[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Notices]
[Pages 27829-27831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08335]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0236]


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

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

ACTION: Notice of final disposition; denial of application for 
exemption.

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SUMMARY: FMCSA announces its denial of an application for exemption, 
filed by the Florida Department of Highway Safety and Motor Vehicles 
(FLHSMV), 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 applied 
for 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 skills test and allow the applicant to 
come back at a later date to retake the failed segment(s) only. After 
reviewing the application and the comments submitted to the docket, the 
Agency has determined the record does not show that granting the 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent the exemption.

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

SUPPLEMENTARY INFORMATION:

[[Page 27830]]

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert 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, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2023-0236'' 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 
by visiting Dockets Operations 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 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. Background

Current Regulatory Requirements

    Under 49 CFR 383.133(c)(6) of the FMCSRs, States must administer a 
three-part CDL skills test to applicants for CDLs in the following 
order: (1) pre-trip inspection, (2) basic vehicle control skills, and 
(3) on-road skills.

Applicant's Request

    The FLHSMV requested an exemption from the requirement in 49 CFR 
383.133(c)(6). The state of 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 requested an exemption 
to allow the tester, at their discretion, to continue testing an 
applicant who fails the pre-trip inspection (step 1) or basic vehicle 
controls (step 2) segments of the test and allow the applicant to come 
back at a later date to retake only the failed segment(s). The 
applicant stated 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 stated 
that, if granted, the exemption would allow compliance staff to better 
utilize their time and resources in completing the required monitoring 
of third-party testers.

Applicant's Method To Ensure an Equivalent or Greater Level of Safety

    The FLHSMV believes that an equivalent or greater level of safety 
will be maintained because the decision to continue with the test would 
reside with the certified experienced testers. The FLHSMV also noted 
that, 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 (CMVs), having 
completed behind-the-wheel training that prepares them to safely 
operate a CMV during the on-road portion of the CDL skills test.

IV. Public Comments

    On December 5, 2023, FMCSA published FLHSMV's application and 
requested public comment [88 FR 84387]. The Agency received 30 
comments; 19 in opposition, 8 in support, and 3 others expressed no 
position either for or against the exemption request. Of the 19 
commentors opposed to granting the exemption, 17 were individuals and 
two were trucking companies. Tim Kordula provided the following comment 
that captured the concerns raised in most of the opposing comments: 
``The American Association of Motor Vehicle Administrators or (AAMVA), 
along with the FMCSA has done [its] research into the methodology 
behind why the tests are performed the way they are. An applicant 
failing the pre-trip and then being allowed to continue is not only 
unsafe but irresponsible. The FMCSA rules set forth . . . a pre-trip 
must be done and the driver must be sure the vehicle is in good 
operating order PRIOR (sic) to moving the vehicle. Allowing the test to 
continue goes against that rule as well as what the CDL schools are 
trying to teach.''
    Of the eight commenters filing in support, three were from industry 
trade associations: the Commercial Vehicle Training Association (CVTA), 
the National Tank Truck Council (NTTC), and the American Bus 
Association (ABA). CVTA commented that the additional flexibility that 
the exemption would give Florida's CDL testing program would help 
address skills testing delays. According to CVTA, citing a study of 
cumulative data from 33 states, ``These delays put jobs on hold for 
258,744 drivers and resulted in over $1 billion in lost wages for these 
drivers.'' CVTA's comment was referring to an independent economic 
analysis commissioned by CVTA and published in 2019. CVTA further 
stated ``As a result, federal and state governments missed out on an 
estimated loss of $234 million in forgone income taxes and $108 million 
in forgone state and local sales taxes that could have been generated 
in the absence of skills testing delays.'' CVTA added that skills 
testing delays can cause a new driver's skills to deteriorate.
    The NTTC agreed with CVTA, noting that if the petition is approved, 
skills testers in Florida will be able to devote less time to areas in 
which drivers have already shown they are competent, increasing the 
efficiency of the CDL credentialing process. According to NTTC, ``Given 
the well documented commercial driver shortage, it is imperative that 
we reduce barriers to individuals attaining the proper credentials for 
operating commercial vehicles.''
    ABA commented in support of granting the exemption, stating ``in 
providing additional flexibility to the testing protocol, testing 
delays will be mitigated as students will only need to take portions of 
the test they did not pass, freeing up vital resources for the 
administration of additional evaluations.'' ABA continued its comment 
with ``This will also

[[Page 27831]]

incentivize students to retest, instead of giving up because they could 
not complete the testing protocol in a precise order. We believe this 
could be a valuable step in reducing the driver shortage and welcoming 
new qualified drivers into the commercial driving industry.''

V. FMCSA Safety Analysis and Decision

    FMCSA reviewed the FLHSMV application and the public comments and 
denies the exemption request. The Agency believes that conducting the 
elements of the CDL skills test in the required order (i.e., pre-trip 
inspection, vehicle control skills test, on-road skills test) is the 
best practice for the safety of the CDL applicant, the examiner, and 
any motorists who must share the public roadway with the CDL applicant 
during the on-road portion of the CDL skills test. The current 
regulations provide flexibility for retesting, depending on when the 
failure in the three-part CDL skills test happens. If the CDL applicant 
fails step 1, the pre-trip inspection, the test ends, and the candidate 
must come back to take the entire test. If the candidate passes step 1, 
the pre-trip inspection, but fails step 2, the basic vehicle control 
portion, the test ends, and the candidate must come back to repeat step 
2, the basic vehicle control, and take step 3, the on-the-road portion. 
Finally, if the candidate passes steps 1 and 2, but fails step 3, the 
on-the-road portion, the candidate must return to repeat step 3.
    The sequence of the skills test ensures that an applicant has 
demonstrated sufficient knowledge and skills to safely attempt the next 
step in the testing process. The current regulations also provide 
flexibility, in that generally, applicants are not required to retake 
portions of the test which have been successfully completed. Moreover, 
with the implementation of the Federal Entry-Level Driver Training 
(ELDT) requirements, the Agency believes SDLAs should see a reduction 
in the percentage of applicants who fail portions of the CDL skills 
test.
    For the above reasons, FLHSMV's exemption application is denied.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-08335 Filed 4-17-24; 8:45 am]
BILLING CODE 4910-EX-P