[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11505-11507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04255]


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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: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant the exemption request of 
the American Association of Motor Vehicle Administrators (AAMVA). AAMVA 
requested a multi-year exemption on behalf of the State Driver 
Licensing Agencies (SDLAs) in Maryland, New Hampshire, and Virginia to 
allow the three States to continue using revised Commercial Driver's 
License (CDL) pre-trip vehicle inspection and revised control skills 
test procedures following the completion of field tests conducted under 
a waiver granted by the Federal Motor Carrier Safety Administration 
(FMCSA). AAMVA believes that the requested exemption would enable these 
States to continue operating under the pilot model without the burden 
of reverting to the current CDL test model generating costs and delays 
associated with the re-configuration of testing locations and 
retraining of CDL test examiners. FMCSA has analyzed the exemption 
application and the public comments and has determined that the 
exemption, subject to the terms and conditions imposed, will achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.

DATES: The exemption is effective February 22, 2022, and expires on 
February 22, 2027.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-2722. Email: [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2021-0172'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2021-0172'' 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 
online by visiting Dockets Operations in Room W12-140 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 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 also provide an opportunity for public comment on the 
request.
    FMCSA reviews safety analyses and public comments submitted to the 
Agency 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's decision must be published 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 the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period (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

Current Regulatory Requirements

    The CDL requirements in 49 CFR part 383, subpart G, Required 
Knowledge and Skills, specifically section 49 CFR 383.133(c)(1) and 
(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 SDLAs in 
Maryland, New Hampshire, and Virginia (the pilot States) a multi-year 
exemption to allow these States to continue using revised CDL vehicle 
inspection and revised control skills procedures they had previously 
evaluated during field tests covered by a waiver from FMCSA. 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 generate costs and delays associated with re-configuration of 
testing locations and retraining of CDL test examiners.
    Previously, 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. FMCSA determined that the waiver achieved an 
equivalent level of safety to the current regulations and therefore 
granted the request for the period of June 1, 2021, through September 
1, 2021, for the first round of field tests; the Agency granted a 
separate waiver to cover additional field tests through December 1, 
2021. FMCSA subsequently granted another waiver, effective through 
February 22, 2022, to avoid requiring the three States to revert to the 
current skills test procedures while the Agency considered the multi-
year exemption.
    In its current request, AAMVA is seeking a multi-year exemption to 
allow Maryland, New Hampshire, and Virginia to continue using the 
revised CDL vehicle inspection and revised control skills procedures 
once the field test waiver period has concluded. According to AAMVA, 
this exemption would permit the pilot States to continue CDL testing 
without the burden of reverting back to the older

[[Page 11506]]

CDL test model which would generate costs and delays associated with 
re-configuration of testing locations and retraining of CDL examiners.
    AAMVA notes that it would seem a sound action to allow the pilot 
States to continue operating under the pilot model, and this exemption 
period, if granted, would also allow continued use of the revised 
testing system 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, this exemption will minimize the back-and-forth and 
confusion of rotating between CDL test models in the pilot States, and 
if the FMCSA does not accept the modernized test, the States would 
revert to the current system and will require up to 30 days to 
transition and notify industry of the return to the current CDL test 
model.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    In granting AAMVA's original waiver request from 49 CFR 383.133, 
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 would provide 
a comparable level of rigor as the current tests to ensure that 
participating CDL applicants demonstrate a level of knowledge and 
skills required to operate CMVs safely. The tests would be administered 
in a controlled setting, located within the pilot 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, would continue to apply. In addition, the pilot States 
would be allowed to administer the revised examinations only to 
applicants who are domiciled in their respective States. The pilot 
States would continue to be prohibited from issuing CDLs to field test 
applicants unless the applicant passes all the required segments of the 
skills test. Collectively, these measures help ensure the requisite 
level of safety is achieved.

V. Public Comments

    On December 9, 2021, published notice of this application and 
requested public comment [86 FR 70161]. The Agency received two 
comments supporting the AAMVA request; no comments were filed in 
opposition. The Commercial Vehicle Training Association (CVTA) stated 
that the exemption would provide a stable field-testing environment 
while the modernized framework is developed, analyzed, and adjusted as 
needed. CVTA added that as noted in the 90-day waiver determination 
previously issued by the FMCSA on August 31, the revised CDL vehicle 
inspection and revised control skills testing protocol, combined with 
the conditions set forth in the Agency's waiver determination achieve a 
level of safety equivalent to testing under existing protocols. CVTA 
added that it would be prudent to allow the pilot states to continue 
operating under the pilot model, as the exemption period would also 
allow for continued use of the revised testing system 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.
    The Virginia Department of Motor Vehicles (VA DMV) echoed support:

    The VA DMV currently has four test sites participating in the 
modified CDL testing program. The preliminary data is positive, and 
VA DMV hopes to have the opportunity to continue to collect all 
relevant data for use by FMCSA in making future determinations 
regarding CDL testing. Pursuant to VA DMV's participation in the 
pilot program, valuable information has been gathered on these 
modernized CDL testing procedures. To date, these field-testing 
operations have gone smoothly, and VA DMV continues to receive 
positive feedback from our participation. Accordingly, VA DMV 
believes that further implementation of the modernized CDL testing 
procedures should be considered as part of this pilot program and 
beyond.

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated the AAMVA application and the public comments 
and decided to grant the exemption. The Agency had originally provided 
AAMVA waivers to support two phases of data collection through December 
1, 2021. As discussed above, an additional waiver was provided to avoid 
requiring the pilot States to revert to the current test procedure 
while the Agency considered AAMVA's exemption application. This waiver 
provided regulatory relief through February 22, 2022. In reviewing 
AAMVA's waiver request, FMCSA evaluated 49 CFR 383.133 and determined 
that a waiver of the traditional pre-trip vehicle inspection and basic 
vehicle control skills testing requirements would not have an adverse 
impact on safety because applicants will continue to be required to 
pass the revised version of the pre-trip inspection and basic vehicle 
control skills test segments which provide a comparable level of rigor 
compared to the traditional test. The revised testing procedures would 
be administered in a controlled setting and located within the same 
skills testing facility used for the traditional test. Those 
considerations are applicable to AAMVA's request for exemption. FMCSA 
concurs with the comments filed in support of the AAMVA request from 
CVTA and the VA DMV. For these reasons, the Agency grants AAMVA's 
exemption from 49 CFR 383.133, subject to the terms and conditions in 
this Federal Register notice.

Exemption

1. Period of the Exemption
    This exemption from the requirements of 49 CFR 383.133(c)(1)(2) is 
granted for the period from 12:01 a.m., February 22, 2022, through 
11:59 p.m., February 22, 2027.
2. Scope of Exemption
    This exemption is granted to Maryland, New Hampshire, and Virginia 
and is limited to the provisions of 49 CFR 383.133(c)(1) and (2).
3. Terms and Conditions
    a. States operating under this exemption must comply with all other 
applicable provisions of the FMCSRs.
    b. The revised testing procedures must be administered in a 
controlled setting and located within the same skills testing facility 
used for the traditional test.
4. Preemption
    In accordance with 49 U.S.C. 31315(d), during the period this 
exemption is in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemption.
5. Notification to FMCSA
    States using this exemption must notify FMCSA within 5 business 
days of any accident (as defined in 49 CFR 390.5), involving any CMV 
drivers issued CDLs who are operating under the terms of this 
exemption. Notifications filed under this provision shall be emailed to 
[email protected].
    The notification must include the following information:
    a. Name of Exemption: ``AAMVA SDLA Pilot''
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    d. Name of the CDL examiner;
    e. CLP holder's name and CLP number and State of issuance
    f. Vehicle number and State license plate number,

[[Page 11507]]

    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    k. The driver's total driving time and total on-duty time prior to 
the accident.
6. Termination
    FMCSA expects the States of Maryland, New Hampshire and Virginia 
will continue to maintain their safety record while operating under 
this exemption. However, should safety be compromised, FMCSA will take 
all steps necessary to protect the public interest, including 
revocation or restriction of the exemption. The FMCSA will immediately 
revoke or restrict the exemption for failure to comply with its terms 
and conditions.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04255 Filed 2-28-22; 8:45 am]
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