[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36666-36667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16225]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0147]


Qualification of Drivers; Skill Performance Evaluation; Virginia 
Department of Motor Vehicles Application for Renewal Exemption

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

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

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SUMMARY: FMCSA announces its decision to renew a Virginia Department of 
Motor Vehicles (DMV) exemption on behalf of truck and bus drivers who 
are licensed in the Commonwealth of Virginia and need a Skill 
Performance Evaluation (SPE) Certificate from FMCSA to operate 
commercial motor vehicles (CMV) in interstate commerce. The exemption 
enables interstate CMV drivers who are licensed in Virginia and are 
subject to the Federal SPE requirements under 49 CFR 391.49 to continue 
to fulfill the Federal requirements with a State-issued SPE and to 
operate CMVs in interstate commerce anywhere in the United States.

DATES: This decision is effective July 8, 2018, and will expire July 8, 
2023, and may be renewed. Comments must be received on or before August 
29, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0147 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. 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 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or 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., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
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 online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen Nolan, Office of Carrier, 
Driver and Vehicle Safety, Medical Programs Division, 202-366-4001, 
[email protected], FMCSA, Department of Transportation, 1200 New 
Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours 
are from 8:30 a.m. to 5:30 p.m., e.t., Monday through Friday, except 
Federal holidays. If you have questions regarding viewing or submitting 
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from certain parts of the Federal Motor Carrier Safety Regulations 
(FMCSRs) for no longer than 5 years if it finds ``such exemption would 
likely achieve a level of safety that is equivalent to or greater than 
the level that would be achieved absent such exemption.'' The statute 
allows the Agency to renew exemptions at the end of the 5-year period.
    On July 8, 2014, FMCSA granted Virginia a 2-year exemption that 
enables interstate CMV drivers licensed in Virginia who are subject to 
the Federal SPE requirements under 49 CFR 391.49 to fulfill the Federal 
requirements with a State-issued SPE (79 FR 38659). Subsequently, a 
request for exemption renewal was received, and granted for a 2-year 
period, beginning July 8, 2016 and ending on July 8, 2018 (81 FR 
44674).
    At the time the first exemption was granted, the term of temporary 
exemptions was limited by statute to a maximum of 2 years. However, on 
December 4, 2015, Congress enacted the Fixing America's Surface 
Transportation (FAST) Act, which now allows an exemption to be granted 
for a period of 5 years (49 U.S.C. 31315(b)(2)) if FMCSA finds ``such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption.'' Virginia has consistently maintained the statutory 
requirements associated with 49 U.S.C. 31136(e) and 31315 for their SPE 
program. Therefore, the Agency believes that extending the exemption 
period to a 5-year period will likely achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.
    The requirements of the exemption were outlined in the prior 
notices and

[[Page 36667]]

will therefore not be repeated. Virginia has established its own SPE 
program that is essentially identical to the current FMCSA SPE program 
to include an application process modeled on the FMCSA process. In 
addition, State personnel who have completed SPE training identical to 
that of FMCSA personnel currently administer the SPE program and 
conduct the skill evaluation according to the same procedures and 
testing criteria used by FMCSA. If the driver passes the skill 
evaluation, the State issues the SPE Certificate. Virginia maintains 
records of applications, testing, and certificates issued, which are 
available, as required, for periodic review by FMCSA. On behalf of CMV 
drivers licensed in the Commonwealth of Virginia, the State requested 
renewal of the exemption from 49 CFR 391.49 concerning FMCSA's SPE 
Certificate process for drivers who have experienced an impairment or 
loss of a limb.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that granting this exemption is not currently 
achieving the statutory level of safety should immediately notify 
FMCSA. The Agency will evaluate any adverse evidence submitted and, if 
safety is being compromised or if continuation of the exemption would 
not be consistent with the goals and objectives of 49 U.S.C. 31136(e) 
and 31315, FMCSA will take immediate steps to revoke the Virginia DMV 
exemption.

III. Basis for Renewing Exemption

    The Agency's decision regarding this exemption is based on the fact 
that Virginia's SPE program is essentially identical to the current 
FMCSA program. Virginia continues to adhere to the application process 
modeled on the FMCSA process. State personnel who conduct the skill 
evaluation complete the same training as FMCSA personnel conducting the 
test and follow the same procedures and testing criteria used by FMCSA. 
FMCSA has conducted ongoing monitoring and SPE program reviews and 
Virginia continues to maintain records of applications, testing, and 
certificates issued for periodic review by FMCSA. At the time, Virginia 
DMV submitted its request for exemption renewal to the Agency, it had 
issued 29 new and 48 renewal SPE Certificates. Based upon FMCSA's 
analyses of the applications and the program as a whole, FMCSA has 
determined that no safety vulnerabilities are associated with 
Virginia's renewal request. The renewal of the exemption for a 5-year 
period is granted.
    Consequently, FMCSA has concluded that renewing the exemption 
allows the Virginia SPE program to achieve the level of safety required 
by 49 U.S.C. 31315.
    If a Virginia-licensed driver would prefer not to opt for the 
streamlined SPE process, the driver may still apply for an FMCSA-issued 
SPE. However, FMCSA may still exercise its discretion and call upon 
Virginia DMV to provide assistance in conducting the road evaluation 
needed to complete an SPE application, depending on the volume of 
applications.

IV. Conditions and Requirements:

    The FMCSA grants the renewal of the exemption to allow the Virginia 
DMV to conduct SPE's on drivers who have experienced an impairment or 
loss of a limb and are licensed in the Commonwealth of Virginia. The 
following terms and conditions apply to the State and any drivers who 
receive a State-issued SPE certificate:
     Virginia must establish and maintain its own SPE program 
that is essentially identical to the current FMCSA program.
     The State must maintain an application process modeled on 
the FMCSA process and submit information concerning the application 
process to FMCSA's Medical Programs Division for review, as required.
     State personnel who conduct the skill test must complete 
SPE training identical to that of FMCSA personnel currently 
administering the Federal SPE program.
     The skill evaluation and scoring for the SPE must be done 
using the same procedures and testing criteria used by FMCSA.
     Virginia must maintain records of applications, testing, 
and certificates issued for periodic review by FMCSA.
     Virginia must submit a monthly report to FMCSA listing the 
names and license number of each driver tested by the State and the 
result of the test (pass or fail).
     Each driver who receives a State-issued SPE must carry a 
copy of the certificate when driving for presentation to authorized 
Federal, State, or local law enforcement officials.

V. Preemption

    During the period the exemption is in effect; no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption. An exemption granted 
under the authority of 49 U.S.C. 31315(b) preempts State laws and 
regulations that conflict with or are inconsistent with the exemption. 
The decision to grant Virginia's request amounts to automatic Federal 
ratification of the State issued SPE Certificate and therefore 
prohibits other jurisdictions from requiring a separate FMCSA-issued 
SPE. The State-issued certificate must be treated as if it had been 
issued by FMCSA. Virginia-licensed drivers who receive the State-issued 
SPE are allowed to operate CMVs in interstate commerce anywhere in the 
United States.

VI. Conclusion

    Virginia has consistently maintained the statutory exemption 
requirements associated with the Skill Performance Evaluation 
Certificate program. Therefore, in accordance with 49 U.S.C. 31136(e) 
and 31315, this exemption will be valid for five years unless revoked 
earlier by FMCSA.
    The Agency does not intend its decision to pressure other States to 
take action to implement State-run SPE programs. Virginia is the first 
State to submit an application on behalf of its drivers to provide an 
alternative to the Federal SPE process. Other States are welcome to 
make similar applications if they believe it is appropriate to do so 
and they have the resources to meet terms and conditions comparable to 
those provided in this exemption.

    Issued on: July 24, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-16225 Filed 7-27-18; 8:45 am]
 BILLING CODE 4910-EX-P