Notice2024-03328
Commercial Driver's License: State of Hawaii; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 20, 2024
Effective
February 20, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant an exemption to the State of Hawaii allowing the State to waive specific portions of the commercial driver's license (CDL) skills test for CDL applicants who take the skills test on the islands of Lanai and Molokai and issue these drivers a restricted CDL. The Agency grants this exemption because the islands of Lanai and Molokai do not have the highway infrastructure to support a demonstration of certain on-road safe driving skills required by the CDL skills test requirements. FMCSA concludes that granting the exemption, subject to the terms and conditions set forth below is likely to maintain a level of safety equivalent to or greater than the level of safety that would be maintained absent the exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 34 (Tuesday, February 20, 2024)</title>
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[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12940-12942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03328]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0185]
Commercial Driver's License: State of Hawaii; Application for
Exemption
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 an exemption to the
State of Hawaii allowing the State to waive specific portions of the
commercial driver's license (CDL) skills test for CDL applicants who
take the skills test on the islands of Lanai and Molokai and issue
these drivers a restricted CDL. The Agency grants this exemption
because the islands of Lanai and Molokai do not have the highway
infrastructure to support a demonstration of certain on-road safe
driving skills required by the CDL skills test requirements. FMCSA
concludes that granting the exemption, subject to the terms and
conditions set forth below is likely to maintain a level of safety
equivalent to or greater than the level of safety that would be
maintained absent the exemption.
DATES: The exemption is effective from February 20, 2024 through
February 20, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-2722; <a href="/cdn-cgi/l/email-protection#54263d373c3526307a37383139313a203114303b207a333b22"><span class="__cf_email__" data-cfemail="7d0f141e151c0f19531e111810181309183d191209531a120b">[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
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2023-0185'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``View Related Comments.''
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations 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.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If granted, the notice will identify the regulatory
provision from which the applicant will be exempt, the effective
period, and all terms and conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is denied, the notice will explain the
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The safe on-road driving skills applicants must possess and
demonstrate to obtain a CDL for a vehicle class are identified in 49
CFR 383.113(c). Under 49 CFR 383.113(c)(2) and (4), CDL applicants must
demonstrate, respectively, the ability to signal appropriately when
changing direction in traffic and to choose a safe gap for changing
lanes, passing other vehicles, and crossing or entering traffic.
As prescribed in 49 CFR 383.153(a)(10)(ix), a State has the
discretion to impose restrictions on a
[[Page 12941]]
CDL or create its own restrictions using additional codes for
additional restrictions, as long as each such restriction code is fully
explained on the front or back of the CDL document.
Applicant's Request
The State of Hawaii applied for an exemption from the requirements
that a CDL applicant demonstrate the following safe on-road driving
skills: the ability to signal appropriately when changing direction in
traffic (49 CFR 383.113(c)(2)); and the ability to choose a safe gap
for changing lanes, passing other vehicles, and crossing or entering
traffic (49 CFR 383.113(c)(4). The applicant states that the islands of
Lanai and Molokai do not have the highway infrastructure to support a
demonstration of these safe on-road driving skills as required by 49
CFR 383.113(c)(2) and (4). The islands do not have at least two miles
of a straight section of urban business street and at least two miles
of an expressway or highway section with multiple lanes going in each
direction to allow the ability to legally change lanes. The State of
Hawaii proposed to establish a new CDL restriction ``R,'' limiting the
CDL's validity to the islands of Lanai and Molokai only and would be
applied to these drivers who pass a CDL skills test without
demonstrating those two skills. The applicant stated that if it stops
offering CDL road tests on both islands it will be a significant
barrier for CDL applicants to meet all of the required skills test
standards and obtain a CDL. Furthermore, there will be a negative
economic impact on the communities' livelihood.
IV. Public Comments
On August 25, 2023, FMCSA published a notice of the State of
Hawaii's application and requested public comment (88 FR 58434). The
Agency received one comment that was not responsive to the request.
V. FMCSA Safety Analysis
The Agency believes allowing Hawaii to issue restricted CDLs to
drivers operating a commercial motor vehicle (CMV) on the islands of
Lanai and Molokai is likely to maintain a level of safety that is
equivalent to, or greater than, the level of safety maintained without
the exemption (49 CFR 381.305(a)). The exemption applies only to CDL
applicants taking the skills test on the islands of Lanai and Molokai
and limits these drivers to operating a CMV on those two islands only.
FMCSA reviewed the information in the State's application and the
exhibits submitted including aerial and map views of the testing
routes. The information provided by the State supports the State's
assertion that the islands of Lanai and Molokai lack the highway
infrastructure to permit CDL applicants to demonstrate their ability to
signal appropriately when changing direction in traffic, and the
ability to choose a safe gap for changing lanes, passing other
vehicles, and crossing or entering traffic. Therefore, CDL applicants
who drive a CMV only on the islands of Lanai and Molokai do not need to
demonstrate those skills to obtain their restricted CDL.
VI. FMCSA Decision
FMCSA has evaluated the State of Hawaii's application for exemption
and exhibits and the public comment. Based on its analysis, FMCSA
hereby grants Hawaii an exemption from 49 CFR 383.113(c)(2) and (4) for
CDL applicants taking the CDL skills test on the islands of Lanai and
Molokai and allowing Hawaii to issue restricted CDLs limiting these
drivers to operating a CMV on the islands of Lanai and Molokai.
Allowing the State of Hawaii to conduct an abbreviated safe on-road
driving skills test and issue restricted CDLs permitting the driver to
operate a CMV only on the islands of Lanai and Molokai where the
roadways do not require drivers to demonstrate such skills will bypass
the infrastructure barriers CDL applicants on these two islands
experience while establishing safeguards to maintain an equivalent
level of safety.
VII. Exemption Decision
A. Grant of Exemption
FMCSA grants an exemption from 49 CFR 383.113(c)(2) and (c)(4) for
a period of two years subject to the terms and conditions of this
decision.
B. Applicability
The State of Hawaii may issue restricted CDLs under this exemption
only to drivers who take the CDL skills test on the islands of Lanai
and Molokai.
C. Terms and Conditions
The State of Hawaii and drivers operating under this exemption are
subject to the following terms and conditions:
1. The State of Hawaii may waive only the following portions of the
CDL skills test, as set forth in 49 CFR 383.113(c), that cannot be
performed due to infrastructure limitations on the identified islands:
a. ability to signal appropriately when changing direction in
traffic (49 CFR 383.113(c)(2)); and
b. ability to choose a safe gap for changing lanes, passing other
vehicles, and for crossing or entering traffic (49 CFR 383.113(c)(4)).
2. The State of Hawaii must comply with 49 CFR 383.133(b) and
383.135(a) of the knowledge tests standards for testing procedures and
methods set forth in 49 CFR part 383, subpart H, and must continue to
administer knowledge tests that fulfill the content requirements of
subpart G.
3. Drivers applying for a CDL to be issued under this exemption
must take the CDL skills test on either the island of Lanai or Molokai.
4. Drivers issued a restricted CDL under this exemption may operate
a CMV only on the islands of Lanai and or Molokai. The State of Hawaii
must establish a new state CDL restriction, ``R--Restriction'', with
the following description printed on the back of the license
``Restricted to Lanai and Molokai''. These restrictive CDLs will not be
valid for use on Kauai, Oahu, Maui, Hawaii island, the U.S. Mainland
and anywhere else U.S. CDLs are valid for use.
5. The drivers must comply with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR part 350-399).
6. The State of Hawaii must include notice on a restricted CDL
issued pursuant to this exemption of the geographical area(s) in which
the CDL holder may operate a commercial motor vehicle in accordance
with 49 CFR 383.153(a)(10)(ix).
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, 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 person operating under the
exemption.
E. Notification to FMCSA
The State of Hawaii must provide to FMCSA, upon request, a list of
all drivers issued restricted CDLs under this exemption.
F. Termination
FMCSA does not believe that drivers covered by this exemption will
experience any deterioration of their safety record. The Agency will,
however, rescind the exemption if: (1) the State of Hawaii or drivers
operating under the exemption fail to comply with the terms and
conditions of the exemption; (2) the exemption results in a lower level
of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and
[[Page 12942]]
objective of 49 U.S.C. 31136(e) and 31315(b).
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-03328 Filed 2-16-24; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on February 20, 2024.
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.