[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36204-36206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12875]


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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 final disposition: Denial of reconsideration of 
request for exemption.

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SUMMARY: FMCSA announces its decision to deny the State of Minnesota's 
request for reconsideration of the Agency's 2017 denial of an 
application for exemption from the regulations governing the commercial 
driver's license (CDL) skills testing procedures and practices. 
Specifically, the Agency denies Minnesota's request to perform the CDL 
skills test in the order specified in the CDL regulations. The Agency 
denies Minnesota's requested relief from the requirement to use the 
American Association of Motor Vehicle Administrators' (AAMVA) 2005 Test 
Model Score Sheet and from the requirement that skills tests be 
conducted in three parts.

DATES: This decision is effective June 15, 2022.
    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.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-366-4225 or [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-2016-0180'' 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-2016-0180'' in the keyword box, click ``Search,'' and chose the 
document to view.
    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 to grant 
exemptions from certain portions of the 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.
    The Agency reviews the safety analyses and the 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 compliance with the current regulation (49 
CFR 381.305). The decision of the Agency must be published in the 
Federal Register (49

[[Page 36205]]

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. Current Regulatory Requirements

    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 CDLs to CMV 
operators, but the Federal government sets minimum requirements for the 
issuance of a CDL. Subpart H of part 383 sets forth the principal 
requirements governing State testing of applicants for a CDL.

IV. Background

    On August 1, 2016, FMCSA published Minnesota's application for 
exemption from certain testing requirements in 49 CFR part 383 and 
requested public comment (81 FR 50592). Under Sec.  383.133(c)(6) the 
CDL skills tests must be conducted in the following order: pre-trip 
inspection, vehicle control skills, and on-road skills. Minnesota asked 
that it be allowed to combine the second and third parts (vehicle 
control skills and on-road skills) and thus reduce the skills tests to 
two parts. The State also asked to be exempted from using the AAMVA 
2005 Test Model Score Sheet. Finally, the State asked 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 opposed the request for 
relief from using the AAMVA Score Sheet during testing. Most also 
opposed allowing the State to shorten the testing to two parts and 
allowing applicants for a Minnesota CDL 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 ensured by the existing 
regulations. 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 validated for use by all States in 
testing prospective CDL holders. 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 various elements of the skills 
tests. 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 of the skills 
tests (basic controls or on-road) 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.

V. Applicant's Request

    In 2018, Minnesota requested reconsideration of FMCSA's denial of 
the exemption application. The State asked to be allowed to use its own 
scoresheet to score applicant drivers during the skills tests. 
Minnesota also requested to be allowed to combine vehicle control 
skills and on-road skills segments and thus have only two parts to its 
skills tests. Minnesota believes that FMCSA's denial letter does not 
accurately describe how its scoring is applied. Finally, Minnesota 
asked to be exempted from the requirement that applicants pass the pre-
trip inspection portion of the exam before proceeding to the balance of 
the test. The State argued that the order in which the elements of the 
CDL skills tests are conducted does not result in unsafe conditions or 
the operation of a CMV at highway speeds. FMCSA's May 9, 2017, denial 
letter and the State's request for reconsideration are in the docket 
listed at the beginning of this notice.

VI. Equivalent Level of Safety

    To ensure an equivalent level of safety, Minnesota asserts that its 
score sheet evaluates the same driving skills and contains the same 
inspection elements as the AAMVA score sheet. Regarding administering 
the skills tests out of order, Minnesota explained that exam stations 
are in residential and downtown areas across the State where traffic 
speeds are low. 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 test.

VII. Public Comments

    On November 30, 2020, FMCSA published a notice seeking public 
comment on the request for reconsideration (85 FR 76657). The Agency 
received five comments. The Minnesota School Bus Operators Association 
supported the exemption request, writing:

If Minnesota Driver and Vehicle Services believes that the 
accommodations outlined in Doc FMSCA-2016-0180 will allow them to 
deliver CDL skills testing more efficiently and will allow for more 
CDL tests scheduled, we fully support those efforts. Additionally, 
in reviewing the request, we see no evidence that it would 
compromise the test or the safety of those applicant drivers. These 
requests appear to be minor in nature and will allow the testing 
sites more flexibility to conduct tests.

    The remaining four respondents opposed the exemption: The 
Brotherhood of Locomotive Engineers and Trainmen (BLET); Commercial 
Vehicle Training Association (CVTA); Interstate Truck Driving School of 
MN, LLC (ITDS); and Mr. Michael Millard. The BLET wrote:

Our concern with this exemption is the Minnesota equivalent to the 
road test for CDL applicants does not require drivers to be tested 
on crossing railroad tracks, therefore new CDL drivers are not 
required to display proper skills and awareness to safely cross 
railroad tracks with commercial vehicles. Many of the new drivers 
going through CDL training are immigrants from other countries and 
may not have experience crossing railroad tracks in this country.

    The CVTA said, ``Granting the exemption would be problematic as it 
would be a formal approval of Minnesota's practice, and permit 
activities out of uniformity and congruence with the national system of 
CDL testing. Minnesota has offered no data as required by 49 CFR 
381.310 to substantiate the claim that a two-part test is safer.''
    The ITDS stated:

The contradiction created by the Minnesota testing methods 
undermines the successfulness of proper training to comply with 
regulations. I respectfully request that the FMCSA deny the waiver 
request from the State of Minnesota. I suggest the state be required 
to implement the AAMVA testing model within 12 months to give the 
state adequate time to comply. This requirement would make it easier 
for the State of Minnesota to make any changes that might be 
required by proposed AAMVA modifications in 2022.

    Mr. Millard commented:

The trucking industry has had an increase in CMV crashes, and I 
suspect the largest

[[Page 36206]]

contributor is poorly trained drivers who are issued CDLs. I oppose 
Minnesota's request and struggle to understand why the state hasn't 
adopted the standardized testing to make it work. I believe it's 
haphazard to approve a plan without a written summary outlining the 
supposed better way. If Minnesota's way is better, then perhaps the 
FMCSR should be revised to follow suit. I see a slippery slope in 
non-standardized testing expanding by allowing Minnesota to deviate 
from standardized practices.

VIII. FMCSA Response to Comments and Decision

    FMCSA carefully reviewed Minnesota's petition for reconsideration 
and the public comments. The Agency has concluded that Minnesota 
provided no additional information that would affect FMCSA's 2017 
denial of the request for relief from use of the AAMVA testing model 
and no additional information to persuade the Agency to allow the State 
to conduct a two-part skills test. Therefore, the Agency denies the 
application for exemption from the CDL regulations and reaffirms its 
previous denial.
    FMCSA believes that conducting the elements of the CDL skills test 
in order (i.e., pre-trip, vehicle control skills test, on-road skills 
test) is the best practice for the safety and efficiency of the tester.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12875 Filed 6-14-22; 8:45 am]
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