[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70161-70162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26641]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0172]


Commercial Driver's License Skills Testing: Application for 
Exemption; American Association of Motor Vehicle Administrators (AAMVA)

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

ACTION: Application for exemption; request for comments.

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SUMMARY: FMCSA announces that the American Association of Motor Vehicle 
Administrators (AAMVA) requests a multi-year exemption to allow the 
State Driver Licensing Agencies (SDLAs) in Maryland, New Hampshire, and 
Virginia to continue using the revised Commercial Driver's License 
(CDL) pre-trip vehicle inspection and revised control skills test 
procedures, after current field tests being conducted as part of a 
pilot program under a waiver granted by the Federal Motor Carrier 
Safety Administration (FMCSA) have been completed. AAMVA states that 
the requested exemption would enable these States to continue operating 
under the pilot model without the burden of reverting to the older CDL 
test model requiring cost and delays associated with the re-
configuration of testing locations and retraining of CDL test 
examiners. FMCSA requests public comment on the applicant's request for 
exemption.

DATES: Comments must be received on or before January 10, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2021-0172 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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 or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2021-0172) 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.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its regulatory 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: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at 202-366-2722 or by e-mail at [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services at (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-2021-0172), 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 comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2021-0172'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``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 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 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 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 Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)) with 
the reasons for denying or granting the application and, if granted, 
the name of the person or class of persons receiving the exemption and

[[Page 70162]]

the regulatory provision from which the exemption is granted. The 
notice must specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Background

Current Regulatory Requirements

    The Commercial Driver's License (CDL) requirements in 49 CFR part 
383, subpart G, Required Knowledge and Skills, specifically section 49 
CFR 383.133(c)(1)-(2) require the following: Test methods: (1) A State 
must develop, administer and score the skills tests based solely on the 
information and standards contained in the driver and examiner manuals 
referred to in Sec.  383.131(a) and (b); and (2) A State must use the 
standardized scores and instructions for administering the tests 
contained in the examiner manual referred to in Sec.  383.131(b).

Applicant's Request

    On October 25, 2021, the American Association of Motor Vehicle 
Administrators (AAMVA) requested that FMCSA consider granting the 
States of Maryland, New Hampshire, and Virginia (the pilot States) a 
multi-year exemption to allow these 3 pilot States to continue using 
revised CDL vehicle inspection and revised control skills procedures. 
The requested exemption would enable these pilot States to continue 
operating under the pilot model without the burden of reverting to the 
older CDL test model requiring cost and delays associated with the re-
configuration of testing locations and retraining of CDL test 
examiners.
    On August 16, 2021, AAMVA requested a 90-day waiver from 49 CFR 
383.133 to enable the pilot States to complete field tests of the new 
CDL skills test procedures. This waiver request was subsequently 
granted on August 31, 2021 for the period of September 1, 2021 through 
December 1, 2021, after FMCSA determined that CDL skills testing 
conducted under the terms and conditions of the waiver would achieve an 
equivalent level of safety to the current regulations. AAMVA now seeks 
to allow the pilot States to continue operating under the revised CDL 
vehicle inspection and revised control skills procedures once the field 
test waiver period has concluded. According to AAMVA, the requested 
exemption ``would permit these States to continue CDL testing without 
the burden of reverting back to the older CDL test model which would 
require cost and delays associated with re-configuration of testing 
locations and retraining of CDL examiners.''
    AAMVA also notes that the requested exemption would allow continued 
use of the revised testing system by the pilot States operating under 
the current waiver while AAMVA and FMCSA analyze the field test results 
and determine if any additional adjustments warrant further review by 
the Agency and testing by these pilot States. If the Agency adopts the 
modernized test, the requested exemption will minimize the back-and-
forth and confusion of rotating between CDL test models in the 3 pilot 
States during the exemption period. If FMCSA does not accept the 
modernized test, the pilot States would revert to the current system 
but would need up to 30 days to transition and notify industry of the 
return to the current CDL test model. A copy of the AAMVA exemption 
application is in the docket listed at the beginning of this notice.

IV. Equivalent Level of Safety

    In granting AAMVA's original waiver request from 49 CFR 383.133, 
the FMCSA determined that a waiver of the traditional pre-trip 
inspection and basic vehicle control skills testing requirements would 
not have an adverse impact on safety because the revised skills test 
will provide a comparable level of rigor as the current tests to ensure 
that participating CDL applicants demonstrate a level of knowledge and 
skills that prove they can operate commercial motor vehicles safely. 
AAMVA requested the exemption be granted under the same terms and 
conditions as the waiver. Under the terms of the waiver, the tests must 
be administered in a controlled setting, located within States' skills 
testing facilities. All other safety requirements, such as requiring 
the applicant to pass the traditional on-road test segment of the 
skills test, continue to apply. In addition, the pilot States may 
administer the revised examinations only to applicants who are 
domiciled in their respective States. The pilot States must continue to 
be prohibited from issuing CDLs to field test applicants unless the 
applicant passes all the required segments of the skills test.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on the American Association of 
Motor Vehicle Administrators (AAMVA) application for an exemption from 
49 CFR 383.133(c)(1)-(2). 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. 2021-26641 Filed 12-8-21; 8:45 am]
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