Minimum Training Requirements for Entry-Level Commercial Drivers' License Applicants; Consideration of Negotiated Rulemaking Process, 49044-49045 [2014-19637]

Download as PDF 49044 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules member’s individual discount rate by its number of students, adding those figures for each member and then dividing by the total number of students in the consortium. Libraries that are consortium members shall substitute 50 square feet of library space for each student. * * * * * [FR Doc. 2014–18936 Filed 8–18–14; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 380, 383, and 384 [Docket No. FMCSA–2007–27748] RIN 2126–AB66 Minimum Training Requirements for Entry-Level Commercial Drivers’ License Applicants; Consideration of Negotiated Rulemaking Process Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of intent. AGENCY: FMCSA announces that the Agency is exploring the feasibility of conducting a negotiated rulemaking (Reg Neg) concerning entry-level training for drivers of commercial motor vehicles (CMVs). Specifically, the Agency is exploring a Reg Neg to implement the entry-level driver training (ELDT) provisions in the Moving Ahead for Progress in the 21st Century Act (MAP–21). The FMCSA has hired a convener to speak with interested parties about the feasibility of conducting of an ELDT Reg Neg. FMCSA anticipates that these interested parties may include driver organizations, CMV training organizations, motor carriers (of property and passengers) and industry associations, State licensing agencies, State enforcement agencies, labor unions, safety advocacy groups, and insurance companies. DATES: Please submit your comments no later than September 18, 2014. ADDRESSES: You may submit comments identified by docket number FMCSA– 2007–27748 using any one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. • Fax: 202–493–2251. • Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey wreier-aviles on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 14:49 Aug 18, 2014 Jkt 232001 Avenue SE., Washington, DC 20590– 0001. • Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email Mr. Richard Clemente, Transportation Specialist, FMCSA, Office of Bus and Truck Standards and Operations, 202–366–4325, mcpsd@ dot.gov. If you have questions on viewing or submitting material to the docket, call Ms. Barbara Hairston, Program Manager, Docket Operations, 202–366–3024, Barbara.Hairston@ dot.gov. SUPPLEMENTARY INFORMATION: In the early 1980s, the Federal Highway Administration’s (FHWA) Office of Motor Carriers, predecessor agency 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 driver 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 in 49 CFR Part 380, subpart E 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 (the Court) remanded the rule to the Agency for further consideration because the Court found that the decision to issue a rule that did not mandate behind the wheel training was not supported by the documentation in the rulemaking record—the final rule ignored the BTW training component covered by the 1995 Adequacy Report. Advocates for Highway and Auto Safety v. Federal Motor Carrier Safety Admin., 429 F.3d 1136, 1152 (D.C. Cir. 2005). On December 26, 2007, FMCSA published a Notice of Proposed Rulemaking (NPRM) seeking public PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 comment on enhanced ELDT requirements (72 FR 73226). The proposed rule would have applied to drivers who apply for a CDL beginning 3 years after a final rule went into effect. Following that date, persons applying for new or upgraded CDLs would have been required to successfully complete specified minimum classroom and BTW training from an accredited institution or program. The Agency proposed that the State driver-licensing agency issue a CDL only if the applicant presented a valid driver training certificate from an accredited institution or program. Following publication of the NPRM, the Agency reviewed the public responses to the proposal. Additionally, FMCSA held ELDT listening sessions on January 7, 2013 (ABA Marketplace), and March 22, 2013 (Mid-America Trucking Show). Finally, the Agency tasked its Motor Carrier Safety Advisory Committee (MCSAC) to provide ideas the Agency should consider in implementing the MAP–21 requirements. Based on the feedback received during the listening session and in light of the new requirements imposed by MAP–21, the Agency withdrew the 2007 NPRM on September 19, 2013 (78 FR 57585). Copies of the transcripts from the listening sessions and the MCSAC’s report are included in the docket referenced at the beginning of this document. FMCSA is now assessing the feasibility of using Reg Neg for this rulemaking. In a Reg Neg, an agency invites representatives of interested parties that are likely to be affected by a regulation to work with each other and the agency on a negotiating committee to develop a consensus draft of a proposed rule. If a consensus is reached, the Agency would then publish the proposal for public comment under customary regulatory procedures. FMCSA believes this cooperative problem-solving approach should be given serious consideration. To do so, the Agency must determine, among other statutory factors, whether an appropriate advisory committee can be assembled that would fairly represent all affected interests, will negotiate in good faith and whether consensus on the issues is likely. FMCSA has retained a neutral convener, Mr. Richard Parker from the University of Connecticut, School of Law, to undertake the initial stage in the Reg Neg process. Mr. Parker’s credentials have been placed in docket FMCSA–2007–27748 for the public’s convenience. The neutral convener will interview affected interests, including but not limited to, CMV driver organizations, E:\FR\FM\19AUP1.SGM 19AUP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Proposed Rules CMV training organizations, motor carriers (of property and passengers) and industry associations, State licensing agencies, State enforcement agencies, labor unions, safety advocacy groups, and insurance companies and associations. The convener will determine whether additional categories of interested parties may be necessary. The convenor will, among other things, examine the potential for adequate and balanced representation of these varied interests on an advisory committee that would be convened to negotiate the regulation. The convener will then submit a written ‘‘convening’’ report of findings and recommendations to the Agency, and the final report will be available to the public. The convener’s report will provide a basis for FMCSA to decide whether to proceed with a Reg Neg, and, if so, to determine the scope of the issues the committee would address. In the alternative, FMCSA may decide to forgo the Reg Neg and proceed with traditional notice-and-comment rulemaking. All interested parties are advised that the confidentiality provisions of the Administrative Dispute Resolution Act, 5 U.S.C. 574, will apply to the convener’s activities. The Federal Government will make no claim to the convener’s notes, memoranda, or recollections or to documents provided to the convener in confidence in the course of the convening process. The convenor will not interpret FMCSA or DOT policy on behalf of the Agency or the Department nor make decisions on items of policy, regulation, or statute. The convenor will not take a stand on the merits of substantive items under discussion. The FMCSA will provide the convener any comments it receives in reaction to this notice and will file the comments in docket FMCSA–2007– 27748. If you want to submit comments to this notice directly to the docket, use the addresses above under the heading ADDRESSES. Should the FMCSA decide to proceed with a Reg Neg process, the Agency will follow the procedures set forth in the Negotiated Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would include the mandatory publication of a notice of intent to solicit comment on membership and invite interested persons to apply for nomination to the committee. It also includes the establishment of a negotiating committee under the Federal Advisory Committee Act (5 U.S.C. Appendix 2). Issued under the authority of delegation in 49 CFR 1.87. VerDate Mar<15>2010 14:49 Aug 18, 2014 Jkt 232001 Dated: August 12, 2014. Anne S. Ferro, Administrator. [FR Doc. 2014–19637 Filed 8–15–14; 11:15 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R1–ES–2014–0025; 4500030113] Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Island Marble Butterfly as an Endangered Species Fish and Wildlife Service, Interior. ACTION: Notice of petition finding and initiation of status review. AGENCY: We, the U.S. Fish and Wildlife Service, announce our 90-day finding on a petition To list the island marble butterfly (Euchloe ausonides insulanus) as an endangered species under the Endangered Species Act of 1973 (Act), as amended. Based on our review, we find that the petition presents substantial scientific or commercial data indicating that the petitioned action may be warranted. Therefore, with the publication of this document, we are notifying the public that when resources become available, we will be conducting a review of the status of this subspecies to determine if the petitioned action is warranted. In order to assure that the best scientific and commercial data informs the status review and, if warranted, the subsequent listing determination, and to provide an opportunity for all interested parties to provide information for consideration for the status review, we are requesting information regarding the island marble butterfly. Based on the results of our status review, we will issue a 12-month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act. DATES: To allow us adequate time to conduct the status review, we request that we receive information no later than December 31, 2016. Information submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. ADDRESSES: You may submit information by one of the following methods: SUMMARY: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 49045 (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter docket number FWS–R1–ES– 2014–0025. You may submit information by clicking on ‘‘Comment Now!’’ If your information will fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our information review procedures. If you attach your information as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred format is a spreadsheet in Microsoft Excel. (2) By U.S. mail: Public Comments Processing, Attn: FWS–R1–ES–2014– 0025; U.S. Fish and Wildlife Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. We request that you send information only by the methods described above. We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Request for Information). FOR FURTHER INFORMATION CONTACT: Tom McDowell, Washington Fish and Wildlife Office, 510 Desmond Drive, Lacey, WA 98503; telephone 360–753– 9440; facsimile 360–534–9331. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Request for Information When we make a finding that a petition presents substantial information indicating that listing a species may be warranted, we are required to promptly review the status of the species (status review; also commonly referred to as a ‘‘12-month finding’’). For the status review to be complete and based on the best available scientific and commercial data, we request information on the island marble butterfly from governmental agencies, Native American tribes, the scientific community, industry, and any other interested parties. We seek information on: (1) The subspecies’ biology, range, and population trends, including: (a) Habitat requirements; (b) Genetics and taxonomy, with particular regard to the validity of the subspecies classification for Euchloe ausonides insulanus; (c) Historical and current range, including distribution patterns; (d) Historical and current population levels, and current and projected trends; E:\FR\FM\19AUP1.SGM 19AUP1

Agencies

[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Proposed Rules]
[Pages 49044-49045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19637]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[Docket No. FMCSA-2007-27748]
RIN 2126-AB66


Minimum Training Requirements for Entry-Level Commercial Drivers' 
License Applicants; Consideration of Negotiated Rulemaking Process

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

ACTION: Notice of intent.

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

SUMMARY: FMCSA announces that the Agency is exploring the feasibility 
of conducting a negotiated rulemaking (Reg Neg) concerning entry-level 
training for drivers of commercial motor vehicles (CMVs). Specifically, 
the Agency is exploring a Reg Neg to implement the entry-level driver 
training (ELDT) provisions in the Moving Ahead for Progress in the 21st 
Century Act (MAP-21). The FMCSA has hired a convener to speak with 
interested parties about the feasibility of conducting of an ELDT Reg 
Neg. FMCSA anticipates that these interested parties may include driver 
organizations, CMV training organizations, motor carriers (of property 
and passengers) and industry associations, State licensing agencies, 
State enforcement agencies, labor unions, safety advocacy groups, and 
insurance companies.

DATES: Please submit your comments no later than September 18, 2014.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2007-27748 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email Mr. Richard Clemente, Transportation 
Specialist, FMCSA, Office of Bus and Truck Standards and Operations, 
202-366-4325, mcpsd@dot.gov. If you have questions on viewing or 
submitting material to the docket, call Ms. Barbara Hairston, Program 
Manager, Docket Operations, 202-366-3024, Barbara.Hairston@dot.gov.

SUPPLEMENTARY INFORMATION: In the early 1980s, the Federal Highway 
Administration's (FHWA) Office of Motor Carriers, predecessor agency 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 driver 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 in 49 CFR Part 380, subpart E 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 (the Court) remanded the rule to the 
Agency for further consideration because the Court found that the 
decision to issue a rule that did not mandate behind the wheel training 
was not supported by the documentation in the rulemaking record--the 
final rule ignored the BTW training component covered by the 1995 
Adequacy Report. Advocates for Highway and Auto Safety v. Federal Motor 
Carrier Safety Admin., 429 F.3d 1136, 1152 (D.C. Cir. 2005).
    On December 26, 2007, FMCSA published a Notice of Proposed 
Rulemaking (NPRM) seeking public comment on enhanced ELDT requirements 
(72 FR 73226). The proposed rule would have applied to drivers who 
apply for a CDL beginning 3 years after a final rule went into effect. 
Following that date, persons applying for new or upgraded CDLs would 
have been required to successfully complete specified minimum classroom 
and BTW training from an accredited institution or program. The Agency 
proposed that the State driver-licensing agency issue a CDL only if the 
applicant presented a valid driver training certificate from an 
accredited institution or program.
    Following publication of the NPRM, the Agency reviewed the public 
responses to the proposal. Additionally, FMCSA held ELDT listening 
sessions on January 7, 2013 (ABA Marketplace), and March 22, 2013 (Mid-
America Trucking Show). Finally, the Agency tasked its Motor Carrier 
Safety Advisory Committee (MCSAC) to provide ideas the Agency should 
consider in implementing the MAP-21 requirements. Based on the feedback 
received during the listening session and in light of the new 
requirements imposed by MAP-21, the Agency withdrew the 2007 NPRM on 
September 19, 2013 (78 FR 57585). Copies of the transcripts from the 
listening sessions and the MCSAC's report are included in the docket 
referenced at the beginning of this document.
    FMCSA is now assessing the feasibility of using Reg Neg for this 
rulemaking. In a Reg Neg, an agency invites representatives of 
interested parties that are likely to be affected by a regulation to 
work with each other and the agency on a negotiating committee to 
develop a consensus draft of a proposed rule. If a consensus is 
reached, the Agency would then publish the proposal for public comment 
under customary regulatory procedures. FMCSA believes this cooperative 
problem-solving approach should be given serious consideration. To do 
so, the Agency must determine, among other statutory factors, whether 
an appropriate advisory committee can be assembled that would fairly 
represent all affected interests, will negotiate in good faith and 
whether consensus on the issues is likely.
    FMCSA has retained a neutral convener, Mr. Richard Parker from the 
University of Connecticut, School of Law, to undertake the initial 
stage in the Reg Neg process. Mr. Parker's credentials have been placed 
in docket FMCSA-2007-27748 for the public's convenience.
    The neutral convener will interview affected interests, including 
but not limited to, CMV driver organizations,

[[Page 49045]]

CMV training organizations, motor carriers (of property and passengers) 
and industry associations, State licensing agencies, State enforcement 
agencies, labor unions, safety advocacy groups, and insurance companies 
and associations. The convener will determine whether additional 
categories of interested parties may be necessary. The convenor will, 
among other things, examine the potential for adequate and balanced 
representation of these varied interests on an advisory committee that 
would be convened to negotiate the regulation. The convener will then 
submit a written ``convening'' report of findings and recommendations 
to the Agency, and the final report will be available to the public. 
The convener's report will provide a basis for FMCSA to decide whether 
to proceed with a Reg Neg, and, if so, to determine the scope of the 
issues the committee would address. In the alternative, FMCSA may 
decide to forgo the Reg Neg and proceed with traditional notice-and-
comment rulemaking.
    All interested parties are advised that the confidentiality 
provisions of the Administrative Dispute Resolution Act, 5 U.S.C. 574, 
will apply to the convener's activities. The Federal Government will 
make no claim to the convener's notes, memoranda, or recollections or 
to documents provided to the convener in confidence in the course of 
the convening process.
    The convenor will not interpret FMCSA or DOT policy on behalf of 
the Agency or the Department nor make decisions on items of policy, 
regulation, or statute. The convenor will not take a stand on the 
merits of substantive items under discussion.
    The FMCSA will provide the convener any comments it receives in 
reaction to this notice and will file the comments in docket FMCSA-
2007-27748. If you want to submit comments to this notice directly to 
the docket, use the addresses above under the heading ADDRESSES.
    Should the FMCSA decide to proceed with a Reg Neg process, the 
Agency will follow the procedures set forth in the Negotiated 
Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would include the 
mandatory publication of a notice of intent to solicit comment on 
membership and invite interested persons to apply for nomination to the 
committee. It also includes the establishment of a negotiating 
committee under the Federal Advisory Committee Act (5 U.S.C. Appendix 
2).

    Issued under the authority of delegation in 49 CFR 1.87.

    Dated: August 12, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-19637 Filed 8-15-14; 11:15 am]
BILLING CODE 4910-EX-P