Military Licensing and State Commercial Driver's License Reciprocity, 26894-26902 [2017-12079]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Pages 26894-26902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12079]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383, 384

[Docket No. FMCSA-2017-0047]
RIN 2126-AB99


Military Licensing and State Commercial Driver's License 
Reciprocity

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would allow State Driver Licensing Agencies 
(SDLAs) to waive the requirements for the commercial driver's license 
(CDL) knowledge tests for certain individuals who are, or were, 
regularly employed within the last year in a military position that 
requires/required, the operation of a commercial motor vehicle (CMV).

DATES: Comments on this notice must be received on or before August 11, 
2017.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2017-0047 using any of the following methods:
     Federal eRulemaking Portal: https://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., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001, by email at Selden.fritschner@dot.gov, 
or by telephone at 202-366-0677. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 
    This notice of proposed rulemaking (NPRM) is organized as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Waiver of Advance Notice of Proposed Rulemaking
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Regulatory Background
    A. Current Standards
    B. Recent Activity
V. Discussion of Proposed Rulemaking
VI. Removal of Regulatory Guidance
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses
    A. Executive Order (E.O.) 12866 (Regulatory Planning and 
Review), E.O. 13563 (Improving Regulation and Regulatory Review), 
and DOT Regulatory Policies and Procedures)
    B. Regulatory Flexibility Act (Small Entities)
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act (Collection of Information)
    F. E.O. 13132 (Federalism)
    G. E.O. 12988 (Civil Justice Reform)
    H. E.O. 13045 (Protection of Children)
    I. E.O. 12630 (Taking of Private Property)
    J. Privacy
    K. E.O. 12372 (Intergovernmental Review)
    L. E.O. 13211 (Energy Supply, Distribution, or Use)
    M. E.O. 13175 (Indian Tribal Governments)
    N. National Technology Transfer and Advancement Act (Technical 
Standards)
    O. Environment (NEPA, CAA, Environmental Justice)

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (Docket No. FMCSA-2017-0047), indicate the specific section of 
this document to which each section applies, and provide a reason for 
each suggestion or recommendation. 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 that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2017-0047, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on 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 change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2017-0047, 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.

C. 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.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under section 5202 of the Fixing America's Surface Transportation 
Act, Public Law 114-94 (FAST Act), if a regulatory proposal is likely 
to lead to the promulgation of a major rule, agencies are required to 
start the process

[[Page 26895]]

with an advance notice of proposed rulemaking (ANPRM) or a negotiated 
rulemaking, unless the Agency finds good cause that an ANPRM is 
impracticable, unnecessary, or contrary to the public interest. This 
NPRM is not subject to these provisions because it is not likely to 
lead to the promulgation of a major rule.

II. Executive Summary

    This proposed rule would allow SDLAs to waive the requirements for 
a knowledge test for certain individuals who are regularly employed, or 
were regularly employed within the last year, in a military position 
requiring the operation of a CMV. This rulemaking implements part of 
section 5401 of the FAST Act.
    Today's proposed rule, in combination with a recent rulemaking--
Commercial Driver's License Requirements of the Moving Ahead for 
Progress in the 21st Century Act (MAP-21) and the Military Commercial 
Driver's License Act of 2012, published on October 13, 2016, (81 FR 
70634), hereafter referred to as the Military CDL I Rule--would give 
States the option to waive both the CDL knowledge and skills tests for 
certain current and former military service members who received 
training in the operation of CMVs during active-duty or reserve service 
in military vehicles that are comparable to CMVs. The combined effect 
of the Military CDL I Rule and this proposal would allow certain 
current or former military drivers, domiciled in participating States, 
to transition more quickly from the armed forces to civilian driving 
careers.
    FMCSA evaluated potential costs and benefits associated with this 
proposed rulemaking. The Agency concluded that costs, if any, would be 
minimal and are not quantifiable, while benefits would accrue primarily 
to certain current and former military service members transitioning 
into civilian careers as CMV drivers, and secondarily to their 
potential employers. Because the proposed rule is voluntary--States are 
not required to waive the knowledge and/or skills tests--potential 
variations among States with respect to conditions and limitations 
imposed beyond those of this proposed rule could be substantial. The 
Agency is unable to quantify these benefits.

III. Legal Basis for the Rulemaking

    This rulemaking rests on the authority of the Commercial Motor 
Vehicle Safety Act of 1986 (CMVSA), as amended, codified at 49 U.S.C. 
chapter 313 and 49 CFR parts 382, 383, and 384. The NPRM also responds 
to section 5401(a) of the FAST Act [Pub. L. 114-94, 129 Stat. 1312, 
1546, December 4, 2015]. This section requires FMCSA to modify the 
minimum testing standards of its CDL regulations to credit the training 
and knowledge that certain current or former military drivers received 
in the armed forces, including the reserve components and National 
Guard, in order to drive military vehicles similar to civilian CMVs [49 
U.S.C. 31305(d)(1)(C)].
    The CMVSA provides broadly that ``[t]he Secretary of Transportation 
shall prescribe regulations on minimum standards for testing and 
ensuring the fitness of an individual operating a commercial motor 
vehicle'' [49 U.S.C. 31305(a)]. In general, those regulations must 
include (1) minimum standards for knowledge and driving (skills) tests, 
(2) use of a representative vehicle to take the driving test, (3) 
minimum testing standards, and (4) working knowledge of CMV regulations 
and vehicle safety systems [49 U.S.C. 31305(a)(1)-(4)].
    Section 5401(a) of the FAST Act added 49 U.S.C. 31305(d): 
``Standards for Training and Testing of Veteran Operators.'' Section 
31305(d)(1)(A) required the Agency to modify its CDL regulations to 
``exempt a covered individual from all or a portion of a driving test 
if the covered individual had experience in the armed forces or reserve 
components driving vehicles similar to a commercial motor vehicle.'' 
Section 31305(d)(1)(B) required FMCSA to ``ensure that a covered 
individual may apply for an exemption under subparagraph (A) during, at 
least, the 1-year period beginning on the date on which such individual 
separates from services in the armed forces or reserve components.'' 
The term ``reserve components'' includes the Army and Air National 
Guard. Section 5401(c) also directed the Agency to adopt regulations 
allowing certain military personnel an exemption from the normal CDL 
domicile requirement, as authorized by the Military Commercial Driver's 
License Act of 2012 [Military CDL Act] and codified at 49 U.S.C. 
31311(a)(12)(C). These three provisions were implemented by the 
Military CDL I Rule.
    The last element of section 5401(a), which was not addressed in the 
Military CDL I Rule, directed the Agency to ``credit the training and 
knowledge a covered individual received in the armed forces or reserve 
components driving vehicles similar to a commercial motor vehicle for 
purposes of satisfying minimum standards for training and knowledge'' 
[49 U.S.C. 31305(d)(1)(C)]. That requirement is the subject of this 
NPRM. It should be noted that section 31305(d)(2)(B) defines a 
``covered individual'' as someone over 21 years of age who is ``(i) a 
former member of the armed forces; or (ii) a former member of the 
reserve components'' [emphasis added]. Limitation of the ``credit'' to 
be conferred by section 5401(a) to former members of the active-duty 
armed forces is at least understandable, since active-duty service 
members would presumably not have enough off-duty time to engage in 
civilian driving requiring a CDL. However, limiting that ``credit'' to 
former members of the reserve components would exclude large numbers of 
current reservist drivers who received the same rigorous military CMV 
training as active-duty personnel but perform military service only 
part-time, while holding full-time civilian jobs. Because the clear 
objective of section 5401(a) is to make it easier for trained military 
drivers to obtain CDLs and move into civilian driving careers, and 
because the word ``former'' in the definition of a ``covered 
individual'' largely defeats the purpose of the statute, FMCSA has 
concluded that it would be appropriate to expand the eligible 
population. This NPRM would therefore allow SDLAs to waive the 
knowledge test for both current and former service members who had 
undergone certain CMV driver training while serving in the military. 
Using the broad authority of 49 U.S.C. 31315(b), the Agency took the 
same position (without comment) in granting all SDLAs the temporary 
option (for a 2-year period) of waiving the CDL knowledge test for 
current or former members of the military services, including the 
reserves and National Guard, who had completed certain formal military 
driver training (81 FR 74861, Oct. 27, 2016).
    Federal training standards for CMV drivers were adopted only 
recently. Section 32304 of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21) [Pub. L. 112-141, July 6, 2012, 126 Stat. 405, 
791] required entry-level driver training (ELDT) of CDL applicants [49 
U.S.C. 31305(c)]. That requirement was promulgated on December 8, 2016 
[81 FR 88732]. However, the ELDT rule provides that ``(3) Veterans with 
military CMV experience who meet all the requirements and conditions of 
Sec.  383.77 of this chapter'' are not required to complete the new 
entry-level training program [49 CFR 380.603(a)(3)]. Because Sec.  
383.77 authorizes the States to exempt CDL applicants with military CMV 
experience from the driving skills test, those drivers are also exempt 
from ELDT.

[[Page 26896]]

    Under 49 CFR 383.77, as amended by the Military CDL I Rule, the 
Agency now provides partial credit for military drivers' training and 
knowledge by allowing States to exempt from the CDL driving skills test 
those employees who are or were regularly employed within the last year 
in a military position requiring the operation of a military vehicle 
that is comparable to a CMV.
    This NPRM would implement 49 U.S.C. 31305(d)(1)(C) by giving States 
the discretion (subject to certain limits) to exempt CDL applicants 
with military CMV experience from the knowledge test required for a 
commercial learner's permit (CLP). This NPRM would complete the 
requirement of section 31305(d)(1)(C) to ``credit the training and 
knowledge a covered individual received in the armed forces or reserve 
components driving vehicles similar to a commercial motor vehicle for 
purposes of satisfying minimum standards for training and knowledge.''

IV. Regulatory Background

A. Current Standards

Knowledge Test
    As specified in 49 CFR 383.71(a)(2)(ii), any individual applying 
for a CDL or CLP is required to take and pass a general knowledge test. 
The general knowledge test must meet the Federal standards contained in 
subparts F, G, and H of part 383 for the commercial vehicle group that 
person operates or expects to operate.
Skills Test
    A final rule published on May 9, 2011 [``Commercial Driver's 
License Testing and Commercial Learner's Permit Standards'' (76 FR 
26854)] added new 49 CFR 383.77, which allowed the States to substitute 
CDL applicants' eligible military CMV experience for the skills test.

B. Recent Activity

Military CDL I Rule
    The Military CDL I Rule addressed the requirements of 49 U.S.C. 
31305(d)(1)(A) and (B) (81 FR 70634). That rule allowed States to 
extend from 90 days to 1 year the period of time for an individual who 
is regularly employed or was regularly employed in a position requiring 
operation of a CMV to apply for a skills test waiver after leaving the 
military.
    Additionally, the Military CDL I Rule allowed the SDLA in the State 
where military personnel are stationed (State of duty station) to 
coordinate with the State of domicile to expedite the processing of 
applications and administer the knowledge and skills tests for a CLP or 
CDL. The SDLA in the State of domicile could then issue the CLP or CDL 
on the basis of tests performed by the SDLA in the State of duty 
station.
Knowledge Test Exemption Request
    The Missouri Department of Revenue (DOR) submitted a request for an 
exemption from the FMCSA regulation that requires any driver to pass 
the general knowledge test before being issued a CLP or CDL. The 
request is available in docket FMCSA-2016-0130, or at: https://www.regulations.gov/document?D=FMCSA-2016-0130-0004. The Missouri DOR 
asked FMCSA to waive the knowledge test requirement for qualified 
veterans who participated in dedicated training through approved 
military programs. The Missouri DOR contended that qualified personnel 
who participated in such programs had already received the numerous 
hours of classroom training, practical skills, and one-on-one road 
training that are essential for safe driving. Upon reviewing the 
request, FMCSA agreed with Missouri DOR's reasoning and granted a two-
year exemption on October 27, 2016 (81 FR 74861). The Agency extended 
the exemption to allow all SDLAs, at their discretion, to waive the 
knowledge test requirements to qualified veterans, reservists, National 
Guard, and active-duty personnel.

V. Discussion of Proposed Rulemaking

    This NPRM addresses the third requirement of section 5401(a) of the 
FAST Act [49 U.S.C. 31305(d)(1)(C)] by proposing to allow SDLAs to 
exempt certain personnel from the CDL knowledge test. Those personnel 
are drivers who are regularly employed, or were regularly employed 
within the last year, in a military position requiring operation of a 
military vehicle comparable to a CMV, and who completed an approved 
military driver training program. FMCSA believes that this proposal 
would maintain a level of safety equivalent to, or greater than, the 
level that would be achieved by requiring military-trained drivers to 
pass the knowledge test.

Sec.  383.23 Commercial Driver's License

    The reference to ``written'' tests in Sec.  383.23(a)(1) would be 
changed to ``knowledge'' tests to be consistent with terminology used 
elsewhere in part 383.

Sec.  383.77 Substitute for Driving Skills Tests for Drivers With 
Military CMV Experience

    Section 383.77(a)(1) would be revised to match proposed section 
383.79(b)(2)(iii) and to avoid the unintended implication of the 
reference to ``not . . . more than one license.'' That original 
language could be misread to disqualify from the skills test waiver a 
driver who, in the two years immediately before applying for a CDL, 
moved from one State to another and held licenses sequentially, but not 
simultaneously, from both States. The proposed language makes it clear 
that an applicant cannot simultaneously have held more than one 
civilian license, in addition to a military license.

Sec.  383.79 Skills Testing of Out-of-State Students; Knowledge Test 
Waivers for Military Personnel

    The proposal would amend Sec.  383.79(b) to allow States to waive 
the CLP knowledge test for certain current or former military service 
members (subject to certain conditions and limitations) who were 
regularly employed in a military position requiring the operation of a 
CMV during the year immediately preceding the license application. The 
conditions imposed on the waiver are essentially those included in 
Sec.  383.77 when that provision was adopted in 2011.
    Like the Military CDL I Rule, this proposed rule would be 
permissive, i.e., the States would be allowed, but not required, to 
exercise the waiver option.

Sec.  384.301 Substantial Compliance General Requirements

    FMCSA would amend 49 CFR 384.301 by adding paragraph (l), 
specifying a 3-year compliance date for States. FMCSA has always 
allowed the States 3 years after the effective date of any new CDL rule 
to come into substantial compliance with its requirements. This would 
allow the States time to pass legislation needed to comply with the new 
provisions.

Justification for Changes: Armed Forces Heavy-Vehicle Driver Training 
Programs

    Upon reviewing military driver training programs, the Agency has 
concluded that these programs enable drivers to maintain a level of 
safety equivalent to, or greater than, the level that would be achieved 
by requiring them to pass the CDL knowledge test. The Army, Air Force, 
Navy, and Marine Corps provide specific training

[[Page 26897]]

dedicated to operating heavy-duty vehicles.\1\
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    \1\ Note: Heavy-duty vehicles is a generic description used in 
the military to describe vehicles that have been determined by FMCSA 
and the American Association of Motor Vehicle Administrators to have 
weights equal to or larger than the weights that require a driver to 
hold a CDL.
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    There are three basic military job training classifications, with 
additional training for other types of heavy-duty specialty vehicles 
(e.g., gasoline haulers, construction vehicles, and military equipment 
transport oversize/overweight [non-track vehicles]).
    The four core training programs for heavy vehicle operations, based 
on the occupational specialty code of the service member, are:
     Army--88M--Motor Transport Operator.
     Air Force--2T1--Vehicle Operations.
     Marine Corps--3531--Motor Vehicle Operator.
     Navy--EO--Equipment Operator.
Army--88M Training
    The 88M Instructor Training Manual is 142 pages long. The student 
manual--STP 55-88M14-SM-TG Soldier's Manual and Trainer's Guide 88M, 
Motor Transport Operator--is 229 pages long and includes four levels of 
training. The 6-week core curriculum of the Army 88M course contains a 
total of 221 hours of training, including:
     Lecture--32 classroom hours.
     Practical application--road driving--189 hours.
    Motor Transport Operators are primarily responsible for operating 
wheeled vehicles to transport personnel and cargo. Motor Transport 
Operator duties include: Interior components/controls and indicators; 
basic vehicle control; driving vehicles over all types of roads and 
terrain, traveling alone or in convoys; braking, coupling, backing, and 
alley docking; adverse/tactical driving operations; pre-trip 
inspections; reading load plans; checking oil, fuel and other fluid 
levels, as well as tire pressure; operations in automatic and manual 
modes; crash prevention; safety check procedures; basic vehicle 
maintenance and repairs; transporting hazardous materials; and keeping 
mileage records.
Air Force--2T1--Vehicle Operations
    The Air Force Tractor Trailer Plan of Instruction (POI) is 226 
pages long. The minimum length of instruction for the basic school is 
84 hours, including:
     22 hours of classroom.
     62 hours of hands-on activity, both alone on a training 
pad and on the road with an instructor.
    The core curriculum is based on the material in the American 
Association of Motor Vehicle Administrators (AAMVA) CDL Manual--2005 
edition (2014 revised). Students participating in the basic 2T1 
curriculum learn general principles in the classroom. Specialized 
training occurs at the installation using the Tractor Trailer Plan of 
Instruction. A minimum of 40 hours over-the-road time is expected on 
each vehicle/trailer type.
    Topics covered in the Air Force Vehicle Operations course include: 
Overview of training and Federal requirements; Federal motor vehicle 
safety standards; tractor/trailer design; hazards and human factors 
relative to the environment where used; safety clothing and equipment; 
driving safely; pre- and post-trip vehicle inspection; basic vehicle 
control; shifting gears; managing space and speed; driving in 
mountains, fog, winter, very hot weather, and at night; railroad 
crossings; defensive awareness to avoid hazards and emergencies; skid 
control and recovery; what to do in case of a crash; fires; staying 
alert and fit to drive; hazardous materials--rules for all commercial 
drivers; preparing, inspecting, and transporting cargo safely; 
inspecting and driving with air brakes; driving combination vehicles 
safely; and coupling and uncoupling.
Marine Corps--3531--Motor Vehicle Operator
    The core curriculum of the Marine Corps 3531 course--TM 11240-15/3G 
contains three training areas:
     Lecture--24 classroom hours.
     Demonstration--classroom/training pad--35 hours.
     Practical application--road driving--198 hours.
    Instructional breakout includes:
     Demonstration: 35 hours.
     Guided discussion: 1.5 hours.
     Lecture: 24 hours.
     Performance examination: 62 hours.
     Practical application (individual): 198 hours.
     Knowledge examination: 7 hours.
    Classroom instruction includes lectures, demonstration, and 
practice time for the specific tasks identified. Each classroom session 
includes knowledge and performance evaluations to ensure students have 
mastered all of the learning objectives for the specialty proficiency. 
Training includes both simulators and actual vehicle operation. 
Practical training includes on-the-road and skills operations, ground 
guide procedures, and operating a vehicle with a towed load. Students 
practice their driving and backing, with and without a trailer. 
Instructors ride with the students as they operate on approved road 
routes. Specific training areas (pads) are set aside for the students 
to practice their backing skills and ground guide procedures safely.
    The Marine Corps training curriculum also includes emergency 
procedures and cargo loading.
Navy--EO--Equipment Operator
    The core curriculum of the USN Heavy Vehicle Operator (Truck 
Driver) (EO) course (53-3032.00) is designed to train Navy personnel 
how to operate passenger and cargo vehicles to rated capacity. They 
palletize, containerize, load and safely transport various types of 
cargo and demonstrate knowledge and skills for qualifying as a driver 
journeyman. The complete program covers topics including:

 Hazardous materials transportation
 Line haul planning
 Manual tractor-truck operations
 Vehicle Recovery Operations

    The course is taught over 160 hours including 30 hours classroom 
and 130 hours lab (behind the wheel). By completing this course, the 
Navy driver will be able to:
     Perform the duties of normal, non-combat conditions 
driving in accordance with the local state driver licensing agency's 
CDL driver handbook;
     Manage hazardous petroleum, oils and lubricants (POL) 
material required during line haul and worksite activities, to support 
normal, non-combat operations;
     Perform preventive maintenance on a non- or up-armored 
manual truck tractor with drop-neck trailer, consisting of pre-start, 
during-operations, and after-operations equipment checks, to support 
normal, non-combat operations, in accordance with local State Driver 
License Agency CDL handbooks;
     Operate vehicle controls of a non- or up-armored manual 
truck-tractor, to support normal, non-combat operations; and
     Be proficient with the components and controls of a drop-
neck trailer relative to a detached/attached gooseneck and a coupled/
uncoupled trailer.
    Other topics covered within the Navy EO training program include:

 Development and maintenance of operational records
 Operation of high mobility multi-purpose wheeled vehicles
 Weight distribution and load securement
 Loading bulk and container cargo
 Preventive maintenance

[[Page 26898]]

 Pre- and post-trip vehicle safety inspections

    The military training programs described above are thorough and 
comprehensive. They incorporate most of the elements recommended by the 
Professional Truck Driver Institute, which has been the principal 
standard-setting organization for private-sector motor carrier training 
for decades. They are also entirely compatible with the requirements of 
FMCSA's recently-adopted ELDT rule. Although geared to heavy-duty 
military vehicles, military training is readily transferrable to a 
civilian context, since the operational characteristics of large 
military and civilian vehicles are very similar and, in some cases, 
identical. The Agency believes that exempting these drivers from the 
CLP knowledge test, in addition to the skills test, will have no 
adverse effect on highway safety.

VI. Removal of Regulatory Guidance

    FMCSA's previous regulatory guidance for Sec.  383.77 was removed 
when the Agency's guidance for 49 CFR parts 383 and 384 was revised and 
reissued; see ``Commercial Driver's License Standards, Requirements and 
Penalties; Regulatory Guidance'' (DATE XX FR XXXX).

VII. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries in which they operate, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

VIII. Section-by-Section

Sec.  383.23 Commercial Driver's License

    The reference to ``written'' tests in paragraph (a)(1) would be 
changed to ``knowledge'' tests to match the terminology used elsewhere 
in part 383.

Sec.  383.77 Substitute for Driving Skills Tests for Drivers With 
Military CMV Experience

    Section 383.77(a)(1) would be revised to state that an applicant 
may not have held two civilian licenses simultaneously, in addition to 
a military license.

Sec.  383.79 Skills Testing of Out-of-State Students; Knowledge Test 
Waivers for Certain Military Personnel

    The title of this section would be amended slightly, while 
paragraph (a), CDL applicants trained out-of-State, would not be 
modified.
    Existing paragraph (b), Military service member applicants for a 
CLP or CDL, would be removed and replaced by a new paragraph (b), 
Knowledge test waivers for certain current or former military service 
members applying for a CLP or CDL.
    Existing paragraph (b)(1) would be redesignated as proposed 
paragraph (c). A new paragraph, In general, would be added as paragraph 
(b)(1).
    Existing paragraph (b)(2) would be redesignated as proposed 
paragraph (d). A new paragraph, Conditions and limitations, would be 
added as paragraph (b)(2), outlining the requirements to apply for a 
waiver of the knowledge test.
    Redesignated paragraph (c) would retain the content of current 
paragraph (b)(1), State of duty station, but with some editorial 
changes.
    New paragraph (d), Electronic transmission, is currently codified 
as paragraph (b)(2).
    New paragraph (e), State of domicile, would be revised to reflect 
the new waiver options proposed by this NPRM.

Sec.  384.301 Substantial Compliance General Requirements

    This proposed rule would not alter the existing paragraphs in this 
section. Paragraph (l) is added.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    Under E.O. 12866 (58 FR 51735, October 4, 1993) as supplemented by 
E.O. 13563 and DOT policies and procedures, FMCSA must determine 
whether a regulatory action is ``significant,'' and therefore subject 
to OMB review and the requirements of the E.O. The Order defines 
``significant regulatory action'' as one likely to result in a rule 
that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal government or communities.
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency.
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof.
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O.
    FMCSA has determined that this action is not a significant 
regulatory action within the meaning of E.O. 12866 or significant 
within the meaning of Department of Transportation regulatory policies 
and procedures. However, FMCSA did evaluate the costs and benefits of 
this proposed rulemaking. This proposed rulemaking would not result in 
an annual effect on the economy of $100 million or more, lead to a 
major increase in costs or prices, or have significant adverse effects 
on the United States economy.
Costs and Benefits
    FMCSA evaluated potential costs and benefits associated with this 
proposed rulemaking. The Agency concludes that costs, if any, would be 
minimal and are non-quantifiable, while benefits would be realized by 
certain current and former military service members transitioning into 
civilian careers driving CMVs, as well as by their potential employers. 
Due to the voluntary nature of the proposed rule and potential 
variations across States with respect to conditions and limitations 
imposed beyond those of Sec.  383.79, the Agency is unable to quantify 
these benefits.
Section 383.79(b)
    The proposed rule would allow States to waive the requirement in 
Sec.  383.23(a)(1) that an applicant must pass a knowledge test for a 
CLP, including waiver of the knowledge test for a CLP required by Sec.  
383.111, for certain current or former military service members. This 
proposed rule would allow States to provide waivers of the knowledge 
test, if the individual can certify and provide evidence that during 
the 1-year period immediately prior to the application he or she met 
the criteria outlined in Sec.  383.79.
    Under the proposed rule, certain active-duty military service 
members may submit an application to the SDLA in their State of duty 
station for a CLP or CDL, including an application for a waiver of the 
knowledge test, upon prior agreement between respective SDLAs in the 
State of duty station and State of domicile. This proposed rule is 
therefore expected to result in time savings to active-duty service 
members equivalent to the amount of time that would otherwise be spent 
preparing for and taking the knowledge test. The Agency cannot quantify 
the aggregate extent of such time savings, as the proposed rule would 
not require States

[[Page 26899]]

to accept applications for waivers of the knowledge test; nor can the 
Agency know what conditions and limitations States may impose on 
applicants beyond those of this proposed rule. However, the Agency 
considers it likely that those States that elect to accept applications 
for waivers of the driving skills test would also accept applications 
for waivers of the knowledge test following implementation of the 
proposed rule, subject to similar conditions and limitations. If the 
proposed rule encourages additional active-duty military service 
members to seek civilian employment as drivers following their 
completion of military service, their potential employers may benefit 
from an increase in the labor supply; however, the Agency is likewise 
unable to quantify this benefit due to the reasons cited above.
    Certain former military service members seeking to transition into 
civilian employment as a driver may benefit under the proposed rule by 
no longer having to possess a CLP for 14 days before either taking the 
driving skills test or applying for a waiver of the driving skills 
test. Provided that their State of domicile would accept applications 
for waivers of both the knowledge test and the skills test, such former 
military service members may apply simultaneously for both. As noted 
above, the Agency considers it likely that States that elect to accept 
applications for waivers of the driving skills test would also accept 
applications for waivers of the knowledge test following implementation 
of the proposed rule, subject to similar conditions and limitations. By 
providing an expedited path to enter the labor market, the rule allows 
certain former service members to benefit from faster access to jobs, 
while their potential employers may benefit from faster access to those 
individuals' labor hours. As with certain active-duty military service 
members, certain former military service members who obtain waivers of 
the knowledge test would also incur time savings equivalent to the time 
that would otherwise be spent preparing for and taking the knowledge 
test. Due to the voluntary nature of this proposed rule and uncertainty 
regarding conditions and limitations States may impose on applicants 
beyond that of Sec.  383.79, the Agency cannot estimate the aggregate 
value of these benefits to certain former military service members or 
their potential employers.
    In considering the costs of the proposed rule, the Agency notes 
that the NPRM would allow the State of duty station (for active service 
members) to transmit completed applications to the State of domicile by 
a direct, secure, and efficient electronic system. Completed 
applications are to include any supporting documents pertinent to the 
waiver(s) being sought and--if the State of domicile has not exercised 
its waiver option--the results of any knowledge and skills tests 
administered. This proposed rule does not require the creation of or 
significant modification to existing communication methods between 
SDLAs. At present, transmissions between a State of duty station and 
State of domicile are already subject to identical requirements with 
respect to secure electronic transmission of completed applications 
under Sec.  383.79(c). The Agency expects de minimis modifications may 
be needed depending on individual State variations (if any) in 
documentation that would be required for applications for knowledge 
test waivers. The de minimis expectation is rooted in the assumption 
that States will take a pragmatic approach by requiring the same 
documentation for a knowledge test waiver application as for a skills 
test waiver application.

B. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et 
seq.), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal 
agencies to consider the impact of their regulatory proposals on small 
entities, analyze effective alternatives that minimize small entity 
impacts, and make their analyses available for public comment. The term 
``small entities'' means small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with a 
population of less than 50,000.\2\ Accordingly, DOT policy requires an 
analysis of the impact of all regulations on small entities, and 
mandates that agencies strive to lessen any adverse effects on these 
entities.
---------------------------------------------------------------------------

    \2\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Available 
at: https://www.sba.gov/advocacy/regulatory-flexibility-act 
(accessed December 14, 2016).
---------------------------------------------------------------------------

    When an agency issues a rulemaking proposal, the RFA requires the 
agency to ``prepare and make available for public comment an initial 
regulatory flexibility analysis'' which will ``describe the impact of 
the proposed rule on small entities'' (5 U.S.C. 603(a)). Section 605 of 
the RFA allows an agency to certify, in lieu of preparing an analysis, 
if the proposed rulemaking is not expected to have a significant 
economic impact on a substantial number of small entities.
    The primary entities affected by this proposed rule would be 
certain current and former military service members and SDLAs. Under 
the standards of the RFA, as amended by the SBREFA, none of these are 
small entities. Therefore, FMCSA has determined that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. Incidentally, the proposed rule's impacts on current 
and former military service members would be entirely beneficial by 
allowing States to provide more flexibility to those seeking to obtain 
a CDL. With respect to costs, the impacts on SDLAs that choose to 
exercise the waiver option are estimated to be de minimis.
    Accordingly, I hereby certify that this proposed rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities. FMCSA invites comment from 
members of the public who believe there will be a significant impact on 
small entities from this action.

C. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this proposed rule so that they can better evaluate 
its effects on themselves and participate in the rulemaking initiative. 
If the proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance; please consult the FMCSA point of 
contact, Selden Fritschner, listed in the FOR FURTHER INFORMATION 
CONTACT section of this proposed rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

[[Page 26900]]

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of $156 million (which is the 
equivalent of $100 million in 1995, adjusted for inflation to 2015 
levels) or more in any one year. Though this proposed rule would not 
result in such expenditure, the Agency does discuss the effects of the 
proposed rule elsewhere in this preamble.

E. Paperwork Reduction Act (Collection Information)

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    FMCSA has determined that this proposed rule would not have 
substantial direct costs on or for the States, nor will it limit the 
policymaking discretion of the States. This proposed rule does not 
preempt any State law or regulation. Therefore, this proposed rule does 
not have sufficient federalism implications to warrant the preparation 
of a Federalism Impact Statement.

G. E.O. 12988 (Civil Justice Reform)

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

H. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, April 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this proposed rule is not 
economically significant. Therefore, no analysis of the impacts on 
children is required. In any event, this regulatory action does not in 
any respect present an environmental health or safety risk that could 
disproportionately affect children.

I. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this proposed rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have taking implications.

J. Privacy

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118 
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a 
privacy impact assessment (PIA) of a regulation that will affect the 
privacy of individuals. Because this proposed rule does not require the 
collection of personally identifiable information (PII), the Agency is 
not required to conduct a PIA.
    The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat. 
2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a PIA 
for new or substantially changed technology that collects, maintains, 
or disseminates information in an identifiable form. No new or 
substantially changed technology would collect, maintain, or 
disseminate information as a result of this rule. Accordingly, FMCSA 
has not conducted a PIA.

K. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
program.

L. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that the rule is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Therefore, it 
does not require a Statement of Energy Effects under E.O. 13211.

M. E.O. 13175 (Indian Tribal Governments)

    This proposed rule does not have tribal implications under E.O. 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This proposed rule 
does not use technical standards. Therefore, FMCSA did not consider the 
use of voluntary consensus standards.

O. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this NPRM for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), 
Appendix 2, paragraphs 6.s.(6) and 6.t.(2). The Categorical Exclusion 
(CE) in paragraph 6.s.(6) covers a requirement for States to give 
knowledge and skills tests to all qualified applicants for commercial 
drivers' licenses which meet the Federal standard. The CE in paragraph 
6.t.(2) covers regulations to ensure that the States comply with the 
provisions of the Commercial Motor Vehicle Safety Act of 1986, by: (2) 
Having the appropriate laws, regulations, programs, policies, 
procedures and information systems concerning the qualification and 
licensing of persons who apply for a commercial driver's license, and 
persons who are issued a commercial driver's license. The requirements 
in this proposed rule are covered by these CEs and the proposed action 
does not have any effect on the quality of the environment. The CE 
determination is available for inspection or copying in the Federal 
eRulemaking Portal: https://www.regulations.gov.

[[Page 26901]]

    FMCSA also analyzed this proposed rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this proposed rule in accordance with the E.O., and 
has determined that no environmental justice issue is associated with 
this proposed rule, nor is there any collective environmental impact 
that would result from its promulgation.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III, 
parts 383 and 384 to read as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

0
1. The authority citation for part 383 is revised to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502; 
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; 
sec. 1012(b) of Pub. L. 107-56; 115 Stat. 272, 297, sec. 4140 of 
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 
126 Stat. 405, 830; secs. 5401 and 7208 of Pub. L. 114-94, 129 Stat. 
1312, 1546, 1593; and 49 CFR 1.87.

0
2. Amend Sec.  383.23 by revising paragraph (a)(1) to read as follows:


Sec.  383.23   Commercial driver's license.

    (a) General rule.
    (1) No person shall operate a commercial motor vehicle unless such 
person has taken and passed knowledge and driving tests for a CLP or 
CDL that meet the Federal standards contained in subparts F, G, and H 
of this part for the commercial motor vehicle that person operates or 
expects to operate.
* * * * *
0
3. Amend Sec.  383.77 by revising paragraph (a)(1) to read as follows:


Sec.  383.77   Substitute for driving skills tests for drivers with 
military CMV experience.

* * * * *
    (a) * * *
    (1) Has not simultaneously held more than one civilian license (in 
addition to a military license);
* * * * *
0
4. Amend Sec.  383.79 by revising the section heading and paragraph (b) 
and adding paragraphs (c) through (e) to read as follows:


Sec.  383.79   Skills testing of out-of-state students; knowledge test 
waivers for certain military personnel.

* * * * *
    (b) Knowledge test waivers for certain current or former military 
service members applying for a CLP or CDL-- (1) In general.--For 
certain current or former military service members, as defined in Sec.  
383.5, who meet the conditions and limitations set forth in paragraph 
(b)(2) of this section, a State may waive the requirement in Sec.  
383.23(a)(1) that a CDL applicant must pass a knowledge test for a CLP 
or CDL, including waiver of the knowledge required by Sec.  383.111.
    (2) Conditions and limitations.--A current or former military 
service member applying for waiver of the knowledge test described in 
paragraph (b)(1) of this section must certify and provide evidence 
that, during the 1-year period immediately prior to the application, 
he/she:
    (i) Is or was regularly employed in a military position requiring 
operation of a CMV;
    (ii) Is operating a vehicle representative of the CMV the driver 
applicant expects to operate upon separation from the military, or 
operated such a vehicle immediately preceding separation from the 
military;
    (iii) Has not simultaneously held more than one civilian license 
(in addition to a military license);
    (iv) Has not had any license suspended, revoked, or cancelled;
    (v) Has not had any convictions for any type of motor vehicle for 
the disqualifying offenses contained in Sec.  383.51(b);
    (vi) Has not had more than one conviction for any type of motor 
vehicle for serious traffic violations contained in Sec.  383.51(c); 
and
    (vii) Has not had any conviction for a violation of military, State 
or local law relating to motor vehicle traffic control (other than a 
parking violation) arising in connection with any traffic accident, and 
has no record of an accident in which he/she was at fault.
    (c) Role of State of duty station.--A State where active duty 
military service members are stationed, but not domiciled, may, upon 
prior agreement with the State of domicile:
    (1) Accept an application for a CLP or CDL, including an 
application for waiver of the knowledge test prescribed in paragraph 
(b)(1)) of this section, from such a military service member who
    (i) Is regularly employed or was regularly employed within the last 
year in a military position requiring operation of a CMV;
    (ii) Has a valid driver's license from his or her State of 
domicile;
    (iii) Has a valid active duty military identification card; and
    (iv) Has a current copy of either the service member's military 
leave and earnings statement, or his or her orders.
    (2) Either
    (i) Administer the knowledge and skills tests to the military 
service member, as appropriate, in accordance with subparts F, G and H 
of this part, if the State of domicile requires those tests; or
    (ii) Waive the knowledge and skills tests in accordance with Sec.  
383.77 and this section, if the State of domicile has exercised the 
option to waive those tests; and
    (3) Destroy the military service member's driver's license on 
behalf of the State of domicile, unless the latter requires the 
driver's license to be surrendered to its own driver licensing agency.
    (d) Requirement for electronic transmission.--The State of duty 
station must transmit to the State of domicile by a direct, secure, and 
efficient electronic system the completed application, any supporting 
documents, and--if the State of domicile has not exercised its waiver 
option--the results of any knowledge and skills administered.
    (e) Role of State of domicile.--Upon completion of the applicant's 
application pursuant to Sec.  383.71 and any testing administered by 
the State of duty station pursuant to Sec. Sec.  383.71 and 383.73, the 
State of domicile of the military service member applying for a CLP or 
CDL may
    (1) Accept the completed application, any supporting documents, and 
the results of the knowledge and skills tests administered by the State 
of duty station (unless waived at the discretion of the State of 
domicile); and
    (2) Issue the applicant a CLP or CDL.

[[Page 26902]]

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
5. The authority citation for part 384 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub. 
L. 112-141, 126 Stat. 405, 830; sec. 5401 and 5524 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1560; and 49 CFR 1.87.

0
6. Add paragraph (l) to Sec.  384.301 to read as follows:


Sec.  384.301   Substantial compliance general requirements.

* * * * *
    (l) A State must come into substantial compliance with the 
requirements of subpart B of this part and part 383 of this chapter in 
effect as of [EFFECTIVE DATE OF FINAL RULE] as soon as practicable, 
but, unless otherwise specifically provided in this part, not later 
than [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].

    Issued under authority delegated in 49 CFR 1.87 on: June 6, 
2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-12079 Filed 6-9-17; 8:45 am]
 BILLING CODE 4910-EX-P