
[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]               
[Page 45515-45516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au08-107]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2008-0232]

 
Commercial Driver's License: Commonwealth of Virginia, Department 
of Motor Vehicles; Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA has received an application from the Commonwealth of 
Virginia Department of Motor Vehicles (Virginia DMV) for an exemption 
from provisions of the Agency's commercial driver's license (CDL) 
requirement that each CDL issued by the State contain a color 
photograph of the driver. Virginia DMV proposes that it be allowed to 
use a black and white, laser-engraved photograph in lieu of a color 
photograph. Virginia DMV believes that the issuance of CDLs with laser-
engraved black and white photographs would enhance the security of the 
credential and assist law enforcement officials with the identification 
of the CDL holder. The FMCSA requests public comment on Virginia DMV's 
application for exemption.

DATES: Comments must be submitted on or before September 4, 2008.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number [FMCSA-2008-0232] by any of the following 
methods:
     Web Site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For docket access to read background documents or comments 
received, go to http://www.regulations.gov at any time or to the ground 
floor, room W12-140, DOT Building, New Jersey Avenue, SE., Washington, 
DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except 
Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476), or you may visit http://
www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day,

[[Page 45516]]

365 days each year. You can get electronic submission and retrieval 
help and guidelines under the ``help'' section of the http://
www.regulations.gov Web site and also at the DOT's http://
docketsinfo.dot.gov Web site. If you want us to notify you that we 
received your comments, please include a self-addressed, stamped 
envelope or postcard, or a copy of print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division, Office of Bus and Truck Standards and 
Operations. Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its regulations, 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. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews the safety analyses and the public comments, 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 decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for denying or, in the alternative, the 
specific person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which the exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 2 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Virginia DMV requests an exemption from 49 CFR 383.153(a)(4), which 
requires each CDL to contain a color photograph of the driver. A copy 
of the exemption application is in the docket referenced at the 
beginning of this notice. Virginia DMV proposes that it be allowed to 
use a black and white, laser-engraved photograph on Virginia-issued 
CDLs in lieu of a color photograph. In its application for exemption, 
Virginia DMV explains that in January 2008, the Department of Homeland 
Security (DHS) issued the final rules on the REAL ID Act of 2005. As 
provided in the DHS rules 6 CFR 37.17(e)(2) provides that the 
photographs on REAL ID compliant driver's licenses and identification 
cards ``may be in black and white or color.''
    Virginia DMV believes that a black and white photograph is more 
effective than a color photograph in providing security and 
facilitating the proper identification of the license holder. It 
explains that a black and white photograph created with a laser cannot 
easily be altered. In addition, Virginia DMV explains that a black and 
white photograph enhances the identification of an individual since it 
places the focus on the actual facial features of the individual rather 
than on characteristics that can easily be altered, such as hair or eye 
color. Virginia DMV believes that the issuance of CDLs with black and 
white photographs would enhance the security of the credential and 
assist law enforcement officials with the identification of the CDL 
holder. In its application for exemption Virginia DMV provides 
information from its contractor, CBN Secure Technologies, Inc., that 
offers further explanation regarding the advantages of using black and 
white photographs on CDLs.
    Virginia DMV's proposed exemption would apply to all CDLs issued by 
the Commonwealth of Virginia. Presently, approximately 216,000 
Virginians hold valid CDLs. Virginia DMV anticipates that, if the 
requested exemption is granted, it would begin issuing CDLs with black 
and white photographs in January 2009.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Virginia DMV's application for an exemption 
from 49 CFR 383.153(a)(4).
    The Agency will consider all comments received by close of business 
on September 4, 2008. Comments will be available for examination in the 
docket at the location listed under the ADDRESSES section of this 
notice. The Agency will consider to the extent practicable comments 
received in the public docket after the closing date of the comment 
period.

    Issued on: July 25, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-17860 Filed 8-4-08; 8:45 am]

BILLING CODE 4910-EX-P
