Commercial Driver's License: Ohio Department of Public Safety; Application for Exemption, 16330-16331 [2019-07781]

Download as PDF 16330 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: April 11, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–07782 Filed 4–17–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0044] Commercial Driver’s License: Ohio Department of Public Safety; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from the Ohio Department of Public Safety (DPS) for a limited exemption from the Agency’s commercial driver’s license (CDL) regulations. The Ohio DPS requests an exemption to modify the mandatory skills test requirements for qualified veterans who served in the military. The Ohio DPS states that its goal is to promote the opportunities for experienced commercial motor vehicle (CMV) operators who have served in the military by reducing the regulatory burden for obtaining a CDL. FMCSA requests public comment on the Ohio DPS’s application for exemption. In addition, because the issue concerning the Ohio DPS request could be applicable in each of the States, FMCSA requests public comment on whether the exemption should cover all State driver licensing agencies (SDLAs), if granted. jbell on DSK30RV082PROD with NOTICES SUMMARY: Comments must be received on or before May 20, 2019. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– DATES: VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 2019–0044 by any of the following methods: • Federal Rulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366–2722. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2019–0044), indicate the specific section of this document to which the comment applies, and PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2019–0044’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). E:\FR\FM\18APN1.SGM 18APN1 jbell on DSK30RV082PROD with NOTICES Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices III. Request for Exemption The Ohio Department of Public Safety (DPS) requests an exemption from the requirement that an applicant in the skills test waiver certify that he/she (1) is regularly employed or was so employed within the last year in a military position requiring operation of a CMV, and (2) operated a vehicle representative of the CMV that operates or expects to operate for at least 2-years immediately preceding discharge from the military 49 CFR 383.77(b)(1) and (3). In lieu of 49 CFR 383.77(b)(1) and (3), DPS is proposing that the applicant be required to have held a military position that required operation of a CMV for at least 2 years during the applicant’s military career. Eliminating the requirement of holding said position within a year from being discharged and the requirement of operating a vehicle representative of the CMV operating or expecting to operate at least the 2-years immediately preceding discharge from military. The State of Ohio currently grants a CDL applicant a waiver of the skills test otherwise required by 49 CFR 383.113. The State of Ohio skills test waiver process consists of a qualifying applicant submitting the following documentation to the Bureau of Motor Vehicles: (1) A violation-free driving record for the last two years; (2) proof of military service within the last year in a position requiring CMV operation; and (3) proof of experience operating a representative vehicle which was exempt from the 49 CFR 383.3(c) requirements for at least two years immediately preceding the application date or at least two years preceding the discharge date if separated from the military within the last year. In addition to the above listed documentation, applicants must submit the applicable State waiver form. According to the Ohio DPS, the State’s skills test waiver form is similar to FMCSA’s Application for Military Skills Test Waiver form, currently found on FMCSA’s website. The Ohio DPS contends that the goal of its request is to promote the opportunities for experienced CMV operators who have served in the military by reducing the regulatory burden of obtaining a CDL. By doing so, it is the hope that an increase in the population of available CDL holders will benefit the Ohio transportation industry, and create better civilian employment opportunities for Ohio veterans and service members. In addition, because the issue concerning the Ohio DPS request could be applicable in each of the States, FMCSA requests public comment on VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 whether the exemption should cover all SDLAs, if granted. A copy of the Ohio DPS’s application for exemption is available for review in the docket for this notice. 16331 Issued on: April 11, 2019. Larry W. Minor, Associate Administrator for Policy. Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. [FR Doc. 2019–07781 Filed 4–17–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0203; FMCSA– 2014–0381] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for two individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: The exemptions were applicable on March 10, 2019. The exemptions expire on March 10, 2021. Comments must be received on or before May 20, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2010–0203; FMCSA–2014– 0381 using any of the following methods: • Federal eRulemaking Portal: Go to http://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: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, SUMMARY: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Ms. Christine A. Hydock, Chief, 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., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2010–0203; FMCSA–2014–0381), indicate the specific section of this document to which each comment 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 http://www.regulations.gov, put the docket number, FMCSA–2010–0203; FMCSA–2014–0381, 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 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16330-16331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07781]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0044]


Commercial Driver's License: Ohio Department of Public Safety; 
Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application from the 
Ohio Department of Public Safety (DPS) for a limited exemption from the 
Agency's commercial driver's license (CDL) regulations. The Ohio DPS 
requests an exemption to modify the mandatory skills test requirements 
for qualified veterans who served in the military. The Ohio DPS states 
that its goal is to promote the opportunities for experienced 
commercial motor vehicle (CMV) operators who have served in the 
military by reducing the regulatory burden for obtaining a CDL. FMCSA 
requests public comment on the Ohio DPS's application for exemption. In 
addition, because the issue concerning the Ohio DPS request could be 
applicable in each of the States, FMCSA requests public comment on 
whether the exemption should cover all State driver licensing agencies 
(SDLAs), if granted.

DATES: Comments must be received on or before May 20, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2019-0044 by any of the following 
methods:
     Federal Rulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-2722. Email: [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2019-0044), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2019-0044'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

[[Page 16331]]

III. Request for Exemption

    The Ohio Department of Public Safety (DPS) requests an exemption 
from the requirement that an applicant in the skills test waiver 
certify that he/she (1) is regularly employed or was so employed within 
the last year in a military position requiring operation of a CMV, and 
(2) operated a vehicle representative of the CMV that operates or 
expects to operate for at least 2-years immediately preceding discharge 
from the military 49 CFR 383.77(b)(1) and (3). In lieu of 49 CFR 
383.77(b)(1) and (3), DPS is proposing that the applicant be required 
to have held a military position that required operation of a CMV for 
at least 2 years during the applicant's military career. Eliminating 
the requirement of holding said position within a year from being 
discharged and the requirement of operating a vehicle representative of 
the CMV operating or expecting to operate at least the 2-years 
immediately preceding discharge from military.
    The State of Ohio currently grants a CDL applicant a waiver of the 
skills test otherwise required by 49 CFR 383.113. The State of Ohio 
skills test waiver process consists of a qualifying applicant 
submitting the following documentation to the Bureau of Motor Vehicles: 
(1) A violation-free driving record for the last two years; (2) proof 
of military service within the last year in a position requiring CMV 
operation; and (3) proof of experience operating a representative 
vehicle which was exempt from the 49 CFR 383.3(c) requirements for at 
least two years immediately preceding the application date or at least 
two years preceding the discharge date if separated from the military 
within the last year. In addition to the above listed documentation, 
applicants must submit the applicable State waiver form. According to 
the Ohio DPS, the State's skills test waiver form is similar to FMCSA's 
Application for Military Skills Test Waiver form, currently found on 
FMCSA's website.
    The Ohio DPS contends that the goal of its request is to promote 
the opportunities for experienced CMV operators who have served in the 
military by reducing the regulatory burden of obtaining a CDL. By doing 
so, it is the hope that an increase in the population of available CDL 
holders will benefit the Ohio transportation industry, and create 
better civilian employment opportunities for Ohio veterans and service 
members.
    In addition, because the issue concerning the Ohio DPS request 
could be applicable in each of the States, FMCSA requests public 
comment on whether the exemption should cover all SDLAs, if granted.
    A copy of the Ohio DPS's application for exemption is available for 
review in the docket for this notice.

    Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07781 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P