Commercial Driver's License (CDL) Testing; Application for Exemption: State of Minnesota, 50592-50593 [2016-18131]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 50592 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices conciliated settlement agreements. The public meeting will take place on Wednesday, August 24, 2016 from 10:00 a.m. until 1:00 p.m. EDT. This is not a meeting of the full Advisory Committee. In 2014, the United States proposed that UNCITRAL develop a convention on the enforcement of conciliated settlement agreements that resolve international commercial disputes. See A/CN.9/822, available at http:// www.uncitral.org/uncitral/commission/ sessions/47th.html. In 2015, UNCITRAL decided that its Working Group II should begin work on the topic. The Working Group discussed the topic at its September 2015 and February 2016 sessions, and will do so again at its September 2016 session. Documents for Working Group II are available at http:// www.uncitral.org/uncitral/en/ commission/working_groups/ 2Arbitration.html. The purpose of the public meeting is to obtain the views of concerned stakeholders on the instrument being developed by UNCITRAL. Those who cannot attend but wish to comment are welcome to do so by email to Tim Schnabel at SchnabelTR@state.gov. Time and Place: The meeting will take place from 10:00 a.m. until 1:00 p.m. at 2430 E Street NW (South Building, SA–4A), Room 240, Washington, DC. Participants should arrive at the Navy Hill/Potomac Annex gate at 23rd and D Streets NW before 9:40 a.m. for visitor screening, and will be escorted to the South Building. If you are unable to attend the public meeting and would like to participate from a remote location, teleconferencing will be available. Public Participation: This meeting is open to the public, subject to the capacity of the meeting room. Access to the building is strictly controlled. For pre-clearance purposes, those planning to attend should email pil@state.gov providing full name, address, date of birth, citizenship, driver’s license or passport number, and email address. This information will greatly facilitate entry into the building. A member of the public needing reasonable accommodation should email pil@ state.gov not later than August 17, 2016. Requests made after that date will be considered, but might not be able to be fulfilled. If you would like to participate by telephone, please email pil@state.gov to obtain the call-in number and other information. We ask that each person who intends to participate by telephone notify us directly so that we may ensure that we have adequate dial-in capacity. Data from the public is requested pursuant to Public Law 99–399 (Omnibus Diplomatic Security and VerDate Sep<11>2014 20:16 Jul 29, 2016 Jkt 238001 Antiterrorism Act of 1986), as amended; Public Law 107–56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS–D) database. Please see the Security Records System of Records Notice (State-36) at https:// foia.state.gov/_docs/SORN/State-36.pdf for additional information. Dated: July 20, 2016. Timothy R. Schnabel, Attorney-Adviser, Office of Private International Law, Office of Legal Adviser, Department of State. [FR Doc. 2016–18125 Filed 7–29–16; 8:45 am] BILLING CODE 4710–08–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that the State of Minnesota has applied for an exemption from regulations governing commercial driver’s license (CDL) skills testing procedures and practices. Minnesota believes it can deliver 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 comments on the request for exemption. DATES: Comments must be received on or before August 31, 2016. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2016–0180 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • 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., SUMMARY: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ‘‘SEARCH for’’ enter FMCSA–2016–0180 and click on the tab labeled ‘‘SEARCH.’’ 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. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Thomas L. Yager, Chief, 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: 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 E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices conducted. The Agency must also provide an opportunity for public comment on the request. 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)). sradovich on DSK3GMQ082PROD with NOTICES Background The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was designed to improve highway safety by ensuring that truck and bus drivers are qualified to drive a commercial motor vehicle (CMV). It provided for removal of the driving privileges of unsafe or unqualified drivers. States issue commercial driver’s licenses (CDLs) to CMV operators, but the CMVSA directed the Federal government to establish minimum requirements for the issuance of a CDL. Subpart H of 49 CFR part 383 contains the principal requirements governing State testing of applicants for a CDL. Testing must be conducted in such a way as to determine if the applicant possesses the required knowledge and skills (§ 383.133(a)). Request for Exemption Minnesota seeks a partial exemption from § 383.133, ‘‘Test Methods.’’ Pursuant to that section, the CDL skills test must be conducted in three parts in the following order: pre-trip inspection, vehicle control skills, and on-road driving (§ 383.133(c)(6)). Minnesota asks that it be allowed to combine the second and third parts (vehicle control skills and on-road driving) and thus reduce the skills test to two parts. It also asks to be exempted from using the American Association of Motor Vehicle Administrators (AAMVA) 2005 Test Model Score Sheet. Finally, it 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 states that under its proposed approach, it can more efficiently manage the limited space of VerDate Sep<11>2014 20:16 Jul 29, 2016 Jkt 238001 its test sites and conduct more CDL tests each day. It states that denial of its application for exemption will result in a less-rigorous CDL test and negatively affect motor carriers and drivers. A copy of Minnesota’s application for exemption is in the docket listed at the beginning of this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Minnesota’s application for exemption. The Agency will consider all comments received by close of business on August 31, 2016. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Issued on: July 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–18131 Filed 7–29–16; 8:45 am] BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0121; FMCSA– 2013–0123; FMCSA–2013–0124; FMCSA– 2013–0125; FMCSA–2014–0102; FMCSA– 2014–0104] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions for 20 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: This decision was effective March 4, 2016. Comments must be received on or before August 31, 2016. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, 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 p.m. Monday through Friday, except Federal holidays. SUMMARY: Frm 00134 Fmt 4703 SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or 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., e.t., Monday through Friday, except Federal holidays. 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 DEPARTMENT OF TRANSPORTATION PO 00000 50593 Sfmt 4703 Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to 2 years if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The physical qualification standard for drivers regarding hearing found in 49 CFR 391.41(b)(11) states that a person is physically qualified to driver a CMV if that person: First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. 49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). The 20 individuals listed in this notice have requested renewal of their exemptions from the hearing standard in 49 CFR 391.41(b)(11), in accordance with FMCSA procedures. III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50592-50593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18131]


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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 has applied for an 
exemption from regulations governing commercial driver's license (CDL) 
skills testing procedures and practices. Minnesota believes it can 
deliver 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 comments on the request for exemption.

DATES: Comments must be received on or before August 31, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0180 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2016-0180 and click on the tab 
labeled ``SEARCH.''
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Thomas L. Yager, Chief, 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: 

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

[[Page 50593]]

conducted. The Agency must also provide an opportunity for public 
comment on the request.
    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)).

Background

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was 
designed to improve highway safety by ensuring that truck and bus 
drivers are qualified to drive a commercial motor vehicle (CMV). It 
provided for removal of the driving privileges of unsafe or unqualified 
drivers. States issue commercial driver's licenses (CDLs) to CMV 
operators, but the CMVSA directed the Federal government to establish 
minimum requirements for the issuance of a CDL.
    Subpart H of 49 CFR part 383 contains the principal requirements 
governing State testing of applicants for a CDL. Testing must be 
conducted in such a way as to determine if the applicant possesses the 
required knowledge and skills (Sec.  383.133(a)).

Request for Exemption

    Minnesota seeks a partial exemption from Sec.  383.133, ``Test 
Methods.'' Pursuant to that section, the CDL skills test must be 
conducted in three parts in the following order: pre-trip inspection, 
vehicle control skills, and on-road driving (Sec.  383.133(c)(6)). 
Minnesota asks that it be allowed to combine the second and third parts 
(vehicle control skills and on-road driving) and thus reduce the skills 
test to two parts. It also asks to be exempted from using the American 
Association of Motor Vehicle Administrators (AAMVA) 2005 Test Model 
Score Sheet. Finally, it 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 states that under its proposed approach, it can more 
efficiently manage the limited space of its test sites and conduct more 
CDL tests each day. It states that denial of its application for 
exemption will result in a less-rigorous CDL test and negatively affect 
motor carriers and drivers. A copy of Minnesota's application for 
exemption is in the docket listed at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Minnesota's application for exemption. The 
Agency will consider all comments received by close of business on 
August 31, 2016.
    Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice.

    Issued on: July 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18131 Filed 7-29-16; 8:45 am]
 BILLING CODE 4910-EX-P