Commercial Driver's License: Application for Exemption; Missouri Department of Revenue (DOR), 74861-74862 [2016-25965]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74861-74862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25965]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0130]


Commercial Driver's License: Application for Exemption; Missouri 
Department of Revenue (DOR)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant a limited exemption to 
the Missouri Department of Revenue (DOR), Driver's License Bureau, and, 
at their option, all other State driver licensing agencies (SDLAs), 
from the commercial driver's license (CDL) regulations. These 
regulations require a driver to pass the general knowledge test before 
being issued a Commercial Learner's Permit (CLP). The Missouri DOR 
requested an exemption from the knowledge test requirement for 
qualified current or former military personnel who participated in 
training in military heavy-vehicle driving programs. The Missouri DOR 
contends that qualified personnel who participated in such training 
have already received numerous hours of classroom training, practical 
skills training, and one-on-one road training that are essential for 
safe driving.

DATES: The exemption is effective from October 27, 2016 through October 
29, 2018.

ADDRESSES: 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. Tom Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 614-942-6477. 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-2016-0130'' 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 the Federal Motor Carrier Safety Regulations. 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 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 the exemption is 
granted. The notice must also specify the effective period of the 
exemption, and explain its terms and conditions. The exemption may be 
renewed (49 CFR 381.300(b)).

III. Request for Exemption

    The Missouri DOR requested an exemption from 49 CFR 
383.71(a)(2)(ii), which requires any person applying for a Commercial 
Learner's Permit (CLP) on or after July 8, 2015, to have taken and 
passed a general knowledge test that meets the Federal standards 
contained in subparts F, G and H of 49 CFR part 383 for the commercial 
vehicle group that person operates or expects to operate. The Missouri 
DOR requested an exemption from the knowledge test requirements for 
trained military truck drivers, in effect giving designated drivers 
credit for military training and experience.
    The Missouri DOR provided a number of reasons for its application. 
It contends that qualified veterans who completed military heavy-
vehicle driver training programs have already received numerous hours 
of classroom training, practical skills training, and one-on-one road 
training that are essential for safe driving. Other reasons for their 
request included:
     The hours of training in these military programs exceeds 
hours required by FMCSA's proposed entry-level driver training rule. 
The skill level required by military courses is comparable to that 
needed to pass the American Association of Motor Vehicle Administrators 
(AAMVA) 2005 CDL Test Model (amended 2010);
     Military personnel who complete specialized driver 
training are assigned duties where their driving skills are applied and 
used on a frequent basis, an obvious asset in civilian life; and
     The trucking industry predicts a growing shortage of new 
drivers. Providing this incentive will helpfully assist trained 
military truck drivers' transition into civilian jobs.

IV. Public Comments

    On April 20, 2016, FMCSA published notice of this application and 
requested public comments (81 FR 23349). The Minnesota Department of 
Motor Vehicle Safety, the North Dakota Department of Transportation, 
and the Advocates for Highway and Auto Safety (Advocates) filed 
comments opposing the exemption. The North Dakota Department of 
Transportation stated that the exemption should not be granted until 
there are assurances that military training in lieu of the State 
knowledge test meets the requirements in 49 CFR 383.111, Required 
knowledge. The Minnesota Department of Motor Vehicle Safety suggested 
that, in lieu of granting this exemption

[[Page 74862]]

request, the military's training and licensing programs could be 
accepted as SDLA programs; i.e., military licenses could be treated as 
equivalent to a CDL.
    The Advocates pointed out that the current skills test exemption in 
Sec.  383.77 requires applicants to provide evidence that they were 
regularly employed within the last 90 days in a military position 
requiring the operation of a CMV. Advocates expressed concern that the 
Missouri DOR application did not include a similar experience 
requirement for ex-military personnel seeking a knowledge test 
exemption. Such a requirement should be included if the Agency grants 
the application to ensure that the knowledge obtained in the military 
has not diminished over an extended period of time. However, Advocates 
argues that making this exemption available to all 50 States and the 
District of Columbia is a permanent and material revision of Federal 
regulations that must be done through formal rulemaking allowing for 
review and comment by the public, including SDLAs.

V. FMCSA Response

    FMCSA disagrees with the North Dakota Department of Transportation 
comments that this exemption should not be granted until there are 
assurances that military training in lieu of the State knowledge tests 
meets the requirements in 49 CFR 383.111. The training provided by 
these specialized military programs includes many hours of classroom 
training (typically based on FMCSA's own regulations, including all of 
the elements of Sec.  383.111), practical skills training, and on-the-
road training, followed by actual driving in support of the military 
mission. There is no reason to believe that military training is 
deficient compared to the requirements of Sec.  383.111. FMCSA further 
disagrees with the Minnesota Department of Motor Vehicle Safety's 
suggestion that in lieu of granting this exemption request, the 
military's licensing and training program should be accepted as an SDLA 
program. Such an action would first require extensive legal analysis 
and would be very complex in any case.
    The limited exemption approved today allows the States to waive the 
CDL knowledge test but does not require them to do so. The Agency 
expects few SDLAs to participate due to a lack of demand in their 
geographical areas and the administrative burden involved. However, 
because FMCSA cannot predict which State SDLAs may want to use this 
exemption, the Agency has made it available to all States. SDLAs that 
choose to participate will be able to establish their own 
administrative procedures to implement the exemption, e.g., policies 
for acceptable documentation showing that the applicant has received 
the required military heavy-vehicle operation training, and has been 
employed in the past year in a position requiring such duties.
    Although Missouri used the term ``veterans'' in its application, to 
add clarity and be consistent with similar programs, we have expanded 
the eligibility to include ``current or former members of the military 
services (including Reserve and National Guard units), who have been 
regularly employed within the last year in a military position that 
requires operation of large trucks, and have received formal military 
training for that duty.'' This is consistent with comments filed by 
Advocates.

VI. FMCSA Decision

    FMCSA has evaluated Missouri DOR's application and the public 
comments and decided to grant the exemption. FMCSA agrees with the 
reasons for the request made by the Missouri DOR. The two primary 
reasons were that the training provided by these specialized military 
programs includes many hours of classroom training, practical skills 
training, and on-the-road training that are essential for safe driving. 
In addition, the hours of training in these programs is in excess of 
the training proposed in FMCSA's own entry-level driver training rule 
(81 FR 11944, March 7, 2016), and is comparable to the skills needed to 
pass the AAMVA CDL test model. FMCSA has concluded that the exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption, in 
accordance with Sec.  381.305(a).

VII. Terms and Conditions

    The following are the Terms and Conditions of this exemption:
    (1) SDLAs may, at their discretion, issue CLP/CDLs to qualifying 
applicants as described below, without these applicants being required 
to complete the knowledge test required by 49 CFR 383.71(a)(2)(ii).
    (2) ``Qualifying applicants'' must:
    (a) Be current or former members of the military services 
(including Reserve and National Guard units),
    (b) Have been regularly employed within the year prior to 
application in a military position that requires operation of large 
trucks, and
    (c) Have received formal military training for that duty.
    (3) Participating SDLAs may establish their own requirements and 
administrative procedures for verifying the eligibility of applicants.

    Issued on: October 20, 2016.
 T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25965 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-EX-P