[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84387-84389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26689]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0236]


Commercial Driver's License: Florida Department of Highway Safety 
and Motor Vehicles; Application for Exemption

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

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

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SUMMARY: FMCSA announces that the Florida Department of Highway Safety 
and Motor Vehicles (FLHSMV) has applied for an exemption from the 
commercial driver's license (CDL) skills testing regulation requiring 
the three-part CDL skills test to be administered and successfully 
completed in the following order: pre-trip inspection, basic vehicle 
control skills, and on-road skills. The FLHSMV is seeking an exemption 
to allow the tester, at their discretion, to continue testing an 
applicant who fails the pre-trip inspection or basic vehicle controls 
segments of the CDL test and allow the applicant to come back at a 
later date to retake the failed segment(s) only. FMCSA requests public 
comment on the applicant's request for exemption.

DATES: Comments must be received on or before January 4, 2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0236 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: Dockets Operations, 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: (202) 493-2251.

[[Page 84388]]

    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0236) 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 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 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, 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 under the ``Department 
Wide System of Records Notices'' link at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the 
name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-2722; [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Operations 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-2023-0236), 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-2023-0236'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on 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.

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at [email protected]. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from 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 maintain a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant's Request

    The FLHSMV seeks an exemption from the requirement in 49 CFR 
383.133(c)(6) which requires the three-part CDL test be administered 
and successfully completed in the following order: pre-trip inspection, 
basic vehicle control skills, and on-road skills. Florida operates as a 
third-party testing state, where nearly all CDL skills tests are 
conducted by third-party testers. If an applicant fails one segment of 
the test, they cannot attempt the next segment(s) and must return on a 
different day to retake all three parts of the test. The FLHSMV is 
seeking an exemption to allow the tester, at their discretion, to 
continue testing an applicant who fails the pre-trip inspection or 
basic vehicle controls segments of the test and allow the applicant to 
come back at a later date to retake only the failed segment(s). The 
applicant cites that the most failed segment of the test is the pre-
trip inspection, and if the exemption is granted, the tester could 
continue to test basic vehicle control skills and on-road skills in 
this instance. If the CDL applicant passed these other portions of the 
test, they could return at a later date and retake just the pre-trip 
inspection portion of the test. The exemption applicant further states 
that, if granted, the exemption would allow their compliance staff to 
better utilize their time and resources in completing the required 
monitoring of third-party testers. FLHSMV believes the exemption would 
not compromise safety, because the decision to continue with the test 
would reside with certified, experienced testers. The FLHSMV also notes 
that,

[[Page 84389]]

with the implementation of the Federal Entry-Level Driver Training 
regulations, most applicants being tested have been certified as 
proficient in operating commercial motor vehicles, having completed 
behind-the-wheel training that prepares them to safely operate a 
commercial motor vehicle during the on-road portion of the CDL skills 
test.
    A copy of the FLHSMV's application for exemption is available for 
review in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on FLHSMV's application for an 
exemption from the requirement in 49 CFR 383.133(c)(6) that the CDL 
skills test must be administered and successfully completed in the 
following order: pre-trip inspection, basic vehicle control skills, and 
on-road skills. 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. 2023-26689 Filed 12-4-23; 8:45 am]
BILLING CODE 4910-EX-P