Entry-Level Driver Training; Public Listening Session, 75491-75492 [2012-30641]

Download as PDF Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices • Demonstrated value of investment to FMCSA and DOT; • Items about the FMCSA Portal that customers like best; • Customer ideas for making the FMCSA Portal better. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued on: December 10, 2012. Kelly Leone, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2012–30638 Filed 12–19–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–27748] Entry-Level Driver Training; Public Listening Session Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of public listening session. AGENCY: FMCSA announces that it will hold a public listening session to solicit ideas and information on the issue of entry-level training for drivers of commercial motor vehicles (CMVs). Specifically, the Agency solicits input on factors, issues, and data it should consider in anticipation of a rulemaking to implement the entry-level driver training (ELDT) provisions in the Moving Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP–21). Wherever possible, the Agency requests that participants indicate whether the ideas identified are supported by research and data analyses, including cost/benefit considerations. The session, which will be held at the American Bus Association (ABA) Marketplace meeting in Charlotte, NC, will allow interested persons to present comments and relevant new research on ELDT. All comments will be transcribed and placed in the docket referenced above for FMCSA’s consideration. The entire day’s proceedings will be webcast. tkelley on DSK3SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:07 Dec 19, 2012 Jkt 229001 The listening session will be held on Monday, January 7, 2013, from 9:00–11:00 a.m. and from 2:00–4:00 p.m., ET. If all interested in-person participants have had an opportunity to comment, the session may conclude earlier. DATES: The listening session will be held at the Charlotte Convention Center, 501 S. College Street, Charlotte, NC 28202, (704) 339–6000, in Room 207 A and B. In addition to attending the session in person, the Agency offers several ways to provide comments, as enumerated below. Internet Address for Live Webcast. FMCSA will post specific information on how to participate via the Internet on the FMCSA Web site at www.fmcsa.dot.gov/rules-regulations/ topics/hos/HOS-ListeningSessions.aspx. You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA–2007–27748 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line 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., ET, Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received, without change, to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. If you would like acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments ADDRESSES: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 75491 received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http:// edocket.access.gpo.gov/2008/pdf/E8785.pdf. For information concerning the listening session or the live webcast, please contact Ms. Shannon L. Watson, Senior Advisor for Policy, FMCSA, (202) 385– 2395. If you need sign language assistance to participate in this HOS listening session, contact Ms. Watson by Wednesday, January 2, 2013, to allow us to arrange for such services. FMCSA cannot guarantee that interpreter services requested on short notice will be provided. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background In the early 1980s, the Federal Highway Administration (FHWA) Office of Motor Carriers, predecessor to the FMCSA, determined that there was a need for technical guidance in the area of truck driver training. Research showed that few driver training institutions offered a structured curriculum or a standardized training program for any type of CMV driver. A 1995 study entitled ‘‘Assessing the Adequacy of Commercial Motor Vehicle Driver Training’’ (the Adequacy Report) concluded, among other things, that effective ELDT needs to include behindthe-wheel (BTW) instruction on how to operate a heavy vehicle. In 2004, FMCSA implemented a training rule that focused on areas unrelated to the hands-on operation of a CMV, relying instead on the commercial driver’s license (CDL) knowledge and skills tests to encourage training in the operation of CMVs. These current training regulations cover four areas: (1) Driver qualifications; (2) hours of service limitations; (3) wellness; and (4) whistleblower protection. In 2005, the U.S. Court of Appeals for the District of Columbia Circuit held that the Agency was arbitrary and capricious in promulgating the 2004 rule because it ignored the BTW training component aspect of the 1995 Adequacy Report. In 2007, FMCSA published a Notice of Proposed Rulemaking (NPRM) seeking public comment on enhanced ELDT requirements (72 FR 73226). In E:\FR\FM\20DEN1.SGM 20DEN1 75492 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices the NPRM, FMCSA proposed revisions to the standards for mandatory training requirements for entry-level operators of CMVs in interstate operations who are required to possess a CDL. The proposal would apply to drivers who apply for a CDL beginning 3 years after a final rule goes into effect. Following that date, persons applying for new or upgraded CDLs would be required to successfully complete specified minimum classroom and BTW training from an accredited institution or program. The FMCSA proposed that the State driver-licensing agency would issue a CDL only if the applicant presented a valid driver training certificate obtained from an accredited institution or program. The Agency indicated the rulemaking would strengthen the Agency’s ELDT requirements in response to the 2005 DC Circuit Court decision. Since the publication of the NPRM, the Agency has completed its review of the public responses to the proposal and initiated new research concerning driver training. The Agency has also begun exploring new alternatives for mining Motor Carrier Safety Management Information System (MCMIS) data and Commercial Driver’s License Information System (CDLIS) data to attempt to assess the safety performance of new CDL holders compared to that of more experienced CDL holders. In addition, in response to the public comments, the Agency has reexamined the regulatory options presented in the 2007 NPRM, as well as its estimates of the driver population who would be subject to the requirements. As a result, the Agency has concluded that additional stakeholder input will be useful in determining the most appropriate path forward for an ELDT rulemaking. Section 32304 of MAP–21 requires that FMCSA issue final ELDT regulations by October 1, 2013, establishing minimum ELDT requirements for operators of CMVs. The listening session at the ABA’s Marketplace will provide an opportunity for motorcoach operators and other interested parties to share with FMCSA their ideas, especially as they relate to the training needs for individuals seeking a passenger endorsement. tkelley on DSK3SPTVN1PROD with II. Meeting Participation and Information FMCSA Seeks From the Public The listening session is open to the public. Speakers’ remarks will be limited to 5 minutes each. No preregistration is required. The public may submit material to the FMCSA staff at VerDate Mar<15>2010 16:07 Dec 19, 2012 Jkt 229001 the session for inclusion in the public docket, FMCSA–2007–27748. III. Alternative Media Broadcasts During and Immediately After the Listening Session on January 7, 2013 FMCSA will webcast the listening session on the Internet. The telephone access number and other information on how to participate via the Internet will be posted on the FMCSA Web site at www.fmcsa.dot.gov/rules-regulations/ topics/hos/HOS-ListeningSessions.aspx. FMCSA will docket the transcripts of the webcast and a separate transcription of the listening session that will be prepared by an official court reporter. Issued on: December 12, 2012. Larry W. Minor, Associate Administrator for Policy. comments, go to http:// www.regulations.gov and/or 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., Monday through Friday, except Federal holidays. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. SUMMARY: Background On October 18, 2012, FMCSA published a notice of receipt of Federal diabetes exemption applications from 16 individuals and requested comments from the public (77 FR 64181). The public comment period closed on November 19, 2012, and one comment was received. FMCSA has evaluated the eligibility of the 16 applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction [FR Doc. 2012–30641 Filed 12–19–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2012–0283] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 16 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective December 20, 2012. The exemptions expire on December 20, 2014. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75491-75492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30641]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27748]


Entry-Level Driver Training; Public Listening Session

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

ACTION: Notice of public listening session.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it will hold a public listening session 
to solicit ideas and information on the issue of entry-level training 
for drivers of commercial motor vehicles (CMVs). Specifically, the 
Agency solicits input on factors, issues, and data it should consider 
in anticipation of a rulemaking to implement the entry-level driver 
training (ELDT) provisions in the Moving Ahead for Progress in the 21st 
Century Act, Public Law 112-141 (MAP-21). Wherever possible, the Agency 
requests that participants indicate whether the ideas identified are 
supported by research and data analyses, including cost/benefit 
considerations. The session, which will be held at the American Bus 
Association (ABA) Marketplace meeting in Charlotte, NC, will allow 
interested persons to present comments and relevant new research on 
ELDT. All comments will be transcribed and placed in the docket 
referenced above for FMCSA's consideration. The entire day's 
proceedings will be webcast.

DATES: The listening session will be held on Monday, January 7, 2013, 
from 9:00-11:00 a.m. and from 2:00-4:00 p.m., ET. If all interested in-
person participants have had an opportunity to comment, the session may 
conclude earlier.

ADDRESSES: The listening session will be held at the Charlotte 
Convention Center, 501 S. College Street, Charlotte, NC 28202, (704) 
339-6000, in Room 207 A and B. In addition to attending the session in 
person, the Agency offers several ways to provide comments, as 
enumerated below.
    Internet Address for Live Webcast. FMCSA will post specific 
information on how to participate via the Internet on the FMCSA Web 
site at www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx.
    You may submit comments bearing the Federal Docket Management 
System (FDMS) Docket ID FMCSA-2007-27748 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line 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., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received, without 
change, to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal document management system 
is available 24 hours each day, 365 days each year. If you would like 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System published in the Federal Register on January 17, 2008 
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
listening session or the live webcast, please contact Ms. Shannon L. 
Watson, Senior Advisor for Policy, FMCSA, (202) 385-2395.
    If you need sign language assistance to participate in this HOS 
listening session, contact Ms. Watson by Wednesday, January 2, 2013, to 
allow us to arrange for such services. FMCSA cannot guarantee that 
interpreter services requested on short notice will be provided.

SUPPLEMENTARY INFORMATION:

I. Background

    In the early 1980s, the Federal Highway Administration (FHWA) 
Office of Motor Carriers, predecessor to the FMCSA, determined that 
there was a need for technical guidance in the area of truck driver 
training. Research showed that few driver training institutions offered 
a structured curriculum or a standardized training program for any type 
of CMV driver. A 1995 study entitled ``Assessing the Adequacy of 
Commercial Motor Vehicle Driver Training'' (the Adequacy Report) 
concluded, among other things, that effective ELDT needs to include 
behind-the-wheel (BTW) instruction on how to operate a heavy vehicle.
    In 2004, FMCSA implemented a training rule that focused on areas 
unrelated to the hands-on operation of a CMV, relying instead on the 
commercial driver's license (CDL) knowledge and skills tests to 
encourage training in the operation of CMVs. These current training 
regulations cover four areas: (1) Driver qualifications; (2) hours of 
service limitations; (3) wellness; and (4) whistleblower protection. In 
2005, the U.S. Court of Appeals for the District of Columbia Circuit 
held that the Agency was arbitrary and capricious in promulgating the 
2004 rule because it ignored the BTW training component aspect of the 
1995 Adequacy Report.
    In 2007, FMCSA published a Notice of Proposed Rulemaking (NPRM) 
seeking public comment on enhanced ELDT requirements (72 FR 73226). In

[[Page 75492]]

the NPRM, FMCSA proposed revisions to the standards for mandatory 
training requirements for entry-level operators of CMVs in interstate 
operations who are required to possess a CDL. The proposal would apply 
to drivers who apply for a CDL beginning 3 years after a final rule 
goes into effect. Following that date, persons applying for new or 
upgraded CDLs would be required to successfully complete specified 
minimum classroom and BTW training from an accredited institution or 
program. The FMCSA proposed that the State driver-licensing agency 
would issue a CDL only if the applicant presented a valid driver 
training certificate obtained from an accredited institution or 
program. The Agency indicated the rulemaking would strengthen the 
Agency's ELDT requirements in response to the 2005 DC Circuit Court 
decision.
    Since the publication of the NPRM, the Agency has completed its 
review of the public responses to the proposal and initiated new 
research concerning driver training. The Agency has also begun 
exploring new alternatives for mining Motor Carrier Safety Management 
Information System (MCMIS) data and Commercial Driver's License 
Information System (CDLIS) data to attempt to assess the safety 
performance of new CDL holders compared to that of more experienced CDL 
holders. In addition, in response to the public comments, the Agency 
has reexamined the regulatory options presented in the 2007 NPRM, as 
well as its estimates of the driver population who would be subject to 
the requirements. As a result, the Agency has concluded that additional 
stakeholder input will be useful in determining the most appropriate 
path forward for an ELDT rulemaking.
    Section 32304 of MAP-21 requires that FMCSA issue final ELDT 
regulations by October 1, 2013, establishing minimum ELDT requirements 
for operators of CMVs. The listening session at the ABA's Marketplace 
will provide an opportunity for motorcoach operators and other 
interested parties to share with FMCSA their ideas, especially as they 
relate to the training needs for individuals seeking a passenger 
endorsement.

II. Meeting Participation and Information FMCSA Seeks From the Public

    The listening session is open to the public. Speakers' remarks will 
be limited to 5 minutes each. No pre-registration is required. The 
public may submit material to the FMCSA staff at the session for 
inclusion in the public docket, FMCSA-2007-27748.

III. Alternative Media Broadcasts During and Immediately After the 
Listening Session on January 7, 2013

    FMCSA will webcast the listening session on the Internet. The 
telephone access number and other information on how to participate via 
the Internet will be posted on the FMCSA Web site at www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx.
    FMCSA will docket the transcripts of the webcast and a separate 
transcription of the listening session that will be prepared by an 
official court reporter.

    Issued on: December 12, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30641 Filed 12-19-12; 8:45 am]
BILLING CODE 4910-EX-P