Commercial Driver's License: Ohio Department of Public Safety; Application for Exemption
| Published date | 18 April 2019 |
| Citation | 84 FR 16330 |
| Record Number | 2019-07781 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration |
Federal Register, Volume 84 Issue 75 (Thursday, April 18, 2019)
[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16330-16331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07781]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0044]
Commercial Driver's License: Ohio Department of Public Safety;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from the
Ohio Department of Public Safety (DPS) for a limited exemption from the
Agency's commercial driver's license (CDL) regulations. The Ohio DPS
requests an exemption to modify the mandatory skills test requirements
for qualified veterans who served in the military. The Ohio DPS states
that its goal is to promote the opportunities for experienced
commercial motor vehicle (CMV) operators who have served in the
military by reducing the regulatory burden for obtaining a CDL. FMCSA
requests public comment on the Ohio DPS's application for exemption. In
addition, because the issue concerning the Ohio DPS request could be
applicable in each of the States, FMCSA requests public comment on
whether the exemption should cover all State driver licensing agencies
(SDLAs), if granted.
DATES: Comments must be received on or before May 20, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2019-0044 by any of the following
methods:
Federal Rulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Management Facility, 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: 1-202-493-2251.
Each submission must include the Agency name and the docket number
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 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. The on-line FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, 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 at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-2722. Email: [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 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-2019-0044), 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-2019-0044'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in 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 and may grant or not grant this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain 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 safety analyses and 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 the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
[[Page 16331]]
III. Request for Exemption
The Ohio Department of Public Safety (DPS) requests an exemption
from the requirement that an applicant in the skills test waiver
certify that he/she (1) is regularly employed or was so employed within
the last year in a military position requiring operation of a CMV, and
(2) operated a vehicle representative of the CMV that operates or
expects to operate for at least 2-years immediately preceding discharge
from the military 49 CFR 383.77(b)(1) and (3). In lieu of 49 CFR
383.77(b)(1) and (3), DPS is proposing that the applicant be required
to have held a military position that required operation of a CMV for
at least 2 years during the applicant's military career. Eliminating
the requirement of holding said position within a year from being
discharged and the requirement of operating a vehicle representative of
the CMV operating or expecting to operate at least the 2-years
immediately preceding discharge from military.
The State of Ohio currently grants a CDL applicant a waiver of the
skills test otherwise required by 49 CFR 383.113. The State of Ohio
skills test waiver process consists of a qualifying applicant
submitting the following documentation to the Bureau of Motor Vehicles:
(1) A violation-free driving record for the last two years; (2) proof
of military service within the last year in a position requiring CMV
operation; and (3) proof of experience operating a representative
vehicle which was exempt from the 49 CFR 383.3(c) requirements for at
least two years immediately preceding the application date or at least
two years preceding the discharge date if separated from the military
within the last year. In addition to the above listed documentation,
applicants must submit the applicable State waiver form. According to
the Ohio DPS, the State's skills test waiver form is similar to FMCSA's
Application for Military Skills Test Waiver form, currently found on
FMCSA's website.
The Ohio DPS contends that the goal of its request is to promote
the opportunities for experienced CMV operators who have served in the
military by reducing the regulatory burden of obtaining a CDL. By doing
so, it is the hope that an increase in the population of available CDL
holders will benefit the Ohio transportation industry, and create
better civilian employment opportunities for Ohio veterans and service
members.
In addition, because the issue concerning the Ohio DPS request
could be applicable in each of the States, FMCSA requests public
comment on whether the exemption should cover all SDLAs, if granted.
A copy of the Ohio DPS's application for exemption is available for
review in the docket for this notice.
Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07781 Filed 4-17-19; 8:45 am]
BILLING CODE 4910-EX-P
