Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 11505 

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

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–04285 Filed 2–28–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0172] 

Commercial Driver’s License Skills 

Testing: Application for Exemption; 

American Association of Motor Vehicle 

Administrators (AAMVA) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant the exemption request 

of the American Association of Motor 

Vehicle Administrators (AAMVA). 

AAMVA requested a multi-year 

exemption on behalf of the State Driver 

Licensing Agencies (SDLAs) in 

Maryland, New Hampshire, and 

Virginia to allow the three States to 

continue using revised Commercial 

Driver’s License (CDL) pre-trip vehicle 

inspection and revised control skills test 

procedures following the completion of 

field tests conducted under a waiver 

granted by the Federal Motor Carrier 

Safety Administration (FMCSA). 

AAMVA believes that the requested 

exemption would enable these States to 

continue operating under the pilot 

model without the burden of reverting 

to the current CDL test model generating 

costs and delays associated with the reconfiguration of testing locations and 

retraining of CDL test examiners. 

FMCSA has analyzed the exemption 

application and the public comments 

and has determined that the exemption, 

subject to the terms and conditions 

imposed, will achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption. 

DATES: The exemption is effective 

February 22, 2022, and expires on 

February 22, 2027. 

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: 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 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2021–0172’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2021–0172’’ 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 

online by visiting Dockets Operations in 

Room W12–140 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 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. 

FMCSA reviews safety analyses and 

public comments submitted to the 

Agency 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 Agency’s decision 

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 (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 

Current Regulatory Requirements 

The CDL requirements in 49 CFR part 

383, subpart G, Required Knowledge 

and Skills, specifically section 49 CFR 

383.133(c)(1) and (2), require the 

following: Test methods: (1) A State 

must develop, administer and score the 

skills tests based solely on the 

information and standards contained in 

the driver and examiner manuals 

referred to in § 383.131(a) and (b); and 

(2) a State must use the standardized 

scores and instructions for 

administering the tests contained in the 

examiner manual referred to in 

§ 383.131(b). 

Applicant’s Request 

On October 25, 2021, the American 

Association of Motor Vehicle 

Administrators (AAMVA) requested that 

FMCSA consider granting SDLAs in 

Maryland, New Hampshire, and 

Virginia (the pilot States) a multi-year 

exemption to allow these States to 

continue using revised CDL vehicle 

inspection and revised control skills 

procedures they had previously 

evaluated during field tests covered by 

a waiver from FMCSA. The requested 

exemption would permit these States to 

continue CDL testing without the 

burden of reverting back to the older 

CDL test model which would generate 

costs and delays associated with reconfiguration of testing locations and 

retraining of CDL test examiners. 

Previously, AAMVA requested a 90- 

day waiver from 49 CFR 383.133 to 

enable the pilot States to complete field 

tests of the new CDL skills test 

procedures. FMCSA determined that the 

waiver achieved an equivalent level of 

safety to the current regulations and 

therefore granted the request for the 

period of June 1, 2021, through 

September 1, 2021, for the first round of 

field tests; the Agency granted a 

separate waiver to cover additional field 

tests through December 1, 2021. FMCSA 

subsequently granted another waiver, 

effective through February 22, 2022, to 

avoid requiring the three States to revert 

to the current skills test procedures 

while the Agency considered the multiyear exemption. 

In its current request, AAMVA is 

seeking a multi-year exemption to allow 

Maryland, New Hampshire, and 

Virginia to continue using the revised 

CDL vehicle inspection and revised 

control skills procedures once the field 

test waiver period has concluded. 

According to AAMVA, this exemption 

would permit the pilot States to 

continue CDL testing without the 

burden of reverting back to the older 


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11506 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 

CDL test model which would generate 

costs and delays associated with reconfiguration of testing locations and 

retraining of CDL examiners. 

AAMVA notes that it would seem a 

sound action to allow the pilot States to 

continue operating under the pilot 

model, and this exemption period, if 

granted, would also allow continued use 

of the revised testing system while 

AAMVA and FMCSA analyze the field 

test results and determine if any 

additional adjustments warrant further 

review by the Agency and testing by 

these pilot States. If the Agency adopts 

the modernized test, this exemption will 

minimize the back-and-forth and 

confusion of rotating between CDL test 

models in the pilot States, and if the 

FMCSA does not accept the modernized 

test, the States would revert to the 

current system and will require up to 30 

days to transition and notify industry of 

the return to the current CDL test model. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

In granting AAMVA’s original waiver 

request from 49 CFR 383.133, FMCSA 

determined that a waiver of the 

traditional pre-trip inspection and basic 

vehicle control skills testing 

requirements would not have an adverse 

impact on safety because the revised 

skills test would provide a comparable 

level of rigor as the current tests to 

ensure that participating CDL applicants 

demonstrate a level of knowledge and 

skills required to operate CMVs safely. 

The tests would be administered in a 

controlled setting, located within the 

pilot States’ skills testing facilities. All 

other safety requirements, such as 

requiring the applicant to pass the 

traditional on-road test segment of the 

skills test, would continue to apply. In 

addition, the pilot States would be 

allowed to administer the revised 

examinations only to applicants who are 

domiciled in their respective States. The 

pilot States would continue to be 

prohibited from issuing CDLs to field 

test applicants unless the applicant 

passes all the required segments of the 

skills test. Collectively, these measures 

help ensure the requisite level of safety 

is achieved. 

V. Public Comments 

On December 9, 2021, published 

notice of this application and requested 

public comment [86 FR 70161]. The 

Agency received two comments 

supporting the AAMVA request; no 

comments were filed in opposition. The 

Commercial Vehicle Training 

Association (CVTA) stated that the 

exemption would provide a stable fieldtesting environment while the 

modernized framework is developed, 

analyzed, and adjusted as needed. 

CVTA added that as noted in the 90-day 

waiver determination previously issued 

by the FMCSA on August 31, the 

revised CDL vehicle inspection and 

revised control skills testing protocol, 

combined with the conditions set forth 

in the Agency’s waiver determination 

achieve a level of safety equivalent to 

testing under existing protocols. CVTA 

added that it would be prudent to allow 

the pilot states to continue operating 

under the pilot model, as the exemption 

period would also allow for continued 

use of the revised testing system while 

AAMVA and FMCSA analyze the field 

test results and determine if any 

additional adjustments warrant further 

review by the Agency and testing by 

these pilot states. 

The Virginia Department of Motor 

Vehicles (VA DMV) echoed support: 

The VA DMV currently has four test sites 

participating in the modified CDL testing 

program. The preliminary data is positive, 

and VA DMV hopes to have the opportunity 

to continue to collect all relevant data for use 

by FMCSA in making future determinations 

regarding CDL testing. Pursuant to VA DMV’s 

participation in the pilot program, valuable 

information has been gathered on these 

modernized CDL testing procedures. To date, 

these field-testing operations have gone 

smoothly, and VA DMV continues to receive 

positive feedback from our participation. 

Accordingly, VA DMV believes that further 

implementation of the modernized CDL 

testing procedures should be considered as 

part of this pilot program and beyond. 

VI. FMCSA Safety Analysis and 

Decision 

FMCSA has evaluated the AAMVA 

application and the public comments 

and decided to grant the exemption. The 

Agency had originally provided 

AAMVA waivers to support two phases 

of data collection through December 1, 

2021. As discussed above, an additional 

waiver was provided to avoid requiring 

the pilot States to revert to the current 

test procedure while the Agency 

considered AAMVA’s exemption 

application. This waiver provided 

regulatory relief through February 22, 

2022. In reviewing AAMVA’s waiver 

request, FMCSA evaluated 49 CFR 

383.133 and determined that a waiver of 

the traditional pre-trip vehicle 

inspection and basic vehicle control 

skills testing requirements would not 

have an adverse impact on safety 

because applicants will continue to be 

required to pass the revised version of 

the pre-trip inspection and basic vehicle 

control skills test segments which 

provide a comparable level of rigor 

compared to the traditional test. The 

revised testing procedures would be 

administered in a controlled setting and 

located within the same skills testing 

facility used for the traditional test. 

Those considerations are applicable to 

AAMVA’s request for exemption. 

FMCSA concurs with the comments 

filed in support of the AAMVA request 

from CVTA and the VA DMV. For these 

reasons, the Agency grants AAMVA’s 

exemption from 49 CFR 383.133, subject 

to the terms and conditions in this 

Federal Register notice. 

Exemption 

1. Period of the Exemption 

This exemption from the 

requirements of 49 CFR 383.133(c)(1)(2) 

is granted for the period from 12:01 

a.m., February 22, 2022, through 11:59 

p.m., February 22, 2027. 

2. Scope of Exemption 

This exemption is granted to 

Maryland, New Hampshire, and 

Virginia and is limited to the provisions 

of 49 CFR 383.133(c)(1) and (2). 

3. Terms and Conditions 

a. States operating under this 

exemption must comply with all other 

applicable provisions of the FMCSRs. 

b. The revised testing procedures 

must be administered in a controlled 

setting and located within the same 

skills testing facility used for the 

traditional test. 

4. Preemption 

In accordance with 49 U.S.C. 

31315(d), during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a firm or 

person operating under the exemption. 

5. Notification to FMCSA 

States using this exemption must 

notify FMCSA within 5 business days of 

any accident (as defined in 49 CFR 

390.5), involving any CMV drivers 

issued CDLs who are operating under 

the terms of this exemption. 

Notifications filed under this provision 

shall be emailed to MCPSD@DOT.GOV. 

The notification must include the 

following information: 

a. Name of Exemption: ‘‘AAMVA 

SDLA Pilot’’ 

b. Date of the accident, 

c. City or town, and State, in which 

the accident occurred, or closest to the 

accident scene, 

d. Name of the CDL examiner; 

e. CLP holder’s name and CLP 

number and State of issuance 

f. Vehicle number and State license 

plate number, 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Notices 11507 

g. Number of individuals suffering 

physical injury, 

h. Number of fatalities, 

i. The police-reported cause of the 

accident, 

j. Whether the driver was cited for 

violation of any traffic laws or motor 

carrier safety regulations, and 

k. The driver’s total driving time and 

total on-duty time prior to the accident. 

6. Termination 

FMCSA expects the States of 

Maryland, New Hampshire and Virginia 

will continue to maintain their safety 

record while operating under this 

exemption. However, should safety be 

compromised, FMCSA will take all 

steps necessary to protect the public 

interest, including revocation or 

restriction of the exemption. The 

FMCSA will immediately revoke or 

restrict the exemption for failure to 

comply with its terms and conditions. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–04255 Filed 2–28–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2022–0007] 

Agency Information Collection Activity 

Under OMB Review 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

Federal Transit Administration (FTA) to 

request the Office of Management and 

Budget (OMB) to approve the extension 

of a currently approved information 

collection: Public Transportation Safety 

Certification Training Program 

(PTSCTP). 

DATES: Comments must be submitted 

before May 2, 2022. 

ADDRESSES: To ensure that your 

comments are not entered more than 

once into the docket, submit comments 

identified by the docket number by only 

one of the following methods: 

1. Website: www.regulations.gov. 

Follow the instructions for submitting 

comments on the U.S. Government 

electronic docket site. (Note: The U.S. 

Department of Transportation’s (DOT’s) 

electronic docket is no longer accepting 

electronic comments.) All electronic 

submissions must be made to the U.S. 

Government electronic docket site at 

www.regulations.gov. Commenters 

should follow the directions below for 

mailed and hand-delivered comments. 

2. Fax: 202–366–7951. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

between 9:00 a.m. and 5:00 p.m., 

Monday through Friday, except federal 

holidays. 

Instructions: You must include the 

agency name and docket number for this 

notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA has received 

your comments, include a selfaddressed stamped postcard. Note that 

all comments received, including any 

personal information, will be posted 

and will be available to internet users, 

without change, to www.regulations.gov. 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published April 11, 2000, (65 

FR 19477), or you may visit 

www.regulations.gov. Docket: For access 

to the docket to read background 

documents and comments received, go 

to www.regulations.gov at any time. 

Background documents and comments 

received may also be viewed at the U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Docket 

Operations, M–30, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Emily Jessup, Office of Chief Counsel, 

(202) 366–8907 or email: Emily.Jessup@

dot.gov. 

SUPPLEMENTARY INFORMATION: Interested 

parties are invited to send comments 

regarding any aspect of this information 

collection, including: (1) The necessity 

and utility of the information collection 

for the proper performance of the 

functions of the FTA; (2) the accuracy 

of the estimated burden; (3) ways to 

enhance the quality, utility, and clarity 

of the collected information; and (4) 

ways to minimize the collection burden 

without reducing the quality of the 

collected information. Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval of this 

information collection. 

Title: Public Transportation Safety 

Certification Training Program 

(PTSCTP) (OMB Number: 2132–0578) 

Background: FTA’s Public 

Transportation Safety Certification 

Training Program (PTSCTP) is 

authorized pursuant to 49 U.S.C. 

5329(c)(1), which requires the Secretary 

of Transportation to establish a public 

transportation safety certification 

training program for Federal and State 

employees, or other designated 

personnel, who conduct safety audits 

and examinations of public 

transportation systems, and employees 

of public transportation agencies 

directly responsible for safety oversight. 

The program implements a uniform 

safety certification training curriculum 

and requirements to enhance the 

technical proficiency of individuals 

who conduct safety audits and 

examinations of public transportation 

systems operated by public 

transportation agencies and those who 

are directly responsible for safety 

oversight of public transportation 

agencies. To comply with 49 U.S.C. 

5329(c)(1), these designated personnel 

are required to register for the PTSCTP 

and request an Individual Training Plan 

(ITP). The PTSCTP has three different 

ITP tracks. The different ITP tracks: (1) 

State Safety Oversight (SSO)—State 

Safety Oversight Agency (SSOA) 

personnel and contractors who conduct 

safety audits and examinations of rail 

transit systems; (2) Rail Transit Agency 

(RTA)—Rail transit agency personnel 

and contractors who are directly 

responsible for safety oversight; and (3) 

Bus—Bus transit agency personnel and 

contractors who are directly responsible 

for safety oversight. FTA then issues an 

ITP which specifies a curriculum the 

registrant must complete. PTSCTP 

participants enroll in courses specific to 

their curriculum. The information 

collected as part of this program is to 

ensure that SSOA and RTA recipients 

are complying with the prescribed 

training requirements by ensuring their 

designated personnel are receiving 

training that assists with enhancing 

technical and professional proficiency 

in performing safety oversight functions. 

FTA will use the information collected 

to monitor implementation and 

effectiveness of the PTSCTP. Certain 

information collected may be 

disseminated to recipients or FTA 

program managers to encourage and 

ensure participation by designated 

personnel is achieved within the 

prescribed 3-year certification period 

and maintained through refresher 

training. Recipients are required to selfcertify compliance with 49 CFR part 672 


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