[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7289-7290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03362]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Commercial Driver's License Standards; Waiver for States To
Facilitate the Issuance of Licensing Documents to Former Residents of
Puerto Rico
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; grant of waiver.
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SUMMARY: FMCSA grants a limited 90-day waiver from certain requirements
concerning proof of U.S. citizenship or legal permanent residence and
domicile to enable State driver licensing agencies (SDLAs) to accept
commercial learner's permit (CLP) and commercial driver's license (CDL)
applications from individuals relocating from Puerto Rico as a result
of hurricanes Irma and Maria. This action is being taken in response to
a request from the Commercial Vehicle Training Association (CVTA) to
assist residents of Puerto Rico relocating from the U.S. territory to
any of the States in the aftermath of hurricanes Irma and Maria.
Through this waiver, the SDLAs may follow the Department of Homeland
Security's exception process for persons who, for reasons beyond their
control, are unable to present proof of legal permanent residency or
U.S. citizenship. Further, this waiver provides a procedure under which
persons who intend to domicile in the State of application may receive
additional time to provide proof establishing that the State of
application is the State of domicile. A CLP document issued under this
waiver may not be valid for more than 90 days and must require the
applicant to be actively enrolled in a CDL training school within that
State. A CDL document issued under this waiver may not be valid for
more than six months, by which time the individual is required to
provide proof as required under existing regulations that the State
that issued the CDL is his/her State of domicile. All other CLP and CDL
licensing requirements must be satisfied upon initial issuance of the
CLP or CDL. The Agency has determined that the waiver is within the
public interest and would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved by
complying with the regulation, based on the terms and conditions
imposed.
DATES: This waiver is applicable February 20, 2018 and expires on May
21, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the
Commercial Driver's License Division, Office of Safety Programs, 202-
366-0831, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Transportation Equity Act for the 21st Century (TEA-21) (Pub.
L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of
Transportation (the Secretary) the authority to grant waivers from any
of the Federal Motor Carrier Safety Regulations (FMCSRs) issued under
Chapter 313 of Title 49 of the United States Code or 49 U.S.C. 31136,
to a person(s) seeking regulatory relief. 49 U.S.C. 31315(a). The
Secretary must make a determination that the waiver is in the public
interest, and that it is likely to achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
obtained in the absence of the waiver. Individual waivers may only be
granted for a specific unique, non-emergency event, for a period up to
three months. TEA-21 authorizes the Secretary to grant waivers without
requesting public comment, and without providing public notice.
The Administrator of FMCSA has been delegated authority under 49
CFR 1.73(g) to carry out the functions vested in the Secretary by 49
U.S.C. chapter 311, subchapters I and III, relating to commercial motor
vehicle programs and safety regulation.
Background
The FMCSA received an application for both a waiver and an
exemption from the CVTA. The CVTA requested relief from FMCSA's CDL
requirements concerning proof of U.S. citizenship and domicile in the
State that issues the CLP or CDL to enable citizens of Puerto Rico to
seek training at commercial driving schools in any of the 50 States or
the District of Columbia. Elsewhere in today's issue of the Federal
Register FMCSA seeks public comment on CVTA's exemption application.
Currently, FMCSA requires individuals seeking a CLP or CDL to
provide the State of application proof of citizenship or legal
permanent residency. The FMCSRs include a list of
[[Page 7290]]
acceptable documents States may accept as proof of citizenship or legal
permanent residency (see Table 1 to 49 CFR 383.71). FMCSA also requires
each person to provide proof that the State to which the CLP or CDL
application is submitted is his/her State of domicile. The State must
require compliance with the standards for establishing proof of
citizenship or legal permanent residency, and domicile.
In the aftermath of hurricanes Irma and Maria, a number of
residents of Puerto Rico have or will soon relocate from the U.S.
Territory to one of the States. Some of these residents may wish to
pursue a career as a commercial motor vehicle driver upon arrival in
any of the States. However, because of the hurricanes, these
individuals may not possess certain documents otherwise necessary to
establish U.S. citizenship or legal permanent residency under the CLP
and CDL regulations. Similarly, the former residents impacted by the
hurricanes may not be immediately capable of providing documentation
establishing domicile within the application State under the CLP and
CDL regulations.
CVTA's Request
The CVTA requests that FMCSA provide a limited 90-day waiver
allowing the SDLAs the same flexibility that the DHS provides in its
Real ID rules (see 6 CFR 37.11(h)), when, for reasons beyond their
control, an applicant for a Real ID is unable to present necessary
documents and must rely on alternate methods to establish identity. The
CVTA also asks FMCSA to issue a waiver allowing CLP candidates to
provide a temporary address for the purposes of obtaining the CLP and
CDL. The organization suggests that States limit the duration of the
CDL document to 6 months before it must be renewed and require a long-
term or permanent address at that time. CVTA argues that the
limitations of the waiver would achieve the requisite level of safety
by preventing individuals from maintaining a CDL with no known
permanent address.
FMCSA Decision
FMCSA has reviewed the CVTA request and DHS' exception process in 6
CFR 37.11(h)) and concluded that the waiver is needed to address the
unique, non-emergency situation caused by hurricanes Irma and Maria.
The aftermath of those hurricanes resulted in a significant number of
citizens of Puerto Rico relocating to various States. While FMCSA's
rules under 49 CFR part 383 do not include an exception process for
proof of U.S. citizenship or legal permanent residence for individuals
seeking a CLP or CDL, the Agency believes the DHS exception process in
6 CFR 37.11(h) provides a proven alternative for use in dealing with
individuals who, for reasons beyond their control, are unable to
present the required documents and must rely on alternate methods to
establish U.S. citizenship or legal permanent residence. Because the
exception process has been proven effective by DHS and the States,
FMCSA believes the waiver would achieve the requisite level of safety
provided by complying with 383.71(a)(2)(v), 49 CFR 383.71(b)(9), 49 CFR
383.73(a)(2)(vi), and 49 CFR 383.73(b)(6) concerning proof of U.S.
citizenship or legal permanent residence.
Because the initial relocation from Puerto Rico would take place
shortly before the drivers begin the training necessary to obtain a
CLP, these individuals likely will be unable to provide the
documentation necessary to establish a ``State of domicile'' as defined
in 49 CFR 383.5 prior to the completion of the CDL training program and
the acceptance of a job driving commercial motor vehicles. The CVTA's
request suggests a 6-month period for those individuals obtaining a CDL
to provide proof of permanent domicile within a State, subsequently
updating the CDL record with a permanent address and thereby satisfying
the domicile requirements. FMCSA believes the 6-month limitation, the
States' use of the DHS exceptions for these CDL applicants to provide
legal permanent residence or U.S. citizenship, and the other conditions
stated below would achieve the requisite level of safety that would
otherwise be provided by requiring proof of domicile at the time of
application under 49 CFR 383.71(a)(2)(vi), 49 CFR 383.71(b)(10), 49 CFR
383.73(a)(2)(vi), and 49 CFR 383.73(b)(6).
Terms and Conditions of the Waiver
FMCSA grants former residents of Puerto Rico relocating as a result
of hurricanes Irma and Maria a limited 90-day waiver from 49 CFR
383.71(a)(2)(v) and 383.71(b)(9) concerning proof of U.S. citizenship
or legal permanent residence. FMCSA also grants SDLA's a limited 90-day
waiver from 49 CFR 383.73(a)(2)(vi) and 383.73(b)(6) concerning proof
of U.S. citizenship or legal permanent residence. SDLAs choosing to
assist Puerto Rican citizens under this waiver must follow DHS's
exception process.
FMCSA grants former residents of Puerto Rico relocating as a result
of hurricanes Irma and Maria, a limited 90-day waiver from the
requirement to provide proof of domicile at the time of application
under 49 CFR 383.71(a)(2)(vi) and 383.71(b)(10). FMCSA also grants
SDLAs a limited 90-day waiver from 49 CFR 383.73(a)(vi), 383.73(b)(6)
and authorizes them to extend the time within which an applicant must
provide proof of domicile and issue a CLP or CDL under the limitations
set forth in this waiver. Under this waiver, at the time of
application, the CLP applicant must be actively enrolled in a CDL
training school within the State of application and provide proof of
that enrollment. A CLP document issued under this waiver may not be
valid for more than 90 days. The CLP must include all other CLP
regulatory requirements. Should any individual with a CLP granted under
this waiver leave the training program for any reason prior to earning
a CDL, the CLP shall be cancelled by the SDLA immediately. The SDLA
shall be responsible for implementing any procedures within the State
to ensure compliance with this requirement.
A CDL issued under this waiver is limited to six months validity
and may not be renewed unless the State complies with 383.73(b)(6) and
requires the individual to comply with 49 CFR 383.71(a)(2)(vi) by
providing proof that the State to which the application is made is the
applicant's State of domicile as defined by 383.5. The SDLA must submit
to [email protected] a list of all individuals who are issued CLPs or CDLs
under the terms and conditions of this waiver, on a monthly basis. The
SDLA must comply with all other requirements of parts 383.71 and
383.73.
This waiver is applicable February 20, 2018 through May 21, 2018.
Safety Considerations
Considering the limited period of this waiver, the fact that it
does not alter any of the knowledge and skills testing requirements for
obtaining a CDL, and the conditions set forth above, the Agency has
determined that the waiver is likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by
complying with the current regulations.
Issued on: February 9, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-03362 Filed 2-16-18; 8:45 am]
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