Commercial Driver's License Skills Testing: Application for Exemption; American Association of Motor Vehicle Administrators (AAMVA), 11505-11507 [2022-04255]
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
I. Public Participation
[FR Doc. 2022–04285 Filed 2–28–22; 8:45 am]
Viewing Comments and Documents
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0172]
Commercial Driver’s License Skills
Testing: Application for Exemption;
American Association of Motor Vehicle
Administrators (AAMVA)
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the exemption request
of the American Association of Motor
Vehicle Administrators (AAMVA).
AAMVA requested a multi-year
exemption on behalf of the State Driver
Licensing Agencies (SDLAs) in
Maryland, New Hampshire, and
Virginia to allow the three States to
continue using revised Commercial
Driver’s License (CDL) pre-trip vehicle
inspection and revised control skills test
procedures following the completion of
field tests conducted under a waiver
granted by the Federal Motor Carrier
Safety Administration (FMCSA).
AAMVA believes that the requested
exemption would enable these States to
continue operating under the pilot
model without the burden of reverting
to the current CDL test model generating
costs and delays associated with the reconfiguration of testing locations and
retraining of CDL test examiners.
FMCSA has analyzed the exemption
application and the public comments
and has determined that the exemption,
subject to the terms and conditions
imposed, will achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.
DATES: The exemption is effective
February 22, 2022, and expires on
February 22, 2027.
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
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SUMMARY:
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material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2021–0172’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2021–0172’’ in
the keyword box, click ‘‘Search,’’ and
chose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations 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., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) 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.
FMCSA reviews safety analyses and
public comments submitted to the
Agency 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 also specify
the effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
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11505
III. Background
Current Regulatory Requirements
The CDL requirements in 49 CFR part
383, subpart G, Required Knowledge
and Skills, specifically section 49 CFR
383.133(c)(1) and (2), require the
following: Test methods: (1) A State
must develop, administer and score the
skills tests based solely on the
information and standards contained in
the driver and examiner manuals
referred to in § 383.131(a) and (b); and
(2) a State must use the standardized
scores and instructions for
administering the tests contained in the
examiner manual referred to in
§ 383.131(b).
Applicant’s Request
On October 25, 2021, the American
Association of Motor Vehicle
Administrators (AAMVA) requested that
FMCSA consider granting SDLAs in
Maryland, New Hampshire, and
Virginia (the pilot States) a multi-year
exemption to allow these States to
continue using revised CDL vehicle
inspection and revised control skills
procedures they had previously
evaluated during field tests covered by
a waiver from FMCSA. The requested
exemption would permit these States to
continue CDL testing without the
burden of reverting back to the older
CDL test model which would generate
costs and delays associated with reconfiguration of testing locations and
retraining of CDL test examiners.
Previously, AAMVA requested a 90day waiver from 49 CFR 383.133 to
enable the pilot States to complete field
tests of the new CDL skills test
procedures. FMCSA determined that the
waiver achieved an equivalent level of
safety to the current regulations and
therefore granted the request for the
period of June 1, 2021, through
September 1, 2021, for the first round of
field tests; the Agency granted a
separate waiver to cover additional field
tests through December 1, 2021. FMCSA
subsequently granted another waiver,
effective through February 22, 2022, to
avoid requiring the three States to revert
to the current skills test procedures
while the Agency considered the multiyear exemption.
In its current request, AAMVA is
seeking a multi-year exemption to allow
Maryland, New Hampshire, and
Virginia to continue using the revised
CDL vehicle inspection and revised
control skills procedures once the field
test waiver period has concluded.
According to AAMVA, this exemption
would permit the pilot States to
continue CDL testing without the
burden of reverting back to the older
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices
CDL test model which would generate
costs and delays associated with reconfiguration of testing locations and
retraining of CDL examiners.
AAMVA notes that it would seem a
sound action to allow the pilot States to
continue operating under the pilot
model, and this exemption period, if
granted, would also allow continued use
of the revised testing system while
AAMVA and FMCSA analyze the field
test results and determine if any
additional adjustments warrant further
review by the Agency and testing by
these pilot States. If the Agency adopts
the modernized test, this exemption will
minimize the back-and-forth and
confusion of rotating between CDL test
models in the pilot States, and if the
FMCSA does not accept the modernized
test, the States would revert to the
current system and will require up to 30
days to transition and notify industry of
the return to the current CDL test model.
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IV. Method To Ensure an Equivalent or
Greater Level of Safety
In granting AAMVA’s original waiver
request from 49 CFR 383.133, FMCSA
determined that a waiver of the
traditional pre-trip inspection and basic
vehicle control skills testing
requirements would not have an adverse
impact on safety because the revised
skills test would provide a comparable
level of rigor as the current tests to
ensure that participating CDL applicants
demonstrate a level of knowledge and
skills required to operate CMVs safely.
The tests would be administered in a
controlled setting, located within the
pilot States’ skills testing facilities. All
other safety requirements, such as
requiring the applicant to pass the
traditional on-road test segment of the
skills test, would continue to apply. In
addition, the pilot States would be
allowed to administer the revised
examinations only to applicants who are
domiciled in their respective States. The
pilot States would continue to be
prohibited from issuing CDLs to field
test applicants unless the applicant
passes all the required segments of the
skills test. Collectively, these measures
help ensure the requisite level of safety
is achieved.
V. Public Comments
On December 9, 2021, published
notice of this application and requested
public comment [86 FR 70161]. The
Agency received two comments
supporting the AAMVA request; no
comments were filed in opposition. The
Commercial Vehicle Training
Association (CVTA) stated that the
exemption would provide a stable fieldtesting environment while the
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modernized framework is developed,
analyzed, and adjusted as needed.
CVTA added that as noted in the 90-day
waiver determination previously issued
by the FMCSA on August 31, the
revised CDL vehicle inspection and
revised control skills testing protocol,
combined with the conditions set forth
in the Agency’s waiver determination
achieve a level of safety equivalent to
testing under existing protocols. CVTA
added that it would be prudent to allow
the pilot states to continue operating
under the pilot model, as the exemption
period would also allow for continued
use of the revised testing system while
AAMVA and FMCSA analyze the field
test results and determine if any
additional adjustments warrant further
review by the Agency and testing by
these pilot states.
The Virginia Department of Motor
Vehicles (VA DMV) echoed support:
The VA DMV currently has four test sites
participating in the modified CDL testing
program. The preliminary data is positive,
and VA DMV hopes to have the opportunity
to continue to collect all relevant data for use
by FMCSA in making future determinations
regarding CDL testing. Pursuant to VA DMV’s
participation in the pilot program, valuable
information has been gathered on these
modernized CDL testing procedures. To date,
these field-testing operations have gone
smoothly, and VA DMV continues to receive
positive feedback from our participation.
Accordingly, VA DMV believes that further
implementation of the modernized CDL
testing procedures should be considered as
part of this pilot program and beyond.
VI. FMCSA Safety Analysis and
Decision
FMCSA has evaluated the AAMVA
application and the public comments
and decided to grant the exemption. The
Agency had originally provided
AAMVA waivers to support two phases
of data collection through December 1,
2021. As discussed above, an additional
waiver was provided to avoid requiring
the pilot States to revert to the current
test procedure while the Agency
considered AAMVA’s exemption
application. This waiver provided
regulatory relief through February 22,
2022. In reviewing AAMVA’s waiver
request, FMCSA evaluated 49 CFR
383.133 and determined that a waiver of
the traditional pre-trip vehicle
inspection and basic vehicle control
skills testing requirements would not
have an adverse impact on safety
because applicants will continue to be
required to pass the revised version of
the pre-trip inspection and basic vehicle
control skills test segments which
provide a comparable level of rigor
compared to the traditional test. The
revised testing procedures would be
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administered in a controlled setting and
located within the same skills testing
facility used for the traditional test.
Those considerations are applicable to
AAMVA’s request for exemption.
FMCSA concurs with the comments
filed in support of the AAMVA request
from CVTA and the VA DMV. For these
reasons, the Agency grants AAMVA’s
exemption from 49 CFR 383.133, subject
to the terms and conditions in this
Federal Register notice.
Exemption
1. Period of the Exemption
This exemption from the
requirements of 49 CFR 383.133(c)(1)(2)
is granted for the period from 12:01
a.m., February 22, 2022, through 11:59
p.m., February 22, 2027.
2. Scope of Exemption
This exemption is granted to
Maryland, New Hampshire, and
Virginia and is limited to the provisions
of 49 CFR 383.133(c)(1) and (2).
3. Terms and Conditions
a. States operating under this
exemption must comply with all other
applicable provisions of the FMCSRs.
b. The revised testing procedures
must be administered in a controlled
setting and located within the same
skills testing facility used for the
traditional test.
4. Preemption
In accordance with 49 U.S.C.
31315(d), during the period this
exemption is in effect, no State shall
enforce any law or regulation that
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
5. Notification to FMCSA
States using this exemption must
notify FMCSA within 5 business days of
any accident (as defined in 49 CFR
390.5), involving any CMV drivers
issued CDLs who are operating under
the terms of this exemption.
Notifications filed under this provision
shall be emailed to MCPSD@DOT.GOV.
The notification must include the
following information:
a. Name of Exemption: ‘‘AAMVA
SDLA Pilot’’
b. Date of the accident,
c. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
d. Name of the CDL examiner;
e. CLP holder’s name and CLP
number and State of issuance
f. Vehicle number and State license
plate number,
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g. Number of individuals suffering
physical injury,
h. Number of fatalities,
i. The police-reported cause of the
accident,
j. Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
k. The driver’s total driving time and
total on-duty time prior to the accident.
6. Termination
FMCSA expects the States of
Maryland, New Hampshire and Virginia
will continue to maintain their safety
record while operating under this
exemption. However, should safety be
compromised, FMCSA will take all
steps necessary to protect the public
interest, including revocation or
restriction of the exemption. The
FMCSA will immediately revoke or
restrict the exemption for failure to
comply with its terms and conditions.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022–04255 Filed 2–28–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2022–0007]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the intention of the
Federal Transit Administration (FTA) to
request the Office of Management and
Budget (OMB) to approve the extension
of a currently approved information
collection: Public Transportation Safety
Certification Training Program
(PTSCTP).
SUMMARY:
Comments must be submitted
before May 2, 2022.
ADDRESSES: To ensure that your
comments are not entered more than
once into the docket, submit comments
identified by the docket number by only
one of the following methods:
1. Website: www.regulations.gov.
Follow the instructions for submitting
comments on the U.S. Government
electronic docket site. (Note: The U.S.
Department of Transportation’s (DOT’s)
electronic docket is no longer accepting
electronic comments.) All electronic
submissions must be made to the U.S.
Government electronic docket site at
jspears on DSK121TN23PROD with NOTICES1
DATES:
VerDate Sep<11>2014
19:01 Feb 28, 2022
Jkt 256001
www.regulations.gov. Commenters
should follow the directions below for
mailed and hand-delivered comments.
2. Fax: 202–366–7951.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except federal
holidays.
Instructions: You must include the
agency name and docket number for this
notice at the beginning of your
comments. Submit two copies of your
comments if you submit them by mail.
For confirmation that FTA has received
your comments, include a selfaddressed stamped postcard. Note that
all comments received, including any
personal information, will be posted
and will be available to internet users,
without change, to www.regulations.gov.
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published April 11, 2000, (65
FR 19477), or you may visit
www.regulations.gov. Docket: For access
to the docket to read background
documents and comments received, go
to www.regulations.gov at any time.
Background documents and comments
received may also be viewed at the U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Docket
Operations, M–30, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT:
Emily Jessup, Office of Chief Counsel,
(202) 366–8907 or email: Emily.Jessup@
dot.gov.
SUPPLEMENTARY INFORMATION: Interested
parties are invited to send comments
regarding any aspect of this information
collection, including: (1) The necessity
and utility of the information collection
for the proper performance of the
functions of the FTA; (2) the accuracy
of the estimated burden; (3) ways to
enhance the quality, utility, and clarity
of the collected information; and (4)
ways to minimize the collection burden
without reducing the quality of the
collected information. Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval of this
information collection.
PO 00000
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11507
Title: Public Transportation Safety
Certification Training Program
(PTSCTP) (OMB Number: 2132–0578)
Background: FTA’s Public
Transportation Safety Certification
Training Program (PTSCTP) is
authorized pursuant to 49 U.S.C.
5329(c)(1), which requires the Secretary
of Transportation to establish a public
transportation safety certification
training program for Federal and State
employees, or other designated
personnel, who conduct safety audits
and examinations of public
transportation systems, and employees
of public transportation agencies
directly responsible for safety oversight.
The program implements a uniform
safety certification training curriculum
and requirements to enhance the
technical proficiency of individuals
who conduct safety audits and
examinations of public transportation
systems operated by public
transportation agencies and those who
are directly responsible for safety
oversight of public transportation
agencies. To comply with 49 U.S.C.
5329(c)(1), these designated personnel
are required to register for the PTSCTP
and request an Individual Training Plan
(ITP). The PTSCTP has three different
ITP tracks. The different ITP tracks: (1)
State Safety Oversight (SSO)—State
Safety Oversight Agency (SSOA)
personnel and contractors who conduct
safety audits and examinations of rail
transit systems; (2) Rail Transit Agency
(RTA)—Rail transit agency personnel
and contractors who are directly
responsible for safety oversight; and (3)
Bus—Bus transit agency personnel and
contractors who are directly responsible
for safety oversight. FTA then issues an
ITP which specifies a curriculum the
registrant must complete. PTSCTP
participants enroll in courses specific to
their curriculum. The information
collected as part of this program is to
ensure that SSOA and RTA recipients
are complying with the prescribed
training requirements by ensuring their
designated personnel are receiving
training that assists with enhancing
technical and professional proficiency
in performing safety oversight functions.
FTA will use the information collected
to monitor implementation and
effectiveness of the PTSCTP. Certain
information collected may be
disseminated to recipients or FTA
program managers to encourage and
ensure participation by designated
personnel is achieved within the
prescribed 3-year certification period
and maintained through refresher
training. Recipients are required to selfcertify compliance with 49 CFR part 672
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]]>Agencies
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11505-11507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04255]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0172]
Commercial Driver's License Skills Testing: Application for
Exemption; American Association of Motor Vehicle Administrators (AAMVA)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant the exemption request of
the American Association of Motor Vehicle Administrators (AAMVA). AAMVA
requested a multi-year exemption on behalf of the State Driver
Licensing Agencies (SDLAs) in Maryland, New Hampshire, and Virginia to
allow the three States to continue using revised Commercial Driver's
License (CDL) pre-trip vehicle inspection and revised control skills
test procedures following the completion of field tests conducted under
a waiver granted by the Federal Motor Carrier Safety Administration
(FMCSA). AAMVA believes that the requested exemption would enable these
States to continue operating under the pilot model without the burden
of reverting to the current CDL test model generating costs and delays
associated with the re-configuration of testing locations and
retraining of CDL test examiners. FMCSA has analyzed the exemption
application and the public comments and has determined that the
exemption, subject to the terms and conditions imposed, will achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.
DATES: The exemption is effective February 22, 2022, and expires on
February 22, 2027.
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
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2021-0172'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2021-0172'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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.
FMCSA reviews safety analyses and public comments submitted to the
Agency 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 also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The CDL requirements in 49 CFR part 383, subpart G, Required
Knowledge and Skills, specifically section 49 CFR 383.133(c)(1) and
(2), require the following: Test methods: (1) A State must develop,
administer and score the skills tests based solely on the information
and standards contained in the driver and examiner manuals referred to
in Sec. 383.131(a) and (b); and (2) a State must use the standardized
scores and instructions for administering the tests contained in the
examiner manual referred to in Sec. 383.131(b).
Applicant's Request
On October 25, 2021, the American Association of Motor Vehicle
Administrators (AAMVA) requested that FMCSA consider granting SDLAs in
Maryland, New Hampshire, and Virginia (the pilot States) a multi-year
exemption to allow these States to continue using revised CDL vehicle
inspection and revised control skills procedures they had previously
evaluated during field tests covered by a waiver from FMCSA. The
requested exemption would permit these States to continue CDL testing
without the burden of reverting back to the older CDL test model which
would generate costs and delays associated with re-configuration of
testing locations and retraining of CDL test examiners.
Previously, AAMVA requested a 90-day waiver from 49 CFR 383.133 to
enable the pilot States to complete field tests of the new CDL skills
test procedures. FMCSA determined that the waiver achieved an
equivalent level of safety to the current regulations and therefore
granted the request for the period of June 1, 2021, through September
1, 2021, for the first round of field tests; the Agency granted a
separate waiver to cover additional field tests through December 1,
2021. FMCSA subsequently granted another waiver, effective through
February 22, 2022, to avoid requiring the three States to revert to the
current skills test procedures while the Agency considered the multi-
year exemption.
In its current request, AAMVA is seeking a multi-year exemption to
allow Maryland, New Hampshire, and Virginia to continue using the
revised CDL vehicle inspection and revised control skills procedures
once the field test waiver period has concluded. According to AAMVA,
this exemption would permit the pilot States to continue CDL testing
without the burden of reverting back to the older
[[Page 11506]]
CDL test model which would generate costs and delays associated with
re-configuration of testing locations and retraining of CDL examiners.
AAMVA notes that it would seem a sound action to allow the pilot
States to continue operating under the pilot model, and this exemption
period, if granted, would also allow continued use of the revised
testing system while AAMVA and FMCSA analyze the field test results and
determine if any additional adjustments warrant further review by the
Agency and testing by these pilot States. If the Agency adopts the
modernized test, this exemption will minimize the back-and-forth and
confusion of rotating between CDL test models in the pilot States, and
if the FMCSA does not accept the modernized test, the States would
revert to the current system and will require up to 30 days to
transition and notify industry of the return to the current CDL test
model.
IV. Method To Ensure an Equivalent or Greater Level of Safety
In granting AAMVA's original waiver request from 49 CFR 383.133,
FMCSA determined that a waiver of the traditional pre-trip inspection
and basic vehicle control skills testing requirements would not have an
adverse impact on safety because the revised skills test would provide
a comparable level of rigor as the current tests to ensure that
participating CDL applicants demonstrate a level of knowledge and
skills required to operate CMVs safely. The tests would be administered
in a controlled setting, located within the pilot States' skills
testing facilities. All other safety requirements, such as requiring
the applicant to pass the traditional on-road test segment of the
skills test, would continue to apply. In addition, the pilot States
would be allowed to administer the revised examinations only to
applicants who are domiciled in their respective States. The pilot
States would continue to be prohibited from issuing CDLs to field test
applicants unless the applicant passes all the required segments of the
skills test. Collectively, these measures help ensure the requisite
level of safety is achieved.
V. Public Comments
On December 9, 2021, published notice of this application and
requested public comment [86 FR 70161]. The Agency received two
comments supporting the AAMVA request; no comments were filed in
opposition. The Commercial Vehicle Training Association (CVTA) stated
that the exemption would provide a stable field-testing environment
while the modernized framework is developed, analyzed, and adjusted as
needed. CVTA added that as noted in the 90-day waiver determination
previously issued by the FMCSA on August 31, the revised CDL vehicle
inspection and revised control skills testing protocol, combined with
the conditions set forth in the Agency's waiver determination achieve a
level of safety equivalent to testing under existing protocols. CVTA
added that it would be prudent to allow the pilot states to continue
operating under the pilot model, as the exemption period would also
allow for continued use of the revised testing system while AAMVA and
FMCSA analyze the field test results and determine if any additional
adjustments warrant further review by the Agency and testing by these
pilot states.
The Virginia Department of Motor Vehicles (VA DMV) echoed support:
The VA DMV currently has four test sites participating in the
modified CDL testing program. The preliminary data is positive, and
VA DMV hopes to have the opportunity to continue to collect all
relevant data for use by FMCSA in making future determinations
regarding CDL testing. Pursuant to VA DMV's participation in the
pilot program, valuable information has been gathered on these
modernized CDL testing procedures. To date, these field-testing
operations have gone smoothly, and VA DMV continues to receive
positive feedback from our participation. Accordingly, VA DMV
believes that further implementation of the modernized CDL testing
procedures should be considered as part of this pilot program and
beyond.
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated the AAMVA application and the public comments
and decided to grant the exemption. The Agency had originally provided
AAMVA waivers to support two phases of data collection through December
1, 2021. As discussed above, an additional waiver was provided to avoid
requiring the pilot States to revert to the current test procedure
while the Agency considered AAMVA's exemption application. This waiver
provided regulatory relief through February 22, 2022. In reviewing
AAMVA's waiver request, FMCSA evaluated 49 CFR 383.133 and determined
that a waiver of the traditional pre-trip vehicle inspection and basic
vehicle control skills testing requirements would not have an adverse
impact on safety because applicants will continue to be required to
pass the revised version of the pre-trip inspection and basic vehicle
control skills test segments which provide a comparable level of rigor
compared to the traditional test. The revised testing procedures would
be administered in a controlled setting and located within the same
skills testing facility used for the traditional test. Those
considerations are applicable to AAMVA's request for exemption. FMCSA
concurs with the comments filed in support of the AAMVA request from
CVTA and the VA DMV. For these reasons, the Agency grants AAMVA's
exemption from 49 CFR 383.133, subject to the terms and conditions in
this Federal Register notice.
Exemption
1. Period of the Exemption
This exemption from the requirements of 49 CFR 383.133(c)(1)(2) is
granted for the period from 12:01 a.m., February 22, 2022, through
11:59 p.m., February 22, 2027.
2. Scope of Exemption
This exemption is granted to Maryland, New Hampshire, and Virginia
and is limited to the provisions of 49 CFR 383.133(c)(1) and (2).
3. Terms and Conditions
a. States operating under this exemption must comply with all other
applicable provisions of the FMCSRs.
b. The revised testing procedures must be administered in a
controlled setting and located within the same skills testing facility
used for the traditional test.
4. Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
5. Notification to FMCSA
States using this exemption must notify FMCSA within 5 business
days of any accident (as defined in 49 CFR 390.5), involving any CMV
drivers issued CDLs who are operating under the terms of this
exemption. Notifications filed under this provision shall be emailed to
[email protected]
The notification must include the following information:
a. Name of Exemption: ``AAMVA SDLA Pilot''
b. Date of the accident,
c. City or town, and State, in which the accident occurred, or
closest to the accident scene,
d. Name of the CDL examiner;
e. CLP holder's name and CLP number and State of issuance
f. Vehicle number and State license plate number,
[[Page 11507]]
g. Number of individuals suffering physical injury,
h. Number of fatalities,
i. The police-reported cause of the accident,
j. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
k. The driver's total driving time and total on-duty time prior to
the accident.
6. Termination
FMCSA expects the States of Maryland, New Hampshire and Virginia
will continue to maintain their safety record while operating under
this exemption. However, should safety be compromised, FMCSA will take
all steps necessary to protect the public interest, including
revocation or restriction of the exemption. The FMCSA will immediately
revoke or restrict the exemption for failure to comply with its terms
and conditions.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04255 Filed 2-28-22; 8:45 am]
BILLING CODE 4910-EX-P
