[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42391-42392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15287]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0118]
Commercial Driver's License Standards: Missouri Department of
Revenue (DOR); Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant the Missouri DOR and all
other State driver licensing agencies (SDLAs) a limited exemption from
the Agency's commercial driver's license (CDL) regulations. These
regulations allow a State to waive the CDL skills test for applicants
regularly employed or previously employed within the last 90 days in a
military position requiring operation of a commercial motor vehicle
(CMV). The exemption extends the 90-day timeline to one year following
the driver's separation from military service. The Missouri DOR
believed that the 90-day timeframe is too short to take advantage of
the waiver for many of the qualified discharged veterans entering and
settling into civilian life. A similar exemption was granted to the
Commonwealth of Virginia, Department of Motor Vehicles (VA DMV) and all
SDLAs on July 8, 2014, effective through July 8, 2016. FMCSA has
analyzed the Missouri DOR exemption application and the public comments
and has determined that the exemption will achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.
DATES: This exemption is effective July 8, 2016 through July 8, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. 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
[[Page 42392]]
conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which 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)).
Request for Exemption
The Missouri DOR requested an exemption from 49 CFR 383.77(b)(1),
which allows States to waive the skills test described in Sec. 383.113
for applicants regularly employed or previously employed within the
last 90 days in a military position requiring operation of a CMV. The
Missouri DOR proposed that it be allowed to extend the 90-day timeline
to one year following the driver's separation from military service.
The Missouri DOR contended that the 90-day timeframe is too short
for many of the qualified veterans to utilize while reentering civilian
life. They stated that the Department has utilized the military waiver
program for years and one of the most common reasons the applicant is
not eligible is because the application is beyond the 90-day timeframe.
Furthermore, the industry need for new drivers is continually growing
each year and providing additional flexibility in Sec. 383.77(b)(1)
will help offset that need by transitioning fully-trained military
veterans into civilian employment. They further stated that it is their
goal to assure highway safety by licensing qualified veterans seeking
employment following discharge. A more accessible waiver period would
assist in meeting this goal and provide an opportunity to veterans.
FMCSA has previously determined that extending the 90-day skills
test waiver period to one year following the driver's separation from
military service would maintain a level of safety equivalent to, or
greater than, the level achieved without the exemption (49 CFR
381.305(a)). An exemption extending the 90-day skills test waiver
period to one year was granted to the Commonwealth of Virginia,
Department of Motor Vehicles (Virginia DMV) and all SDLAs on July 8,
2014 (79 FR 38645). This exemption is in effect through July 8, 2016.
On March 16, 2016, FMCSA published a notice of proposed rulemaking
(NPRM) and request for comments entitled ``Commercial Driver's License
Requirements of the Moving Ahead for Progress in the 21st Century Act
and the Military Commercial Driver's License Act of 2012'' (81 FR
14052). This proposed rulemaking would extend the time period for
applying for a skills test waiver from 90 days to one year after
leaving a military position requiring the operation of a CMV for all
States. The comment period on this notice closed on May 16, 2016. This
proposed rulemaking will not be finalized by July 8, 2016, which is the
VA DMV exemption expiration date. Therefore, this Missouri DOR
exemption for all SDLAs is needed to cover the time between expiration
of the Virginia exemption and any rulemaking that would make the
exemption(s) moot.
A copy of the Missouri DOR's application for exemption is available
for review in the docket for this notice.
Public Comments
On April 11, 2016, FMCSA published notice of the Missouri DOR's
application for exemption and requested public comment (81 FR 21443).
The Agency received three docket comments submitted, which were all
filed in support of the Missouri DOR request.
The American Association of Motor Vehicle Administrators (AAMVA)
commented that on July 8, 2014, FMCSA had granted an extension to all
SDLAs to extend the allowable timeframe for a military skills test
waiver for up to one year. AAMVA applauded FMCSA for granting that
exemption and proposing to make it a permanent regulatory change in the
Agency's aforementioned NPRM. According to AAMVA, as that NPRM may not
become final before the current exemption's [VA DMV] July 8, 2016
expiration, they requested FMCSA extend this important exemption for
the maximum extent allowable.
The Oregon Department of Motor Vehicles (OR DMV) commented that
they are fully supportive of Missouri's request for exemption from
Sec. 383.77(b)(1). Another individual commented that he was in favor
of any exemption that benefits both the transportation industry and the
veterans.
FMCSA Response and Decision
The FMCSA has evaluated Missouri DOR's application and, following
consideration of the comments submitted to the docket, has decided to
grant the exemption from 49 CFR 383.77(b)(1). FMCSA does not believe
that the veterans' driving skills would decrease during the additional
months in which this exemption allows them to apply for a waiver of the
CDL skills test. This exemption only extends the period during which
application for the skills test waiver may be made, and does not revise
any other provisions of the regulations. FMCSA determined that the
exemption would maintain a level of safety equivalent to, or greater
than, the level achieved without the exemption (49 CFR 381.305(a)).
Issued on: June 16, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-15287 Filed 6-28-16; 8:45 am]
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