[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76657-76658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26353]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0180]


Commercial Driver's License (CDL) Testing; Application for 
Exemption: State of Minnesota

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

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

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SUMMARY: FMCSA announces that the State of Minnesota seeks 
reconsideration of its application for exemption from regulations 
governing commercial driver's license (CDL) skills testing procedures 
and practices that was denied on May 9, 2017. Minnesota believes it can 
deliver its CDL skills testing more efficiently in an alternative 
manner. It asserts that its method of delivering skills testing will 
maintain the testing standards enumerated by the regulations. FMCSA 
requests public comment on Minnesota's application for reconsideration.

DATES: Comments must be received on or before December 30, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0180 by any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, West 
Building Ground Floor, Room W12-140, 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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, 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 www.regulations.gov 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.
    The on-line Federal document management system is available 24 
hours each day, 365 days each year. If you want acknowledgment that we 
received your comments, please include a self-addressed, stamped 
envelope or postcard or print the acknowledgement page that appears 
after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (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-2016-0180), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0180'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``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 the Federal Motor Carrier Safety Regulations (FMCSRs) 
(49 CFR part 350 et seq.). 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.

[[Page 76658]]

    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 the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (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

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) [49 U.S.C. 
chapter 313, implemented by 49 CFR part 383] was designed to improve 
highway safety by ensuring that truck and bus drivers are qualified to 
drive a commercial motor vehicle (CMV). States issue drivers' licenses 
to CMV operators, but the Federal government sets minimum requirements 
for the issuance of a commercial driver's license (CDL). Subpart H of 
part 383 of the FMCSRs sets forth the principal requirements governing 
State testing of applicants for a CDL.
    On August 1, 2016, FMCSA published a notice in the Federal Register 
requesting public comment on Minnesota's application for exemption from 
certain testing requirements in Sec.  383.133 (81 FR 50592). Under 
Sec.  383.133(c)(6) the CDL skills test must be conducted in three 
parts in the following order: pre-trip inspection, vehicle control 
skills, and on-road driving. Minnesota asked that it be allowed to 
combine the second and third parts (vehicle control skills and on-road 
driving) and thus reduce the skills tests to two parts. It also 
requested to be exempted from using the American Association of Motor 
Vehicle Administrators (AAMVA) 2005 Test Model Score Sheet. Finally, it 
requested to be exempted from the requirement that applicants must pass 
the pre-trip inspection portion of the exam before proceeding to the 
balance of the test.
    The Agency received 12 comments. Many commenters voiced opposition 
to Minnesota's request for relief from using the AAMVA Score Sheet 
during testing. Most commenters opposed allowing Minnesota to shorten 
the testing to two parts and to allow applicants who fail the initial 
portion of the test to proceed to the on-road testing. Generally, those 
opposed felt that granting the exemptions would compromise the 
standardization of testing among the various States. On May 9, 2017, 
FMCSA denied Minnesota's application for exemption for the following 
reasons:
     FMCSA opposed allowing a State to amend the AAMVA test 
model score sheet, which has been tested and validated for use by all 
States in testing prospective CMV drivers. When a CDL driver moves to a 
new State and seeks to transfer his or her CDL to that State, universal 
use of the score sheet assures the new State that the driver met a 
baseline standard for safety when his or her CDL was first issued.
     FMCSA opposed combining the skills test. Under the 
proposed exemption, an individual could pass Minnesota's combined test 
even though he or she has exceeded the maximum point deduction allowed 
when the two portions (basic controls or on-the road) of the skills 
test are given separately.
     FMCSA opposed allowing CDL applicants to operate CMVs at 
highway speeds when they have not demonstrated the proper handling of 
the vehicle at lower speeds during the basic controls test.

Request for Reconsideration of Agency Decision

    Minnesota requests that FMCSA reconsider its denial of the 
exemption described. The State asks to be exempt from using the AAMVA 
2005 Test Model Score Sheet and asserts that FMCSA's position is moot 
because Minnesota's score sheet evaluates the same driving skills and 
contains the same inspection elements as the AAMVA scoresheet. Details 
are provided in the State's request for reconsideration.
    Minnesota asks that it be allowed to combine vehicle control skills 
and on-road driving and thus have two parts to its skills test. 
Minnesota argues that FMCSA's finding in the denial letter does not 
accurately describe how its scoring is applied.
    Finally, Minnesota asks to be exempted from the requirement that 
applicants must pass the pre-trip inspection portion of the exam before 
proceeding to the balance of the test. Minnesota contends that the 
order in which the elements of the CDL test are conducted does not 
result in unsafe conditions or the operation of a CMV at highway 
speeds. Minnesota explained that exam stations are located in low 
traffic speed residential and downtown areas across the State. Once the 
vehicle inspection is completed, drivers travel at low speeds per 
traffic signs to the location where backing exercises are conducted. 
The basic controls segment consists of backing maneuvers with potential 
pull ups and is performed at very low speed. Consequently, drivers do 
not proceed to highway speeds prior to completing the basic control 
skills.
    A copy of FMCSA's May 9, 2017, letter denying Minnesota's original 
application and of the State's request for reconsideration is in the 
docket listed at the beginning of this notice.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Minnesota's request for 
reconsideration of its application for an exemption. 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. 2020-26353 Filed 11-27-20; 8:45 am]
BILLING CODE 4910-EX-P


