[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23518-23519]
[FR Doc No: 2022-08366]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications

listed are grouped by docket numbers in ascending order. These filings
are available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
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    \1\ Emailed comments dated 4/8/2022 from Colleen Wysser--Martin.
    \2\ Emailed comments dated 3/26/22 from Colleen Wysser--Martin.
    \3\ Emailed comments dated 3/27/22 from Colleen Wysser--Martin.
    \4\ Emailed comments dated 3/27/22 from Ann Dorsey.
    \5\ Emailed comments dated 4/8/22 from Betsy Webster.
    \6\ Emailed comments dated 3/27/22 from Betsy Webster.
    \7\ Emailed comments dated 4/8/22 from Betsy Webster.

----------------------------------------------------------------------------------------------------------------
              Docket Nos.                   File date                     Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP21-57-000.....................       3-30-2022  FERC Staff.\1\
    2. CP21-57-000.....................        4-8-2022  FERC Staff.\2\
    3. CP21-57-000.....................        4-8-2022  FERC Staff.\3\
    4. CP21-57-000.....................        4-8-2022  FERC Staff.\4\
    5. CP21-57-000.....................        4-8-2022  FERC Staff.\5\
    6. CP21-57-000.....................        4-8-2022  FERC Staff.\6\
    7. CP21-57-000.....................       4-11-2022  FERC Staff.\7\
Exempt:
    1. P-14803-001; P-2082-063.........        4-1-2022  U.S. Representative Doug LaMalfa.
    2. RP19-1523-000...................        4-8-2022  U.S. Senator Roy Blunt.
----------------------------------------------------------------------------------------------------------------

    Dated: April 13, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-08366 Filed 4-19-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75098-75099]
[FR Doc No: 2022-26538]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96431; File No. SR-CboeEDGA-2022-020]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Its Fee Schedule

December 1, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 30, 2022, Cboe EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGA Exchange, Inc. (the ``Exchange'' or ``EDGA'') proposes to
amend its Fee Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fee Schedule to clarify that fee
code X \3\ is applicable to certain routed orders that add or remove
liquidity. The Exchange proposes to implement these changes effective
November 21, 2022.\4\
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    \3\ Fee code X is appended to routed orders.
    \4\ The Exchange initially filed the proposed fee changes on
November 21, 2022 (SR-CboeEDGA-2022-019). On November 30, 2022, the
Exchange withdrew that filing and submitted this filing.
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    The Exchange proposes to clarify that fee code X is applicable to
routed orders that add or remove liquidity. When certain fee codes were
deleted from the Fee Schedule, the Exchange simultaneously proposed to
update fee code X to make clear that it applies to all other routed
orders that are not otherwise specified under other fee codes in the
Fee Schedule.\5\ However, the Exchange did not make clear in the fee
code table that fee code X therefore also is applicable to orders that
both add and remove liquidity.\6\ Therefore, the Exchange is now
proposing to add such language to the description of fee code X, as
well as eliminate the reference to ``Removing'' liquidity in the
Standard Rates header for the Routing Liquidity column (which is
applicable to fee code X).
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    \5\ See Securities Exchange Act No. 9100 (January 27, 2021) 86
FR 7909 (February 2, 2021) (SR-CboeEDGA-2021-003).
    \6\ Under the Transaction Fees section of the Fee Schedule,
bullet four provides ``[u]nless otherwise noted, all routing fees or
rebates in the Fee Codes and Associated Fees table are for removing
liquidity from the destination venue.''

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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Exchange Act of 1934 (the
``Act''),\7\ in general, and furthers the objectives of Section
6(b)(4),\8\ in particular, as it is designed to provide for the
equitable allocation of reasonable dues, fees and other charges among
its Members, issuers and other persons using its facilities.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposal to modify fee code X to
explicitly provide that it is applicable to routed orders that add and
remove liquidity on the destination exchange is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
Specifically, the proposal is intended only to make a clarifying change
to the Fee Schedule and involves no substantive change.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes its
proposal to clarify that fee code X is applicable to liquidity adding
and removing orders will have no impact on competition as it involves
no substantive change, but merely is a clarifying change to the
existing Fee Schedule.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2022-020 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-CboeEDGA-2022-020. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGA-2022-020 and should be
submitted on or before December 28, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-26538 Filed 12-6-22; 8:45 am]
BILLING CODE 8011-01-P


NOTE SUBJECT: Consultation with Ash Grove Cement TO: FILE FROM: Stephen Hoffman DATE: 2/ 27/ 06 The purpose of this note is to document consultation with Ash Grove Cement Company reagrding the use of chat in cement.

On October 12, 2005 I called Mr. Michael Harrell of Ash Grove Cement to discuss the use of chat in cement. Mr Harrell indicated that for a three year period starting in 2001 Ash Grove used chat as a silica substitute in the manufacture of cement. Ash Grove did not conduct TCLP or SPLP tests of the chat cement. Ash Grove used 50,000 tons of chat in 2001, 120,000 tons of chat in 2002, and 50,000 tons in 2003. Mr Harrell indicated that all of the chat amended cement passed the ASTM standards for cement. Ash Grove does conduct TCLP tests of its cement kiln dusts every 24 hours. The use of chat was discontinued because it was necessary to grind the chat and that grinding was causing unusual wear on equipment since it is so hard. Ash Grove was able to find cheaper sources of silica than chat.


[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Proposed Rules]
[Pages 26894-26902]
[FR Doc No: 2017-12079]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383, 384

[Docket No. FMCSA-2017-0047]
RIN 2126-AB99

Military Licensing and State Commercial Driver's License
Reciprocity

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would allow State Driver Licensing Agencies
(SDLAs) to waive the requirements for the commercial driver's license
(CDL) knowledge tests for certain individuals who are, or were,
regularly employed within the last year in a military position that
requires/required, the operation of a commercial motor vehicle (CMV).

DATES: Comments on this notice must be received on or before August 11,
2017.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2017-0047 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     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., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001, by email at<EMAIL_ADDRESS>
or by telephone at<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:
    This notice of proposed rulemaking (NPRM) is organized as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Waiver of Advance Notice of Proposed Rulemaking
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Regulatory Background
    A. Current Standards
    B. Recent Activity
V. Discussion of Proposed Rulemaking
VI. Removal of Regulatory Guidance
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses
    A. Executive Order (E.O.) 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving Regulation and Regulatory Review),
and DOT Regulatory Policies and Procedures)
    B. Regulatory Flexibility Act (Small Entities)
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act (Collection of Information)
    F. E.O. 13132 (Federalism)
    G. E.O. 12988 (Civil Justice Reform)
    H. E.O. 13045 (Protection of Children)
    I. E.O. 12630 (Taking of Private Property)
    J. Privacy
    K. E.O. 12372 (Intergovernmental Review)
    L. E.O. 13211 (Energy Supply, Distribution, or Use)
    M. E.O. 13175 (Indian Tribal Governments)
    N. National Technology Transfer and Advancement Act (Technical
Standards)
    O. Environment (NEPA, CAA, Environmental Justice)

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
NPRM (Docket No. FMCSA-2017-0047), indicate the specific section of
this document to which each section applies, and provide a reason for
each suggestion or recommendation. 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 that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2017-0047, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on 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 change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2017-0047, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the Internet, you may view the docket online by visiting the
Docket Management Facility 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., e.t., Monday through Friday, except Federal
holidays.

C. 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.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under section 5202 of the Fixing America's Surface Transportation
Act, Public Law 114-94 (FAST Act), if a regulatory proposal is likely
to lead to the promulgation of a major rule, agencies are required to
start the process

with an advance notice of proposed rulemaking (ANPRM) or a negotiated
rulemaking, unless the Agency finds good cause that an ANPRM is
impracticable, unnecessary, or contrary to the public interest. This
NPRM is not subject to these provisions because it is not likely to
lead to the promulgation of a major rule.

II. Executive Summary

    This proposed rule would allow SDLAs to waive the requirements for
a knowledge test for certain individuals who are regularly employed, or
were regularly employed within the last year, in a military position
requiring the operation of a CMV. This rulemaking implements part of
section 5401 of the FAST Act.
    Today's proposed rule, in combination with a recent rulemaking--
Commercial Driver's License Requirements of the Moving Ahead for
Progress in the 21st Century Act (MAP-21) and the Military Commercial
Driver's License Act of 2012, published on October 13, 2016, (81 FR
70634), hereafter referred to as the Military CDL I Rule--would give
States the option to waive both the CDL knowledge and skills tests for
certain current and former military service members who received
training in the operation of CMVs during active-duty or reserve service
in military vehicles that are comparable to CMVs. The combined effect
of the Military CDL I Rule and this proposal would allow certain
current or former military drivers, domiciled in participating States,
to transition more quickly from the armed forces to civilian driving
careers.
    FMCSA evaluated potential costs and benefits associated with this
proposed rulemaking. The Agency concluded that costs, if any, would be
minimal and are not quantifiable, while benefits would accrue primarily
to certain current and former military service members transitioning
into civilian careers as CMV drivers, and secondarily to their
potential employers. Because the proposed rule is voluntary--States are
not required to waive the knowledge and/or skills tests--potential
variations among States with respect to conditions and limitations
imposed beyond those of this proposed rule could be substantial. The
Agency is unable to quantify these benefits.

III. Legal Basis for the Rulemaking

    This rulemaking rests on the authority of the Commercial Motor
Vehicle Safety Act of 1986 (CMVSA), as amended, codified at 49 U.S.C.
chapter 313 and 49 CFR parts 382, 383, and 384. The NPRM also responds
to section 5401(a) of the FAST Act [Pub. L. 114-94, 129 Stat. 1312,
1546, December 4, 2015]. This section requires FMCSA to modify the
minimum testing standards of its CDL regulations to credit the training
and knowledge that certain current or former military drivers received
in the armed forces, including the reserve components and National
Guard, in order to drive military vehicles similar to civilian CMVs [49
U.S.C. 31305(d)(1)(C)].
    The CMVSA provides broadly that ``[t]he Secretary of Transportation
shall prescribe regulations on minimum standards for testing and
ensuring the fitness of an individual operating a commercial motor
vehicle'' [49 U.S.C. 31305(a)]. In general, those regulations must
include (1) minimum standards for knowledge and driving (skills) tests,
(2) use of a representative vehicle to take the driving test, (3)
minimum testing standards, and (4) working knowledge of CMV regulations
and vehicle safety systems [49 U.S.C. 31305(a)(1)-(4)].
    Section 5401(a) of the FAST Act added 49 U.S.C. 31305(d):
``Standards for Training and Testing of Veteran Operators.'' Section
31305(d)(1)(A) required the Agency to modify its CDL regulations to
``exempt a covered individual from all or a portion of a driving test
if the covered individual had experience in the armed forces or reserve
components driving vehicles similar to a commercial motor vehicle.''
Section 31305(d)(1)(B) required FMCSA to ``ensure that a covered
individual may apply for an exemption under subparagraph (A) during, at
least, the 1-year period beginning on the date on which such individual
separates from services in the armed forces or reserve components.''
The term ``reserve components'' includes the Army and Air National
Guard. Section 5401(c) also directed the Agency to adopt regulations
allowing certain military personnel an exemption from the normal CDL
domicile requirement, as authorized by the Military Commercial Driver's
License Act of 2012 [Military CDL Act] and codified at 49 U.S.C.
31311(a)(12)(C). These three provisions were implemented by the
Military CDL I Rule.
    The last element of section 5401(a), which was not addressed in the
Military CDL I Rule, directed the Agency to ``credit the training and
knowledge a covered individual received in the armed forces or reserve
components driving vehicles similar to a commercial motor vehicle for
purposes of satisfying minimum standards for training and knowledge''
[49 U.S.C. 31305(d)(1)(C)]. That requirement is the subject of this
NPRM. It should be noted that section 31305(d)(2)(B) defines a
``covered individual'' as someone over 21 years of age who is ``(i) a
former member of the armed forces; or (ii) a former member of the
reserve components'' [emphasis added]. Limitation of the ``credit'' to
be conferred by section 5401(a) to former members of the active-duty
armed forces is at least understandable, since active-duty service
members would presumably not have enough off-duty time to engage in
civilian driving requiring a CDL. However, limiting that ``credit'' to
former members of the reserve components would exclude large numbers of
current reservist drivers who received the same rigorous military CMV
training as active-duty personnel but perform military service only
part-time, while holding full-time civilian jobs. Because the clear
objective of section 5401(a) is to make it easier for trained military
drivers to obtain CDLs and move into civilian driving careers, and
because the word ``former'' in the definition of a ``covered
individual'' largely defeats the purpose of the statute, FMCSA has
concluded that it would be appropriate to expand the eligible
population. This NPRM would therefore allow SDLAs to waive the
knowledge test for both current and former service members who had
undergone certain CMV driver training while serving in the military.
Using the broad authority of 49 U.S.C. 31315(b), the Agency took the
same position (without comment) in granting all SDLAs the temporary
option (for a 2-year period) of waiving the CDL knowledge test for
current or former members of the military services, including the
reserves and National Guard, who had completed certain formal military
driver training (81 FR 74861, Oct. 27, 2016).
    Federal training standards for CMV drivers were adopted only
recently. Section 32304 of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) [Pub. L. 112-141, July 6, 2012, 126 Stat. 405,
791] required entry-level driver training (ELDT) of CDL applicants [49
U.S.C. 31305(c)]. That requirement was promulgated on December 8, 2016
[81 FR 88732]. However, the ELDT rule provides that ``(3) Veterans with
military CMV experience who meet all the requirements and conditions of
Sec.  383.77 of this chapter'' are not required to complete the new
entry-level training program [49 CFR 380.603(a)(3)]. Because Sec.
383.77 authorizes the States to exempt CDL applicants with military CMV
experience from the driving skills test, those drivers are also exempt
from ELDT.

    Under 49 CFR 383.77, as amended by the Military CDL I Rule, the
Agency now provides partial credit for military drivers' training and
knowledge by allowing States to exempt from the CDL driving skills test
those employees who are or were regularly employed within the last year
in a military position requiring the operation of a military vehicle
that is comparable to a CMV.
    This NPRM would implement 49 U.S.C. 31305(d)(1)(C) by giving States
the discretion (subject to certain limits) to exempt CDL applicants
with military CMV experience from the knowledge test required for a
commercial learner's permit (CLP). This NPRM would complete the
requirement of section 31305(d)(1)(C) to ``credit the training and
knowledge a covered individual received in the armed forces or reserve
components driving vehicles similar to a commercial motor vehicle for
purposes of satisfying minimum standards for training and knowledge.''

IV. Regulatory Background

A. Current Standards

Knowledge Test
    As specified in 49 CFR 383.71(a)(2)(ii), any individual applying
for a CDL or CLP is required to take and pass a general knowledge test.
The general knowledge test must meet the Federal standards contained in
subparts F, G, and H of part 383 for the commercial vehicle group that
person operates or expects to operate.
Skills Test
    A final rule published on May 9, 2011 [``Commercial Driver's
License Testing and Commercial Learner's Permit Standards'' (76 FR
26854)] added new 49 CFR 383.77, which allowed the States to substitute
CDL applicants' eligible military CMV experience for the skills test.

B. Recent Activity

Military CDL I Rule
    The Military CDL I Rule addressed the requirements of 49 U.S.C.
31305(d)(1)(A) and (B) (81 FR 70634). That rule allowed States to
extend from 90 days to 1 year the period of time for an individual who
is regularly employed or was regularly employed in a position requiring
operation of a CMV to apply for a skills test waiver after leaving the
military.
    Additionally, the Military CDL I Rule allowed the SDLA in the State
where military personnel are stationed (State of duty station) to
coordinate with the State of domicile to expedite the processing of
applications and administer the knowledge and skills tests for a CLP or
CDL. The SDLA in the State of domicile could then issue the CLP or CDL
on the basis of tests performed by the SDLA in the State of duty
station.
Knowledge Test Exemption Request
    The Missouri Department of Revenue (DOR) submitted a request for an
exemption from the FMCSA regulation that requires any driver to pass
the general knowledge test before being issued a CLP or CDL. The
request is available in docket FMCSA-2016-0130, or at: https://www.regulations.gov/document?D=FMCSA-2016-0130-0004. The Missouri DOR
asked FMCSA to waive the knowledge test requirement for qualified
veterans who participated in dedicated training through approved
military programs. The Missouri DOR contended that qualified personnel
who participated in such programs had already received the numerous
hours of classroom training, practical skills, and one-on-one road
training that are essential for safe driving. Upon reviewing the
request, FMCSA agreed with Missouri DOR's reasoning and granted a two-
year exemption on October 27, 2016 (81 FR 74861). The Agency extended
the exemption to allow all SDLAs, at their discretion, to waive the
knowledge test requirements to qualified veterans, reservists, National
Guard, and active-duty personnel.

V. Discussion of Proposed Rulemaking

    This NPRM addresses the third requirement of section 5401(a) of the
FAST Act [49 U.S.C. 31305(d)(1)(C)] by proposing to allow SDLAs to
exempt certain personnel from the CDL knowledge test. Those personnel
are drivers who are regularly employed, or were regularly employed
within the last year, in a military position requiring operation of a
military vehicle comparable to a CMV, and who completed an approved
military driver training program. FMCSA believes that this proposal
would maintain a level of safety equivalent to, or greater than, the
level that would be achieved by requiring military-trained drivers to
pass the knowledge test.

Sec.  383.23 Commercial Driver's License

    The reference to ``written'' tests in Sec.  383.23(a)(1) would be
changed to ``knowledge'' tests to be consistent with terminology used
elsewhere in part 383.

Sec.  383.77 Substitute for Driving Skills Tests for Drivers With
Military CMV Experience

    Section 383.77(a)(1) would be revised to match proposed section
383.79(b)(2)(iii) and to avoid the unintended implication of the
reference to ``not . . . more than one license.'' That original
language could be misread to disqualify from the skills test waiver a
driver who, in the two years immediately before applying for a CDL,
moved from one State to another and held licenses sequentially, but not
simultaneously, from both States. The proposed language makes it clear
that an applicant cannot simultaneously have held more than one
civilian license, in addition to a military license.

Sec.  383.79 Skills Testing of Out-of-State Students; Knowledge Test
Waivers for Military Personnel

    The proposal would amend Sec.  383.79(b) to allow States to waive
the CLP knowledge test for certain current or former military service
members (subject to certain conditions and limitations) who were
regularly employed in a military position requiring the operation of a
CMV during the year immediately preceding the license application. The
conditions imposed on the waiver are essentially those included in
Sec.  383.77 when that provision was adopted in 2011.
    Like the Military CDL I Rule, this proposed rule would be
permissive, i.e., the States would be allowed, but not required, to
exercise the waiver option.

Sec.  384.301 Substantial Compliance General Requirements

    FMCSA would amend 49 CFR 384.301 by adding paragraph (l),
specifying a 3-year compliance date for States. FMCSA has always
allowed the States 3 years after the effective date of any new CDL rule
to come into substantial compliance with its requirements. This would
allow the States time to pass legislation needed to comply with the new
provisions.

Justification for Changes: Armed Forces Heavy-Vehicle Driver Training
Programs

    Upon reviewing military driver training programs, the Agency has
concluded that these programs enable drivers to maintain a level of
safety equivalent to, or greater than, the level that would be achieved
by requiring them to pass the CDL knowledge test. The Army, Air Force,
Navy, and Marine Corps provide specific training

dedicated to operating heavy-duty vehicles.\1\
---------------------------------------------------------------------------

    \1\ Note: Heavy-duty vehicles is a generic description used in
the military to describe vehicles that have been determined by FMCSA
and the American Association of Motor Vehicle Administrators to have
weights equal to or larger than the weights that require a driver to
hold a CDL.
---------------------------------------------------------------------------

    There are three basic military job training classifications, with
additional training for other types of heavy-duty specialty vehicles
(e.g., gasoline haulers, construction vehicles, and military equipment
transport oversize/overweight [non-track vehicles]).
    The four core training programs for heavy vehicle operations, based
on the occupational specialty code of the service member, are:
     Army--88M--Motor Transport Operator.
     Air Force--2T1--Vehicle Operations.
     Marine Corps--3531--Motor Vehicle Operator.
     Navy--EO--Equipment Operator.
Army--88M Training
    The 88M Instructor Training Manual is 142 pages long. The student
manual--STP 55-88M14-SM-TG Soldier's Manual and Trainer's Guide 88M,
Motor Transport Operator--is 229 pages long and includes four levels of
training. The 6-week core curriculum of the Army 88M course contains a
total of 221 hours of training, including:
     Lecture--32 classroom hours.
     Practical application--road driving--189 hours.
    Motor Transport Operators are primarily responsible for operating
wheeled vehicles to transport personnel and cargo. Motor Transport
Operator duties include: Interior components/controls and indicators;
basic vehicle control; driving vehicles over all types of roads and
terrain, traveling alone or in convoys; braking, coupling, backing, and
alley docking; adverse/tactical driving operations; pre-trip
inspections; reading load plans; checking oil, fuel and other fluid
levels, as well as tire pressure; operations in automatic and manual
modes; crash prevention; safety check procedures; basic vehicle
maintenance and repairs; transporting hazardous materials; and keeping
mileage records.
Air Force--2T1--Vehicle Operations
    The Air Force Tractor Trailer Plan of Instruction (POI) is 226
pages long. The minimum length of instruction for the basic school is
84 hours, including:
     22 hours of classroom.
     62 hours of hands-on activity, both alone on a training
pad and on the road with an instructor.
    The core curriculum is based on the material in the American
Association of Motor Vehicle Administrators (AAMVA) CDL Manual--2005
edition (2014 revised). Students participating in the basic 2T1
curriculum learn general principles in the classroom. Specialized
training occurs at the installation using the Tractor Trailer Plan of
Instruction. A minimum of 40 hours over-the-road time is expected on
each vehicle/trailer type.
    Topics covered in the Air Force Vehicle Operations course include:
Overview of training and Federal requirements; Federal motor vehicle
safety standards; tractor/trailer design; hazards and human factors
relative to the environment where used; safety clothing and equipment;
driving safely; pre- and post-trip vehicle inspection; basic vehicle
control; shifting gears; managing space and speed; driving in
mountains, fog, winter, very hot weather, and at night; railroad
crossings; defensive awareness to avoid hazards and emergencies; skid
control and recovery; what to do in case of a crash; fires; staying
alert and fit to drive; hazardous materials--rules for all commercial
drivers; preparing, inspecting, and transporting cargo safely;
inspecting and driving with air brakes; driving combination vehicles
safely; and coupling and uncoupling.
Marine Corps--3531--Motor Vehicle Operator
    The core curriculum of the Marine Corps 3531 course--TM 11240-15/3G
contains three training areas:
     Lecture--24 classroom hours.
     Demonstration--classroom/training pad--35 hours.
     Practical application--road driving--198 hours.
    Instructional breakout includes:
     Demonstration: 35 hours.
     Guided discussion: 1.5 hours.
     Lecture: 24 hours.
     Performance examination: 62 hours.
     Practical application (individual): 198 hours.
     Knowledge examination: 7 hours.
    Classroom instruction includes lectures, demonstration, and
practice time for the specific tasks identified. Each classroom session
includes knowledge and performance evaluations to ensure students have
mastered all of the learning objectives for the specialty proficiency.
Training includes both simulators and actual vehicle operation.
Practical training includes on-the-road and skills operations, ground
guide procedures, and operating a vehicle with a towed load. Students
practice their driving and backing, with and without a trailer.
Instructors ride with the students as they operate on approved road
routes. Specific training areas (pads) are set aside for the students
to practice their backing skills and ground guide procedures safely.
    The Marine Corps training curriculum also includes emergency
procedures and cargo loading.
Navy--EO--Equipment Operator
    The core curriculum of the USN Heavy Vehicle Operator (Truck
Driver) (EO) course (53-3032.00) is designed to train Navy personnel
how to operate passenger and cargo vehicles to rated capacity. They
palletize, containerize, load and safely transport various types of
cargo and demonstrate knowledge and skills for qualifying as a driver
journeyman. The complete program covers topics including:

 Hazardous materials transportation
 Line haul planning
 Manual tractor-truck operations
 Vehicle Recovery Operations

    The course is taught over 160 hours including 30 hours classroom
and 130 hours lab (behind the wheel). By completing this course, the
Navy driver will be able to:
     Perform the duties of normal, non-combat conditions
driving in accordance with the local state driver licensing agency's
CDL driver handbook;
     Manage hazardous petroleum, oils and lubricants (POL)
material required during line haul and worksite activities, to support
normal, non-combat operations;
     Perform preventive maintenance on a non- or up-armored
manual truck tractor with drop-neck trailer, consisting of pre-start,
during-operations, and after-operations equipment checks, to support
normal, non-combat operations, in accordance with local State Driver
License Agency CDL handbooks;
     Operate vehicle controls of a non- or up-armored manual
truck-tractor, to support normal, non-combat operations; and
     Be proficient with the components and controls of a drop-
neck trailer relative to a detached/attached gooseneck and a coupled/
uncoupled trailer.
    Other topics covered within the Navy EO training program include:

 Development and maintenance of operational records
 Operation of high mobility multi-purpose wheeled vehicles
 Weight distribution and load securement
 Loading bulk and container cargo
 Preventive maintenance

 Pre- and post-trip vehicle safety inspections

    The military training programs described above are thorough and
comprehensive. They incorporate most of the elements recommended by the
Professional Truck Driver Institute, which has been the principal
standard-setting organization for private-sector motor carrier training
for decades. They are also entirely compatible with the requirements of
FMCSA's recently-adopted ELDT rule. Although geared to heavy-duty
military vehicles, military training is readily transferrable to a
civilian context, since the operational characteristics of large
military and civilian vehicles are very similar and, in some cases,
identical. The Agency believes that exempting these drivers from the
CLP knowledge test, in addition to the skills test, will have no
adverse effect on highway safety.

VI. Removal of Regulatory Guidance

    FMCSA's previous regulatory guidance for Sec.  383.77 was removed
when the Agency's guidance for 49 CFR parts 383 and 384 was revised and
reissued; see ``Commercial Driver's License Standards, Requirements and
Penalties; Regulatory Guidance'' (DATE XX FR XXXX).

VII. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries in which they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences among nations.

VIII. Section-by-Section

Sec.  383.23 Commercial Driver's License

    The reference to ``written'' tests in paragraph (a)(1) would be
changed to ``knowledge'' tests to match the terminology used elsewhere
in part 383.

Sec.  383.77 Substitute for Driving Skills Tests for Drivers With
Military CMV Experience

    Section 383.77(a)(1) would be revised to state that an applicant
may not have held two civilian licenses simultaneously, in addition to
a military license.

Sec.  383.79 Skills Testing of Out-of-State Students; Knowledge Test
Waivers for Certain Military Personnel

    The title of this section would be amended slightly, while
paragraph (a), CDL applicants trained out-of-State, would not be
modified.
    Existing paragraph (b), Military service member applicants for a
CLP or CDL, would be removed and replaced by a new paragraph (b),
Knowledge test waivers for certain current or former military service
members applying for a CLP or CDL.
    Existing paragraph (b)(1) would be redesignated as proposed
paragraph (c). A new paragraph, In general, would be added as paragraph
(b)(1).
    Existing paragraph (b)(2) would be redesignated as proposed
paragraph (d). A new paragraph, Conditions and limitations, would be
added as paragraph (b)(2), outlining the requirements to apply for a
waiver of the knowledge test.
    Redesignated paragraph (c) would retain the content of current
paragraph (b)(1), State of duty station, but with some editorial
changes.
    New paragraph (d), Electronic transmission, is currently codified
as paragraph (b)(2).
    New paragraph (e), State of domicile, would be revised to reflect
the new waiver options proposed by this NPRM.

Sec.  384.301 Substantial Compliance General Requirements

    This proposed rule would not alter the existing paragraphs in this
section. Paragraph (l) is added.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    Under E.O. 12866 (58 FR 51735, October 4, 1993) as supplemented by
E.O. 13563 and DOT policies and procedures, FMCSA must determine
whether a regulatory action is ``significant,'' and therefore subject
to OMB review and the requirements of the E.O. The Order defines
``significant regulatory action'' as one likely to result in a rule
that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal government or communities.
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency.
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof.
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
    FMCSA has determined that this action is not a significant
regulatory action within the meaning of E.O. 12866 or significant
within the meaning of Department of Transportation regulatory policies
and procedures. However, FMCSA did evaluate the costs and benefits of
this proposed rulemaking. This proposed rulemaking would not result in
an annual effect on the economy of $100 million or more, lead to a
major increase in costs or prices, or have significant adverse effects
on the United States economy.
Costs and Benefits
    FMCSA evaluated potential costs and benefits associated with this
proposed rulemaking. The Agency concludes that costs, if any, would be
minimal and are non-quantifiable, while benefits would be realized by
certain current and former military service members transitioning into
civilian careers driving CMVs, as well as by their potential employers.
Due to the voluntary nature of the proposed rule and potential
variations across States with respect to conditions and limitations
imposed beyond those of Sec.  383.79, the Agency is unable to quantify
these benefits.
Section 383.79(b)
    The proposed rule would allow States to waive the requirement in
Sec.  383.23(a)(1) that an applicant must pass a knowledge test for a
CLP, including waiver of the knowledge test for a CLP required by Sec.
383.111, for certain current or former military service members. This
proposed rule would allow States to provide waivers of the knowledge
test, if the individual can certify and provide evidence that during
the 1-year period immediately prior to the application he or she met
the criteria outlined in Sec.  383.79.
    Under the proposed rule, certain active-duty military service
members may submit an application to the SDLA in their State of duty
station for a CLP or CDL, including an application for a waiver of the
knowledge test, upon prior agreement between respective SDLAs in the
State of duty station and State of domicile. This proposed rule is
therefore expected to result in time savings to active-duty service
members equivalent to the amount of time that would otherwise be spent
preparing for and taking the knowledge test. The Agency cannot quantify
the aggregate extent of such time savings, as the proposed rule would
not require States

to accept applications for waivers of the knowledge test; nor can the
Agency know what conditions and limitations States may impose on
applicants beyond those of this proposed rule. However, the Agency
considers it likely that those States that elect to accept applications
for waivers of the driving skills test would also accept applications
for waivers of the knowledge test following implementation of the
proposed rule, subject to similar conditions and limitations. If the
proposed rule encourages additional active-duty military service
members to seek civilian employment as drivers following their
completion of military service, their potential employers may benefit
from an increase in the labor supply; however, the Agency is likewise
unable to quantify this benefit due to the reasons cited above.
    Certain former military service members seeking to transition into
civilian employment as a driver may benefit under the proposed rule by
no longer having to possess a CLP for 14 days before either taking the
driving skills test or applying for a waiver of the driving skills
test. Provided that their State of domicile would accept applications
for waivers of both the knowledge test and the skills test, such former
military service members may apply simultaneously for both. As noted
above, the Agency considers it likely that States that elect to accept
applications for waivers of the driving skills test would also accept
applications for waivers of the knowledge test following implementation
of the proposed rule, subject to similar conditions and limitations. By
providing an expedited path to enter the labor market, the rule allows
certain former service members to benefit from faster access to jobs,
while their potential employers may benefit from faster access to those
individuals' labor hours. As with certain active-duty military service
members, certain former military service members who obtain waivers of
the knowledge test would also incur time savings equivalent to the time
that would otherwise be spent preparing for and taking the knowledge
test. Due to the voluntary nature of this proposed rule and uncertainty
regarding conditions and limitations States may impose on applicants
beyond that of Sec.  383.79, the Agency cannot estimate the aggregate
value of these benefits to certain former military service members or
their potential employers.
    In considering the costs of the proposed rule, the Agency notes
that the NPRM would allow the State of duty station (for active service
members) to transmit completed applications to the State of domicile by
a direct, secure, and efficient electronic system. Completed
applications are to include any supporting documents pertinent to the
waiver(s) being sought and--if the State of domicile has not exercised
its waiver option--the results of any knowledge and skills tests
administered. This proposed rule does not require the creation of or
significant modification to existing communication methods between
SDLAs. At present, transmissions between a State of duty station and
State of domicile are already subject to identical requirements with
respect to secure electronic transmission of completed applications
under Sec.  383.79(c). The Agency expects de minimis modifications may
be needed depending on individual State variations (if any) in
documentation that would be required for applications for knowledge
test waivers. The de minimis expectation is rooted in the assumption
that States will take a pragmatic approach by requiring the same
documentation for a knowledge test waiver application as for a skills
test waiver application.

B. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal
agencies to consider the impact of their regulatory proposals on small
entities, analyze effective alternatives that minimize small entity
impacts, and make their analyses available for public comment. The term
``small entities'' means small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with a
population of less than 50,000.\2\ Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
entities.
---------------------------------------------------------------------------

    \2\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Available
at: https://www.sba.gov/advocacy/regulatory-flexibility-act
(accessed December 14, 2016).
---------------------------------------------------------------------------

    When an agency issues a rulemaking proposal, the RFA requires the
agency to ``prepare and make available for public comment an initial
regulatory flexibility analysis'' which will ``describe the impact of
the proposed rule on small entities'' (5 U.S.C. 603(a)). Section 605 of
the RFA allows an agency to certify, in lieu of preparing an analysis,
if the proposed rulemaking is not expected to have a significant
economic impact on a substantial number of small entities.
    The primary entities affected by this proposed rule would be
certain current and former military service members and SDLAs. Under
the standards of the RFA, as amended by the SBREFA, none of these are
small entities. Therefore, FMCSA has determined that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. Incidentally, the proposed rule's impacts on current
and former military service members would be entirely beneficial by
allowing States to provide more flexibility to those seeking to obtain
a CDL. With respect to costs, the impacts on SDLAs that choose to
exercise the waiver option are estimated to be de minimis.
    Accordingly, I hereby certify that this proposed rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities. FMCSA invites comment from
members of the public who believe there will be a significant impact on
small entities from this action.

C. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this proposed rule so that they can better evaluate
its effects on themselves and participate in the rulemaking initiative.
If the proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please consult the FMCSA point of
contact, Selden Fritschner, listed in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector, of $156 million (which is the
equivalent of $100 million in 1995, adjusted for inflation to 2015
levels) or more in any one year. Though this proposed rule would not
result in such expenditure, the Agency does discuss the effects of the
proposed rule elsewhere in this preamble.

E. Paperwork Reduction Act (Collection Information)

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
    FMCSA has determined that this proposed rule would not have
substantial direct costs on or for the States, nor will it limit the
policymaking discretion of the States. This proposed rule does not
preempt any State law or regulation. Therefore, this proposed rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Impact Statement.

G. E.O. 12988 (Civil Justice Reform)

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

H. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this proposed rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, this regulatory action does not in
any respect present an environmental health or safety risk that could
disproportionately affect children.

I. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this proposed rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

J. Privacy

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a
privacy impact assessment (PIA) of a regulation that will affect the
privacy of individuals. Because this proposed rule does not require the
collection of personally identifiable information (PII), the Agency is
not required to conduct a PIA.
    The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat.
2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.

K. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

L. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that the rule is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

M. E.O. 13175 (Indian Tribal Governments)

    This proposed rule does not have tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This proposed rule
does not use technical standards. Therefore, FMCSA did not consider the
use of voluntary consensus standards.

O. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this NPRM for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraphs 6.s.(6) and 6.t.(2). The Categorical Exclusion
(CE) in paragraph 6.s.(6) covers a requirement for States to give
knowledge and skills tests to all qualified applicants for commercial
drivers' licenses which meet the Federal standard. The CE in paragraph
6.t.(2) covers regulations to ensure that the States comply with the
provisions of the Commercial Motor Vehicle Safety Act of 1986, by: (2)
Having the appropriate laws, regulations, programs, policies,
procedures and information systems concerning the qualification and
licensing of persons who apply for a commercial driver's license, and
persons who are issued a commercial driver's license. The requirements
in this proposed rule are covered by these CEs and the proposed action
does not have any effect on the quality of the environment. The CE
determination is available for inspection or copying in the Federal
eRulemaking Portal: http://www.regulations.gov.

    FMCSA also analyzed this proposed rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not affect direct or indirect
emissions of criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this proposed rule in accordance with the E.O., and
has determined that no environmental justice issue is associated with
this proposed rule, nor is there any collective environmental impact
that would result from its promulgation.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
parts 383 and 384 to read as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. The authority citation for part 383 is revised to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502;
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 1012(b) of Pub. L. 107-56; 115 Stat. 272, 297, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141,
126 Stat. 405, 830; secs. 5401 and 7208 of Pub. L. 114-94, 129 Stat.
1312, 1546, 1593; and 49 CFR 1.87.

0
2. Amend Sec.  383.23 by revising paragraph (a)(1) to read as follows:

Sec.  383.23   Commercial driver's license.

    (a) General rule.
    (1) No person shall operate a commercial motor vehicle unless such
person has taken and passed knowledge and driving tests for a CLP or
CDL that meet the Federal standards contained in subparts F, G, and H
of this part for the commercial motor vehicle that person operates or
expects to operate.
* * * * *
0
3. Amend Sec.  383.77 by revising paragraph (a)(1) to read as follows:

Sec.  383.77   Substitute for driving skills tests for drivers with
military CMV experience.

* * * * *
    (a) * * *
    (1) Has not simultaneously held more than one civilian license (in
addition to a military license);
* * * * *
0
4. Amend Sec.  383.79 by revising the section heading and paragraph (b)
and adding paragraphs (c) through (e) to read as follows:

Sec.  383.79   Skills testing of out-of-state students; knowledge test
waivers for certain military personnel.

* * * * *
    (b) Knowledge test waivers for certain current or former military
service members applying for a CLP or CDL-- (1) In general.--For
certain current or former military service members, as defined in Sec.
383.5, who meet the conditions and limitations set forth in paragraph
(b)(2) of this section, a State may waive the requirement in Sec.
383.23(a)(1) that a CDL applicant must pass a knowledge test for a CLP
or CDL, including waiver of the knowledge required by Sec.  383.111.
    (2) Conditions and limitations.--A current or former military
service member applying for waiver of the knowledge test described in
paragraph (b)(1) of this section must certify and provide evidence
that, during the 1-year period immediately prior to the application,
he/she:
    (i) Is or was regularly employed in a military position requiring
operation of a CMV;
    (ii) Is operating a vehicle representative of the CMV the driver
applicant expects to operate upon separation from the military, or
operated such a vehicle immediately preceding separation from the
military;
    (iii) Has not simultaneously held more than one civilian license
(in addition to a military license);
    (iv) Has not had any license suspended, revoked, or cancelled;
    (v) Has not had any convictions for any type of motor vehicle for
the disqualifying offenses contained in Sec.  383.51(b);
    (vi) Has not had more than one conviction for any type of motor
vehicle for serious traffic violations contained in Sec.  383.51(c);
and
    (vii) Has not had any conviction for a violation of military, State
or local law relating to motor vehicle traffic control (other than a
parking violation) arising in connection with any traffic accident, and
has no record of an accident in which he/she was at fault.
    (c) Role of State of duty station.--A State where active duty
military service members are stationed, but not domiciled, may, upon
prior agreement with the State of domicile:
    (1) Accept an application for a CLP or CDL, including an
application for waiver of the knowledge test prescribed in paragraph
(b)(1)) of this section, from such a military service member who
    (i) Is regularly employed or was regularly employed within the last
year in a military position requiring operation of a CMV;
    (ii) Has a valid driver's license from his or her State of
domicile;
    (iii) Has a valid active duty military identification card; and
    (iv) Has a current copy of either the service member's military
leave and earnings statement, or his or her orders.
    (2) Either
    (i) Administer the knowledge and skills tests to the military
service member, as appropriate, in accordance with subparts F, G and H
of this part, if the State of domicile requires those tests; or
    (ii) Waive the knowledge and skills tests in accordance with Sec.
383.77 and this section, if the State of domicile has exercised the
option to waive those tests; and
    (3) Destroy the military service member's driver's license on
behalf of the State of domicile, unless the latter requires the
driver's license to be surrendered to its own driver licensing agency.
    (d) Requirement for electronic transmission.--The State of duty
station must transmit to the State of domicile by a direct, secure, and
efficient electronic system the completed application, any supporting
documents, and--if the State of domicile has not exercised its waiver
option--the results of any knowledge and skills administered.
    (e) Role of State of domicile.--Upon completion of the applicant's
application pursuant to Sec.  383.71 and any testing administered by
the State of duty station pursuant to Sec. Sec.  383.71 and 383.73, the
State of domicile of the military service member applying for a CLP or
CDL may
    (1) Accept the completed application, any supporting documents, and
the results of the knowledge and skills tests administered by the State
of duty station (unless waived at the discretion of the State of
domicile); and
    (2) Issue the applicant a CLP or CDL.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
5. The authority citation for part 384 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112-141, 126 Stat. 405, 830; sec. 5401 and 5524 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1560; and 49 CFR 1.87.

0
6. Add paragraph (l) to Sec.  384.301 to read as follows:

Sec.  384.301   Substantial compliance general requirements.

* * * * *
    (l) A State must come into substantial compliance with the
requirements of subpart B of this part and part 383 of this chapter in
effect as of [EFFECTIVE DATE OF FINAL RULE] as soon as practicable,
but, unless otherwise specifically provided in this part, not later
than [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].

    Issued under authority delegated in 49 CFR 1.87 on: June 6,
2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-12079 Filed 6-9-17; 8:45 am]
 BILLING CODE 4910-EX-P