[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Page 66730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23369]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0489]
Commercial Driver's License Standards: Application for Exemption;
State of Idaho, Idaho Transportation Department (ITD)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces that it has denied an application for
exemption from the requirement that third-party commercial driver's
license (CDL) testers maintain a bond in an amount determined by the
State that employs them. The bond is intended to be sufficient to pay
for re-testing drivers in the event that the third party or its
examiners is involved in fraudulent activities related to CDL skills
testing. The Division of Motor Vehicles, Idaho Transportation
Department (ITD) submitted the application for exemption. FMCSA
published ITD's application, reviewed the public comments received, and
denied the application because available information did not allow the
Agency to conclude that the proposed exemption would achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained absent the exemption.
DATES: FMCSA denied the application for exemption by letter dated
August 8, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; Telephone: 614-942-6477. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of 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 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)).
ITD Application for Exemption
The Idaho Transportation Department (ITD) is responsible for State
transportation infrastructure and oversees the disbursement of Federal,
State, and grant funding for Idaho transportation programs.
The ITD applied for an exemption from the regulations in 49 CFR
383.75(a)(8)(v) that require third party testers to initiate and
maintain a bond in an amount determined by the State to be sufficient
to pay for re-testing drivers in the event that the third party or one
or more of its examiners is involved in fraudulent activities related
to conducting skills testing of CDL applicants. The ITD requested the
exemption because the regulation creates a financial hardship for
testing examiners who must be bonded but conduct only a few tests
monthly. ITD said that the State has had no instances of fraud in its
third-party testing organizations.
Public Comments
On March 9, 2016, FMCSA published in the Federal Register notice of
the ITD application and requested public comment (81 FR 12443). The
Agency received three comments, all of which opposed the exemption. One
commenter objected to all exemptions in general. The Commercial Vehicle
Training Association stated that exempting Idaho from the bond
requirement is unnecessary because the State has the authority to
determine what the amount of these bonds should be. Therefore, if Idaho
determines that the current bond requirement is too high, it can simply
reduce the requisite amount. The Surety and Fidelity Association of
America listed various reasons why a surety bond has value to the State
and is in the public interest.
No commenters supported the ITD exemption request.
FMCSA Decision
The Agency's decision is based upon the information provided by the
applicants, and its review of comments received in response to the
Federal Register notice. The Agency concluded that the ITD application
failed to demonstrate how by eliminating the requirement for third
party testers to initiate and maintain a bond would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by the current regulation. The Agency believes the regulation provides
the proper balance, protecting the public interest while imposing only
minimal costs on small third-party testers. The bond requirement is a
business standard that not only provides a higher degree of assurance
that the CDL tests performed meet FMCSA and State requirements, but
that the tests are also performed by qualified individuals as agents of
the State. ITD did not provide any data, studies or research supporting
its request, or explain why a reduced bond amount would not achieve the
same result as an exemption. Therefore, the Agency cannot determine
that ITD's proposed exemption would meet the statutory requirement to
maintain the required levels of safety. Accordingly, FMCSA denied ITD's
application for exemption by letter dated August 8, 2016.
Issued on: September 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23369 Filed 9-27-16; 8:45 am]
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