Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD), 12443-12445 [2016-05243]

Download as PDF Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules intended to, and does not as a matter of law, preclude enforcement of the SIP provisions in question through any other means authorized by federal law, including, but not limited to, the CAA. Lhorne on DSK5TPTVN1PROD with PROPOSALS IV. Proposed Action EPA is proposing to approve Massachusetts’ May 5, 2015 SIP revision. Specifically, EPA is proposing to approve Massachusetts revised regulations 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel, 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks, and 310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel, as well as new and revised definitions, in 310 CMR 7.00, Air Pollution Control, that relate to Stage I and Stage II vapor recovery systems, and incorporate these regulations into the Massachusetts SIP. EPA is proposing to approve this SIP revision because it meets all applicable requirements of the CAA and EPA guidance, and it will not interfere with any applicable requirement concerning NAAQS attainment and reasonable further progress or with any other applicable requirement of the Clean Air Act. Massachusetts’ May 5, 2015 SIP revision satisfies the ‘‘comparable measures’’ requirement of CAA section 184(b)(2), because as stated in EPA’s Guidance Document, ‘‘the comparable measures requirement is satisfied if phasing out a Stage II control program in a particular area is estimated to have no, or a de minimis, incremental loss of area-wide emissions control.’’ As noted above, Massachusetts’ SIP revision met de minimis criteria outlined in EPA’s Guidance Document. In addition, since the resulting temporary emissions increase from the removal of Stage II controls are de minimis, the anti-back sliding requirements of CAA section 110(l) have also been satisfied. EPA is soliciting public comments on the issues discussed in this document or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. V. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference Massachusetts’ 310 CMR 7.00, Air Pollution Control: Definitions; 310 CMR VerDate Sep<11>2014 14:09 Mar 08, 2016 Jkt 238001 7.24(3), Distribution of Motor Vehicle Fuel; 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks; and 310 CMR 7.24(6) Dispensing of Motor Vehicle Fuel. The EPA has made, and will continue to make, these documents generally available electronically through http:// www.regulations.gov and at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 12443 appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or and Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 19, 2016. Deborah A. Szaro, Acting Regional Administrator, EPA New England. [FR Doc. 2016–05027 Filed 3–8–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA–2015–0489] Commercial Driver’s License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that the Division of Motor Vehicles, Idaho Transportation Department (ITD), has applied for an exemption from provisions of 49 CFR 383.75(a)(8)(v) that require third-party commercial driver license (CDL) testers to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. FMCSA requests public comment on IDT’s application for exemption. SUMMARY: E:\FR\FM\09MRP1.SGM 09MRP1 12444 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules Comments must be received on or before April 8, 2016. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2015–0489 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • 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., 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: For information concerning this notice, contact Mr. Richard Clemente, 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: Lhorne on DSK5TPTVN1PROD with PROPOSALS DATES: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials regarding this application for exemption. Comments should address the safety assessment provided by the applicant. VerDate Sep<11>2014 14:09 Mar 08, 2016 Jkt 238001 Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2015–0489), 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–2015–0489’’ 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. An option to upload a file is provided. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 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(b) to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations, including the CDL regulations in 49 CFR part 383. See also 49 CFR 381.300(c)(2), 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 U.S.C. 31315(b)(1) and 49 CFR 381.305). The decision of PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 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)). III. Request for Exemption The Idaho Transportation Department (ITD) is the State of Idaho governmental organization responsible for state transportation infrastructure. The Agency is responsible for overseeing the disbursement of Federal, State, and grant funding for the transportation programs of the State. IDT’s CDL program is designed to improve safety on the highways while meeting Federal requirements for the testing and licensing of commercial drivers. Idaho is a geographically large state with a relatively small population. To adequately serve their constituents, the ITD oversees a third-party tester program consisting of approximately 60 CDL examiners. ITD utilizes contractors as the third-party examiners, so these examiners are not considered government employees, who would not need to be bonded. The IDT has applied for an exemption from the regulations in 49 CFR 383.75(a)(8)(v) that require third-party testers to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. The ITD requests the exemption because this regulation creates a financial hardship for testing examiners who must be bonded but conduct only a few tests monthly and the State of Idaho has had no instances of fraud in their third-party testing organizations. IDT believes that the exemption, if granted, would achieve a level of safety that is equivalent to or greater than the level of safety provided by complying with the regulation. According to IDT, most of their examiners work in small cities and towns scattered throughout the State of Idaho. Many of these examiners only conduct one or two CDL tests per month. The cost of requiring these examiners to be bonded creates a financial hardship for the examiners who earn just $60 per test. This regulation results in some badly-needed examiners potentially dropping out of E:\FR\FM\09MRP1.SGM 09MRP1 Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules Lhorne on DSK5TPTVN1PROD with PROPOSALS the CDL testing arena. The State of Idaho is self-insured, in that Idaho state employee staff members are qualified and available to re-test any applicants who may be found to have given a CDL ‘‘tainted’’ by some type of fraud. This would be done at no cost to the applicants. In support of their request, the ITD indicates that it uses, and has used for over a year now, the Commercial Skills Test Information Management System (CSTIMS) to monitor CDL skills test examiners and to improve safety. This Internet-based tool provides a consistent way to track the scheduling and entry of test results for CDL skills tests by jurisdiction and third-party examiners. VerDate Sep<11>2014 14:09 Mar 08, 2016 Jkt 238001 CSTIMS enforces jurisdiction-defined rules to manage CDL skills testing and will alert jurisdictions when circumstances are encountered that may require investigation to determine if fraud may have occurred. CSTIMS also produces reports that can be reviewed for patterns of potential fraud, and surveys are also sent to all individuals tested to help monitor Idaho’s testing program and detect fraud. IV. Method To Ensure an Equivalent or Greater Level of Safety ITD states that granting this exemption will result in a level of safety that is equal to or greater than the level of safety of the rule without the exemption. According to the application PO 00000 Frm 00023 Fmt 4702 Sfmt 9990 12445 for exemption, Idaho has had no instances of fraud in its third-party testing organizations. ITD requests, therefore, that FMCSA approve this request based on the alternate measures they have put in place supporting the spirit and purpose of 49 CFR 383.75(a)(8)(v) and, in its view, provide an equivalent or greater level of safety. A copy of ITD’s application for exemption is available for review in the docket for this notice. Issued on: February 26, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–05243 Filed 3–8–16; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\09MRP1.SGM 09MRP1

Agencies

[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Proposed Rules]
[Pages 12443-12445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05243]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2015-0489]


Commercial Driver's License Standards: Application for Exemption; 
State of Idaho, Idaho Transportation Department (ITD)

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 Division of Motor Vehicles, Idaho 
Transportation Department (ITD), has applied for an exemption from 
provisions of 49 CFR 383.75(a)(8)(v) that require third-party 
commercial driver license (CDL) testers to initiate and maintain a bond 
in an amount determined by the State to be sufficient to pay for re-
testing drivers in the event that the third party or one or more of its 
examiners is involved in fraudulent activities related to conducting 
skills testing of CDL applicants. FMCSA requests public comment on 
IDT's application for exemption.

[[Page 12444]]


DATES: Comments must be received on or before April 8, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2015-0489 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     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., 
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: For information concerning this 
notice, contact Mr. Richard Clemente, 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 regarding this application for exemption. Comments 
should address the safety assessment provided by the applicant.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2015-0489), 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-2015-0489'' 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. An option to upload a 
file is provided. 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(b) to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations, including the CDL regulations in 49 CFR part 383. See also 
49 CFR 381.300(c)(2), 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 U.S.C. 31315(b)(1) and 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)).

III. Request for Exemption

    The Idaho Transportation Department (ITD) is the State of Idaho 
governmental organization responsible for state transportation 
infrastructure. The Agency is responsible for overseeing the 
disbursement of Federal, State, and grant funding for the 
transportation programs of the State. IDT's CDL program is designed to 
improve safety on the highways while meeting Federal requirements for 
the testing and licensing of commercial drivers.
    Idaho is a geographically large state with a relatively small 
population. To adequately serve their constituents, the ITD oversees a 
third-party tester program consisting of approximately 60 CDL 
examiners. ITD utilizes contractors as the third-party examiners, so 
these examiners are not considered government employees, who would not 
need to be bonded.
    The IDT has applied for an exemption from the regulations in 49 CFR 
383.75(a)(8)(v) that require third-party testers to initiate and 
maintain a bond in an amount determined by the State to be sufficient 
to pay for re-testing drivers in the event that the third party or one 
or more of its examiners is involved in fraudulent activities related 
to conducting skills testing of CDL applicants. The ITD requests the 
exemption because this regulation creates a financial hardship for 
testing examiners who must be bonded but conduct only a few tests 
monthly and the State of Idaho has had no instances of fraud in their 
third-party testing organizations. IDT believes that the exemption, if 
granted, would achieve a level of safety that is equivalent to or 
greater than the level of safety provided by complying with the 
regulation.
    According to IDT, most of their examiners work in small cities and 
towns scattered throughout the State of Idaho. Many of these examiners 
only conduct one or two CDL tests per month. The cost of requiring 
these examiners to be bonded creates a financial hardship for the 
examiners who earn just $60 per test. This regulation results in some 
badly-needed examiners potentially dropping out of

[[Page 12445]]

the CDL testing arena. The State of Idaho is self-insured, in that 
Idaho state employee staff members are qualified and available to re-
test any applicants who may be found to have given a CDL ``tainted'' by 
some type of fraud. This would be done at no cost to the applicants.
    In support of their request, the ITD indicates that it uses, and 
has used for over a year now, the Commercial Skills Test Information 
Management System (CSTIMS) to monitor CDL skills test examiners and to 
improve safety. This Internet-based tool provides a consistent way to 
track the scheduling and entry of test results for CDL skills tests by 
jurisdiction and third-party examiners. CSTIMS enforces jurisdiction-
defined rules to manage CDL skills testing and will alert jurisdictions 
when circumstances are encountered that may require investigation to 
determine if fraud may have occurred. CSTIMS also produces reports that 
can be reviewed for patterns of potential fraud, and surveys are also 
sent to all individuals tested to help monitor Idaho's testing program 
and detect fraud.

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

    ITD states that granting this exemption will result in a level of 
safety that is equal to or greater than the level of safety of the rule 
without the exemption. According to the application for exemption, 
Idaho has had no instances of fraud in its third-party testing 
organizations. ITD requests, therefore, that FMCSA approve this request 
based on the alternate measures they have put in place supporting the 
spirit and purpose of 49 CFR 383.75(a)(8)(v) and, in its view, provide 
an equivalent or greater level of safety.
    A copy of ITD's application for exemption is available for review 
in the docket for this notice.

    Issued on: February 26, 2016.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-05243 Filed 3-8-16; 8:45 am]
BILLING CODE 4910-EX-P