Minimum Training Requirements for Entry-Level Driver Commercial Motor Vehicle Operators; Establishment of a Negotiated Rulemaking Committee, 73273-73276 [2014-28919]

Download as PDF Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947–4125, vineyard.christine@ epa.gov. This proposal addresses the following local rules: AVAQMD Rule 403, Fugitive Dust, and SCAQMD Rule 1140, Abrasive Blasting. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. mstockstill on DSK4VPTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: Dated: November 3, 2014. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2014–28801 Filed 12–9–14; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:37 Dec 09, 2014 Jkt 235001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2010–1041 and EPA–HQ– OAR–2010–1042; FRL–9920–26–OAR] RIN 2060–AQ90 NESHAP Risk and Technology Review for the Mineral Wool and Wool Fiberglass Industries; NESHAP for Wool Fiberglass Area Sources; Extension of Comment Period Environmental Protection Agency. ACTION: Supplemental notice of proposed rulemaking; extension of public comment period. AGENCY: The Environmental Protection Agency (EPA) is announcing that the period for providing public comments on the November 13, 2014, supplemental proposed rule titled ‘‘NESHAP Risk and Technology Review for the Mineral Wool and Wool Fiberglass Industries; NESHAP for Wool Fiberglass Area Sources’’ is being extended for 30 days. DATES: Comments. The public comment period for the supplemental proposed rule published in the Federal Register on November 13, 2014 (79 FR 68012), is being extended for 30 days to January 14, 2015. ADDRESSES: Comments. Written comments on the supplemental proposed rule may be submitted to EPA electronically, by mail, by facsimile or through hand delivery/courier. Please refer to the supplemental proposal (79 FR 68012) for the addresses and detailed instructions. Docket. Publicly available documents relevant to this action are available for public inspection either electronically at https://www.regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. A reasonable fee may be charged for copying. The official public docket for these rulemakings are Docket ID Nos. EPA–HQ–OAR–2010–1041 (Mineral Wool Production) and EPA– HQ–OAR–2010–1042 (Wool Fiberglass Manufacturing). World Wide Web. The EPA Web site for these rulemakings is https:// www.epa.gov/ttn/atw/minwool/ minwopg.html. FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, Minerals and Manufacturing Group (D243–04), Sector SUMMARY: PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 73273 Policies and Programs Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919) 541– 5167; Fax number (919) 541–5450; Email address: fairchild.susan@epa.gov. SUPPLEMENTARY INFORMATION: Comment Period After considering the request received from North American Insulation Manufacturers Association (NAIMA) to extend the public comment period, the EPA has decided to extend the public comment period for an additional 30 days. Therefore, the public comment period will end on January 14, 2015, rather than December 15, 2014. This extension will help ensure that the public has sufficient time to review the proposed rule and the supporting technical documents and data available in the docket. Dated: December 4, 2014. Mary E. Henigin, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. 2014–28820 Filed 12–9–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 380 [Docket No. FMCSA–2007–27748] Minimum Training Requirements for Entry-Level Driver Commercial Motor Vehicle Operators; Establishment of a Negotiated Rulemaking Committee Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Intent to Establish the Entry-Level Driver Training Advisory Committee (ELDTAC); Solicitation of Applications and Nominations for Membership. AGENCY: The FMCSA announces its intent to establish a negotiated rulemaking (‘‘Reg Neg’’) committee to negotiate and develop proposed regulations to implement section 32304 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) concerning entry-level driver training (ELDT) for commercial motor vehicles (CMV) operating in interstate or intrastate commerce. The committee will include representatives of organizations or groups with interests that are affected significantly by the subject matter of the proposed regulations. The FMCSA SUMMARY: E:\FR\FM\10DEP1.SGM 10DEP1 73274 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules anticipates that these parties will include driver organizations, CMV training organizations, motor carriers of property and passengers and their associations, State licensing agencies, State enforcement agencies, labor unions, safety advocacy groups, and insurance companies. This notice provides notice to parties who seek to serve on the committee, and seeks comment on the proposal to establish the Committee and on the proposed membership. To the extent possible, the Agency will select from the nominees individual negotiators who reflect the diversity among the organizations or groups represented. DATES: The deadline for comments and nominations for Committee members must be received on or before January 9, 2015. ADDRESSES: You may submit comments identified by Docket Number FMCSA– 2007–27748 using any of the following methods: • Federal eRulemaking Portal: https:// 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: 202–493–2251. 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. Submission of Nominations All nomination materials should be submitted electronically via email to eldtac@dot.gov. Any person needing accessibility accommodations should contact Ms. Shannon L. Watson, Senior Policy Advisor, FMCSA, at (202) 366– 2551. mstockstill on DSK4VPTVN1PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: Shannon L. Watson, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001 or by telephone at 202–366–2551. SUPPLEMENTARY INFORMATION: Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2007–27748), indicate the specific section of this document to VerDate Sep<11>2014 16:37 Dec 09, 2014 Jkt 235001 which each comment 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 https://www.regulations.gov, put the docket number, FMCSA–2007–27748, 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 81⁄2 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. We will consider all comments and material received during the comment period and may draft a notice of proposed rulemaking based on your comments and other information and analysis. 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 the docket number, FMCSA–2007–27748, 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. 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. PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 Background On August 19, 2014, FMCSA announced by notice in the Federal Register that it had retained a neutral convener, Mr. Richard Parker, a professor of law at the University of Connecticut School of Law, through a contractor, Strategic Consulting Alliances, LLC to speak with interested parties (from the organizational interests delineated above) about the feasibility of conducting of a Reg Neg on ELDT [79 FR 49044, August 19, 2014; and 79 FR 56547, September 22, 2014]. As part of the first step in this process, Mr. Parker conducted these interviews and is preparing a report to the Agency regarding the feasibility of conducting a negotiated rulemaking. Based on the convener’s recommendation and on the statutory factors in the Negotiated Rulemaking Act (5 U.S.C. 563), FMCSA has decided to establish a negotiated rulemaking committee (5 U.S.C. 564). The convening report will be available both in the rulemaking docket at FMCSA–2007–27748 and on the Internet at eldtac.fmcsa.dot.gov. The FMCSA has prepared a draft charter to govern the activities of the Committee in accordance with the Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. In accordance with section 14 of FACA, the draft charter provides up to 2 years for the Committee’s duration. However, FMCSA intends to complete the Reg Neg for the proposed rule within the first half of 2015 and publish a Notice of Proposed Rulemaking (NPRM) the same year, followed by a Final Rule in 2016. On September 19, 2013, FMCSA withdrew its December 26, 2007, NPRM that proposed new ELDT standards for individuals applying for a commercial driver’s license (CDL) to operate CMVs in interstate commerce [78 FR 57585, September 19, 2013]. The Agency withdrew the 2007 proposal because commenters to the NPRM, and participants in the Agency’s public listening sessions in 2013, raised substantive issues that led the Agency to conclude that it would be inappropriate to move forward with a final rule based on the proposal. In addition, since the NPRM was published, FMCSA received new statutory authority on ELDT from Congress in MAP–21, which added § 32304(c) (codified at 49 U.S.C. 31305 and 31308). Finally, the Agency tasked its Motor Carrier Safety Advisory Committee (MCSAC) to provide ideas the Agency should consider in implementing the MAP–21 requirements. In consideration of the above, the Agency concluded that a new E:\FR\FM\10DEP1.SGM 10DEP1 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS rulemaking should be initiated in lieu of completing the 2007 rulemaking. FMCSA’s Intent This negotiated rulemaking committee will be engaged in a consensus-based process regarding, but not limited to, the following issues: (1) Development of minimum training requirements for individuals applying for a CDL for the first time or upgrading from one class of CDL to another class; (2) Determining the amount of behind-the-wheel training and classroom instruction; (3) Gathering and provision of data to quantify the costs and safety benefits of training; (4) Accreditation vs. certification of ELDT programs and schools; (5) Contents of driver training curricula, including separate course modules for motorcoach and passenger carriers, as well as hazardous materials carriers; (6) Instructor qualifications and requirements; and (7) A performance-based approach vs. a minimum hours of training approach, as well as simulation training and special considerations. The Committee’s scope will exclude certain issues that were discussed by the convener with the parties in developing the convener’s report. The Agency acknowledges the views and concerns of the participants in the convening process. However, FMCSA believes the scope of the rulemaking should focus on the MAP–21 provisions with a commitment to address other issues if and as appropriate in subsequent rulemaking or other actions. Based on the comments provided in the convening report, FMCSA is aware that interested parties sought clarification regarding the scope and organization of issues within the Reg Neg. Set forth below is the agency’s view on these issues: (1) 10,001–26,000 lbs. vehicles—The inclusion of this category is not a MAP– 21 requirement. Attempting to address this issue in the ELDT rulemaking would add significantly to both the rulemaking’s cost and complexity. Drivers of these vehicles are not required to have a CDL. At this time, the Agency is not aware of any data to suggest that imposing the CDL requirements on this class of drivers would have quantifiable safety benefits or that imposing rigorous driver training standards on this class of drivers is necessary. (2) Interstate vs. intrastate drivers— MAP–21 makes it clear that FMCSA must cover both interstate and intrastate drivers. As was presented in the VerDate Sep<11>2014 16:37 Dec 09, 2014 Jkt 235001 Agency’s 2007 NPRM [72 FR 73226], the Agency’s previous decision on the scope of the 2007 NPRM is superseded by the explicit language in MAP–21. (3) Bus Curriculum Committee—Due to costs and logistical challenges, the Agency will not establish a separate plenary committee to address bus issues. As delineated in the charter, the Agency may establish subcommittees to the ELDTAC. FMCSA supports fully establishing a passenger-carrying CMV driver training subcommittee to explore how best to handle the bus/motorcoach/ school bus issues. (4) Post-CDL ‘‘Finishing School’’ instruction requirements—As the focus of this Committee is to implement the MAP–21 requirements, the Agency will not explore post-CDL training requirements in this rulemaking, except with regard to CDL upgrades and obtaining passenger and hazardous materials endorsements. The establishment of the ELDTAC is necessary for the Agency to carry out its mission and is in the public interest. The Committee will operate in accordance with the provisions of the Federal Advisory Committee Act and the rules and regulations issued in implementation of that Act. This notice also requests nominations for members of the Committee to ensure a wide range of member candidates and a balanced committee. Request for Nominations The Department of Transportation is hereby soliciting nominations for members of the ELDTAC. The FMCSA Administrator will appoint approximately 20 Committee members, including representatives of FMCSA, who will each serve for up to one twoyear term. Members will be experts in their respective fields and appointed as Special Government Employees or representatives of entities or interests including but not limited to the following: CMV driver training organizations; industry representatives; representatives of driver training schools; motor carriers (of property and passengers) and associations; State licensing agencies; State enforcement agencies; labor unions; safety advocacy groups; insurance companies; and others selected with a view toward achieving varied perspectives on ELDT. The Committee will seek to balance these interests to the extent practicable. Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in this notice may apply for, or nominate another person for, membership on the negotiated PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 73275 rulemaking committee to represent such interests with respect to the proposed rule. FMCSA invites comment and suggestions on whether the following list identifies an accurate and reasonably comprehensive pool of affected interests and stakeholders for purposes of composing a negotiated rulemaking committee: Federal Motor Carrier Safety Administration (Larry W. Minor, Associate Administrator for Policy); Advocates for Highway and Auto Safety; American Association of Motor Vehicle Administrators (AAMVA); American Bus Association (ABA); American Federation of Labor and Congress of Industrial Organizations (AFL–CIO); American Trucking Associations (ATA); Citizens for Reliable and Safe Highways (CRASH); Commercial Vehicle Safety Alliance (CVSA); Commercial Vehicle Training Association (CVTA); International Brotherhood of Teamsters; National Association of Publicly Funded Truck Driving Schools (NAPFTDS); National Association of Small Trucking Companies; National Association of State Directors of Pupil Transportation Services; National Private Truck Council; National School Transportation Association; Owner-Operator Independent Drivers Association (OOIDA); Professional Truck Drivers Institute (PTDI); Truckload Carriers Association; Truck Safety Coalition; United Motorcoach Association; Women in Trucking; • A large motorcoach operator with a pre-CDL driver training program; • A large trucking company with a pre-CDL driver training program; • A State licensing agency; • A representative of the CMV insurance industry. The list provided above includes stakeholders that FMCSA has identified tentatively as either being a potential member of the committee or a potential member of a coalition that would in turn nominate a candidate to represent one of the significantly affected interests. The list is not presented as a complete or exclusive list from which committee members will be selected. Nor does inclusion on the list of potential parties mean that a listed party has agreed to participate as a member of E:\FR\FM\10DEP1.SGM 10DEP1 73276 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS the committee or as a member of a coalition. The list merely indicates parties that FMCSA tentatively has identified as representing significantly affected interests in the proposed rule establishing ELDT requirements. If anyone believes their interests will not be adequately represented by these organizations, they must demonstrate and document that assertion through an application. FMCSA requests comments and suggestions regarding its tentative list of potential members of the Committee. The Committee is expected to meet from February–June 2015 for approximately 1–2 days every 2–3 weeks, or as necessary. Subcommittees may be formed to address specific ELDT issues. Such subcommittees will report back to the parent ELDTAC and not report any advice or work products directly to the Agency. Some Committee members may be appointed as special Government employees and will be subject to certain ethical restrictions, and such members will be required to submit certain information in connection with the appointment process. The FMCSA’s Office of Policy will provide appropriate funding, logistics, administrative, and technical support for the Committee. And FMCSA subject matter experts, attorneys and economists will also provide support to the Committee. VerDate Sep<11>2014 16:37 Dec 09, 2014 Jkt 235001 Process and Deadline for Submitting Nominations Qualified individuals can selfnominate or be nominated by any individual or organization. To be considered for the ELDTAC, nominators should submit the following information: (1) Name, title, and relevant contact information (including phone and email address) and a description of the interests such a person seeking consideration shall represent; (2) A letter of support from a company, union, trade association, or non-profit organization on letterhead containing a brief description why the nominee should be considered for membership and is authorized to represent parties related to the interests such person proposes to represent; (3) A written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; (4) Short biography of nominee including professional and academic credentials; (5) An affirmative statement that the nominee meets all Committee eligibility requirements; (6) The reasons that the parties identified in the above list of affected interests and stakeholders do not adequately represent the interests of the PO 00000 Frm 00038 Fmt 4702 Sfmt 9990 person submitting the application or nomination. Please do not send company, trade association, or organization brochures or any other information. Materials submitted should total two pages or less. Should more information be needed, DOT staff will contact the nominee, obtain information from the nominee’s past affiliations, or obtain information from publicly available sources, such as the Internet. Nominations may be emailed to eldtac@dot.gov. Nominations must be received before January 9, 2015. Nominees selected for appointment to the Committee will be notified by letter of appointment by return email. Nominations are open to all individuals without regard to race, color, religion, sex, national origin, age, mental or physical handicap, marital status, or sexual orientation. To ensure that recommendations to the Administrator take into account the needs of the diverse groups served by DOT, membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. Issued on: December 4, 2014. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2014–28919 Filed 12–9–14; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\10DEP1.SGM 10DEP1

Agencies

[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Proposed Rules]
[Pages 73273-73276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28919]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 380

[Docket No. FMCSA-2007-27748]


Minimum Training Requirements for Entry-Level Driver Commercial 
Motor Vehicle Operators; Establishment of a Negotiated Rulemaking 
Committee

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

ACTION: Notice of Intent to Establish the Entry-Level Driver Training 
Advisory Committee (ELDTAC); Solicitation of Applications and 
Nominations for Membership.

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

SUMMARY: The FMCSA announces its intent to establish a negotiated 
rulemaking (``Reg Neg'') committee to negotiate and develop proposed 
regulations to implement section 32304 of the Moving Ahead for Progress 
in the 21st Century Act (MAP-21) concerning entry-level driver training 
(ELDT) for commercial motor vehicles (CMV) operating in interstate or 
intrastate commerce. The committee will include representatives of 
organizations or groups with interests that are affected significantly 
by the subject matter of the proposed regulations. The FMCSA

[[Page 73274]]

anticipates that these parties will include driver organizations, CMV 
training organizations, motor carriers of property and passengers and 
their associations, State licensing agencies, State enforcement 
agencies, labor unions, safety advocacy groups, and insurance 
companies. This notice provides notice to parties who seek to serve on 
the committee, and seeks comment on the proposal to establish the 
Committee and on the proposed membership. To the extent possible, the 
Agency will select from the nominees individual negotiators who reflect 
the diversity among the organizations or groups represented.

DATES: The deadline for comments and nominations for Committee members 
must be received on or before January 9, 2015.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2007-27748 using any of the following methods:
     Federal eRulemaking Portal: https://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: 202-493-2251.
    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.

Submission of Nominations

    All nomination materials should be submitted electronically via 
email to eldtac@dot.gov. Any person needing accessibility 
accommodations should contact Ms. Shannon L. Watson, Senior Policy 
Advisor, FMCSA, at (202) 366-2551.

FOR FURTHER INFORMATION CONTACT: Shannon L. Watson, Office of Policy, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001 or by telephone at 202-366-2551.

SUPPLEMENTARY INFORMATION: 

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2007-27748), indicate the specific section of this 
document to which each comment 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 https://www.regulations.gov, 
put the docket number, FMCSA-2007-27748, 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.
    We will consider all comments and material received during the 
comment period and may draft a notice of proposed rulemaking based on 
your comments and other information and analysis.

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 the docket number, FMCSA-2007-27748, 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.

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.

Background

    On August 19, 2014, FMCSA announced by notice in the Federal 
Register that it had retained a neutral convener, Mr. Richard Parker, a 
professor of law at the University of Connecticut School of Law, 
through a contractor, Strategic Consulting Alliances, LLC to speak with 
interested parties (from the organizational interests delineated above) 
about the feasibility of conducting of a Reg Neg on ELDT [79 FR 49044, 
August 19, 2014; and 79 FR 56547, September 22, 2014]. As part of the 
first step in this process, Mr. Parker conducted these interviews and 
is preparing a report to the Agency regarding the feasibility of 
conducting a negotiated rulemaking. Based on the convener's 
recommendation and on the statutory factors in the Negotiated 
Rulemaking Act (5 U.S.C. 563), FMCSA has decided to establish a 
negotiated rulemaking committee (5 U.S.C. 564). The convening report 
will be available both in the rulemaking docket at FMCSA-2007-27748 and 
on the Internet at eldtac.fmcsa.dot.gov.
    The FMCSA has prepared a draft charter to govern the activities of 
the Committee in accordance with the Federal Advisory Committee Act 
(FACA), 5 U.S.C., App. 2. In accordance with section 14 of FACA, the 
draft charter provides up to 2 years for the Committee's duration. 
However, FMCSA intends to complete the Reg Neg for the proposed rule 
within the first half of 2015 and publish a Notice of Proposed 
Rulemaking (NPRM) the same year, followed by a Final Rule in 2016.
    On September 19, 2013, FMCSA withdrew its December 26, 2007, NPRM 
that proposed new ELDT standards for individuals applying for a 
commercial driver's license (CDL) to operate CMVs in interstate 
commerce [78 FR 57585, September 19, 2013]. The Agency withdrew the 
2007 proposal because commenters to the NPRM, and participants in the 
Agency's public listening sessions in 2013, raised substantive issues 
that led the Agency to conclude that it would be inappropriate to move 
forward with a final rule based on the proposal. In addition, since the 
NPRM was published, FMCSA received new statutory authority on ELDT from 
Congress in MAP-21, which added Sec.  32304(c) (codified at 49 U.S.C. 
31305 and 31308). Finally, the Agency tasked its Motor Carrier Safety 
Advisory Committee (MCSAC) to provide ideas the Agency should consider 
in implementing the MAP-21 requirements. In consideration of the above, 
the Agency concluded that a new

[[Page 73275]]

rulemaking should be initiated in lieu of completing the 2007 
rulemaking.

FMCSA's Intent

    This negotiated rulemaking committee will be engaged in a 
consensus-based process regarding, but not limited to, the following 
issues:
    (1) Development of minimum training requirements for individuals 
applying for a CDL for the first time or upgrading from one class of 
CDL to another class;
    (2) Determining the amount of behind-the-wheel training and 
classroom instruction;
    (3) Gathering and provision of data to quantify the costs and 
safety benefits of training;
    (4) Accreditation vs. certification of ELDT programs and schools;
    (5) Contents of driver training curricula, including separate 
course modules for motorcoach and passenger carriers, as well as 
hazardous materials carriers;
    (6) Instructor qualifications and requirements; and
    (7) A performance-based approach vs. a minimum hours of training 
approach, as well as simulation training and special considerations.
    The Committee's scope will exclude certain issues that were 
discussed by the convener with the parties in developing the convener's 
report. The Agency acknowledges the views and concerns of the 
participants in the convening process. However, FMCSA believes the 
scope of the rulemaking should focus on the MAP-21 provisions with a 
commitment to address other issues if and as appropriate in subsequent 
rulemaking or other actions. Based on the comments provided in the 
convening report, FMCSA is aware that interested parties sought 
clarification regarding the scope and organization of issues within the 
Reg Neg. Set forth below is the agency's view on these issues:
    (1) 10,001-26,000 lbs. vehicles--The inclusion of this category is 
not a MAP-21 requirement. Attempting to address this issue in the ELDT 
rulemaking would add significantly to both the rulemaking's cost and 
complexity. Drivers of these vehicles are not required to have a CDL. 
At this time, the Agency is not aware of any data to suggest that 
imposing the CDL requirements on this class of drivers would have 
quantifiable safety benefits or that imposing rigorous driver training 
standards on this class of drivers is necessary.
    (2) Interstate vs. intrastate drivers--MAP-21 makes it clear that 
FMCSA must cover both interstate and intrastate drivers. As was 
presented in the Agency's 2007 NPRM [72 FR 73226], the Agency's 
previous decision on the scope of the 2007 NPRM is superseded by the 
explicit language in MAP-21.
    (3) Bus Curriculum Committee--Due to costs and logistical 
challenges, the Agency will not establish a separate plenary committee 
to address bus issues. As delineated in the charter, the Agency may 
establish subcommittees to the ELDTAC. FMCSA supports fully 
establishing a passenger-carrying CMV driver training subcommittee to 
explore how best to handle the bus/motorcoach/school bus issues.
    (4) Post-CDL ``Finishing School'' instruction requirements--As the 
focus of this Committee is to implement the MAP-21 requirements, the 
Agency will not explore post-CDL training requirements in this 
rulemaking, except with regard to CDL upgrades and obtaining passenger 
and hazardous materials endorsements.
    The establishment of the ELDTAC is necessary for the Agency to 
carry out its mission and is in the public interest. The Committee will 
operate in accordance with the provisions of the Federal Advisory 
Committee Act and the rules and regulations issued in implementation of 
that Act.
    This notice also requests nominations for members of the Committee 
to ensure a wide range of member candidates and a balanced committee.

Request for Nominations

    The Department of Transportation is hereby soliciting nominations 
for members of the ELDTAC. The FMCSA Administrator will appoint 
approximately 20 Committee members, including representatives of FMCSA, 
who will each serve for up to one two-year term. Members will be 
experts in their respective fields and appointed as Special Government 
Employees or representatives of entities or interests including but not 
limited to the following: CMV driver training organizations; industry 
representatives; representatives of driver training schools; motor 
carriers (of property and passengers) and associations; State licensing 
agencies; State enforcement agencies; labor unions; safety advocacy 
groups; insurance companies; and others selected with a view toward 
achieving varied perspectives on ELDT. The Committee will seek to 
balance these interests to the extent practicable.
    Persons who will be significantly affected by a proposed rule and 
who believe that their interests will not be adequately represented by 
any person specified in this notice may apply for, or nominate another 
person for, membership on the negotiated rulemaking committee to 
represent such interests with respect to the proposed rule. FMCSA 
invites comment and suggestions on whether the following list 
identifies an accurate and reasonably comprehensive pool of affected 
interests and stakeholders for purposes of composing a negotiated 
rulemaking committee:
    Federal Motor Carrier Safety Administration (Larry W. Minor, 
Associate Administrator for Policy);
    Advocates for Highway and Auto Safety;
    American Association of Motor Vehicle Administrators (AAMVA);
    American Bus Association (ABA);
    American Federation of Labor and Congress of Industrial 
Organizations (AFL-CIO);
    American Trucking Associations (ATA);
    Citizens for Reliable and Safe Highways (CRASH);
    Commercial Vehicle Safety Alliance (CVSA);
    Commercial Vehicle Training Association (CVTA);
    International Brotherhood of Teamsters;
    National Association of Publicly Funded Truck Driving Schools 
(NAPFTDS);
    National Association of Small Trucking Companies;
    National Association of State Directors of Pupil Transportation 
Services;
    National Private Truck Council;
    National School Transportation Association;
    Owner-Operator Independent Drivers Association (OOIDA);
    Professional Truck Drivers Institute (PTDI);
    Truckload Carriers Association;
    Truck Safety Coalition;
    United Motorcoach Association;
    Women in Trucking;
     A large motorcoach operator with a pre-CDL driver training 
program;
     A large trucking company with a pre-CDL driver training 
program;
     A State licensing agency;
     A representative of the CMV insurance industry.
    The list provided above includes stakeholders that FMCSA has 
identified tentatively as either being a potential member of the 
committee or a potential member of a coalition that would in turn 
nominate a candidate to represent one of the significantly affected 
interests. The list is not presented as a complete or exclusive list 
from which committee members will be selected. Nor does inclusion on 
the list of potential parties mean that a listed party has agreed to 
participate as a member of

[[Page 73276]]

the committee or as a member of a coalition. The list merely indicates 
parties that FMCSA tentatively has identified as representing 
significantly affected interests in the proposed rule establishing ELDT 
requirements. If anyone believes their interests will not be adequately 
represented by these organizations, they must demonstrate and document 
that assertion through an application. FMCSA requests comments and 
suggestions regarding its tentative list of potential members of the 
Committee.
    The Committee is expected to meet from February-June 2015 for 
approximately 1-2 days every 2-3 weeks, or as necessary. Subcommittees 
may be formed to address specific ELDT issues. Such subcommittees will 
report back to the parent ELDTAC and not report any advice or work 
products directly to the Agency. Some Committee members may be 
appointed as special Government employees and will be subject to 
certain ethical restrictions, and such members will be required to 
submit certain information in connection with the appointment process. 
The FMCSA's Office of Policy will provide appropriate funding, 
logistics, administrative, and technical support for the Committee. And 
FMCSA subject matter experts, attorneys and economists will also 
provide support to the Committee.

Process and Deadline for Submitting Nominations

    Qualified individuals can self-nominate or be nominated by any 
individual or organization. To be considered for the ELDTAC, nominators 
should submit the following information:
    (1) Name, title, and relevant contact information (including phone 
and email address) and a description of the interests such a person 
seeking consideration shall represent;
    (2) A letter of support from a company, union, trade association, 
or non-profit organization on letterhead containing a brief description 
why the nominee should be considered for membership and is authorized 
to represent parties related to the interests such person proposes to 
represent;
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration;
    (4) Short biography of nominee including professional and academic 
credentials;
    (5) An affirmative statement that the nominee meets all Committee 
eligibility requirements;
    (6) The reasons that the parties identified in the above list of 
affected interests and stakeholders do not adequately represent the 
interests of the person submitting the application or nomination.

Please do not send company, trade association, or organization 
brochures or any other information. Materials submitted should total 
two pages or less. Should more information be needed, DOT staff will 
contact the nominee, obtain information from the nominee's past 
affiliations, or obtain information from publicly available sources, 
such as the Internet.
    Nominations may be emailed to eldtac@dot.gov. Nominations must be 
received before January 9, 2015. Nominees selected for appointment to 
the Committee will be notified by letter of appointment by return 
email.
    Nominations are open to all individuals without regard to race, 
color, religion, sex, national origin, age, mental or physical 
handicap, marital status, or sexual orientation. To ensure that 
recommendations to the Administrator take into account the needs of the 
diverse groups served by DOT, membership shall include, to the extent 
practicable, individuals with demonstrated ability to represent 
minorities, women, and persons with disabilities.

    Issued on: December 4, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-28919 Filed 12-9-14; 8:45 am]
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