[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Notices]
[Pages 29928-29930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12550]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0147]
Qualification of Drivers: Skill Performance Evaluation Program;
Virginia Department of Motor Vehicles Application for Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew an
exemption for truck and bus drivers who are licensed in the
Commonwealth of Virginia and need a Skill Performance Evaluation (SPE)
Certificate to operate commercial motor vehicles (CMV) in interstate
commerce. The exemption enables interstate CMV drivers who are licensed
in Virginia and are subject to the Federal SPE certificate requirements
to continue to fulfill the Federal requirements with a State-issued SPE
certificate that qualifies such drivers to operate CMVs in interstate
commerce. The provisional exemption renewal is limited to six months.
After a review of the public comments to this notice, FMCSA will issue
a decision on whether the exemption should be renewed through July
3030.
DATES: The provisional renewal of the exemption is effective from July
8, 2025, through July 8, 2030. Comments must be received on or before
August 6, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2013-0147 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,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2013-0147). 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. 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'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: Ms. Evangela Hollowell, Medical
Programs Division, (202) 366-2551, [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2013-0147), 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, insert
the docket number (FMCSA-2013-0147) in keyword box, and click on this
notice, click ``Comment,'' and type your comment into the text box on
the following screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. 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.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov, insert FMCSA-2013-0147 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket online by visiting
Docket Operations on the ground floor of the DOT West Building, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, 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 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
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information relevant to the application, including the applicant's
safety analyses. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews the application, safety analyses and the public
comments and determines whether granting the exemption would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved absent such exemption, pursuant to the standard
set forth in 49 U.S.C 31315(b)(1). The Agency must publish the 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 and the effective period and will explain 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
CMV drivers who are otherwise qualified to drive a CMV but are not
physically qualified to drive under 49 CFR 391.49(b)(1) or (2) because
of a loss or impairment of limbs may drive a CMV if FMCSA has granted
an SPE certificate to that person under 49 CFR 391.49.
Application for Renewal of Exemption
In 2014, FMCSA initially granted the VA DMV's request for exemption
to enable Virginia-licensed drivers subject to the Federal SPE
certificate requirements under 49 CFR 391.49 to fulfill the Federal
requirements with a State-issued SPE certificate (79 FR 38659, July 8,
2014). The exemption required the State-issued SPE certificate to be
based on standards, processes, and procedures comparable to those used
by FMCSA, and the State was required to maintain copies of all
evaluation forms and certificates issued to allow FMCSA to conduct
periodic reviews of the State's program. Virginia-licensed drivers who
receive the State-issued SPE certificate are allowed to operate CMVs in
interstate commerce. The exemption contained specific terms and
conditions to ensure that the VA DMV maintained an equivalent level of
safety to the Federal SPE process.
FMCSA renewed the exemption on the same terms and conditions for a
2-year period from July 9, 2016, to July 9, 2018 (81 FR 44674, July 8,
2016). FMCSA renewed the exemption again for a 5-year period, from July
8, 2018, to July 8, 2023 (84 FR 3532, Feb. 12, 2019). FMCSA most
recently renewed the exemption for a 2-year period, from July 8, 2023,
through July 7, 2025 (88 FR 43065, July 6, 2023).
In its 2023 renewal request on behalf of the exempted drivers, the
VA DMV noted that the exemption allows trained staff from the
Commonwealth of Virginia to review applications and conduct SPEs for
Virginia commercial driver's license (CDL) holders and the Virginia DMV
Commissioner to approve SPE certificates. It noted that the application
package mirrored the package otherwise required by FMCSA for SPE
applications. The VA DMV uses an identical process and identical
standards to process SPE applications. It further noted that,
``Virginia DMV staff assigned to review SPE application packages are
medical professionals (licensed practical nurses and Registered
Nurses).'' In addition, it stated that the Medical Review staff receive
FMCSA training on how to conduct a thorough review of the SPE
application information and that new staff are required to go through
an extensive orientation. It noted that the nurse evaluators and the
overseeing Healthcare Compliance Officer (Registered Nurse) have all
participated in training conducted by FMCSA or will have recently
attended the training provided by FMCSA.
Additionally, Medical Review staff forward those drivers who have
met the Federal criteria for an SPE certificate to the Driver Licensing
Quality Assurance (DLQA) staff to conduct the SPEs. The DLQA examiners
hold Class A CDLs and have completed the FMCSA training required to
conduct evaluations.
The VA DMV noted that DLQA examiners are positioned across VA DMV's
eight districts and each district has a CDL test site that can be used
for the non-driving and off-highway portion of the SPE, and each
district has a planned test route for the on-highway portion of the
SPE. It stated this minimizes the wait times for SPE applicants.
Finally, the VA DMV noted that it has participated in audit
reviews, record reviews, and submits regular reports to FMCSA as part
of ongoing quality assurance process.
The VA DMV noted that its program has contributed to Virginia's
commitment to being the most military and veteran-friendly state in the
nation through the Troops to Trucks Program (www.dmvnow.com/troopstotrucks). And it stated that expediting the SPE process assists
wounded veterans and military personnel with transition to civilian
employment and reduces the time between discharge and employment for
many wounded veterans ``while addressing the trucking industry's
shortage of qualified licensed commercial truck drivers.''
IV. Equivalent Level Safety
Virginia's SPE program is essentially identical to the current
FMCSA SPE program and is subject to oversight by FMCSA to ensure that
VA's processes are equivalent to FMCSA's SPE processes. Virginia
continues to adhere to the application process modeled on the FMCSA
process. State personnel who conduct the SPE complete the same training
as FMCSA personnel conducting SPEs and follow the same procedures and
testing criteria used by FMCSA. FMCSA has conducted monitoring and SPE
program reviews and Virginia continues to maintain records of
applications, testing, and certificates issued for periodic review by
FMCSA. Based on FMCSA's analyses of the applications and the program,
FMCSA has determined that continuing the exemption for the class of
exempted drivers and continuing to allow the VA DMV to issue SPE
certificates for Virginia residents will provide an equivalent level of
safety as provided by FMCSA issuing the SPE certificates.
FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption. There is no indication of an
adverse impact on safety under the terms and conditions specified in
the initial exemption or exemption renewals. FMCSA concludes that
provisionally extending the exemption for a period of six months, under
the terms and conditions listed below, will likely achieve a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
V. Grant of Provisional Renewal of Exemption
FMCSA provisionally renews the exemption for interstate Virginia-
licensed drivers to be relieved of the requirement for an SPE
certificate issued by FMCSA under 49 CFR 391.49 for a period of 6
months subject to the terms and conditions of this decision and the
absence of public comments that would cause the Agency to terminate the
exemption under Section D below.
A. Applicability of Exemption
Under this exemption, the VA DMV is permitted to issue an SPE
certificate for interstate drivers who have experienced an impairment
or loss of a limb and are licensed in the Commonwealth of
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Virginia is subject to the following terms and conditions:
B. Terms and Conditions
1. VA DMV's SPE program must be substantially similar to the
current requirements in 49 CFR 391.49.
2. VA DMV must maintain an application process modeled on the FMCSA
process and submit information concerning the application process to
FMCSA's Medical Programs Division for review, as requested.
3. State personnel who conduct SPEs must complete SPE training
identical to that of FMCSA personnel currently administering the
Federal SPE program.
4. The SPE and scoring for the SPE must be done using the same
procedures and testing criteria used by FMCSA.
5. VA DMV must maintain records of applications, testing, and
certificates issued for periodic review by FMCSA.
6. VA DMV must submit a monthly report to FMCSA listing the names
and license number of each driver tested by the State and the result of
the SPE (pass or fail).
7. As requested, the VA DMV must provide records required to be
retained under this exemption and provide any other information
necessary for FMCSA to evaluate the VA DMV's compliance with the terms
and conditions of this exemption.
8. Each driver who receives a State-issued SPE certificate must
carry a copy of the certificate when driving for presentation to
authorized Federal, State, or local law enforcement officials.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption. An exemption granted
under the authority of 49 U.S.C. 31315(b) preempts State laws and
regulations that conflict with or are inconsistent with the exemption.
The decision to grant the exemption amounts to automatic Federal
ratification of the State-issued SPE Certificate and therefore
prohibits other jurisdictions from requiring a separate FMCSA-issued
SPE. The State-issued certificate must be treated as if it had been
issued by FMCSA. Virginia-licensed drivers who receive the State-issued
SPE certificate are allowed to operate CMVs in interstate commerce.
D. Termination
If the Agency determines that safety is being compromised or if
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take
immediate steps to revoke the exemption. The exemption will also be
revoked if the exemption has resulted in a lower level of safety than
was maintained before it was granted; or continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136, 49 U.S.C. chapter 313, or the Federal Motor Carrier Safety
Regulations.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the application for an exemption
renewal. All comments received before the close of business on the
comment closing date 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.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-12550 Filed 7-3-25; 8:45 am]
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