Commercial Driver's License: Virginia Department of Motor Vehicles; Application for Exemption

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Choosing an item from suggestions will bring you directly to the content. Thank you for taking the time to create a comment. Your input is important. Once you have filled in the required fields below you can preview and/or submit your comment to the Transportation Department for review. All comments are considered public and will be posted online once the Transportation Department has reviewed them. Comments must be received on or before July 17, 2026. Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect. This PDF is FR Doc. 2026-12173 as it appeared on Public Inspection on 06/16/2026 at 8:45 am. It was viewed 18 times while on Public Inspection. If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507. Learn more here. Published Document: 2026-12173 (91 FR 36648) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of application for exemption; request for comments. SUMMARY: FMCSA requests public comment on the application of the Virginia Department of Motor Vehicles (VA DMV) for an exemption from the Commercial Driver's License (CDL) requirements to permit the Commonwealth of Virginia to extend the validity of CDLs and Commercial Learner's Permits (CLPs) during State-declared emergencies. FMCSA is required by statute to publish a notice explaining each exemption request. This notice does not indicate what decision FMCSA will ultimately reach on the request. After reviewing the application, safety analyses, and public comments submitted, FMCSA will grant or deny the exemption. DATES: Comments must be received on or before July 17, 2026. ADDRESSES: You may submit comments identified by Docket Number FMCSA-2026-0892 by any of the following methods: Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, West Building, Washington, DC 20590-0001. Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-213, West Building, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: (202) 493-2251. Each submission must include the Agency name and the docket number (FMCSA-2026-0892) for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits comments from the public to better inform its exemption process. DOT posts these comments, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the name of the submitter. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, richard.clemente@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. A. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2026-0892), indicate the specific section of this document to which the comment applies, and provide a reason for your suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. 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. FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. B. Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at brian.g.dahlin@dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice. C. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, insert FMCSA-2026-0892 in the keyword box, select the document tab and choose the document to review. To view comments, click this notice, then click “Browse Comments.” If you do not have access to the internet, you may view the docket by visiting Dockets Operations in room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE, West Building, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from 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 ( printed page 36649) opportunity to inspect the information relevant to the application, including the applicant's safety analysis. The Agency must provide an opportunity for public comment on the request. The Agency reviews the application, safety analyses, and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to the standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)). III. Applicant's Request Current Regulatory Requirements Under 49 CFR 383.25(c), a CLP must be valid for no more than one year from the initial date of issuance without requiring the holder to retake general and endorsement knowledge tests. CLPs issued for less than a year may be renewed, but the total validity cannot exceed one year from the initial issuance date. Sections 383.73(b), (c), (d), and (e) set forth requirements for State Driver Licensing Agencies (SDLAs) to issue, transfer, renew, or upgrade, a CDL. The SDLA cannot make a CDL valid for more than 8 years from the date of issuance. Under 49 CFR 390.23(b), an emergency declared by the Governor of a State triggers automatic relief from the hours-of-service requirements in 49 CFR 395.3 and 395.5 to a motor carrier or driver providing direct assistance during the emergency. The automatic relief does not extend to the CDL requirements in 49 CFR part 383. Applicant's Request The VA DMV seeks an exemption from the requirements in 49 CFR 383.25(c) and 49 CFR 383.73(b), (c), (d), and (e), to permit the Commonwealth of Virginia to extend the validity of CDLs and CLPs during declared emergencies. Specifically, the VA DMV seeks to extend the validity of CDLs and CLPs for up to 90 days when the Governor has: (1) declared a state of emergency; or (2) issued an executive order or directive expressly authorizing extensions of CDLs and CLPs. The requested exemption would not apply to non-domiciled CDLs or CLPs issued pursuant to 49 CFR 383.71(f). The exemption would apply only to individuals who were issued a CDL or CLP after previously presenting proof of citizenship or lawful permanent residency as listed in Table 1 to 49 CFR 383.71. According to the VA DMV, during declared states of emergency, including severe weather events, natural disasters, and other statewide disruptions, access to DMV facilities and services may be significantly limited. Such disruptions may include temporary office closures, reduced staffing levels, system outages, travel restrictions, and other safety concerns affecting in-person services, which may prevent otherwise qualified commercial drivers from completing timely renewals through no fault of their own. Commercial drivers may face the loss of driving privileges due to circumstances beyond their control, which may result in workforce shortages and disruptions to the transportation of essential goods and services, particularly during emergency response and recovery efforts. Virginia Code 46.2-330(A) and 46.2-223(15) authorize the Commissioner to extend the validity of expiring driver's licenses for up to 90 days when the DMV is unable to process renewals due to circumstances beyond its control and such action is authorized by the Governor during a declared emergency. However, the applicant notes that this authority does not extend to CDLs due to Federal requirements. Applicant's Equivalent Level of Safety The VA DMV believes the exemption would not compromise safety. The applicant explains that it will implement internal administrative controls to ensure appropriate use of this exemption, if granted, including system tracking of extended credentials, documentation of emergency declarations and executive directives, record retention, and audit capability. The VA DMV indicates that all records will be made available to FMCSA upon request. The applicant indicates that it has a strong history of administering federally regulated programs in compliance with FMCSA standards and has successfully operated under prior exemptions, including those related to the Skills Performance Evaluation program. VA DMV states that the exemption would provide it with limited and carefully controlled flexibility to respond to extraordinary circumstances while maintaining a level of safety that is equivalent to or greater than that provided under existing Federal regulations. A copy of VA DMV's application for exemption is available for review in the docket for this notice. IV. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on VA DMV's application for an exemption to permit the Commonwealth of Virginia to temporarily extend the validity of CDLs and CLPs during declared emergencies. All comments received before the close of business on the comment closing date 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.