Commercial Driver's License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test, 6045-6046 [2022-02165]

Download as PDF Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been reviewed and determined by OMB not to be a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a ‘‘major rule’’ may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule has been reviewed and determined by OMB not to be a ‘‘major rule’’ under 5 U.S.C. 804(2). khammond on DSKJM1Z7X2PROD with RULES VI. Notice for Public Comment The statute that applies to the publication of the GSAR is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This rule is not required to be published for public comment, because GSA is not issuing a new regulation. This rule does not add any new solicitation provisions or contract clauses. It does not add any new burdens because the case does not add or change any requirements with which vendors must comply. Rather, this rule is merely an editorial change and will provide consistent language to statute. VII. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this rule, because an opportunity for public comment is not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see Section VI of this preamble). Accordingly, no regulatory flexibility VerDate Sep<11>2014 16:34 Feb 02, 2022 Jkt 256001 analysis is required, and none has been prepared. VIII. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 538 and 552 Government procurement. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy, General Services Administration. Therefore, GSA amends 48 CFR parts 538 and 552 as set forth below: ■ 1. The authority citation for 48 CFR parts 538 and 552 continues to read as follows: Authority: 40 U.S.C. 121(c). PART 538—FEDERAL SUPPLY SCHEDULE CONTRACTING 538.273 [Amended] 2. Amend section 538.273 by removing from paragraph (b)(1) the phrase ‘‘the Handicapped’’ and adding ‘‘Individuals with Disabilities’’ in its place. ■ PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Revise section 552.238–73 to read as follows: ■ 552.238–73 Identification of Electronic Office Equipment Providing Accessibility for Individuals with Disabilities. As prescribed in 538.273(b)(1), insert the following clause: Identification of Electronic Office Equipment Providing Accessibility for Individuals With Disabilities (Mar 2022) (a) Definitions. Electronic office equipment accessibility means the application/configuration of electronic office equipment (includes hardware, software and firmware) in a manner that accommodates the functional limitations of individuals with disabilities (as defined below) so as to promote productivity and provide access to work related and/or public information resources. Individuals with disabilities means qualified individuals with impairments as defined in 29 U.S.C. 705(20) who can benefit from electronic office equipment accessibility. Special peripheral means a special needs aid that provides access to electronic equipment that is otherwise inaccessible to individuals with disabilities. (b) The offeror is encouraged to identify in its offer and include in any commercial PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 6045 catalogs and pricelists accepted by the Contracting Officer, office equipment, including any special peripheral, that will facilitate electronic office equipment accessibility for individuals with disabilities. Identification should include the type of disability accommodated and how the users with that disability would be helped. (End of clause) [FR Doc. 2022–02194 Filed 2–2–22; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 383 [Docket No. FMCSA–2020–0197] Commercial Driver’s License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Regulatory guidance. AGENCY: FMCSA amends its regulatory guidance to explain that FMCSA’s current statutory authorities and regulations do not prohibit third party testers from administering the commercial driver’s license knowledge tests for all classes and endorsements. SDLAs may accept the results of knowledge tests administered by third party testers in accordance with existing knowledge test standards and requirements set forth in 49 CFR part 383, subparts G and H. DATES: This guidance is effective February 3, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the CDL Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, nikki.mcdavid@dot.gov, 202–366– 0831. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On May 9, 2011, FMCSA published the 49 CFR parts 383, 384 and 385, Commercial Driver’s License Testing and Commercial Learner’s Permit Standards final rule (76 FR 26854) that amended the commercial driver’s license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner’s permit. The final rule also set forth the Federal standards for States to allow E:\FR\FM\03FER1.SGM 03FER1 6046 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations third party testers to administer the CDL skills test. On April 3, 2020, the Virginia Department of Motor Vehicles (VA DMV) requested an exemption from 49 CFR 383.75 to allow non-government third party testers to administer knowledge tests for CDL and CLP applicants without a State examiner being present. The VA DMV’s request was prompted by the closure of VA DMV service centers resulting from the COVID–19 public health emergency. In response to the VA DMV’s request, FMCSA indicated that applicable statutes and regulations do not currently prohibit States from allowing a third party to administer CDL and CLP knowledge tests. The Agency also noted its intention to revise the existing guidance, set forth below, to clarify this point. Regulatory guidance question 1 for 49 CFR 383.75, ‘‘Third Party Testing,’’ first issued in 1993 (58 FR 60734, 60739 (Nov. 17, 1993)) and most recently reissued in 2019, states: all classes and endorsements, without any State examiner being present? Guidance: Yes. FMCSA’s current statutory authorities and regulations do not prohibit States from permitting third party testers to administer CDL knowledge tests. While FMCSA encourages States relying on third party knowledge testers to follow the training and record check standards currently applicable to State CDL knowledge examiners, as set forth in 49 CFR 384.228, this is not a regulatory requirement. If an employee of the State who is authorized to supervise knowledge testing is present during the testing, then FMCSA regards it as being administered by the State and not by a third party. Question 1: May the CDL knowledge test be administered by a third party? Guidance: No. The third party testing provision found in § 383.75 applies only to the skills portion of the testing procedure. However, if an employee of the State who is authorized to supervise knowledge testing is present during the testing, then FMCSA regards it as being administered by the State and not by a third party. (84 FR 8464, 8472 (Mar. 8, 2019); 62 FR 16370, 16399 (Apr. 4, 1997)). BILLING CODE 4910–EX–P khammond on DSKJM1Z7X2PROD with RULES FMCSA has reconsidered this guidance and concludes that nothing in the Agency’s current authorities in 49 U.S.C. chapters 311 or 313, or in 49 CFR parts 383 and 384, prohibits States from permitting third party testers to administer CDL knowledge tests. Accordingly, the Agency amends regulatory guidance question 1 for 49 CFR 383.75 to explain that a State may permit third parties to administer CDL knowledge tests. Pursuant to 49 CFR 384.202, States opting to permit this practice must adhere to current CDL knowledge test standards and requirements set forth in 49 CFR part 383, subparts G and H. FMCSA is currently working on a Notice of Proposed Rulemaking to more fully address the States’ use of third party knowledge testers. II. Regulatory Guidance FMCSA issues the following guidance: Regulatory Guidance to 49 CFR part 383— Commercial Driver’s License Standards Section 383.75 Third Party Testing, Guidance ID No. FMCSA–CDL–383.75–Q1–M Question 1: May States allow third party testers to administer CDL knowledge tests for VerDate Sep<11>2014 16:34 Feb 02, 2022 Jkt 256001 FMCSA notes that this guidance is intended only to provide clarity to the public regarding existing requirements under the law. The guidance does not have the force and effect of law and is not meant to bind the public in any way. Robin Hutcheson, Acting Administrator. [FR Doc. 2022–02165 Filed 2–2–22; 8:45 am] DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2019–0065; FF09E22000 FXES1113090FEDR 223] RIN 1018–BE11 Endangered and Threatened Wildlife and Plants; Removing San Benito Evening-Primrose (Camissonia benitensis) From the Federal List of Endangered and Threatened Plants Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service or USFWS), are removing San Benito eveningprimrose (Camissonia benitensis), a plant native to California, from the Federal List of Endangered and Threatened Plants on the basis of recovery. This final rule is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to the species have been reduced or eliminated to the point that it has recovered and is no longer in danger of extinction or likely to become in danger of extinction in the foreseeable future. Therefore, the plant no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 DATES: This rule is effective March 7, 2022. This final rule, the postdelisting monitoring plan, and supporting documents are available on the internet at https:// www.regulations.gov or at https:// ecos.fws.gov. In the Search box, enter FWS–R8–ES– 2019–0065, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, click on the Final Rule box to locate this document. Document availability: The recovery plan, 5-year review summary, and postdelisting monitoring plan referenced in this document are available at https:// www.regulations.gov under Docket No. FWS–R8–ES–2019–0065. FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003; by telephone 805–644–1766. Direct all questions or requests for additional information to: SAN BENITO EVENING PRIMROSE QUESTIONS, to the address above (See ADDRESSES). Individuals who are hearing-impaired or speechimpaired my call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: ADDRESSES: Executive Summary Why we need to publish a rule. Under the Act, a species may warrant removal (i.e., ‘‘delisting’’) from the Federal List of Endangered and Threatened Plants if it no longer meets the definition of an endangered species or a threatened species. Delisting a species can only be completed by issuing a rule. What this document does. We are removing San Benito evening-primrose (Camissonia benitensis) from the Federal List of Endangered and Threatened Plants based on its recovery. The prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to the San Benito evening-primrose. The basis for our action. Under the Act, we may determine that a species is an endangered species or a threatened species because of any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or E:\FR\FM\03FER1.SGM 03FER1

Agencies

[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6045-6046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02165]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383

[Docket No. FMCSA-2020-0197]


Commercial Driver's License Standards: Regulatory Guidance 
Concerning Third Party Testers Conducting the Knowledge Test

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

ACTION: Regulatory guidance.

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

SUMMARY: FMCSA amends its regulatory guidance to explain that FMCSA's 
current statutory authorities and regulations do not prohibit third 
party testers from administering the commercial driver's license 
knowledge tests for all classes and endorsements. SDLAs may accept the 
results of knowledge tests administered by third party testers in 
accordance with existing knowledge test standards and requirements set 
forth in 49 CFR part 383, subparts G and H.

DATES: This guidance is effective February 3, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the CDL 
Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 
[email protected], 202-366-0831.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 9, 2011, FMCSA published the 49 CFR parts 383, 384 and 385, 
Commercial Driver's License Testing and Commercial Learner's Permit 
Standards final rule (76 FR 26854) that amended the commercial driver's 
license (CDL) knowledge and skills testing standards and established 
new minimum Federal standards for States to issue the commercial 
learner's permit. The final rule also set forth the Federal standards 
for States to allow

[[Page 6046]]

third party testers to administer the CDL skills test.
    On April 3, 2020, the Virginia Department of Motor Vehicles (VA 
DMV) requested an exemption from 49 CFR 383.75 to allow non-government 
third party testers to administer knowledge tests for CDL and CLP 
applicants without a State examiner being present. The VA DMV's request 
was prompted by the closure of VA DMV service centers resulting from 
the COVID-19 public health emergency. In response to the VA DMV's 
request, FMCSA indicated that applicable statutes and regulations do 
not currently prohibit States from allowing a third party to administer 
CDL and CLP knowledge tests. The Agency also noted its intention to 
revise the existing guidance, set forth below, to clarify this point.
    Regulatory guidance question 1 for 49 CFR 383.75, ``Third Party 
Testing,'' first issued in 1993 (58 FR 60734, 60739 (Nov. 17, 1993)) 
and most recently reissued in 2019, states:

    Question 1: May the CDL knowledge test be administered by a 
third party?
    Guidance: No. The third party testing provision found in Sec.  
383.75 applies only to the skills portion of the testing procedure. 
However, if an employee of the State who is authorized to supervise 
knowledge testing is present during the testing, then FMCSA regards 
it as being administered by the State and not by a third party. (84 
FR 8464, 8472 (Mar. 8, 2019); 62 FR 16370, 16399 (Apr. 4, 1997)).

    FMCSA has reconsidered this guidance and concludes that nothing in 
the Agency's current authorities in 49 U.S.C. chapters 311 or 313, or 
in 49 CFR parts 383 and 384, prohibits States from permitting third 
party testers to administer CDL knowledge tests. Accordingly, the 
Agency amends regulatory guidance question 1 for 49 CFR 383.75 to 
explain that a State may permit third parties to administer CDL 
knowledge tests. Pursuant to 49 CFR 384.202, States opting to permit 
this practice must adhere to current CDL knowledge test standards and 
requirements set forth in 49 CFR part 383, subparts G and H. FMCSA is 
currently working on a Notice of Proposed Rulemaking to more fully 
address the States' use of third party knowledge testers.

II. Regulatory Guidance

    FMCSA issues the following guidance:

    Regulatory Guidance to 49 CFR part 383--Commercial Driver's 
License Standards Section 383.75 Third Party Testing, Guidance ID 
No. FMCSA-CDL-383.75-Q1-M
    Question 1: May States allow third party testers to administer 
CDL knowledge tests for all classes and endorsements, without any 
State examiner being present?
    Guidance: Yes. FMCSA's current statutory authorities and 
regulations do not prohibit States from permitting third party 
testers to administer CDL knowledge tests. While FMCSA encourages 
States relying on third party knowledge testers to follow the 
training and record check standards currently applicable to State 
CDL knowledge examiners, as set forth in 49 CFR 384.228, this is not 
a regulatory requirement. If an employee of the State who is 
authorized to supervise knowledge testing is present during the 
testing, then FMCSA regards it as being administered by the State 
and not by a third party.

    FMCSA notes that this guidance is intended only to provide clarity 
to the public regarding existing requirements under the law. The 
guidance does not have the force and effect of law and is not meant to 
bind the public in any way.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-02165 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-EX-P