Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators; Public Listening Session, 13607-13609 [2013-04487]
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS
at 231.205–6 to implement the Director
of Defense Pricing policy memo
‘‘Unallowable Costs for Ineligible
Dependent Health Care Benefits, dated
February 17, 2012. The rule adds
paragraph 231.205–6(m)(1) to explicitly
state that fringe benefit costs incurred or
estimated that are contrary to law,
employer-employee agreement, or an
established policy of the contractor are
unallowable.
FAR 42.709, which implements 10
U.S.C. 2324(a) through (d) and 41 U.S.C.
4303, covers the assessment of penalties
against contractors that include
unallowable indirect costs in final
indirect cost rate proposals or the final
statement of costs incurred or estimated
to be incurred under a fixed-price
incentive contract. The section applies
to all contracts in excess of $700,000,
except fixed-price contracts without
cost incentives or firm-fixed-price
contracts for the purchase of
commercial items. FAR 42.709–1(a)
provides penalties that apply if the
indirect cost is expressly unallowable
under a cost principle in the FAR, or an
executive agency supplement to the
FAR.
FAR 31.205–6(m) states that the costs
of fringe benefits (which include
employee health care benefits) are
allowable to the extent that they are
reasonable and are required by law,
employer-employee agreement, or an
established policy of the contractor.
Although fringe benefit costs that do not
meet these criteria are not allowable, the
FAR does not make them expressly
unallowable. Specifying these fringe
benefit costs as expressly unallowable
in the DFARS makes it clear that the
penalties at FAR 42.709–1 are
applicable if a contractor includes such
unallowable fringe benefit costs in a
final indirect cost rate proposal or in the
final statement of costs incurred or
estimated to be incurred under a fixedprice incentive contract.
srobinson on DSK4SPTVN1PROD with PROPOSALS
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
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16:47 Feb 27, 2013
Jkt 229001
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Information
and Regulatory Affairs has determined
that this is not a significant regulatory
action and, therefore, was not subject to
review under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because this rule will only
impact entities that are submitting
covered proposals containing
unallowable indirect fringe benefit
costs. FAR 31.205–6(m) already states
what fringe benefit costs are allowable.
This rule provides explicit clarification
that fringe benefit costs incurred or
estimated that are contrary to law,
employer-employee agreement, or an
established policy of the contractor are
unallowable. If this rule takes effect, the
penalties at FAR 42.709–1 will apply to
any entity that includes such
unallowable indirect charges in a final
indirect cost rate proposal or the final
statement of costs incurred or estimated
to be incurred under a fixed-price
incentive contract for a contract that
exceeds $700,000.
At this time, DoD is unable to
estimate the number of small entities to
which this rule will apply. According to
FPDS date for FY 2012, there were
approximately 3000 contract awards
exceeding $700,000 to small entities,
excluding fixed-price contracts without
cost incentives or any firm-fixed–price
contract for the purchase of commercial
items. We estimate that a very small
percentage of the entities receiving these
awards would be submitting covered
proposals containing unallowable fringe
benefit costs. DoD invites comments
from small business concerns and other
interested parties on the expected
impact of this rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
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Frm 00059
Fmt 4702
Sfmt 4702
13607
U.S.C. 610 (DFARS Case 2012–D038) in
correspondence.
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 231.
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 231 as follows:
PART 231—CONTRACT COST
PRINCIPLES AND PROCEDURES
1. The authority citation for 48 CFR
part 231 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 231.205–6 is amended by
adding paragraph (m)(1) to read as
follows:
■
231.205–6
services.
Compensation for personal
*
*
*
*
*
(m)(1) Fringe benefit costs incurred or
estimated that are contrary to law,
employer-employee agreement, or an
established policy of the contractor are
unallowable.
[FR Doc. 2013–04353 Filed 2–27–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 380, 383, and 384
[Docket No. FMCSA–2007–27748]
Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators; 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
SUMMARY:
E:\FR\FM\28FEP1.SGM
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srobinson on DSK4SPTVN1PROD with PROPOSALS
13608
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
training (ELDT) provisions in the
Moving Ahead for Progress in the 21st
Century Act. Wherever possible, the
Agency requests that participants
indicate whether the ideas identified are
supported by research or data analyses,
including cost/benefit considerations.
The entire day’s proceedings will be
webcast.
DATES: The listening session will be
held on Friday, March 22, 2013, from 1–
5 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 Kentucky Exposition
Center, 937 Phillips Lane, Louisville,
KY 40209, 502–367–5000, in Room
C101. 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 one week before the
listening session.
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 online Federal document
management system is available 24
hours each day, 365 days each year. If
you would like acknowledgment that
VerDate Mar<15>2010
16:47 Feb 27, 2013
Jkt 229001
the Agency 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 December 29, 2010
(75 FR 82132).
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 ELDT listening
session, contact Ms. Watson by Monday,
March 18, 2013, to allow us to arrange
for such services. FMCSA cannot
guarantee that interpreter services
requested on short notice will be
provided.
The
session will allow interested persons to
present comments and relevant new
research on ELDT. All comments will be
transcribed and placed in docket
FMCSA–2007–27748 for FMCSA’s
consideration.
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 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
PO 00000
Frm 00060
Fmt 4702
Sfmt 4702
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.
On December 26, 2007, FMCSA
published a Notice of Proposed
Rulemaking (NPRM) seeking public
comment on enhanced ELDT
requirements (72 FR 73226). In 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 MidAmerica Truck Show 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
E:\FR\FM\28FEP1.SGM
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
AGENCY:
proposes to add new categorical
exclusions for projects within an
existing operational right-of-way and
projects receiving limited Federal
funding, as described in MAP–21. The
Agencies seek comments on the
proposals contained in this document.
DATES: Comments must be received on
or before April 29, 2013.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001;
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Ave. SE., between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is (202) 366–9329;
• Instructions: You must include the
agency name and docket number or the
Regulatory Identification Number (RIN)
for the rulemaking at the beginning of
your comments. All comments received
will be posted without change to
https://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: For
FHWA: Kreig Larson, Office of Project
Delivery and Environmental Review
(HEPE), (202) 366–2056, or Jomar
Maldonado, Office of the Chief Counsel
(HCC), (202) 366–1373, Federal
Highway Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590–
0001. For FTA: Megan Blum, Office of
Planning and Environment (TPE), (202)
366–0463, or Dana Nifosi, Office of
Chief Counsel (TCC), (202) 366–4011.
Office hours are from 8:00 a.m. to 4:30
p.m. e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
This NPRM provides
interested parties with the opportunity
to comment on proposed changes to the
Federal Highway Administration
(FHWA) and the Federal Transit
Administration’s (FTA) joint procedures
that implement the National
Environmental Policy Act (NEPA). The
revisions are prompted by enactment of
the Moving Ahead for Progress in the
21st Century Act (MAP–21). This NPRM
Background
On July 6, 2012, President Obama
signed into law MAP–21 (Pub. L. 112–
141, 126 Stat. 405), which contains new
requirements that the Secretary of
Transportation must meet. Sections
1316 and 1317 require the Secretary to
promulgate regulations designating two
types of actions as categorically
excluded under 23 CFR 771.117(c) from
the requirement under 40 CFR 1508.4 to
prepare an environmental assessment
(EA) or environmental impact statement
(EIS): (1) Any project (as defined in 23
U.S.C. 101(a)) within an existing
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 preregistration 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 March 22, 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 one week before the
listening session.
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: February 20, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–04487 Filed 2–27–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 771
Federal Transit Administration
49 CFR Part 622
[Docket No. FHWA–2012–0007]
FHWA RIN 2125–AF48
FTA RIN 2132–AB05
Environmental Impact and Related
Procedures
Federal Highway
Administration, Federal Transit
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
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16:47 Feb 27, 2013
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13609
operational right-of-way and (2) any
project that receives less than
$5,000,000 of Federal funds or with a
total estimated cost of not more than
$30,000,000 and Federal funds
comprising less than 15 percent of the
total estimated project cost. Since MAP–
21’s enactment, FTA established 23 CFR
771.118 and is therefore proposing to
designate the two new categorical
exclusions in section 771.118(c). The
FHWA and FTA, hereafter referred to as
the ‘‘Agencies,’’ are carrying out this
rulemaking on behalf of the Secretary.
General Discussion of the Proposals
This NPRM proposes to revise 23 CFR
771.117(c) and 23 CFR 771.118(c) by
designating new categorical exclusion
(CE) provisions mandated by Congress
under sections 1316 and 1317 of MAP–
21. The Council on Environmental
Quality’s (CEQ) guidance, Establishing,
Applying, and Revising Categorical
Exclusions under the National
Environmental Policy Act (75 FR 75628,
December 6, 2010), makes
recommendations on procedures for
establishing CEs in accordance with
section 1507.3 of the CEQ NEPA
implementing regulations. The CEQ
guidance clarifies that the establishment
and use of CEs called for by statute are
governed by the terms of the specific
legislation and subsequent
interpretation by the agencies charged
with the implementation of the statute
(75 FR at 75631 (Footnote 6)). Sections
1316 and 1317 of MAP–21 describe the
actions and projects that must be the
subject of a rulemaking to categorically
exclude those actions and projects from
further NEPA analysis when there are
no unusual circumstances, and this
NPRM focuses on the Agencies’
implementation and interpretations of
those provisions. The Agencies are
proposing two CEs that use the statutory
language provided under sections 1316
and 1317 along with some clarifying
language where the Agencies believe
such language is needed to achieve the
overall purposes of sections 1316 and
1317, or to avoid confusion in program
administration.
Actions that are within the scope of
designated CEs in 23 CFR 771.117(c)
and 771.118(c) normally do not require
any further NEPA analysis by the
Agencies. Such actions only need a
record in the project file that confirms
the action fits the description of the CE
and, in accordance with 23 CFR
771.117(b) and 771.118(b), that no
unusual circumstances exist that require
environmental studies to determine
whether the CE classification is proper
or whether further NEPA analysis and
documentation is necessary. Examples
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]]>Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13607-13609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04487]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 380, 383, and 384
[Docket No. FMCSA-2007-27748]
Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators; 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
[[Page 13608]]
training (ELDT) provisions in the Moving Ahead for Progress in the 21st
Century Act. Wherever possible, the Agency requests that participants
indicate whether the ideas identified are supported by research or data
analyses, including cost/benefit considerations. The entire day's
proceedings will be webcast.
DATES: The listening session will be held on Friday, March 22, 2013,
from 1-5 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 Kentucky
Exposition Center, 937 Phillips Lane, Louisville, KY 40209, 502-367-
5000, in Room C101. 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 one week before the listening session.
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 online Federal document management system
is available 24 hours each day, 365 days each year. If you would like
acknowledgment that the Agency 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 December 29,
2010 (75 FR 82132).
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 ELDT
listening session, contact Ms. Watson by Monday, March 18, 2013, to
allow us to arrange for such services. FMCSA cannot guarantee that
interpreter services requested on short notice will be provided.
SUPPLEMENTARY INFORMATION: The session will allow interested persons to
present comments and relevant new research on ELDT. All comments will
be transcribed and placed in docket FMCSA-2007-27748 for FMCSA's
consideration.
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.
On December 26, 2007, FMCSA published a Notice of Proposed
Rulemaking (NPRM) seeking public comment on enhanced ELDT requirements
(72 FR 73226). In 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 Mid-America Truck
Show 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
[[Page 13609]]
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 March 22, 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
one week before the listening session.
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: February 20, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-04487 Filed 2-27-13; 8:45 am]
BILLING CODE 4910-EX-P
