Commercial Driver's License Standards: Regulatory Guidance Concerning the Issuance of Commercial Learner's Permits, 36101 [2017-16338]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Rules and Regulations]
[Page 36101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16338]



[[Page 36101]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383


Commercial Driver's License Standards: Regulatory Guidance 
Concerning the Issuance of Commercial Learner's Permits

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

ACTION: Regulatory guidance.

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SUMMARY: FMCSA announces regulatory guidance clarifying that State 
Driver Licensing Agencies (SDLAs) may agree to facilitate the 
commercial learner's permit (CLP) application process and to administer 
the commercial driver's license (CDL) general knowledge test to 
individuals who are not domiciled in the State. Today's guidance makes 
clear that SDLAs may accept applications for CLPs and administer the 
general knowledge test to individuals taking commercial motor vehicle 
driver training in that State, but who are not domiciled there, 
provided that: The SDLA administering the general knowledge test 
transmits the test results directly, securely, and electronically to 
the applicant's State of domicile; and the State of domicile agrees to 
accept the test results and issue the CLP. While today's guidance is in 
answer to general knowledge testing as addressed in FMCSA regulations, 
we note that this regulatory guidance is consistent with the Agency's 
October 13, 2016, final rule which amended the CDL regulations to ease 
the transition of military personnel into civilian careers driving 
commercial motor vehicles (CMVs).

DATES: Regulatory Guidance: The regulatory guidance is applicable 
August 3, 2017. The guidance expires August 3, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the 
Commercial Driver's License Division, Office of Safety Programs, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001. Phone: 202-366-0831; email: 
nikki.mcdavid@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 13, 2016, FMCSA published ``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'' 
(2016 Final Rule) (81 FR 70634). This rule allows a State to accept 
applications from active duty military personnel who are stationed in 
that State as well as administer the written and skills test for a CLP 
or CDL. States that choose to accept such applications are required to 
transmit the test results electronically to the State of domicile of 
the military personnel. The State of domicile may then issue the CLP or 
CDL on the basis of those test results. During the rulemaking 
proceeding, the American Trucking Associations (ATA) expressed an 
interest in allowing all drivers to take both the written and skills 
tests outside their State of domicile and requested that FMCSA issue a 
Supplemental Notice of Proposed Rulemaking on that subject. The FMCSA 
declined to address the issue at that time. It should be noted, 
however, that States of domicile are already required by 49 CFR 383.79 
to accept skills tests administered by another state. Subsequently, in 
January 2017, the ATA requested regulatory guidance clarifying that 
SDLAs may accept the results of knowledge tests taken in another State 
to ease the travel burden on civilian CLP applicants attending a truck 
driver training school outside of their State of domicile. Based upon a 
review of the CDL statutes and the 2016 Final Rule, FMCSA has 
determined that regulatory guidance would clarify the flexibility 
allowed under the existing statutes and regulations.
    Specifically, section 383.73(a)(2)(i) mandates that a State 
``require the applicant to make the certifications, pass the tests, and 
provide the information as described in Sec.  383.71(a)(2).'' Neither 
Sec.  383.71 nor Sec.  383.73 requires that these actions take place in 
the State of domicile. However, the State of domicile must continue to 
comply with Sec.  383.73(h) by creating the Commercial Driver Licensing 
Information System (CDLIS) record and issuing the physical CLP or CDL.

II. Regulatory Guidance

    Based on the forgoing, FMCSA issues the following guidance.

Regulatory Guidance to 49 CFR Part 383--Commercial Driver's License 
Standards Section 383.73 State Procedures

    Question: May States accept applications for a CLP from individuals 
who are not domiciled in the State but who receive CDL training within 
the State, and administer the knowledge test to these individuals?
    Guidance: Yes. Section 383.73 does not prohibit States from 
accepting and processing CLP applications from out-of-State applicants 
(e.g., individuals who are not domiciled in the State but who receive 
training there) and administering the knowledge test to such 
applicants, provided there is agreement between the testing State and 
the applicant's State of domicile. In particular: (1) The testing State 
must administer the general knowledge test in accordance with 49 CFR 
part 383, subparts F, G, and H; (2) transmission of general knowledge 
test results and any other supporting documentation shall occur by a 
direct, secure, electronic means to the State of domicile; and (3) in 
accordance with Sec.  383.73(h), only the State of domicile may create 
the CDLIS record and issue the physical CLP. Ultimately, the 
responsibility for compliance with all requirements of Sec.  383.71 and 
Sec.  383.73 remains with the State of domicile. Under 49 CFR 383.79, 
States of domicile are already required to accept skills test results 
from other States; this guidance clarifies that States of domicile may 
(but are not required to) accept knowledge test results from other 
States in the same manner. This guidance shall not be construed to 
allow a State to issue a CLP or CDL to an individual who is not 
domiciled in that State. Both the CLP and the CDL must be issued by the 
State of domicile, as required by 49 U.S.C. 31311(a)(12)(A).
Expiration Date for the Regulatory Guidance
    In accordance with the requirement in Section 5203(a)(2)(A) of the 
Fixing America's Surface Transportation (FAST) Act, Public Law 114-94, 
129 Stat. 1312, 1535, Dec. 4, 2015, the guidance above will be posted 
on FMCSA's Web site, https://www.fmcsa.dot.gov and expires no later than 
August 3, 2022. The Agency will then consider whether the guidance 
should be withdrawn, reissued for another period of up to five years, 
or incorporated into the safety regulations at that time.

    Issued on: July 26, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-16338 Filed 8-2-17; 8:45 am]
 BILLING CODE 4910-EX-P