36204 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 

regulation’s requirement for two years of 

driving experience with a Class A CDL 

in August 2022. 

WACTC states that it conducts 

monthly classes in which students 

achieve 160 hours of practical training, 

with four students per class. The ratio 

of instructor to students (1 to 4) 

‘‘provides a more individualized 

training approach as well as the ability 

to address individual student needs 

and/or concerns as they may arise.’’ 

According to WACTC, the impact of this 

exemption being denied would be 

devastating not only to its CDL program, 

but to the Adult Education Department 

as a whole. WACTC asserts that its CDL 

program is the most popular and 

successful program offered and helps 

stabilize other struggling programs 

through a steady stream of revenue. 

A copy of the WACTC application for 

exemption is included in the docket for 

this notice. 

IV. Equivalent Level of Safety 

WACTC believes that Mr. Ley makes 

up for his failure to have two years of 

required driving experience with his 

experience with the FMCSA regulations 

and his current and previous 

qualifications. Prior to FMCSA’s 

implementation of the ELDT 

regulations, Mr. Ley successfully trained 

four WACTC classes and achieved a 

100% student completion rate. As an 

employee of the Commonwealth of 

Pennsylvania DOT (PennDOT), Mr. Ley 

audited and verified third-party testing 

sites, routes, and CDL examiners to 

assure compliance with PennDOT 

regulations. He also assisted in the 

training and bi-annual reviews of 

experienced and new CDL examiners 

and has extensive knowledge operating 

Class B vehicles with school bus and 

passenger endorsements. In addition, 

Mr. Ley has obtained a School Bus 

Instructor Certification, Certified 

Inspection Mechanic (class 7), 

certification as a licensed private Class 

C instructor, and has had a Class A CDL 

for a year and a half without 

restrictions. Furthermore, WACTC 

indicates that the exemption, if granted, 

would only be necessary until August 

2022, when Mr. Ley will have had his 

Class A CDL for the required two years. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

WACTC’s application for an exemption 

from the requirement in 49 CFR 380.713 

to use instructors who meet the 

definitions of ‘‘Theory instructor’’ and 

‘‘Behind-the-wheel (BTW) instructor’’ in 

49 CFR 380.605. 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. 2022–12873 Filed 6–14–22; 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 final disposition: 

Denial of reconsideration of request for 

exemption. 

SUMMARY: FMCSA announces its 

decision to deny the State of 

Minnesota’s request for reconsideration 

of the Agency’s 2017 denial of an 

application for exemption from the 

regulations governing the commercial 

driver’s license (CDL) skills testing 

procedures and practices. Specifically, 

the Agency denies Minnesota’s request 

to perform the CDL skills test in the 

order specified in the CDL regulations. 

The Agency denies Minnesota’s 

requested relief from the requirement to 

use the American Association of Motor 

Vehicle Administrators’ (AAMVA) 2005 

Test Model Score Sheet and from the 

requirement that skills tests be 

conducted in three parts. 

DATES: This decision is effective June 

15, 2022. 

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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; 202–366–4225 or 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–2016–0180’’ 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–2016–0180’’ in 

the keyword box, click ‘‘Search,’’ and 

chose the document to view. 

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 to grant exemptions 

from certain portions of 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 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 the safety 

analyses and the 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 compliance with the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 


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Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 36205 

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. Current Regulatory Requirements 

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 CDLs 

to CMV operators, but the Federal 

government sets minimum requirements 

for the issuance of a CDL. Subpart H of 

part 383 sets forth the principal 

requirements governing State testing of 

applicants for a CDL. 

IV. Background 

On August 1, 2016, FMCSA published 

Minnesota’s application for exemption 

from certain testing requirements in 49 

CFR part 383 and requested public 

comment (81 FR 50592). Under 

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

be conducted in the following order: 

pre-trip inspection, vehicle control 

skills, and on-road skills. Minnesota 

asked that it be allowed to combine the 

second and third parts (vehicle control 

skills and on-road skills) and thus 

reduce the skills tests to two parts. The 

State also asked to be exempted from 

using the AAMVA 2005 Test Model 

Score Sheet. Finally, the State asked 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 opposed the request for relief 

from using the AAMVA Score Sheet 

during testing. Most also opposed 

allowing the State to shorten the testing 

to two parts and allowing applicants for 

a Minnesota CDL who fail the initial 

portion of the test to proceed to the onroad testing. Generally, those opposed 

felt that granting the exemptions would 

compromise the standardization of 

testing among the various States 

ensured by the existing regulations. 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 validated for use 

by all States in testing prospective CDL 

holders. 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 

various elements of the skills tests. 

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 of the 

skills tests (basic controls or on-road) 

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. 

V. Applicant’s Request 

In 2018, Minnesota requested 

reconsideration of FMCSA’s denial of 

the exemption application. The State 

asked to be allowed to use its own 

scoresheet to score applicant drivers 

during the skills tests. Minnesota also 

requested to be allowed to combine 

vehicle control skills and on-road skills 

segments and thus have only two parts 

to its skills tests. Minnesota believes 

that FMCSA’s denial letter does not 

accurately describe how its scoring is 

applied. Finally, Minnesota asked to be 

exempted from the requirement that 

applicants pass the pre-trip inspection 

portion of the exam before proceeding to 

the balance of the test. The State argued 

that the order in which the elements of 

the CDL skills tests are conducted does 

not result in unsafe conditions or the 

operation of a CMV at highway speeds. 

FMCSA’s May 9, 2017, denial letter and 

the State’s request for reconsideration 

are in the docket listed at the beginning 

of this notice. 

VI. Equivalent Level of Safety 

To ensure an equivalent level of 

safety, Minnesota asserts that its score 

sheet evaluates the same driving skills 

and contains the same inspection 

elements as the AAMVA score sheet. 

Regarding administering the skills tests 

out of order, Minnesota explained that 

exam stations are in residential and 

downtown areas across the State where 

traffic speeds are low. 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 

test. 

VII. Public Comments 

On November 30, 2020, FMCSA 

published a notice seeking public 

comment on the request for 

reconsideration (85 FR 76657). The 

Agency received five comments. The 

Minnesota School Bus Operators 

Association supported the exemption 

request, writing: 

If Minnesota Driver and Vehicle Services 

believes that the accommodations outlined in 

Doc FMSCA–2016–0180 will allow them to 

deliver CDL skills testing more efficiently 

and will allow for more CDL tests scheduled, 

we fully support those efforts. Additionally, 

in reviewing the request, we see no evidence 

that it would compromise the test or the 

safety of those applicant drivers. These 

requests appear to be minor in nature and 

will allow the testing sites more flexibility to 

conduct tests. 

The remaining four respondents 

opposed the exemption: The 

Brotherhood of Locomotive Engineers 

and Trainmen (BLET); Commercial 

Vehicle Training Association (CVTA); 

Interstate Truck Driving School of MN, 

LLC (ITDS); and Mr. Michael Millard. 

The BLET wrote: 

Our concern with this exemption is the 

Minnesota equivalent to the road test for CDL 

applicants does not require drivers to be 

tested on crossing railroad tracks, therefore 

new CDL drivers are not required to display 

proper skills and awareness to safely cross 

railroad tracks with commercial vehicles. 

Many of the new drivers going through CDL 

training are immigrants from other countries 

and may not have experience crossing 

railroad tracks in this country. 

The CVTA said, ‘‘Granting the 

exemption would be problematic as it 

would be a formal approval of 

Minnesota’s practice, and permit 

activities out of uniformity and 

congruence with the national system of 

CDL testing. Minnesota has offered no 

data as required by 49 CFR 381.310 to 

substantiate the claim that a two-part 

test is safer.’’ 

The ITDS stated: 

The contradiction created by the Minnesota 

testing methods undermines the 

successfulness of proper training to comply 

with regulations. I respectfully request that 

the FMCSA deny the waiver request from the 

State of Minnesota. I suggest the state be 

required to implement the AAMVA testing 

model within 12 months to give the state 

adequate time to comply. This requirement 

would make it easier for the State of 

Minnesota to make any changes that might be 

required by proposed AAMVA modifications 

in 2022. 

Mr. Millard commented: 

The trucking industry has had an increase in 

CMV crashes, and I suspect the largest 


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36206 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 

contributor is poorly trained drivers who are 

issued CDLs. I oppose Minnesota’s request 

and struggle to understand why the state 

hasn’t adopted the standardized testing to 

make it work. I believe it’s haphazard to 

approve a plan without a written summary 

outlining the supposed better way. If 

Minnesota’s way is better, then perhaps the 

FMCSR should be revised to follow suit. I see 

a slippery slope in non-standardized testing 

expanding by allowing Minnesota to deviate 

from standardized practices. 

VIII. FMCSA Response to Comments 

and Decision 

FMCSA carefully reviewed 

Minnesota’s petition for reconsideration 

and the public comments. The Agency 

has concluded that Minnesota provided 

no additional information that would 

affect FMCSA’s 2017 denial of the 

request for relief from use of the 

AAMVA testing model and no 

additional information to persuade the 

Agency to allow the State to conduct a 

two-part skills test. Therefore, the 

Agency denies the application for 

exemption from the CDL regulations 

and reaffirms its previous denial. 

FMCSA believes that conducting the 

elements of the CDL skills test in order 

(i.e., pre-trip, vehicle control skills test, 

on-road skills test) is the best practice 

for the safety and efficiency of the tester. 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–12875 Filed 6–14–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

[Docket No.: OFAC–2022–0003] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request for Iranian Financial 

Sanctions Regulations Report on 

Closure by U.S. Financial Institutions 

of Correspondent Accounts and 

Payable-Through Accounts 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other federal agencies to comment on 

proposed or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

Currently, the Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is soliciting comments 

concerning OFAC’s Iranian Financial 

Sanctions Regulations Report on 

Closure by U.S. Financial Institutions of 

Correspondent Accounts and PayableThrough Accounts. 

DATES: Written comments must be 

submitted on or before August 15, 2022 

to be assured of consideration. 

ADDRESSES: You may submit comments 

by either of the following methods: 

Federal eRulemaking Portal: https://

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

Email: OFACReport@treasury.gov 

with Attn: Request for Comments 

(Iranian Financial Sanctions Regulations 

Report on Closure by U.S. Financial 

Institutions of Correspondent Accounts 

and Payable-Through Accounts). 

Instructions: All submissions received 

must include the agency name and refer 

to Docket Number OFAC–2022–0003 

and the OMB control number 1505– 

0243. Comments received will be made 

available to the public via https://

www.regulations.gov or upon request, 

without change and including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Assistant Director for Licensing, 

202–622–2480; Assistant Director for 

Regulatory Affairs, 202–622–4855; or 

Assistant Director for Sanctions 

Compliance & Evaluation, 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 

Title: Iranian Financial Sanctions 

Regulations Report on Closure by U.S. 

Financial Institutions of Correspondent 

Accounts and Payable-Through 

Accounts. 

OMB Number: 1505–0243. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Description: Section 561.504(b) of the 

Iranian Financial Sanctions Regulations, 

31 CFR part 561 (IFSR), specifies that a 

U.S. financial institution that 

maintained a correspondent account or 

payable-through account for a foreign 

financial institution whose name is 

added to the List of Foreign Financial 

Institutions Subject to Correspondent 

Account or Payable-Through Account 

Sanctions (the ‘‘CAPTA List’’) on 

OFAC’s website (www.treasury.gov/ 

ofac) as subject to a prohibition on the 

maintaining of such accounts, must file 

a report with OFAC that provides 

complete information on the closing of 

each such account, and on all 

transactions processed or executed 

through the account pursuant to 

§ 561.504, including the account outside 

of the United States to which funds 

remaining in the account were 

transferred. This report must be filed 

with OFAC within 30 days of closure of 

the account. This collection of 

information assists in verifying that U.S. 

financial institutions are complying 

with prohibitions on maintaining 

correspondent accounts or payablethrough accounts for foreign financial 

institutions listed on the CAPTA List 

pursuant to the IFSR. The reports will 

be reviewed by OFAC and may be used 

for compliance and enforcement 

purposes by the agency. 

Affected Public: The likely 

respondents affected by this collection 

of information are U.S. financial 

institutions maintaining correspondent 

accounts or payable-through accounts. 

Estimated Number of Respondents: 

OFAC assesses that the estimate for the 

number of unique reporting respondents 

is approximately 1. 

Frequency of Response: The estimated 

annual frequency of responses is 

approximately 1 response per 

respondent. 

Estimated Total Number of Annual 

Responses: The estimated total number 

of responses per year is approximately 

1. 

Estimated Time per Response: OFAC 

assesses that there is an average time 

estimate of 2 hours per response. 

Estimated Total Annual Burden 

Hours: The estimated total annual 

reporting burden is approximately 2 

hours. 

Request for Comments 

Comments submitted in response to 

this notice will be summarized and 

included in the request for OMB 

approval. All comments will become a 

matter of public record. Comments are 

invited on: (a) whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information has practical utility; (b) the 

accuracy of the agency’s estimate of the 

burden of the collection of information; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

(Authority: 44 U.S.C. 3501 et seq.) 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2022–12862 Filed 6–14–22; 8:45 am] 

BILLING CODE 4810–AL–P 


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