Commercial Driver's License: Ohio Department of Public Safety; Application for Exemption, 60873-60874 [2020-21325]

Download as PDF Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices Mr. Passegger holds a valid German commercial license. As explained by Daimler in its exemption request, the requirements for that license ensure that, when operating under the exemption, he would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation. Daimler requests that the exemption cover the maximum allowable duration of five years. IV. Method To Ensure an Equivalent or Greater Level of Safety FMCSA has previously determined that the process for obtaining a German commercial license is comparable to, or as effective as, the requirements of part 383, and adequately assesses the driver’s ability to operate CMVs in the U.S. Since 2015, FMCSA has granted Daimler drivers similar exemptions: March 27, 2015 (80 FR 16511); October 5, 2015 (80 FR 60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR 79410); July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496); August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR 45742). V. Public Comments On September 24, 2019, FMCSA published notice of this application and requested public comments (84 FR 50096); no comments were submitted. VI. FMCSA Decision Based upon the merits of this application, including Mr. Passegger’s extensive driving experience and safety record, 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 § 381.305(a). VII. Terms and Conditions for the Exemption FMCSA grants Daimler and Thomas Passegger an exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. Passegger to drive CMVs in this country without a State-issued CDL, subject to the following terms and conditions: (1) The driver and carrier must comply with all other applicable provisions of the FMCSRs (49 CFR parts 350–399); (2) The driver must be in possession of the exemption document and a valid German commercial license; (3) The driver must be employed by and operate the CMV within the scope of his duties for Daimler; (4) At all times while operating a CMV under this exemption, the driver VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 must be accompanied by a holder of a U.S. CDL who is familiar with the routes traveled; (5) Daimler must notify FMCSA in writing within 5 business days of any accident, as defined in 49 CFR 390.5, involving this driver; and (6) Daimler must notify FMCSA in writing within 5 business days if this driver is convicted of a disqualifying offense under § 383.51 or § 391.15 of the FMCSRs. In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will be valid for 5 years unless revoked earlier by the FMCSA. The exemption will be revoked if: (1) Mr. Passegger fails to comply with the terms and conditions of the exemption; (2) The exemption results in a lower level of safety than was maintained before it was granted; or (3) Continuation of the exemption would be inconsistent with the goals and objectives of 49 U.S.C. 31315 and 31136. VIII. Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate or intrastate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. James W. Deck, Deputy Administrator. [FR Doc. 2020–21320 Filed 9–25–20; 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 final disposition. AGENCY: FMCSA announces its decision to deny the Ohio Department of Public Safety’s (DPS) request for an exemption to modify the mandatory skills test requirements for qualified military veterans. FMCSA has determined that the applicant did not provide an alternative to ensure that an equivalent level of safety would be achieved under the exemption. SUMMARY: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 60873 Furthermore, although a majority of the docket comments favored the exemption, none provided supporting data. DATES: This decision is effective September 28, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; 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 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–2019–0044 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 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 provide an opportunity for public comment on the request. The Agency reviews the 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 Agency’s decision 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 specify the effective period (up to 5 years) and explain its terms and conditions. The E:\FR\FM\28SEN1.SGM 28SEN1 60874 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices exemption may be renewed (49 CFR 381.300(b)). form, currently found on FMCSA’s website. III. Request for Exemption V. Public Comments On April 18, 2019, FMCSA published notice of the application and requested public comment (84 FR 16330). The Agency received 37 comments, 35 of which favored both the exemption and its extension to all SDLAs. Among the advocates for the exemption were the Pennsylvania Department of Transportation (PennDOT); the American Beverage Association; the Ohio Trucking Association; the Ohio Propane Gas Association; and the National Propane Gas Association (NPGA); and two individual commenters. Additionally, 27 Members of Congress jointly expressed support for the application. A primary reason cited for the exemption was the trucking industry’s serious need for qualified, skilled drivers. Commenters believed that the exemption would be a positive step toward addressing that need and would simultaneously credit the relevant skills and experience gained through military service toward obtaining a CDL. NPGA stated, ‘‘. . . It is clear that the depth and breadth of military vehicle training is beyond the civilian skills assessment for a CDL. Similarly, it is evident that military supervisors possess considerable expertise to assess the adequacy of an individual’s skills during military service. Thus, the training, assessment, and supervision that a veteran received during military service presents at least the same level of safety, if not greater, as the level of safety achieved by administering the skills assessment of the CDL exam to military veterans.’’ Two individuals opposed the Ohio DPS request. One commenter noted that ‘‘No length of time is stipulated, hence a driver who drove a military vehicle 10 years ago would qualify even though he has no recent experience. Vehicles change frequently with upgrades to safety and technology.’’ The Ohio DPS requested an exemption from the requirement in 49 CFR 383.77(b)(2)(i)(A) and (C) that an applicant for a 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 the driver operates or expects to operate for at least 2 years immediately preceding discharge from the military. In lieu of those requirements, Ohio DPS proposed that the applicant be required to have held a military position that required operation of a CMV for at least 2 years sometime during his/her military career, thus eliminating the current 1-year window to apply for a skills test waiver. According to Ohio DPS, its goal 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, Ohio DPS hopes that an increase in the population of CDL holders will benefit the Ohio transportation industry, and create better civilian employment opportunities for Ohio veterans and service members. In addition, as this issue could be applicable in each of the States, FMCSA requested public comment on whether the exemption, if granted, should cover all State Driver’s Licensing Agencies (SDLAs). A copy of the Ohio DPS’s application for exemption is available for review in the docket for this notice. IV. Method To Ensure an Equivalent or Greater Level of Safety To ensure an equivalent or greater level of safety, Ohio DPS proposed a skills test waiver process in which the applicant would submit the following documentation to the Bureau of Motor Vehicles: (1) A violation-free driving record for the last 2 years; (2) proof of being regularly employed in a military position requiring operation of a CMV; and (3) proof of experience operating a representative vehicle which was exempt from the requirements of 49 CFR 383.113(c) for at least 2 years. In addition, applicants would be required to submit an Ohio waiver form similar to FMCSA’s Military Skills Test Waiver VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 VI. FMCSA Response and Decision FMCSA has evaluated the Ohio DPS’ application and the public comments and has concluded that the applicant did not provide an alternative that would ensure an equivalent level of safety under the exemption. Although a majority of the docket commenters favored the exemption, none provided PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 supporting data. The Agency does not have data to determine whether the skills required to operate a CMV decline over time when not used regularly, which the exemtion application would allow. For these reasons the Agency has decided to deny the exemption request. James W. Deck, Deputy Administrator. [FR Doc. 2020–21325 Filed 9–25–20; 8:45 am] BILLING CODE P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for effective date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; Assistant Director for Licensing, tel.: 202–622–2480. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://www.treasury.gov/ofac). Notice of OFAC Actions On September 23, 2020, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authorities listed below. BILLING CODE 4810–AL–P E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60873-60874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21325]


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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 final disposition.

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SUMMARY: FMCSA announces its decision to deny the Ohio Department of 
Public Safety's (DPS) request for an exemption to modify the mandatory 
skills test requirements for qualified military veterans. FMCSA has 
determined that the applicant did not provide an alternative to ensure 
that an equivalent level of safety would be achieved under the 
exemption. Furthermore, although a majority of the docket comments 
favored the exemption, none provided supporting data.

DATES: This decision is effective September 28, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; 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

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-2019-0044 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 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 provide an opportunity for public comment on the 
request.
    The Agency reviews the 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 
Agency's decision 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 specify the effective period (up to 5 years) 
and explain its terms and conditions. The

[[Page 60874]]

exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    The Ohio DPS requested an exemption from the requirement in 49 CFR 
383.77(b)(2)(i)(A) and (C) that an applicant for a 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 the driver 
operates or expects to operate for at least 2 years immediately 
preceding discharge from the military. In lieu of those requirements, 
Ohio DPS proposed that the applicant be required to have held a 
military position that required operation of a CMV for at least 2 years 
sometime during his/her military career, thus eliminating the current 
1-year window to apply for a skills test waiver.
    According to Ohio DPS, its goal 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, Ohio DPS hopes 
that an increase in the population of CDL holders will benefit the Ohio 
transportation industry, and create better civilian employment 
opportunities for Ohio veterans and service members.
    In addition, as this issue could be applicable in each of the 
States, FMCSA requested public comment on whether the exemption, if 
granted, should cover all State Driver's Licensing Agencies (SDLAs).
    A copy of the Ohio DPS's application for exemption is available for 
review in the docket for this notice.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent or greater level of safety, Ohio DPS 
proposed a skills test waiver process in which the applicant would 
submit the following documentation to the Bureau of Motor Vehicles: (1) 
A violation-free driving record for the last 2 years; (2) proof of 
being regularly employed in a military position requiring operation of 
a CMV; and (3) proof of experience operating a representative vehicle 
which was exempt from the requirements of 49 CFR 383.113(c) for at 
least 2 years. In addition, applicants would be required to submit an 
Ohio waiver form similar to FMCSA's Military Skills Test Waiver form, 
currently found on FMCSA's website.

V. Public Comments

    On April 18, 2019, FMCSA published notice of the application and 
requested public comment (84 FR 16330). The Agency received 37 
comments, 35 of which favored both the exemption and its extension to 
all SDLAs. Among the advocates for the exemption were the Pennsylvania 
Department of Transportation (PennDOT); the American Beverage 
Association; the Ohio Trucking Association; the Ohio Propane Gas 
Association; and the National Propane Gas Association (NPGA); and two 
individual commenters. Additionally, 27 Members of Congress jointly 
expressed support for the application. A primary reason cited for the 
exemption was the trucking industry's serious need for qualified, 
skilled drivers. Commenters believed that the exemption would be a 
positive step toward addressing that need and would simultaneously 
credit the relevant skills and experience gained through military 
service toward obtaining a CDL.
    NPGA stated, ``. . . It is clear that the depth and breadth of 
military vehicle training is beyond the civilian skills assessment for 
a CDL. Similarly, it is evident that military supervisors possess 
considerable expertise to assess the adequacy of an individual's skills 
during military service. Thus, the training, assessment, and 
supervision that a veteran received during military service presents at 
least the same level of safety, if not greater, as the level of safety 
achieved by administering the skills assessment of the CDL exam to 
military veterans.''
    Two individuals opposed the Ohio DPS request. One commenter noted 
that ``No length of time is stipulated, hence a driver who drove a 
military vehicle 10 years ago would qualify even though he has no 
recent experience. Vehicles change frequently with upgrades to safety 
and technology.''

VI. FMCSA Response and Decision

    FMCSA has evaluated the Ohio DPS' application and the public 
comments and has concluded that the applicant did not provide an 
alternative that would ensure an equivalent level of safety under the 
exemption. Although a majority of the docket commenters favored the 
exemption, none provided supporting data. The Agency does not have data 
to determine whether the skills required to operate a CMV decline over 
time when not used regularly, which the exemtion application would 
allow. For these reasons the Agency has decided to deny the exemption 
request.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21325 Filed 9-25-20; 8:45 am]
BILLING CODE P