Notice2022-04255
Commercial Driver's License Skills Testing: Application for Exemption; American Association of Motor Vehicle Administrators (AAMVA)
Primary source
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Published
March 1, 2022
Effective
February 22, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 40 (Tuesday, March 1, 2022)</title>
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[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11505-11507]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04255]
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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: Notice of final disposition; grant of application for
exemption.
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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: <a href="/cdn-cgi/l/email-protection#276a647774636743485309404851"><span class="__cf_email__" data-cfemail="b4f9f7e4e7f0f4d0dbc09ad3dbc2">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="9ed3ddcecddadedad1cab0d9d1c8">[email protected]</a>.
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
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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.