor
Federal Motor Carrier Safety Administration
30 November 2020
[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76657-76658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26353]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0180]
Commercial Driver's License (CDL) Testing; Application for
Exemption: State of Minnesota
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 the State of Minnesota seeks
reconsideration of its application for exemption from regulations
governing commercial driver's license (CDL) skills testing procedures
and practices that was denied on May 9, 2017. Minnesota believes it can
deliver its CDL skills testing more efficiently in an alternative
manner. It asserts that its method of delivering skills testing will
maintain the testing standards enumerated by the regulations. FMCSA
requests public comment on Minnesota's application for reconsideration.
DATES: Comments must be received on or before December 30, 2020.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2016-0180 by any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Dockets Operations; 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: Dockets Operations, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal Holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
The on-line Federal document management system is available 24
hours each day, 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 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: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. 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-2016-0180), 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 comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2016-0180'' 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 the Federal Motor Carrier Safety Regulations (FMCSRs)
(49 CFR part 350 et seq.). 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.
[[Page 76658]]
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 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. Background
The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) [49 U.S.C.
chapter 313, implemented by 49 CFR part 383] was designed to improve
highway safety by ensuring that truck and bus drivers are qualified to
drive a commercial motor vehicle (CMV). States issue drivers' licenses
to CMV operators, but the Federal government sets minimum requirements
for the issuance of a commercial driver's license (CDL). Subpart H of
part 383 of the FMCSRs sets forth the principal requirements governing
State testing of applicants for a CDL.
On August 1, 2016, FMCSA published a notice in the Federal Register
requesting public comment on Minnesota's application for exemption from
certain testing requirements in Sec. 383.133 (81 FR 50592). Under
Sec. 383.133(c)(6) the CDL skills test must be conducted in three
parts in the following order: pre-trip inspection, vehicle control
skills, and on-road driving. Minnesota asked that it be allowed to
combine the second and third parts (vehicle control skills and on-road
driving) and thus reduce the skills tests to two parts. It also
requested to be exempted from using the American Association of Motor
Vehicle Administrators (AAMVA) 2005 Test Model Score Sheet. Finally, it
requested to be exempted from the requirement that applicants must pass
the pre-trip inspection portion of the exam before proceeding to the
balance of the test.
The Agency received 12 comments. Many commenters voiced opposition
to Minnesota's request for relief from using the AAMVA Score Sheet
during testing. Most commenters opposed allowing Minnesota to shorten
the testing to two parts and to allow applicants who fail the initial
portion of the test to proceed to the on-road testing. Generally, those
opposed felt that granting the exemptions would compromise the
standardization of testing among the various States. On May 9, 2017,
FMCSA denied Minnesota's application for exemption for the following
reasons:
FMCSA opposed allowing a State to amend the AAMVA test
model score sheet, which has been tested and validated for use by all
States in testing prospective CMV drivers. When a CDL driver moves to a
new State and seeks to transfer his or her CDL to that State, universal
use of the score sheet assures the new State that the driver met a
baseline standard for safety when his or her CDL was first issued.
FMCSA opposed combining the skills test. Under the
proposed exemption, an individual could pass Minnesota's combined test
even though he or she has exceeded the maximum point deduction allowed
when the two portions (basic controls or on-the road) of the skills
test are given separately.
FMCSA opposed allowing CDL applicants to operate CMVs at
highway speeds when they have not demonstrated the proper handling of
the vehicle at lower speeds during the basic controls test.
Request for Reconsideration of Agency Decision
Minnesota requests that FMCSA reconsider its denial of the
exemption described. The State asks to be exempt from using the AAMVA
2005 Test Model Score Sheet and asserts that FMCSA's position is moot
because Minnesota's score sheet evaluates the same driving skills and
contains the same inspection elements as the AAMVA scoresheet. Details
are provided in the State's request for reconsideration.
Minnesota asks that it be allowed to combine vehicle control skills
and on-road driving and thus have two parts to its skills test.
Minnesota argues that FMCSA's finding in the denial letter does not
accurately describe how its scoring is applied.
Finally, Minnesota asks to be exempted from the requirement that
applicants must pass the pre-trip inspection portion of the exam before
proceeding to the balance of the test. Minnesota contends that the
order in which the elements of the CDL test are conducted does not
result in unsafe conditions or the operation of a CMV at highway
speeds. Minnesota explained that exam stations are located in low
traffic speed residential and downtown areas across the State. Once the
vehicle inspection is completed, drivers travel at low speeds per
traffic signs to the location where backing exercises are conducted.
The basic controls segment consists of backing maneuvers with potential
pull ups and is performed at very low speed. Consequently, drivers do
not proceed to highway speeds prior to completing the basic control
skills.
A copy of FMCSA's May 9, 2017, letter denying Minnesota's original
application and of the State's request for reconsideration is in the
docket listed at the beginning of this notice.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Minnesota's request for
reconsideration of its application for an exemption. All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the Addresses section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-26353 Filed 11-27-20; 8:45 am]
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