Notice2024-08335
Commercial Driver's License: Application for Exemption; Florida Department of Highway Safety and Motor Vehicles
Primary source
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Published
April 18, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its denial of an application for exemption, filed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), from the commercial driver's license (CDL) skills testing regulation requiring the three-part CDL skills test to be administered and successfully completed in the following order: pre-trip inspection, basic vehicle control skills, and on-road skills. The FLHSMV applied for an exemption to allow the tester, at their discretion, to continue testing an applicant who fails the pre-trip inspection or basic vehicle controls segments of the CDL skills test and allow the applicant to come back at a later date to retake the failed segment(s) only. After reviewing the application and the comments submitted to the docket, the Agency has determined the record does not show that granting the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent the exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 76 (Thursday, April 18, 2024)</title>
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[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Notices]
[Pages 27829-27831]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08335]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0236]
Commercial Driver's License: Application for Exemption; Florida
Department of Highway Safety and Motor Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its denial of an application for exemption,
filed by the Florida Department of Highway Safety and Motor Vehicles
(FLHSMV), from the commercial driver's license (CDL) skills testing
regulation requiring the three-part CDL skills test to be administered
and successfully completed in the following order: pre-trip inspection,
basic vehicle control skills, and on-road skills. The FLHSMV applied
for an exemption to allow the tester, at their discretion, to continue
testing an applicant who fails the pre-trip inspection or basic vehicle
controls segments of the CDL skills test and allow the applicant to
come back at a later date to retake the failed segment(s) only. After
reviewing the application and the comments submitted to the docket, the
Agency has determined the record does not show that granting the
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent the exemption.
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#17657e747f76657339747b727a727963725773786339707861"><span class="__cf_email__" data-cfemail="cdbfa4aea5acbfa9e3aea1a8a0a8a3b9a88da9a2b9e3aaa2bb">[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:
[[Page 27830]]
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-2023-0236'' 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.''
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-2023-0236'' 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
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 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 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 Agency must
publish its decision 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
Under 49 CFR 383.133(c)(6) of the FMCSRs, States must administer a
three-part CDL skills test to applicants for CDLs in the following
order: (1) pre-trip inspection, (2) basic vehicle control skills, and
(3) on-road skills.
Applicant's Request
The FLHSMV requested an exemption from the requirement in 49 CFR
383.133(c)(6). The state of Florida operates as a third-party testing
state, where nearly all CDL skills tests are conducted by third-party
testers. If an applicant fails one segment of the test, they cannot
attempt the next segment(s) and must return on a different day to
retake all three parts of the test. The FLHSMV requested an exemption
to allow the tester, at their discretion, to continue testing an
applicant who fails the pre-trip inspection (step 1) or basic vehicle
controls (step 2) segments of the test and allow the applicant to come
back at a later date to retake only the failed segment(s). The
applicant stated that the most failed segment of the test is the pre-
trip inspection, and, if the exemption is granted, the tester could
continue to test basic vehicle control skills and on-road skills in
this instance. If the CDL applicant passed these other portions of the
test, they could return at a later date and retake just the pre-trip
inspection portion of the test. The exemption applicant further stated
that, if granted, the exemption would allow compliance staff to better
utilize their time and resources in completing the required monitoring
of third-party testers.
Applicant's Method To Ensure an Equivalent or Greater Level of Safety
The FLHSMV believes that an equivalent or greater level of safety
will be maintained because the decision to continue with the test would
reside with the certified experienced testers. The FLHSMV also noted
that, with the implementation of the Federal Entry-Level Driver
Training regulations, most applicants being tested have been certified
as proficient in operating commercial motor vehicles (CMVs), having
completed behind-the-wheel training that prepares them to safely
operate a CMV during the on-road portion of the CDL skills test.
IV. Public Comments
On December 5, 2023, FMCSA published FLHSMV's application and
requested public comment [88 FR 84387]. The Agency received 30
comments; 19 in opposition, 8 in support, and 3 others expressed no
position either for or against the exemption request. Of the 19
commentors opposed to granting the exemption, 17 were individuals and
two were trucking companies. Tim Kordula provided the following comment
that captured the concerns raised in most of the opposing comments:
``The American Association of Motor Vehicle Administrators or (AAMVA),
along with the FMCSA has done [its] research into the methodology
behind why the tests are performed the way they are. An applicant
failing the pre-trip and then being allowed to continue is not only
unsafe but irresponsible. The FMCSA rules set forth . . . a pre-trip
must be done and the driver must be sure the vehicle is in good
operating order PRIOR (sic) to moving the vehicle. Allowing the test to
continue goes against that rule as well as what the CDL schools are
trying to teach.''
Of the eight commenters filing in support, three were from industry
trade associations: the Commercial Vehicle Training Association (CVTA),
the National Tank Truck Council (NTTC), and the American Bus
Association (ABA). CVTA commented that the additional flexibility that
the exemption would give Florida's CDL testing program would help
address skills testing delays. According to CVTA, citing a study of
cumulative data from 33 states, ``These delays put jobs on hold for
258,744 drivers and resulted in over $1 billion in lost wages for these
drivers.'' CVTA's comment was referring to an independent economic
analysis commissioned by CVTA and published in 2019. CVTA further
stated ``As a result, federal and state governments missed out on an
estimated loss of $234 million in forgone income taxes and $108 million
in forgone state and local sales taxes that could have been generated
in the absence of skills testing delays.'' CVTA added that skills
testing delays can cause a new driver's skills to deteriorate.
The NTTC agreed with CVTA, noting that if the petition is approved,
skills testers in Florida will be able to devote less time to areas in
which drivers have already shown they are competent, increasing the
efficiency of the CDL credentialing process. According to NTTC, ``Given
the well documented commercial driver shortage, it is imperative that
we reduce barriers to individuals attaining the proper credentials for
operating commercial vehicles.''
ABA commented in support of granting the exemption, stating ``in
providing additional flexibility to the testing protocol, testing
delays will be mitigated as students will only need to take portions of
the test they did not pass, freeing up vital resources for the
administration of additional evaluations.'' ABA continued its comment
with ``This will also
[[Page 27831]]
incentivize students to retest, instead of giving up because they could
not complete the testing protocol in a precise order. We believe this
could be a valuable step in reducing the driver shortage and welcoming
new qualified drivers into the commercial driving industry.''
V. FMCSA Safety Analysis and Decision
FMCSA reviewed the FLHSMV application and the public comments and
denies the exemption request. The Agency believes that conducting the
elements of the CDL skills test in the required order (i.e., pre-trip
inspection, vehicle control skills test, on-road skills test) is the
best practice for the safety of the CDL applicant, the examiner, and
any motorists who must share the public roadway with the CDL applicant
during the on-road portion of the CDL skills test. The current
regulations provide flexibility for retesting, depending on when the
failure in the three-part CDL skills test happens. If the CDL applicant
fails step 1, the pre-trip inspection, the test ends, and the candidate
must come back to take the entire test. If the candidate passes step 1,
the pre-trip inspection, but fails step 2, the basic vehicle control
portion, the test ends, and the candidate must come back to repeat step
2, the basic vehicle control, and take step 3, the on-the-road portion.
Finally, if the candidate passes steps 1 and 2, but fails step 3, the
on-the-road portion, the candidate must return to repeat step 3.
The sequence of the skills test ensures that an applicant has
demonstrated sufficient knowledge and skills to safely attempt the next
step in the testing process. The current regulations also provide
flexibility, in that generally, applicants are not required to retake
portions of the test which have been successfully completed. Moreover,
with the implementation of the Federal Entry-Level Driver Training
(ELDT) requirements, the Agency believes SDLAs should see a reduction
in the percentage of applicants who fail portions of the CDL skills
test.
For the above reasons, FLHSMV's exemption application is denied.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-08335 Filed 4-17-24; 8:45 am]
BILLING CODE 4910-EX-P
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