Notice2021-26641
Commercial Driver's License Skills Testing: Application for Exemption; American Association of Motor Vehicle Administrators (AAMVA)
Primary source
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Published
December 9, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that the American Association of Motor Vehicle Administrators (AAMVA) requests a multi-year exemption to allow the State Driver Licensing Agencies (SDLAs) in Maryland, New Hampshire, and Virginia to continue using the revised Commercial Driver's License (CDL) pre-trip vehicle inspection and revised control skills test procedures, after current field tests being conducted as part of a pilot program under a waiver granted by the Federal Motor Carrier Safety Administration (FMCSA) have been completed. AAMVA states that the requested exemption would enable these States to continue operating under the pilot model without the burden of reverting to the older CDL test model requiring cost and delays associated with the re- configuration of testing locations and retraining of CDL test examiners. FMCSA requests public comment on the applicant's request for exemption.
Full Text
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<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70161-70162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26641]
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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: Application for exemption; request for comments.
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SUMMARY: FMCSA announces that the American Association of Motor Vehicle
Administrators (AAMVA) requests a multi-year exemption to allow the
State Driver Licensing Agencies (SDLAs) in Maryland, New Hampshire, and
Virginia to continue using the revised Commercial Driver's License
(CDL) pre-trip vehicle inspection and revised control skills test
procedures, after current field tests being conducted as part of a
pilot program under a waiver granted by the Federal Motor Carrier
Safety Administration (FMCSA) have been completed. AAMVA states that
the requested exemption would enable these States to continue operating
under the pilot model without the burden of reverting to the older CDL
test model requiring cost and delays associated with the re-
configuration of testing locations and retraining of CDL test
examiners. FMCSA requests public comment on the applicant's request for
exemption.
DATES: Comments must be received on or before January 10, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2021-0172 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2021-0172) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, 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.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its regulatory process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at 202-366-2722 or by e-mail at <a href="/cdn-cgi/l/email-protection#3b76786b687f7b5f544f155c544d"><span class="__cf_email__" data-cfemail="307d7360637470545f441e575f46">[email protected]</span></a>.
If you have questions on viewing or submitting material to the docket,
contact Docket Services at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2021-0172), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2021-0172'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 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 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 Agency must
publish its decision 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
[[Page 70162]]
the regulatory provision from which the exemption is granted. The
notice must specify the effective period 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 Commercial Driver's License (CDL) requirements in 49 CFR part
383, subpart G, Required Knowledge and Skills, specifically section 49
CFR 383.133(c)(1)-(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 the
States of Maryland, New Hampshire, and Virginia (the pilot States) a
multi-year exemption to allow these 3 pilot States to continue using
revised CDL vehicle inspection and revised control skills procedures.
The requested exemption would enable these pilot States to continue
operating under the pilot model without the burden of reverting to the
older CDL test model requiring cost and delays associated with the re-
configuration of testing locations and retraining of CDL test
examiners.
On August 16, 2021, 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. This waiver request was subsequently
granted on August 31, 2021 for the period of September 1, 2021 through
December 1, 2021, after FMCSA determined that CDL skills testing
conducted under the terms and conditions of the waiver would achieve an
equivalent level of safety to the current regulations. AAMVA now seeks
to allow the pilot States to continue operating under the revised CDL
vehicle inspection and revised control skills procedures once the field
test waiver period has concluded. According to AAMVA, 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
require cost and delays associated with re-configuration of testing
locations and retraining of CDL examiners.''
AAMVA also notes that the requested exemption would allow continued
use of the revised testing system by the pilot States operating under
the current waiver 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, the requested exemption will minimize the back-and-
forth and confusion of rotating between CDL test models in the 3 pilot
States during the exemption period. If FMCSA does not accept the
modernized test, the pilot States would revert to the current system
but would need up to 30 days to transition and notify industry of the
return to the current CDL test model. A copy of the AAMVA exemption
application is in the docket listed at the beginning of this notice.
IV. Equivalent Level of Safety
In granting AAMVA's original waiver request from 49 CFR 383.133,
the 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
will provide a comparable level of rigor as the current tests to ensure
that participating CDL applicants demonstrate a level of knowledge and
skills that prove they can operate commercial motor vehicles safely.
AAMVA requested the exemption be granted under the same terms and
conditions as the waiver. Under the terms of the waiver, the tests must
be administered in a controlled setting, located within 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, continue to apply. In addition, the pilot States may
administer the revised examinations only to applicants who are
domiciled in their respective States. The pilot States must continue to
be prohibited from issuing CDLs to field test applicants unless the
applicant passes all the required segments of the skills test.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the American Association of
Motor Vehicle Administrators (AAMVA) application for an exemption from
49 CFR 383.133(c)(1)-(2). All comments received before the close of
business on the comment closing date indicated at the beginning of this
notice will be considered and will be available for examination in the
docket at the location listed under the Addresses section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-26641 Filed 12-8-21; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.