[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Proposed Rules]
[Pages 13249-13250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04966]



[[Page 13249]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383

[Docket No. FMCSA-2018-0332]
RIN 2126-AC23


Commercial Driver's License Out-of-State Knowledge Test; 
Withdrawal

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

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: FMCSA is withdrawing a notice of proposed rulemaking (NPRM) to 
allow driver applicants to take the commercial driver's license (CDL) 
general and specialized knowledge tests in a State (the testing State) 
other than the applicant's State of domicile. The NPRM also proposed 
that the applicant's State of domicile would be required to accept 
knowledge test results from the testing State. As explained further 
below, FMCSA is taking this action after considering the comments 
received following the publication of the NPRM.

DATES: The proposed rule published July 29, 2019, at 84 FR 36552 is 
withdrawn as of March 9, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief, Commercial 
Driver's License Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590 0001, (202) 366-0831, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In August 2017, FMCSA issued regulatory guidance titled, 
``Commercial Driver's License Standards: Regulatory Guidance Concerning 
the Issuance of Commercial Learner's Permits'' (August 2017 Guidance) 
(82 FR 36101 (Aug. 3, 2017)), which clarified the circumstances under 
which a CDL applicant's State of domicile may accept the results of 
knowledge testing administered to the applicant in another State. The 
August 2017 Guidance permits the testing State and the State of 
domicile to enter into a voluntary agreement prior to the general 
knowledge test being administered by the testing State. The guidance 
emphasizes that, because only the State of domicile is authorized to 
issue a Commercial Learner's Permit (CLP) or CDL, the responsibility 
for compliance with the requirements of 49 CFR 383.71 (driver 
application and certification) and 383.73 (CLP/CDL issuance) remains 
with the State of domicile. To the Agency's knowledge, no States have 
entered into an agreement pursuant to the August 2017 Guidance.
    On July 29, 2019, FMCSA published in the Federal Register (Docket 
No. FMCSA-2018-0332, 84 FR 36552) an NPRM \1\ to amend 49 CFR 
383.79(a)(1) and (2) by permitting a State also to administer knowledge 
test(s) to an out-of-State applicant, and by requiring the State of 
domicile also to accept those knowledge testing results.
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    \1\ To view the NPRM and the comments we received, go to https://www.regulations.gov/document/FMCSA-2018-0332-0001.
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    FMCSA received comments on the NPRM from the following parties: The 
American Association of Motor Vehicle Administrators (AAMVA); American 
Trucking Associations (ATA); California Department of Motor Vehicles 
(California); C. R. England, Inc.; Illinois Secretary of State 
(Illinois); Iowa Department of Transportation (Iowa); Minnesota 
Department of Public Safety, Driver and Vehicle Services Division 
(Minnesota); Minnesota State Patrol (MSP); Montana Department of 
Justice (Montana); National School Transportation Association (NSTA); 
Pennsylvania Department of Transportation (Pennsylvania); Truckload 
Carriers Association (TCA); Virginia Department of Motor Vehicles 
(Virginia); and six private citizens.
    To improve the Agency's understanding of the impact of the NPRM on 
States and CDL applicants, FMCSA posed several specific questions. The 
questions and a summary of the responsive comments are set forth below.
    Question 1. To what extent will State Driver Licensing Agencies 
(SDLAs) need to adapt existing procedures and processes to receive out-
of-State knowledge testing results and remotely deliver the physical 
CLP or upgraded CDL? What are the costs associated with making these 
changes?
    Responses: All SDLAs responding to this question stated that 
changes to existing CLP application and issuance procedures and 
software would be necessary; some also questioned how remote delivery 
of the CLP credential would be accomplished.
    Only Pennsylvania responded to the cost question specifically, 
estimating a cost of approximately $525,000 for the system changes 
needed to accept knowledge test results from other States and a cost of 
approximately $1.6 million to begin offering knowledge testing to out-
of-State driver applicants. Other States noted there would be costs 
associated with changing existing systems and processes to accept test 
results from other States but did not quantify the amounts.
    All State commenters said the NPRM would require changes in current 
procedures for processing knowledge test results and issuing CLPs. 
Minnesota and Virginia noted, for example, they would need to revise 
current processes to allow an applicant's record to remain ``open'' in 
pending status while waiting to receive the applicant's out-of-State 
knowledge test results. California questioned how it would receive the 
completion of knowledge testing notification from the testing State.
    Question 2. What additional State implementation concerns are 
raised by [the NPRM]?
    Responses: Pennsylvania noted that there is currently ``no way to 
verify the person taking the knowledge test in another jurisdiction is 
in fact the same person taking the skills test later in the process,'' 
adding that ``[the Commercial Skills Test Information Management 
System] does not provide a mechanism for verification with other 
jurisdictions.'' Virginia also noted security concerns, stating that 
``the requirement to issue a CLP remotely undermines the current 
processes Virginia has in place to ensure that a credential is securely 
issued to the applicant.'' California also expressed concern over the 
proposed remote delivery requirement, questioning how secure delivery 
could be assured if the CLP credential was sent to an address outside 
their State. Montana noted ``grave concerns about the real and 
substantial threat of fraudulent activity'' if Montana is required to 
issue a CLP to an applicant who does not personally appear at a Montana 
driver license location. Minnesota and Virginia cited ongoing 
difficulties in the processing of out-of-State skills testing results, 
which could carry over to the processing of knowledge testing results.
    Question 3. Would 2 years, or 3 years, allow SDLAs sufficient time 
to achieve compliance with the proposed requirement to accept any out-
of-state knowledge test results? Please explain the basis of your 
preferred compliance date.
    Responses: Three States responded to this question. Pennsylvania 
said it would need 2.5 years to accommodate necessary changes in State 
laws and processes. California and Virginia said they would need 3 
years to achieve compliance.
    Question 4. If [the NPRM] is finalized, would your SDLA offer 
knowledge testing to out-of-state CLP applicants or

[[Page 13250]]

CDL holders wishing to add an endorsement to their license? Why or why 
not?
    Responses: Of the States that responded directly to this question, 
Minnesota and California said they would not offer out-of-State 
testing; Virginia said it would likely offer out-of-State testing if 
authorized by the State legislature. Iowa also implied that it would 
offer knowledge testing to out-of-state CLP applicants by noting that 
Iowa-based driver training programs, which attract many out-of-State 
students, bring ``tremendous economic value'' to the State. 
Pennsylvania said that, without ``process improvements and additional 
funding,'' it would be difficult to provide testing out-of-State 
applicants.
    Question 5. Would the proposed changes allow applicants who take 
driver training outside their State of domicile to obtain a CLP or 
upgraded CDL more efficiently? If so, please provide specific examples 
of time or cost savings that may accrue if the proposed changes were 
adopted.
    Responses: Pennsylvania responded that, if its concerns were 
addressed, allowing out-of-State knowledge testing ``could be a 
significant achievement in enhancing access for our future commercial 
drivers and their employers.'' Iowa predicted the proposed rule would 
enhance efficiency and that associated cost savings would accrue to 
employers, trainers, and drivers. ATA, TCA, and other commenters also 
believed the rule would enable applicants to receive their CLPs more 
efficiently. Minnesota, which does not intend to provide knowledge 
testing to out-of-State applicants, stated that ``[t]he only efficiency 
with this proposal is to truck driving students who take training in 
another state that is not a border state.''
    Commenters provided additional input beyond answering these five 
questions, as summarized below.
    Some commenters, including ATA, TCA, and NSTA, believed the 
proposed rule would have no detrimental impact on safety because all 
CLP applicants must be tested and licensed in accordance with the 
standards established by the May 9, 2011, final rule titled, 
``Commercial Driver's License Testing and Commercial Learner's Permit 
Standards'' (76 FR 26854). Some States expressed concern that, if 
adopted, the proposed rule would undermine the State of domicile's 
ability to maintain control over the testing process and ensure that 
only qualified drivers obtain a CLP. Several commenters commended the 
proposed rule for relieving the time and travel cost burden on CLP 
applicants who must return to their State of domicile to take the 
knowledge test after receiving training in another State. On the other 
hand, one commenter stated there is no undue burden imposed by 
requiring a CLP applicant to take the knowledge test in their State of 
domicile, noting that ``[l]earning needed to pass the written knowledge 
test can be done by reading the written materials available from any 
SDLA.''
    Several commenters noted that the proposed rule would benefit 
driver training schools and motor carriers by enhancing efficiency of 
the training process, thereby helping to alleviate driver shortages. As 
one commenter explained, a more efficient testing process will 
encourage more drivers to apply for a CDL, which means ``more 
opportunities to fill the gap between the supply and demand of 
commercially-licensed drivers.''
    Two commenters asserted that FMCSA is exceeding its legal authority 
over the States' commercial licensing processes by requiring the State 
of domicile to accept knowledge test results from another State. 
Virginia stated that the rule is an unfunded mandate and FMCSA has not 
indicated it will provide funding to help States comply. Some States 
noted the potential loss of testing fees if applicants domiciled in 
their State elect to take the knowledge test in another State.
    The Agency carefully considered all comments. The NPRM was intended 
to promote further flexibility in the CDL issuance process without 
negatively impacting safety. All State commenters noted, however, that 
due to process complexities associated with the proposed change, SDLAs 
would need to implement significant changes to accommodate the receipt 
of out-of-State knowledge test results. Given States' security and 
operational concerns surrounding out-of-State knowledge testing, 
including remote delivery of the CLP credential, FMCSA concludes the 
proposed change is not advisable at this time. The Agency hereby 
withdraws the July 29, 2019, NPRM, based on the same legal authorities 
on which it issued the NPRM, set forth at 84 FR 36552, 36553. The 
Agency notes, however, that States may enter into voluntary agreements 
for out-of-State knowledge testing in accordance with the August 2017 
Guidance discussed above.

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04966 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-EX-P