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Commercial Driver's License (CDL) Testing; Application for Exemption: State of Minnesota Publication: Federal Register Signing Official: Robin Hutcheson Agency/Department: Federal Motor Carrier Safety Administration Date: 15 June 2022 
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36204-36206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12875]
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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 final disposition: Denial of reconsideration of
request for exemption.
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SUMMARY: FMCSA announces its decision to deny the State of Minnesota's
request for reconsideration of the Agency's 2017 denial of an
application for exemption from the regulations governing the commercial
driver's license (CDL) skills testing procedures and practices.
Specifically, the Agency denies Minnesota's request to perform the CDL
skills test in the order specified in the CDL regulations. The Agency
denies Minnesota's requested relief from the requirement to use the
American Association of Motor Vehicle Administrators' (AAMVA) 2005 Test
Model Score Sheet and from the requirement that skills tests be
conducted in three parts.
DATES: This decision is effective June 15, 2022.
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.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-4225 or 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, go to www.regulations.gov, insert the docket
number ``FMCSA-2016-0180'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2016-0180'' in the keyword box, click ``Search,'' and chose the
document to view.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain portions of the 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
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 compliance with the current regulation (49
CFR 381.305). The decision of the Agency must be published in the
Federal Register (49
[[Page 36205]]
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. Current Regulatory Requirements
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 CDLs to CMV
operators, but the Federal government sets minimum requirements for the
issuance of a CDL. Subpart H of part 383 sets forth the principal
requirements governing State testing of applicants for a CDL.
IV. Background
On August 1, 2016, FMCSA published Minnesota's application for
exemption from certain testing requirements in 49 CFR part 383 and
requested public comment (81 FR 50592). Under Sec. 383.133(c)(6) the
CDL skills tests must be conducted in the following order: pre-trip
inspection, vehicle control skills, and on-road skills. Minnesota asked
that it be allowed to combine the second and third parts (vehicle
control skills and on-road skills) and thus reduce the skills tests to
two parts. The State also asked to be exempted from using the AAMVA
2005 Test Model Score Sheet. Finally, the State asked 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 opposed the request for
relief from using the AAMVA Score Sheet during testing. Most also
opposed allowing the State to shorten the testing to two parts and
allowing applicants for a Minnesota CDL 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 ensured by the existing
regulations. 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 validated for use by all States in
testing prospective CDL holders. 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 various elements of the skills
tests. 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 of the skills
tests (basic controls or on-road) 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.
V. Applicant's Request
In 2018, Minnesota requested reconsideration of FMCSA's denial of
the exemption application. The State asked to be allowed to use its own
scoresheet to score applicant drivers during the skills tests.
Minnesota also requested to be allowed to combine vehicle control
skills and on-road skills segments and thus have only two parts to its
skills tests. Minnesota believes that FMCSA's denial letter does not
accurately describe how its scoring is applied. Finally, Minnesota
asked to be exempted from the requirement that applicants pass the pre-
trip inspection portion of the exam before proceeding to the balance of
the test. The State argued that the order in which the elements of the
CDL skills tests are conducted does not result in unsafe conditions or
the operation of a CMV at highway speeds. FMCSA's May 9, 2017, denial
letter and the State's request for reconsideration are in the docket
listed at the beginning of this notice.
VI. Equivalent Level of Safety
To ensure an equivalent level of safety, Minnesota asserts that its
score sheet evaluates the same driving skills and contains the same
inspection elements as the AAMVA score sheet. Regarding administering
the skills tests out of order, Minnesota explained that exam stations
are in residential and downtown areas across the State where traffic
speeds are low. 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 test.
VII. Public Comments
On November 30, 2020, FMCSA published a notice seeking public
comment on the request for reconsideration (85 FR 76657). The Agency
received five comments. The Minnesota School Bus Operators Association
supported the exemption request, writing:
If Minnesota Driver and Vehicle Services believes that the
accommodations outlined in Doc FMSCA-2016-0180 will allow them to
deliver CDL skills testing more efficiently and will allow for more
CDL tests scheduled, we fully support those efforts. Additionally,
in reviewing the request, we see no evidence that it would
compromise the test or the safety of those applicant drivers. These
requests appear to be minor in nature and will allow the testing
sites more flexibility to conduct tests.
The remaining four respondents opposed the exemption: The
Brotherhood of Locomotive Engineers and Trainmen (BLET); Commercial
Vehicle Training Association (CVTA); Interstate Truck Driving School of
MN, LLC (ITDS); and Mr. Michael Millard. The BLET wrote:
Our concern with this exemption is the Minnesota equivalent to the
road test for CDL applicants does not require drivers to be tested
on crossing railroad tracks, therefore new CDL drivers are not
required to display proper skills and awareness to safely cross
railroad tracks with commercial vehicles. Many of the new drivers
going through CDL training are immigrants from other countries and
may not have experience crossing railroad tracks in this country.
The CVTA said, ``Granting the exemption would be problematic as it
would be a formal approval of Minnesota's practice, and permit
activities out of uniformity and congruence with the national system of
CDL testing. Minnesota has offered no data as required by 49 CFR
381.310 to substantiate the claim that a two-part test is safer.''
The ITDS stated:
The contradiction created by the Minnesota testing methods
undermines the successfulness of proper training to comply with
regulations. I respectfully request that the FMCSA deny the waiver
request from the State of Minnesota. I suggest the state be required
to implement the AAMVA testing model within 12 months to give the
state adequate time to comply. This requirement would make it easier
for the State of Minnesota to make any changes that might be
required by proposed AAMVA modifications in 2022.
Mr. Millard commented:
The trucking industry has had an increase in CMV crashes, and I
suspect the largest
[[Page 36206]]
contributor is poorly trained drivers who are issued CDLs. I oppose
Minnesota's request and struggle to understand why the state hasn't
adopted the standardized testing to make it work. I believe it's
haphazard to approve a plan without a written summary outlining the
supposed better way. If Minnesota's way is better, then perhaps the
FMCSR should be revised to follow suit. I see a slippery slope in
non-standardized testing expanding by allowing Minnesota to deviate
from standardized practices.
VIII. FMCSA Response to Comments and Decision
FMCSA carefully reviewed Minnesota's petition for reconsideration
and the public comments. The Agency has concluded that Minnesota
provided no additional information that would affect FMCSA's 2017
denial of the request for relief from use of the AAMVA testing model
and no additional information to persuade the Agency to allow the State
to conduct a two-part skills test. Therefore, the Agency denies the
application for exemption from the CDL regulations and reaffirms its
previous denial.
FMCSA believes that conducting the elements of the CDL skills test
in order (i.e., pre-trip, vehicle control skills test, on-road skills
test) is the best practice for the safety and efficiency of the tester.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12875 Filed 6-14-22; 8:45 am]
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