Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 76657 

Federal, State, or local enforcement 

official. The exemption will be 

rescinded if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315(b). 

VI. Preemption 

During the period the 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. 

VII. Conclusion 

Based on its evaluation of the 11 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), each exemption will be 

valid for 2 years unless revoked earlier 

by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2020–26354 Filed 11–27–20; 8:45 am] 

BILLING CODE 4910–EX–P 

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 application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that the 

State of Minnesota seeks 

reconsideration of its application for 

exemption from regulations governing 

commercial driver’s license (CDL) skills 

testing procedures and practices that 

was denied on May 9, 2017. Minnesota 

believes it can deliver its CDL skills 

testing more efficiently in an alternative 

manner. It asserts that its method of 

delivering skills testing will maintain 

the testing standards enumerated by the 

regulations. FMCSA requests public 

comment on Minnesota’s application for 

reconsideration. 

DATES: Comments must be received on 

or before December 30, 2020. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2016–0180 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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: Dockets 

Operations, West Building Ground 

Floor, Room W12–140, 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. 

• 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. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

The on-line Federal document 

management system is available 24 

hours each day, 365 days each year. If 

you want acknowledgment that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. 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–2016–0180), 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 comments online, go 

to www.regulations.gov and put the 

docket number, ‘‘FMCSA–2016–0180’’ 

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 81⁄2 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 the Federal Motor Carrier Safety 

Regulations (FMCSRs) (49 CFR part 350 

et seq.). 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. 


TKELLEY on DSKBCP9HB2PROD with NOTICES
76658 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices 

The Agency reviews the 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 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 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. Background 

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 

drivers’ licenses to CMV operators, but 

the Federal government sets minimum 

requirements for the issuance of a 

commercial driver’s license (CDL). 

Subpart H of part 383 of the FMCSRs 

sets forth the principal requirements 

governing State testing of applicants for 

a CDL. 

On August 1, 2016, FMCSA published 

a notice in the Federal Register 

requesting public comment on 

Minnesota’s application for exemption 

from certain testing requirements in 

§ 383.133 (81 FR 50592). Under 

§ 383.133(c)(6) the CDL skills test must 

be conducted in three parts in the 

following order: pre-trip inspection, 

vehicle control skills, and on-road 

driving. Minnesota asked that it be 

allowed to combine the second and 

third parts (vehicle control skills and 

on-road driving) and thus reduce the 

skills tests to two parts. It also requested 

to be exempted from using the 

American Association of Motor Vehicle 

Administrators (AAMVA) 2005 Test 

Model Score Sheet. Finally, it requested 

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 commenters voiced opposition to 

Minnesota’s request for relief from using 

the AAMVA Score Sheet during testing. 

Most commenters opposed allowing 

Minnesota to shorten the testing to two 

parts and to allow applicants 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. 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 tested and 

validated for use by all States in testing 

prospective CMV drivers. 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 

skills test. 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 (basic controls or on-the road) 

of the skills test 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. 

Request for Reconsideration of Agency 

Decision 

Minnesota requests that FMCSA 

reconsider its denial of the exemption 

described. The State asks to be exempt 

from using the AAMVA 2005 Test 

Model Score Sheet and asserts that 

FMCSA’s position is moot because 

Minnesota’s score sheet evaluates the 

same driving skills and contains the 

same inspection elements as the 

AAMVA scoresheet. Details are 

provided in the State’s request for 

reconsideration. 

Minnesota asks that it be allowed to 

combine vehicle control skills and onroad driving and thus have two parts to 

its skills test. Minnesota argues that 

FMCSA’s finding in the denial letter 

does not accurately describe how its 

scoring is applied. 

Finally, Minnesota asks 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. 

Minnesota contends that the order in 

which the elements of the CDL test are 

conducted does not result in unsafe 

conditions or the operation of a CMV at 

highway speeds. Minnesota explained 

that exam stations are located in low 

traffic speed residential and downtown 

areas across the State. 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. 

A copy of FMCSA’s May 9, 2017, 

letter denying Minnesota’s original 

application and of the State’s request for 

reconsideration is in the docket listed at 

the beginning of this notice. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(6), FMCSA requests public 

comment from all interested persons on 

Minnesota’s request for reconsideration 

of its application for an exemption. 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. 2020–26353 Filed 11–27–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

FEDERAL RESERVE SYSTEM 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury; Board of 

Governors of the Federal Reserve 

System (Board); and Federal Deposit 

Insurance Corporation (FDIC). 

ACTION: Joint notice and request for 

comment. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995 (PRA), the OCC, 

the Board, and the FDIC (the agencies) 

may not conduct or sponsor, and the 

respondent is not required to respond 


TKELLEY on DSKBCP9HB2PROD with NOTICES