Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, 11943-11986 [2016-03869]

Download as PDF Vol. 81 Monday, No. 44 March 7, 2016 Part III Department of Transportation mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Motor Carrier Safety Administration 49 CFR Parts 380, 383, and 384 Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators; Proposed Rule VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07MRP2.SGM 07MRP2 11944 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 380, 383, and 384 [FMCSA–2007–27748] RIN 2126–AB66 Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of proposed rulemaking (NPRM), request for public comments. AGENCY: FMCSA proposes new training standards for certain individuals applying for their initial commercial driver’s license (CDL); an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials, passenger, or school bus endorsement for their license; and a ‘‘refresher’’ training curriculum. These individuals would be subject to the proposed entry-level driver training requirements and must complete a course of instruction provided by an entity that: Meets the minimum qualifications for training providers; covers the curriculum; is listed on FMCSA’s proposed Training Provider Registry; and submits electronically to FMCSA the training certificate for each individual who completes the training. This NPRM responds to a Congressional mandate imposed under the Moving Ahead for Progress in the 21st Century Act. The proposed rule is based on consensus recommendations from the Agency’s Entry-Level Driver Training Advisory Committee (ELDTAC), a negotiated rulemaking committee which held a series of meetings between February and May 2015. The compliance date of this proposed rule would be three years after the effective date of the final rule. DATES: You must submit comments on or before April 6, 2016. ADDRESSES: You may submit comments identified by docket number FMCSA– 2007–27748 using any one of the following methods: • Federal eRulemaking Portal: www.regulations.gov. • Fax: 202–493–2251. • Mail: Docket Services (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 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 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. See the ‘‘Public Participation and Request for Comments’’ heading under the SUPPLEMENTARY INFORMATION section below for instructions regarding submitting comments. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable. FMCSA may, however, issue a final rule at any time after the close of the comment period. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rule, contact Mr. Richard Clemente, Driver and Carrier Operations (MC– PSD) Division, FMCSA, 1200 New Jersey Ave. SE., Washington, DC 20590– 0001, by telephone at 202–366–4325, or by email at MCPSD@dot.gov. If you have questions about viewing or submitting material to the docket, contact Docket Services, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking (NPRM) is organized as follows: I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act II. Executive Summary III. Abbreviations and Acronyms IV. Legal Basis for the Rulemaking V. Regulatory and Legal History VI. General Discussion of the Proposal VII. Section-by-Section Explanation of the Proposed Changes VIII. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) B. Regulatory Flexibility Act (Small Entities) C. Assistance for Small Entities D. Unfunded Mandates Reform Act of 1995 E. Paperwork Reduction Act (Collection of Information) F. E.O. 13132 (Federalism) G. E.O. 12988 (Civil Justice Reform) H. E.O. 13045 (Protection of Children) I. E.O. 12630 (Taking of Private Property) J. Privacy K. E.O. 12372 (Intergovernmental Review) L. E.O. 13175 (Indian Tribal Governments) M. E.O. 13211 (Energy Supply, Distribution, or Use) N. National Technology Transfer and Advancement Act (Technical Standards) O. Environment (NEPA, CAA, E.O. 12898 Environmental Justice) I. Public Participation and Request for Comments FMCSA encourages you to participate in this rulemaking by submitting comments and related materials. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (FMCSA–2007–27748), indicate the heading of 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, by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. However, see the Privacy Act section below. To submit your comment online, go to www.regulations.gov, type the docket number, ‘‘FMCSA–2007–27748’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click the ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party, and click ’’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, selfaddressed postcard or envelope. Confidential Business Information Confidential Business Information (CBI) is commercial or financial information that is customarily not made available to the general public by the submitter. Under the Freedom of Information Act, CBI is eligible for protection from public disclosure. If you have CBI that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Accordingly, please mark each page of your submission as ‘‘confidential’’ or ‘‘CBI.’’ Submissions designated as CBI and meeting the definition noted above will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New Jersey Avenue SE., Washington, DC 20590. Any commentary that FMCSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. FMCSA will consider all comments and material received during the comment period and may change this proposed rule based on your comments. E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules B. Viewing Comments and Documents To view comments and any document mentioned in this preamble, go to 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 listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Services 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. ET, Monday through Friday, except Federal holidays. C. 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. II. Executive Summary Purpose and Summary of Major Provisions mstockstill on DSK4VPTVN1PROD with PROPOSALS2 A. Purpose of the Entry-Level Driver Training Proposed Rule The Agency believes this rulemaking would enhance the safety of commercial motor vehicle (CMV) operations on our Nation’s highways by establishing a more extensive entry-level driver training (ELDT) protocol and by increasing the number of drivers who receive ELDT. It would revise the standards for mandatory training requirements for entry-level operators of CMVs in interstate and intrastate operations who are required to possess a commercial driver’s license (CDL). FMCSA proposes new training standards for certain individuals applying for an initial CDL, an upgrade of their CDL1 (e.g., a Class B CDL holder seeking a Class A CDL), or a hazardous materials, passenger, or school bus endorsement for their license. Specifically, these individuals would be subject to the proposed ELDT requirements and must complete a course of instruction provided by an entity that (1) meets the minimum qualifications for training providers, (2) covers the curriculum, (3) is listed on FMCSA’s proposed Training Provider Registry (TPR), and (4) submits electronically to FMCSA the training certificate for each individual who completes the training. FMCSA’s legal authority to propose this rulemaking is derived from the Motor Carrier Act of 1935, the Motor Carrier Safety Act of 1984, the Commercial Motor Vehicle Safety Act of 1986, and the Moving Ahead for Progress in the 21st Century Act. B. Summary of Major Provisions The proposed rule would primarily revise 49 CFR part 380, Special Training Requirements. It would require an individual who must complete the CDL skills test requirements, defined as an ‘‘Entry-Level Driver’’, to receive mandatory training. The proposed rule applies to persons who drive, or intend to drive, CMVs in either interstate or intrastate commerce. Military drivers, farmers, and firefighters are generally excepted from the CDL requirements in part 383, and they are excepted from this proposed rule. The NPRM proposes a Class A and Class B CDL core curriculum; training curricula related to hazardous materials (H); passenger (P); and school bus (S) endorsements; and a ‘‘refresher’’ training curriculum. The core, endorsement, and refresher curricula generally are subdivided into theory and behind-the-wheel (BTW) (range and public road) segments. There is no proposed minimum number of hours that driver-trainees must spend on the theory portions of any of the individual curricula. The NPRM proposes that Class A CDL driver-trainees must receive a minimum of 30 hours of BTW training, with a minimum of 10 hours on a driving range. Driving on a public road would also be required, and Class A CDL driver-trainees may fulfill this requirement by either (1) driving 10 hours on a public road, or (2) 10 public road trips (each no less than 50 minutes in duration). Class B CDL driver-trainees must receive a minimum of 15 hours of BTW training, with a minimum of 7 hours of public road driving. And irrespective of the number of hours of BTW training, the training provider must not issue the training certificate unless the student demonstrates proficiency in operating the CMV. The NPRM also proposes that a CDL holder who has been disqualified from operating a CMV must successfully complete refresher training. Training providers must provide instruction on all elements of the applicable curriculum. The NPRM would apply to entities that train, or expect to train, entry-level drivers, also referred to as herein as driver-trainees. Training providers, must, at a minimum, offer and teach a training curriculum that meets all FMCSA standards for entry-level drivers and must also meet requirements related to: Course administration, qualifications for instructional personnel, assessments, issuance of training certificates, and training vehicles (i.e., equipment). Training providers that meet these requirements would be eligible for listing on FMCSA’s TPR and must continue to meet the eligibility requirements in order to stay listed on the TPR. Training providers must also attest that they meet the specified requirements, and in the event of an FMCSA audit or investigation of the provider, must supply documentary evidence to verify their compliance. The NPRM also proposes conforming changes to parts 383 and 384. The proposed compliance date for this rule is 3 years after the effective date of the final rule, which would provide the States with sufficient time to pass necessary implementing legislation, to modify their information systems to begin recording the training provider’s certificate information on the Commercial Driver’s License Information System (CDLIS) driver record, and to begin making that information available from the CDLIS driver record. This proposed phase-in period would also allow time for the driver training industry to develop and begin offering training programs that meet the eligibility requirements for listing on the TPR. Benefits and Costs Entry-level drivers, motor carriers, training providers, State driver licensing agencies (SDLAs), and the Federal Government would incur costs for compliance and implementation. The costs of the proposed rule include tuition expenses, the opportunity cost of time while in training, compliance audit costs, and costs associated with the implementation of the TPR. As shown in table 1, FMCSA estimates that the 10year cost of the proposed rule would total $5.55 billion on an undiscounted basis, $4.86 billion discounted at 3%, and $4.15 billion discounted at 7% (all in 2014 dollars). Values in table 1 are rounded to the nearest million. 1 Class A covers all large, articulated vehicles, usually tractor/trailers Class B vehicles include both large straight trucks and buses. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 11945 E:\FR\FM\07MRP2.SGM 07MRP2 11946 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules TABLE 1—TOTAL COST OF THE PROPOSED RULE [In millions of 2014$] Undiscounted Year 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Entry-level drivers Motor carriers Training providers Discounted Federal Government SDLAs Discounted at 3% Total Discounted at 7% .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. $490 495 501 506 511 517 522 538 533 539 $27 27 28 28 28 29 29 29 30 30 $10 7 8 7 8 7 8 7 8 7 $26 0 0 0 0 0 0 0 0 0 $6 1 1 1 1 1 1 1 1 1 $559 530 538 542 548 554 560 565 572 577 $559 515 507 496 487 478 469 459 452 442 $559 495 470 442 418 395 373 352 333 314 Total ........................... 5,142 285 77 26 15 5,545 4,864 4,151 Annualized ......................... ........................ ........................ ........................ ........................ ........................ 555 554 552 The costs presented in table 1 include the costs associated with the S endorsement training requirement of the proposed rule, however the costs of the proposed rule specifically attributable to the proposed S endorsement training requirement were also evaluated separately. Details are presented in the Regulatory Impact Analysis (RIA), which is available in the docket. This separate analysis of the costs of the proposed rule specifically attributable to the proposed S endorsement training requirement was done because Section 32304 of MAP–21 statutorily mandates training for new entry-level drivers who wish to obtain a CDL, or a P endorsement, or an H endorsement, but is silent with respect to the S endorsement. The analysis shows that inclusion of the proposed S endorsement training requirement increases the total cost of the rule by only approximately 0.36%. On an annualized basis at a 7% discount rate, this equates to an increase in the total cost of the rule from $550 million to the $552 million that is shown in Table 1. This proposed rule would result in benefits to CMV operators, the trucking industry, the traveling public, and to the environment. FMCSA estimated benefits in two broad categories: Non-safety benefits and safety benefits. Training would lead to more efficient driving techniques, resulting in a reduction in fuel consumption and consequently lowering environmental impacts associated with carbon dioxide emissions. Training that promotes safer, more efficient driving has been shown to reduce maintenance and repair costs. Training related to the performance of complex tasks may improve performance; in the context of the training required by this proposed rule, improvement in task performance may reduce the frequency and severity of crashes thereby resulting in safer roadways for all. Table 2 presents the directly quantifiable benefits that FMCSA projects would result from the proposed rule (all in 2014 dollars, values rounded to the nearest million). TABLE 2—TOTAL QUANTIFIABLE BENEFITS OF THE PROPOSED RULE [In millions of 2014$] Undiscounted Year Value of CO2 reduction a Maintenance and repair cost savings Discounted at 3% Total b Discounted at 7% ......................................................... ......................................................... ......................................................... ......................................................... ......................................................... ......................................................... ......................................................... ......................................................... ......................................................... ......................................................... $75 127 157 160 163 166 170 172 175 178 $13 22 26 27 27 28 28 29 29 29 $44 75 91 92 94 95 96 97 98 99 $132 223 274 279 284 289 294 298 302 305 $132 217 258 256 253 249 246 242 238 234 $132 209 241 231 220 210 201 191 182 173 Total .................................................. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Value of fuel savings Discounted 1,543 258 880 2,680 2,325 1,989 Annualized ................................. ........................ ........................ ........................ 268 265 265 Notes: a The monetized benefits associated with reduced CO emissions are discounted at the 3% discount rate in both the ‘‘discounted at 3%’’ and 2 ‘‘discounted at 7%’’ columns. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guidance on monetizing CO2 reductions, and is consistent with past USDOT and EPA practices. Further details on the monetization of CO2 reductions are presented in Section 4.1.2 of the RIA. b Total benefit values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of unrounded components). VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\07MRP2.SGM 07MRP2 11947 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules The directly quantifiable benefits of the proposed rule that are presented in Table 2 assume a future baseline in which a joint FMCSA/NHTSA Heavy Vehicle Speed Limiters rule would be in effect. This approach was intended to be a conservative assumption, in that it reduces the potential amount of baseline industry fuel consumption from which the possible benefits of reductions in fuel consumption and CO2 emissions from the proposed ELDT rule may be realized. Because of the uncertainty of when the FMCSA/NHTSA Heavy Vehicle Speed Limiters proposed rule will be published for public comment or how those comments may influence a final rule, an alternative baseline for the proposed ELDT rule in which there would be no Speed Limiters rule, and thus no effect from speed limiters upon baseline industry fuel consumption, was also analyzed. The details regarding this approach and the estimated reductions in fuel consumption and CO2 emissions of the proposed ELDT rule are presented in the RIA which is available in the docket. This alternative baseline results in slightly higher total quantifiable benefits for the proposed ELDT rule, because any assumed reduction in baseline industry fuel consumption resulting from a Speed Limiters rule would not be present. Table 3 presents a comparison of the total estimated quantifiable benefits of the proposed ELDT rule both with and without a Speed Limiters rule in the baseline. Under such an alternative baseline reflecting no impact from a potential Speed Limiters rule, the total quantifiable benefits from the proposed ELDT rule, on an annualized basis at a 7% discount rate, would increase by $9 million to $274 million from the $265 million that would be realized under a baseline scenario that does incorporate the effects of a Speed Limiters rule. This represents an increase of 3.4% in total quantifiable benefits. Because this 3.4% increase in the total quantifiable benefits is relatively modest, and because the baseline scenario that does incorporate the effects of a Speed Limiters rule is the more conservative assumption as it results in somewhat lower benefits and somewhat higher net costs of the proposed ELDT rule, the quantifiable benefits, net costs, and threshold analysis of the proposed ELDT rule that are presented here represent those that incorporate the effects of a Speed Limiters rule in the baseline. TABLE 3—COMPARISON OF TOTAL QUANTIFIABLE BENEFITS WITH AND WITHOUT BASELINE ADJUSTMENT FOR SPEED LIMITERS RULE [In millions of 2014$] With speed limiters adjustment Without speed limiters adjustment Year 3% Discount rate 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 7% Discount rate 3% Discount rate 7% Discount rate ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. $132 217 258 256 253 249 246 242 238 234 $132 209 241 231 220 210 201 191 182 173 $137 224 267 265 262 258 255 251 247 243 $137 217 249 239 228 218 208 198 189 179 Total .......................................................................................................... 2,325 1,989 2,409 2,062 Annualized ......................................................................................... 265 265 274 274 While FMCSA believes that the proposed rule would at minimum achieve cost-neutrality, the net of quantified costs and benefits (presented in table 4 below) results in an annualized net cost of $287 million at a 7% discount rate. This estimate is based only on quantifiable costs and benefits attributable to this proposed rule; it makes no claims regarding safety benefits which are discussed below. TABLE 4—NET COST OF THE PROPOSED RULE, ABSENT QUANTIFIABLE SAFETY BENEFITS [In millions of 2014$] 3% Discount rate mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Year 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... ......................................................................................................................................................................... VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\07MRP2.SGM 07MRP2 $427 298 249 240 234 229 223 217 214 208 7% Discount rate $427 286 229 211 198 185 172 161 151 141 11948 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules TABLE 4—NET COST OF THE PROPOSED RULE, ABSENT QUANTIFIABLE SAFETY BENEFITS—Continued [In millions of 2014$] 3% Discount rate Year 7% Discount rate Total .................................................................................................................................................................. 2,539 2,161 Annualized ................................................................................................................................................. 289 287 The lack of data directly linking training to improvements in safety outcomes, such as reduced crash frequency or severity, posed a challenge to the Agency throughout the development of the RIA. Discussion regarding the efforts undertaken by FMCSA and its partners in the negotiated rulemaking process to establish such a quantitative link is presented in the RIA. Although no empirical evidence linking safety to training was identified in this process, there remains a strongly held belief among stakeholders—including all who participated in the negotiated rulemaking—and the Agency that safety-oriented training does improve safety outcomes. The long-standing industry practice of providing such training to drivers—often at carriers’ expense—supports the notion that such training is not without merit. In the absence of a clear empirical link between training and safety, FMCSA followed the guidance of the Office of Management and Budget (OMB) in its Circular A–4 to perform a threshold analysis to determine the degree of safety benefits that would need to occur as a consequence of this proposed rule in order for the rule to achieve costneutrality.2 As documented in detail in the RIA, an 8.15% improvement in safety performance (that is, an 8.15% reduction in the frequency of crashes involving those new entry-level drivers who would receive additional pre-CDL training as a result of this proposed rule during the period for which the benefit of training remains intact) is necessary to offset the $287 million (annualized at 7%) net cost of the rule. Table 5 below presents the projected number of crash reductions involving new entry-level drivers that must occur in each of the 10 years and in aggregate, in order to offset the net cost ($287 million annualized at 7%). To be clear, it is the sum of the monetized value of all columns of table 5—not the sum of the monetized value of any individual column—that results in cost-neutrality. TABLE 5—CRASH REDUCTIONS INVOLVING NEW ENTRY-LEVEL DRIVERS, BY TYPE, NECESSARY TO ACHIEVE COSTNEUTRALITY Number of fatal crashes Year 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Number of property damage only (PDO) crashes Number of injury crashes ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. 6 10 12 12 12 12 12 12 12 12 127 211 253 253 253 253 253 253 253 253 421 702 842 842 842 842 842 842 842 842 Average (rounded to nearest whole number) ...................................................................... 11 236 786 Total ............................................................................................................................... 115 2,364 7,857 III. Abbreviations and Acronyms mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Full name Abbreviation or acronym American Association of Motor Vehicle Administrators ................................................................................................................ Americans with Disabilities Act ..................................................................................................................................................... Anti-lock Braking Systems ............................................................................................................................................................ Assessing the Adequacy of Commercial Motor Vehicle Driver Training ...................................................................................... Advocates for Highway and Auto Safety ...................................................................................................................................... Advance Notice of Proposed Rulemaking .................................................................................................................................... American Trucking Associations ................................................................................................................................................... American Transportation Research Institute ................................................................................................................................ Behind the wheel .......................................................................................................................................................................... Clean Air Act ................................................................................................................................................................................. AAMVA. ADA. ABS. Adequacy Report. Advocates. ANPRM. ATA. ATRI. BTW. CAA. 2 Office of Management and Budget. Circular A– 4. Regulatory Analysis. September 17, 2003. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 Available at: https://www.whitehouse.gov/omb/ circulars_a004_a-4/ (accessed July 23, 2015). PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules Abbreviation or acronym Full name Categorical Exclusion .................................................................................................................................................................... Commercial Driver’s License ........................................................................................................................................................ Commercial Driver’s License Information System ........................................................................................................................ Code of Federal Regulations ........................................................................................................................................................ Commercial Learner’s Permit ....................................................................................................................................................... Commercial Motor Vehicle ............................................................................................................................................................ Commercial Motor Vehicle Safety Act of 1986 ............................................................................................................................. Compliance, Safety and Accountability ........................................................................................................................................ Commercial Vehicle Safety Alliance ............................................................................................................................................. Commercial Vehicle Training Association .................................................................................................................................... U.S. Court of Appeals for the District of Columbia Circuit ........................................................................................................... Director, Office of Carrier, Driver, and Vehicle Safety Standards ................................................................................................ U.S. Department of Transportation ............................................................................................................................................... U.S. Department of Education ...................................................................................................................................................... Entry-Level Driver Training ........................................................................................................................................................... Entry-Level Driver Training Advisory Committee .......................................................................................................................... Executive Order ............................................................................................................................................................................ Federal Highway Administration ................................................................................................................................................... Federal Motor Carrier Safety Administration ................................................................................................................................ Federal Motor Carrier Safety Regulations .................................................................................................................................... Gross Vehicle Weight Rating ........................................................................................................................................................ Hazardous Materials Endorsement ............................................................................................................................................... Hazardous Materials ..................................................................................................................................................................... Hazardous Materials Safety Permit .............................................................................................................................................. Hours of Service ........................................................................................................................................................................... Longer Combination Vehicle ......................................................................................................................................................... Moving Ahead for Progress in the 21st Century Act .................................................................................................................... Motor Carrier Safety Act of 1984 .................................................................................................................................................. Motor Carrier Safety Advisory Committee .................................................................................................................................... North American Fatigue Management Program ........................................................................................................................... National Association of Publicly Funded Truck Driving Schools .................................................................................................. National Association of Small Trucking Companies ..................................................................................................................... National Environmental Policy Act ................................................................................................................................................ National Governors’ Association ................................................................................................................................................... National Highway Traffic Safety Administration ............................................................................................................................ Notice of Proposed Rulemaking ................................................................................................................................................... National Transportation Safety Board ........................................................................................................................................... Owner-Operator Independent Drivers Association, Inc. ............................................................................................................... Office of Management and Budget ............................................................................................................................................... Out-of-service ................................................................................................................................................................................ Pipeline and Hazardous Materials Safety Administration ............................................................................................................. Privacy Impact Assessment .......................................................................................................................................................... Paperwork Reduction Act ............................................................................................................................................................. Professional Truck Driver Institute ................................................................................................................................................ State Driver Licensing Agency ...................................................................................................................................................... Truckload Carriers Association ..................................................................................................................................................... Training Provider Registry ............................................................................................................................................................ Transportation Research Board .................................................................................................................................................... United States Code ....................................................................................................................................................................... mstockstill on DSK4VPTVN1PROD with PROPOSALS2 IV. Legal Basis for the Rulemaking This NPRM is based on the authority of the Motor Carrier Act of 1935, the Motor Carrier Safety Act of 1984, and the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as described below. It also implements section 32304 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) requiring the establishment of minimum driver training standards for certain individuals required to hold a CDL. In addition, the proposed rule responds to the March 10, 2015, order of the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), referenced further below. This NPRM reflects the recommendations of VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 FMCSA’s Entry Level Driver Training Advisory Committee (ELDTAC), comprised of 25 industry stakeholders and FMCSA, convened earlier this year through a negotiated rulemaking, as discussed below. The Motor Carrier Act of 1935, codified at 49 U.S.C. 31052 (b), provides that ‘‘The Secretary of Transportation may prescribe requirements for—(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation.’’ This NPRM would improve the ‘‘safety of PO 00000 Frm 00007 Fmt 4701 11949 Sfmt 4702 CE. CDL. CDLIS. CFR. CLP. CMV. CMVSA. CSA. CVSA. CVTA. DC Circuit. Director. DOT. ED. ELDT. ELDTAC. EO. FHWA. FMCSA. FMCSRs. GVWR. H. HM. HMSP. HOS. LCV. MAP–21. MCSA. MCSAC. NAFMP. NAPFTDS. NASTC. NEPA. NGA. NHTSA. NPRM. NTSB. OOIDA. OMB. OOS. PHMSA. PIA. PRA. PTDI. SDLA. TCA. TPR. TRB. U.S.C. operation’’ of entry-level ‘‘employees’’ who operate CMVs, as defined in 49 CFR 383.5, by enhancing the training they receive before obtaining or upgrading a CDL. The Motor Carrier Safety Act of 1984 (MCSA), codified at 49 U.S.C. 31136(a), provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary of Transportation to prescribe regulations for CMV safety to ensure that (1) CMVs are maintained, equipped, loaded, and operated safely; (2) responsibilities imposed on CMV drivers do not impair their ability to operate the vehicles safely; (3) drivers’ physical condition is adequate to operate the vehicles safe; (4) the E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11950 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules operation of CMVs does not have a deleterious effect on the drivers’ physical condition; and (5) CMV drivers are not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a CMV in violation of regulations promulgated under this section, or chapter 51 or chapter 313 of this title (49 U.S.C. 31136(a)). This NPRM is based specifically on 49 U.S.C. 31136(a)(1), requiring regulations to ensure that CMVs are ‘‘operated safely,’’ and secondarily on section 31136(a)(2), requiring that regulations ensure that ‘‘the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely.’’ The proposed rule enhances the training of entry-level drivers to further ensure that they operate CMVs safely and meet the operational responsibilities imposed on them. This rulemaking does not directly address medical standards for drivers (section 31136(a)(3)) or possible physical effects caused by driving CMVs (section 31136(a)(4)). However, to the extent that the various curricula proposed today address health and wellness issues that facilitate the safe operation of CMVs (section 31136(a)(3)), has been considered and addressed. Also, to the extent that curriculum addresses idling and related health effects (section 31136(a)(4)), has been considered and addressed. FMCSA does not anticipate that drivers will be coerced (section 31136(a)(5)) as a result of this rulemaking. However, we note that the training curricula proposed for Class A and B CDLs and for refresher training includes a unit addressing the right of an employee to question the safety practices of an employer without incurring the risk of losing a job or being subject to reprisal simply for stating a safety concern. Driver-trainees will also be instructed in procedures for reporting to FMCSA incidents of coercion from motor carriers, shippers, receivers, or transportation intermediaries. CMVSA provides, among other things, that the Secretary of Transportation shall prescribe regulations on minimum standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle (49 U.S.C. 31305(a)). The requirement of today’s proposed rule that States test only those entry-level CDL applicants who have completed the training proposed by this NPRM falls within the ‘‘minimum standards for testing’’ authorized by the CMVSA. The training requirement itself, as described below, was created by section 32304 of MAP–21. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 MAP–21 requires DOT to regulate ELDT. Public Law 112–141, section 32304, 126 Stat. 405, 791 (July 6, 2012). MAP–21 modified 49 U.S.C. 31305 by adding paragraph (c), which requires FMCSA to issue ELDT regulations. The regulations must address the knowledge and skills necessary for safe operation of a CMV that must be acquired before obtaining an initial CDL or upgrading from one class of CDL to another. MAP– 21 also requires that training apply to CMV operators seeking passenger or hazardous materials endorsements (49 U.S.C. 31305(c)(1) and (2)). Although the statute specifically requires that the regulations include both classroom and behind-the-wheel instruction, MAP–21 otherwise allows FMCSA broad discretion to define the training methodology, standards, and curriculum necessary to satisfy the ELDT mandate. MAP–21 clearly establishes the scope of operations to be covered by this rulemaking by requiring that ELDT regulations apply to prospective CDL holders operating in both interstate and intrastate commerce. The ELDT requirements are codified in section 31305, and the definition of a CMV in section 31301(4) therefore applies to ELDT. The definition of ‘‘commerce’’ in section 31301(2) covers both interstate commerce (paragraph A) and intrastate commerce (paragraph B). ELDT, as a CDL-related mandate, therefore applies to interstate and intrastate commerce. The ELDTAC recommended the inclusion of a school bus (S) endorsement in the NPRM, although MAP–21 did not specifically mandate training for this endorsement. The current FMCSRs require that, in order for a driver to obtain the S endorsement, he or she must first obtain either a Class A or Class B CDL, as well as pass the knowledge and skills test for a passenger vehicle (P) endorsement (49 CFR 383.123). FMCSA believes that, since Congress recognized the importance of entry-level training in the operation of passenger vehicles by including the P endorsement within the scope of the MAP–21 mandate in section 31305(c), the inclusion of the S endorsement training curriculum in the NPRM is entirely consistent with that mandate. While 49 U.S.C. 31305(c) clearly applies to entry-level CMV drivers— understood as new drivers—FMCSA believes that refresher training is necessary for essentially the same reason. CDL holders who have been disqualified from operating a CMV, have either never learned the necessary skills for safe operation of a CMV or have allowed those skills to deteriorate to the PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 point where they have no greater mastery of operational safety than individuals who have not previously driven a CMV. The Agency believes that requiring refresher training for those drivers is well within the purpose and intent of the training mandate required in 49 U.S.C. 31305(c). Before prescribing any regulations, FMCSA must consider their ‘‘costs and benefits’’ (49 U.S.C. 31136(c)(2)(A) and 31502(d)). Those factors are discussed in the RIA associated with this rulemaking. V. Regulatory and Legal History Initial Efforts To Address ELDT In the early 1980s, the Federal Highway Administration’s (FHWA) Office of Motor Carriers, the predecessor to FMCSA, determined that there was a need for technical guidance in the area of truck driver training. This need was based on a Government Accountability Office report stating that a large percentage of truck crashes are due to driver error.3 Research further showed that few driver training institutions then offered a structured curriculum or a standardized training program, and also showed that, for motorcoaches and school buses, nearly the entire capacity for entry-level training was provided by the fleet operators, and not by training schools. FHWA published a ‘‘Model Curriculum for Training Tractor-Trailer Drivers’’ (Model Curriculum) in 1985. The Model Curriculum provided suggestions and recommendations for training providers covering curriculum, facilities, vehicles, instructor qualifications and hiring practices, graduation requirements, and student placement. Curriculum content addressed basic operation, safe operating practices, advanced operating procedures, vehicle maintenance, and non-vehicle activities (e.g., handling and documenting cargo). The Model Curriculum reflected a consensus among experts at the time of its publication. The 1985 Model Curriculum recommended the equivalent of a total of 148 hours 4 of training, including driving-range time and on-road BTW training. In 1986, the motor carrier, truck driver training school, and insurance industries created the Professional Truck Driver Institute 3 GAO/RCED–89–163, Truck Safety: Information on Driver Training, August 1989. 4 The original Model Curriculum referred to a total of 320 hours. However, these hours of training include periods when the student is not receiving individual instruction, such as while waiting his or her turn to use an available truck to practice driving skills. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules (PTDI) to certify high-quality training programs offered by training institutions. The Model Curriculum, as updated over time, remains as the centerpiece of many training programs currently offered. It provided the starting point for the ELDT curricula requirements proposed in this NPRM. CMVSA, which created the CDL program, defined a CMV, in part, as a vehicle operating in ‘‘commerce,’’ a term separately defined to cover both interstate commerce and operations that ‘‘affect’’ intrastate commerce (49 U.S.C. 31301(2) and (4)). CMVSA directed the Agency to establish minimum Federal standards that States must meet when testing and licensing CMV drivers. The goal was to ensure that drivers of large trucks and buses possess the knowledge and skills necessary to operate safely on public highways. Until 2012, however, as discussed further below in this section, Congress did not specify whether an ELDT rulemaking should be limited to CMV drivers in interstate commerce, or whether it should also encompass CMV drivers operating in intrastate commerce. In accordance with part 383, all drivers of CMVs must possess a valid CDL. In addition to passing the CDL knowledge and skills tests required for the basic vehicle group, all persons who operate or anticipate operating double/ triple trailers, passenger vehicles, tank vehicles, vehicles transporting hazardous materials, or school buses must obtain vehicle-specific endorsements under § 383.93(3)(b). The driver is required to pass a knowledge test for each endorsement, plus a skills test to obtain a passenger endorsement or a school bus endorsement. By 1991, Congress became concerned about the quality and inconsistency of CDL-related training individuals were receiving prior to obtaining a CDL. As a result, section 4007(a)(1) of the Intermodal Surface Transportation Efficiency Act (ISTEA) required FHWA to: (1) Study the effectiveness of private sector training efforts and to report its results to Congress; and (2) to commence a rulemaking on the need to require training of all entry-level drivers of CMVs (Pub. L. 102–240, 105 Stat. 1914, 2151, Dec. 19, 1991). In 1992, the FHWA began to examine the effectiveness of private sector training. A 1995 report titled, ‘‘Assessing the Adequacy of Commercial Motor Vehicle Driver Training’’ (the Adequacy Report) concluded, among other things, that effective ELDT needs to include BTW instruction. While the Adequacy Report recognized that ELDT seemed intuitively beneficial, it also acknowledged the lack of quantitative VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 data linking driver training with positive safety outcomes. The Adequacy Report did not reach a conclusion as to whether ‘‘testing-based,’’ ‘‘trainingbased,’’ or ‘‘performance-based’’ approaches to ELDT would be more effective. The Secretary of Transportation submitted this report to Congress in 1996. A copy of the Adequacy Report is included in the docket for this rulemaking. In 1993, pursuant to section 4007(a)(2) of ISTEA, FHWA began a rulemaking to address the need to require training of all entry-level CMV drivers. On June 21, 1993, FHWA published an ANPRM titled ‘‘Commercial Motor Vehicles: Training for All Entry Level Drivers’’ (58 FR 33874). The NPRM asked 13 questions pertaining to the adequacy of training standards, curriculum requirements, the requirements for obtaining a CDL, the definition of ‘‘entry-level driver’’ training, training pass rates, and costs. 2003 NPRM/2004 Final Rule In November 2002, several organizations filed a petition for a writ of mandamus in the DC Circuit seeking an order directing the DOT to promulgate various regulations, including one establishing ELDT (petition for a writ of mandamus and for Relief from Unlawfully Withheld Agency Action, In re Citizens for Reliable and Safe Highways, No. 02–1363 (D.C. Cir.)). As part of a settlement agreement reached in February 2003, DOT agreed to issue a final rule on minimum training standards for entry-level CMV drivers by May 31, 2004 (Settlement Agreement, In re Citizens for Reliable and Safe Highways, No. 02–1363 (D.C. Cir.)). Both of these documents are available in the docket for this rulemaking. The FMCSA published an NPRM on Friday, August 15, 2003, which proposed training for entry-level drivers based on three main principles (68 FR 48863). First, the NPRM focused on the types of drivers addressed in the Adequacy Report; i.e., only drivers in the heavy truck, motorcoach, and school bus industries. Second, the NPRM focused on drivers who operate in interstate commerce and therefore are subject to MCSA. Third, the Agency limited the NPRM to the following areas: (1) Driver medical qualifications and Federal drug and alcohol testing requirements, (2) driver hours of service limits, (3) driver wellness, and (4) whistleblower protections. The Agency believed that training focusing on these four areas would establish an adequate baseline for training entry-level CMV drivers at a reasonable cost. The NPRM PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 11951 did not specify a required number of hours for the training or propose requirements pertaining to the type of training. The Agency published a final rule on May 21, 2004, that included the four elements proposed in the NPRM (69 FR 29384). In 2005, three parties petitioned the D.C. Circuit for review of the 2004 rule. The Court held that the 2004 final rule was arbitrary and capricious because FMCSA ignored the finding of the Adequacy Report that BTW training was necessary and remanded the rule to the Agency for further consideration (Advocates for Highway and Auto Safety v. Federal Motor Carrier Safety Administration, 429 F.3d 1136 (D.C. Cir. 2005) (Advocates I ). The Court did not vacate the 2004 final rule. 2007 NPRM In response to the Court’s decision in Advocates I, FMCSA published an NPRM on December 26, 2007, that proposed requiring both classroom and BTW training from an accredited institution or program (72 FR 73226). The NPRM generated more than 700 public comments, which varied widely regarding the necessity and efficacy of the proposed ELDT program elements. While most commenters expressed support for the ELDT concept, they had divergent views on several of the proposed rule’s key provisions: (1) Hours-based versus ‘‘performancebased’’ driver training, (2) accreditation, (3) passenger driver training, and (4) post-CDL training. Hours-Based vs. ‘‘Performance-Based’’ Driver Training Several industry organizations expressed opposition to the proposed requirements of a specific minimum number of training hours. Instead, these commenters generally supported a performance-based approach to training that would allow an individual to move through the training program at his or her own pace. Essentially, a driver who demonstrated mastery of one skill would be able to move to the next skill. The driver would not have to repeat continually or practice a skill for a prescribed amount of time—2 hours, for example—if the driver could master the skill in 20 minutes. However, among the various comments expressing support for a ‘‘performance-based’’ approach, there was no consistent interpretation of the term. Other commenters, however, supported a minimum hours-based approach to training. They stated that FMCSA must specify the minimum number of instructional hours in order to be consistent with the original Model E:\FR\FM\07MRP2.SGM 07MRP2 11952 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules Curriculum. Additionally, some supporters of an hours-based approach believed that the Agency’s proposal did not include sufficient hours (particularly BTW hours) to train a driver adequately. Finally, other commenters suggested a hybrid of the hours-based and ‘‘performance-based’’ approaches. Third-Party Accreditation The 2007 NPRM proposed that all commercial driver-training schools be accredited by an agency recognized by either the U.S. Department of Education (ED) or the Council on Higher Education Accreditation. Most commenters opposed the accreditation proposal because they claimed it is long and costly and would not necessarily result in better training of the students because the accreditation is not ‘‘program specific.’’ In other words, the training institution may obtain accreditation, but the accreditation would not be specific to the driver training program’s course content. They argued that accreditation might restrict the number of schools where drivers could receive training. Alternatives suggested included allowing training institutions to selfcertify, subject to Federal or other oversight, or permitting training institutions to voluntarily obtain thirdparty certification or accreditation. However, other commenters believed that even stricter control of training schools should be exercised by the Federal and/or State governments. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Passenger Driver Training Commenters from the motorcoach industry stated that they were an ‘‘afterthought’’ in the NPRM. Specifically, they stated that there was no mention of the Model Motorcoach Driver Training Curriculum in the proposed rule. One motorcoach company asserted that its in-house training program was much more rigorous than the Agency proposal and that it continually tested and re-trained its drivers. Others believed that the proposed training program would have particularly adverse consequences for the motorcoach industry as few institutions offered training specific to that segment of the industry. Post-CDL Training Some commenters suggested that the Agency consider regulatory actions beyond what was proposed in the 2007 NPRM. For example, several individuals and organizations believed FMCSA should assess the merits of implementing a graduated CDL system approach. This concept would involve placing limits on the operations of new VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 CDL holders for certain periods of time until the drivers obtain enough experience to operate without restrictions or limitation. Specifically, such a concept would require that the new CDL holder work under the supervision of an experienced driver or mentor as part of a team operation before being allowed to drive alone. Other commenters stressed that their companies are doing continuous training/testing and that re-training of individuals should be required. As proposed, the 2007 NPRM would have required training before an individual obtained a CDL; the ‘‘finishing training’’ advocated by some commenters was not discussed in the NPRM. The Agency ultimately withdrew the 2007 NPRM for a number of reasons including: Sharply divided public comments; feedback from participants in the Agency’s two public ELDT listening sessions held in 2013; recommendations by the Motor Carrier Safety Advisory Committee (MCSAC), noted below; 5 and the new requirements imposed by MAP–21, discussed below (78 FR 57585, September 19, 2013). MAP–21 Requirements Section 32304 specifically mandates that DOT issue training regulations that (1) address the knowledge and skills needed for safe operation of a CMV, (2) address the specific training needs of those seeking hazardous materials and passenger endorsements, (3) create a means of certifying that an applicant for a CDL meets Federal ELDT requirements, and (4) require training providers to demonstrate that their training meets uniform Federal standards. After Congress enacted MAP–21, FMCSA requested that MCSAC consider the history of the ELDT issue, including legislative, regulatory and research background, and identify ideas and concepts the Agency should consider in moving forward with a rulemaking to implement the MAP–21 requirements. MCSAC issued its letter report in June 2013. ELDT Negotiated Rulemaking/ Advocates II On August 19, 2014, FMCSA formally announced that it was considering addressing the rulemaking mandated by MAP–21 through a negotiated rulemaking (79 FR 49044). Negotiated rulemaking is a process which brings together representatives of various 5 Both available in the docket for this rulemaking, FMCSA–2007–27748. The listening session took place in January and March of 2013. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 interest groups and a federal agency to negotiate the text of a proposed rule. The goal of a negotiated rulemaking proceeding is for the Committee to reach consensus on the text of a proposed rule. The Agency retained a neutral convener, as authorized by the Negotiated Rulemaking Act (5 U.S.C. 563(b)) to impartially assist the Agency in determining whether establishment of a negotiated rulemaking would be feasible and appropriate. To that end, the convener interviewed a broad range of stakeholders concerning ELDT. On September 18, 2014, FMCSA and DOT were sued in a mandamus action requesting that the D.C. Circuit order the Agency to publish a proposed rule on ELDT in 60 days and a final rule within 120 days of the Court’s order (In Re Advocates for Highway and Auto Safety, the International Brotherhood Teamsters; and Citizens for Reliable and Safe Highways v. Anthony Foxx, Secretary of the United States Department of Transportation, et al. (No. 14–1183, D.C. Circuit (2014)) (Advocates II). This document is available in the docket for this rulemaking. On November 26, 2014, the convener submitted his report to the Agency concluding that a negotiated rulemaking was feasible and appropriate. The convening report is available in the docket for this rulemaking. In December 2014, FMCSA announced its intention to establish a negotiated rulemaking committee to negotiate and develop proposed regulations to implement the MAP–21 requirements concerning ELDT for drivers operating CMVs in interstate or intrastate commerce. At that time, FMCSA also stated its intention to finish the negotiated rulemaking process in the first half of 2015, followed by publication of an NPRM the same year and a final ELDT rule in 2016 (79 FR 73274, December 10, 2014). The Agency also described the issues to be addressed by the ELDTAC, interests likely to be significantly affected by the rule, proposed various organizations for membership, and explained how a person may apply or nominate another person for membership on the committee, as required by the Negotiated Rulemaking Act. The FMCSA solicited public comment on the proposal to establish the committee and the proposed membership of the negotiated rulemaking committee. The FMCSA considered the comments and applications submitted, and determined that a negotiated rulemaking committee could adequately represent the interests that would be significantly affected by a proposed rule, and that it was feasible and appropriate to establish the E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 ELDTAC. Next, FMCSA established a charter under the Federal Advisory Committee Act, 5 U.S.C. App. 2, under which it subsequently convened the ELDTAC (79 FR 73273, 73275). On February 12, 2015, the Agency published a Federal Register notice listing the ELDTAC member organizations 6 as required by the Negotiated Rulemaking Act (80 FR 7814). The ELDTAC, composed of FMCSA and a cross-section of 25 representatives from motor carrier transportation, highway safety, and driver training organizations, met for six two-day negotiating sessions starting in February until reaching consensus in May 2015. The ELDTAC meeting minutes and other documentation are available at www.eldtac.fmcsa.dot.gov and in the docket for this rulemaking. On March 10, 2015, the court in Advocates II ordered that the petition for writ of mandamus be held in abeyance pending further order of the court to permit the DOT to issue, by September 30, 2016, final regulations pursuant to MAP–21. Petitioners to the lawsuit agreed to participate in the negotiated rulemaking process to collaborate on the drafting of an NPRM. A consensus agreement of the ELDTAC,7 including FMCSA as a party, was reached on May 29, 2015. In this NPRM, FMCSA has followed the consensus agreement ‘‘to the maximum extent possible consistent with its legal obligations’’ (5 U.S.C 563 (a)(7)). 6 The ELDTAC members are: FMCSA, Advocates for Highway and Auto Safety, American Association of Motor Vehicle Administrators, American Bus Association, Paraprofessional and School-Related Personnel, American Federation of Teachers (AFL–CIO), Amalgamated Transit Union (AFL–CIO), American Trucking Associations, Citizens for Reliable and Safe Highways, Commercial Vehicle Safety Alliance, Commercial Vehicle Training Association, Great West Casualty Company, Greyhound Lines, Inc., International Brotherhood of Teamsters, Massachusetts Registry of Motor Vehicle Division, Massachusetts Department of Transportation, National Association of Publicly Funded Truck Driving Schools, National Association of Small Trucking Companies, National Association of State Directors of Pupil Transportation Services, National School Transportation Association, Owner-Operator Independent Drivers Association, Professional Truck Drivers Institute, Stevens Transport, Spoon Trucking, Truckload Carriers Association, Truck Safety Coalition, United Motorcoach Association, and Women in Trucking. 7 https://www.fmcsa.dot.gov/eldtac (providing comprehensive documentation regarding all negotiated rulemaking meetings leading to the consensus agreement, including committee ground rules, ELDTAC members, agendas, meeting minutes and working documents). VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 ELDTAC Consensus Agreement (Consensus Agreement) 8 At the ELDTAC’s final session in May 2015, the Committee unanimously approved a final package of recommendations, as set forth in the Consensus Agreement, on which this NPRM is based. The key terms/concepts of the Consensus Agreement are: • Beginning on the compliance date of the rule, no ‘‘Entry-Level Driver’’ may take a CDL skills test to receive a Class A CDL, Class B CDL, Passenger Bus endorsement, School Bus endorsement, or Hazardous materials endorsement unless he/she has successfully completed a training program that (1) is provided by a Training Provider who appears on FMCSA’s TPR, and (2) is appropriate to the license/endorsement for which that person is applying. • The ELDTAC approved proposed curricula for Class A CDL, Class B CDL, Passenger Bus endorsement, School Bus endorsement, Hazardous materials endorsement, and Refresher training. • The ELDTAC approved proposed curricula for Class A and Class B training programs generally sub-divided into theory and BTW segments, with BTW driving occurring both on a ‘‘range’’ (any protected area not involving a public road) or a public road. Æ Theory may be taught either online or in a classroom. The ELDTAC agreed not to propose prescribing the length of time to be spent on theory/knowledge instruction. The training provider would administer a written knowledge assessment, which would provide a satisfactory test of competence in the area of instruction. Æ BTW instruction (range and road): D Class A CDL trainees would be required to receive a minimum of 30 hours of BTW with a minimum of 10 hours spent on a ‘‘range’’ (which may be any suitable area not on public roads), and 10 hours driving on a public road or 10 public road trips (no less than 50 minutes each). A 50-minute training session (‘‘academic hour’’) would count as one hour for purposes of this requirement. The training provider will determine how the remaining 10 hours of BTW training will be spent (i.e., whether on a range or public road, or some combination of the two). D Class B CDL trainees would be required to receive a minimum of 15 hours of BTW (range and public road) 8 Written Statement of the Entry-Level Driver Training Advisory Committee, Consensus Recommendation on Rule for Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, Richard W. Parker, Facilitator, June 15, 2015. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 11953 driving, with a minimum of 7 hours of road driving. Again, a 50-minute training session (‘‘academic hour’’) would count as one hour under this requirement. Training providers may determine how the remaining 8 hours of BTW training are spent, as long as the range curriculum, as set forth below, is covered. • These proposed requirements would apply to individuals who obtain the CLP on or after the compliance date. However, the new requirements would not apply to individuals—such as military drivers— for whom 49 CFR part 383 gives States the discretion to waive the CDL skills test. Any individual who fails to obtain the CDL within 360 days after obtaining a CLP would be required to complete a full ELDT course again following application for a new CLP. • An individual holding a CDL that has been canceled or revoked by the State of issuance—and would thus be required to re-take a State-administered CDL exam—would not be required to retake a full ELDT course as a condition of taking such exam. However, any individual whose CDL has been canceled or revoked for a highwaysafety related reason would be required to complete refresher training from a provider listed on the TPR prior to retaking the State CDL exam to re-instate his or her CDL Class A or Class B license. • Once such refresher training is completed, the training certificate would be transmitted from the training provider to FMCSA, and the Agency would electronically transmit the certificate to the SDLA via the Commercial Driver’s License Information System (CDLIS). The rule would include an explicit requirement for SDLAs to administer a CDL skills test to these individuals, but only if there is an electronic training certificate on file with the SDLA. • To become an FMCSA-registered training provider, a person or institution would have to meet the applicable FMCSA’s Eligibility Requirements for Training Providers, and complete and submit (online) a Training Provider Identification Report affirming under penalties of perjury that such provider will teach the FMCSA-prescribed curriculum that is appropriate for that license or endorsement and that such provider meets the eligibility requirements. Training providers that meet these requirements would be placed on FMCSA’s TPR. • The ELDTAC approved two sets of Eligibility Requirements that training providers would meet in order to appear on the TPR. One set of proposed requirements would apply to in-house E:\FR\FM\07MRP2.SGM 07MRP2 11954 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules or school training providers that train, or expect to train, more than three drivers per year, while the other would pertain to small business or for-hire training providers that train, or expect to train, three or fewer drivers per year. All training providers would complete the Training Provider Identification Report as part of their application for registration. • The ELDTAC agreed that theory and BTW training may be delivered by separate providers. • The ELDTAC approved FMCSA’s draft regulatory text setting forth the general requirements for training providers listed on FMCSA’s TPR. • The compliance date of the rule would be three years from the effective date of the final rule. Although the ELDTAC approved the consensus agreement unanimously, two parties formally dissented (as permitted by the ground rules for the negotiated rulemaking) on a single issue, requiring a minimum number of hours for BTW (range and road) for Class A training. A more detailed discussion of the ELDTAC’s deliberations regarding the hours-based approach for BTW, including the dissenting comments, is provided below in the ‘‘General Discussion of the Proposal’’ section. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Issues Left to the Agency’s Discretion by ELDTAC Several items were discussed by the Committee, but left to the Agency’s discretion. These include: • The impact of serious traffic violations on an individual’s eligibility to be a BTW training instructor. • Required record retention period for training providers listed on the TPR. • Finalizing the Training Provider Identification Report requirements. The Committee agreed that a BTW training instructor’s driving record is relevant to his or her overall qualification, but left to FMCSA the decision on how long he or she must have a ‘‘clean’’ driving record. Accordingly, BTW training instructors, during the two years prior to engaging in BTW instruction, must not have had any CMV-related convictions for the offenses identified in § 383.51(b) through (e). FMCSA invites comment on this proposed driver training qualification. ELDTAC briefly discussed how long training providers would be required to retain training records, but ultimately left the decision to the Agency. FMCSA proposes that the records be kept for three years after the date they are created, consistent with the retention requirements in § 391.51(d), General VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 Requirements for Driver Qualification Files. ELDTAC reviewed and commented on a draft version of the Training Provider Identification Report [to be attached as an Appendix] to be used by training providers seeking to be listed on the TPR. The Agency made minor changes to the design and content of the form to reflect the comments received during the ELDTAC’s deliberations. Necessary Conforming Changes Made by the Agency After the Agency began using the consensus of the Committee to form the basis of the proposed rule, the Agency found that there was a need for certain conforming changes. These include: • State reinstatement of a CDL for the BTW portion of refresher training. • A disqualification for refresher training. • Use of a written assessment by training providers that provide theory training to three or fewer driver-trainees annually. • Changes made to hazardous materials endorsement curriculum to be consistent with existing regulations. • Other non-substantive or editorial changes. The Agency proposes a conforming change related to the refresher training curriculum, which includes a BTW component. The completion of the BTW portion of the refresher training implicitly requires that driver-trainees be licensed to drive a CMV on a range or public road. Accordingly, we propose that if a CDL holder has been disqualified from operating a CMV under § 383.51(b) through (e), the State would reinstate the driver-trainee’s CDL solely for the limited purpose of completing the BTW portion of the refresher training curriculum in § 380.625. The State may not restore full CMV driving privileges until the disqualification period is completed and the State receives notification, through the process described below, that the driver successfully completed refresher training. FMCSA specifically invites comment on the practical implications of implementing this proposed requirement. The Agency modified the ELDTAC language concerning when a CDL holder would be required to take refresher training. In lieu of the revocation or cancelation of a CDL for highway safety related reasons by the State of issuance as a trigger for refresher training, the Agency proposes a disqualification under § 383.51(b) through (e) as the sole standard for requiring refresher training. This change would ensure consistency among the States in determining when PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 refresher training is required. FMCSA is using this criteria for both when a CDL holder is required to take refresher training and for determining the qualification of a BTW instructor. The Agency requests comments on these changes. Additionally, FMCSA invites comment on whether a driver disqualified under § 383.52 should also be required to complete refresher training before his or her CDL is reinstated. In reviewing the supporting documentation for the consensus agreement, FMCSA noted that training providers that provide theory training to three or fewer driver-trainees annually are not explicitly required to assess the driver-trainee’s knowledge proficiency by using a written or electronic format (see annex 8, page 53 of the Consensus Agreement). The Agency believes, however, that a written or electronic assessment of a driver-trainee’s proficiency by all training providers is necessary in order to create a record verifying that the training provider followed the applicable theory curriculum requirements; therefore, it includes this requirement in the NPRM. The Agency requests comment on this proposed clarification. FMCSA also revised the description of training providers who train or expect to train three or fewer driver-trainees per year by deleting ‘‘small business or for-hire’’ but maintained the general concept as developed by the ELDTAC. We concluded that the deleted language detracted from the clear ‘‘dividing-line’’ between training entities established by the ELDTAC: Those entities that train three or fewer driver-trainees or those that train more than three. Additionally, FMCSA made editorial changes to certain units in the H endorsement curriculum. The Agency changed the name of the ‘‘Cargo Tank’’ unit to ‘‘Bulk Packages’’; and edited the ‘‘Loading and Unloading HM’’ unit to more accurately reflect the range of transportation containers addressed in current regulations (49 CFR part 177). The six driver training curricula proposed in this NPRM were drafted by the ELDTAC. The Agency made nonsubstantive conforming editorial changes to certain portions of the curricula solely for purposes of clarity and consistency or to eliminate duplication. For example, the ‘‘accident procedures’’ unit of the Class A and B curricula has been removed because all of the requirements are set forth in the ‘‘post-crash procedures’’ units of those same curricula. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules VI. General Discussion of the Proposal MAP–21 mandated that the FMCSA issue regulations to establish minimum entry-level training requirements for all initial interstate and intrastate CDL applicants, CDL holders seeking license upgrades, and those seeking passenger (P) or hazardous materials (H) endorsements. These proposed regulations would address the knowledge and/or skills training required for these CMV drivers. Additionally, this rulemaking would propose new Federal standards that training providers would meet in order to be eligible to deliver ELDT. Finally, while not specifically required by MAP– 21, the NPRM reflects the ELDTAC’s consensus that both refresher training and school bus (S) endorsement training should be required when appropriate. In this NPRM, FMCSA proposes a definition of an ‘‘Entry-Level Driver,’’ a person who must complete the CDL skills test requirements, and focuses on drivers who intend to drive CMVs in interstate and/or intrastate commerce. Generally, military drivers are excepted, and farmers and firefighters are eligible to be excepted from current CDL requirements under § 383.3(c) and (d), respectively. These drivers would continue to be excepted under this proposed rule. The proposed rule also applies to entities that train CDL applicants. Such providers would, at a minimum, offer and teach a driver training curriculum that meets all FMCSA standards as set forth in the NPRM. Furthermore, entities would meet and attest to their compliance with the eligibility requirements set forth in subpart G of part 380. These proposed requirements address the following areas: Course administration; instructional personnel qualifications; training vehicles; training facilities (e.g., classroom and range); and curricula and proficiency assessment. Training providers meeting these requirements would be eligible for listing on FMCSA’s TPR. These providers would continue to meet the required criteria in order to remain listed on the TPR. In addition, training providers would, at FMCSA’s request, be required to supply documentary evidence to verify their compliance with the eligibility requirements. The NPRM also proposes an administrative process for providers removed from or reinstated to the TPR. The NPRM proposes a Class A CDL core curriculum; a Class B CDL core curriculum; three specific endorsement training curricula: Hazardous materials (H), passenger bus (P), and school bus (S); and a ‘‘refresher’’ training VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 curriculum. The core curricula for Class A and Class B CDL training programs subdivide into theory and BTW (range and public road). For those individuals seeking H, P, or S endorsements on their CDL, the appropriate training curriculum would be required. The proposed P and S training curricula are also divided into theory and BTW (range and public road) training. The H endorsement training curriculum is proposed as theory-only training because there is no CDL skills test currently required for those seeking an H endorsement. The NPRM does not propose that any minimum number of hours be spent by driver-trainees in completing the theory portion of any of the individual curricula, nor does it propose that any minimum number of hours be spent completing the non-BTW portion (e.g., pre-trip inspection) of the range training. However, training providers would provide instruction on all elements of the applicable curriculum. The driver-trainee’s successful completion of the appropriate curricula would be required, which includes achieving an overall score of at least 80% on the assessment administered by the training provider. As proposed, a CDL holder who has been disqualified from operating a CMV would need to successfully complete refresher training requirements before applying for reinstatement of their CDL. Similar to the other curricula, the refresher curriculum is broken down into the categories of theory and BTW (range and public road) training; however, the NPRM does not propose that a minimum number of hours be required to complete any portion of the refresher curriculum. As noted above, the Agency proposes that SDLAs issue limited CDL privileges for persons seeking to become reinstated, solely for the purpose of allowing the driver to complete the BTW portion of the refresher curriculum. The NPRM describes factors that would justify FMCSA’s removal of a training entity from the TPR. The proposal sets forth procedures the Agency would follow before an entity can be removed from the TPR, as well as procedures that the training entities would follow in order to challenge a proposed removal. This NPRM also proposes that training providers would electronically notify the TPR that driver-trainees have completed training by the close of the next business day. There would be no limit on the number of training certifications a provider may submit to the TPR at one time, so long as each individual driver-trainee’s successful PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 11955 completion of his or her training is certified separately. The submission of documentation would ensure that each individual received the required training from a provider listed on the TPR prior to applying for the CDL and/ or an applicable endorsement. The proposed compliance date for this rule is three years after the effective date of the final rule. The Agency believes the three-year phase-in period would give the States enough time to (1) pass implementing legislation and/or regulations as necessary; (2) modify their information systems to begin recording the training provider’s certification information into CDLIS and onto the driver’s CDL record; and (3) begin making that information available to other States through CDLIS. The three-year phase-in period would also allow ample time for the CMV driver training industry to develop and begin offering training programs that meet the requirements for listing on the TPR. Dissenting Views From ELDTAC Members While two ELDTAC members, the American Trucking Associations (ATA) and the National Association of Small Trucking Companies (NASTC), voted in favor of the unanimously approved consensus agreement as a whole, they disagreed with the other members of the ELDTAC that a minimum number of hours of BTW training should be prescribed for the Class A CDL. The statute, as noted previously, mandates some amount of BTW training, but it does not prescribe how much, nor does it state whether the minimum amount of BTW training be expressed in hours. ATA cited two reasons for its disagreement with the consensus approach on minimum hours of BTW training. First, ATA argued that the hours-based proposal lacks a scientific basis. ATA cited a 2008 report from the American Transportation Research Institute (ATRI) that concluded that ‘‘no relationship is evident between total training program contact hours and driver safety events when other factors such as age and length of employment are held constant.’’ ATA claimed, therefore, that a proposal prescribing a minimum number of BTW training hours was ‘‘arbitrary.’’ 9 NASTC agreed with this conclusion in its dissent.10 FMCSA notes that the ATRI study did not rely on a representative sample of either motor carriers or new entrant drivers. The Agency therefore does not 9 ATA Letter to Richard Parker, ELDTAC Facilitator, June 15, 2015. 10 NASTC Statement for the Record of the ELDTAC, Rationale for Vote on Hours Requirement for Behind-the-Wheel Training June 15, 2015. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11956 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules view the ATRI report’s conclusion regarding the BTW training requirement as definitive for purposes of this NPRM. However, FMCSA does not have scientific evidence that would suggest that an hours-based requirement improves safety. Throughout the ELDTAC’s deliberations, the need for correlative data pertaining to the effectiveness of any form of ELDT (either the hoursbased or the purely ‘‘performancebased’’ approach favored by ATA and NASTC) was repeatedly acknowledged. But while some participants offered data in response to the request of the ELDTAC’s Data Needs/Cost Benefit Analysis Work Group, none of those submissions included safety benefit data that could be utilized in support of this proposal. However, as discussed in the RIA, there was significant information about existing driver training programs carried out by motor carriers and others that include substantial BTW training. The use of these programs to train a substantial number of CDL holders strongly supports the need for and desirability of establishing minimum BTW hours requirements in the proposed rule. ATA’s second argument was that using an hours-based approach is contrary to the ‘‘performance-based’’ approaches favored in Executive Orders 12866 and 13563, as well as the Office of Management and Budget’s guidance (OMB Circular A–4, September 17, 2003). FMCSA does not believe that the consensus proposal contravenes Executive Order 12866, Section 1 (b)(8), directive that ‘‘[e]ach agency shall identify and assess alternative forms of regulation and shall, to the extent feasible, specify performance objective, rather than specifying the behavior or manner of compliance that regulated entities must adopt’’ (emphasis added). As the discussion in the ‘‘alternatives considered’’ section makes clear, the ELDTAC identified and assessed different approaches to driver training for Class A CDLs. As discussed below, ultimately the ELDTAC adopted a hybrid approach that combines a required minimum number of BTW hours (range and public road) for Class A and Class B CDLs only, with a prescribed theory curriculum for which no minimum number of hours is required, while also incorporating ‘‘performance-based’’ elements, such as reliance on demonstrated outcomes. The approach presented in this NPRM, therefore reflects the consensus of ELDTAC representatives that performance objectives be specified ‘‘to the extent feasible’’. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 Although there are a required minimum number of BTW hours prescribed in this NPRM, FMCSA believes that many of the other provisions included are consistent with Executive Order 12866’s emphasis on performance objectives, as illustrated by the level of discretion that instructors have when assessing the performance of individual driver-trainees. The NPRM proposes that instructors maintain significant flexibility, within the total number of hours required for BTW training in the Class A and B CDL curricula, to allot more or less time to specific elements of the training according to the instructor’s evaluation of the trainee’s demonstrated performance of required skills. For example, the NPRM permits instructors in the Class A curriculum complete discretion to determine how 10 hours (of the total required 30 hours) will be allocated, including whether those hours should be spent on the driving range or on a public road (or some combination of the two), as well as which specific driving maneuvers require further training. This level of instructional discretion, based entirely the trainee’s demonstrated skill proficiency, permits BTW training to be tailored to the needs of the individual. This hybrid approach thus emphasizes the achievement of performance objectives, while also assuring that a reasonable amount of time will be spent on BTW training. As further discussed below, the ELDTAC consensus process vetted all available evidence and alternatives. We further note that FMCSA’s reliance on the consensus agreement ‘‘as the basis’’ for this proposal is required by the Negotiated Rulemaking Act (5 U.S.C. 563(a)(7)) and the ELDTAC Ground Rules (Section (3)(a)). Alternatives Considered As noted above, the Agency is bound to propose in this NPRM the ELDTAC’s consensus package for notice and comment to the maximum extent possible consistent with its legal obligations. The preferred alternatives agreed upon as a package are outlined in the Written Statement from ELDTAC facilitator (docketed at FMCSA–2007– 27748). But as discussed in the analysis of alternatives below, several other options were considered for some of the regulatory provisions being proposed. Due to our legal obligation to propose the consensus package, we provide relatively more analysis of the provisions adopted in the consensus package compared to the alternatives that were considered, but ultimately rejected, by the ELDTAC. As further PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 discussed in the RIA, FMCSA provides some analytical assumptions about these alternatives, as compared to the alternatives ultimately proposed, as a basis for comparison. For example, some of the provisions rejected by the ELDTAC were opposed by industry based on cost considerations. We seek comment on the economic and analytical assumptions utilized to compare the alternatives considered to the approaches proposed in this NPRM. ‘‘Performance-Based’’ Versus HoursBased Approach to ELDT As previously noted, the issue of a ‘‘performance-based’’ approach to BTW training versus an approach requiring that a minimum number of hours be spent in BTW training was the most thoroughly debated issue within the ELDTAC.11 The ELDTAC facilitator framed the discussion as the ‘‘major challenge’’ confronting the Committee. The Agency has considered this issue for many years, both in studies, such as the Adequacy Report, and in connection with prior rulemakings, such as the 2007 NPRM (72 FR 73226, 73229). One of the difficulties surrounding the resolution of this question is that the term ‘‘performance-based’’ is subject to multiple interpretations. In response to the 2007 NPRM, which proposed a minimum number of hours for BTW training, FMCSA received numerous comments addressing the pros and cons of ‘‘performance-based’’ training. These comments made clear that various parties interpreted the term ‘‘performance-based’’ differently. For some commenters, it was a measure of the achievement of specific learning objectives with instructor flexibility, while other commenters thought the term simply meant that students could learn at their own pace. At least one commenter believed that the term indicated that no detailed curricula would be followed. Many commenters understood that a performance-based training system would allow proficient students to ‘‘test out’’ of an otherwise required curriculum. The ELDTAC’s discussions also revealed a lack of common understanding of the term, although Committee members generally agreed that it did not include a minimum-hours requirement. Given the lack of industry consensus on the precise meaning of the term ‘‘performance-based,’’ the Agency hopes to avoid further confusion by not using it in this NPRM. However, by requiring that driver-trainees achieve specific performance objectives in both the 11 ELDTAC Meeting Minutes: March 19–20; April 9–10; May 14–15; May 28–29, 2015. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules theory and BTW portions of the training, this proposal does incorporate key elements of a ‘‘performance-based’’ approach by relying on demonstrated outcomes. The proposed curricula in the NPRM sets forth prescriptive elements of each individual curriculum (including BTW vehicle maneuvers on both range and public road), all of which must be taught and assessed. Other than BTW (range and public road) training for the Class A and B CDL, discussed below, there are no required minimum hours that driver-trainees must spend to complete the applicable curricula. The NPRM reflects the Committee’s consensus that detailed curriculum requirements, combined with a prescribed means of performance assessment in the theory and BTW portions of the curricula, are necessary to ensure both adequacy and uniformity of the minimum ELDT training mandated by MAP–21. This approach prevents individual driver-trainees from ‘‘testing out’’ of any applicable training curriculums. The NPRM requires that, for the theory portion of the training, all elements of each curriculum be taught and a representative portion of each learning unit be assessed by written or electronic means. Driver-trainees must achieve a proficiency rate of at least 80 percent. In the case of BTW training, the ELDTAC first developed a detailed curriculum for Class A and B CDLs. The committee subsequently determined the minimum number of hours necessary to complete the prescribed curricula. A drivertrainee’s competence will be evaluated by the training instructor who is observing the driver-trainees while they are in direct control of the CMV when performing the required elements of the BTW curriculum (noted below) for both range and public road driving. All required driving maneuvers must be performed to the satisfaction of the instructor and the required minimum number of hours for Class A and Class B CDLs must be logged. However, as noted above, the instructor has considerable discretion in determining how the required training time will be spent by each driver-trainee. FMCSA believes that BTW training for entry-level drivers is uniquely suited to an hours-based approach because it ensures that driver-trainees will obtain the basic safe driving skills necessary to obtain a Class A or Class B CDL and to operate their vehicles safely—skills that can only be obtained after spending a reasonable amount of time actually driving a CMV. All but two members of the ELDT supported this approach; safety experts on the committee VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 considered it a requisite element of any meaningful effort to establish an ELDT protocol at the federal level. Notably, Committee members representing the professional training industry stated repeatedly that, when it comes to the proficient operation of a CMV, there is simply no substitute for experience. The proposed BTW hours requirement is intended to ensure that driver-trainees receive a minimum level of that experience. Further, FMCSA notes that this relatively modest hours-based approach proposed for BTW range training is coupled with required driving exercises that would provide driver-trainees with the opportunity to master basic maneuvers identified in the American Association of Motor Vehicle Administrators (AAMVA)12 Commercial Driver License Manual as well as 49 CFR 383.111 and 383.113. These BTW range maneuvers include: Straight line backing, alley dock-backing, off-set backing, parallel parking (blind side), and parallel parking (sight side). The public road portion of BTW training for the Class A and Class B CDL is also coupled with specified driving competencies that the driver-trainees would be required to master, such as vehicle controls (left and right turns, lane changes, curves at highway speeds), shifting/transmission, communication/signaling, visual search, speed and space management, and other safe driving behaviors. The ELDTAC gave extensive consideration to each driver-trainee correctly performing these key driving skills 5 times for Class A drivers (fewer times in the case of Class B), and having the training provider maintain written documentation of such performance in a ‘‘Master Trip Sheet’’ or some comparable document. Ultimately, the ELDTAC decided not to adopt this option—either in addition to, or in lieu of, a minimum number of hours of BTW training requirement. Instead, the ELDTAC recommended that FMCSA provide post-rule guidance on the use of a ‘‘trip sheet’’ as an illustrative method by which BTW training may be documented. In the Agency’s judgment, a hybrid approach combining minimum BTW hours requirement with detailed curriculum requirements is the best way to ensure that drivers will be adequately trained in the safe operation of Class A and Class B CMVs. This approach is also consistent with the recommendation included in the June 12 The ELDTAC committee endorsed this manual as the basis for the range and road training. FMCSA has docketed this material. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 11957 17, 2013, MCSAC Task 13–01 Report, ‘‘Recommendations on Minimum Training Requirements for Entry-Level Commercial Motor Vehicle (CMV) Operators’’, which stated that ‘‘the majority of the group. . .believes that FMCSA should mandate both some minimum behind-the-wheel training hours, along with performance-based requirements that achieve competency.’’ While two ELDTAC members opposed any minimum hours requirement for BTW training, several members thought that the Consensus Agreement, as reflected in this NPRM, should have required a higher number of BTW training hours for Class A and B CDLs. Several ELDTAC members, including the Commercial Vehicle Training Association (CVTA), noted that ELDT programs currently offered in a variety of settings (e.g., community colleges, institutional training providers, motor carriers, etc.) generally require more than the 30 BTW training hours proposed. According to CVTA, ‘‘since quality trainers were and are already training in excess of this [proposed] amount of BTW time, incorporating this BTW component imposes little or no burden on any individual trainer or training program that is teaching the curriculum with the diligence needed to produce safe drivers.’’ 13 (emphasis added). For a more expansive review of existing ELDT program requirements, see the RIA. Accordingly, we solicit comment on whether any minimum number of BTW hours should be required. If there is a required minimum number of hours for BTW training, we seek comment on whether the number of BTW training hours proposed in this NPRM should be retained, lowered, or increased. Further, because minimum hours are not proposed for BTW training for the S and P endorsements or for the refresher training, we also solicit comment on whether, and to what extent, a minimum hours requirement should be added to the BTW portions of those curricula. As previously noted, according to some ELDTAC members and the Agency’s own research, the minimum hours requirement for BTW proposed in this NPRM falls below the requirements currently imposed by many driver training programs. Some Committee members expressed concern that this proposal would cause existing training providers to reduce their level of training to reflect the proposed Federal minimum standard. FMCSA does not believe that will necessarily occur. In 13 CVTA letter to ELDTAC facilitator Richard Parker, June 9, 2015. E:\FR\FM\07MRP2.SGM 07MRP2 11958 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 today’s training environment, in which most States do not impose requirements pertaining to ELDT training, one might expect drivers to take only the bare minimum necessary to pass the CDL skills test. Yet that is not the case. As discussed in the RIA, a substantial share of driver trainees currently obtain training, often paid for by the motor carriers themselves, that exceeds the requirements proposed by the NPRM. The reason is that carriers and their insurers have a vested interest in putting drivers on the road that can operate their CMVs safely and efficiently and that the costs of such programs are fully justified in light of the benefits to the motor carriers and the drivers themselves. In light of this market-driven imperative, we do not think it is reasonable to assume that training providers would diminish the scope or length of their training in response to this NPRM. Third-Party Accreditation Versus SelfCertification The ELDTAC considered whether to propose that ELDT programs subject to this rule be accredited by third parties recognized by, for example, ED or the Council for Higher Education Accreditation. Citing the cost and potential administrative difficulties of implementing a third-party accreditation requirement, the Committee rejected this approach in favor of a self-certification process whereby training providers would attest that they meet specified eligibility requirements for listing on the TPR. The Committee approved the use of a detailed application, the Training Provider Identification Report (described below in the Paperwork Reduction Act section), designed to capture that information.14 Training providers listed on the TPR would be subject to audit or investigation by FMCSA and must, on request, produce documentation establishing their compliance with the eligibility requirements. FMCSA intends to provide post-rule guidance regarding both suggested and required documentation, including the forms of documentation identified in Annexes 7 and 8 of the ELDTAC Consensus Agreement. This approach is consistent with the MCSAC’s recommendation that, in lieu of third-party accreditation, ELDT programs rely on an approved curriculum, quality assurance requirements for training providers, and a self-certification process to ensure a 14 ELDTAC Meeting Minutes, April 9–10, 2015; May 14–15, 2015. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 minimum level of program quality.15 Some ELDTAC members asserted that the level of specificity of the new proposed reporting requirements alone could discourage unscrupulous training providers from entering the training field or from staying in the driver training business. In addition, such requirements would provide FMCSA with information that might be used to detect fraudulent training providers who may subsequently be removed from the TPR in accordance with the procedures set forth in the NPRM, and subject to other penalties. ELDT Curricula The Committee thoroughly considered the skills components and theory elements included in the six curricula proposed in the NPRM. At the outset, the ELDTAC agreed that the FHWA Model Curriculum would form the basis for initial discussions. The entire ELDTAC made all final decisions regarding curriculum content, based on detailed proposals by curriculumspecific Work Groups, which were revised and refined throughout the Committee’s deliberations. FMCSA intends to provide additional post-rule guidance concerning available resources which may be used to supplement the required curricula, including those resources specifically identified by the ELDTAC: Pipeline and Hazardous Materials Safety Administration (PHMSA) basic HM awareness; 16 training for commercial drivers of cargo tank motor vehicles transporting HM created jointly by the FMCSA, PHMSA, and industry partners; 17 and the North American Fatigue Management Program (NAFMP).18 Activities on the range training consist of driving exercises that provide practice for the development of basic control skills and mastery of basic maneuvers as set forth in the American Association of Motor Vehicle Administrators (AAMVA) manual on how to operate a CMV safely. The experience on the range provides the groundwork for how to drive on the road in real world situations. The practicing of skills on the driving range will ultimately make a trainee a better driver. One example of a skill taught on the range is shifting. This is a skill that a trainee must master not only for acquiring their CDL, but also when the individual is operating on a public road or highway. These maneuvers/training 15 MCSAC Task 13–01 Report, pp. 4–5. 16 https://www.phmsa.dot.gov/hazmat/outreach- training. 17 https://www.fmcsa.dot.gov/rolloverprevention. 18 https://www.nafmp.org.en/. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 topics are included in the road test that a trainee will need to know and master in order to pass this test and acquire their CDL. To maintain maximum flexibility, FMCSA did not propose that a certain portion of the range training needed to precede road training, but expects that trainers will require the completion of basic maneuvers in a controlled environment before allowing a student to operate on a public road. FMCSA notes that ELDTAC did not propose a curriculum for Class C CDL training because a Class C vehicle, must, by definition, be designed to transport 16 or more passengers (including the driver) or any hazardous materials as defined in 49 CFR 383.5. As such, the Class C driver needs either a P or an H endorsement, and this NPRM proposes training curricula for both of those endorsements. Class C training is therefore effectively covered by the proposed endorsement training. FMCSA seeks comment on the scope and content of the proposed curricula. For example, FMCSA is aware that some carriers and owner-operators utilize CMVs equipped only with an automatic transmission. In the proposed curricula for Classes A and B, shifting/ transmission is a required element of both theory and BTW components of the training. We invite comment on whether there should be an option to forego this element of the training for drivertrainees who intend to operate CMVs equipped only with automatic transmissions. Currently, for drivers who take their CDL skills tests in a CMV equipped with an automatic transmission, the State must indicate on the CDL that the person is restricted from operating a CMV with a manual transmission (49 CFR 383.95(c)(1)). FMCSA seeks comment on whether the hazardous material regulations (HMR) training in 49 CFR 172.704 could be used or modified to satisfy the H endorsement training in this proposed rule. Data One of the most significant challenges faced by both FMCSA and ELDTAC is the limited quantitative or qualitative data correlating the provision of any type of ELDT with positive safety outcomes, such as crash reduction. During the ELDTAC deliberations, a Data Needs/Cost Benefit Analysis Work Group was formed in order to focus specifically on identifying and gathering relevant data. Although some members of the Work Group submitted information in response to the data needs outlined by FMCSA’s economists at the outset of the ELDTAC’s deliberations and in subsequent E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 requests, none of the data provided was statistically adequate for use in this rulemaking analysis. The Agency seeks comment, for example, on whether the insurance industry provides discounted premiums to carriers who train entrylevel drivers, or who employ entry-level drivers who have received training elsewhere (e.g., from a community college or independent training school). The specific data needs related to this proposal, as well as the efforts FMCSA made to obtain data throughout the ELDTAC deliberations, are discussed in the RIA. Impact of the NPRM on Small Training Provider Entities During its deliberations, ELDTAC worked to ensure that the proposed rule would not be unduly burdensome to small entities that provide ELDT. The small business representatives on the ELDTAC provided valuable contributions in this regard. Based on their input, there are several regulatory elements in today’s proposal tailored specifically to meet the needs of small training provider entities. First, the Committee decided not to propose that any training entity maintain its own designated driving range. Instead, the NPRM sets forth the proposed elements that any area would meet in order to be suitable for range training. This approach provides the flexibility for small training entities to use publicly available areas, such as office building or mall parking lots during ‘‘off’’ hours for range training, so long as the basic definitional requirements (e.g., range area must be free of obstructions and permit adequate sight lines) are met. The Agency requests comments on the practicability of this proposed approach. FMCSA notes that if training is done in a publicly accessible area such as a mall parking lot, all CLP requirements apply. Second, the Committee considered proposing requirements pertaining to classroom facilities used for teaching the theory portion of the curricula, such as adequate ventilation, adequate space per driver-trainees, etc. However, in deference to the concerns of small training providers, the Committee ultimately chose not to propose any standards in this NPRM regarding the physical learning environment for theory training. We note, however, that it is outside the scope of this proposal, as well as FMCSA’s authority and the ELDTAC’s jurisdiction, to propose any changes in classroom facility requirements currently imposed at the local, State, or Federal levels. Third, this proposal reflects the ELDTAC’s intent to impose fewer VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 11959 eligibility requirements regarding the instructional personnel of training providers who train, or expect to train, three or fewer entry-level drivers per year. For example, while instructors affiliated with these providers must have a valid CDL of the appropriate or higher class and endorsements required to operate the CMVs for which training is provided, plus at least one year of driving experience in those vehicles, they would not be required to have completed training in the on-road portion of the curriculum in which they are instructing (a requirement that is imposed on instructors affiliated with providers training more than three drivers per year). Finally, ELDTAC decided not to propose that these small training entities provide written training materials addressing the various curricula elements proposed in this NPRM, in an effort to lessen the administrative burden on such entities. Based on the Agency’s review of supporting documents to the consensus agreement, we infer that the Committee also intended to exempt instructors affiliated with providers training three or fewer drivers per year from State requirements currently applicable to CMV instructors. We note, however that the Agency has no legal authority to do so. Further, the Agency notes the relative ease with which all training providers, regardless of size, would be able to apply for and obtain listing on the TPR. The process would be entirely electronic, eliminating any need for paperwork. Listing on the TPR would be accomplished solely by the training providers’ completion of the FMCSA Entry-Level Driver Training Provider Identification Report; there is no separate requirement that the training provider be accredited by a third-party. In declining to impose such a requirement, the Committee specifically cited the costs associated with thirdparty accreditation and the disproportionate impact of such a requirement on small training providers. In addition, the certification that a driver has completed training would also be accomplished electronically. The Agency seeks comment from small business entities regarding any specific changes to the NPRM that would further lessen the regulatory burden imposed by these training requirements. The Agency specifically seeks comments on the following topics. 1. Is there any additional data on the safety benefits of requiring ELDT training that you can provide (e.g. demonstrated crash reduction as a result of training)? 2. As proposed, would the training be effective in improving safety? If so, what aspects of the proposal would be effective in improving safety? If not, how could the training be delivered more effectively than proposed? 3. Is there any duplication in the commercial learner’s permit exam and ELDT theory training? If yes, should it be eliminated or minimized? 4. FMCSA proposed a specific number of required hours for the BTW training for Class A and B. First, should there be a required number of BTW hours for these two programs? If so, is FMCSA’s proposal for 30 hours (Class A) and 15 hours (Class B) appropriate? 5. If there is not a required number of behind the wheel hours, what alternative would be appropriate to ensure adequate BTW training for Class A and B? Would a requirement that is expressed in terms of outcomes rather than specifying the means to those ends be more appropriate? 6. FMCSA allowed training providers flexibility by using either clock-hours or academic hours depending on the type of entity that offers the training (e.g. community college vice carrier provided trainer). FMCSA requests comment on whether training providers should be allowed to use academic hours versus clock-hours. Furthermore, FMCSA asks for input regarding whether there is a discernable difference between the two concepts. 7. MAP–21 did not mandate that FMCSA include the ‘‘S’’ endorsement as part of the required training. Given the devastating consequences of unsafe school bus operation, should the ‘‘S’’ endorsement training be retained in the final rule? 8. The Agency did not propose that the theory, BTW range, and BTW public road training occur in a specific sequence in order to allow training providers the flexibility to determine how they would structure their programs. FMCSA requests comment on whether there should be a particular order associated with the theory, BTW range, and BTW public road curricula. Major Issues on Which the Agency Seeks Comment Subpart E of Part 380 FMCSA has requested comment on several issues throughout this section. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 Section-by-Section Explanation of the Proposed Changes Subpart E would be retitled as ‘‘Subpart E—Entry-Level Driver Training Requirements Before [DATE 3 E:\FR\FM\07MRP2.SGM 07MRP2 11960 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].’’ On the compliance date of the final rule, this subpart would be removed and reserved and replaced by new subparts F and G. New Subpart F of Part 380 The proposed entry-level driver training requirements that would replace those in current subpart E would be titled ‘‘Subpart F—Entry-Level Driver Training Requirements On and After [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE].’’ § 380.600 Compliance Date for Training Requirements for Entry-Level Drivers This section states that the compliance date would be three years after the effective date of the final rule. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.601 Purpose and Scope This proposed section specifies that Subpart F establishes requirements for entry-level drivers, minimum curriculum content, and standards for training providers. Proposed § 380.601 further specifies that the term ‘‘ELDT’’ applies only to individuals initially applying for a CDL or for a CDL upgrade and does not otherwise amend substantive CDL requirements in parts 383 and 384 beyond the changes authorized by MAP–21. § 380.603 Applicability This proposed section explains that ELDT applies to all entry-level drivers, defined in this subpart, who intend to drive CMVs, as defined in § 383.5, in interstate and/or intrastate commerce. This section specifically excludes from its scope drivers excepted under § 383.3(c), (d), and (h), and those drivers applying for a restricted CDL under § 383.3(e) through (g). These exceptions cover many groups of drivers, including military drivers, farmers, and firefighters; veterans with military CMV experience who meet all the requirements and conditions of § 383.77; or applicants seeking restricted CDLs from Alaska, farm-related service industries, and the pyrotechnics industry. This proposal applies only to those individuals who, upon the compliance date, would need to obtain a CDL (or a CDL upgrade or endorsement) and does not otherwise amend substantive CDL requirements in parts 383 and 384. Veterans with military CMV experience who meet all the requirements and conditions of § 383.77 would be excepted if the State waives the skills test, though they would still need to take the State’s written test. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 These requirements apply to individuals who obtain the CLP on or after the compliance date. Any individual who fails to obtain the CDL within 360 days after obtaining a CLP would be required to complete a full ELDT course following application for a new CLP. Once an entry-level driver receives training certification qualifying him or her to take the CDL skills test and/or the applicable endorsement skills test for the first time, the person is not required to obtain such certification again. However, if a CDL holder is disqualified from operating a CMV, a driver must take refresher training, as set forth in § 380.625, before reapplying for a CDL or endorsement. § 380.605 Definitions FMCSA created a new definition for this subpart for behind-the-wheel (BTW) instructor, behind-the-wheel (BTW) range training, behind-the-wheel (BTW) public road training, entry-level driver, entry-level driver training, experienced driver, range, refresher training, theory instruction,19 theory instructor, and training provider. In the definition of ‘‘BTW instructor’’ the Committee agreed to the requirement of 1 year of CMV experience driving or 1 year or experience as a BTW instructor. The Consensus Agreement included a statement that 2 or more years of such experience ‘‘is preferable.’’ 20 The Committee agreed that FMCSA should solicit comment on whether the twoyear requirement would affect the applicability of State laws relating to instructors or training providers. § 380.609 Entry-Level Driver Training Requirements This proposed section explains in detail that an applicant for a CDL must complete training that meets the applicable requirements for the CDL class and endorsements (i.e., Class A, Class B, passenger, school bus, or hazardous materials) from a provider listed on FMCSA’s TPR. Paragraph (c) provides that CDL holders who are disqualified from operating a CMV, must complete refresher training from a training provider listed on the TPR. 19 The Agency anticipates that online theory training providers will enter the training market after publication of a final rule (the NPRM permits theory and BTW training to be provided by separate entities). We expect that online training will represent a lower cost and less time-consuming option than the traditional classroom setting, lessening the burden on driver-trainees. 20 Consensus Agreement, pg. 46, footnote 3. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 § 380.611 Entry-Level Driver Training Provider Requirements This proposed section states that training providers must, at a minimum, meet the requirements of part 380 subpart G, and these training providers must attest that they meet those requirements. Upon request, training providers must supply documentary evidence to verify that they meet the requirements in subpart G. As proposed, training in the theory and BTW portions of the curricula may be offered by the same or different training providers as long as the provider is listed on the TPR. The NPRM does not propose that the theory and BTW portions of the curricula be instructed in any particular order, although ELDTAC members suggested that the industry norm is that theory training precedes BTW (range and public road) training. If theory and BTW training is received from separate providers, FMCSA would not transmit training certification to the SDLA until it receives notice of successful completion of both theory and BTW (range and public road) training, when applicable. The Agency requests comment on whether the rule should require that theory and BTW training be taken sequentially and specifically whether theory training should be required before taking the Stateadministered written test to obtain a CLP. § 380.613 Class A—CDL Training Curriculum This proposed section would require drivers seeking a Class A CDL to successfully complete the Class A curriculum outlined in this section. There is no minimum number of instruction hours proposed for the theory training, but the training provider would cover all of the topics set forth in the curriculum. The drivertrainees would also complete a minimum of 30 hours of BTW training with a minimum of 10 hours spent driving on a range. Driving on a public road would also be required, and Class A CDL driver-trainees may fulfill this requirement by either (1) driving 10 hours on a public road, or (2) 10 public road trips (each no less than 50 minutes in duration). The training provider will determine how the remaining 10 hours of BTW training will be spent (i.e., whether on a range or public road, or some combination of the two). The mandatory minimum number of hours of BTW training would be conducted in a CMV for which a Class A CDL would be required. E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules § 380.615 Class B—CDL Training Curriculum This proposed section would require drivers seeking a Class B CDL to complete the Class B curriculum outlined in this section. No minimum number of instruction hours for theory training is proposed, but the training provider would cover all of the topics set forth in the curriculum. The drivertrainees would also complete a minimum of 15 hours of BTW driving training, with a minimum of 7 hours of public road driving. Training providers may determine how the remaining 8 hours of BTW training are spent, as long as the range curriculum, as set forth below, is covered. The mandatory minimum number of hours of BTW driving training would be conducted in a CMV for which a Class B CDL would be required. § 380.619 Passenger Endorsement Training Curriculum This proposed section sets forth the proposed training requirements and curriculum for CMV drivers seeking a passenger (P) endorsement. As proposed, there is no minimum number of instruction hours for the theory and BTW (range and public road) portions of the P endorsement training, but the training provider would cover all of the topics set forth in the curriculum. The training would be conducted in a representative vehicle for the P endorsement. § 380.621 School Bus Endorsement Training Curriculum FMCSA proposes a curriculum to address the specific training needs of a CMV driver seeking an S endorsement on a CDL. As proposed, there is no minimum number of hours for the theory and BTW (range and public road) portions of the S endorsement training, but the training provider would cover all of the topics set forth in the curriculum. The training would be conducted in a representative vehicle for the S endorsement. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.623 Hazardous materials training curriculum This proposed section sets forth the training requirements and curriculum for a CMV driver seeking a hazardous materials (H) endorsement. As proposed, there is no minimum number of instruction hours for this training. This proposed training would be theoryonly because the current CDL requirement to obtain an H endorsement does not include a skills test. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 § 380.625 Refresher Training Curriculum This proposed section specifies the refresher training for CDL holders who are disqualified from operating a CMV (49 CFR 383.51(b) through (e)). These individuals would be required to complete refresher training from a provider listed on the TPR. As proposed, there is no minimum number of instruction hours for the theory and BTW (range and public road) portions of the refresher training, but the training provider would cover all of the topics set forth in the curriculum. 49 CFR Part 380, Subpart G Registry of Entry-Level Driver Training Providers § 380.700 Scope This proposed section establishes the minimum qualifications for an entity to be eligible for listing on the FMCSA Training Provider Registry (TPR). The TPR would be an online portal administered by FMCSA allowing training providers to register. The TPR allows drivers seeking training to find an eligible provider who meets their needs. § 380.703 Requirements for Training Provider Registry This proposed section outlines the requirements that a training provider would meet in order to be eligible for listing on the TPR. Training providers would agree to follow the applicable curriculum for the CDL class and/or endorsement for which they provide training. Additionally, the training provider would utilize instructors, facilities, and equipment that meet the proposed requirements. Third, the training provider would allow FMCSA or its designated representative to conduct audits or investigations to ensure that the provider meets the eligibility criteria for listing on the TPR. Finally, the training provider would complete the FMCSA Entry-Level Driver Training Provider Identification Report [See appendix for part 380], which provides basic business information to FMCSA and also includes an attestation, under penalties of perjury, that the provider meets all of the requirements for listing on the TPR. This section also provides that once a training provider meets the requirements of §§ 380.703 and 380.707, the training provider would receive a unique TPR number from FMCSA for each separate training location to be listed on the TPR. § 380.707 Entry-Level Training Provider This proposed section would require that the training provider ensure that PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 11961 public road driver-trainees meet certain Federal, State, and local rules and regulations related to their ability to obtain a CDL. This section reiterates that training providers would follow the applicable curriculum for the CDL class or endorsement for which they provide training. In addition, the training provider would offer reasonable assurance that driver-trainees can demonstrate proficiency in the theory and/or BTW (range and public road) portions of the curriculum. § 380.709 Facilities This proposed section includes a requirement that the classroom facilities meet all currently applicable Federal, State, and local laws and regulations. For reasons noted previously, FMCSA is not imposing any requirements related to classroom facilities. The driving range, as defined in § 380.605, must be free of obstructions, enable the driver to maneuver safely and be free from interference from other vehicles and hazards, and have adequate sight lines. A training provider that teaches the range portion of the curriculum would have an instructor onsite who can demonstrate appropriate skills and correct deficiencies of individual driver-trainees. § 380.711 Equipment This section proposes that training providers use training vehicles that are in safe mechanical condition. Vehicles used for BTW training would comply with applicable Federal and State safety requirements. Driver-trainees would be instructed in the same class (i.e., Class A or Class B) and type of vehicle (cargo, passenger or school bus) that they will be operating for their CDL skills test. § 380.713 Driver-Instructor Qualifications/Requirements This section proposes that theory training providers utilize instructors who are either an experienced driver or a theory instructor as defined in § 380.605. BTW training providers would be required to utilize experienced drivers as defined in § 380.605. In addition, BTW training instructors, during the two years prior to engaging in BTW instruction, must not have had a disqualification, as defined by § 383.5, under § 383.51(b) through (e). Training providers would also be required to utilize only BTW instructors on public roads whose driving record meets applicable Federal and State requirements. § 380.715 Assessments This section proposes that training providers assess (in written or electronic E:\FR\FM\07MRP2.SGM 07MRP2 11962 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules format) the driver-trainee’s mastery of the knowledge objectives covered in the applicable theory portion of the training. In order to pass, a drivertrainee must receive an overall score of 80% or higher on the assessment. A driver-trainee’s BTW proficiency on the range would be assessed by the instructor’s evaluation of his or her performance of the fundamental vehicle control skills and routine driving procedures, as set forth in the applicable curricula requirements. Likewise, BTW proficiency on a public road would be assessed by observing the drivertrainee’s performance of the driving maneuvers specified in the curriculum. As noted above, theory and BTW training could be delivered by separate providers. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.717 Training Certification This section proposes that all training providers be required to upload training certificates to the TPR by close of the next business day after the drivertrainee successfully completes the training. The Agency would transmit the certification to the SDLA via CDLIS. This certificate would include: (a) Driver name, CDL/CLP number, and State of licensure; (b) Vehicle class and/or endorsement training the individual received; (c) Name and TPR identification number of the training provider; and (d) Date of successful completion of the training. § 380.719 Requirements for Continued Listing on the Training Provider Registry The Agency proposes that, in order to remain on the TPR, a training provider would continue to ensure that its program meets the requirements defined in § 380.703 as well as all applicable State training licensure, registration, certification, or accreditation requirements. The goal is not to attempt to enforce State requirements, but to ensure that a training provider that fails to satisfy applicable State requirements should not remain on the TPR. In addition, a training provider would update its FMCSA Entry-Level Driver Training Provider Identification Report biennially and report changes in key information to FMCSA within 30 days of the change. Key information changes would include a change in the status of a training provider based on the number of driver-trainees actually trained in a twelve-month period. For example, if, when submitting the report form, a training provider anticipated training three or fewer driver-trainees annually, but in fact trained more than three, that provider would no longer be eligible for treatment as a small training provider. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 The provider’s change in status would be updated on the report form and the provider would thereafter be subject to all requirements of § 380.707 (a) through (d). We invite comment regarding this proposed requirement. The training provider would also maintain required documentation as set forth in § 380.725 and ensure such documentation is available upon request to FMCSA or its authorized representative. Finally, in order to be eligible for continued listing on the TPR, training providers would allow FMCSA or its authorized representative to conduct an audit or investigation of the provider’s operations. § 380.721 Removal From the Training Providers Registry: Factors Considered This section proposes that FMCSA may rely on a variety of factors to determine whether to remove a training provider from the TPR, including, but not limited to: • The provider’s failure to comply with the requirements for continued listing on the TPR, as described in § 380.719. • The provider’s failure to permit FMCSA or its authorized representative the opportunity to conduct an audit or investigation of its operations. • The audit conducted by FMCSA or its authorized representative identifies material deficiencies in the training provider’s compliance with the eligibility requirements for listing on the TPR. • The training provider falsely claims to be authorized to provide training in accordance with the applicable laws and regulations in any State in which the provider conducts training. • The SDLA CDL exam passage rate of those individuals who successfully complete the provider’s training is abnormally low. FMCSA is not establishing a minimum required CDL passage rate, but would use this information in the context of State norms. • There is evidence of fraud or other criminal behavior by the training provider. § 380.723 Removal From the Training Provider Registry: Procedure FMCSA would establish procedures for removing training providers from the TPR based on the failure of the training provider to meet the applicable requirements under 49 CFR part 380. This section proposes that the Agency provide the training provider with a notice stating the reason for the proposed removal and any corrective actions the training provider must take in order to remain listed on the TPR. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 The training provider must notify current driver-trainees, as well as those persons scheduled for future training, that it has received a notice of proposed removal. Training conducted after the issuance of a notice of proposed removal would not be compliant and, therefore, not valid for issuance of a CDL, until FMCSA withdraws the notice. A training provider that wishes to remain listed on the TPR would have to provide a written response to the Director, Office of Carrier, Driver, and Vehicle Safety Standards (Director), within 30 days of the proposed removal, explaining why it believes that decision is not proper or setting forth the corrective actions that the training provider will take, or has taken. Within 60 days, the Director would notify the training provider of the Director’s decision. Within 30 days of its removal from the TPR, a training provider may submit a written request for review of the Director’s decision to the FMCSA Associate Administrator of Policy. The ELDTAC discussed the effect of a training provider’s involuntary removal from the TPR on those driver-trainees enrolled in that provider’s program at the time of the removal, but who have not yet completed their course of training. The Committee ultimately decided that this is an issue appropriately left to negotiations between driver-trainees and the training provider. In extreme circumstances, the Director may immediately remove a training provider from the TPR. An extreme circumstance may include, for example, issuance of a training certificate without a training provider actually providing any training. Alternatively, training providers may voluntarily remove themselves from the TPR by submitting a written request to the Director. These proposed removal procedures are based on the process currently used in § 390.115, Procedure for removal from the National Registry of Certified Medical Examiners. The Agency seeks comment on whether there are preferable alternative approaches to the removal of training providers from the TPR. § 380.725 Documentation and Record Retention This section proposes the documents that training providers must maintain and for how long. All training providers would maintain these records for 3 years from the date they were created, consistent with § 391.51, General requirements for driver qualification files. E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 49 CFR Part 383, Commercial Driver’s License Standards; Requirements and Penalties 49 CFR Part 384—State Compliance With Commercial Driver’s License Program § 383.51 § 384.230 Entry-Level Driver Certification On or after the compliance date of the final rule, a State may not issue an initial Class A or B CDL; an initial CDL with a hazardous materials, passenger, or school bus endorsement; or a CDL upgraded from one class to another; or may not upgrade a CDL with a hazardous materials, passenger, or school bus endorsement, unless it follows the procedures prescribed in § 383.73 of this subchapter for verifying that a person received training from a provider listed on the TPR. A State may issue a CDL to an individual who obtained a CLP before the compliance date when such an individual has not complied with § 380.603(c)(1), as long as the individual obtains a CDL within 360 days after obtaining a CLP. A State may not issue a CDL to an individual who obtains a CLP on or after the compliance date of the final rule unless they comply with § 380.603. Disqualification of Drivers A new paragraph (a)(8) proposes that CDL holder may not be fully reinstated after a disqualification from operating a CMV under § 383.51 (b) through (e) until the individual successfully completes the refresher training curriculum in § 380.625. § 383.71 Driver Application Procedures New paragraphs (a)(3), (b)(11), and (e)(3) through (5) propose the successful completion of the training prescribed in part 380, subpart F, before an initial Class A or B CDL, or a CDL with a hazardous materials, passenger, or school bus endorsement, or an upgrade to the CDL is issued. In addition, paragraph (a)(4) would require drivertrainees who have successfully completed the theory portion of the training to complete the skills portion within 360 days, except for drivertrainees seeking the H endorsement (for which the skills test is not required). § 383.73 State Procedures New paragraphs (b)(10) and (c)(8), and a revised paragraph (b)(3)(ii) propose to prohibit a State from issuing an initial Class A or B CDL, or a CDL with a hazardous materials, passenger, or school bus endorsement, or an upgrade to a CDL unless the SDLA has received electronic certification indicating completion of the ELDT requirements in part 380. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 383.95 Restrictions New paragraph (h) proposes to allow limited commercial driving privileges after a CDL holder has been disqualified from operating a CMV under § 383.51(b) through (e). The State would reinstate the CDL solely for the limited purpose of the driver’s completion of the BTW portion of the refresher training curriculum in § 380.625. The State may not restore full CMV driving privileges until the State receives notification that the driver successfully completed the refresher training curriculum. § 383.153 Information on the CLP and CDL Documents and Applications New paragraph (a)(10)(ix) would designate ‘‘R’’ as the code for the refresher training restriction on a CDL. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 § 384.301 Substantial Compliance— General Requirements States would be required to comply with the new ELDT requirements within three years of the effective date of the final rule. VIII. Regulatory Analyses A. Executive Order 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563 FMCSA has determined that this rulemaking is an economically significant regulatory action under Executive Order (E.O.) 12866, Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011). It also is significant under Department of Transportation regulatory policies and procedures because the economic costs and benefits of the rule exceed the $100 million annual threshold and because of the substantial congressional and public interest concerning the lack of Federal entry-level driver training requirements. A draft regulatory impact analysis is available in the docket as indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. Summary of Estimated Costs Entry-level drivers, motor carriers, training providers, SDLAs, and the Federal Government would incur costs for compliance and implementation. The costs of the rule include tuition PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 11963 expenses, the opportunity cost of time while in training, compliance audit costs, and costs associated with the implementation of the TPR. As shown in Table 1 above, FMCSA estimates that the 10-year cost of the proposed rule would total $5.55 billion on an undiscounted basis, $4.86 billion discounted at 3%, and $4.15 billion discounted at 7% (all in 2014 dollars). Summary of Estimated Benefits This proposed rule would result in benefits to CMV operators, the trucking industry, the traveling public, and to the environment. FMCSA estimated benefits in two broad categories: Non-safety benefits and safety benefits. Training would lead to more efficient driving techniques, resulting in a reduction in fuel consumption and consequently lowering environmental impacts associated with carbon dioxide emissions. Training that promotes safer, more efficient driving has been shown to reduce maintenance and repair costs. Training related to the performance of complex tasks may improve performance; in the context of the training required by this proposed rule, improvement in task performance may reduce the frequency and severity of crashes thereby resulting in safer roadways for all. As stated in the standalone regulatory impact analysis, however, lack of data directly linking training to improvements in safety outcomes (such as reduced crash frequency or severity) necessitated that the Agency perform a threshold analysis, consistent with OMB Circular A–4 guidance, to determine the degree of safety benefits that would need to occur as a consequence of this proposed rule in order for the rule to achieve costneutrality.21 Absent any quantified safety benefits, as shown in table 2 of section B. Summary of Major Provisions, the directly quantifiable benefits over the 10-year period of 2020 to 2029 attributable to the proposed rule total $2.68 billion on an undiscounted basis, $2.33 billion discounted at 3 percent, and $1.99 billion discounted at 7 percent (all in 2014 dollars). The net cost of this proposed rule (net of costs and quantifiable benefits) over the 10-year period of 2020 to 2029, for which the threshold analysis estimated the degree of safety benefits necessary to offset, total $2.54 billion discounted at 3 percent, and $2.16 billion discounted at 7 percent. On an annualized basis, 21 Office of Management and Budget. Circular A– 4. Regulatory Analysis. September 17, 2003. Available at: https://www.whitehouse.gov/omb/ circulars_a004_a-4/ (accessed July 23, 2015). E:\FR\FM\07MRP2.SGM 07MRP2 11964 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules these net costs equate to $289 million amortized at 3 percent and $287 million amortized at 7 percent. As documented in detail in the RIA, an 8.15% improvement in safety performance (that is, an 8.15% reduction in the frequency of crashes involving those new entry-level drivers who would receive additional pre-CDL training as a result of this proposed rule during the period for which the benefit of training remains intact) is necessary to offset the net cost of the rule. The RIA is available in the docket. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980, Public Law 96–354, 94 Stat. 1164 (5 U.S.C. 601–612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111–240, 124 Stat. 2504 September 27, 2010), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses. FMCSA has not determined whether this proposed rule would have a significant economic impact on a substantial number of small entities. Therefore, FMCSA is publishing this initial regulatory flexibility analysis (IRFA) to aid the public in commenting on the potential small business impacts of the proposals in this NPRM. We invite all interested parties to submit data and information regarding the potential economic impact that would result from adoption of the proposals in this NPRM. We will consider all comments received in the public comment process when making a determination in the Final Regulatory Flexibility Assessment. An IRFA, which must accompany this NPRM, must include six components. See 5 U.S.C. 603(b) and (c). The Agency has listed these components and addresses each section with regard to this NPRM. • A description of the reasons why the action by the agency is being considered; VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 • A succinct statement of the objective of, and legal basis for, the proposed rule; • A description of and, where feasible, an estimate of the number of small entities to which the proposed rule will apply; • A description of the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; • An identification, to the extent practicable, of all relevant federal rules that may duplicate, overlap, or conflict with the proposed rule; and • A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed rule on small entities. Why the Action by the Agency Is Being Considered Section 4007(a) of Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102–240, December 18, 1991, 105 Stat. 1914, 2151) directed the Secretary of Transportation to undertake a rulemaking on the need to require training of all entry-level drivers of ‘‘CMVs.’’ The Agency has since published multiple rulemakings that would require training of entry-level drivers of CMVs, but has not published a final rule that was upheld in the courts. The proposed rule also responds to the March 10, 2015, order of the U.S. Court of Appeals for the District of Columbia Circuit. In August 2014, FMCSA formally announced that it was considering whether to address this rulemaking through a negotiated rulemaking. Based on the Negotiated Rulemaking Act (5 U.S.C. 561–570), the Agency retained a neutral convener, as authorized under 5 U.S.C. 563(b), to interview interested parties and examine the potential for a balanced representation of these interests on an advisory committee (79 FR 49044–45). This proposal is based on the conclusions and recommendations of the advisory committee. The Agency is proposing this rule to mandate training for entry-level drivers that are required to obtain a CDL or endorsement. The Objectives of and Legal Basis for the Proposed Rule The NPRM is based on the authority of the Motor Carrier Act of 1935 and the Motor Carrier Safety Act of 1984, the Commercial Vehicle Safety Act of 1986, PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 and Section 32304 of the Moving Ahead for Progress in the 21st Century Act (MAP–21). FMCSA proposes to mandate standards for minimum training requirements for entry-level drivers of CMVs operating in interstate and intrastate commerce that are applying for a CDL or certain endorsements. The main objective of this proposal is to improve highway safety by ensuring that entry-level CMV drivers receive appropriate training that takes into consideration the type of activities they perform. A Description of and Where Feasible an Estimate of the Number of Small Entities To Which the Proposed Rule Will Apply ‘‘Small entity’’ is defined in 5 U.S.C. 601. Section 601(3) defines a ‘‘small entity’’ as having the same meaning as ‘‘small business concern’’ under section 3 of the Small Business Act. This includes any small business concern that is independently owned and operated, and is not dominant in its field of operation. Section 601(4), likewise includes within the definition of ‘‘small entities’’ not-for-profit enterprises that are independently owned and operated, and are not dominant in their fields of operation. Additionally, section 601(5) defines ‘‘small entities’’ as governments of cities, counties, towns, townships, villages, school districts, or special districts with populations less than 50,000. This proposed rule would affect entry-level drivers, motor carriers, and training providers. This proposed rule would directly apply to entry-level drivers seeking to obtain a CDL or a hazardous materials (H), passenger (P), or school bus (S) endorsement. Entrylevel drivers are not small entities as defined by the U.S. Small Business Administration (SBA), and are therefore not included in this IRFA. This proposed rule does not directly regulate motor carriers, but it could indirectly affect either their motor carrier operations or their in-house training operations. A potential concern is that this proposed rule could constrain their ability to hire entry-level drivers by either constricting the pool of available entry-level drivers or increasing the market wage for entrylevel drivers. However, as discussed in the RIA, most of the industry is already completing training at least equal to the requirements of this proposed rule and FMCSA does not think that the minimal requirements of this proposed rule would lead to a driver shortage, or increased wages. Furthermore, small- to E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules medium-sized motor carriers tend to hire drivers with at least two years’ experience driving a CMV due to insurance requirements inhibiting their ability to hire entry-level drivers. Additionally, owner-operators have generally driven a CMV with a motor carrier employer for a number of years before deciding to run their own business. FMCSA does not believe that this proposed rule would affect the transportation operations of motor carriers. Some motor carriers offer inhouse training to entry-level drivers and would choose to become training providers under this NPRM; these motor carriers tend to be larger in size, operating more than 100 power units. As shown in Table IFRA 1, the SBA size standard for truck transportation is currently $27.5 million in revenue per year, and the size standard for transit and passenger ground transportation is $15 million in revenue per year. Components of this proposed rule would apply to training providers that choose to become registered with FMCSA through inclusion on the TPR. These training providers could be training schools, educational institutions, motor carriers offering inhouse training to their employees or prospective employees, local governments or school districts providing training to transit agency or school bus driver employees. These training providers operate under many different North American Industry Classification System 22 (NAICS) codes with differing size standards. As shown in table IFRA 1 below, the SBA size standard for 11965 educational services ranges from $7.5 million in revenue per year for apprenticeship training, to $27.5 million in revenue per year for colleges. Motor carriers operating in-house training programs or contractors providing transportation services for transit agencies and school districts would be classified under truck transportation or transit and passenger ground transportation, with size standards of $27.5 million and $15 million, respectively. School districts and transit agencies with modes requiring the vehicle operator to obtain a CDL train their own employees or prospective employees and would become certified training providers. The size standard for small governments is those with populations less than 50,000. TABLE IFRA 1—SBA SIZE STANDARDS FOR SELECTED INDUSTRIES [In millions of 2014$] NAICS code SBA size standard NAICS industry description Subsector 484—Truck Transportation 484110 484121 484122 484210 484220 484230 ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... ............................................................... General Freight Trucking, Local ......................................................................... General Freight Trucking, Long-Distance, Truckload ......................................... General Freight Trucking, Long-Distance, Less Than Truckload ....................... Used Household and Office Goods Moving ....................................................... Specialized Freight (except Used Goods) Trucking, Local ................................ Specialized Freight (except Used Goods) Trucking, Long-Distance .................. $27.5 27.5 27.5 27.5 27.5 27.5 Subsector 485—Transit and Ground Passenger Transportation 485113 485210 485410 485510 ............................................................... ............................................................... ............................................................... ............................................................... Bus and Other Motor Vehicle Transit Systems .................................................. Interurban and Rural Bus Transportation ........................................................... School and Employee Bus Transportation ......................................................... Charter Bus Industry ........................................................................................... 15.0 15.0 15.0 15.0 Subsector 611—Educational Services 611210 ............................................................... 611310 ............................................................... 611513 ............................................................... 611519 ............................................................... 6115193 ............................................................. Junior Colleges ................................................................................................... Colleges, Universities and Professional Schools ............................................... Apprenticeship Training ...................................................................................... Other Technical and Trade School ..................................................................... Truck Driving Schools ......................................................................................... 20.5 27.5 7.5 15.0 15.0 Sector 92—Public Administration mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Small business size standards are not established for this Sector. Establishments in the Public Administration Sector are Federal, State, and local government agencies which administer and oversee government programs and activities that are not performed by private establishments. FMCSA examined data from the 2007 Economic Census, the most recent Census for which data were available, to determine the percentage of firms that have revenue at or below SBA’s thresholds.23 Although boundaries for the revenue categories used in the Economic Census do not exactly coincide with the SBA thresholds, FMCSA was able to make reasonable estimates using these data. Motor carrier operations in the Truck Transportation industry and in the Transit and Ground Passenger industry primarily earn their revenue via the movement of people and goods. Very few of these firms would choose to become training providers, and FMCSA 22 More information about NAICS is available at: https://www.census.gov/eos/www/naics/ (accessed July 21, 2015). estimates that those firms that do train their own employees or prospective employees are generally larger in size. FMCSA does not know how many motor carriers provide in-house training, but is confident that the number of small entities in these industries who would chose to become certified training providers is a small 23 U. S. Census Bureau. 2007 Economic Census. Available at: https://factfinder.census.gov/faces/nav/ jsf/pages/index.xhtml (accessed August 7, 2015). VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\07MRP2.SGM 07MRP2 11966 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules subset of those small entities listed below. According to the Economic Census, about 99% of trucking firms had annual revenue less than $25 million; the Agency concluded that the percentage would be approximately the same using the SBA threshold of $27.5 million as the boundary. For passenger carriers, the $15 million SBA threshold falls between two Economic Census revenue categories, $10 million and $25 million. The percentages of passenger carriers with revenue less than these amounts were 97.8% and 99.3%. Because the SBA threshold is closer to the lower of these two boundaries, FMCSA has assumed that the percent of passenger carriers that are small will be closer to 97.8%, and is using a figure of 98%. The Transit and Ground Passenger Transportation subsector that focuses on School and Employee Bus Transportation (485410) is more likely to contain a high percentage of training providers than the rest of NAICS Sector 485. These entities often perform contract bus services for school districts, and some are responsible for training their employee to the standards of the State or county. The SBA size standard for this subsector is $15 million, and FMCSA estimates that about 99% of the school and employee bus transportation firms are considered small based on the SBA size standard. Entities that identify with four of the 6-digit NAICS code in the educational services sector could register with the TPR to become training providers. The Census Bureau does not publish size by revenue data for entities in the Junior Colleges sector or the Colleges, Universities, and professional schools sector. FMCSA conservatively estimated that all of the firms in these two sectors would be small. The Census Bureau does publish size by revenue data for the apprenticeship training and other technical and trade school industries. Approximately 98% and 99%, respectively, of the firms in these industries are small. The other technical and trade school industry contains those firms that identify as truck driving schools (6115193). About 99% of truck driving schools are considered small based on the SBA size standard. FMCSA examined data from the Federal Transit Administration (FTA) National Transit Database (NTD) to determine the number of transit agencies that serve a population of less than 50,000, and would therefore be considered small.24 The transit agencies report many different data elements including information pertaining to the type of services they offer, the population that they serve, the urbanized area they identify with, and the number of vehicles operated. Of the 857 agencies in the database, 801 provide service with vehicles that would require a CDL to operate (e.g., transit bus, commuter bus, trolley bus, bus rapid transit, etc.), and 125 of the 801 serve a population of less than 50,000. As discussed in the RIA, all agencies with CDL drivers provide entry-level driver training to their prospective employees and employees. The 2012 Census of Governments, a survey coordinated by the Census Bureau, provides information on the school districts throughout the country.25 FMCSA combined this data with county level 2014 population estimates from the Census Bureau to estimate that there are 6,325 school districts in counties with less than 50,000 people.26 Table IFRA 2 below shows the complete estimates of the number of small entities that might choose to become certified training providers. TABLE IFRA 2—ESTIMATES OF NUMBERS OF SMALL ENTITIES Total number of firms Description 484 .................... 485 .................... 485410 .............. 611210 .............. 611310 .............. 611513 .............. 611519 .............. 92 ...................... 92 ...................... mstockstill on DSK4VPTVN1PROD with PROPOSALS2 NAICS code Truck Transportation .................................................................................... Transit and Ground Passenger Transportation ........................................... School and Employee Bus Transportation .................................................. Junior colleges ............................................................................................. Colleges, universities, and professional schools ......................................... Apprenticeship training ................................................................................ Other technical and trade schools ............................................................... Transit Agencies .......................................................................................... School Districts ............................................................................................ 83,056 12,723 2,574 434 2,419 1,094 2,672 801 14,482 Number of small entities 82,182 12,438 2,486 434 2,419 1,075 2,640 125 6,325 % of all firms 99 98 97 100 100 98 99 16 44 A description of the proposed reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record. This proposed rule would include recordkeeping requirements that would pertain to small training providers. In order to be included on the TPR, each training provider would be required to submit a training provider identification report biennially at a minimum or when the information for the training provider changes and needs to be updated, the training provider goes out of business, or the training provider is re-applying to be re-listed on the TPR after previous removal. Each training provider would be required to upload training completion certification into the TPR for each entry-level driver by the next business day following completion of the training. Each training provider would be required to make themselves and their records available for inspection upon request by FMCSA or its enforcement partners. FMCSA believes that a professional or administrative employee would be capable of creating and uploading these records and requests comment on whether skills beyond those typical of a professional or administrative employee would be necessary for the above recordkeeping requirements. An identification, to the extent practicable, of all relevant federal rules that may duplicate, overlap, or conflict with the proposed rule. 24 USDOT Federal Transit Administration. RY 2013 National Transit Database. Agency Information and Agency Mode Service. Available at: https://www.ntdprogram.gov/ntdprogram/ datbase/2013_database/NTDdatabase.htm (accessed August 7, 2015). 25 U.S. Census Bureau. 2012 Census of Governments. Available at: https://www.census.gov/ govs/cog/ (accessed August 7, 2015). 26 U.S. Census Bureau. Vintage 2014 National Population Datasets. Population, population change, and estimated components of population change: April 1, 2010 to July 1, 2014 (NST– EST2014–alldata). Available at: https://www. census.gov/popest/data/datasets.html (accessed August 7, 2015). VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules FMCSA is not aware of any relevant Federal rules that may duplicate, overlap, or conflict with the proposed rule. The current entry-level driver training requirements in 49 CFR part 380, subpart E, which are quite minimal compared to those being proposed by the NPRM, would be replaced by those in the NPRM. A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed rule on small entities. FMCSA attempted to draft a proposed rule that would minimize any significant economic impact on small entities. The negotiated rulemaking process by which this proposed rule was developed provided outreach to small motor carriers and training provider representatives through the Entry-Level Driver Training Advisory Committee (ELDTAC). The ELDTAC often discussed issues specific to small motor carriers and those training fewer than three entry-level drivers per year. The discussions yielded many insights, and the proposed rule takes into account the concerns expressed by small motor carrier representatives during the committee meetings. For example, training entities are not required to have a designated range, nor is FMCSA proposing training facility requirements. FMCSA is not aware of any significant alternatives that would meet the intent of our statutory requirements, but requests comment on any alternatives that would meet the intent of the statutes and prove cost beneficial for small entities. Description of Steps Taken by a Covered Agency To Minimize Costs of Credit for Small Entities FMCSA is not a covered agency as defined in section 609(d)(2) of the Regulatory Flexibility Act, and has taken no steps to minimize the additional cost of credit for small entities. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Requests for Comment To Assist Regulatory Flexibility Analysis FMCSA requests comments on all aspects of this initial regulatory flexibility analysis. C. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this proposed rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the proposed VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 rule would affect your small business, organization or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please consult the FMCSA point of contact, Rich Clemente, listed in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration’s Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1–888–REG– FAIR (1–888–734–3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. D. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, taken together, or by the private sector of $155 million (which is the value of $100 million in 1995 after adjusting for inflation to present-day dollars) or more in any 1 year. This rulemaking would result in private sector expenditures in excess of the $155 million threshold. Gross costs, however, are expected to be offset by fuel, carbon dioxide, and maintenance and repair savings, making this NPRM cost-neutral based on reduced instances of crashes, as further discussed in the threshold- based analysis described in the RIA. A written statement under the Unfunded Mandates Reform Act is not required for regulations that incorporate requirements specifically set forth in law. 2 U.S.C. 1531. MAP–21 mandated that FMCSA issue regulations to establish minimum entry-level training requirements for all initial CLP/CDL applicants and CDL holders seeking license upgrades. Because this proposed rule implements the direction of Congress in mandating ELDT, a written statement under the Unfunded Mandates Reform Act is not required. E. Paperwork Reduction Act The proposed regulations require training providers to obtain, collect, PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 11967 maintain, and in some cases transmit information about their facilities, curricula and graduates. The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501–3520) prohibits Agencies from conducting information-collection (IC) activities until they analyze the need for the collection of information and how the collected data will be managed. Agencies must also analyze whether technology could be used to reduce the burden imposed on those providing the data. The Agency must estimate the time burden required to respond to the IC requirements, such as the time a training provider will expend transmitting certification data to FMCSA. The Agency submits its IC analysis and burden estimate to OMB as a formal information collection request (ICR); the Agency cannot conduct the information collection until OMB approves the ICR. FMCSA proposes that the compliance date for the amended training rules be three years following publication of the final rule in order to provide interested parties sufficient time to adjust to the new requirements. Thus, the compliance date will be no earlier than the year 2019. Until that time, the current regulations pertaining to the training of entry-level drivers (49 CFR Subpart E) will remain in place. OMB approves information-collection activities for no more than 3 years. Consequently, at this time, the Agency does not amend its current OMBapproved estimate of the informationcollection burden of subpart E: 66,250 hours. Today, FMCSA asks for comment on the IC requirements of this proposed rule. The Agency’s analysis of these comments will be used in devising the Agency’s estimate of the IC burden of the final rule. Comments can be submitted to the docket as outlined under ADDRESSES at the beginning of this notice. Specifically, the Agency asks for comment on (1) how useful the information is and whether it can help FMCSA perform its functions better, (2) how the Agency can improve the quality of the information being collected, (3) the accuracy of FMCSA’s estimate of the burden of this IC, and (4) how the Agency can minimize the burden of collection. Title: Entry-Level Driver Training. OMB Control Number: 2126–0028. Summary of the Collection of Information: Under the proposal, training providers would apply online to FMCSA and provide information about their training operations. Periodically, they would upload information about those who E:\FR\FM\07MRP2.SGM 07MRP2 11968 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS2 successfully complete entry-level driver training. Need for Information: The Agency must be able to assess the qualifications of training providers in order to approve their participation as certified providers of the entry-level training. The identity of successful driver graduates is needed so the Agency can inform State CDL licensing agencies of those who have successfully completed the requisite training and are certified for CDL licensure. Proposed Use of Information: The Agency will monitor training providers to ensure that they conduct training in accordance with these rules. Monitoring will include on-site safety audits of the operations of training providers. Further, the Agency will be assessing the safety performance of drivers who receive entry-level training in order to assess the efficacy of the Agency’s standards of learning and their delivery by training providers. Description of the Respondents: Training providers. Number of Respondents: 20,800. Frequency of Response: Training providers will register with the Agency once and thereafter update their registration at least every two years. On an irregular basis, training providers will upload to FMCSA electronically the names of the individuals who successfully complete their entry-level driver-training courses. Burden of Response: The Agency estimates that the average training provider will require 2 hours to register and provide updates to that registration annually, or a total of 41,600 hours (20,800 training providers × 2 hours each). The Agency estimates that 449,000 entry-level drivers will graduate annually and that the average training provider will require 5 minutes to upload this information to FMCSA, or a total of 37,417 hours. Estimate of Total Annual Burden: 79,017 hours (41,600 hours + 37,417 hours). F. E.O. 13132 (Federalism) A rule has implications for Federalism under § 1(a) of Executive Order 13132 if it has ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA has determined that this proposal would have substantial direct costs on or for States or would limit the policymaking discretion of States. FMCSA recognizes that, as a practical matter, this proposed rule may have some impact on the States. Accordingly, VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 the Agency sought advice from the National Governors Association (NGA), National Conference of State Legislatures (NCSL), the American Association of Motor Vehicle Administrators (AAMVA), and National Association of Publicly Funded Truck Driving Schools (NAPFTDS) on the topic of entry-level driver training, by letters to each organization, dated July 6, 2015. (Copies of these letters are available in the docket for this rulemaking.) FMCSA offered NGA, NCSL, AAMVA, and NAPFTDS officials the opportunity to meet and discuss issues of concern to the States. It should also be noted that AAMVA was a member of the ELDTAC, whose consensus recommendations form the basis of this NPRM. State and local governments will also be able to raise Federalism issues during the comment period for this NPRM. G. E.O. 12988 (Civil Justice Reform) This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminates ambiguity, and reduce burden. H. E.O. 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. The Agency determined this proposed rule is economically significant. In any event, the Agency does not anticipate that this regulatory action could in any way create an environmental or safety risk that could disproportionately affect children. I. E.O. 12630 (Taking of Private Property) FMCSA reviewed this proposed rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. J. Privacy Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108–447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 privacy of individuals. In accordance with this Act, a privacy impact analysis is warranted to address the collection of personally identifiable information contemplated in the proposed EntryLevel Driver Training rulemaking. The DOT Chief Privacy Officer has determined that this rulemaking results in a low to moderate level of privacy risk for driver-trainees seeking certification through approved training providers. The NPRM requires these individuals to provide approved training providers certain personally identifiable information including, Name, CDL/CLP number, and State of licensure for the purposes of identity verification at the time of training. This information in conjunction with the individuals training record is maintained by the training provider in the individual’s training record and is transmitted to the multi-state Commercial Driver’s License Information System (CDLIS). State driver licensing agencies (SDLAs) may then access the individual’s training record in accordance with CLDIS protocol. Individuals seeking information on the data privacy practices of training providers should consult with the specific provider. To limit the burden on the public, the Department will provide a single technical interface in order to promote the efficient transmission of trainee data from approved training providers to CDLIS. The Department will establish technical, administrative, and physical security requirements, as appropriate to ensure the secure data transfer. An approved training provider would upload its training certificates to the Training Provider Registry which would instantaneously transmit the information electronically to CDLIS for entry into the appropriate CDL driver record. The driver-trainee would be able to apply for a CDL when the SDLA pulled the CDL driver record from CDLIS and verified that he/she had successfully completed the appropriate training. The Department will not retain a copy of the trainee certificate in its systems. This PIA will be reviewed and revised as appropriate to reflect the Final Rule and will be published not later than the date on which the Department initiates any of the activities contemplated in the Final Rule that have an impact on individuals’ privacy. K. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules L. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this proposed rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. M. E.O. 13175 (Indian Tribal Governments) This rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 N. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. O. Environment (NEPA, CAA, Environmental Justice) The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) requires Federal agencies to integrate environmental values into their decision-making processes by requiring Federal agencies to consider the potential environmental impacts of their proposed actions. In accordance with NEPA, FMCSA’s NEPA Order 5610.1 (NEPA Implementing Procedures and Policy for Considering Environmental Impacts), and other applicable requirements, FMCSA is VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 preparing an Environmental Assessment (EA) to review the potential impacts of the proposed rule. Because the implementation of this action would only alter new training standards for certain individuals applying for their initial CDL, an upgrade of their CDL, or hazardous materials, passenger, or school bus endorsement for their license, FMCSA has tentatively found that noise, endangered species, cultural resources protected under the National Historic Preservation Act, wetlands, and resources protected under Section 4(f) of the Department of Transportation Act of 1966 49 U.S.C. 303, as amended by Public Law 109–59, would not be impacted. The impact areas that may be affected and will be evaluated in this EA include air quality, hazardous materials transportation, solid waste, and public safety. But the impact area of focus for the EA will be air quality. Specifically, as outlined in the RIA for this rulemaking, FMCSA anticipates that an increase in driver training to result in improved fuel economy based on changes to driver behavior, such as smoother acceleration and braking practices. Such improved fuel economy is anticipated to result in lower air emissions and improved air quality for gases including carbon dioxide. FMCSA expects that all negative impacts, if any, will be negligible. However, we expect the overall environmental impacts of this action to be beneficial. The EA will be available for inspection or copying in the Regulations.gov Web site listed under ADDRESSES. FMCSA also analyzed this NPRM under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and regulations promulgated by the Environmental Protection Agency (40 CFR part 93, subpart B). Under the General Conformity Rule, a conformity determination is required where a Federal action would result in total direct and indirect emissions of a criteria pollutant or precursor originating in nonattainment or maintenance areas equaling or exceeding the rates specified in 40 CFR 93.153(b)(1) and (2). As noted in the NEPA discussion above, however, FMCSA expects a net decrease in air emissions as a result of this NPRM. Consequently, approval of this action is exempt from the CAA’s General Conformity Requirement since it does not affect direct or indirect emissions of criteria pollutants. Under E.O. 12898, each Federal agency must identify and address, as appropriate, ‘‘disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 11969 populations and low-income populations’’ in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this proposed rule in accordance with the Executive order, and has determined that no environmental justice issue is associated with this proposed rule, nor is there any collective environmental impact that would result from its promulgation. List of Subjects 49 CFR Part 380 Administrative practice and procedure, Highway safety, Motor carriers, Reporting and recordkeeping requirements. 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers. 49 CFR Part 384 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers. For the reasons set forth in the preamble, FMCSA proposes to amend 49 CFR parts 380, 383, and 384 as follows: PART 380—SPECIAL TRAINING REQUIREMENTS 1. The authority citation for part 380 is revised to read as follows: ■ Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, and 31502; sec. 4007(a) and (b) of Pub. L. 102–240 (105 Stat. 2151–2152); sec. 32304 of Pub. L. 112–141; and 49 CFR 1.87. Subpart E—Entry-Level Driver Training Requirements Before [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE]. 2. Revise the heading for subpart E to read as set out above. ■ 3. Add subpart F to read as follows: ■ Subpart F—Entry-Level Driver Training Requirements On and After [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE]. Sec. 380.600 Compliance date for training requirements for entry-level drivers. 380.601 Purpose and scope. 380.603 Applicability. 380.605 Definitions. 380.609 General entry-level driver training requirements. 380.611 Driver training provider requirements. 380.613 Class A—CDL training curriculum. 380.615 Class B—CDL training curriculum. 380.619 Passenger endorsement training curriculum. 380.621 School bus endorsement training curriculum. E:\FR\FM\07MRP2.SGM 07MRP2 11970 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 380.623 Hazardous materials endorsement training curriculum. 380.625 Refresher training curriculum. Subpart F—Entry-Level Driver Training Requirements On and After [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] § 380.600 Compliance date for training requirements for entry-level drivers. § 380.605 Compliance with the provisions of this subpart is required on or after [DATE THREE YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE]. § 380.601 Purpose and scope. This subpart establishes training requirements for entry-level drivers, minimum content for training curricula, and standards for training providers. Entry-level driver training, as defined in this subpart, applies only to those individuals who need to obtain a commercial driver’s license (or a commercial driver’s license upgrade or endorsement) and does not otherwise amend substantive commercial driver’s license requirements in part 383 of this chapter. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.603 Applicability. (a) The rules in this subpart apply to all entry-level drivers, as defined in this subpart, who intend to drive CMVs as defined in § 383.5 of this chapter in interstate and/or intrastate commerce, except: (1) Drivers excepted from the CDL requirements under § 383.3 (c), (d), and (h) of this chapter; (2) Drivers applying for a restricted CDL under § 383.3(e) through (g) of this chapter; and (3) Veterans with military CMV experience who meet all the requirements and conditions of § 383.77 of this chapter. (b) Drivers who hold a valid CDL issued before [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] are not required to comply with this subpart except as otherwise specifically provided. (c) (1) Individuals who obtain a CLP before [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] are not required to comply with this subpart if they obtain a CDL within 360 days after obtaining a CLP. (2) Individuals who obtain a CLP on or after [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] will be required to comply with this subpart. (d) Except as provided under paragraph (e) of this section, a person who has received training qualifying him or her to take the skills test for a VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 CDL and/or endorsement is not required to obtain such training again before reapplying for a CDL or endorsement. (e) A CDL holder who has been disqualified from operating a CMV under § 383.51(b) through (e) of this chapter, must complete the refresher training requirements of § 380.625. Definitions. (a) The definitions in parts 383 and 384 of this subchapter apply to this subpart, except where otherwise stated. (b) As used in this subpart: Behind-the-wheel (BTW) instructor means an experienced driver as defined in this section and who provides BTW training involving the actual operation of a CMV by entry-level driver on a range or a public road. These instructors must have completed training in the public road portion of the curriculum in which they are instructing, except that instructors utilized by training providers that train, or expect to train, three or fewer drivers annually do not need to meet this additional requirement. Behind-the-wheel (BTW) range training means training provided by a qualified driver-instructor when drivertrainees have actual control of the power unit during a driving lesson conducted on a range. BTW range training does not include time drivertrainees spend observing the operation of a CMV when he/she is not in control of the vehicle. Behind-the-wheel (BTW) public road training means training provided by a qualified driver-instructor when drivertrainee has actual control of the power unit during a driving lesson conducted on a public road. BTW public road training does not include the time that driver-trainees spend observing the operation of a CMV when he/she is not in control of the vehicle. Entry-level driver means a person who must complete the CDL skills test requirements under 49 CFR 383.71 prior to receiving the initial CDL or having a CDL reinstated, upgrading to a Class A or Class B CDL, or obtaining a hazardous materials, passenger, or school bus endorsement. This definition does not include individuals for whom States waive the CDL skills test under 49 CFR 383.77. Entry-level driver training means training an entry-level driver receives from an entity listed on FMCSA’s Training Provider Registry prior to: (1) Taking the CDL skills test required to receive the initial Class A or Class B CDL; (2) Taking the CDL skills test required to upgrade to a Class A or Class B CDL; or PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 (3) Taking the CDL knowledge and skills test required to obtain a passenger or school bus endorsement, or the CDL knowledge test required to obtain a hazardous materials endorsement. Experienced driver means a driver who holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and who: (1) Has at least 1 year of experience driving a CMV requiring a CDL of the same or higher class and/or the same endorsement; or (2) Has at least 1 year of experience as a BTW CMV instructor; and (3) Meets all applicable State training requirements for CMV instructors. Range means an area that must be free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines. Refresher training means training a CDL holder who has been disqualified from operating a CMV must take. Theory instruction means knowledge instruction on the operation of a CMV and related matters provided by a theory instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means. Theory instructor means instructors who provide knowledge instruction on the operation of a CMV and are either an experienced driver as defined in this section or have previously audited or instructed that portion of the theory training course that they intend to instruct. Training provider means an entity that is listed on the FMCSA Training Provider Registry, as required by subpart G of this part. § 380.609 General entry-level driver training requirements. (a) A person who wishes to obtain a CDL that would allow him/her to operate a Class A or B CMV in interstate or intrastate commerce must successfully complete driver training from a provider listed on the Training Provider Registry (TPR). A person who intends to operate a CMV for which a Class A CDL is required must complete the curriculum outlined in § 380.613 and a person who intends to operate a CMV for which a Class B CDL is required must complete the curriculum outlined in § 380.615. (b) A person who wishes to obtain a passenger (P), school bus (S), or hazardous materials (H) endorsement on his or her CDL must successfully complete the appropriate training from a training provider listed on the TPR. A E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules person who intends to operate a CMV for which a passenger endorsement is required must successfully complete the curriculum outlined in § 380.619. A person who intends to operate a CMV for which a school bus endorsement is required must successfully complete the curriculum outlined in § 380.621. A person who intends to operate a CMV for which an H endorsement is required must successfully complete the curriculum outlined in § 380.623. (c) A CDL holder who is disqualified from operating a CMV under § 383.51(b) through (e) of this chapter, must successfully complete refresher training from a training provider listed on the TPR. Refresher training must meet the curriculum outlined in § 380.625. § 380.611 Driver training provider requirements. (a) Entities seeking to be listed on the Training Provider Registry must, at a minimum, meet the requirements of subpart G of this part. (b) Entities must attest that they meet the requirements of this part. (c) Entities must, upon request, supply documentary evidence to FMCSA or its authorized representatives so the Agency can verify compliance with these requirements. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.613 Class A—CDL training curriculum. (a) Class A CDL applicants must successfully complete the Class A CDL curriculum outlined in paragraph (b) of this section. There is no required minimum number of instruction hours for theory training, but the training provider must cover all the topics set forth in the curriculum in paragraph (b) of this section. Applicants must complete a minimum of 30 hours of training in BTW driving with a minimum of 10 hours spent driving on a range and either 10 hours driving on a public road; or 10 public road trips (each no less than 50 minutes in duration). The training provider will determine how the remaining 10 hours of BTW training will be spent (i.e., whether on a range or public road, or some combination of the two). The mandatory minimum hours of BTW training must be conducted in a CMV for which a Class A CDL is required. (b) Class A CDL curriculum. The Class A curriculum must, at a minimum, include the following: (1) Theory—(i) Basic operation. This component must cover the interaction between driver-trainees and the CMV. Driver-trainees will receive instruction in the Federal Motor Carrier Safety Regulations (FMCSRs) and will be introduced to the basic CMV VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 instruments and controls. Driver trainees must familiarize themselves with the basic operating characteristics of a CMV. This section must also teach driver-trainees how to properly perform vehicle inspections, control the motion of CMVs under various road and traffic conditions, employ shifting and backing techniques, and properly couple and uncouple combination vehicles. Drivertrainees must first familiarize themselves with the basic operating characteristics of a CMV. Then, drivertrainees must be able to perform the skills in each unit to a level of competency required to permit safe transition to public road driving. (A) Orientation. This unit must introduce driver-trainees to the combination vehicle driver training curriculum and the components of a combination vehicle. Driver-trainees will learn the safety fundamentals, essential regulatory requirements (i.e., overview of FMCSRs/hazardous materials (HM) regulations), and drivertrainees’ responsibilities not directly related to driving. This unit must also cover the ramifications and driver disqualification provisions and fines for non-compliance with parts 380, 382, 383, 387, and 390 through 399 of this chapter. This unit must also include an overview of the applicability of State and local laws relating to the safe operation of the CMV, stopping at weigh stations/scales, hazard awareness of vehicle size and weight limitations, low clearance areas (e.g., CMV height restrictions), and bridge formulas. (B) Control systems/dashboard. This unit must introduce driver-trainees to vehicle instruments, controls, and safety components. The driver-trainees will learn to read gauges and instruments correctly and learn proper use of vehicle safety components, including safety belts and mirrors. Driver-trainees will also learn to identify, locate, and explain the function of each of the primary and secondary controls including those required for steering, accelerating, shifting, braking, and parking. (C) Pre- and post-trip inspections. This unit must stress to driver-trainees the importance of vehicle inspections and help them develop the skills necessary for conducting pre-trip, enroute, and post-trip inspections. This unit must include instruction in a driver-trainee’s personal awareness of his or her surroundings, including at truck stops and/or rest areas, and at shipper/receiver locations. (D) Basic control. This unit must introduce basic vehicular control and handling as it applies to combination vehicles. This must include instruction PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 11971 addressing basic combination vehicle controls in areas such as executing sharp left and right turns, centering the vehicle, and maneuvering in restricted areas. (E) Shifting/operating transmissions. This unit must introduce shifting patterns and procedures to drivertrainees to prepare them to safely and competently perform basic shifting maneuvers. This must include training driver-trainees to execute up and down shifting techniques on multi-speed dual range transmissions, if appropriate. The importance of increased fuel economy achieved by utilizing proper shifting techniques should also be covered. (F) Backing and docking. This unit must prepare driver-trainees to back and dock the combination vehicle safely. This unit must cover ‘‘Get Out and Look’’ (GOAL), evaluation of backing/ loading facilities, knowledge of backing set ups, as well as instruction in how to back with use of spotters. (G) Coupling and uncoupling. This unit must provide instruction for drivertrainees to develop the skills necessary to conduct the procedures for safe coupling and uncoupling of combination vehicle units. (ii) Safe operating procedures. This component must teach the practices required for safe operation of the combination vehicle on the highway under various road, weather, and traffic conditions. Driver-trainees must be instructed in the Federal rules (§ 392.16 of this chapter) governing the proper use of safety restraint systems (i.e., seat belts). (A) Visual search. This unit must enable driver-trainees to visually search the road for potential hazards and critical objects, including instruction on recognizing distracted pedestrians or distracted drivers. This unit must include instruction in how to ensure a driver-trainee’s personal security/ general awareness in common surroundings such as truck stops and/or rest areas, and at shipper/receiver locations. (B) Vehicle communications. This unit must enable driver-trainees to communicate their intentions to other road users. Driver-trainees must learn techniques for different types of communication on the road, including proper use of headlights, turn signals, four-way flashers, and horns. Instruction in proper utilization of eye contact techniques with other drivers and pedestrians will be covered in this unit. (C) Speed management. This unit must enable driver-trainees to manage speed effectively in response to various road, weather, and traffic conditions. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11972 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules Driver-trainees must understand that driving competency cannot compensate for excessive speed. Instruction must include methods for calibrating safe following distances under an array of conditions including traffic, weather, and CMV weight and length. (D) Space management. This unit must teach driver-trainees about the importance of managing the space surrounding the vehicle. Emphasis must be placed upon maintaining appropriate space surrounding the vehicle for safe operation under various traffic and road conditions. (E) Night operation. Driver-trainees will learn the factors affecting the safe operation of CMVs at night and in darkness, including the specific factors that require special attention on the part of the driver. Driver-trainees must be instructed in vehicle safety inspection, vision, communications, speed, and space management and proper use of lights, as needed, to deal with the special problems night driving presents. (F) Extreme driving conditions. This unit addresses the driving of CMVs under extreme conditions. Emphasis must be placed upon the factors affecting the operation of CMVs in cold, hot, and inclement weather and on steep grades and sharp curves. Drivertrainees will learn the changes in basic driving habits needed to deal with the specific problems presented by extreme driving conditions. Driver-trainees will also learn proper tire chaining procedures in this unit. (iii) Advanced operating practices. This component must introduce higherlevel skills that can be acquired only after the more fundamental skills and knowledge taught in the prior two components have been mastered. Driver-trainees must learn about the advanced perceptual skills necessary to recognize potential hazards and must demonstrate the procedures needed to handle a CMV when faced with a hazard. (A) Hazard perception. The unit must provide instruction in recognizing potential hazards in the driving environment in time to reduce the severity of the hazard and neutralize possible emergency situations. Drivertrainees must identify road conditions and other road users that are a potential threat to the safety of the combination vehicle and suggest appropriate adjustments. Emphasis must be placed upon hazard recognition, visual search, adequate surveillance, and response to possible emergency-producing situations encountered by CMV drivers in various traffic situations. Drivertrainees will also learn to recognize potential dangers and the safety VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 procedures that must be utilized while driving in construction/work zones. (B) Distracted driving. Driver-trainees must be instructed in the ‘‘key’’ driver distraction issues, including improper cell phone use, texting, and use of incab technology. This includes training in the following aspects: Visual attention (keeping eyes on the road); manual control (keeping hands on the wheel); and cognitive awareness (keeping mind on the task and safe operation of the CMV). (C) Emergency maneuvers/skid avoidance. This unit must enable driver-trainees to carry out appropriate responses when faced with CMV emergencies. These must include evasive steering, emergency braking, and off-road recovery, as well as the proper response to brake failures, tire blowouts, hydroplaning, skidding, jackknifing, and rollovers. The discussion must include a review of unsafe acts and the role they play in producing or worsening hazardous situations. (D) Skid control and recovery. This unit must teach the causes of skidding and jackknifing and techniques for avoiding and recovering from them. Driver-trainees must understand the importance of maintaining directional control and bringing the CMV to a stop in the shortest possible distance while operating over a slippery surface. (E) Railroad-highway grade crossings. Driver-trainees will learn to recognize potential dangers and appropriate safety procedures to utilize at railroad (RR)highway grade crossings. This instruction must include an overview of various State RR grade crossing regulations, RR grade crossing environments, obstructed view conditions, clearance around the tracks, and rail signs and signals. (F) Vehicle systems and reporting malfunctions. This section must provide entry-level driver-trainees with sufficient knowledge of the combination vehicle and its systems and subsystems to ensure that they understand and respect their role in vehicle inspection, operation, and maintenance and the impact of those factors upon highway safety and operational efficiency. (G) Identification and diagnosis of malfunctions, including out-of-service violations. This unit must teach drivertrainees to identify major combination vehicle systems. The goal is to explain their function and how to check all key vehicle systems, (e.g., engine, engine exhaust auxiliary systems, brakes, drive train, coupling systems, and suspension) to ensure their safe operation. Driver-trainees must be provided with a detailed description of PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 each system, its importance to safe and efficient operation, and what is needed to keep the system in good operating condition. Driver-trainees must further learn what vehicle and driver violations are classified as out-of-service (OOS), including the ramifications and penalties for operating when subject to an OOS order as defined in § 390.5 of this chapter. (H) Maintenance. This unit must introduce driver-trainees to the basic servicing and checking procedures for various engine and vehicle components and to help develop their ability to perform preventive maintenance and simple emergency repairs. (iv) Non-vehicle activities. This component must prepare driver-trainees to handle the responsibilities of a combination vehicle driver that do not involve actually operating the CMV. (A) Handling and documenting cargo. This unit must enable driver-trainees to understand the basic theory of cargo weight distribution, cargo securement on the vehicle, cargo covering, and techniques for safe and efficient loading/unloading. Driver-trainees will learn basic cargo security/cargo theft prevention procedures in this unit. Basic information regarding the proper handling and documentation of HM cargo will also be covered in this unit. (B) Environmental compliance issues. Driver-trainees will learn to recognize environmental hazards and issues related to the CMV and load, and made aware that city, county, State, and Federal requirements may apply to such circumstances. (C) Hours of service requirements. The purpose of this unit is to enable drivertrainees to understand that there are different hours-of-service (HOS) requirements applicable to different industries. Driver-trainees must learn all applicable HOS regulatory requirements. Driver-trainees will develop the ability to complete a Driver’s Daily Log (electronic and paper), timesheet, and logbook recap, as appropriate. Driver-trainees will learn the consequences (safety, legal, and personal) of violating the HOS regulations, including the fines and penalties imposed for these types of violations. (D) Fatigue and wellness awareness. The issues and consequences of chronic and acute driver fatigue and the importance of staying alert will be covered in this unit. Driver-trainees must learn regulatory requirements regarding driver wellness and basic health maintenance that affect a driver’s ability to safely operate a CMV. This unit also must address issues such as E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules diet, exercise, personal hygiene, stress, and lifestyle changes. (E) Post-crash procedures. Drivertrainees must learn appropriate postcrash procedures, including the requirement that the driver, if possible, assess his or her physical condition immediately after the crash and notify authorities, or assign the task to other individuals at the crash scene. Drivertrainees must also learn how to protect the area; obtain emergency medical assistance; move on-road vehicles off the road in minor crashes so as to avoid subsequent crashes or injuries; engage flashers, placing triangles, and properly use a fire extinguisher, if necessary. The following topics must also be covered: Responsibilities for assisting injured parties; Good Samaritan Laws; driver legal obligations and rights, including rights and responsibilities for engaging with law enforcement personnel; and the importance of learning company policy on post-crash procedures. Drivertrainees must receive instruction in post-crash testing requirements related to controlled substances and alcohol. Driver-trainees must learn the techniques of photographing the scene; obtaining witness information; assessing skid measurements; and assessing signage, road, and weather conditions. (F) External communications. Drivertrainees must be instructed in the value of effective interpersonal communication techniques/skills to interact with enforcement officials. Driver-trainees must be taught the specifics of the roadside vehicle inspection process, and what to expect during this activity. Driver-trainees who are not native English speakers must be instructed in FMCSA English language proficiency requirements and the consequences for violations. Drivertrainees also must learn the implications of violating Federal and state regulations on their driving records and their employing motor carrier’s records. (G) Whistleblower/coercion. This unit will advise the driver-trainees about the right of an employee to question the safety practices of an employer without incurring the risk of losing a job or being subject to reprisals simply for stating a safety concern. Driver-trainees must be instructed in the whistleblower protection regulations in 29 CFR part 1978. They must also learn the procedures for reporting to FMCSA incidents of coercion from motor carriers, shippers, receivers, or transportation intermediaries. (H) Trip planning. This unit must address the importance of and requirements for planning routes and trips. This instruction must address planning the safest route, planning for VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 rest stops, heavy traffic areas, railroadhighway grade crossing safe clearance and ground clearance (i.e., ‘‘high center’’), the importance of Federal and State requirements on the need for permits, and vehicle size and weight limitations. Driver-trainees must be instructed in the correct identification of restricted routes, the pros and cons of Global Positioning System (GPS)/trip routing software, and the importance of selecting fuel-efficient routes. (I) Drugs/alcohol. In this unit, drivertrainees must learn that there are a variety of rules applicable to drug and alcohol use and must receive the training required by the applicable drug and alcohol regulations, including consequences for engaging in controlled substance (including prescription drugs) and alcohol use-related conduct. The importance of avoiding use of drugs/ alcohol in violation of applicable regulations must be covered in this unit. (J) Medical requirements. In this unit, driver-trainees will learn the Federal rules on medical certification, medical examination procedures, general qualifications, responsibilities, and disqualifications based on various offenses, orders, and loss of driving privileges (49 CFR part 391, subparts B and E). (2) Range. This unit must consist of driving exercises related to basic vehicle control skills and mastery of basic maneuvers, as covered in §§ 383.111 and 383.113 of this chapter, necessary to operate the vehicle safely. Activities in this unit will take place on a driving range as defined in § 380.605. (i) Vehicle inspection pre-trip/ enroute/post-trip. Driver-trainees must demonstrate proficiency in proper techniques for performing pre-trip, enroute, and post-trip inspections and making accurate notes of actual and suspected component abnormalities or malfunctions using a Driver Vehicle Inspection Report in accordance with the FMCSRs. (ii) Straight line backing. Drivertrainees must demonstrate proficiency in proper techniques for performing various straight line backing maneuvers to appropriate criteria/acceptable tolerances. (iii) Alley dock backing (45/90 degree). Driver-trainees must demonstrate proficiency in proper techniques for performing 45/90 degree alley dock maneuvers, to appropriate criteria/acceptable tolerances. (iv) Off-set backing. Driver-trainees must demonstrate proficiency in proper techniques for performing off-set backing maneuvers to appropriate criteria/acceptable tolerances. PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 11973 (v) Parallel parking blind side. Drivertrainees must demonstrate proficiency in proper techniques for performing parallel parking blind side positions/ maneuvers to appropriate criteria/ acceptable tolerances. (vi) Parallel parking sight side. Drivertrainees must demonstrate proficiency in proper techniques for performing sight side parallel parking maneuvers to appropriate criteria/acceptable tolerances. (vii) Coupling and uncoupling. Driver-trainees must demonstrate proficiency in proper techniques for coupling, inspecting and uncoupling combination vehicle units, in accordance with safety requirements and approved practices. (3) Public road. The instructor must engage in active two-way communication with the driver-trainees during all active training sessions and evaluate the driving competence of the driver-trainees during all public road training. Concepts described in paragraphs (b)(3)(viii) through (xiii) of this section are discussed during public road training or simulated, but not necessarily performed. (i) Vehicle controls including: Left turn, right turns, lane changes, curves at highway speeds. Driver-trainees must demonstrate proficiency in proper techniques for initiating vehicle movement, executing left and right turns, changing lanes, navigating curves at speed, and stopping the vehicle in a controlled manner. (ii) Shifting/transmission. Drivertrainees must demonstrate proficiency in proper techniques for performing safe and fuel-efficient shifting and making any necessary adjustments in the process. (iii) Communications/signaling. Driver-trainees must demonstrate proficiency in proper techniques for signaling intentions and effectively communicating with other drivers. (iv) Visual search. Driver-trainees must demonstrate proficiency in proper techniques for visually searching the road for potential hazards and critical objects. (v) Speed and space management. Driver-trainees must demonstrate proficiency in proper habits and techniques for adjusting and maintaining vehicle speed, taking into consideration various factors such as traffic and road conditions. Driver trainees practice maintaining proper speed to keep appropriate spacing between the driver-trainee’s CMV and other vehicles. Instruction must include methods for calibrating safe following distances under an array of conditions E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11974 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules including traffic, weather, and CMV weight and length. (vi) Safe driver behavior. Drivertrainees must learn and demonstrate proficiency in safe driver behavior during their operation of the CMV. (vii) Hours of service (HOS) requirements. Driver-trainees must demonstrate proficiency in the basic activities required by the HOS regulations, such as completing a Driver’s Daily Log (electronic and paper), timesheet, and logbook recap, as appropriate. (viii) Hazard perception (partial demonstration). Driver-trainees must demonstrate their ability to recognize potential hazards in the driving environment in time to reduce the severity of the hazard and neutralize possible emergency situations. Drivertrainees must demonstrate the ability to identify road conditions and other road users that are a potential threat to the safety of the combination vehicle and suggest appropriate adjustments. (ix) Railroad (RR)-highway grade crossing. (demonstration where railroad grade crossing is available, simulated otherwise). Driver-trainees must demonstrate the ability to recognize potential dangers and to implement appropriate safety procedures when RRhighway grade crossings are reasonably available. (x) Night operation. Driver-trainees must learn how to operate a CMV safely at night. Heightened emphasis must be placed upon the factors affecting the operation of CMVs at night. Drivertrainees must learn that night driving presents specific circumstances that require heightened attention on the part of the driver. Driver-trainees must be taught special requirements for invehicle safety inspection, night vision, communications, speed, and space management, and proper use of lights as needed to prepare driver-trainees to deal with the special problems night driving presents. Though not required to do so, training providers are strongly encouraged to offer driver-trainees night-driving experience where feasible. (xi) Extreme driving conditions. Driver-trainees must be familiar with the special risks created by, and the heightened precautions required by, driving CMVs under extreme driving conditions, such as heavy rain, high wind, high heat, high grades, fog, snow, and ice. Emphasis must be placed upon the factors affecting the operation of CMVs in cold, hot, and inclement weather and on steep grades and sharp curves. Driver-trainees must learn and demonstrate proficiency in changes in basic driving habits needed to deal with VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 the specific challenges presented by these extreme driving conditions. (xii) Emergency maneuvers/skid avoidance. Driver-trainees must be familiar with proper techniques for responding to CMV emergencies, such as evasive steering, emergency braking and off-road recovery. They must also know how to prevent or respond to brake failures, tire blowouts, hydroplaning, skidding, jackknifing, and rollovers. (xiii) Skid control and recovery. Driver-trainees must know the causes of skidding and jackknifing and techniques for avoiding and recovering from them. Driver-trainees must know how to maintain directional control and bring the CMV to a stop in the shortest possible distance while operating over a slippery surface. § 380.615 Class B—CDL training curriculum. (a) Class B CDL applicants must successfully complete the Class B CDL curriculum outlined in paragraph (b) of this section. There is no required minimum number of instruction hours for theory training, but the training provider must cover all the topics in the curriculum set forth in paragraph (b) of this section. Applicants must successfully complete a minimum of 15 hours of BTW training with a minimum of 7 hours of public road driving. Training providers may determine how the remaining 8 hours of BTW training are spent, as long as the range curriculum, as set forth below, is covered. The mandatory minimum hours of BTW training must be conducted in a CMV for which a Class B CDL would be required. (b) Class B CDL core curriculum. The Class B curriculum must, at a minimum, include the following: (1) Theory—(i) Basic operation. This component must cover the interaction between driver-trainees and the CMV. Driver-trainees will receive instruction in the Federal Motor Carrier Safety Regulations (FMCSRs) and will be introduced to the basic CMV instruments and controls. Driver trainees must familiarize themselves with the basic operating characteristics of a CMV. This section must also teach driver-trainees how to properly perform vehicle inspections, control the motion of CMVs under various road and traffic conditions, employ shifting and backing techniques, and properly couple and uncouple combination vehicles. Drivertrainees must first familiarize themselves with the basic operating characteristics of a CMV. Then, drivertrainees must be able to perform the skills in each unit to a level of PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 competency required to permit safe transition to public road driving. (A) Orientation. This unit must introduce driver-trainees to the combination vehicle driver training curriculum and the components of a combination vehicle. Driver-trainees will learn the safety fundamentals, essential regulatory requirements (i.e., overview of FMCSRs/hazardous materials (HM) regulations), and drivertrainees’ responsibilities not directly related to driving. This unit must also cover the ramifications and driver disqualification provisions and fines for non-compliance with parts 380, 382, 383, 387, and 390 through 399 of this chapter. This unit must also include an overview of the applicability of State and local laws relating to the safe operation of the CMV, stopping at weigh stations/scales, hazard awareness of vehicle size and weight limitations, low clearance areas (e.g., CMV height restrictions), and bridge formulas. (B) Control systems/dashboard. This unit must introduce driver-trainees to vehicle instruments, controls, and safety components. The driver-trainees will learn to read gauges and instruments correctly and learn proper use of vehicle safety components, including safety belts and mirrors. Driver-trainees will also learn to identify, locate, and explain the function of each of the primary and secondary controls including those required for steering, accelerating, shifting, braking, and parking. (C) Pre- and post-trip inspections. This unit must stress to driver-trainees the importance of vehicle inspections and help them develop the skills necessary for conducting pre-trip, enroute, and post-trip inspections. This unit must include instruction in a driver-trainee’s personal awareness of his or her surroundings, including at truck stops and/or rest areas, and at shipper/receiver locations. (D) Basic control. This unit must introduce basic vehicular control and handling as it applies to combination vehicles. This must include instruction addressing basic combination vehicle controls in areas such as executing sharp left and right turns, centering the vehicle, and maneuvering in restricted areas. (E) Shifting/operating transmissions. This unit must introduce shifting patterns and procedures to drivertrainees to prepare them to safely and competently perform basic shifting maneuvers. This must include training driver-trainees to execute up and down shifting techniques on multi-speed dual range transmissions, if appropriate. The importance of increased fuel economy E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules achieved by utilizing proper shifting techniques should also be covered. (F) Backing and docking. This unit must prepare driver-trainees to back and dock the combination vehicle safely. This unit must cover ‘‘Get Out and Look’’ (GOAL), evaluation of backing/ loading facilities, knowledge of backing set ups, as well as instruction in how to back with use of spotters. (ii) Safe operating procedures. This component must teach the practices required for safe operation of the combination vehicle on the highway under various road, weather, and traffic conditions. Driver-trainees must be instructed in the Federal rules (§ 392.16 of this chapter) governing the proper use of safety restraint systems (i.e., safety belts). (A) Visual search. This unit must enable driver-trainees to visually search the road for potential hazards and critical objects, including instruction on recognizing distracted pedestrians or distracted drivers. This unit must include instruction in how to ensure a driver-trainee’s personal security/ general awareness in common surroundings such as truck stops and/or rest areas, and at shipper/receiver locations. (B) Vehicle communications. This unit must enable driver-trainees to communicate their intentions to other road users. Driver-trainees must learn techniques for different types of communication on the road, including proper use of headlights, turn signals, four-way flashers, and horns. Instruction in proper utilization of eye contact techniques with other drivers and pedestrians will be covered in this unit. (C) Speed management. This unit must enable driver-trainees to manage speed effectively in response to various road, weather, and traffic conditions. Driver-trainees must understand that driving competency cannot compensate for excessive speed. Instruction must include methods for calibrating safe following distances under an array of conditions including traffic, weather and CMV weight and length. (D) Space management. This unit must teach driver-trainees about the importance of managing the space surrounding the vehicle. Emphasis must be placed upon maintaining appropriate space surrounding the vehicle for safe operation under various traffic and road conditions. (E) Night operation. Driver-trainees will learn the factors affecting the safe operation of CMVs at night and in darkness, including the specific factors that require special attention on the part of the driver. Driver-trainees must be VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 instructed in vehicle safety inspection, vision, communications, speed, and space management and proper use of lights, as needed, to deal with the special problems night driving presents. (F) Extreme driving conditions. This unit addresses the driving of CMVs under extreme conditions. Emphasis must be placed upon the factors affecting the operation of CMVs in cold, hot, and inclement weather and on steep grades and sharp curves. Drivertrainees will learn the changes in basic driving habits needed to deal with the specific problems presented by extreme driving conditions. Driver-trainees will also learn proper tire chaining procedures in this unit. (iii) Advanced operating practices. This component must introduce higherlevel skills that can be acquired only after the more fundamental skills and knowledge taught in the prior two sections have been mastered. Drivertrainees must learn about the advanced perceptual skills necessary to recognize potential hazards and must demonstrate the procedures needed to handle a CMV when faced with a hazard. (A) Hazard perception. The unit must provide instruction in recognizing potential hazards in the driving environment in time to reduce the severity of the hazard and neutralize possible emergency situations. Drivertrainees must identify road conditions and other road users that are a potential threat to the safety of the combination vehicle and suggest appropriate adjustments. Emphasis must be placed upon hazard recognition, visual search, adequate surveillance, and response to possible emergency-producing situations encountered by CMV drivers in various traffic situations. Drivertrainees will also learn to recognize potential dangers and the safety procedures that must be utilized while driving in construction/work zones. (B) Distracted driving. Driver-trainees must be instructed in the ‘‘key’’ driver distraction issues, including improper cell phone use, texting, and use of incab technology. This includes training in the following aspects: Visual attention (keeping eyes on the road); manual control (keeping hands on the wheel); and cognitive awareness (keeping mind on the task and safe operation of the CMV). (C) Emergency maneuvers/skid avoidance. This unit must enable driver-trainees to carry out appropriate responses when faced with CMV emergencies. These must include evasive steering, emergency braking, and off-road recovery, as well as the proper response to brake failures, tire blowouts, hydroplaning, skidding, PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 11975 jackknifing, and rollovers. The discussion must include a review of unsafe acts and the role they play in producing or worsening hazardous situations. (D) Skid control and recovery. This unit must teach the causes of skidding and jackknifing and techniques for avoiding and recovering from them. Driver-trainees must understand the importance of maintaining directional control and bringing the CMV to a stop in the shortest possible distance while operating over a slippery surface. (E) Railroad-highway grade crossings. Driver-trainees will learn to recognize potential dangers and appropriate safety procedures to utilize at railroad (RR)highway grade crossings. This instruction must include an overview of various State RR grade crossing regulations, RR grade crossing environments, obstructed view conditions, clearance around the tracks, and rail signs and signals. (F) Vehicle systems and reporting malfunctions. This unit must provide entry-level driver-trainees with sufficient knowledge of the combination vehicle and its systems and subsystems to ensure that they understand and respect their role in vehicle inspection, operation, and maintenance and the impact of those factors upon highway safety and operational efficiency. (G) Identification and diagnosis of malfunctions, including out-of-service violations. This unit must teach drivertrainees to identify major combination vehicle systems. The goal is to explain their function and how to check all key vehicle systems, (e.g., engine, engine exhaust auxiliary systems, brakes, drive train, coupling systems, and suspension) to ensure their safe operation. Driver-trainees must be provided with a detailed description of each system, its importance to safe and efficient operation, and what is needed to keep the system in good operating condition. Driver-trainees must further learn what vehicle and driver violations are classified as out-of-service (OOS), including the ramifications and penalties for operating when subject to an OOS order as defined in § 390.5 of this chapter. (H) Maintenance. This unit must introduce driver-trainees to the basic servicing and checking procedures for various engine and vehicle components and to help develop their ability to perform preventive maintenance and simple emergency repairs. (iv) Non-vehicle activities. This component must prepare driver-trainees to handle the responsibilities of a driver that do not involve actually operating the CMV. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11976 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules (A) Handling and documenting cargo. This unit must enable driver-trainees to understand the basic theory of cargo weight distribution, cargo securement on the vehicle, cargo covering, and techniques for safe and efficient loading/unloading. Driver-trainees will learn basic cargo security/cargo theft prevention procedures in this unit. Basic information regarding the proper handling and documentation of HM cargo will also be covered in this unit. (B) Environmental compliance issues. Driver-trainees will learn to recognize environmental hazards and issues related to the CMV and load, and made aware that city, county, State, and Federal requirements may apply to such circumstances. (C) Hours of service requirements. The purpose of this unit is to enable drivertrainees to understand that there are different hours-of-service (HOS) requirements applicable to different industries. Driver-trainees must learn all applicable HOS regulatory requirements. Driver-trainees will develop the ability to complete a Driver’s Daily Log (electronic and paper), timesheet, and logbook recap, as appropriate. Driver-trainees will learn the consequences (safety, legal, and personal) of violating the HOS regulations, including the fines and penalties imposed for these types of violations. (D) Fatigue and wellness awareness. The issues and consequences of chronic and acute driver fatigue and the importance of staying alert will be covered in this unit. Driver-trainees must learn regulatory requirements regarding driver wellness and basic health maintenance that affect a driver’s ability to safely operate a CMV. This unit also must address issues such as diet, exercise, personal hygiene, stress, and lifestyle changes. (E) Post-crash procedures. Drivertrainees must learn appropriate postcrash procedures, including the requirement that the driver, if possible, assess his/her physical condition immediately after the crash and notify authorities, or assign the task to other individuals at the crash scene. Drivertrainees must also learn how to protect the area; obtain emergency medical assistance; move on-road vehicles off the road in minor crashes so as to avoid subsequent crashes or injuries; engage flashers, placing triangles, and properly use a fire extinguisher, if necessary. The following topics must also be covered: Responsibilities for assisting injured parties; Good Samaritan Laws; driver legal obligations and rights, including rights and responsibilities for engaging with law enforcement personnel; and VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 the importance of learning company policy on post-crash procedures. Drivertrainees must receive instruction in post-crash testing requirements related to controlled substances and alcohol. Driver-trainees must learn the techniques of photographing the scene; obtaining witness information; assessing skid measurements; and assessing signage, road, and weather conditions. (F) External communications. Drivertrainees must be instructed in the value of effective interpersonal communication techniques/skills to interact with enforcement officials. Driver-trainees must be taught the specifics of the roadside vehicle inspection process, and what to expect during this activity. Driver-trainees who are not native English speakers must be instructed in FMCSA English language proficiency requirements and the consequences for violations. Drivertrainees also must learn the implications of violating Federal and state regulations on their driving records and their employing motor carrier’s records. (G) Whistleblower/coercion. This unit will advise the driver-trainees about the right of an employee to question the safety practices of an employer without incurring the risk of losing a job or being subject to reprisals simply for stating a safety concern. Driver-trainees must be instructed in the whistleblower protection regulations in 29 CFR part 1978. They must also learn the procedures for reporting to FMCSA incidents of coercion from motor carriers, shippers, receivers, or transportation intermediaries. (H) Trip planning. This unit must address the importance of and requirements for planning routes and trips. This instruction must address planning the safest route, planning for rest stops, heavy traffic areas, railroadhighway grade crossing safe clearance and ground clearance (i.e., ‘‘high center’’), the importance of Federal and State requirements on the need for permits, and vehicle size and weight limitations. Driver-trainees must be instructed in the correct identification of restricted routes, the pros and cons of Global Positioning System (GPS)/trip routing software, and the importance of selecting fuel-efficient routes. (I) Drugs/alcohol. In this unit, drivertrainees must learn that there are a variety of rules applicable to drug and alcohol use and must receive the training required by the applicable drug and alcohol regulations, including consequences for engaging in controlled substance (including prescription drugs) and alcohol use-related conduct. The importance of avoiding use of drugs/ PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 alcohol in violation of applicable regulations must be covered in this unit. (J) Medical requirements. In this unit, driver-trainees will learn the Federal rules on medical certification, medical examination procedures, general qualifications, responsibilities, and disqualifications based on various offenses, orders, and loss of driving privileges (49 CFR part 391, subparts B and E). (2) Range. This unit must consist of driving exercises related to basic vehicle control skills and mastery of basic maneuvers, as covered in §§ 383.111 and 383.113 of this chapter, necessary to operate the vehicle safely. Activities in this unit will take place on a driving range as defined in § 380.605. (i) Vehicle inspection pre-trip/ enroute/post-trip. Driver-trainees must demonstrate proficiency in proper techniques for performing pre-trip, enroute, and post-trip inspections and making accurate notes of actual and suspected component abnormalities or malfunctions using a Driver Vehicle Inspection Report in accordance with the FMCSRs. (ii) Straight line backing. Drivertrainees must demonstrate proficiency in proper techniques for performing various straight line backing maneuvers to appropriate criteria/acceptable tolerances. (iii) Alley dock backing (45/90 degree). Driver-trainees must demonstrate proficiency in proper techniques for performing 45/90 degree alley dock maneuvers, to appropriate criteria/acceptable tolerances. (iv) Off-set backing. Driver-trainees must demonstrate proficiency in proper techniques for performing off-set backing maneuvers to appropriate criteria/acceptable tolerances. (v) Parallel parking blind side. Drivertrainees must demonstrate proficiency in proper techniques for performing parallel parking blind side positions/ maneuvers to appropriate criteria/ acceptable tolerances. (vi) Parallel parking sight side. Drivertrainees must demonstrate proficiency in proper techniques for performing sight side parallel parking maneuvers to appropriate criteria/acceptable tolerances. (3) Public road. The instructor must engage in active two-way communication with the driver-trainees during all active training sessions and evaluate the driving competence of the driver-trainees during all public road training. Concepts described in paragraphs (b)(3)(viii) through (xiii) of this section are discussed during public road training or simulated, but not necessarily performed. E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules (i) Vehicle controls including: left turn, right turns, lane changes, curves at highway speeds. Driver-trainees must demonstrate proficiency in proper techniques for initiating vehicle movement, executing left and right turns, changing lanes, navigating curves at speed, and stopping the vehicle in a controlled manner. (ii) Shifting/transmission. Drivertrainees must demonstrate proficiency in proper techniques for performing safe and fuel-efficient shifting and making any necessary adjustments in the process. (iii) Communications/signaling. Driver-trainees must demonstrate proficiency in proper techniques for signaling intentions and effectively communicating with other drivers. (iv) Visual search. Driver-trainees must demonstrate proficiency in proper techniques for visually searching the road for potential hazards and critical objects. (v) Speed and space management. Driver-trainees must demonstrate proficiency in proper habits and techniques for adjusting and maintaining vehicle speed, taking into consideration various factors such as traffic and road conditions. Driver trainees practice maintaining proper speed to keep appropriate spacing between the driver-trainee’s CMV and other vehicles. Instruction must include methods for calibrating safe following distances under an array of conditions including traffic, weather, and CMV weight and length. (vi) Safe driver behavior. Drivertrainees must learn and demonstrate proficiency in safe driver behavior during their operation of the CMV. (vii) Hours of service (HOS) requirements. Driver-trainees must demonstrate proficiency in the basic activities required by the HOS regulations, such as completing a Driver’s Daily Log (electronic and paper), timesheet, and logbook recap, as appropriate. (viii) Hazard perception (partial demonstration). Driver-trainees must demonstrate their ability to recognize potential hazards in the driving environment in time to reduce the severity of the hazard and neutralize possible emergency situations. Drivertrainees must demonstrate the ability to identify road conditions and other road users that are a potential threat to the safety of the combination vehicle and suggest appropriate adjustments. (ix) Railroad (RR)-highway grade crossing (demonstration where railroad grade crossing is available, simulated otherwise). Driver-trainees must demonstrate the ability to recognize VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 potential dangers and to implement appropriate safety procedures when RRhighway grade crossings are reasonably available. (x) Night operation. Driver-trainees must learn how to operate a CMV safely at night. Heightened emphasis must be placed upon the factors affecting the operation of CMVs at night. Drivertrainees must learn that night driving presents specific circumstances that require heightened attention on the part of the driver. Driver-trainees must be taught special requirements for invehicle safety inspection, night vision, communications, speed, and space management, and proper use of lights as needed to prepare driver-trainees to deal with the special problems night driving presents. Though not required to do so, training providers are strongly encouraged to offer driver-trainees night-driving experience where feasible. (xi) Extreme driving conditions. Driver-trainees must be familiar with the special risks created by, and the heightened precautions required by, driving CMVs under extreme driving conditions, such as heavy rain, high wind, high heat, high grades, fog, snow, and ice. Emphasis must be placed upon the factors affecting the operation of CMVs in cold, hot, and inclement weather and on steep grades and sharp curves. Driver-trainees must learn and demonstrate proficiency in changes in basic driving habits needed to deal with the specific challenges presented by these extreme driving conditions. Driver-trainees will also learn proper tire chaining procedures in this unit. (xii) Emergency maneuvers/skid avoidance. Driver-trainees must be familiar with proper techniques for responding to CMV emergencies, such as evasive steering, emergency braking and off-road recovery. They must also know how to prevent or respond to brake failures, tire blowouts, hydroplaning, skidding, jackknifing, and rollovers. (xiii) Skid control and recovery. Driver-trainees must know the causes of skidding and jackknifing and techniques for avoiding and recovering from them. Driver-trainees must know how to maintain directional control and bring the CMV to a stop in the shortest possible distance while operating over a slippery surface. § 380.619 Passenger endorsement training curriculum. (a) This section describes the training requirements and curriculum that a CMV driver seeking a passenger (P) endorsement on his or her CDL must successfully complete in order to receive the P endorsement. PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 11977 (b) There is no required minimum number of instruction hours for any portion of this training, but the training provider must cover all the topics identified in paragraph (d). (c) The training must be conducted in a representative vehicle for the P endorsement. (d) Passenger bus ‘‘P’’ entry-level driver training (ELDT) curriculum. The passenger endorsement training must, at a minimum, contain the following: (1) Theory—(i) Post-crash procedures. Evidence suggests that including ‘‘PostCrash Procedure’’ training early in the driver-training curriculum may enhance the impact of subsequent training and have a positive influence in reducing crashes involving new drivers. Accordingly, driver-trainees must learn appropriate post-crash procedures, including the requirement that the driver, if possible, assess his or her physical condition immediately after the crash and notify authorities, or assign the task to a passenger or other individuals at the crash scene. Also, driver-trainees must learn how to obtain emergency medical assistance; move onroad vehicles off the road in minor crashes so as to avoid subsequent crashes or injuries; engage flashers, placing triangles, and properly use a fire extinguisher if necessary. The following topics must also be covered: responsibilities for assisting injured parties and Good Samaritan Laws; driver legal obligations and rights, including rights and responsibilities for engaging with law enforcement personnel; and the importance of learning company policy on post-crash procedures. Driver-trainees must also learn the techniques of photographing the scene; obtaining witness information, skid measurements; and assessing signage, road, and weather conditions. (ii) Other emergency procedures. Driver-trainees must receive instruction in managing security breaches, on-board fires, medical emergencies, and emergency stopping procedures including the deployment of various emergency hazard signals (49 CFR 392.22). Instruction must also include procedures for dealing with mechanical breakdowns and vehicle defects while enroute. (iii) Vehicle orientation. Drivertrainees must become familiar with basic physical and operational characteristics of a bus, including overall height, length, width, ground clearances, rear overhang, Gross Vehicle Weight and Gross Vehicle Weight Rating, axle weights, tire ratings, mirrors, steer wheels, lighting, windshield, windshield wipers, engine E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11978 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules compartments, basic electrical system, and spare tire storage. Additionally, driver-trainees must receive instruction in techniques for proper seat and mirror adjustments. (iv) Pre-trip, enroute, and post-trip inspection. (A) This unit must underscore the importance of pre-trip, enroute, and post-trip inspections; and provide instruction in techniques for conducting such inspections of buses and key components, including, but not limited to: (1) Bus mechanical condition; (2) Brakes; (3) Tires (including tire pressure); (4) Emergency exits; (5) Emergency equipment; (6) Bus interiors (including passenger seats as applicable); (7) Restrooms and associated environmental requirements; (8) Temperature controls (for maintaining passenger comfort); (9) Driver and passenger seat belts; and (10) Mirrors. (B) Additionally, driver-trainees must receive instruction in procedures, as applicable, in security-related inspections, including inspections for unusual wires or other abnormal visible materials, interior and exterior luggage compartments, packages or luggage left behind, and signs of cargo or vehicle tampering. (C) Driver-trainees must receive instruction in cycling-accessible lifts and procedures for inspecting them for functionality and defects. (v) Fueling. Driver-trainees must receive instruction emphasizing the significance of avoiding refueling a bus while passengers are onboard, and the imperative of avoiding refueling in an enclosed space. (vi) Idling. Most States and local jurisdictions impose commercial motor vehicle idling limits, generally to reduce emissions. Idling limits can vary significantly for passenger carriers, with considerations for ambient temperature, safety of passengers, traffic conditions, etc. Driver-trainees must receive instruction regarding the importance of compliance with State and local laws and regulations, including for example, fuel savings; and the consequences of non-compliance, including adverse health effects and penalties. (vii) Baggage and/or cargo management. In this unit, drivertrainees must receive training on: (A) Proper methods for handling passenger baggage and containers to avoid worker, passenger, and nonpassenger (e.g., bystander) related injuries and property damage. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 (B) Procedures for visually inspecting baggage and containers for prohibited items such as hazardous materials. (C) Proper methods for handling and securing passenger baggage and containers, as applicable. (D) Proper handling and securement of devices associated with the Americans with Disabilities Act (ADA) compliance, including oxygen, wheeled mobility devices, and other associated apparatuses. (E) Identifying prohibited and acceptable materials such as Class 1 (explosives), Hazardous Materials, articles other than Class 1 (explosive) materials, Division 6.1 (poisonous) or Division 2.3 (poisonous gas), Class 7 (radioactive) materials as specified in 49 CFR part 177 subpart E and removing prohibited materials as appropriate. (viii) Passenger safety awareness briefing. Driver-trainees must receive instruction on briefing passengers on safety topics including fastening seat belts, emergency exits, emergency phone contact information, fire extinguisher location, safely walking in the aisle when the bus is moving, and restroom emergency push button or switch. (ix) Passenger management. In this unit, driver-trainees must receive instruction concerning: (A) Proper procedures for safe loading and unloading of passengers prior to departure, including rules concerning standing passengers and the Standee Line (49 CFR 392.62). (B) Procedures for dealing with disruptive passengers. (x) Americans with Disabilities Act (ADA) compliance. Along with learning the proper operation of accessibility equipment (e.g., lifts), driver-trainees must receive instruction regarding the applicable regulations and proper procedures for engaging persons with disabilities or special needs under the ADA. Training must cover passengers with mobility issues, engaging passengers with sight, hearing or cognitive impairments, and recognizing the permitted use of service animals. Driver-trainees must receive sensitivity training and be familiar with applicable regulations (49 CFR part 37 subpart H). (xi) Hours of service (HOS) requirements. Driver-trainees must receive instruction regarding HOS regulations that apply to drivers for interstate passenger carriers. Drivertrainees must receive instruction in the basic activities required by the HOS regulations, such as completing a Driver’s Daily Log (electronic and paper), timesheet, and logbook recap, as appropriate. Driver-trainees must receive basic training in how to PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 recognize the signs of fatigue, and basic fatigue countermeasures as a means to avoid crashes. (xii) Safety belt safety. Driver-trainees must be instructed in the Federal rules (§ 392.16 of this chapter) governing the proper use of safety restraint systems (i.e., seat belts) by CMV drivers. (xiii) Distracted driving. Drivertrainees must receive instruction regarding FMCSA regulations that prohibit bus drivers from texting or using hand-held mobile phones while operating their vehicles; and must be instructed in the serious consequences of violations, including crashes, heavy fines, impacts on a motor carrier’s and/ or driver’s safety records, and/or driver disqualification. (xiv) Railroad (RR)-highway grade crossings. This unit must instruct driver-trainees in applicable regulations, techniques, and procedures for navigating RR-highway grade crossings appropriate to passenger buses. (xv) Weigh station obligations. Drivertrainees must receive instruction regarding weigh-station regulations that apply to buses and the fines applicable to drivers who unlawfully pass or avoid weigh stations. (xvi) Security and crime. Drivertrainees must receive instruction in basic techniques for recognizing and minimizing risks from criminal activities. (xvii) Commercial Vehicle Safety Alliance (CVSA) North American out-ofservice criteria. Driver-trainees must receive instruction in the applicable regulations for conducting CVSA Level I–VII inspections for buses, including the vehicle defects and driver violations that can result in out-of-service (OOS) orders, and consequences for violating OOS orders. Training providers should provide driver-trainees with a CVSA manual. (xviii) Penalties and fines. Drivertrainees must receive instruction concerning the potential consequences of violating driver-related regulations, including impacts on driver and motor carrier safety records, adverse impacts on the driver’s Pre-employment Screening Program record; financial penalties for both the driver and carrier; and possible loss of CMV driving privileges. (2) Range and public road. The instructor must engage in active twoway communication with the drivertrainees during all active training sessions and evaluate the driving competence of the driver-trainees during all road training. (i) Commercial Vehicle Safety Alliance (CVSA) North American out-ofservice criteria. Driver-trainees must E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules demonstrate their knowledge of applicable regulations for conducting CVSA Level I–VII inspections for buses, including the vehicle defects and driver violations that can result in out-ofservice (OOS) orders, and consequences for violating OOS orders. Training providers should furnish driver-trainees with a CVSA manual. (ii) Vehicle orientation. Training providers must familiarize drivertrainees with basic bus physical and operational characteristics including overall height, length, width, ground clearances, rear overhang, gross vehicle weight and gross vehicle weight rating, axle weights, tire ratings, mirrors, steer wheels, lighting, windshield, windshield wipers, engine compartments, basic electric system, and spare tire storage. Additionally, driver-trainees must receive instruction in techniques for proper seat and mirror adjustments. (iii) Pre-trip, enroute, and post-trip inspection. (A) Driver-trainees must demonstrate their ability to conduct such pre-trip, enroute and post-trip inspections of buses and key components, including, but not limited to: (1) Bus mechanical condition; (2) Brakes; (3) Tires (including tire pressure); (4) Emergency exits; (5) Emergency Equipment; (6) Bus interiors (including passenger seats as applicable); (7) Restrooms and associated environmental requirements; (8) Temperature controls (for maintaining passenger comfort); (9) Driver and passenger seat belts; and (10) Mirrors. (B) Additionally, driver-trainees must demonstrate their knowledge of procedures, as applicable, in securityrelated inspections, including inspections for unusual wires or other abnormal visible materials, interior and exterior luggage compartments, packages or luggage left behind, and signs of cargo or vehicle tampering. (C) Driver-trainees must know how to operate cycling-accessible lifts and the procedures for inspecting them for functionality and defects. (iv) Baggage and/or cargo management. In this unit, drivertrainees must demonstrate their ability to: (A) Properly handle passenger baggage and containers to avoid worker, passenger, and non-passenger related injuries and property damage; (B) Visually inspect baggage and containers for prohibited items such as hazardous materials; VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 (C) Properly handle and secure devices associated with ADA compliance including oxygen, wheeled mobility devices, and other associated apparatuses; and (D) Identify prohibited and acceptable Class 1 (explosives), Hazardous Materials, articles other than Class 1 (explosive) materials, Division 6.1 (poisonous) or Division 2.3 (poisonous gas), Class 7 (radioactive) materials as specified in 49 CFR part 177 subpart E and remove prohibited materials as appropriate. (iv) Passenger safety awareness briefing. Driver-trainees must demonstrate their ability to brief passengers on safety on topics including: fastening seat belts, emergency exits, emergency phone contact information, fire extinguisher location, safely walking in the aisle when the bus is moving, and restroom emergency push button or switch. (v) Passenger management. In this unit, driver-trainees must demonstrate their ability to safely load and unload passengers prior to departure and to deal with disruptive passengers. (vi) Railroad-highway grade crossings. This unit must instruct driver-trainees in applicable regulations, techniques, and procedures for navigating railroad crossings appropriate to passenger buses. § 380.621 School bus endorsement training curriculum. (a) This section sets forth the training requirements and curriculum that a CMV driver seeking a school bus endorsement (S) on his or her CDL must successfully complete in order to receive the S endorsement. (b) There is no required minimum number of instruction hours for any portion of this training, but the training provider must cover all the topics identified in paragraph (d). (c) The training must be conducted in a representative vehicle for the S endorsement involved. (d) School bus (S) entry-level driver training curriculum. The school bus endorsement training must, at a minimum, include the following: (2) Theory—(i) Danger zones and use of mirrors. This unit must instruct driver-trainees regarding the danger zones that exist around the school bus and the techniques to ensure the safety of those around the bus. These techniques include correct mirror adjustment and usage. The types of mirrors and their use must be discussed, as well as the requirements found in Federal Motor Vehicle Safety Standard (FMVSS) 111 (49 CFR 571.111). Drivertrainees must be informed of the PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 11979 dangers of ‘‘dart-outs.’’ Driver-trainees also must be instructed on the importance of training students how to keep out of the danger zone when around school buses and the techniques for doing so. (ii) Loading and unloading. Drivertrainees must be instructed on the State and local laws and procedures for loading and unloading, as well as the required procedures for students waiting at a bus stop and crossing the roadway at a bus stop. Special dangers involved in loading and unloading must be specifically discussed, including procedures to ensure the danger zone is clear and that no student has been caught in the doorway prior to moving the vehicle Instruction also must be included on the proper use of lights, stop arms, crossing gates, and safe operation of the door during loading and unloading; the risks involved with leaving students unattended on a school bus; and the proper techniques for checking the bus for sleeping children and lost items at the end of each route. (iii) Post-crash procedures. This unit must instruct driver-trainees instruction on the proper procedures following a school bus crash. Training must include instruction on tending to injured passengers, post-crash vehicle securement, notification procedures, deciding whether to evacuate the bus, data gathering, and interaction with law enforcement officials. (iv) Emergency exit and evacuation. Driver-trainees must receive instruction on their role in safely evacuating the bus in an emergency and planning for an emergency in advance. Training must include proper evacuation methods and procedures, such as the safe evacuation of students on field and activity trips who only occasionally ride school buses and thus may not be familiar with the procedures. (v) Railroad-highway grade crossings. Driver-trainees are made aware of the dangers trains present and the importance of the school bus driver and students strictly following railroad crossing procedures. Instruction must be given on the types of crossings, warning signs and devices, and State and local procedures and regulations for school buses when crossing railroad-highway grade crossings. (vi) Student management. Drivertrainees must receive instruction on their responsibility to manage student behavior on the bus to ensure that safety is maintained and the rights of others are respected. Specific student management techniques must be discussed, including warning signs of bullying and the techniques for managing student behavior and E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11980 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules administering discipline. Driver-trainees must learn techniques to avoid becoming distracted by student behavior while driving, especially when crossing railroad tracks and during loading and unloading. Driver-trainees also must learn techniques for handling serious problems arising from student behavior. (vii) Antilock-braking systems. Drivertrainees must be provided an overview of anti-lock braking systems (ABS). Topics discussed must include which vehicles are required to have ABS, how ABS helps the driver, techniques for braking with ABS, procedures to follow if ABS systems malfunction, and general ABS safety reminders. (viii) Special safety considerations. This unit must cover special safety considerations and equipment in school bus operations. Topics discussed must include use of strobe lights, driving in high winds, safe backing techniques, and preventing tail swing crashes. (ix) Pre- and post-trip inspections. Driver-trainees must receive an overview of the pre- and post-trip inspection requirements unique to school bus equipment, such as mirrors, stop arms, crossing arms, emergency exits, fire extinguishers, passenger seats, first aid kits, interior lights, and internal vehicle conditions. Driver-trainees must be instructed in State and local procedures, as applicable, for inspection of school bus equipment. (x) School bus security. This unit must cover the security issues facing school bus drivers. Driver-trainees must be made aware of potential security threats, techniques for preventing and responding to security threats, how to recognize and report suspicious behavior, and what to do in the event of a hijacking or attack on a school bus. (xi) Route and stop reviews. Drivertrainees must be made aware of the importance of planning their routes prior to beginning driving in order to avoid distraction while on the road. They must learn techniques for reviewing routes and stops, as well as State and local procedures for reporting hazards along the route and at bus stops. (xii) Night operation. Driver-trainees must learn about the special challenges presented when operating a school bus at night and the techniques for driving safely at times of darkness, such as during a thunderstorm. (2) Range and public road—(i) Danger zones and use of mirrors. Drivertrainees must demonstrate the techniques necessary to ensure the safety of persons in the danger zone around the bus. Driver-trainees must be practice mirror adjustment and usage. The types of mirrors and their use are shown and cones are set up to VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 demonstrate the requirements of 49 CFR 571.111. (ii) Loading and unloading. Drivertrainees must practice the loading and unloading techniques learned in the theory portion of the training. Drivertrainees must practice checking the vehicle for sleeping children and lost items at the end of the route. (iii) Emergency exit and evacuation. Driver-trainees must practice their role in safely evacuating the bus in an emergency. (iv) Special safety considerations. Driver-trainees must practice safe backing techniques and demonstrate their ability to avoid tail swing crashes by using reference points when making turns. (v) Pre- and post-trip inspections. Driver-trainees must practice pre-and post-trip inspections of school busspecific equipment, such as mirrors, stop arms, crossing arms, emergency exits, fire extinguishers, passenger seats, first aid kits, interior lights, and internal vehicle conditions. (vi) Railroad-highway grade crossings. Driver-trainees must practice proper procedures for safely crossing railroadhighway grade crossing in a school bus. § 380.623 Hazardous materials endorsement training curriculum (a) This section sets forth the training requirements and curriculum that a CMV driver seeking a hazardous materials endorsement (H) on his or her CDL must successfully complete in order to receive the H endorsement. (b) There is no required minimum number of instruction hours for theory training, but the training provider must cover all the topics in the curriculum in paragraph (c) of this section. (c) Hazardous materials entry-level driver training curriculum. The hazardous materials (HM) curriculum must, at a minimum, include the following: (1) Theory—(i) Basic introductory HM requirements. Driver-trainees must learn the basic HM competencies, including applicability requirements when HM is being transported. Driver-trainees must also be instructed in the HM communication requirements including: shipping paper requirements; marking; labeling; placarding; emergency response information; and shipper’s responsibilities. (ii) Operational HM requirements. Driver-trainees must learn the basic competencies for transportation of HM (i.e., vehicle operation). (iii) Reporting HM crashes and releases. Driver-trainees must learn the proper procedures and contacts for the immediate notification related to certain PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 HM incidents, including instruction in the proper completion and submission of HM Incident Reports. (iv) Tunnels and railroad (RR)highway grade crossing requirements. Driver-trainees must learn the proper operation of an HM vehicle at RRhighway grade crossings and in vehicular tunnels. (v) Loading and unloading HM. Driver-trainees must learn the proper loading and unloading procedures for hazardous material cargo. Drivertrainees must also learn the requirements for proper segregation and securement of HM, and the prohibitions on transporting certain solid and liquid poisons with foodstuffs. (vi) HM on passenger vehicles. Drivertrainees must learn the various requirements for vehicles transporting passengers and property, and the types and quantities of HM that can and cannot be transported in these vehicles/ situations. (vii) Bulk packages. (A) Drivertrainees must learn the specialized requirements for transportation of cargo in bulk packages, including cargo tanks, intermediate bulk containers, bulk cylinders and portable tanks. The unit must include training in the operation of emergency control features, special vehicle handling characteristics, rollover prevention, and the properties and hazards of the HM transported. (B) Driver-trainees must learn methods specifically designed to reduce cargo tank rollovers including, but not limited to, vehicle design and performance, load effects, highway factors, and driver factors. (viii) Operating emergency equipment. Driver-trainees must learn the applicable requirements of the FMCSRs and the procedures necessary for the safe operation of the motor vehicle. This includes training in special precautions for fires, loading and unloading, operation of cargo tank motor vehicle equipment, and shut-off/ shut-down equipment. (ix) Emergency response procedures. Driver-trainees must learn the proper procedures and best practices for handling an emergency response and post-response operations, including what to do in the event of an unintended release of an HM. All training, preparation, and response efforts must focus on the hazards of the materials that have been released; and the protection of people, property, and the environment. (x) Engine (fueling). Driver-trainees must learn the procedures for fueling a vehicle that contains HM. (xi) Tire check. Driver-trainees must learn the proper procedures for E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules checking the vehicle tires at the start of a trip and each time the vehicle is parked. (xii) Routes and route planning. Driver-trainees must learn the proper routing procedures that they are required to follow for the transportation of radioactive and non-radioactive HM. (xiii) Hazardous materials safety permits (HMSP). Driver-trainees must be instructed in the proper procedures and operational requirements including communications, constant attendance, and parking that apply to the transportation of an HM for which an HMSP is required. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.625 Refresher training curriculum. (a) This section sets forth the training requirements and curriculum that a CDL holder who is disqualified from operating a CMV, must complete in order to reapply for a CDL. (b) There is no required minimum number of instruction hours for any portion of the curriculum, but the training provider must cover all the topics in the curriculum in paragraph (d) of this section. (c) The training must be conducted in a representative vehicle consistent with the driver’s CDL Class and/or endorsement for which the driver is reapplying. (d) Entry-level driver training refresher curriculum. The refresher curriculum must, at a minimum, include the following: (1) Theory—(i) Post-crash procedures. Including post-crash procedure training early in the curriculum may enhance the impact of subsequent training and have a positive influence in reducing crashes. Accordingly, driver-trainees must learn appropriate post-crash procedures, including the requirement that, if possible, the driver assess his or her physical condition immediately after the crash and notify authorities, or assign the task to other individuals at the crash scene. Also, driver-trainees must learn how to obtain emergency medical assistance; move on-road vehicles off the road in minor crashes so as to avoid subsequent crashes or injuries; engage flashers; and place triangles. The following topics must also be covered: responsibilities for assisting injured parties and Good Samaritan Laws; driver legal obligations and rights, including rights and responsibilities for engaging with law enforcement personnel; and the importance of learning company policy on post-crash procedures. Driver-trainees must also learn the techniques of photographing the scene; obtaining witness information; skid measurements; and VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 assessing signage, road, and weather conditions. (ii) Alcohol and controlled substances. Driver-trainees must be instructed in the Federal regulations on driving under the influence of alcohol or controlled substances and the potential consequences for violating the regulations. (See part 382 and §§ 392.4 and 392.5 of this chapter) (iii) Driver fatigue and wellness. Driver-trainees must be instructed in the extreme safety risks associated with fatigued driving, and the risks and potential consequences, including legal consequences for the driver, of causing a crash due to fatigued driving. (iv) Hours of service (HOS) and records of duty status/logbooks. Drivertrainees must learn the basic applicable concepts and HOS requirements; and must practice completing a Driver’s Daily Log (electronic and paper), timesheet, and logbook recap as appropriate. (v) Seat belt safety. Driver-trainees must be instructed in the Federal rules (§ 392.16 of this chapter) governing the proper use of safety restraint systems (i.e., seat belts) by CMV drivers. (vi) Distracted driving. Driver-trainees must be instructed in the ‘‘key’’ driver distraction issues, including improper cell phone use, texting, and use of incab technology. This includes training in the following aspects: visual attention (keeping eyes on the road); manual control (keeping hands on the wheel); and cognitive awareness (keeping mind on the task and safe operation of the CMV). (vii) Serious traffic violations while operating a CMV. Driver-trainees must be instructed in Federal regulations in § 383.51 of this chapter pertaining to the potential disqualification of drivers for violations such as following too closely; improper lane changes; driving 15 mph or more over the speed limit; and reckless driving. (viii) CDL holder committing serious traffic violations while operating a nonCMV. Driver-trainees must be instructed in Federal regulations in § 383.51 of this chapter pertaining to the potential disqualification of drivers—for driving violations off the job, i.e., while not operating a CMV. Driver-trainees must learn that CDL holders are held to a higher standard as the CDL is a professional license. (ix) Safe operating procedures. Drivertrainees must be taught how to apply their basic operating skills in a way that ensures their safety and that of other road users under various road, weather, and traffic conditions as follows. (x) Visual search. Driver-trainees must be taught how to visually search the PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 11981 road for potential hazards and critical objects, including instruction on recognizing distracted pedestrians and/ or distracted drivers. This unit must include instruction in how to ensure a driver-trainee’s personal security/ general awareness in common surroundings such as truck stops, rest areas, and at shipper/receiver locations. (xi) Vehicle communications. This unit must enable driver-trainees to communicate their intentions to other road users (e.g., proper signaling). Driver-trainees must learn techniques for different types of communication on the road, including proper use of headlights, turn signals, four-way flashers, and horns. Instruction in proper utilization of eye contact techniques with other drivers and pedestrians must be covered in this unit. (xii) Speed management. This unit must instruct driver-trainees in managing speed effectively in response to various road, weather, and traffic conditions. Driver-trainees must understand that driving competency cannot compensate for excessive speed. Instruction must include methods for calibrating safe following distances under an array of conditions including traffic, weather and CMV weight and length. (xiii) Space management. In this unit driver-trainees will learn how to manage the space around the vehicle for safe operation. Emphasis must be placed upon maintaining appropriate space surrounding the vehicle under various traffic and road conditions. (xiv) Night operation. Driver-trainees must be instructed in how to operate a CMV safely at night. Heightened emphasis must be placed upon the factors affecting the safe operation of CMVs at night and in darkness. Drivertrainees must understand that night driving presents specific factors that require special attention on the part of the driver. Driver-trainees must be instructed in special requirements for vehicle safety inspection, vision, communications, speed, space management and proper use of lights, as needed, to deal with the unique problems night driving presents. (xv) Extreme driving conditions. This unit must provide instruction addressing driving under extreme conditions. Emphasis must be placed upon the factors affecting the operation of CMVs in cold, hot, and inclement weather and on steep grades and sharp curves. Driver-trainees must understand the changes in basic driving habits needed to deal with the specific problems presented by these conditions. Driver-trainees also must be instructed E:\FR\FM\07MRP2.SGM 07MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 11982 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules in proper tire chaining procedures in this unit. (2) Advanced operating practices. Driver-trainees must learn the perceptual skills necessary to recognize potential hazards. (i) Hazard perception. The unit must provide instruction in recognizing hazards in time to reduce the severity of the hazard and neutralize possible emergency situations. Driver-trainees must learn to identify road conditions and other road users who are a potential threat to the safety of the combination vehicle and suggest appropriate adjustments, e.g. defensive maneuvers. Emphasis must be placed upon hazard recognition, visual search, adequate surveillance, and response to possible emergency-producing situations encountered by CMV drivers. Drivertrainees also must be instructed to recognize potential dangers and the appropriate safety procedures to utilize while driving in construction/work zones. (ii) Emergency maneuvers/skid avoidance. This unit must prepare driver-trainees to carry out appropriate responses when faced with CMV emergencies, such as evasive steering, emergency braking, and off-road recovery. Driver-trainees must also learn how to respond to brake failures, tire blowouts, hydroplaning, skidding, jackknifing, and rollovers. The discussion must include a review of unsafe acts and the role they play in producing hazardous situations. (iii) Skid control and recovery. This unit must teach the causes of skidding and jackknifing and techniques for avoiding and recovering from them. Driver-trainees must be able to maintain directional control and bring the CMV to a stop in the shortest possible distance while operating over a slippery surface. (iv) Railroad (RR)-highway grade crossings. Driver-trainees must learn to recognize potential dangers and appropriate safety procedures to utilize at RR-highway grade crossings, including an overview of various State RR-highway grade crossing regulations. Instruction must also include the following topics: RR-highway grade crossing environment, obstructed view, clearance around the tracks, and knowledge of rail signs and signals. (v) Roadside inspection/ communication with law enforcement. Driver-trainees must be taught the value of effective interpersonal communications and skills to properly interact with law enforcement officials during the roadside CMV inspection process and what to expect during this activity. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 (vi) Medical certificate/personal health and wellness. Driver-trainees must learn the Federal regulations in subpart E of part 391 of this chapter on medical certification and medical examination procedures. Driver-trainees must learn about driver wellness, basic health maintenance including diet and exercise, and the importance of avoiding excessive use of alcohol. (v) Whistleblower/coercion. The right of an employee to question the safety practices of an employer without incurring the risk of losing a job, or being subject to reprisals simply for stating a safety concern must be included in this unit. Driver-trainees must become familiar with the whistleblower protection regulations in 29 CFR part 1978. Driver-trainees must learn procedures for reporting to FMCSA incidents of coercion from motor carriers, shippers, receivers, or transportation intermediaries. (vi) Driver/public safety importance. Training must emphasize the fact that the CMV driver is the most important component of the motor carrier operation and highway/public safety. Driver-trainees must understand they are responsible for the safety of the operation, the load, and the equipment. (vii) Emergency stopping, crashes, incidents. Driver-trainees must be instructed in carrying out the appropriate responses when faced with CMV emergencies. This instruction must specifically include discussion of evasive steering, emergency braking and off-road recovery, as well as the proper response to brake failures, tire blowouts, hydroplaning, skidding, jackknifing, and rollovers. This instruction must include a review of unsafe acts and the role they play in producing hazardous situations. (3) Range—(i) Pre-trip and post-trip inspections. Driver-trainees must learn the importance of vehicle inspections and must develop the skills necessary for conducting pre-trip, enroute, and post-trip inspections. Driver-trainees must demonstrate the ability to perform a pre-trip inspection under 49 CFR 396.13 and a post-trip inspection under § 396.11 of this chapter. This unit must include a review of CMV parts and accessories including brakes and components. (ii) Load securement. Driver-trainees must learn the basic theory of cargo weight distribution, cargo securement on the vehicle, cargo covering, and demonstrate techniques for safe and efficient loading, and properly securing the cargo under 49 CFR 392.9 and §§ 393.100 through 393.136 of this chapter. PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 (4) Public road. Driver-trainees demonstrate the practices required for safe operation of the CMV on a public road. This unit must include training in basic operation and vehicle maneuvers under § 391.31 (Skills and Knowledge) of this chapter. Driver-trainees must be taught how to apply their basic operating skills in a way that ensures their safety and that of other road users under various road, weather, and traffic conditions. ■ 4. Add subpart G to read as follows: Subpart G—Registry of Entry-Level Driver Training Providers Sec. 380.700 Scope. 380.703 Requirements for the training provider registry. 380.707 Entry-level training provider. 380.709 Facilities. 380.711 Equipment. 380.713 Driver-instructor qualifications/ requirements. 380.715 Assessments. 380.717 Training certification. 380.719 Requirements for continued listing on the training provider registry. 380.721 Removal from Training Provider Registry: factors considered. 380.723 Removal from Training Provider Registry: procedure. 380.725 Documentation and record retention. Subpart G—Registry of Entry-Level Driver Training Providers § 380.700 Scope. The rules in this subpart establish the eligibility requirements for listing on FMCSA’s Training Provider Registry (TPR). Drivers seeking ELDT may use only providers listed on the TPR to comply with this part. § 380.703 Requirements for the training provider registry. (a) To be eligible for listing on the TPR, an entity must: (1) Follow a curriculum that meets the criteria set forth in § 380.613, 380.615, 380.619, 380.621, 380.623, or 380.625, as applicable; (2) Utilize facilities that meet the criteria set forth in § 380.709; (3) Utilize vehicles that meet the criteria set forth in § 380.711; (4) Utilize driver training instructors that meet the criteria set forth in § 380.713; (5) Allow FMCSA or its authorized representative to audit or investigate the training provider’s operations to ensure that the provider meets the criteria set forth in this section. (6) Submit to FMCSA an Entry-Level Driver Training Provider Identification Report and attest that the training provider meets all the applicable requirements of this section to obtain a E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules unique TPR number. If a training provider has more than one campus or training location, the training provider must submit an Entry-Level Driver Training Provider Identification Report for each campus or training location in order to obtain a unique TPR number for each location. (7) Create and maintain driver-trainee records of completion and/or withdrawal in accordance with § 380.725. (b) When a provider meets the requirements of §§ 380.703 and 380.707, FMCSA will issue the provider a unique TPR number and add the provider’s name and contact information to the TPR Web site. § 380.707 Entry-level training provider. (a) Training providers must require that all accepted applicants for public road training meet minimum U.S. DOT regulations—as well as other Federal, State, and/or local laws—related to drug screening, controlled substances testing, age, medical certification, licensing, and driving record. (b) Behind-the-wheel (BTW) driving (range and public road), must include the required driving maneuvers in § 380.613, 380.615, 380.619, 380.621, or 380.625, as applicable. (c) Theory and range instruction must include all elements identified in § 380.613, 380.615, 380.619, 380.621, 380.623, or 380.625, as applicable. (d) Providers that train more than three driver-trainees annually must provide training materials to each driver-trainee that address the applicable curriculum identified in § 380.613, 380.615, 380.619, 380.621, 380.623, or 380.625. Providers that train three or fewer driver-trainees are not subject to this requirement. (e) Separate training providers may deliver the theory and BTW portions of the training. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.709 Facilities. (a) The training provider’s classroom and range facilities must comply with all applicable Federal, State, and/or local statutes and regulations. (b) Training providers who teach the range portion of the curriculum must have an instructor present on site to demonstrate applicable skills and correct deficiencies of individual students. (c) The range must be free of obstructions, enable the driver to maneuver safely and free from interference from other vehicles and hazards, and have adequate sight lines. VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 § 380.711 Equipment. (a) All vehicles used in the behindthe-wheel (BTW) range training must be in safe mechanical condition. (b) Vehicles used for BTW road training must comply with applicable Federal and State safety requirements. (c) Training vehicles must be in the same class (A or B) and type (bus or truck) that driver-trainees intend to operate for their CDL skills test. § 380.713 Driver-instructor qualifications/ requirements. (a) Theory training providers must utilize instructors who are either an experienced driver or a theory instructor as defined in § 380.605. (b) BTW training providers must utilize experienced drivers as defined in § 380.605. BTW training instructors, during the two years prior to engaging in BTW instruction, must not have had any CMV-related convictions for the offenses identified in § 383.51(b) through (e). Training providers must utilize only public road BTW instructors whose driving record meets applicable Federal and State requirements. § 380.715 Assessments. Driver-trainees must successfully complete a course of instruction that meets the applicable entry-level driver training curriculum requirements. (a) Training providers must use assessments (in written or electronic format) to demonstrate driver-trainees’ proficiency in the knowledge objectives in the theory portion of each unit of instruction in § 380.613, 380.615, 380.619, 380.621, 380.623, or 380.625. The driver-trainee must receive an overall score of 80% or above on the assessment. (b) Training instructors must assess driver-trainee proficiency on the range in pre-trip inspections, fundamental vehicle control skills, and routine driving procedures for the appropriate vehicle in accordance with the curricula in § 380.613, 380.615, 380.619, 380.621, or 380.625. (c) Training instructors must evaluate a driver-trainee’s proficiency in BTW driving skills on a public road. The instructor must observe specified driving maneuvers required in § 380.613, 380.615, 380.619, 380.621, or 380.625, as applicable. BTW public road assessments must be administered in a vehicle of the class (A or B) and type (bus or truck) that the driver-trainees will operate for the CDL skills test. § 380.717 Training certification. After an individual successfully completes training administered by a provider on the TPR, that provider PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 11983 must, by close of the next business day after the driver-trainee completes the training, upload the training certification including the following: (a) Driver-trainee name, CDL/CLP number, and State of licensure; (b) Vehicle class and/or endorsement training the driver-trainee received; (c) Name of the training provider and its unique TPR identification number; and (d) Date of successful training completion. § 380.719 Requirements for continued listing on the training provider registry. (a) To be eligible for continued listing on the TPR, a provider must: (1) Meet the requirements of this subpart and the applicable requirements of elements of § 380.703 of this chapter. (2) Biennially provide an updated Entry-Level Driver Training Provider Identification Report to FMCSA. (3) Report to FMCSA changes to key information, as identified in paragraph (a)(3)(i) of this section, submitted under § 380.703 within 30 days of the change. (i) Key information is defined as training provider name, address, phone number, type of training offered, training provider status, and any change in State licensure, certification, or accreditation status. (ii) Changes must be reported by submitting an updated Entry-Level Driver Training Provider Identification Report to FMCSA. (4) Be licensed, certified, registered, or authorized to provide training in accordance with the applicable laws and regulations of each State where training is provided. (5) Maintain documentation of State licensure, registration, or certification verifying that the provider is authorized to provide training in that State, if applicable. (6) Allow an audit or investigation of the training provider to be completed by FMCSA or its authorized representative, if requested. (7) Ensure that all required documentation is available upon request to FMCSA or its authorized representative. The provider must submit this documentation within 48 hours of the request. § 380.721 Removal from Training Provider Registry: factors considered. FMCSA may remove a provider from the TPR when a provider fails to meet or maintain the qualifications established by this subpart or the requirements of other State and Federal regulations applicable to the provider. If FMCSA removes a provider from the TPR, all training certificates issued after E:\FR\FM\07MRP2.SGM 07MRP2 11984 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules the removal date will be considered invalid. (a) The factors FMCSA may consider for removing a provider from the TPR include, but are not limited to, the following: (1) The provider fails to comply with the requirements for continued listing on the TPR, as described in § 380.719. (2) The provider denies FMCSA or its authorized representatives the opportunity to conduct an audit or investigation of its training operations. (3) The audit or investigation conducted by FMCSA or its authorized representatives identifies material deficiencies, pertaining to the training provider’s program, operations, or eligibility. (4) The provider falsely claims to be licensed, certified, registered, or authorized to provide training in accordance with the applicable laws and regulations in each State where training is provided. (5) The SDLA CDL exam passage rate of those individuals who complete the provider’s training is abnormally low. FMCSA is not establishing a minimum required passage rate, but will use this information in the context of State norms. (b) In instances of fraud or other criminal behavior by a training provider in which driver-trainees have knowingly participated, FMCSA reserves the right, on a case-by-case basis, to retroactively deem invalid training certificates that were issued by training providers removed from the TPR. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.723 Removal from Training Provider Registry: procedure. (a) Voluntary removal. To be voluntarily removed from the Training Provider Registry (TPR), a provider must submit written notice to FMCSA’s Director, Office of Carrier, Driver, and Vehicle Safety Standards (Director). Upon receiving the written notice, FMCSA will remove the training provider from the TPR. On and after the date of issuance of a notice of proposed removal from the TPR issued in accordance with paragraph (b) of this section, such voluntary removal notice will not be effective. (b) Notice of proposed removal. Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a provider from the TPR by issuing a written notice to the provider, stating the reasons for the proposed removal and setting forth any corrective actions necessary for the provider to remain listed on the TPR. If a notice of proposed removal is issued, the provider must notify current driver- VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 trainees and driver-trainees scheduled for future training of the proposed removal. In addition, no training conducted after issuance of the notice of proposed removal will be considered to comply with this subpart until FMCSA withdraws the notice. (c) Response to notice of proposed removal and corrective action. A training provider that has received a notice of proposed removal and wishes to remain on the TPR must submit a written response to the Director no later than 30 days after the date of issuance of the notice explaining why it believes that decision is not proper, as described in paragraph (c)(1) of this section. Alternatively, the provider will set forth corrective actions taken in response to FMCSA’s notice of proposed removal, as described in paragraph (c)(2) of this section. (1) Opposing a notice of proposed removal. If the provider believes FMCSA has relied on erroneous information in proposing removal from the TPR, the provider must explain the basis for that belief and provide supporting documentation. The Director will review the explanation. (i) If the Director finds that FMCSA has relied on erroneous information to propose removal of a training provider from the TPR, the Director will withdraw the notice of proposed removal and notify the provider of the withdrawal in writing. (ii) If the Director finds FMCSA has not relied on erroneous information in proposing removal, the Director will affirm the notice of proposed removal and notify the provider in writing of the determination. No later than 60 days after the date the Director affirms the notice of proposed removal, the provider must comply with this subpart and correct the deficiencies identified in the notice of proposed removal as described in paragraph (c)(2) of this section. (iii) If the provider does not respond in writing within 30 days of the date of issuance of a notice of proposed removal, the removal becomes effective immediately and the provider will be removed from the TPR. (2) Compliance and corrective action. (i) The provider must comply with this subpart and complete the corrective actions specified in the notice of proposed removal no later than 60 days after either the date of issuance of the notice of proposed removal or the date the Director affirms or modifies the notice of proposed removal, whichever is later. The provider must provide documentation of compliance and completion of the corrective action(s) to the Director. The Director may conduct PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 an investigation and request any documentation necessary to verify that the provider has complied with this subpart and completed the required corrective action(s). The Director will notify the provider in writing whether it has met the requirements for continued listing on the TPR. (ii) If the provider fails to complete the proposed corrective action(s) within the 60-day period, the provider will be removed from the TPR. The Director will notify the provider in writing of the removal. (3) At any time before a notice of proposed removal from the TPR becomes final, the recipient of the notice of proposed removal and the Director may resolve the matter by mutual agreement. (d) Request for administrative review. If a provider has been removed from the TPR under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of this section, the provider may request an administrative review no later than 30 days after the effective date of the removal. The request must be submitted in writing to the FMCSA Associate Administrator for Policy (Associate Administrator). The request must explain the alleged error(s) committed in removing the provider from the TPR, and include all factual, legal, and procedural issues in dispute, as well as any supporting documentation. (1) Additional procedures for administrative review. The Associate Administrator may ask the provider to submit additional information or attend a conference to discuss the removal. If the provider does not provide the information requested, or does not attend the scheduled conference, the Associate Administrator may dismiss the request for administrative review. (2) Decision on administrative review. The Associate Administrator will complete the administrative review and notify the provider in writing of the decision. The decision constitutes final Agency action. If the Associate Administrator deems the removal to be invalid, FMCSA will reinstate the provider’s listing on the TPR. (e) Emergency removal. In cases of fraud, criminal behavior, or willful disregard of the regulations in this subpart or in which public health, interest, or safety requires, the provisions of paragraph (b) of this section are not applicable. In these cases, the Director may immediately remove a provider from the TPR. In instances of fraud or other criminal behavior by a training provider in which driver-trainees have knowingly participated, FMCSA reserves the right to retroactively deem invalid training E:\FR\FM\07MRP2.SGM 07MRP2 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules certificates issued under § 380.717. A provider who has been removed under the provisions of this paragraph may request an administrative review of that decision as described under paragraph (d) of this section. (f) Reinstatement to the Training Provider Registry. (i) Any time after a training provider’s voluntary removal from the TPR, the provider may apply to the Director to be reinstated. (ii) No sooner than 30 days after the date of a provider’s involuntary removal from the TPR, the provider may apply to the Director to be reinstated. In the case of an involuntarily removal, the provider must submit documentation showing completion of any corrective action(s) identified in the notice of proposed removal or final notice of removal, as applicable. mstockstill on DSK4VPTVN1PROD with PROPOSALS2 § 380.725 Documentation and record retention. 20:32 Mar 04, 2016 Jkt 238001 PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 5. The authority citation for part 383 is revised to read as follows: ■ Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112–141, 126 stat. 405, 830; and 49 CFR 1.87. 6. Amend § 383.51 by adding paragraph (a)(8) to read as follows: ■ § 383.51 (a) Applicability. The documentation and retention of records required by this subpart apply to entities that meet the requirements of subpart F of this part and are eligible for listing on the Training Provider Registry (TPR). (b) All training providers on the TPR must retain the following: (1) The training provider’s policy setting forth eligibility requirements for driver-trainee applicants related to controlled substances testing, medical certification, licensing, and driving records. (2) Instructor qualification documentation indicating driving and/ or training experience, as applicable, for each instructor and copies of commercial driver’s licenses and applicable endorsements held by behind-the-wheel (BTW) instructors. (3) The amount of time generally allocated to theory and BTW (range and public road) training, as applicable. (4) The instructor-driver-trainee ratio during each portion of the curriculum; the number of vehicles, and a description of range and lesson plans for theory and BTW (range and public road) training, as applicable. (5) Names of all driver-trainees who completed or withdrew from instruction in the required curriculum and who passed or failed the training provider’s assessment of theory and, if applicable, BTW (range and public road) training. (c) Retention of records. Training providers listed on the TPR must retain the records identified in paragraph (b) of this section for a minimum of three years from the date each required record is generated or received, unless a record, such as a CDL, has expired or been canceled, in which case the most recent, valid CDL should be retained. The VerDate Sep<11>2014 provisions of this part do not affect a training provider’s obligation to comply with any other local, State, or Federal requirements prescribing longer retention periods for any category of records described herein. Disqualification of drivers. (a) * * * (8) A holder of a CDL who is disqualified as a result of a conviction of offenses under § 383.51(b), (c), (d), or (e) must not be fully reinstated to drive a CMV until he or she has successfully completed the refresher training curriculum in § 380.625 of this chapter. Limited privileges to drive a CMV are to be reinstated solely in order to allow the driver to complete the refresher training curriculum. * * * * * ■ 7. Amend § 383.71 by adding paragraphs (a)(3) and (4) and (b)(11); revising paragraphs (e)(3) and (4); and adding paragraph (e)(5) to read as follows: § 383.71 Driver application procedures (a) * * * (3) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE], a person must successfully complete the training prescribed in subpart F of part 380 of this chapter before taking the skills test for a Class A or B CDL or a passenger or school bus endorsement or the knowledge test for a hazardous materials endorsement. The training must be administered by a provider listed on the Training Provider Registry. (4) Except for driver trainees seeking the H endorsement, driver-trainees who have successfully completed the theory portion of the training must complete the skills portion within 360 days. (b) * * * (11) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE], a person must successfully complete the training prescribed in subpart F of part 380 of this chapter before taking the skills test for an initial Class A or B CDL, a CDL PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 11985 with a passenger or school bus endorsement, or knowledge test for a hazardous materials endorsement. The training must be administered by a provider listed on the Training Provider Registry. * * * * * (e) * * * (3) Comply with the requirements specified in paragraph (b)(8) of this section to obtain a hazardous materials endorsement; (4) Surrender the previous CDL; and (5) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE], a person must successfully complete the training prescribed in subpart F of part 380 of this chapter before taking the skills test for upgrading a CDL from one class to another; or upgrading a CDL with a passenger or school bus endorsement; or knowledge test for hazardous materials endorsement issued on a CDL. The training must be administered by a provider on the Training Provider Registry. * * * * * ■ 8. Amend § 383.73 by revising paragraph (b)(3) introductory text and paragraph (b)(3)(ii), and by adding paragraphs (b)(10) and (e)(8) to read as follows: § 383.73 State procedures. * * * * * (b) * * * (3) Initiate and complete a check of the applicant’s driving record to ensure that the person is not subject to any disqualification under § 383.51, or any license disqualification under State law, does not have a driver’s license from more than one State or jurisdiction, and has completed the required training prescribed in subpart F of part 380 of this subchapter. The record check must include, but is not limited to, the following: * * * * * (ii) A check with CDLIS to determine whether the driver applicant has already been issued a CDL, whether the applicant’s license has been revoked or canceled, whether the applicant has been disqualified from operating a CMV, and, if the CDL was issued on or after [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE], whether an applicant for a Class A and B CDL or a CDL with a hazardous materials, passenger, or school bus endorsement has completed the training required by subpart F of part 380 of this subchapter from a provider listed on the Training Provider Registry; * * * * * E:\FR\FM\07MRP2.SGM 07MRP2 11986 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules (10) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE], the State must not conduct a skills test of an applicant for a Class A or B CDL, or a passenger or school bus endorsement until the State verifies that the applicant successfully completed the training prescribed in subpart F of part 380 of this subchapter from a training provider listed on the Training Provider Registry. * * * * * (e) * * * (8) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE], require a person with a CDL upgrading from one class of CDL to another or upgrading a CDL with a hazardous materials, passenger, or school bus endorsement to successfully complete the training required in subpart F of part 380 of this subchapter from a provider listed on the Training Provider Registry. * * * * * ■ 9. Amend § 383.95 by adding paragraph (h) to read as follows: § 383.95 Restrictions. * * * * (h) Refresher training. If a CDL holder has been disqualified from operating a CMV under § 383.51(b) through (e), the State would reinstate the CDL solely for the limited purpose of completing the refresher training curriculum in § 380.625 of this chapter. The State may not restore full CMV driving privileges until the State receives notification that the driver successfully completed the refresher training curriculum. ■ 10. Amend § 383.153 by revising paragraph (a)(10) to read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS2 * VerDate Sep<11>2014 20:32 Mar 04, 2016 Jkt 238001 § 383.153 Information on the CLP and CDL documents and applications. (a) * * * (10) The restriction(s) placed on the driver from operating certain equipment or vehicles, if any, indicated as follows: (i) L for No Air brake equipped CMV; (ii) Z for No Full air brake equipped CMV; (iii) E for No Manual transmission equipped CMV; (iv) O for No Tractor-trailer CMV; (v) M for No Class A passenger vehicle; (vi) N for No Class A and B passenger vehicle; (vii) K for Intrastate only; (viii) V for Medical variance; (ix) R for Refresher training only; and (x) At the discretion of the State, additional codes for additional restrictions, as long as each such restriction code is fully explained on the front or back of the CDL document. * * * * * PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM 11. The authority citation for part 384 is revised to read as follows: ■ Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106– 59, 113 Stat. 1753, 1767; sec. 32934 of Pub. L. 112–141, 126 stat. 405, 830 and 49 CFR 1.87. ■ 12. Add § 384.230 to read as follows: § 384.230 Entry-level driver certification. (a) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] a State must follow the procedures prescribed in § 383.73 of this subchapter for verifying that a person PO 00000 Frm 00044 Fmt 4701 Sfmt 9990 received training from a provider listed on the Training Provider Registry before issuing an initial Class A or B CDL; a CDL with a hazardous materials, passenger, or school bus endorsement; upgrade a CDL from one class to another; or upgrade a CDL with a hazardous materials, passenger, or school bus endorsement. (b)(1) A State may issue a CDL to individuals who obtain an initial CLP before [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] who have not complied with subpart F of part 380 of this subchapter so long as they obtain a CDL within 360 days after obtaining an initial CLP. (2) A State may not issue a CDL to individuals who obtain a CLP on or after [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] unless they comply with subpart F of part 380 of this subchapter. ■ 13. Add § 384.301(j) to read as follows: § 384.301 Substantial compliance— general requirements. * * * * * (j) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of [EFFECTIVE DATE OF THE FINAL RULE], but not later than [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE]. Issued under the authority of delegation in 49 CFR 1.87. Dated: February 19, 2016. T.F. Scott Darling III, Acting Administrator. [FR Doc. 2016–03869 Filed 3–4–16; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\07MRP2.SGM 07MRP2

Agencies

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Proposed Rules]
[Pages 11943-11986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03869]

[[Page 11943]]

Vol. 81

Monday,

No. 44

March 7, 2016

Part III

Department of Transportation

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

Federal Motor Carrier Safety Administration

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

49 CFR Parts 380, 383, and 384

Minimum Training Requirements for Entry-Level Commercial Motor Vehicle
Operators; Proposed Rule

Federal Register / Vol. 81 , No. 44 / Monday, March 7, 2016 /
Proposed Rules

[[Page 11944]]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[FMCSA-2007-27748]
RIN 2126-AB66

Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators

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

ACTION: Notice of proposed rulemaking (NPRM), request for public
comments.

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

SUMMARY: FMCSA proposes new training standards for certain individuals
applying for their initial commercial driver's license (CDL); an
upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A
CDL); or a hazardous materials, passenger, or school bus endorsement
for their license; and a ``refresher'' training curriculum. These
individuals would be subject to the proposed entry-level driver
training requirements and must complete a course of instruction
provided by an entity that: Meets the minimum qualifications for
training providers; covers the curriculum; is listed on FMCSA's
proposed Training Provider Registry; and submits electronically to
FMCSA the training certificate for each individual who completes the
training.
This NPRM responds to a Congressional mandate imposed under the
Moving Ahead for Progress in the 21st Century Act. The proposed rule is
based on consensus recommendations from the Agency's Entry-Level Driver
Training Advisory Committee (ELDTAC), a negotiated rulemaking committee
which held a series of meetings between February and May 2015. The
compliance date of this proposed rule would be three years after the
effective date of the final rule.

DATES: You must submit comments on or before April 6, 2016.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2007-27748 using any one of the following methods:
Federal eRulemaking Portal: www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Services (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.
See the ``Public Participation and Request for Comments'' heading under
the SUPPLEMENTARY INFORMATION section below for instructions regarding
submitting comments. Comments received after the comment closing date
will be included in the docket, and we will consider late comments to
the extent practicable. FMCSA may, however, issue a final rule at any
time after the close of the comment period.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact Mr. Richard Clemente, Driver and Carrier
Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001, by telephone at 202-366-4325, or by email at
MCPSD@dot.gov. If you have questions about viewing or submitting
material to the docket, contact Docket Services, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking (NPRM) is
organized as follows:

I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Executive Summary
III. Abbreviations and Acronyms
IV. Legal Basis for the Rulemaking
V. Regulatory and Legal History
VI. General Discussion of the Proposal
VII. Section-by-Section Explanation of the Proposed Changes
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory
Policies and Procedures as Supplemented by E.O. 13563)
B. Regulatory Flexibility Act (Small Entities)
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act (Collection of Information)
F. E.O. 13132 (Federalism)
G. E.O. 12988 (Civil Justice Reform)
H. E.O. 13045 (Protection of Children)
I. E.O. 12630 (Taking of Private Property)
J. Privacy
K. E.O. 12372 (Intergovernmental Review)
L. E.O. 13175 (Indian Tribal Governments)
M. E.O. 13211 (Energy Supply, Distribution, or Use)
N. National Technology Transfer and Advancement Act (Technical
Standards)
O. Environment (NEPA, CAA, E.O. 12898 Environmental Justice)

I. Public Participation and Request for Comments

FMCSA encourages you to participate in this rulemaking by
submitting comments and related materials.

A. Submitting Comments

If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2007-27748), indicate the heading of 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, by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so the Agency can contact you if it has
questions regarding your submission. However, see the Privacy Act
section below.
To submit your comment online, go to www.regulations.gov, type the
docket number, ``FMCSA-2007-27748'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party, and click ''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.

Confidential Business Information

Confidential Business Information (CBI) is commercial or financial
information that is customarily not made available to the general
public by the submitter. Under the Freedom of Information Act, CBI is
eligible for protection from public disclosure. If you have CBI that is
relevant or responsive to this NPRM, it is important that you clearly
designate the submitted comments as CBI. Accordingly, please mark each
page of your submission as ``confidential'' or ``CBI.'' Submissions
designated as CBI and meeting the definition noted above will not be
placed in the public docket of this NPRM. Submissions containing CBI
should be sent to Brian Dahlin, Chief, Regulatory Analysis Division,
1200 New Jersey Avenue SE., Washington, DC 20590. Any commentary that
FMCSA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.
FMCSA will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

[[Page 11945]]

B. Viewing Comments and Documents

To view comments and any document mentioned in this preamble, go to
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 listed to review. If you
do not have access to the Internet, you may view the docket online by
visiting the Docket Services 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. ET, Monday through Friday, except Federal
holidays.

C. 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.

II. Executive Summary

Purpose and Summary of Major Provisions

A. Purpose of the Entry-Level Driver Training Proposed Rule

The Agency believes this rulemaking would enhance the safety of
commercial motor vehicle (CMV) operations on our Nation's highways by
establishing a more extensive entry-level driver training (ELDT)
protocol and by increasing the number of drivers who receive ELDT. It
would revise the standards for mandatory training requirements for
entry-level operators of CMVs in interstate and intrastate operations
who are required to possess a commercial driver's license (CDL). FMCSA
proposes new training standards for certain individuals applying for an
initial CDL, an upgrade of their CDL\1\ (e.g., a Class B CDL holder
seeking a Class A CDL), or a hazardous materials, passenger, or school
bus endorsement for their license. Specifically, these individuals
would be subject to the proposed ELDT requirements and must complete a
course of instruction provided by an entity that (1) meets the minimum
qualifications for training providers, (2) covers the curriculum, (3)
is listed on FMCSA's proposed Training Provider Registry (TPR), and (4)
submits electronically to FMCSA the training certificate for each
individual who completes the training.
---------------------------------------------------------------------------

\1\ Class A covers all large, articulated vehicles, usually
tractor/trailers Class B vehicles include both large straight trucks
and buses.
---------------------------------------------------------------------------

FMCSA's legal authority to propose this rulemaking is derived from
the Motor Carrier Act of 1935, the Motor Carrier Safety Act of 1984,
the Commercial Motor Vehicle Safety Act of 1986, and the Moving Ahead
for Progress in the 21st Century Act.

B. Summary of Major Provisions

The proposed rule would primarily revise 49 CFR part 380, Special
Training Requirements. It would require an individual who must complete
the CDL skills test requirements, defined as an ``Entry-Level Driver'',
to receive mandatory training. The proposed rule applies to persons who
drive, or intend to drive, CMVs in either interstate or intrastate
commerce. Military drivers, farmers, and firefighters are generally
excepted from the CDL requirements in part 383, and they are excepted
from this proposed rule.
The NPRM proposes a Class A and Class B CDL core curriculum;
training curricula related to hazardous materials (H); passenger (P);
and school bus (S) endorsements; and a ``refresher'' training
curriculum. The core, endorsement, and refresher curricula generally
are subdivided into theory and behind-the-wheel (BTW) (range and public
road) segments. There is no proposed minimum number of hours that
driver-trainees must spend on the theory portions of any of the
individual curricula. The NPRM proposes that Class A CDL driver-
trainees must receive a minimum of 30 hours of BTW training, with a
minimum of 10 hours on a driving range. Driving on a public road would
also be required, and Class A CDL driver-trainees may fulfill this
requirement by either (1) driving 10 hours on a public road, or (2) 10
public road trips (each no less than 50 minutes in duration). Class B
CDL driver-trainees must receive a minimum of 15 hours of BTW training,
with a minimum of 7 hours of public road driving. And irrespective of
the number of hours of BTW training, the training provider must not
issue the training certificate unless the student demonstrates
proficiency in operating the CMV. The NPRM also proposes that a CDL
holder who has been disqualified from operating a CMV must successfully
complete refresher training. Training providers must provide
instruction on all elements of the applicable curriculum.
The NPRM would apply to entities that train, or expect to train,
entry-level drivers, also referred to as herein as driver-trainees.
Training providers, must, at a minimum, offer and teach a training
curriculum that meets all FMCSA standards for entry-level drivers and
must also meet requirements related to: Course administration,
qualifications for instructional personnel, assessments, issuance of
training certificates, and training vehicles (i.e., equipment).
Training providers that meet these requirements would be eligible for
listing on FMCSA's TPR and must continue to meet the eligibility
requirements in order to stay listed on the TPR. Training providers
must also attest that they meet the specified requirements, and in the
event of an FMCSA audit or investigation of the provider, must supply
documentary evidence to verify their compliance. The NPRM also proposes
conforming changes to parts 383 and 384.
The proposed compliance date for this rule is 3 years after the
effective date of the final rule, which would provide the States with
sufficient time to pass necessary implementing legislation, to modify
their information systems to begin recording the training provider's
certificate information on the Commercial Driver's License Information
System (CDLIS) driver record, and to begin making that information
available from the CDLIS driver record. This proposed phase-in period
would also allow time for the driver training industry to develop and
begin offering training programs that meet the eligibility requirements
for listing on the TPR.

Benefits and Costs

Entry-level drivers, motor carriers, training providers, State
driver licensing agencies (SDLAs), and the Federal Government would
incur costs for compliance and implementation. The costs of the
proposed rule include tuition expenses, the opportunity cost of time
while in training, compliance audit costs, and costs associated with
the implementation of the TPR. As shown in table 1, FMCSA estimates
that the 10-year cost of the proposed rule would total $5.55 billion on
an undiscounted basis, $4.86 billion discounted at 3%, and $4.15
billion discounted at 7% (all in 2014 dollars). Values in table 1 are
rounded to the nearest million.

[[Page 11946]]

Table 1--Total Cost of the Proposed Rule
[In millions of 2014$]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Undiscounted Discounted
-------------------------------------------------------------------------------------------------------------------------------
Year Entry-level Motor Training Federal Discounted at Discounted at
drivers carriers providers SDLAs Government Total 3% 7%
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2020............................................................ $490 $27 $10 $26 $6 $559 $559 $559
2021............................................................ 495 27 7 0 1 530 515 495
2022............................................................ 501 28 8 0 1 538 507 470
2023............................................................ 506 28 7 0 1 542 496 442
2024............................................................ 511 28 8 0 1 548 487 418
2025............................................................ 517 29 7 0 1 554 478 395
2026............................................................ 522 29 8 0 1 560 469 373
2027............................................................ 538 29 7 0 1 565 459 352
2028............................................................ 533 30 8 0 1 572 452 333
2029............................................................ 539 30 7 0 1 577 442 314
-------------------------------------------------------------------------------------------------------------------------------
Total....................................................... 5,142 285 77 26 15 5,545 4,864 4,151
-------------------------------------------------------------------------------------------------------------------------------
Annualized...................................................... .............. .............. .............. .............. .............. 555 554 552
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

The costs presented in table 1 include the costs associated with
the S endorsement training requirement of the proposed rule, however
the costs of the proposed rule specifically attributable to the
proposed S endorsement training requirement were also evaluated
separately. Details are presented in the Regulatory Impact Analysis
(RIA), which is available in the docket. This separate analysis of the
costs of the proposed rule specifically attributable to the proposed S
endorsement training requirement was done because Section 32304 of MAP-
21 statutorily mandates training for new entry-level drivers who wish
to obtain a CDL, or a P endorsement, or an H endorsement, but is silent
with respect to the S endorsement. The analysis shows that inclusion of
the proposed S endorsement training requirement increases the total
cost of the rule by only approximately 0.36%. On an annualized basis at
a 7% discount rate, this equates to an increase in the total cost of
the rule from $550 million to the $552 million that is shown in Table
1.
This proposed rule would result in benefits to CMV operators, the
trucking industry, the traveling public, and to the environment. FMCSA
estimated benefits in two broad categories: Non-safety benefits and
safety benefits. Training would lead to more efficient driving
techniques, resulting in a reduction in fuel consumption and
consequently lowering environmental impacts associated with carbon
dioxide emissions. Training that promotes safer, more efficient driving
has been shown to reduce maintenance and repair costs. Training related
to the performance of complex tasks may improve performance; in the
context of the training required by this proposed rule, improvement in
task performance may reduce the frequency and severity of crashes
thereby resulting in safer roadways for all. Table 2 presents the
directly quantifiable benefits that FMCSA projects would result from
the proposed rule (all in 2014 dollars, values rounded to the nearest
million).

Table 2--Total Quantifiable Benefits of the Proposed Rule
[In millions of 2014$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Undiscounted Discounted
-----------------------------------------------------------------------------------------------
Year Maintenance
Value of fuel Value of CO2 and repair Total b Discounted at Discounted at
savings reduction a cost savings 3% 7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020.................................................... $75 $13 $44 $132 $132 $132
2021.................................................... 127 22 75 223 217 209
2022.................................................... 157 26 91 274 258 241
2023.................................................... 160 27 92 279 256 231
2024.................................................... 163 27 94 284 253 220
2025.................................................... 166 28 95 289 249 210
2026.................................................... 170 28 96 294 246 201
2027.................................................... 172 29 97 298 242 191
2028.................................................... 175 29 98 302 238 182
2029.................................................... 178 29 99 305 234 173
-----------------------------------------------------------------------------------------------
Total............................................... 1,543 258 880 2,680 2,325 1,989
-----------------------------------------------------------------------------------------------
Annualized...................................... .............. .............. .............. 268 265 265
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
a The monetized benefits associated with reduced CO2 emissions are discounted at the 3% discount rate in both the ``discounted at 3%'' and ``discounted
at 7%'' columns. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guidance on monetizing CO2 reductions,
and is consistent with past USDOT and EPA practices. Further details on the monetization of CO2 reductions are presented in Section 4.1.2 of the RIA.
b Total benefit values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of unrounded
components).

[[Page 11947]]

The directly quantifiable benefits of the proposed rule that are
presented in Table 2 assume a future baseline in which a joint FMCSA/
NHTSA Heavy Vehicle Speed Limiters rule would be in effect. This
approach was intended to be a conservative assumption, in that it
reduces the potential amount of baseline industry fuel consumption from
which the possible benefits of reductions in fuel consumption and
CO2 emissions from the proposed ELDT rule may be realized.
Because of the uncertainty of when the FMCSA/NHTSA Heavy Vehicle Speed
Limiters proposed rule will be published for public comment or how
those comments may influence a final rule, an alternative baseline for
the proposed ELDT rule in which there would be no Speed Limiters rule,
and thus no effect from speed limiters upon baseline industry fuel
consumption, was also analyzed. The details regarding this approach and
the estimated reductions in fuel consumption and CO2
emissions of the proposed ELDT rule are presented in the RIA which is
available in the docket. This alternative baseline results in slightly
higher total quantifiable benefits for the proposed ELDT rule, because
any assumed reduction in baseline industry fuel consumption resulting
from a Speed Limiters rule would not be present. Table 3 presents a
comparison of the total estimated quantifiable benefits of the proposed
ELDT rule both with and without a Speed Limiters rule in the baseline.
Under such an alternative baseline reflecting no impact from a
potential Speed Limiters rule, the total quantifiable benefits from the
proposed ELDT rule, on an annualized basis at a 7% discount rate, would
increase by $9 million to $274 million from the $265 million that would
be realized under a baseline scenario that does incorporate the effects
of a Speed Limiters rule. This represents an increase of 3.4% in total
quantifiable benefits. Because this 3.4% increase in the total
quantifiable benefits is relatively modest, and because the baseline
scenario that does incorporate the effects of a Speed Limiters rule is
the more conservative assumption as it results in somewhat lower
benefits and somewhat higher net costs of the proposed ELDT rule, the
quantifiable benefits, net costs, and threshold analysis of the
proposed ELDT rule that are presented here represent those that
incorporate the effects of a Speed Limiters rule in the baseline.

Table 3--Comparison of Total Quantifiable Benefits With and Without Baseline Adjustment for Speed Limiters Rule
[In millions of 2014$]
----------------------------------------------------------------------------------------------------------------
With speed limiters Without speed limiters
adjustment adjustment
Year ---------------------------------------------------------------
3% Discount 7% Discount 3% Discount 7% Discount
rate rate rate rate
----------------------------------------------------------------------------------------------------------------
2020............................................ $132 $132 $137 $137
2021............................................ 217 209 224 217
2022............................................ 258 241 267 249
2023............................................ 256 231 265 239
2024............................................ 253 220 262 228
2025............................................ 249 210 258 218
2026............................................ 246 201 255 208
2027............................................ 242 191 251 198
2028............................................ 238 182 247 189
2029............................................ 234 173 243 179
---------------------------------------------------------------
Total....................................... 2,325 1,989 2,409 2,062
---------------------------------------------------------------
Annualized.............................. 265 265 274 274
----------------------------------------------------------------------------------------------------------------

While FMCSA believes that the proposed rule would at minimum
achieve cost-neutrality, the net of quantified costs and benefits
(presented in table 4 below) results in an annualized net cost of $287
million at a 7% discount rate. This estimate is based only on
quantifiable costs and benefits attributable to this proposed rule; it
makes no claims regarding safety benefits which are discussed below.

Table 4--Net Cost of the Proposed Rule, Absent Quantifiable Safety
Benefits
[In millions of 2014$]
------------------------------------------------------------------------
3% Discount 7% Discount
Year rate rate
------------------------------------------------------------------------
2020.................................... $427 $427
2021.................................... 298 286
2022.................................... 249 229
2023.................................... 240 211
2024.................................... 234 198
2025.................................... 229 185
2026.................................... 223 172
2027.................................... 217 161
2028.................................... 214 151
2029.................................... 208 141
-------------------------------

[[Page 11948]]

Total............................... 2,539 2,161
-------------------------------
Annualized...................... 289 287
------------------------------------------------------------------------

The lack of data directly linking training to improvements in
safety outcomes, such as reduced crash frequency or severity, posed a
challenge to the Agency throughout the development of the RIA.
Discussion regarding the efforts undertaken by FMCSA and its partners
in the negotiated rulemaking process to establish such a quantitative
link is presented in the RIA. Although no empirical evidence linking
safety to training was identified in this process, there remains a
strongly held belief among stakeholders--including all who participated
in the negotiated rulemaking--and the Agency that safety-oriented
training does improve safety outcomes. The long-standing industry
practice of providing such training to drivers--often at carriers'
expense--supports the notion that such training is not without merit.
In the absence of a clear empirical link between training and safety,
FMCSA followed the guidance of the Office of Management and Budget
(OMB) in its Circular A-4 to perform a threshold analysis to determine
the degree of safety benefits that would need to occur as a consequence
of this proposed rule in order for the rule to achieve cost-
neutrality.\2\ As documented in detail in the RIA, an 8.15% improvement
in safety performance (that is, an 8.15% reduction in the frequency of
crashes involving those new entry-level drivers who would receive
additional pre-CDL training as a result of this proposed rule during
the period for which the benefit of training remains intact) is
necessary to offset the $287 million (annualized at 7%) net cost of the
rule.
---------------------------------------------------------------------------

\2\ Office of Management and Budget. Circular A-4. Regulatory
Analysis. September 17, 2003. Available at: https://www.whitehouse.gov/omb/circulars_a004_a-4/ (accessed July 23, 2015).
---------------------------------------------------------------------------

Table 5 below presents the projected number of crash reductions
involving new entry-level drivers that must occur in each of the 10
years and in aggregate, in order to offset the net cost ($287 million
annualized at 7%). To be clear, it is the sum of the monetized value of
all columns of table 5--not the sum of the monetized value of any
individual column--that results in cost-neutrality.

Table 5--Crash Reductions Involving New Entry-Level Drivers, by Type, Necessary To Achieve Cost-Neutrality
----------------------------------------------------------------------------------------------------------------
Number of
Number of Number of property
Year fatal crashes injury damage only
crashes (PDO) crashes
----------------------------------------------------------------------------------------------------------------
2020............................................................ 6 127 421
2021............................................................ 10 211 702
2022............................................................ 12 253 842
2023............................................................ 12 253 842
2024............................................................ 12 253 842
2025............................................................ 12 253 842
2026............................................................ 12 253 842
2027............................................................ 12 253 842
2028............................................................ 12 253 842
2029............................................................ 12 253 842
-----------------------------------------------
Average (rounded to nearest whole number)................... 11 236 786
-----------------------------------------------
Total................................................... 115 2,364 7,857
----------------------------------------------------------------------------------------------------------------

III. Abbreviations and Acronyms

------------------------------------------------------------------------
Full name Abbreviation or acronym
------------------------------------------------------------------------
American Association of Motor Vehicle AAMVA.
Administrators.
Americans with Disabilities Act............. ADA.
Anti-lock Braking Systems................... ABS.
Assessing the Adequacy of Commercial Motor Adequacy Report.
Vehicle Driver Training.
Advocates for Highway and Auto Safety....... Advocates.
Advance Notice of Proposed Rulemaking....... ANPRM.
American Trucking Associations.............. ATA.
American Transportation Research Institute.. ATRI.
Behind the wheel............................ BTW.
Clean Air Act............................... CAA.

[[Page 11949]]

Categorical Exclusion....................... CE.
Commercial Driver's License................. CDL.
Commercial Driver's License Information CDLIS.
System.
Code of Federal Regulations................. CFR.
Commercial Learner's Permit................. CLP.
Commercial Motor Vehicle.................... CMV.
Commercial Motor Vehicle Safety Act of 1986. CMVSA.
Compliance, Safety and Accountability....... CSA.
Commercial Vehicle Safety Alliance.......... CVSA.
Commercial Vehicle Training Association..... CVTA.
U.S. Court of Appeals for the District of DC Circuit.
Columbia Circuit.
Director, Office of Carrier, Driver, and Director.
Vehicle Safety Standards.
U.S. Department of Transportation........... DOT.
U.S. Department of Education................ ED.
Entry-Level Driver Training................. ELDT.
Entry-Level Driver Training Advisory ELDTAC.
Committee.
Executive Order............................. EO.
Federal Highway Administration.............. FHWA.
Federal Motor Carrier Safety Administration. FMCSA.
Federal Motor Carrier Safety Regulations.... FMCSRs.
Gross Vehicle Weight Rating................. GVWR.
Hazardous Materials Endorsement............. H.
Hazardous Materials......................... HM.
Hazardous Materials Safety Permit........... HMSP.
Hours of Service............................ HOS.
Longer Combination Vehicle.................. LCV.
Moving Ahead for Progress in the 21st MAP-21.
Century Act.
Motor Carrier Safety Act of 1984............ MCSA.
Motor Carrier Safety Advisory Committee..... MCSAC.
North American Fatigue Management Program... NAFMP.
National Association of Publicly Funded NAPFTDS.
Truck Driving Schools.
National Association of Small Trucking NASTC.
Companies.
National Environmental Policy Act........... NEPA.
National Governors' Association............. NGA.
National Highway Traffic Safety NHTSA.
Administration.
Notice of Proposed Rulemaking............... NPRM.
National Transportation Safety Board........ NTSB.
Owner-Operator Independent Drivers OOIDA.
Association, Inc..
Office of Management and Budget............. OMB.
Out-of-service.............................. OOS.
Pipeline and Hazardous Materials Safety PHMSA.
Administration.
Privacy Impact Assessment................... PIA.
Paperwork Reduction Act..................... PRA.
Professional Truck Driver Institute......... PTDI.
State Driver Licensing Agency............... SDLA.
Truckload Carriers Association.............. TCA.
Training Provider Registry.................. TPR.
Transportation Research Board............... TRB.
United States Code.......................... U.S.C.
------------------------------------------------------------------------

IV. Legal Basis for the Rulemaking

This NPRM is based on the authority of the Motor Carrier Act of
1935, the Motor Carrier Safety Act of 1984, and the Commercial Motor
Vehicle Safety Act of 1986 (CMVSA), as described below. It also
implements section 32304 of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) requiring the establishment of minimum driver
training standards for certain individuals required to hold a CDL. In
addition, the proposed rule responds to the March 10, 2015, order of
the U.S. Court of Appeals for the District of Columbia Circuit (DC
Circuit), referenced further below. This NPRM reflects the
recommendations of FMCSA's Entry Level Driver Training Advisory
Committee (ELDTAC), comprised of 25 industry stakeholders and FMCSA,
convened earlier this year through a negotiated rulemaking, as
discussed below.
The Motor Carrier Act of 1935, codified at 49 U.S.C. 31052 (b),
provides that ``The Secretary of Transportation may prescribe
requirements for--(1) qualifications and maximum hours of service of
employees of, and safety of operation and equipment of, a motor
carrier; and (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation.'' This NPRM would improve
the ``safety of operation'' of entry-level ``employees'' who operate
CMVs, as defined in 49 CFR 383.5, by enhancing the training they
receive before obtaining or upgrading a CDL.
The Motor Carrier Safety Act of 1984 (MCSA), codified at 49 U.S.C.
31136(a), provides concurrent authority to regulate drivers, motor
carriers, and vehicle equipment. It requires the Secretary of
Transportation to prescribe regulations for CMV safety to ensure that
(1) CMVs are maintained, equipped, loaded, and operated safely; (2)
responsibilities imposed on CMV drivers do not impair their ability to
operate the vehicles safely; (3) drivers' physical condition is
adequate to operate the vehicles safe; (4) the

[[Page 11950]]

operation of CMVs does not have a deleterious effect on the drivers'
physical condition; and (5) CMV drivers are not coerced by a motor
carrier, shipper, receiver, or transportation intermediary to operate a
CMV in violation of regulations promulgated under this section, or
chapter 51 or chapter 313 of this title (49 U.S.C. 31136(a)).
This NPRM is based specifically on 49 U.S.C. 31136(a)(1), requiring
regulations to ensure that CMVs are ``operated safely,'' and
secondarily on section 31136(a)(2), requiring that regulations ensure
that ``the responsibilities imposed on operators of commercial motor
vehicles do not impair their ability to operate the vehicles safely.''
The proposed rule enhances the training of entry-level drivers to
further ensure that they operate CMVs safely and meet the operational
responsibilities imposed on them.
This rulemaking does not directly address medical standards for
drivers (section 31136(a)(3)) or possible physical effects caused by
driving CMVs (section 31136(a)(4)). However, to the extent that the
various curricula proposed today address health and wellness issues
that facilitate the safe operation of CMVs (section 31136(a)(3)), has
been considered and addressed. Also, to the extent that curriculum
addresses idling and related health effects (section 31136(a)(4)), has
been considered and addressed. FMCSA does not anticipate that drivers
will be coerced (section 31136(a)(5)) as a result of this rulemaking.
However, we note that the training curricula proposed for Class A and B
CDLs and for refresher training includes a unit addressing the right of
an employee to question the safety practices of an employer without
incurring the risk of losing a job or being subject to reprisal simply
for stating a safety concern. Driver-trainees will also be instructed
in procedures for reporting to FMCSA incidents of coercion from motor
carriers, shippers, receivers, or transportation intermediaries.
CMVSA provides, among other things, that the Secretary of
Transportation shall prescribe regulations on minimum standards for
testing and ensuring the fitness of an individual operating a
commercial motor vehicle (49 U.S.C. 31305(a)). The requirement of
today's proposed rule that States test only those entry-level CDL
applicants who have completed the training proposed by this NPRM falls
within the ``minimum standards for testing'' authorized by the CMVSA.
The training requirement itself, as described below, was created by
section 32304 of MAP-21.
MAP-21 requires DOT to regulate ELDT. Public Law 112-141, section
32304, 126 Stat. 405, 791 (July 6, 2012). MAP-21 modified 49 U.S.C.
31305 by adding paragraph (c), which requires FMCSA to issue ELDT
regulations. The regulations must address the knowledge and skills
necessary for safe operation of a CMV that must be acquired before
obtaining an initial CDL or upgrading from one class of CDL to another.
MAP-21 also requires that training apply to CMV operators seeking
passenger or hazardous materials endorsements (49 U.S.C. 31305(c)(1)
and (2)). Although the statute specifically requires that the
regulations include both classroom and behind-the-wheel instruction,
MAP-21 otherwise allows FMCSA broad discretion to define the training
methodology, standards, and curriculum necessary to satisfy the ELDT
mandate.
MAP-21 clearly establishes the scope of operations to be covered by
this rulemaking by requiring that ELDT regulations apply to prospective
CDL holders operating in both interstate and intrastate commerce. The
ELDT requirements are codified in section 31305, and the definition of
a CMV in section 31301(4) therefore applies to ELDT. The definition of
``commerce'' in section 31301(2) covers both interstate commerce
(paragraph A) and intrastate commerce (paragraph B). ELDT, as a CDL-
related mandate, therefore applies to interstate and intrastate
commerce.
The ELDTAC recommended the inclusion of a school bus (S)
endorsement in the NPRM, although MAP-21 did not specifically mandate
training for this endorsement. The current FMCSRs require that, in
order for a driver to obtain the S endorsement, he or she must first
obtain either a Class A or Class B CDL, as well as pass the knowledge
and skills test for a passenger vehicle (P) endorsement (49 CFR
383.123). FMCSA believes that, since Congress recognized the importance
of entry-level training in the operation of passenger vehicles by
including the P endorsement within the scope of the MAP-21 mandate in
section 31305(c), the inclusion of the S endorsement training
curriculum in the NPRM is entirely consistent with that mandate.
While 49 U.S.C. 31305(c) clearly applies to entry-level CMV
drivers--understood as new drivers--FMCSA believes that refresher
training is necessary for essentially the same reason. CDL holders who
have been disqualified from operating a CMV, have either never learned
the necessary skills for safe operation of a CMV or have allowed those
skills to deteriorate to the point where they have no greater mastery
of operational safety than individuals who have not previously driven a
CMV. The Agency believes that requiring refresher training for those
drivers is well within the purpose and intent of the training mandate
required in 49 U.S.C. 31305(c).
Before prescribing any regulations, FMCSA must consider their
``costs and benefits'' (49 U.S.C. 31136(c)(2)(A) and 31502(d)). Those
factors are discussed in the RIA associated with this rulemaking.

V. Regulatory and Legal History

Initial Efforts To Address ELDT

In the early 1980s, the Federal Highway Administration's (FHWA)
Office of Motor Carriers, the predecessor to FMCSA, determined that
there was a need for technical guidance in the area of truck driver
training. This need was based on a Government Accountability Office
report stating that a large percentage of truck crashes are due to
driver error.\3\ Research further showed that few driver training
institutions then offered a structured curriculum or a standardized
training program, and also showed that, for motorcoaches and school
buses, nearly the entire capacity for entry-level training was provided
by the fleet operators, and not by training schools.
---------------------------------------------------------------------------

\3\ GAO/RCED-89-163, Truck Safety: Information on Driver
Training, August 1989.
---------------------------------------------------------------------------

FHWA published a ``Model Curriculum for Training Tractor-Trailer
Drivers'' (Model Curriculum) in 1985. The Model Curriculum provided
suggestions and recommendations for training providers covering
curriculum, facilities, vehicles, instructor qualifications and hiring
practices, graduation requirements, and student placement. Curriculum
content addressed basic operation, safe operating practices, advanced
operating procedures, vehicle maintenance, and non-vehicle activities
(e.g., handling and documenting cargo). The Model Curriculum reflected
a consensus among experts at the time of its publication.
The 1985 Model Curriculum recommended the equivalent of a total of
148 hours \4\ of training, including driving-range time and on-road BTW
training. In 1986, the motor carrier, truck driver training school, and
insurance industries created the Professional Truck Driver Institute

[[Page 11951]]

(PTDI) to certify high-quality training programs offered by training
institutions. The Model Curriculum, as updated over time, remains as
the centerpiece of many training programs currently offered. It
provided the starting point for the ELDT curricula requirements
proposed in this NPRM.
---------------------------------------------------------------------------

\4\ The original Model Curriculum referred to a total of 320
hours. However, these hours of training include periods when the
student is not receiving individual instruction, such as while
waiting his or her turn to use an available truck to practice
driving skills.
---------------------------------------------------------------------------

CMVSA, which created the CDL program, defined a CMV, in part, as a
vehicle operating in ``commerce,'' a term separately defined to cover
both interstate commerce and operations that ``affect'' intrastate
commerce (49 U.S.C. 31301(2) and (4)). CMVSA directed the Agency to
establish minimum Federal standards that States must meet when testing
and licensing CMV drivers. The goal was to ensure that drivers of large
trucks and buses possess the knowledge and skills necessary to operate
safely on public highways. Until 2012, however, as discussed further
below in this section, Congress did not specify whether an ELDT
rulemaking should be limited to CMV drivers in interstate commerce, or
whether it should also encompass CMV drivers operating in intrastate
commerce.
In accordance with part 383, all drivers of CMVs must possess a
valid CDL. In addition to passing the CDL knowledge and skills tests
required for the basic vehicle group, all persons who operate or
anticipate operating double/triple trailers, passenger vehicles, tank
vehicles, vehicles transporting hazardous materials, or school buses
must obtain vehicle-specific endorsements under Sec. 383.93(3)(b). The
driver is required to pass a knowledge test for each endorsement, plus
a skills test to obtain a passenger endorsement or a school bus
endorsement.
By 1991, Congress became concerned about the quality and
inconsistency of CDL-related training individuals were receiving prior
to obtaining a CDL. As a result, section 4007(a)(1) of the Intermodal
Surface Transportation Efficiency Act (ISTEA) required FHWA to: (1)
Study the effectiveness of private sector training efforts and to
report its results to Congress; and (2) to commence a rulemaking on the
need to require training of all entry-level drivers of CMVs (Pub. L.
102-240, 105 Stat. 1914, 2151, Dec. 19, 1991).
In 1992, the FHWA began to examine the effectiveness of private
sector training. A 1995 report titled, ``Assessing the Adequacy of
Commercial Motor Vehicle Driver Training'' (the Adequacy Report)
concluded, among other things, that effective ELDT needs to include BTW
instruction. While the Adequacy Report recognized that ELDT seemed
intuitively beneficial, it also acknowledged the lack of quantitative
data linking driver training with positive safety outcomes. The
Adequacy Report did not reach a conclusion as to whether ``testing-
based,'' ``training-based,'' or ``performance-based'' approaches to
ELDT would be more effective. The Secretary of Transportation submitted
this report to Congress in 1996. A copy of the Adequacy Report is
included in the docket for this rulemaking.
In 1993, pursuant to section 4007(a)(2) of ISTEA, FHWA began a
rulemaking to address the need to require training of all entry-level
CMV drivers. On June 21, 1993, FHWA published an ANPRM titled
``Commercial Motor Vehicles: Training for All Entry Level Drivers'' (58
FR 33874). The NPRM asked 13 questions pertaining to the adequacy of
training standards, curriculum requirements, the requirements for
obtaining a CDL, the definition of ``entry-level driver'' training,
training pass rates, and costs.
2003 NPRM/2004 Final Rule
In November 2002, several organizations filed a petition for a writ
of mandamus in the DC Circuit seeking an order directing the DOT to
promulgate various regulations, including one establishing ELDT
(petition for a writ of mandamus and for Relief from Unlawfully
Withheld Agency Action, In re Citizens for Reliable and Safe Highways,
No. 02-1363 (D.C. Cir.)). As part of a settlement agreement reached in
February 2003, DOT agreed to issue a final rule on minimum training
standards for entry-level CMV drivers by May 31, 2004 (Settlement
Agreement, In re Citizens for Reliable and Safe Highways, No. 02-1363
(D.C. Cir.)). Both of these documents are available in the docket for
this rulemaking.
The FMCSA published an NPRM on Friday, August 15, 2003, which
proposed training for entry-level drivers based on three main
principles (68 FR 48863). First, the NPRM focused on the types of
drivers addressed in the Adequacy Report; i.e., only drivers in the
heavy truck, motorcoach, and school bus industries. Second, the NPRM
focused on drivers who operate in interstate commerce and therefore are
subject to MCSA. Third, the Agency limited the NPRM to the following
areas: (1) Driver medical qualifications and Federal drug and alcohol
testing requirements, (2) driver hours of service limits, (3) driver
wellness, and (4) whistleblower protections. The Agency believed that
training focusing on these four areas would establish an adequate
baseline for training entry-level CMV drivers at a reasonable cost. The
NPRM did not specify a required number of hours for the training or
propose requirements pertaining to the type of training. The Agency
published a final rule on May 21, 2004, that included the four elements
proposed in the NPRM (69 FR 29384).
In 2005, three parties petitioned the D.C. Circuit for review of
the 2004 rule. The Court held that the 2004 final rule was arbitrary
and capricious because FMCSA ignored the finding of the Adequacy Report
that BTW training was necessary and remanded the rule to the Agency for
further consideration (Advocates for Highway and Auto Safety v. Federal
Motor Carrier Safety Administration, 429 F.3d 1136 (D.C. Cir. 2005)
(Advocates I ). The Court did not vacate the 2004 final rule.
2007 NPRM
In response to the Court's decision in Advocates I, FMCSA published
an NPRM on December 26, 2007, that proposed requiring both classroom
and BTW training from an accredited institution or program (72 FR
73226). The NPRM generated more than 700 public comments, which varied
widely regarding the necessity and efficacy of the proposed ELDT
program elements. While most commenters expressed support for the ELDT
concept, they had divergent views on several of the proposed rule's key
provisions: (1) Hours-based versus ``performance-based'' driver
training, (2) accreditation, (3) passenger driver training, and (4)
post-CDL training.

Hours-Based vs. ``Performance-Based'' Driver Training

Several industry organizations expressed opposition to the proposed
requirements of a specific minimum number of training hours. Instead,
these commenters generally supported a performance-based approach to
training that would allow an individual to move through the training
program at his or her own pace. Essentially, a driver who demonstrated
mastery of one skill would be able to move to the next skill. The
driver would not have to repeat continually or practice a skill for a
prescribed amount of time--2 hours, for example--if the driver could
master the skill in 20 minutes. However, among the various comments
expressing support for a ``performance-based'' approach, there was no
consistent interpretation of the term.
Other commenters, however, supported a minimum hours-based approach
to training. They stated that FMCSA must specify the minimum number of
instructional hours in order to be consistent with the original Model

[[Page 11952]]

Curriculum. Additionally, some supporters of an hours-based approach
believed that the Agency's proposal did not include sufficient hours
(particularly BTW hours) to train a driver adequately. Finally, other
commenters suggested a hybrid of the hours-based and ``performance-
based'' approaches.

Third-Party Accreditation

The 2007 NPRM proposed that all commercial driver-training schools
be accredited by an agency recognized by either the U.S. Department of
Education (ED) or the Council on Higher Education Accreditation. Most
commenters opposed the accreditation proposal because they claimed it
is long and costly and would not necessarily result in better training
of the students because the accreditation is not ``program specific.''
In other words, the training institution may obtain accreditation, but
the accreditation would not be specific to the driver training
program's course content. They argued that accreditation might restrict
the number of schools where drivers could receive training.
Alternatives suggested included allowing training institutions to
self-certify, subject to Federal or other oversight, or permitting
training institutions to voluntarily obtain third-party certification
or accreditation. However, other commenters believed that even stricter
control of training schools should be exercised by the Federal and/or
State governments.

Passenger Driver Training

Commenters from the motorcoach industry stated that they were an
``afterthought'' in the NPRM. Specifically, they stated that there was
no mention of the Model Motorcoach Driver Training Curriculum in the
proposed rule. One motorcoach company asserted that its in-house
training program was much more rigorous than the Agency proposal and
that it continually tested and re-trained its drivers. Others believed
that the proposed training program would have particularly adverse
consequences for the motorcoach industry as few institutions offered
training specific to that segment of the industry.

Post-CDL Training

Some commenters suggested that the Agency consider regulatory
actions beyond what was proposed in the 2007 NPRM. For example, several
individuals and organizations believed FMCSA should assess the merits
of implementing a graduated CDL system approach. This concept would
involve placing limits on the operations of new CDL holders for certain
periods of time until the drivers obtain enough experience to operate
without restrictions or limitation. Specifically, such a concept would
require that the new CDL holder work under the supervision of an
experienced driver or mentor as part of a team operation before being
allowed to drive alone. Other commenters stressed that their companies
are doing continuous training/testing and that re-training of
individuals should be required. As proposed, the 2007 NPRM would have
required training before an individual obtained a CDL; the ``finishing
training'' advocated by some commenters was not discussed in the NPRM.
The Agency ultimately withdrew the 2007 NPRM for a number of
reasons including: Sharply divided public comments; feedback from
participants in the Agency's two public ELDT listening sessions held in
2013; recommendations by the Motor Carrier Safety Advisory Committee
(MCSAC), noted below; \5\ and the new requirements imposed by MAP-21,
discussed below (78 FR 57585, September 19, 2013).
---------------------------------------------------------------------------

\5\ Both available in the docket for this rulemaking, FMCSA-
2007-27748. The listening session took place in January and March of
2013.
---------------------------------------------------------------------------

MAP-21 Requirements
Section 32304 specifically mandates that DOT issue training
regulations that (1) address the knowledge and skills needed for safe
operation of a CMV, (2) address the specific training needs of those
seeking hazardous materials and passenger endorsements, (3) create a
means of certifying that an applicant for a CDL meets Federal ELDT
requirements, and (4) require training providers to demonstrate that
their training meets uniform Federal standards.
After Congress enacted MAP-21, FMCSA requested that MCSAC consider
the history of the ELDT issue, including legislative, regulatory and
research background, and identify ideas and concepts the Agency should
consider in moving forward with a rulemaking to implement the MAP-21
requirements. MCSAC issued its letter report in June 2013.
ELDT Negotiated Rulemaking/Advocates II
On August 19, 2014, FMCSA formally announced that it was
considering addressing the rulemaking mandated by MAP-21 through a
negotiated rulemaking (79 FR 49044). Negotiated rulemaking is a process
which brings together representatives of various interest groups and a
federal agency to negotiate the text of a proposed rule. The goal of a
negotiated rulemaking proceeding is for the Committee to reach
consensus on the text of a proposed rule. The Agency retained a neutral
convener, as authorized by the Negotiated Rulemaking Act (5 U.S.C.
563(b)) to impartially assist the Agency in determining whether
establishment of a negotiated rulemaking would be feasible and
appropriate. To that end, the convener interviewed a broad range of
stakeholders concerning ELDT.
On September 18, 2014, FMCSA and DOT were sued in a mandamus action
requesting that the D.C. Circuit order the Agency to publish a proposed
rule on ELDT in 60 days and a final rule within 120 days of the Court's
order (In Re Advocates for Highway and Auto Safety, the International
Brotherhood Teamsters; and Citizens for Reliable and Safe Highways v.
Anthony Foxx, Secretary of the United States Department of
Transportation, et al. (No. 14-1183, D.C. Circuit (2014)) (Advocates
II). This document is available in the docket for this rulemaking.
On November 26, 2014, the convener submitted his report to the
Agency concluding that a negotiated rulemaking was feasible and
appropriate. The convening report is available in the docket for this
rulemaking. In December 2014, FMCSA announced its intention to
establish a negotiated rulemaking committee to negotiate and develop
proposed regulations to implement the MAP-21 requirements concerning
ELDT for drivers operating CMVs in interstate or intrastate commerce.
At that time, FMCSA also stated its intention to finish the negotiated
rulemaking process in the first half of 2015, followed by publication
of an NPRM the same year and a final ELDT rule in 2016 (79 FR 73274,
December 10, 2014). The Agency also described the issues to be
addressed by the ELDTAC, interests likely to be significantly affected
by the rule, proposed various organizations for membership, and
explained how a person may apply or nominate another person for
membership on the committee, as required by the Negotiated Rulemaking
Act. The FMCSA solicited public comment on the proposal to establish
the committee and the proposed membership of the negotiated rulemaking
committee. The FMCSA considered the comments and applications
submitted, and determined that a negotiated rulemaking committee could
adequately represent the interests that would be significantly affected
by a proposed rule, and that it was feasible and appropriate to
establish the

[[Page 11953]]

ELDTAC. Next, FMCSA established a charter under the Federal Advisory
Committee Act, 5 U.S.C. App. 2, under which it subsequently convened
the ELDTAC (79 FR 73273, 73275).
On February 12, 2015, the Agency published a Federal Register
notice listing the ELDTAC member organizations \6\ as required by the
Negotiated Rulemaking Act (80 FR 7814). The ELDTAC, composed of FMCSA
and a cross-section of 25 representatives from motor carrier
transportation, highway safety, and driver training organizations, met
for six two-day negotiating sessions starting in February until
reaching consensus in May 2015. The ELDTAC meeting minutes and other
documentation are available at www.eldtac.fmcsa.dot.gov and in the
docket for this rulemaking.
---------------------------------------------------------------------------

\6\ The ELDTAC members are: FMCSA, Advocates for Highway and
Auto Safety, American Association of Motor Vehicle Administrators,
American Bus Association, Paraprofessional and School-Related
Personnel, American Federation of Teachers (AFL-CIO), Amalgamated
Transit Union (AFL-CIO), American Trucking Associations, Citizens
for Reliable and Safe Highways, Commercial Vehicle Safety Alliance,
Commercial Vehicle Training Association, Great West Casualty
Company, Greyhound Lines, Inc., International Brotherhood of
Teamsters, Massachusetts Registry of Motor Vehicle Division,
Massachusetts Department of Transportation, National Association of
Publicly Funded Truck Driving Schools, National Association of Small
Trucking Companies, National Association of State Directors of Pupil
Transportation Services, National School Transportation Association,
Owner-Operator Independent Drivers Association, Professional Truck
Drivers Institute, Stevens Transport, Spoon Trucking, Truckload
Carriers Association, Truck Safety Coalition, United Motorcoach
Association, and Women in Trucking.
---------------------------------------------------------------------------

On March 10, 2015, the court in Advocates II ordered that the
petition for writ of mandamus be held in abeyance pending further order
of the court to permit the DOT to issue, by September 30, 2016, final
regulations pursuant to MAP-21. Petitioners to the lawsuit agreed to
participate in the negotiated rulemaking process to collaborate on the
drafting of an NPRM.
A consensus agreement of the ELDTAC,\7\ including FMCSA as a party,
was reached on May 29, 2015. In this NPRM, FMCSA has followed the
consensus agreement ``to the maximum extent possible consistent with
its legal obligations'' (5 U.S.C 563 (a)(7)).
---------------------------------------------------------------------------

\7\ https://www.fmcsa.dot.gov/eldtac (providing comprehensive
documentation regarding all negotiated rulemaking meetings leading
to the consensus agreement, including committee ground rules, ELDTAC
members, agendas, meeting minutes and working documents).
---------------------------------------------------------------------------

ELDTAC Consensus Agreement (Consensus Agreement) \8\
---------------------------------------------------------------------------

\8\ Written Statement of the Entry-Level Driver Training
Advisory Committee, Consensus Recommendation on Rule for Minimum
Training Requirements for Entry-Level Commercial Motor Vehicle
Operators, Richard W. Parker, Facilitator, June 15, 2015.
---------------------------------------------------------------------------

At the ELDTAC's final session in May 2015, the Committee
unanimously approved a final package of recommendations, as set forth
in the Consensus Agreement, on which this NPRM is based. The key terms/
concepts of the Consensus Agreement are:
Beginning on the compliance date of the rule, no ``Entry-
Level Driver'' may take a CDL skills test to receive a Class A CDL,
Class B CDL, Passenger Bus endorsement, School Bus endorsement, or
Hazardous materials endorsement unless he/she has successfully
completed a training program that (1) is provided by a Training
Provider who appears on FMCSA's TPR, and (2) is appropriate to the
license/endorsement for which that person is applying.
The ELDTAC approved proposed curricula for Class A CDL,
Class B CDL, Passenger Bus endorsement, School Bus endorsement,
Hazardous materials endorsement, and Refresher training.
The ELDTAC approved proposed curricula for Class A and
Class B training programs generally sub-divided into theory and BTW
segments, with BTW driving occurring both on a ``range'' (any protected
area not involving a public road) or a public road.
[cir] Theory may be taught either online or in a classroom. The
ELDTAC agreed not to propose prescribing the length of time to be spent
on theory/knowledge instruction. The training provider would administer
a written knowledge assessment, which would provide a satisfactory test
of competence in the area of instruction.
[cir] BTW instruction (range and road):
[ssquf] Class A CDL trainees would be required to receive a minimum
of 30 hours of BTW with a minimum of 10 hours spent on a ``range''
(which may be any suitable area not on public roads), and 10 hours
driving on a public road or 10 public road trips (no less than 50
minutes each). A 50-minute training session (``academic hour'') would
count as one hour for purposes of this requirement. The training
provider will determine how the remaining 10 hours of BTW training will
be spent (i.e., whether on a range or public road, or some combination
of the two).
[ssquf] Class B CDL trainees would be required to receive a minimum
of 15 hours of BTW (range and public road) driving, with a minimum of 7
hours of road driving. Again, a 50-minute training session (``academic
hour'') would count as one hour under this requirement. Training
providers may determine how the remaining 8 hours of BTW training are
spent, as long as the range curriculum, as set forth below, is covered.
These proposed requirements would apply to individuals who
obtain the CLP on or after the compliance date. However, the new
requirements would not apply to individuals--such as military drivers--
for whom 49 CFR part 383 gives States the discretion to waive the CDL
skills test. Any individual who fails to obtain the CDL within 360 days
after obtaining a CLP would be required to complete a full ELDT course
again following application for a new CLP.
An individual holding a CDL that has been canceled or
revoked by the State of issuance--and would thus be required to re-take
a State-administered CDL exam--would not be required to re-take a full
ELDT course as a condition of taking such exam. However, any individual
whose CDL has been canceled or revoked for a highway-safety related
reason would be required to complete refresher training from a provider
listed on the TPR prior to re-taking the State CDL exam to re-instate
his or her CDL Class A or Class B license.
Once such refresher training is completed, the training
certificate would be transmitted from the training provider to FMCSA,
and the Agency would electronically transmit the certificate to the
SDLA via the Commercial Driver's License Information System (CDLIS).
The rule would include an explicit requirement for SDLAs to administer
a CDL skills test to these individuals, but only if there is an
electronic training certificate on file with the SDLA.
To become an FMCSA-registered training provider, a person
or institution would have to meet the applicable FMCSA's Eligibility
Requirements for Training Providers, and complete and submit (online) a
Training Provider Identification Report affirming under penalties of
perjury that such provider will teach the FMCSA-prescribed curriculum
that is appropriate for that license or endorsement and that such
provider meets the eligibility requirements. Training providers that
meet these requirements would be placed on FMCSA's TPR.
The ELDTAC approved two sets of Eligibility Requirements
that training providers would meet in order to appear on the TPR. One
set of proposed requirements would apply to in-house

[[Page 11954]]

or school training providers that train, or expect to train, more than
three drivers per year, while the other would pertain to small business
or for-hire training providers that train, or expect to train, three or
fewer drivers per year. All training providers would complete the
Training Provider Identification Report as part of their application
for registration.
The ELDTAC agreed that theory and BTW training may be
delivered by separate providers.
The ELDTAC approved FMCSA's draft regulatory text setting
forth the general requirements for training providers listed on FMCSA's
TPR.
The compliance date of the rule would be three years from
the effective date of the final rule.
Although the ELDTAC approved the consensus agreement unanimously,
two parties formally dissented (as permitted by the ground rules for
the negotiated rulemaking) on a single issue, requiring a minimum
number of hours for BTW (range and road) for Class A training. A more
detailed discussion of the ELDTAC's deliberations regarding the hours-
based approach for BTW, including the dissenting comments, is provided
below in the ``General Discussion of the Proposal'' section.
Issues Left to the Agency's Discretion by ELDTAC
Several items were discussed by the Committee, but left to the
Agency's discretion. These include:
The impact of serious traffic violations on an
individual's eligibility to be a BTW training instructor.
Required record retention period for training providers
listed on the TPR.
Finalizing the Training Provider Identification Report
requirements.
The Committee agreed that a BTW training instructor's driving
record is relevant to his or her overall qualification, but left to
FMCSA the decision on how long he or she must have a ``clean'' driving
record. Accordingly, BTW training instructors, during the two years
prior to engaging in BTW instruction, must not have had any CMV-related
convictions for the offenses identified in Sec. 383.51(b) through (e).
FMCSA invites comment on this proposed driver training qualification.
ELDTAC briefly discussed how long training providers would be
required to retain training records, but ultimately left the decision
to the Agency. FMCSA proposes that the records be kept for three years
after the date they are created, consistent with the retention
requirements in Sec. 391.51(d), General Requirements for Driver
Qualification Files.
ELDTAC reviewed and commented on a draft version of the Training
Provider Identification Report [to be attached as an Appendix] to be
used by training providers seeking to be listed on the TPR. The Agency
made minor changes to the design and content of the form to reflect the
comments received during the ELDTAC's deliberations.
Necessary Conforming Changes Made by the Agency
After the Agency began using the consensus of the Committee to form
the basis of the proposed rule, the Agency found that there was a need
for certain conforming changes. These include:
State reinstatement of a CDL for the BTW portion of
refresher training.
A disqualification for refresher training.
Use of a written assessment by training providers that
provide theory training to three or fewer driver-trainees annually.
Changes made to hazardous materials endorsement curriculum
to be consistent with existing regulations.
Other non-substantive or editorial changes.
The Agency proposes a conforming change related to the refresher
training curriculum, which includes a BTW component. The completion of
the BTW portion of the refresher training implicitly requires that
driver-trainees be licensed to drive a CMV on a range or public road.
Accordingly, we propose that if a CDL holder has been disqualified from
operating a CMV under Sec. 383.51(b) through (e), the State would
reinstate the driver-trainee's CDL solely for the limited purpose of
completing the BTW portion of the refresher training curriculum in
Sec. 380.625. The State may not restore full CMV driving privileges
until the disqualification period is completed and the State receives
notification, through the process described below, that the driver
successfully completed refresher training. FMCSA specifically invites
comment on the practical implications of implementing this proposed
requirement.
The Agency modified the ELDTAC language concerning when a CDL
holder would be required to take refresher training. In lieu of the
revocation or cancelation of a CDL for highway safety related reasons
by the State of issuance as a trigger for refresher training, the
Agency proposes a disqualification under Sec. 383.51(b) through (e) as
the sole standard for requiring refresher training. This change would
ensure consistency among the States in determining when refresher
training is required. FMCSA is using this criteria for both when a CDL
holder is required to take refresher training and for determining the
qualification of a BTW instructor. The Agency requests comments on
these changes. Additionally, FMCSA invites comment on whether a driver
disqualified under Sec. 383.52 should also be required to complete
refresher training before his or her CDL is reinstated.
In reviewing the supporting documentation for the consensus
agreement, FMCSA noted that training providers that provide theory
training to three or fewer driver-trainees annually are not explicitly
required to assess the driver-trainee's knowledge proficiency by using
a written or electronic format (see annex 8, page 53 of the Consensus
Agreement). The Agency believes, however, that a written or electronic
assessment of a driver-trainee's proficiency by all training providers
is necessary in order to create a record verifying that the training
provider followed the applicable theory curriculum requirements;
therefore, it includes this requirement in the NPRM. The Agency
requests comment on this proposed clarification.
FMCSA also revised the description of training providers who train
or expect to train three or fewer driver-trainees per year by deleting
``small business or for-hire'' but maintained the general concept as
developed by the ELDTAC. We concluded that the deleted language
detracted from the clear ``dividing-line'' between training entities
established by the ELDTAC: Those entities that train three or fewer
driver-trainees or those that train more than three.
Additionally, FMCSA made editorial changes to certain units in the
H endorsement curriculum. The Agency changed the name of the ``Cargo
Tank'' unit to ``Bulk Packages''; and edited the ``Loading and
Unloading HM'' unit to more accurately reflect the range of
transportation containers addressed in current regulations (49 CFR part
177).
The six driver training curricula proposed in this NPRM were
drafted by the ELDTAC. The Agency made non-substantive conforming
editorial changes to certain portions of the curricula solely for
purposes of clarity and consistency or to eliminate duplication. For
example, the ``accident procedures'' unit of the Class A and B
curricula has been removed because all of the requirements are set
forth in the ``post-crash procedures'' units of those same curricula.

[[Page 11955]]

VI. General Discussion of the Proposal

MAP-21 mandated that the FMCSA issue regulations to establish
minimum entry-level training requirements for all initial interstate
and intrastate CDL applicants, CDL holders seeking license upgrades,
and those seeking passenger (P) or hazardous materials (H)
endorsements. These proposed regulations would address the knowledge
and/or skills training required for these CMV drivers. Additionally,
this rulemaking would propose new Federal standards that training
providers would meet in order to be eligible to deliver ELDT. Finally,
while not specifically required by MAP-21, the NPRM reflects the
ELDTAC's consensus that both refresher training and school bus (S)
endorsement training should be required when appropriate.
In this NPRM, FMCSA proposes a definition of an ``Entry-Level
Driver,'' a person who must complete the CDL skills test requirements,
and focuses on drivers who intend to drive CMVs in interstate and/or
intrastate commerce. Generally, military drivers are excepted, and
farmers and firefighters are eligible to be excepted from current CDL
requirements under Sec. 383.3(c) and (d), respectively. These drivers
would continue to be excepted under this proposed rule.
The proposed rule also applies to entities that train CDL
applicants. Such providers would, at a minimum, offer and teach a
driver training curriculum that meets all FMCSA standards as set forth
in the NPRM. Furthermore, entities would meet and attest to their
compliance with the eligibility requirements set forth in subpart G of
part 380. These proposed requirements address the following areas:
Course administration; instructional personnel qualifications; training
vehicles; training facilities (e.g., classroom and range); and
curricula and proficiency assessment. Training providers meeting these
requirements would be eligible for listing on FMCSA's TPR. These
providers would continue to meet the required criteria in order to
remain listed on the TPR. In addition, training providers would, at
FMCSA's request, be required to supply documentary evidence to verify
their compliance with the eligibility requirements. The NPRM also
proposes an administrative process for providers removed from or
reinstated to the TPR.
The NPRM proposes a Class A CDL core curriculum; a Class B CDL core
curriculum; three specific endorsement training curricula: Hazardous
materials (H), passenger bus (P), and school bus (S); and a
``refresher'' training curriculum. The core curricula for Class A and
Class B CDL training programs subdivide into theory and BTW (range and
public road). For those individuals seeking H, P, or S endorsements on
their CDL, the appropriate training curriculum would be required. The
proposed P and S training curricula are also divided into theory and
BTW (range and public road) training. The H endorsement training
curriculum is proposed as theory-only training because there is no CDL
skills test currently required for those seeking an H endorsement. The
NPRM does not propose that any minimum number of hours be spent by
driver-trainees in completing the theory portion of any of the
individual curricula, nor does it propose that any minimum number of
hours be spent completing the non-BTW portion (e.g., pre-trip
inspection) of the range training. However, training providers would
provide instruction on all elements of the applicable curriculum. The
driver-trainee's successful completion of the appropriate curricula
would be required, which includes achieving an overall score of at
least 80% on the assessment administered by the training provider.
As proposed, a CDL holder who has been disqualified from operating
a CMV would need to successfully complete refresher training
requirements before applying for reinstatement of their CDL. Similar to
the other curricula, the refresher curriculum is broken down into the
categories of theory and BTW (range and public road) training; however,
the NPRM does not propose that a minimum number of hours be required to
complete any portion of the refresher curriculum. As noted above, the
Agency proposes that SDLAs issue limited CDL privileges for persons
seeking to become reinstated, solely for the purpose of allowing the
driver to complete the BTW portion of the refresher curriculum.
The NPRM describes factors that would justify FMCSA's removal of a
training entity from the TPR. The proposal sets forth procedures the
Agency would follow before an entity can be removed from the TPR, as
well as procedures that the training entities would follow in order to
challenge a proposed removal.
This NPRM also proposes that training providers would
electronically notify the TPR that driver-trainees have completed
training by the close of the next business day. There would be no limit
on the number of training certifications a provider may submit to the
TPR at one time, so long as each individual driver-trainee's successful
completion of his or her training is certified separately. The
submission of documentation would ensure that each individual received
the required training from a provider listed on the TPR prior to
applying for the CDL and/or an applicable endorsement.
The proposed compliance date for this rule is three years after the
effective date of the final rule. The Agency believes the three-year
phase-in period would give the States enough time to (1) pass
implementing legislation and/or regulations as necessary; (2) modify
their information systems to begin recording the training provider's
certification information into CDLIS and onto the driver's CDL record;
and (3) begin making that information available to other States through
CDLIS. The three-year phase-in period would also allow ample time for
the CMV driver training industry to develop and begin offering training
programs that meet the requirements for listing on the TPR.

Dissenting Views From ELDTAC Members

While two ELDTAC members, the American Trucking Associations (ATA)
and the National Association of Small Trucking Companies (NASTC), voted
in favor of the unanimously approved consensus agreement as a whole,
they disagreed with the other members of the ELDTAC that a minimum
number of hours of BTW training should be prescribed for the Class A
CDL. The statute, as noted previously, mandates some amount of BTW
training, but it does not prescribe how much, nor does it state whether
the minimum amount of BTW training be expressed in hours.
ATA cited two reasons for its disagreement with the consensus
approach on minimum hours of BTW training. First, ATA argued that the
hours-based proposal lacks a scientific basis. ATA cited a 2008 report
from the American Transportation Research Institute (ATRI) that
concluded that ``no relationship is evident between total training
program contact hours and driver safety events when other factors such
as age and length of employment are held constant.'' ATA claimed,
therefore, that a proposal prescribing a minimum number of BTW training
hours was ``arbitrary.'' \9\ NASTC agreed with this conclusion in its
dissent.\10\ FMCSA notes that the ATRI study did not rely on a
representative sample of either motor carriers or new entrant drivers.
The Agency therefore does not

[[Page 11956]]

view the ATRI report's conclusion regarding the BTW training
requirement as definitive for purposes of this NPRM. However, FMCSA
does not have scientific evidence that would suggest that an hours-
based requirement improves safety.
---------------------------------------------------------------------------

\9\ ATA Letter to Richard Parker, ELDTAC Facilitator, June 15,
2015.
\10\ NASTC Statement for the Record of the ELDTAC, Rationale for
Vote on Hours Requirement for Behind-the-Wheel Training June 15,
2015.
---------------------------------------------------------------------------

Throughout the ELDTAC's deliberations, the need for correlative
data pertaining to the effectiveness of any form of ELDT (either the
hours-based or the purely ``performance-based'' approach favored by ATA
and NASTC) was repeatedly acknowledged. But while some participants
offered data in response to the request of the ELDTAC's Data Needs/Cost
Benefit Analysis Work Group, none of those submissions included safety
benefit data that could be utilized in support of this proposal.
However, as discussed in the RIA, there was significant information
about existing driver training programs carried out by motor carriers
and others that include substantial BTW training. The use of these
programs to train a substantial number of CDL holders strongly supports
the need for and desirability of establishing minimum BTW hours
requirements in the proposed rule.
ATA's second argument was that using an hours-based approach is
contrary to the ``performance-based'' approaches favored in Executive
Orders 12866 and 13563, as well as the Office of Management and
Budget's guidance (OMB Circular A-4, September 17, 2003). FMCSA does
not believe that the consensus proposal contravenes Executive Order
12866, Section 1 (b)(8), directive that ``[e]ach agency shall identify
and assess alternative forms of regulation and shall, to the extent
feasible, specify performance objective, rather than specifying the
behavior or manner of compliance that regulated entities must adopt''
(emphasis added). As the discussion in the ``alternatives considered''
section makes clear, the ELDTAC identified and assessed different
approaches to driver training for Class A CDLs. As discussed below,
ultimately the ELDTAC adopted a hybrid approach that combines a
required minimum number of BTW hours (range and public road) for Class
A and Class B CDLs only, with a prescribed theory curriculum for which
no minimum number of hours is required, while also incorporating
``performance-based'' elements, such as reliance on demonstrated
outcomes. The approach presented in this NPRM, therefore reflects the
consensus of ELDTAC representatives that performance objectives be
specified ``to the extent feasible''.
Although there are a required minimum number of BTW hours
prescribed in this NPRM, FMCSA believes that many of the other
provisions included are consistent with Executive Order 12866's
emphasis on performance objectives, as illustrated by the level of
discretion that instructors have when assessing the performance of
individual driver-trainees. The NPRM proposes that instructors maintain
significant flexibility, within the total number of hours required for
BTW training in the Class A and B CDL curricula, to allot more or less
time to specific elements of the training according to the instructor's
evaluation of the trainee's demonstrated performance of required
skills. For example, the NPRM permits instructors in the Class A
curriculum complete discretion to determine how 10 hours (of the total
required 30 hours) will be allocated, including whether those hours
should be spent on the driving range or on a public road (or some
combination of the two), as well as which specific driving maneuvers
require further training. This level of instructional discretion, based
entirely the trainee's demonstrated skill proficiency, permits BTW
training to be tailored to the needs of the individual. This hybrid
approach thus emphasizes the achievement of performance objectives,
while also assuring that a reasonable amount of time will be spent on
BTW training.
As further discussed below, the ELDTAC consensus process vetted all
available evidence and alternatives. We further note that FMCSA's
reliance on the consensus agreement ``as the basis'' for this proposal
is required by the Negotiated Rulemaking Act (5 U.S.C. 563(a)(7)) and
the ELDTAC Ground Rules (Section (3)(a)).

Alternatives Considered

As noted above, the Agency is bound to propose in this NPRM the
ELDTAC's consensus package for notice and comment to the maximum extent
possible consistent with its legal obligations. The preferred
alternatives agreed upon as a package are outlined in the Written
Statement from ELDTAC facilitator (docketed at FMCSA-2007-27748). But
as discussed in the analysis of alternatives below, several other
options were considered for some of the regulatory provisions being
proposed. Due to our legal obligation to propose the consensus package,
we provide relatively more analysis of the provisions adopted in the
consensus package compared to the alternatives that were considered,
but ultimately rejected, by the ELDTAC. As further discussed in the
RIA, FMCSA provides some analytical assumptions about these
alternatives, as compared to the alternatives ultimately proposed, as a
basis for comparison. For example, some of the provisions rejected by
the ELDTAC were opposed by industry based on cost considerations. We
seek comment on the economic and analytical assumptions utilized to
compare the alternatives considered to the approaches proposed in this
NPRM.

``Performance-Based'' Versus Hours-Based Approach to ELDT

As previously noted, the issue of a ``performance-based'' approach
to BTW training versus an approach requiring that a minimum number of
hours be spent in BTW training was the most thoroughly debated issue
within the ELDTAC.\11\ The ELDTAC facilitator framed the discussion as
the ``major challenge'' confronting the Committee. The Agency has
considered this issue for many years, both in studies, such as the
Adequacy Report, and in connection with prior rulemakings, such as the
2007 NPRM (72 FR 73226, 73229).
---------------------------------------------------------------------------

\11\ ELDTAC Meeting Minutes: March 19-20; April 9-10; May 14-15;
May 28-29, 2015.
---------------------------------------------------------------------------

One of the difficulties surrounding the resolution of this question
is that the term ``performance-based'' is subject to multiple
interpretations. In response to the 2007 NPRM, which proposed a minimum
number of hours for BTW training, FMCSA received numerous comments
addressing the pros and cons of ``performance-based'' training. These
comments made clear that various parties interpreted the term
``performance-based'' differently. For some commenters, it was a
measure of the achievement of specific learning objectives with
instructor flexibility, while other commenters thought the term simply
meant that students could learn at their own pace. At least one
commenter believed that the term indicated that no detailed curricula
would be followed. Many commenters understood that a performance-based
training system would allow proficient students to ``test out'' of an
otherwise required curriculum. The ELDTAC's discussions also revealed a
lack of common understanding of the term, although Committee members
generally agreed that it did not include a minimum-hours requirement.
Given the lack of industry consensus on the precise meaning of the
term ``performance-based,'' the Agency hopes to avoid further confusion
by not using it in this NPRM. However, by requiring that driver-
trainees achieve specific performance objectives in both the

[[Page 11957]]

theory and BTW portions of the training, this proposal does incorporate
key elements of a ``performance-based'' approach by relying on
demonstrated outcomes.
The proposed curricula in the NPRM sets forth prescriptive elements
of each individual curriculum (including BTW vehicle maneuvers on both
range and public road), all of which must be taught and assessed. Other
than BTW (range and public road) training for the Class A and B CDL,
discussed below, there are no required minimum hours that driver-
trainees must spend to complete the applicable curricula. The NPRM
reflects the Committee's consensus that detailed curriculum
requirements, combined with a prescribed means of performance
assessment in the theory and BTW portions of the curricula, are
necessary to ensure both adequacy and uniformity of the minimum ELDT
training mandated by MAP-21.
This approach prevents individual driver-trainees from ``testing
out'' of any applicable training curriculums. The NPRM requires that,
for the theory portion of the training, all elements of each curriculum
be taught and a representative portion of each learning unit be
assessed by written or electronic means. Driver-trainees must achieve a
proficiency rate of at least 80 percent. In the case of BTW training,
the ELDTAC first developed a detailed curriculum for Class A and B
CDLs. The committee subsequently determined the minimum number of hours
necessary to complete the prescribed curricula. A driver-trainee's
competence will be evaluated by the training instructor who is
observing the driver-trainees while they are in direct control of the
CMV when performing the required elements of the BTW curriculum (noted
below) for both range and public road driving. All required driving
maneuvers must be performed to the satisfaction of the instructor and
the required minimum number of hours for Class A and Class B CDLs must
be logged. However, as noted above, the instructor has considerable
discretion in determining how the required training time will be spent
by each driver-trainee.
FMCSA believes that BTW training for entry-level drivers is
uniquely suited to an hours-based approach because it ensures that
driver-trainees will obtain the basic safe driving skills necessary to
obtain a Class A or Class B CDL and to operate their vehicles safely--
skills that can only be obtained after spending a reasonable amount of
time actually driving a CMV. All but two members of the ELDT supported
this approach; safety experts on the committee considered it a
requisite element of any meaningful effort to establish an ELDT
protocol at the federal level. Notably, Committee members representing
the professional training industry stated repeatedly that, when it
comes to the proficient operation of a CMV, there is simply no
substitute for experience. The proposed BTW hours requirement is
intended to ensure that driver-trainees receive a minimum level of that
experience.
Further, FMCSA notes that this relatively modest hours-based
approach proposed for BTW range training is coupled with required
driving exercises that would provide driver-trainees with the
opportunity to master basic maneuvers identified in the American
Association of Motor Vehicle Administrators (AAMVA)\12\ Commercial
Driver License Manual as well as 49 CFR 383.111 and 383.113. These BTW
range maneuvers include: Straight line backing, alley dock-backing,
off-set backing, parallel parking (blind side), and parallel parking
(sight side). The public road portion of BTW training for the Class A
and Class B CDL is also coupled with specified driving competencies
that the driver-trainees would be required to master, such as vehicle
controls (left and right turns, lane changes, curves at highway
speeds), shifting/transmission, communication/signaling, visual search,
speed and space management, and other safe driving behaviors.
---------------------------------------------------------------------------

\12\ The ELDTAC committee endorsed this manual as the basis for
the range and road training. FMCSA has docketed this material.
---------------------------------------------------------------------------

The ELDTAC gave extensive consideration to each driver-trainee
correctly performing these key driving skills 5 times for Class A
drivers (fewer times in the case of Class B), and having the training
provider maintain written documentation of such performance in a
``Master Trip Sheet'' or some comparable document. Ultimately, the
ELDTAC decided not to adopt this option--either in addition to, or in
lieu of, a minimum number of hours of BTW training requirement.
Instead, the ELDTAC recommended that FMCSA provide post-rule guidance
on the use of a ``trip sheet'' as an illustrative method by which BTW
training may be documented.
In the Agency's judgment, a hybrid approach combining minimum BTW
hours requirement with detailed curriculum requirements is the best way
to ensure that drivers will be adequately trained in the safe operation
of Class A and Class B CMVs. This approach is also consistent with the
recommendation included in the June 17, 2013, MCSAC Task 13-01 Report,
``Recommendations on Minimum Training Requirements for Entry-Level
Commercial Motor Vehicle (CMV) Operators'', which stated that ``the
majority of the group. . .believes that FMCSA should mandate both some
minimum behind-the-wheel training hours, along with performance-based
requirements that achieve competency.''
While two ELDTAC members opposed any minimum hours requirement for
BTW training, several members thought that the Consensus Agreement, as
reflected in this NPRM, should have required a higher number of BTW
training hours for Class A and B CDLs. Several ELDTAC members,
including the Commercial Vehicle Training Association (CVTA), noted
that ELDT programs currently offered in a variety of settings (e.g.,
community colleges, institutional training providers, motor carriers,
etc.) generally require more than the 30 BTW training hours proposed.
According to CVTA, ``since quality trainers were and are already
training in excess of this [proposed] amount of BTW time, incorporating
this BTW component imposes little or no burden on any individual
trainer or training program that is teaching the curriculum with the
diligence needed to produce safe drivers.'' \13\ (emphasis added). For
a more expansive review of existing ELDT program requirements, see the
RIA.
---------------------------------------------------------------------------

\13\ CVTA letter to ELDTAC facilitator Richard Parker, June 9,
2015.
---------------------------------------------------------------------------

Accordingly, we solicit comment on whether any minimum number of
BTW hours should be required. If there is a required minimum number of
hours for BTW training, we seek comment on whether the number of BTW
training hours proposed in this NPRM should be retained, lowered, or
increased. Further, because minimum hours are not proposed for BTW
training for the S and P endorsements or for the refresher training, we
also solicit comment on whether, and to what extent, a minimum hours
requirement should be added to the BTW portions of those curricula.
As previously noted, according to some ELDTAC members and the
Agency's own research, the minimum hours requirement for BTW proposed
in this NPRM falls below the requirements currently imposed by many
driver training programs. Some Committee members expressed concern that
this proposal would cause existing training providers to reduce their
level of training to reflect the proposed Federal minimum standard.
FMCSA does not believe that will necessarily occur. In

[[Page 11958]]

today's training environment, in which most States do not impose
requirements pertaining to ELDT training, one might expect drivers to
take only the bare minimum necessary to pass the CDL skills test. Yet
that is not the case. As discussed in the RIA, a substantial share of
driver trainees currently obtain training, often paid for by the motor
carriers themselves, that exceeds the requirements proposed by the
NPRM. The reason is that carriers and their insurers have a vested
interest in putting drivers on the road that can operate their CMVs
safely and efficiently and that the costs of such programs are fully
justified in light of the benefits to the motor carriers and the
drivers themselves. In light of this market-driven imperative, we do
not think it is reasonable to assume that training providers would
diminish the scope or length of their training in response to this
NPRM.

Third-Party Accreditation Versus Self-Certification

The ELDTAC considered whether to propose that ELDT programs subject
to this rule be accredited by third parties recognized by, for example,
ED or the Council for Higher Education Accreditation. Citing the cost
and potential administrative difficulties of implementing a third-party
accreditation requirement, the Committee rejected this approach in
favor of a self-certification process whereby training providers would
attest that they meet specified eligibility requirements for listing on
the TPR. The Committee approved the use of a detailed application, the
Training Provider Identification Report (described below in the
Paperwork Reduction Act section), designed to capture that
information.\14\ Training providers listed on the TPR would be subject
to audit or investigation by FMCSA and must, on request, produce
documentation establishing their compliance with the eligibility
requirements. FMCSA intends to provide post-rule guidance regarding
both suggested and required documentation, including the forms of
documentation identified in Annexes 7 and 8 of the ELDTAC Consensus
Agreement.
---------------------------------------------------------------------------

\14\ ELDTAC Meeting Minutes, April 9-10, 2015; May 14-15, 2015.
---------------------------------------------------------------------------

This approach is consistent with the MCSAC's recommendation that,
in lieu of third-party accreditation, ELDT programs rely on an approved
curriculum, quality assurance requirements for training providers, and
a self-certification process to ensure a minimum level of program
quality.\15\ Some ELDTAC members asserted that the level of specificity
of the new proposed reporting requirements alone could discourage
unscrupulous training providers from entering the training field or
from staying in the driver training business. In addition, such
requirements would provide FMCSA with information that might be used to
detect fraudulent training providers who may subsequently be removed
from the TPR in accordance with the procedures set forth in the NPRM,
and subject to other penalties.
---------------------------------------------------------------------------

\15\ MCSAC Task 13-01 Report, pp. 4-5.
---------------------------------------------------------------------------

ELDT Curricula

The Committee thoroughly considered the skills components and
theory elements included in the six curricula proposed in the NPRM. At
the outset, the ELDTAC agreed that the FHWA Model Curriculum would form
the basis for initial discussions. The entire ELDTAC made all final
decisions regarding curriculum content, based on detailed proposals by
curriculum-specific Work Groups, which were revised and refined
throughout the Committee's deliberations. FMCSA intends to provide
additional post-rule guidance concerning available resources which may
be used to supplement the required curricula, including those resources
specifically identified by the ELDTAC: Pipeline and Hazardous Materials
Safety Administration (PHMSA) basic HM awareness; \16\ training for
commercial drivers of cargo tank motor vehicles transporting HM created
jointly by the FMCSA, PHMSA, and industry partners; \17\ and the North
American Fatigue Management Program (NAFMP).\18\
---------------------------------------------------------------------------

\16\ https://www.phmsa.dot.gov/hazmat/outreach-training.
\17\ https://www.fmcsa.dot.gov/rolloverprevention.
\18\ https://www.nafmp.org.en/.
---------------------------------------------------------------------------

Activities on the range training consist of driving exercises that
provide practice for the development of basic control skills and
mastery of basic maneuvers as set forth in the American Association of
Motor Vehicle Administrators (AAMVA) manual on how to operate a CMV
safely. The experience on the range provides the groundwork for how to
drive on the road in real world situations. The practicing of skills on
the driving range will ultimately make a trainee a better driver. One
example of a skill taught on the range is shifting. This is a skill
that a trainee must master not only for acquiring their CDL, but also
when the individual is operating on a public road or highway. These
maneuvers/training topics are included in the road test that a trainee
will need to know and master in order to pass this test and acquire
their CDL. To maintain maximum flexibility, FMCSA did not propose that
a certain portion of the range training needed to precede road
training, but expects that trainers will require the completion of
basic maneuvers in a controlled environment before allowing a student
to operate on a public road.
FMCSA notes that ELDTAC did not propose a curriculum for Class C
CDL training because a Class C vehicle, must, by definition, be
designed to transport 16 or more passengers (including the driver) or
any hazardous materials as defined in 49 CFR 383.5. As such, the Class
C driver needs either a P or an H endorsement, and this NPRM proposes
training curricula for both of those endorsements. Class C training is
therefore effectively covered by the proposed endorsement training.
FMCSA seeks comment on the scope and content of the proposed
curricula. For example, FMCSA is aware that some carriers and owner-
operators utilize CMVs equipped only with an automatic transmission. In
the proposed curricula for Classes A and B, shifting/transmission is a
required element of both theory and BTW components of the training. We
invite comment on whether there should be an option to forego this
element of the training for driver-trainees who intend to operate CMVs
equipped only with automatic transmissions. Currently, for drivers who
take their CDL skills tests in a CMV equipped with an automatic
transmission, the State must indicate on the CDL that the person is
restricted from operating a CMV with a manual transmission (49 CFR
383.95(c)(1)).
FMCSA seeks comment on whether the hazardous material regulations
(HMR) training in 49 CFR 172.704 could be used or modified to satisfy
the H endorsement training in this proposed rule.

Data

One of the most significant challenges faced by both FMCSA and
ELDTAC is the limited quantitative or qualitative data correlating the
provision of any type of ELDT with positive safety outcomes, such as
crash reduction. During the ELDTAC deliberations, a Data Needs/Cost
Benefit Analysis Work Group was formed in order to focus specifically
on identifying and gathering relevant data. Although some members of
the Work Group submitted information in response to the data needs
outlined by FMCSA's economists at the outset of the ELDTAC's
deliberations and in subsequent

[[Page 11959]]

requests, none of the data provided was statistically adequate for use
in this rulemaking analysis. The Agency seeks comment, for example, on
whether the insurance industry provides discounted premiums to carriers
who train entry-level drivers, or who employ entry-level drivers who
have received training elsewhere (e.g., from a community college or
independent training school). The specific data needs related to this
proposal, as well as the efforts FMCSA made to obtain data throughout
the ELDTAC deliberations, are discussed in the RIA.
Impact of the NPRM on Small Training Provider Entities
During its deliberations, ELDTAC worked to ensure that the proposed
rule would not be unduly burdensome to small entities that provide
ELDT. The small business representatives on the ELDTAC provided
valuable contributions in this regard. Based on their input, there are
several regulatory elements in today's proposal tailored specifically
to meet the needs of small training provider entities.
First, the Committee decided not to propose that any training
entity maintain its own designated driving range. Instead, the NPRM
sets forth the proposed elements that any area would meet in order to
be suitable for range training. This approach provides the flexibility
for small training entities to use publicly available areas, such as
office building or mall parking lots during ``off'' hours for range
training, so long as the basic definitional requirements (e.g., range
area must be free of obstructions and permit adequate sight lines) are
met. The Agency requests comments on the practicability of this
proposed approach. FMCSA notes that if training is done in a publicly
accessible area such as a mall parking lot, all CLP requirements apply.
Second, the Committee considered proposing requirements pertaining
to classroom facilities used for teaching the theory portion of the
curricula, such as adequate ventilation, adequate space per driver-
trainees, etc. However, in deference to the concerns of small training
providers, the Committee ultimately chose not to propose any standards
in this NPRM regarding the physical learning environment for theory
training. We note, however, that it is outside the scope of this
proposal, as well as FMCSA's authority and the ELDTAC's jurisdiction,
to propose any changes in classroom facility requirements currently
imposed at the local, State, or Federal levels.
Third, this proposal reflects the ELDTAC's intent to impose fewer
eligibility requirements regarding the instructional personnel of
training providers who train, or expect to train, three or fewer entry-
level drivers per year. For example, while instructors affiliated with
these providers must have a valid CDL of the appropriate or higher
class and endorsements required to operate the CMVs for which training
is provided, plus at least one year of driving experience in those
vehicles, they would not be required to have completed training in the
on-road portion of the curriculum in which they are instructing (a
requirement that is imposed on instructors affiliated with providers
training more than three drivers per year).
Finally, ELDTAC decided not to propose that these small training
entities provide written training materials addressing the various
curricula elements proposed in this NPRM, in an effort to lessen the
administrative burden on such entities.
Based on the Agency's review of supporting documents to the
consensus agreement, we infer that the Committee also intended to
exempt instructors affiliated with providers training three or fewer
drivers per year from State requirements currently applicable to CMV
instructors. We note, however that the Agency has no legal authority to
do so.
Further, the Agency notes the relative ease with which all training
providers, regardless of size, would be able to apply for and obtain
listing on the TPR. The process would be entirely electronic,
eliminating any need for paperwork. Listing on the TPR would be
accomplished solely by the training providers' completion of the FMCSA
Entry-Level Driver Training Provider Identification Report; there is no
separate requirement that the training provider be accredited by a
third-party. In declining to impose such a requirement, the Committee
specifically cited the costs associated with third-party accreditation
and the disproportionate impact of such a requirement on small training
providers. In addition, the certification that a driver has completed
training would also be accomplished electronically.
The Agency seeks comment from small business entities regarding any
specific changes to the NPRM that would further lessen the regulatory
burden imposed by these training requirements.

Major Issues on Which the Agency Seeks Comment

FMCSA has requested comment on several issues throughout this
section. The Agency specifically seeks comments on the following
topics.
1. Is there any additional data on the safety benefits of requiring
ELDT training that you can provide (e.g. demonstrated crash reduction
as a result of training)?
2. As proposed, would the training be effective in improving
safety? If so, what aspects of the proposal would be effective in
improving safety? If not, how could the training be delivered more
effectively than proposed?
3. Is there any duplication in the commercial learner's permit exam
and ELDT theory training? If yes, should it be eliminated or minimized?
4. FMCSA proposed a specific number of required hours for the BTW
training for Class A and B. First, should there be a required number of
BTW hours for these two programs? If so, is FMCSA's proposal for 30
hours (Class A) and 15 hours (Class B) appropriate?
5. If there is not a required number of behind the wheel hours,
what alternative would be appropriate to ensure adequate BTW training
for Class A and B? Would a requirement that is expressed in terms of
outcomes rather than specifying the means to those ends be more
appropriate?
6. FMCSA allowed training providers flexibility by using either
clock-hours or academic hours depending on the type of entity that
offers the training (e.g. community college vice carrier provided
trainer). FMCSA requests comment on whether training providers should
be allowed to use academic hours versus clock-hours. Furthermore, FMCSA
asks for input regarding whether there is a discernable difference
between the two concepts.
7. MAP-21 did not mandate that FMCSA include the ``S'' endorsement
as part of the required training. Given the devastating consequences of
unsafe school bus operation, should the ``S'' endorsement training be
retained in the final rule?
8. The Agency did not propose that the theory, BTW range, and BTW
public road training occur in a specific sequence in order to allow
training providers the flexibility to determine how they would
structure their programs. FMCSA requests comment on whether there
should be a particular order associated with the theory, BTW range, and
BTW public road curricula.

Section-by-Section Explanation of the Proposed Changes

Subpart E of Part 380

Subpart E would be retitled as ``Subpart E--Entry-Level Driver
Training Requirements Before [DATE 3

[[Page 11960]]

YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].'' On the compliance
date of the final rule, this subpart would be removed and reserved and
replaced by new subparts F and G.

New Subpart F of Part 380

The proposed entry-level driver training requirements that would
replace those in current subpart E would be titled ``Subpart F--Entry-
Level Driver Training Requirements On and After [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL RULE].''

Sec. 380.600 Compliance Date for Training Requirements for Entry-Level
Drivers

This section states that the compliance date would be three years
after the effective date of the final rule.

Sec. 380.601 Purpose and Scope

This proposed section specifies that Subpart F establishes
requirements for entry-level drivers, minimum curriculum content, and
standards for training providers. Proposed Sec. 380.601 further
specifies that the term ``ELDT'' applies only to individuals initially
applying for a CDL or for a CDL upgrade and does not otherwise amend
substantive CDL requirements in parts 383 and 384 beyond the changes
authorized by MAP-21.

Sec. 380.603 Applicability

This proposed section explains that ELDT applies to all entry-level
drivers, defined in this subpart, who intend to drive CMVs, as defined
in Sec. 383.5, in interstate and/or intrastate commerce. This section
specifically excludes from its scope drivers excepted under Sec.
383.3(c), (d), and (h), and those drivers applying for a restricted CDL
under Sec. 383.3(e) through (g). These exceptions cover many groups of
drivers, including military drivers, farmers, and firefighters;
veterans with military CMV experience who meet all the requirements and
conditions of Sec. 383.77; or applicants seeking restricted CDLs from
Alaska, farm-related service industries, and the pyrotechnics industry.
This proposal applies only to those individuals who, upon the
compliance date, would need to obtain a CDL (or a CDL upgrade or
endorsement) and does not otherwise amend substantive CDL requirements
in parts 383 and 384.
Veterans with military CMV experience who meet all the requirements
and conditions of Sec. 383.77 would be excepted if the State waives
the skills test, though they would still need to take the State's
written test. These requirements apply to individuals who obtain the
CLP on or after the compliance date. Any individual who fails to obtain
the CDL within 360 days after obtaining a CLP would be required to
complete a full ELDT course following application for a new CLP.
Once an entry-level driver receives training certification
qualifying him or her to take the CDL skills test and/or the applicable
endorsement skills test for the first time, the person is not required
to obtain such certification again. However, if a CDL holder is
disqualified from operating a CMV, a driver must take refresher
training, as set forth in Sec. 380.625, before reapplying for a CDL or
endorsement.

Sec. 380.605 Definitions

FMCSA created a new definition for this subpart for behind-the-
wheel (BTW) instructor, behind-the-wheel (BTW) range training, behind-
the-wheel (BTW) public road training, entry-level driver, entry-level
driver training, experienced driver, range, refresher training, theory
instruction,\19\ theory instructor, and training provider.
---------------------------------------------------------------------------

\19\ The Agency anticipates that online theory training
providers will enter the training market after publication of a
final rule (the NPRM permits theory and BTW training to be provided
by separate entities). We expect that online training will represent
a lower cost and less time-consuming option than the traditional
classroom setting, lessening the burden on driver-trainees.
---------------------------------------------------------------------------

In the definition of ``BTW instructor'' the Committee agreed to the
requirement of 1 year of CMV experience driving or 1 year or experience
as a BTW instructor. The Consensus Agreement included a statement that
2 or more years of such experience ``is preferable.'' \20\ The
Committee agreed that FMCSA should solicit comment on whether the two-
year requirement would affect the applicability of State laws relating
to instructors or training providers.
---------------------------------------------------------------------------

\20\ Consensus Agreement, pg. 46, footnote 3.
---------------------------------------------------------------------------

Sec. 380.609 Entry-Level Driver Training Requirements

This proposed section explains in detail that an applicant for a
CDL must complete training that meets the applicable requirements for
the CDL class and endorsements (i.e., Class A, Class B, passenger,
school bus, or hazardous materials) from a provider listed on FMCSA's
TPR. Paragraph (c) provides that CDL holders who are disqualified from
operating a CMV, must complete refresher training from a training
provider listed on the TPR.

Sec. 380.611 Entry-Level Driver Training Provider Requirements

This proposed section states that training providers must, at a
minimum, meet the requirements of part 380 subpart G, and these
training providers must attest that they meet those requirements. Upon
request, training providers must supply documentary evidence to verify
that they meet the requirements in subpart G.
As proposed, training in the theory and BTW portions of the
curricula may be offered by the same or different training providers as
long as the provider is listed on the TPR. The NPRM does not propose
that the theory and BTW portions of the curricula be instructed in any
particular order, although ELDTAC members suggested that the industry
norm is that theory training precedes BTW (range and public road)
training. If theory and BTW training is received from separate
providers, FMCSA would not transmit training certification to the SDLA
until it receives notice of successful completion of both theory and
BTW (range and public road) training, when applicable. The Agency
requests comment on whether the rule should require that theory and BTW
training be taken sequentially and specifically whether theory training
should be required before taking the State-administered written test to
obtain a CLP.

Sec. 380.613 Class A--CDL Training Curriculum

This proposed section would require drivers seeking a Class A CDL
to successfully complete the Class A curriculum outlined in this
section. There is no minimum number of instruction hours proposed for
the theory training, but the training provider would cover all of the
topics set forth in the curriculum. The driver-trainees would also
complete a minimum of 30 hours of BTW training with a minimum of 10
hours spent driving on a range. Driving on a public road would also be
required, and Class A CDL driver-trainees may fulfill this requirement
by either (1) driving 10 hours on a public road, or (2) 10 public road
trips (each no less than 50 minutes in duration). The training provider
will determine how the remaining 10 hours of BTW training will be spent
(i.e., whether on a range or public road, or some combination of the
two). The mandatory minimum number of hours of BTW training would be
conducted in a CMV for which a Class A CDL would be required.

[[Page 11961]]

Sec. 380.615 Class B--CDL Training Curriculum

This proposed section would require drivers seeking a Class B CDL
to complete the Class B curriculum outlined in this section. No minimum
number of instruction hours for theory training is proposed, but the
training provider would cover all of the topics set forth in the
curriculum. The driver-trainees would also complete a minimum of 15
hours of BTW driving training, with a minimum of 7 hours of public road
driving. Training providers may determine how the remaining 8 hours of
BTW training are spent, as long as the range curriculum, as set forth
below, is covered. The mandatory minimum number of hours of BTW driving
training would be conducted in a CMV for which a Class B CDL would be
required.

Sec. 380.619 Passenger Endorsement Training Curriculum

This proposed section sets forth the proposed training requirements
and curriculum for CMV drivers seeking a passenger (P) endorsement. As
proposed, there is no minimum number of instruction hours for the
theory and BTW (range and public road) portions of the P endorsement
training, but the training provider would cover all of the topics set
forth in the curriculum. The training would be conducted in a
representative vehicle for the P endorsement.

Sec. 380.621 School Bus Endorsement Training Curriculum

FMCSA proposes a curriculum to address the specific training needs
of a CMV driver seeking an S endorsement on a CDL. As proposed, there
is no minimum number of hours for the theory and BTW (range and public
road) portions of the S endorsement training, but the training provider
would cover all of the topics set forth in the curriculum. The training
would be conducted in a representative vehicle for the S endorsement.

Sec. 380.623 Hazardous materials training curriculum

This proposed section sets forth the training requirements and
curriculum for a CMV driver seeking a hazardous materials (H)
endorsement. As proposed, there is no minimum number of instruction
hours for this training. This proposed training would be theory-only
because the current CDL requirement to obtain an H endorsement does not
include a skills test.

Sec. 380.625 Refresher Training Curriculum

This proposed section specifies the refresher training for CDL
holders who are disqualified from operating a CMV (49 CFR 383.51(b)
through (e)). These individuals would be required to complete refresher
training from a provider listed on the TPR. As proposed, there is no
minimum number of instruction hours for the theory and BTW (range and
public road) portions of the refresher training, but the training
provider would cover all of the topics set forth in the curriculum.

49 CFR Part 380, Subpart G Registry of Entry-Level Driver Training
Providers

Sec. 380.700 Scope

This proposed section establishes the minimum qualifications for an
entity to be eligible for listing on the FMCSA Training Provider
Registry (TPR). The TPR would be an online portal administered by FMCSA
allowing training providers to register. The TPR allows drivers seeking
training to find an eligible provider who meets their needs.

Sec. 380.703 Requirements for Training Provider Registry

This proposed section outlines the requirements that a training
provider would meet in order to be eligible for listing on the TPR.
Training providers would agree to follow the applicable curriculum for
the CDL class and/or endorsement for which they provide training.
Additionally, the training provider would utilize instructors,
facilities, and equipment that meet the proposed requirements. Third,
the training provider would allow FMCSA or its designated
representative to conduct audits or investigations to ensure that the
provider meets the eligibility criteria for listing on the TPR.
Finally, the training provider would complete the FMCSA Entry-Level
Driver Training Provider Identification Report [See appendix for part
380], which provides basic business information to FMCSA and also
includes an attestation, under penalties of perjury, that the provider
meets all of the requirements for listing on the TPR. This section also
provides that once a training provider meets the requirements of
Sec. Sec. 380.703 and 380.707, the training provider would receive a
unique TPR number from FMCSA for each separate training location to be
listed on the TPR.

Sec. 380.707 Entry-Level Training Provider

This proposed section would require that the training provider
ensure that public road driver-trainees meet certain Federal, State,
and local rules and regulations related to their ability to obtain a
CDL. This section reiterates that training providers would follow the
applicable curriculum for the CDL class or endorsement for which they
provide training. In addition, the training provider would offer
reasonable assurance that driver-trainees can demonstrate proficiency
in the theory and/or BTW (range and public road) portions of the
curriculum.

Sec. 380.709 Facilities

This proposed section includes a requirement that the classroom
facilities meet all currently applicable Federal, State, and local laws
and regulations. For reasons noted previously, FMCSA is not imposing
any requirements related to classroom facilities.
The driving range, as defined in Sec. 380.605, must be free of
obstructions, enable the driver to maneuver safely and be free from
interference from other vehicles and hazards, and have adequate sight
lines. A training provider that teaches the range portion of the
curriculum would have an instructor onsite who can demonstrate
appropriate skills and correct deficiencies of individual driver-
trainees.

Sec. 380.711 Equipment

This section proposes that training providers use training vehicles
that are in safe mechanical condition. Vehicles used for BTW training
would comply with applicable Federal and State safety requirements.
Driver-trainees would be instructed in the same class (i.e., Class A or
Class B) and type of vehicle (cargo, passenger or school bus) that they
will be operating for their CDL skills test.

Sec. 380.713 Driver-Instructor Qualifications/Requirements

This section proposes that theory training providers utilize
instructors who are either an experienced driver or a theory instructor
as defined in Sec. 380.605. BTW training providers would be required
to utilize experienced drivers as defined in Sec. 380.605. In
addition, BTW training instructors, during the two years prior to
engaging in BTW instruction, must not have had a disqualification, as
defined by Sec. 383.5, under Sec. 383.51(b) through (e). Training
providers would also be required to utilize only BTW instructors on
public roads whose driving record meets applicable Federal and State
requirements.

Sec. 380.715 Assessments

This section proposes that training providers assess (in written or
electronic

[[Page 11962]]

format) the driver-trainee's mastery of the knowledge objectives
covered in the applicable theory portion of the training. In order to
pass, a driver-trainee must receive an overall score of 80% or higher
on the assessment. A driver-trainee's BTW proficiency on the range
would be assessed by the instructor's evaluation of his or her
performance of the fundamental vehicle control skills and routine
driving procedures, as set forth in the applicable curricula
requirements. Likewise, BTW proficiency on a public road would be
assessed by observing the driver-trainee's performance of the driving
maneuvers specified in the curriculum. As noted above, theory and BTW
training could be delivered by separate providers.

Sec. 380.717 Training Certification

This section proposes that all training providers be required to
upload training certificates to the TPR by close of the next business
day after the driver-trainee successfully completes the training. The
Agency would transmit the certification to the SDLA via CDLIS. This
certificate would include:
(a) Driver name, CDL/CLP number, and State of licensure;
(b) Vehicle class and/or endorsement training the individual
received;
(c) Name and TPR identification number of the training provider;
and
(d) Date of successful completion of the training.

Sec. 380.719 Requirements for Continued Listing on the Training
Provider Registry

The Agency proposes that, in order to remain on the TPR, a training
provider would continue to ensure that its program meets the
requirements defined in Sec. 380.703 as well as all applicable State
training licensure, registration, certification, or accreditation
requirements. The goal is not to attempt to enforce State requirements,
but to ensure that a training provider that fails to satisfy applicable
State requirements should not remain on the TPR. In addition, a
training provider would update its FMCSA Entry-Level Driver Training
Provider Identification Report biennially and report changes in key
information to FMCSA within 30 days of the change. Key information
changes would include a change in the status of a training provider
based on the number of driver-trainees actually trained in a twelve-
month period. For example, if, when submitting the report form, a
training provider anticipated training three or fewer driver-trainees
annually, but in fact trained more than three, that provider would no
longer be eligible for treatment as a small training provider. The
provider's change in status would be updated on the report form and the
provider would thereafter be subject to all requirements of Sec.
380.707 (a) through (d). We invite comment regarding this proposed
requirement. The training provider would also maintain required
documentation as set forth in Sec. 380.725 and ensure such
documentation is available upon request to FMCSA or its authorized
representative. Finally, in order to be eligible for continued listing
on the TPR, training providers would allow FMCSA or its authorized
representative to conduct an audit or investigation of the provider's
operations.

Sec. 380.721 Removal From the Training Providers Registry: Factors
Considered

This section proposes that FMCSA may rely on a variety of factors
to determine whether to remove a training provider from the TPR,
including, but not limited to:
The provider's failure to comply with the requirements for
continued listing on the TPR, as described in Sec. 380.719.
The provider's failure to permit FMCSA or its authorized
representative the opportunity to conduct an audit or investigation of
its operations.
The audit conducted by FMCSA or its authorized
representative identifies material deficiencies in the training
provider's compliance with the eligibility requirements for listing on
the TPR.
The training provider falsely claims to be authorized to
provide training in accordance with the applicable laws and regulations
in any State in which the provider conducts training.
The SDLA CDL exam passage rate of those individuals who
successfully complete the provider's training is abnormally low. FMCSA
is not establishing a minimum required CDL passage rate, but would use
this information in the context of State norms.
There is evidence of fraud or other criminal behavior by
the training provider.

Sec. 380.723 Removal From the Training Provider Registry: Procedure

FMCSA would establish procedures for removing training providers
from the TPR based on the failure of the training provider to meet the
applicable requirements under 49 CFR part 380. This section proposes
that the Agency provide the training provider with a notice stating the
reason for the proposed removal and any corrective actions the training
provider must take in order to remain listed on the TPR. The training
provider must notify current driver-trainees, as well as those persons
scheduled for future training, that it has received a notice of
proposed removal. Training conducted after the issuance of a notice of
proposed removal would not be compliant and, therefore, not valid for
issuance of a CDL, until FMCSA withdraws the notice.
A training provider that wishes to remain listed on the TPR would
have to provide a written response to the Director, Office of Carrier,
Driver, and Vehicle Safety Standards (Director), within 30 days of the
proposed removal, explaining why it believes that decision is not
proper or setting forth the corrective actions that the training
provider will take, or has taken. Within 60 days, the Director would
notify the training provider of the Director's decision. Within 30 days
of its removal from the TPR, a training provider may submit a written
request for review of the Director's decision to the FMCSA Associate
Administrator of Policy.
The ELDTAC discussed the effect of a training provider's
involuntary removal from the TPR on those driver-trainees enrolled in
that provider's program at the time of the removal, but who have not
yet completed their course of training. The Committee ultimately
decided that this is an issue appropriately left to negotiations
between driver-trainees and the training provider.
In extreme circumstances, the Director may immediately remove a
training provider from the TPR. An extreme circumstance may include,
for example, issuance of a training certificate without a training
provider actually providing any training. Alternatively, training
providers may voluntarily remove themselves from the TPR by submitting
a written request to the Director.
These proposed removal procedures are based on the process
currently used in Sec. 390.115, Procedure for removal from the
National Registry of Certified Medical Examiners. The Agency seeks
comment on whether there are preferable alternative approaches to the
removal of training providers from the TPR.

Sec. 380.725 Documentation and Record Retention

This section proposes the documents that training providers must
maintain and for how long. All training providers would maintain these
records for 3 years from the date they were created, consistent with
Sec. 391.51, General requirements for driver qualification files.

[[Page 11963]]

49 CFR Part 383, Commercial Driver's License Standards; Requirements
and Penalties

Sec. 383.51 Disqualification of Drivers

A new paragraph (a)(8) proposes that CDL holder may not be fully
reinstated after a disqualification from operating a CMV under Sec.
383.51 (b) through (e) until the individual successfully completes the
refresher training curriculum in Sec. 380.625.

Sec. 383.71 Driver Application Procedures

New paragraphs (a)(3), (b)(11), and (e)(3) through (5) propose the
successful completion of the training prescribed in part 380, subpart
F, before an initial Class A or B CDL, or a CDL with a hazardous
materials, passenger, or school bus endorsement, or an upgrade to the
CDL is issued. In addition, paragraph (a)(4) would require driver-
trainees who have successfully completed the theory portion of the
training to complete the skills portion within 360 days, except for
driver-trainees seeking the H endorsement (for which the skills test is
not required).

Sec. 383.73 State Procedures

New paragraphs (b)(10) and (c)(8), and a revised paragraph
(b)(3)(ii) propose to prohibit a State from issuing an initial Class A
or B CDL, or a CDL with a hazardous materials, passenger, or school bus
endorsement, or an upgrade to a CDL unless the SDLA has received
electronic certification indicating completion of the ELDT requirements
in part 380.

Sec. 383.95 Restrictions

New paragraph (h) proposes to allow limited commercial driving
privileges after a CDL holder has been disqualified from operating a
CMV under Sec. 383.51(b) through (e). The State would reinstate the
CDL solely for the limited purpose of the driver's completion of the
BTW portion of the refresher training curriculum in Sec. 380.625. The
State may not restore full CMV driving privileges until the State
receives notification that the driver successfully completed the
refresher training curriculum.

Sec. 383.153 Information on the CLP and CDL Documents and Applications

New paragraph (a)(10)(ix) would designate ``R'' as the code for the
refresher training restriction on a CDL.

49 CFR Part 384--State Compliance With Commercial Driver's License
Program

Sec. 384.230 Entry-Level Driver Certification

On or after the compliance date of the final rule, a State may not
issue an initial Class A or B CDL; an initial CDL with a hazardous
materials, passenger, or school bus endorsement; or a CDL upgraded from
one class to another; or may not upgrade a CDL with a hazardous
materials, passenger, or school bus endorsement, unless it follows the
procedures prescribed in Sec. 383.73 of this subchapter for verifying
that a person received training from a provider listed on the TPR. A
State may issue a CDL to an individual who obtained a CLP before the
compliance date when such an individual has not complied with Sec.
380.603(c)(1), as long as the individual obtains a CDL within 360 days
after obtaining a CLP. A State may not issue a CDL to an individual who
obtains a CLP on or after the compliance date of the final rule unless
they comply with Sec. 380.603.

Sec. 384.301 Substantial Compliance--General Requirements

States would be required to comply with the new ELDT requirements
within three years of the effective date of the final rule.

VIII. Regulatory Analyses

A. Executive Order 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures as Supplemented by E.O. 13563

FMCSA has determined that this rulemaking is an economically
significant regulatory action under Executive Order (E.O.) 12866,
Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR
3821, January 21, 2011). It also is significant under Department of
Transportation regulatory policies and procedures because the economic
costs and benefits of the rule exceed the $100 million annual threshold
and because of the substantial congressional and public interest
concerning the lack of Federal entry-level driver training
requirements. A draft regulatory impact analysis is available in the
docket as indicated under the ``Public Participation and Request for
Comments'' section of this preamble.

Summary of Estimated Costs

Entry-level drivers, motor carriers, training providers, SDLAs, and
the Federal Government would incur costs for compliance and
implementation. The costs of the rule include tuition expenses, the
opportunity cost of time while in training, compliance audit costs, and
costs associated with the implementation of the TPR. As shown in Table
1 above, FMCSA estimates that the 10-year cost of the proposed rule
would total $5.55 billion on an undiscounted basis, $4.86 billion
discounted at 3%, and $4.15 billion discounted at 7% (all in 2014
dollars).

Summary of Estimated Benefits

This proposed rule would result in benefits to CMV operators, the
trucking industry, the traveling public, and to the environment. FMCSA
estimated benefits in two broad categories: Non-safety benefits and
safety benefits. Training would lead to more efficient driving
techniques, resulting in a reduction in fuel consumption and
consequently lowering environmental impacts associated with carbon
dioxide emissions. Training that promotes safer, more efficient driving
has been shown to reduce maintenance and repair costs. Training related
to the performance of complex tasks may improve performance; in the
context of the training required by this proposed rule, improvement in
task performance may reduce the frequency and severity of crashes
thereby resulting in safer roadways for all. As stated in the stand-
alone regulatory impact analysis, however, lack of data directly
linking training to improvements in safety outcomes (such as reduced
crash frequency or severity) necessitated that the Agency perform a
threshold analysis, consistent with OMB Circular A-4 guidance, to
determine the degree of safety benefits that would need to occur as a
consequence of this proposed rule in order for the rule to achieve
cost-neutrality.\21\
---------------------------------------------------------------------------

\21\ Office of Management and Budget. Circular A-4. Regulatory
Analysis. September 17, 2003. Available at: https://www.whitehouse.gov/omb/circulars_a004_a-4/ (accessed July 23, 2015).
---------------------------------------------------------------------------

Absent any quantified safety benefits, as shown in table 2 of
section B. Summary of Major Provisions, the directly quantifiable
benefits over the 10-year period of 2020 to 2029 attributable to the
proposed rule total $2.68 billion on an undiscounted basis, $2.33
billion discounted at 3 percent, and $1.99 billion discounted at 7
percent (all in 2014 dollars).
The net cost of this proposed rule (net of costs and quantifiable
benefits) over the 10-year period of 2020 to 2029, for which the
threshold analysis estimated the degree of safety benefits necessary to
offset, total $2.54 billion discounted at 3 percent, and $2.16 billion
discounted at 7 percent. On an annualized basis,

[[Page 11964]]

these net costs equate to $289 million amortized at 3 percent and $287
million amortized at 7 percent.
As documented in detail in the RIA, an 8.15% improvement in safety
performance (that is, an 8.15% reduction in the frequency of crashes
involving those new entry-level drivers who would receive additional
pre-CDL training as a result of this proposed rule during the period
for which the benefit of training remains intact) is necessary to
offset the net cost of the rule. The RIA is available in the docket.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat.
1164 (5 U.S.C. 601-612), as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, March
29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111-240, 124
Stat. 2504 September 27, 2010), requires Federal agencies to consider
the effects of the regulatory action on small business and other small
entities and to minimize any significant economic impact. The term
``small entities'' comprises small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. FMCSA has not determined whether this proposed rule would
have a significant economic impact on a substantial number of small
entities. Therefore, FMCSA is publishing this initial regulatory
flexibility analysis (IRFA) to aid the public in commenting on the
potential small business impacts of the proposals in this NPRM. We
invite all interested parties to submit data and information regarding
the potential economic impact that would result from adoption of the
proposals in this NPRM. We will consider all comments received in the
public comment process when making a determination in the Final
Regulatory Flexibility Assessment.
An IRFA, which must accompany this NPRM, must include six
components. See 5 U.S.C. 603(b) and (c). The Agency has listed these
components and addresses each section with regard to this NPRM.
A description of the reasons why the action by the agency
is being considered;
A succinct statement of the objective of, and legal basis
for, the proposed rule;
A description of and, where feasible, an estimate of the
number of small entities to which the proposed rule will apply;
A description of the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
An identification, to the extent practicable, of all
relevant federal rules that may duplicate, overlap, or conflict with
the proposed rule; and
A description of any significant alternatives to the
proposed rule which accomplish the stated objectives of applicable
statutes and which minimize any significant economic impact of the
proposed rule on small entities.
Why the Action by the Agency Is Being Considered
Section 4007(a) of Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA) (Pub. L. 102-240, December 18, 1991, 105 Stat. 1914,
2151) directed the Secretary of Transportation to undertake a
rulemaking on the need to require training of all entry-level drivers
of ``CMVs.'' The Agency has since published multiple rulemakings that
would require training of entry-level drivers of CMVs, but has not
published a final rule that was upheld in the courts. The proposed rule
also responds to the March 10, 2015, order of the U.S. Court of Appeals
for the District of Columbia Circuit.
In August 2014, FMCSA formally announced that it was considering
whether to address this rulemaking through a negotiated rulemaking.
Based on the Negotiated Rulemaking Act (5 U.S.C. 561-570), the Agency
retained a neutral convener, as authorized under 5 U.S.C. 563(b), to
interview interested parties and examine the potential for a balanced
representation of these interests on an advisory committee (79 FR
49044-45). This proposal is based on the conclusions and
recommendations of the advisory committee.
The Agency is proposing this rule to mandate training for entry-
level drivers that are required to obtain a CDL or endorsement.
The Objectives of and Legal Basis for the Proposed Rule
The NPRM is based on the authority of the Motor Carrier Act of 1935
and the Motor Carrier Safety Act of 1984, the Commercial Vehicle Safety
Act of 1986, and Section 32304 of the Moving Ahead for Progress in the
21st Century Act (MAP-21).
FMCSA proposes to mandate standards for minimum training
requirements for entry-level drivers of CMVs operating in interstate
and intrastate commerce that are applying for a CDL or certain
endorsements. The main objective of this proposal is to improve highway
safety by ensuring that entry-level CMV drivers receive appropriate
training that takes into consideration the type of activities they
perform.
A Description of and Where Feasible an Estimate of the Number of Small
Entities To Which the Proposed Rule Will Apply
``Small entity'' is defined in 5 U.S.C. 601. Section 601(3) defines
a ``small entity'' as having the same meaning as ``small business
concern'' under section 3 of the Small Business Act. This includes any
small business concern that is independently owned and operated, and is
not dominant in its field of operation. Section 601(4), likewise
includes within the definition of ``small entities'' not-for-profit
enterprises that are independently owned and operated, and are not
dominant in their fields of operation. Additionally, section 601(5)
defines ``small entities'' as governments of cities, counties, towns,
townships, villages, school districts, or special districts with
populations less than 50,000.
This proposed rule would affect entry-level drivers, motor
carriers, and training providers. This proposed rule would directly
apply to entry-level drivers seeking to obtain a CDL or a hazardous
materials (H), passenger (P), or school bus (S) endorsement. Entry-
level drivers are not small entities as defined by the U.S. Small
Business Administration (SBA), and are therefore not included in this
IRFA.
This proposed rule does not directly regulate motor carriers, but
it could indirectly affect either their motor carrier operations or
their in-house training operations. A potential concern is that this
proposed rule could constrain their ability to hire entry-level drivers
by either constricting the pool of available entry-level drivers or
increasing the market wage for entry-level drivers. However, as
discussed in the RIA, most of the industry is already completing
training at least equal to the requirements of this proposed rule and
FMCSA does not think that the minimal requirements of this proposed
rule would lead to a driver shortage, or increased wages. Furthermore,
small- to

[[Page 11965]]

medium-sized motor carriers tend to hire drivers with at least two
years' experience driving a CMV due to insurance requirements
inhibiting their ability to hire entry-level drivers. Additionally,
owner-operators have generally driven a CMV with a motor carrier
employer for a number of years before deciding to run their own
business. FMCSA does not believe that this proposed rule would affect
the transportation operations of motor carriers. Some motor carriers
offer in-house training to entry-level drivers and would choose to
become training providers under this NPRM; these motor carriers tend to
be larger in size, operating more than 100 power units. As shown in
Table IFRA 1, the SBA size standard for truck transportation is
currently $27.5 million in revenue per year, and the size standard for
transit and passenger ground transportation is $15 million in revenue
per year.
Components of this proposed rule would apply to training providers
that choose to become registered with FMCSA through inclusion on the
TPR. These training providers could be training schools, educational
institutions, motor carriers offering in-house training to their
employees or prospective employees, local governments or school
districts providing training to transit agency or school bus driver
employees.
These training providers operate under many different North
American Industry Classification System \22\ (NAICS) codes with
differing size standards. As shown in table IFRA 1 below, the SBA size
standard for educational services ranges from $7.5 million in revenue
per year for apprenticeship training, to $27.5 million in revenue per
year for colleges. Motor carriers operating in-house training programs
or contractors providing transportation services for transit agencies
and school districts would be classified under truck transportation or
transit and passenger ground transportation, with size standards of
$27.5 million and $15 million, respectively. School districts and
transit agencies with modes requiring the vehicle operator to obtain a
CDL train their own employees or prospective employees and would become
certified training providers. The size standard for small governments
is those with populations less than 50,000.
---------------------------------------------------------------------------

\22\ More information about NAICS is available at: https://www.census.gov/eos/www/naics/ (accessed July 21, 2015).

Table IFRA 1--SBA Size Standards for Selected Industries
[In millions of 2014$]
------------------------------------------------------------------------
NAICS industry SBA size
NAICS code description standard
------------------------------------------------------------------------
Subsector 484--Truck Transportation
------------------------------------------------------------------------
484110......................... General Freight $27.5
Trucking, Local.
484121......................... General Freight 27.5
Trucking, Long-
Distance, Truckload.
484122......................... General Freight 27.5
Trucking, Long-
Distance, Less Than
Truckload.
484210......................... Used Household and 27.5
Office Goods Moving.
484220......................... Specialized Freight 27.5
(except Used Goods)
Trucking, Local.
484230......................... Specialized Freight 27.5
(except Used Goods)
Trucking, Long-
Distance.
------------------------------------------------------------------------
Subsector 485--Transit and Ground Passenger Transportation
------------------------------------------------------------------------
485113......................... Bus and Other Motor 15.0
Vehicle Transit
Systems.
485210......................... Interurban and Rural 15.0
Bus Transportation.
485410......................... School and Employee Bus 15.0
Transportation.
485510......................... Charter Bus Industry... 15.0
------------------------------------------------------------------------
Subsector 611--Educational Services
------------------------------------------------------------------------
611210......................... Junior Colleges........ 20.5
611310......................... Colleges, Universities 27.5
and Professional
Schools.
611513......................... Apprenticeship Training 7.5
611519......................... Other Technical and 15.0
Trade School.
6115193........................ Truck Driving Schools.. 15.0
------------------------------------------------------------------------
Sector 92--Public Administration
------------------------------------------------------------------------
Small business size standards are not established for this Sector.
Establishments in the Public Administration Sector are Federal, State,
and local government agencies which administer and oversee government
programs and activities that are not performed by private
establishments.
------------------------------------------------------------------------

FMCSA examined data from the 2007 Economic Census, the most recent
Census for which data were available, to determine the percentage of
firms that have revenue at or below SBA's thresholds.\23\ Although
boundaries for the revenue categories used in the Economic Census do
not exactly coincide with the SBA thresholds, FMCSA was able to make
reasonable estimates using these data.
---------------------------------------------------------------------------

\23\ U. S. Census Bureau. 2007 Economic Census. Available at:
https://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml
(accessed August 7, 2015).
---------------------------------------------------------------------------

Motor carrier operations in the Truck Transportation industry and
in the Transit and Ground Passenger industry primarily earn their
revenue via the movement of people and goods. Very few of these firms
would choose to become training providers, and FMCSA estimates that
those firms that do train their own employees or prospective employees
are generally larger in size. FMCSA does not know how many motor
carriers provide in-house training, but is confident that the number of
small entities in these industries who would chose to become certified
training providers is a small

[[Page 11966]]

subset of those small entities listed below. According to the Economic
Census, about 99% of trucking firms had annual revenue less than $25
million; the Agency concluded that the percentage would be
approximately the same using the SBA threshold of $27.5 million as the
boundary. For passenger carriers, the $15 million SBA threshold falls
between two Economic Census revenue categories, $10 million and $25
million. The percentages of passenger carriers with revenue less than
these amounts were 97.8% and 99.3%. Because the SBA threshold is closer
to the lower of these two boundaries, FMCSA has assumed that the
percent of passenger carriers that are small will be closer to 97.8%,
and is using a figure of 98%.
The Transit and Ground Passenger Transportation subsector that
focuses on School and Employee Bus Transportation (485410) is more
likely to contain a high percentage of training providers than the rest
of NAICS Sector 485. These entities often perform contract bus services
for school districts, and some are responsible for training their
employee to the standards of the State or county. The SBA size standard
for this subsector is $15 million, and FMCSA estimates that about 99%
of the school and employee bus transportation firms are considered
small based on the SBA size standard.
Entities that identify with four of the 6-digit NAICS code in the
educational services sector could register with the TPR to become
training providers. The Census Bureau does not publish size by revenue
data for entities in the Junior Colleges sector or the Colleges,
Universities, and professional schools sector. FMCSA conservatively
estimated that all of the firms in these two sectors would be small.
The Census Bureau does publish size by revenue data for the
apprenticeship training and other technical and trade school
industries. Approximately 98% and 99%, respectively, of the firms in
these industries are small. The other technical and trade school
industry contains those firms that identify as truck driving schools
(6115193). About 99% of truck driving schools are considered small
based on the SBA size standard.
FMCSA examined data from the Federal Transit Administration (FTA)
National Transit Database (NTD) to determine the number of transit
agencies that serve a population of less than 50,000, and would
therefore be considered small.\24\ The transit agencies report many
different data elements including information pertaining to the type of
services they offer, the population that they serve, the urbanized area
they identify with, and the number of vehicles operated. Of the 857
agencies in the database, 801 provide service with vehicles that would
require a CDL to operate (e.g., transit bus, commuter bus, trolley bus,
bus rapid transit, etc.), and 125 of the 801 serve a population of less
than 50,000. As discussed in the RIA, all agencies with CDL drivers
provide entry-level driver training to their prospective employees and
employees.
---------------------------------------------------------------------------

\24\ USDOT Federal Transit Administration. RY 2013 National
Transit Database. Agency Information and Agency Mode Service.
Available at: https://www.ntdprogram.gov/ntdprogram/datbase/2013_database/NTDdatabase.htm (accessed August 7, 2015).
---------------------------------------------------------------------------

The 2012 Census of Governments, a survey coordinated by the Census
Bureau, provides information on the school districts throughout the
country.\25\ FMCSA combined this data with county level 2014 population
estimates from the Census Bureau to estimate that there are 6,325
school districts in counties with less than 50,000 people.\26\
---------------------------------------------------------------------------

\25\ U.S. Census Bureau. 2012 Census of Governments. Available
at: https://www.census.gov/govs/cog/ (accessed August 7, 2015).
\26\ U.S. Census Bureau. Vintage 2014 National Population
Datasets. Population, population change, and estimated components of
population change: April 1, 2010 to July 1, 2014 (NST-EST2014-
alldata). Available at: https://www.census.gov/popest/data/datasets.html (accessed August 7, 2015).
---------------------------------------------------------------------------

Table IFRA 2 below shows the complete estimates of the number of
small entities that might choose to become certified training
providers.

Table IFRA 2--Estimates of Numbers of Small Entities
----------------------------------------------------------------------------------------------------------------
Number of
NAICS code Description Total number small % of all
of firms entities firms
----------------------------------------------------------------------------------------------------------------
484............................ Truck Transportation........... 83,056 82,182 99
485............................ Transit and Ground Passenger 12,723 12,438 98
Transportation.
485410......................... School and Employee Bus 2,574 2,486 97
Transportation.
611210......................... Junior colleges................ 434 434 100
611310......................... Colleges, universities, and 2,419 2,419 100
professional schools.
611513......................... Apprenticeship training........ 1,094 1,075 98
611519......................... Other technical and trade 2,672 2,640 99
schools.
92............................. Transit Agencies............... 801 125 16
92............................. School Districts............... 14,482 6,325 44
----------------------------------------------------------------------------------------------------------------

A description of the proposed reporting, recordkeeping and other
compliance requirements of the proposed rule, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record.
This proposed rule would include recordkeeping requirements that
would pertain to small training providers. In order to be included on
the TPR, each training provider would be required to submit a training
provider identification report biennially at a minimum or when the
information for the training provider changes and needs to be updated,
the training provider goes out of business, or the training provider is
re-applying to be re-listed on the TPR after previous removal. Each
training provider would be required to upload training completion
certification into the TPR for each entry-level driver by the next
business day following completion of the training. Each training
provider would be required to make themselves and their records
available for inspection upon request by FMCSA or its enforcement
partners. FMCSA believes that a professional or administrative employee
would be capable of creating and uploading these records and requests
comment on whether skills beyond those typical of a professional or
administrative employee would be necessary for the above recordkeeping
requirements.
An identification, to the extent practicable, of all relevant
federal rules that may duplicate, overlap, or conflict with the
proposed rule.

[[Page 11967]]

FMCSA is not aware of any relevant Federal rules that may
duplicate, overlap, or conflict with the proposed rule. The current
entry-level driver training requirements in 49 CFR part 380, subpart E,
which are quite minimal compared to those being proposed by the NPRM,
would be replaced by those in the NPRM.
A description of any significant alternatives to the proposed rule
which accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the proposed rule on small
entities.
FMCSA attempted to draft a proposed rule that would minimize any
significant economic impact on small entities. The negotiated
rulemaking process by which this proposed rule was developed provided
outreach to small motor carriers and training provider representatives
through the Entry-Level Driver Training Advisory Committee (ELDTAC).
The ELDTAC often discussed issues specific to small motor carriers and
those training fewer than three entry-level drivers per year. The
discussions yielded many insights, and the proposed rule takes into
account the concerns expressed by small motor carrier representatives
during the committee meetings. For example, training entities are not
required to have a designated range, nor is FMCSA proposing training
facility requirements. FMCSA is not aware of any significant
alternatives that would meet the intent of our statutory requirements,
but requests comment on any alternatives that would meet the intent of
the statutes and prove cost beneficial for small entities.
Description of Steps Taken by a Covered Agency To Minimize Costs of
Credit for Small Entities
FMCSA is not a covered agency as defined in section 609(d)(2) of
the Regulatory Flexibility Act, and has taken no steps to minimize the
additional cost of credit for small entities.
Requests for Comment To Assist Regulatory Flexibility Analysis
FMCSA requests comments on all aspects of this initial regulatory
flexibility analysis.

C. Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this proposed rule so that they can better evaluate
its effects on themselves and participate in the rulemaking initiative.
If the proposed rule would affect your small business, organization or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please consult the FMCSA point of
contact, Rich Clemente, listed in the FOR FURTHER INFORMATION CONTACT
section of this proposed rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government,
taken together, or by the private sector of $155 million (which is the
value of $100 million in 1995 after adjusting for inflation to present-
day dollars) or more in any 1 year. This rulemaking would result in
private sector expenditures in excess of the $155 million threshold.
Gross costs, however, are expected to be offset by fuel, carbon
dioxide, and maintenance and repair savings, making this NPRM cost-
neutral based on reduced instances of crashes, as further discussed in
the threshold- based analysis described in the RIA.
A written statement under the Unfunded Mandates Reform Act is not
required for regulations that incorporate requirements specifically set
forth in law. 2 U.S.C. 1531. MAP-21 mandated that FMCSA issue
regulations to establish minimum entry-level training requirements for
all initial CLP/CDL applicants and CDL holders seeking license
upgrades. Because this proposed rule implements the direction of
Congress in mandating ELDT, a written statement under the Unfunded
Mandates Reform Act is not required.

E. Paperwork Reduction Act

The proposed regulations require training providers to obtain,
collect, maintain, and in some cases transmit information about their
facilities, curricula and graduates. The Paperwork Reduction Act of
1995 (the PRA) (44 U.S.C. 3501-3520) prohibits Agencies from conducting
information-collection (IC) activities until they analyze the need for
the collection of information and how the collected data will be
managed. Agencies must also analyze whether technology could be used to
reduce the burden imposed on those providing the data. The Agency must
estimate the time burden required to respond to the IC requirements,
such as the time a training provider will expend transmitting
certification data to FMCSA. The Agency submits its IC analysis and
burden estimate to OMB as a formal information collection request
(ICR); the Agency cannot conduct the information collection until OMB
approves the ICR.
FMCSA proposes that the compliance date for the amended training
rules be three years following publication of the final rule in order
to provide interested parties sufficient time to adjust to the new
requirements. Thus, the compliance date will be no earlier than the
year 2019. Until that time, the current regulations pertaining to the
training of entry-level drivers (49 CFR Subpart E) will remain in
place. OMB approves information-collection activities for no more than
3 years. Consequently, at this time, the Agency does not amend its
current OMB-approved estimate of the information-collection burden of
subpart E: 66,250 hours.
Today, FMCSA asks for comment on the IC requirements of this
proposed rule. The Agency's analysis of these comments will be used in
devising the Agency's estimate of the IC burden of the final rule.
Comments can be submitted to the docket as outlined under ADDRESSES at
the beginning of this notice. Specifically, the Agency asks for comment
on (1) how useful the information is and whether it can help FMCSA
perform its functions better, (2) how the Agency can improve the
quality of the information being collected, (3) the accuracy of FMCSA's
estimate of the burden of this IC, and (4) how the Agency can minimize
the burden of collection.
Title: Entry-Level Driver Training.
OMB Control Number: 2126-0028.
Summary of the Collection of Information: Under the proposal,
training providers would apply online to FMCSA and provide information
about their training operations. Periodically, they would upload
information about those who

[[Page 11968]]

successfully complete entry-level driver training.
Need for Information: The Agency must be able to assess the
qualifications of training providers in order to approve their
participation as certified providers of the entry-level training. The
identity of successful driver graduates is needed so the Agency can
inform State CDL licensing agencies of those who have successfully
completed the requisite training and are certified for CDL licensure.
Proposed Use of Information: The Agency will monitor training
providers to ensure that they conduct training in accordance with these
rules. Monitoring will include on-site safety audits of the operations
of training providers. Further, the Agency will be assessing the safety
performance of drivers who receive entry-level training in order to
assess the efficacy of the Agency's standards of learning and their
delivery by training providers.
Description of the Respondents: Training providers.
Number of Respondents: 20,800.
Frequency of Response: Training providers will register with the
Agency once and thereafter update their registration at least every two
years. On an irregular basis, training providers will upload to FMCSA
electronically the names of the individuals who successfully complete
their entry-level driver-training courses.
Burden of Response: The Agency estimates that the average training
provider will require 2 hours to register and provide updates to that
registration annually, or a total of 41,600 hours (20,800 training
providers x 2 hours each). The Agency estimates that 449,000 entry-
level drivers will graduate annually and that the average training
provider will require 5 minutes to upload this information to FMCSA, or
a total of 37,417 hours.
Estimate of Total Annual Burden: 79,017 hours (41,600 hours +
37,417 hours).

F. E.O. 13132 (Federalism)

A rule has implications for Federalism under Sec. 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' FMCSA has determined that this proposal
would have substantial direct costs on or for States or would limit the
policymaking discretion of States.
FMCSA recognizes that, as a practical matter, this proposed rule
may have some impact on the States. Accordingly, the Agency sought
advice from the National Governors Association (NGA), National
Conference of State Legislatures (NCSL), the American Association of
Motor Vehicle Administrators (AAMVA), and National Association of
Publicly Funded Truck Driving Schools (NAPFTDS) on the topic of entry-
level driver training, by letters to each organization, dated July 6,
2015. (Copies of these letters are available in the docket for this
rulemaking.) FMCSA offered NGA, NCSL, AAMVA, and NAPFTDS officials the
opportunity to meet and discuss issues of concern to the States. It
should also be noted that AAMVA was a member of the ELDTAC, whose
consensus recommendations form the basis of this NPRM. State and local
governments will also be able to raise Federalism issues during the
comment period for this NPRM.

G. E.O. 12988 (Civil Justice Reform)

This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.

H. E.O. 13045 (Protection of Children)

E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this proposed rule is economically
significant. In any event, the Agency does not anticipate that this
regulatory action could in any way create an environmental or safety
risk that could disproportionately affect children.

I. E.O. 12630 (Taking of Private Property)

FMCSA reviewed this proposed rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

J. Privacy

Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. In accordance with this Act, a
privacy impact analysis is warranted to address the collection of
personally identifiable information contemplated in the proposed Entry-
Level Driver Training rulemaking.
The DOT Chief Privacy Officer has determined that this rulemaking
results in a low to moderate level of privacy risk for driver-trainees
seeking certification through approved training providers. The NPRM
requires these individuals to provide approved training providers
certain personally identifiable information including, Name, CDL/CLP
number, and State of licensure for the purposes of identity
verification at the time of training. This information in conjunction
with the individuals training record is maintained by the training
provider in the individual's training record and is transmitted to the
multi-state Commercial Driver's License Information System (CDLIS).
State driver licensing agencies (SDLAs) may then access the
individual's training record in accordance with CLDIS protocol.
Individuals seeking information on the data privacy practices of
training providers should consult with the specific provider.
To limit the burden on the public, the Department will provide a
single technical interface in order to promote the efficient
transmission of trainee data from approved training providers to CDLIS.
The Department will establish technical, administrative, and physical
security requirements, as appropriate to ensure the secure data
transfer. An approved training provider would upload its training
certificates to the Training Provider Registry which would
instantaneously transmit the information electronically to CDLIS for
entry into the appropriate CDL driver record. The driver-trainee would
be able to apply for a CDL when the SDLA pulled the CDL driver record
from CDLIS and verified that he/she had successfully completed the
appropriate training. The Department will not retain a copy of the
trainee certificate in its systems.
This PIA will be reviewed and revised as appropriate to reflect the
Final Rule and will be published not later than the date on which the
Department initiates any of the activities contemplated in the Final
Rule that have an impact on individuals' privacy.

K. E.O. 12372 (Intergovernmental Review)

The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

[[Page 11969]]

L. E.O. 13211 (Energy Supply, Distribution, or Use)

FMCSA has analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

M. E.O. 13175 (Indian Tribal Governments)

This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical
Standards)

The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.

O. Environment (NEPA, CAA, Environmental Justice)

The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to integrate environmental
values into their decision-making processes by requiring Federal
agencies to consider the potential environmental impacts of their
proposed actions. In accordance with NEPA, FMCSA's NEPA Order 5610.1
(NEPA Implementing Procedures and Policy for Considering Environmental
Impacts), and other applicable requirements, FMCSA is preparing an
Environmental Assessment (EA) to review the potential impacts of the
proposed rule. Because the implementation of this action would only
alter new training standards for certain individuals applying for their
initial CDL, an upgrade of their CDL, or hazardous materials,
passenger, or school bus endorsement for their license, FMCSA has
tentatively found that noise, endangered species, cultural resources
protected under the National Historic Preservation Act, wetlands, and
resources protected under Section 4(f) of the Department of
Transportation Act of 1966 49 U.S.C. 303, as amended by Public Law 109-
59, would not be impacted. The impact areas that may be affected and
will be evaluated in this EA include air quality, hazardous materials
transportation, solid waste, and public safety. But the impact area of
focus for the EA will be air quality. Specifically, as outlined in the
RIA for this rulemaking, FMCSA anticipates that an increase in driver
training to result in improved fuel economy based on changes to driver
behavior, such as smoother acceleration and braking practices. Such
improved fuel economy is anticipated to result in lower air emissions
and improved air quality for gases including carbon dioxide. FMCSA
expects that all negative impacts, if any, will be negligible. However,
we expect the overall environmental impacts of this action to be
beneficial. The EA will be available for inspection or copying in the
Regulations.gov Web site listed under ADDRESSES.
FMCSA also analyzed this NPRM under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and regulations
promulgated by the Environmental Protection Agency (40 CFR part 93,
subpart B). Under the General Conformity Rule, a conformity
determination is required where a Federal action would result in total
direct and indirect emissions of a criteria pollutant or precursor
originating in nonattainment or maintenance areas equaling or exceeding
the rates specified in 40 CFR 93.153(b)(1) and (2). As noted in the
NEPA discussion above, however, FMCSA expects a net decrease in air
emissions as a result of this NPRM. Consequently, approval of this
action is exempt from the CAA's General Conformity Requirement since it
does not affect direct or indirect emissions of criteria pollutants.
Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this proposed rule in accordance with the Executive
order, and has determined that no environmental justice issue is
associated with this proposed rule, nor is there any collective
environmental impact that would result from its promulgation.

List of Subjects

49 CFR Part 380

Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.

49 CFR Part 383

Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

49 CFR Part 384

Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

For the reasons set forth in the preamble, FMCSA proposes to amend
49 CFR parts 380, 383, and 384 as follows:

PART 380--SPECIAL TRAINING REQUIREMENTS

0
1. The authority citation for part 380 is revised to read as follows:

Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, and
31502; sec. 4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-
2152); sec. 32304 of Pub. L. 112-141; and 49 CFR 1.87.

Subpart E--Entry-Level Driver Training Requirements Before [DATE 3
YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE].

0
2. Revise the heading for subpart E to read as set out above.
0
3. Add subpart F to read as follows:
Subpart F--Entry-Level Driver Training Requirements On and After [DATE
3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE].
Sec.
380.600 Compliance date for training requirements for entry-level
drivers. 380.601 Purpose and scope. 380.603 Applicability. 380.605
Definitions. 380.609 General entry-level driver training
requirements.
380.611 Driver training provider requirements.
380.613 Class A--CDL training curriculum.
380.615 Class B--CDL training curriculum.
380.619 Passenger endorsement training curriculum.
380.621 School bus endorsement training curriculum.

[[Page 11970]]

380.623 Hazardous materials endorsement training curriculum.
380.625 Refresher training curriculum.

Subpart F--Entry-Level Driver Training Requirements On and After
[DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE]

Sec. 380.600 Compliance date for training requirements for entry-
level drivers.

Compliance with the provisions of this subpart is required on or
after [DATE THREE YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE].

Sec. 380.601 Purpose and scope.

This subpart establishes training requirements for entry-level
drivers, minimum content for training curricula, and standards for
training providers. Entry-level driver training, as defined in this
subpart, applies only to those individuals who need to obtain a
commercial driver's license (or a commercial driver's license upgrade
or endorsement) and does not otherwise amend substantive commercial
driver's license requirements in part 383 of this chapter.

Sec. 380.603 Applicability.

(a) The rules in this subpart apply to all entry-level drivers, as
defined in this subpart, who intend to drive CMVs as defined in Sec.
383.5 of this chapter in interstate and/or intrastate commerce, except:
(1) Drivers excepted from the CDL requirements under Sec. 383.3
(c), (d), and (h) of this chapter;
(2) Drivers applying for a restricted CDL under Sec. 383.3(e)
through (g) of this chapter; and
(3) Veterans with military CMV experience who meet all the
requirements and conditions of Sec. 383.77 of this chapter.
(b) Drivers who hold a valid CDL issued before [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL RULE] are not required to comply with this
subpart except as otherwise specifically provided.
(c) (1) Individuals who obtain a CLP before [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL RULE] are not required to comply with this
subpart if they obtain a CDL within 360 days after obtaining a CLP.
(2) Individuals who obtain a CLP on or after [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL RULE] will be required to comply with this
subpart.
(d) Except as provided under paragraph (e) of this section, a
person who has received training qualifying him or her to take the
skills test for a CDL and/or endorsement is not required to obtain such
training again before reapplying for a CDL or endorsement.
(e) A CDL holder who has been disqualified from operating a CMV
under Sec. 383.51(b) through (e) of this chapter, must complete the
refresher training requirements of Sec. 380.625.

Sec. 380.605 Definitions.

(a) The definitions in parts 383 and 384 of this subchapter apply
to this subpart, except where otherwise stated.
(b) As used in this subpart:
Behind-the-wheel (BTW) instructor means an experienced driver as
defined in this section and who provides BTW training involving the
actual operation of a CMV by entry-level driver on a range or a public
road. These instructors must have completed training in the public road
portion of the curriculum in which they are instructing, except that
instructors utilized by training providers that train, or expect to
train, three or fewer drivers annually do not need to meet this
additional requirement.
Behind-the-wheel (BTW) range training means training provided by a
qualified driver-instructor when driver-trainees have actual control of
the power unit during a driving lesson conducted on a range. BTW range
training does not include time driver-trainees spend observing the
operation of a CMV when he/she is not in control of the vehicle.
Behind-the-wheel (BTW) public road training means training provided
by a qualified driver-instructor when driver-trainee has actual control
of the power unit during a driving lesson conducted on a public road.
BTW public road training does not include the time that driver-trainees
spend observing the operation of a CMV when he/she is not in control of
the vehicle.
Entry-level driver means a person who must complete the CDL skills
test requirements under 49 CFR 383.71 prior to receiving the initial
CDL or having a CDL reinstated, upgrading to a Class A or Class B CDL,
or obtaining a hazardous materials, passenger, or school bus
endorsement. This definition does not include individuals for whom
States waive the CDL skills test under 49 CFR 383.77.
Entry-level driver training means training an entry-level driver
receives from an entity listed on FMCSA's Training Provider Registry
prior to:
(1) Taking the CDL skills test required to receive the initial
Class A or Class B CDL;
(2) Taking the CDL skills test required to upgrade to a Class A or
Class B CDL; or
(3) Taking the CDL knowledge and skills test required to obtain a
passenger or school bus endorsement, or the CDL knowledge test required
to obtain a hazardous materials endorsement.
Experienced driver means a driver who holds a CDL of the same (or
higher) class and with all endorsements necessary to operate the CMV
for which training is to be provided and who:
(1) Has at least 1 year of experience driving a CMV requiring a CDL
of the same or higher class and/or the same endorsement; or
(2) Has at least 1 year of experience as a BTW CMV instructor; and
(3) Meets all applicable State training requirements for CMV
instructors.
Range means an area that must be free of obstructions, enables the
driver to maneuver safely and free from interference from other
vehicles and hazards, and has adequate sight lines.
Refresher training means training a CDL holder who has been
disqualified from operating a CMV must take.
Theory instruction means knowledge instruction on the operation of
a CMV and related matters provided by a theory instructor through
lectures, demonstrations, audio-visual presentations, computer-based
instruction, driving simulation devices, online training, or similar
means.
Theory instructor means instructors who provide knowledge
instruction on the operation of a CMV and are either an experienced
driver as defined in this section or have previously audited or
instructed that portion of the theory training course that they intend
to instruct.
Training provider means an entity that is listed on the FMCSA
Training Provider Registry, as required by subpart G of this part.

Sec. 380.609 General entry-level driver training requirements.

(a) A person who wishes to obtain a CDL that would allow him/her to
operate a Class A or B CMV in interstate or intrastate commerce must
successfully complete driver training from a provider listed on the
Training Provider Registry (TPR). A person who intends to operate a CMV
for which a Class A CDL is required must complete the curriculum
outlined in Sec. 380.613 and a person who intends to operate a CMV for
which a Class B CDL is required must complete the curriculum outlined
in Sec. 380.615.
(b) A person who wishes to obtain a passenger (P), school bus (S),
or hazardous materials (H) endorsement on his or her CDL must
successfully complete the appropriate training from a training provider
listed on the TPR. A

[[Page 11971]]

person who intends to operate a CMV for which a passenger endorsement
is required must successfully complete the curriculum outlined in Sec.
380.619. A person who intends to operate a CMV for which a school bus
endorsement is required must successfully complete the curriculum
outlined in Sec. 380.621. A person who intends to operate a CMV for
which an H endorsement is required must successfully complete the
curriculum outlined in Sec. 380.623.
(c) A CDL holder who is disqualified from operating a CMV under
Sec. 383.51(b) through (e) of this chapter, must successfully complete
refresher training from a training provider listed on the TPR.
Refresher training must meet the curriculum outlined in Sec. 380.625.

Sec. 380.611 Driver training provider requirements.

(a) Entities seeking to be listed on the Training Provider Registry
must, at a minimum, meet the requirements of subpart G of this part.
(b) Entities must attest that they meet the requirements of this
part.
(c) Entities must, upon request, supply documentary evidence to
FMCSA or its authorized representatives so the Agency can verify
compliance with these requirements.

Sec. 380.613 Class A--CDL training curriculum.

(a) Class A CDL applicants must successfully complete the Class A
CDL curriculum outlined in paragraph (b) of this section. There is no
required minimum number of instruction hours for theory training, but
the training provider must cover all the topics set forth in the
curriculum in paragraph (b) of this section. Applicants must complete a
minimum of 30 hours of training in BTW driving with a minimum of 10
hours spent driving on a range and either 10 hours driving on a public
road; or 10 public road trips (each no less than 50 minutes in
duration). The training provider will determine how the remaining 10
hours of BTW training will be spent (i.e., whether on a range or public
road, or some combination of the two). The mandatory minimum hours of
BTW training must be conducted in a CMV for which a Class A CDL is
required.
(b) Class A CDL curriculum. The Class A curriculum must, at a
minimum, include the following:
(1) Theory--(i) Basic operation. This component must cover the
interaction between driver-trainees and the CMV. Driver-trainees will
receive instruction in the Federal Motor Carrier Safety Regulations
(FMCSRs) and will be introduced to the basic CMV instruments and
controls. Driver trainees must familiarize themselves with the basic
operating characteristics of a CMV. This section must also teach
driver-trainees how to properly perform vehicle inspections, control
the motion of CMVs under various road and traffic conditions, employ
shifting and backing techniques, and properly couple and uncouple
combination vehicles. Driver-trainees must first familiarize themselves
with the basic operating characteristics of a CMV. Then, driver-
trainees must be able to perform the skills in each unit to a level of
competency required to permit safe transition to public road driving.
(A) Orientation. This unit must introduce driver-trainees to the
combination vehicle driver training curriculum and the components of a
combination vehicle. Driver-trainees will learn the safety
fundamentals, essential regulatory requirements (i.e., overview of
FMCSRs/hazardous materials (HM) regulations), and driver-trainees'
responsibilities not directly related to driving. This unit must also
cover the ramifications and driver disqualification provisions and
fines for non-compliance with parts 380, 382, 383, 387, and 390 through
399 of this chapter. This unit must also include an overview of the
applicability of State and local laws relating to the safe operation of
the CMV, stopping at weigh stations/scales, hazard awareness of vehicle
size and weight limitations, low clearance areas (e.g., CMV height
restrictions), and bridge formulas.
(B) Control systems/dashboard. This unit must introduce driver-
trainees to vehicle instruments, controls, and safety components. The
driver-trainees will learn to read gauges and instruments correctly and
learn proper use of vehicle safety components, including safety belts
and mirrors. Driver-trainees will also learn to identify, locate, and
explain the function of each of the primary and secondary controls
including those required for steering, accelerating, shifting, braking,
and parking.
(C) Pre- and post-trip inspections. This unit must stress to
driver-trainees the importance of vehicle inspections and help them
develop the skills necessary for conducting pre-trip, enroute, and
post-trip inspections. This unit must include instruction in a driver-
trainee's personal awareness of his or her surroundings, including at
truck stops and/or rest areas, and at shipper/receiver locations.
(D) Basic control. This unit must introduce basic vehicular control
and handling as it applies to combination vehicles. This must include
instruction addressing basic combination vehicle controls in areas such
as executing sharp left and right turns, centering the vehicle, and
maneuvering in restricted areas.
(E) Shifting/operating transmissions. This unit must introduce
shifting patterns and procedures to driver-trainees to prepare them to
safely and competently perform basic shifting maneuvers. This must
include training driver-trainees to execute up and down shifting
techniques on multi-speed dual range transmissions, if appropriate. The
importance of increased fuel economy achieved by utilizing proper
shifting techniques should also be covered.
(F) Backing and docking. This unit must prepare driver-trainees to
back and dock the combination vehicle safely. This unit must cover
``Get Out and Look'' (GOAL), evaluation of backing/loading facilities,
knowledge of backing set ups, as well as instruction in how to back
with use of spotters.
(G) Coupling and uncoupling. This unit must provide instruction for
driver-trainees to develop the skills necessary to conduct the
procedures for safe coupling and uncoupling of combination vehicle
units.
(ii) Safe operating procedures. This component must teach the
practices required for safe operation of the combination vehicle on the
highway under various road, weather, and traffic conditions. Driver-
trainees must be instructed in the Federal rules (Sec. 392.16 of this
chapter) governing the proper use of safety restraint systems (i.e.,
seat belts).
(A) Visual search. This unit must enable driver-trainees to
visually search the road for potential hazards and critical objects,
including instruction on recognizing distracted pedestrians or
distracted drivers. This unit must include instruction in how to ensure
a driver-trainee's personal security/general awareness in common
surroundings such as truck stops and/or rest areas, and at shipper/
receiver locations.
(B) Vehicle communications. This unit must enable driver-trainees
to communicate their intentions to other road users. Driver-trainees
must learn techniques for different types of communication on the road,
including proper use of headlights, turn signals, four-way flashers,
and horns. Instruction in proper utilization of eye contact techniques
with other drivers and pedestrians will be covered in this unit.
(C) Speed management. This unit must enable driver-trainees to
manage speed effectively in response to various road, weather, and
traffic conditions.

[[Page 11972]]

Driver-trainees must understand that driving competency cannot
compensate for excessive speed. Instruction must include methods for
calibrating safe following distances under an array of conditions
including traffic, weather, and CMV weight and length.
(D) Space management. This unit must teach driver-trainees about
the importance of managing the space surrounding the vehicle. Emphasis
must be placed upon maintaining appropriate space surrounding the
vehicle for safe operation under various traffic and road conditions.
(E) Night operation. Driver-trainees will learn the factors
affecting the safe operation of CMVs at night and in darkness,
including the specific factors that require special attention on the
part of the driver. Driver-trainees must be instructed in vehicle
safety inspection, vision, communications, speed, and space management
and proper use of lights, as needed, to deal with the special problems
night driving presents.
(F) Extreme driving conditions. This unit addresses the driving of
CMVs under extreme conditions. Emphasis must be placed upon the factors
affecting the operation of CMVs in cold, hot, and inclement weather and
on steep grades and sharp curves. Driver-trainees will learn the
changes in basic driving habits needed to deal with the specific
problems presented by extreme driving conditions. Driver-trainees will
also learn proper tire chaining procedures in this unit.
(iii) Advanced operating practices. This component must introduce
higher-level skills that can be acquired only after the more
fundamental skills and knowledge taught in the prior two components
have been mastered. Driver-trainees must learn about the advanced
perceptual skills necessary to recognize potential hazards and must
demonstrate the procedures needed to handle a CMV when faced with a
hazard.
(A) Hazard perception. The unit must provide instruction in
recognizing potential hazards in the driving environment in time to
reduce the severity of the hazard and neutralize possible emergency
situations. Driver-trainees must identify road conditions and other
road users that are a potential threat to the safety of the combination
vehicle and suggest appropriate adjustments. Emphasis must be placed
upon hazard recognition, visual search, adequate surveillance, and
response to possible emergency-producing situations encountered by CMV
drivers in various traffic situations. Driver-trainees will also learn
to recognize potential dangers and the safety procedures that must be
utilized while driving in construction/work zones.
(B) Distracted driving. Driver-trainees must be instructed in the
``key'' driver distraction issues, including improper cell phone use,
texting, and use of in-cab technology. This includes training in the
following aspects: Visual attention (keeping eyes on the road); manual
control (keeping hands on the wheel); and cognitive awareness (keeping
mind on the task and safe operation of the CMV).
(C) Emergency maneuvers/skid avoidance. This unit must enable
driver-trainees to carry out appropriate responses when faced with CMV
emergencies. These must include evasive steering, emergency braking,
and off-road recovery, as well as the proper response to brake
failures, tire blowouts, hydroplaning, skidding, jackknifing, and
rollovers. The discussion must include a review of unsafe acts and the
role they play in producing or worsening hazardous situations.
(D) Skid control and recovery. This unit must teach the causes of
skidding and jackknifing and techniques for avoiding and recovering
from them. Driver-trainees must understand the importance of
maintaining directional control and bringing the CMV to a stop in the
shortest possible distance while operating over a slippery surface.
(E) Railroad-highway grade crossings. Driver-trainees will learn to
recognize potential dangers and appropriate safety procedures to
utilize at railroad (RR)-highway grade crossings. This instruction must
include an overview of various State RR grade crossing regulations, RR
grade crossing environments, obstructed view conditions, clearance
around the tracks, and rail signs and signals.
(F) Vehicle systems and reporting malfunctions. This section must
provide entry-level driver-trainees with sufficient knowledge of the
combination vehicle and its systems and subsystems to ensure that they
understand and respect their role in vehicle inspection, operation, and
maintenance and the impact of those factors upon highway safety and
operational efficiency.
(G) Identification and diagnosis of malfunctions, including out-of-
service violations. This unit must teach driver-trainees to identify
major combination vehicle systems. The goal is to explain their
function and how to check all key vehicle systems, (e.g., engine,
engine exhaust auxiliary systems, brakes, drive train, coupling
systems, and suspension) to ensure their safe operation. Driver-
trainees must be provided with a detailed description of each system,
its importance to safe and efficient operation, and what is needed to
keep the system in good operating condition. Driver-trainees must
further learn what vehicle and driver violations are classified as out-
of-service (OOS), including the ramifications and penalties for
operating when subject to an OOS order as defined in Sec. 390.5 of
this chapter.
(H) Maintenance. This unit must introduce driver-trainees to the
basic servicing and checking procedures for various engine and vehicle
components and to help develop their ability to perform preventive
maintenance and simple emergency repairs.
(iv) Non-vehicle activities. This component must prepare driver-
trainees to handle the responsibilities of a combination vehicle driver
that do not involve actually operating the CMV.
(A) Handling and documenting cargo. This unit must enable driver-
trainees to understand the basic theory of cargo weight distribution,
cargo securement on the vehicle, cargo covering, and techniques for
safe and efficient loading/unloading. Driver-trainees will learn basic
cargo security/cargo theft prevention procedures in this unit. Basic
information regarding the proper handling and documentation of HM cargo
will also be covered in this unit.
(B) Environmental compliance issues. Driver-trainees will learn to
recognize environmental hazards and issues related to the CMV and load,
and made aware that city, county, State, and Federal requirements may
apply to such circumstances.
(C) Hours of service requirements. The purpose of this unit is to
enable driver-trainees to understand that there are different hours-of-
service (HOS) requirements applicable to different industries. Driver-
trainees must learn all applicable HOS regulatory requirements. Driver-
trainees will develop the ability to complete a Driver's Daily Log
(electronic and paper), timesheet, and logbook recap, as appropriate.
Driver-trainees will learn the consequences (safety, legal, and
personal) of violating the HOS regulations, including the fines and
penalties imposed for these types of violations.
(D) Fatigue and wellness awareness. The issues and consequences of
chronic and acute driver fatigue and the importance of staying alert
will be covered in this unit. Driver-trainees must learn regulatory
requirements regarding driver wellness and basic health maintenance
that affect a driver's ability to safely operate a CMV. This unit also
must address issues such as

[[Page 11973]]

diet, exercise, personal hygiene, stress, and lifestyle changes.
(E) Post-crash procedures. Driver-trainees must learn appropriate
post-crash procedures, including the requirement that the driver, if
possible, assess his or her physical condition immediately after the
crash and notify authorities, or assign the task to other individuals
at the crash scene. Driver-trainees must also learn how to protect the
area; obtain emergency medical assistance; move on-road vehicles off
the road in minor crashes so as to avoid subsequent crashes or
injuries; engage flashers, placing triangles, and properly use a fire
extinguisher, if necessary. The following topics must also be covered:
Responsibilities for assisting injured parties; Good Samaritan Laws;
driver legal obligations and rights, including rights and
responsibilities for engaging with law enforcement personnel; and the
importance of learning company policy on post-crash procedures. Driver-
trainees must receive instruction in post-crash testing requirements
related to controlled substances and alcohol. Driver-trainees must
learn the techniques of photographing the scene; obtaining witness
information; assessing skid measurements; and assessing signage, road,
and weather conditions.
(F) External communications. Driver-trainees must be instructed in
the value of effective interpersonal communication techniques/skills to
interact with enforcement officials. Driver-trainees must be taught the
specifics of the roadside vehicle inspection process, and what to
expect during this activity. Driver-trainees who are not native English
speakers must be instructed in FMCSA English language proficiency
requirements and the consequences for violations. Driver-trainees also
must learn the implications of violating Federal and state regulations
on their driving records and their employing motor carrier's records.
(G) Whistleblower/coercion. This unit will advise the driver-
trainees about the right of an employee to question the safety
practices of an employer without incurring the risk of losing a job or
being subject to reprisals simply for stating a safety concern. Driver-
trainees must be instructed in the whistleblower protection regulations
in 29 CFR part 1978. They must also learn the procedures for reporting
to FMCSA incidents of coercion from motor carriers, shippers,
receivers, or transportation intermediaries.
(H) Trip planning. This unit must address the importance of and
requirements for planning routes and trips. This instruction must
address planning the safest route, planning for rest stops, heavy
traffic areas, railroad-highway grade crossing safe clearance and
ground clearance (i.e., ``high center''), the importance of Federal and
State requirements on the need for permits, and vehicle size and weight
limitations. Driver-trainees must be instructed in the correct
identification of restricted routes, the pros and cons of Global
Positioning System (GPS)/trip routing software, and the importance of
selecting fuel-efficient routes.
(I) Drugs/alcohol. In this unit, driver-trainees must learn that
there are a variety of rules applicable to drug and alcohol use and
must receive the training required by the applicable drug and alcohol
regulations, including consequences for engaging in controlled
substance (including prescription drugs) and alcohol use-related
conduct. The importance of avoiding use of drugs/alcohol in violation
of applicable regulations must be covered in this unit.
(J) Medical requirements. In this unit, driver-trainees will learn
the Federal rules on medical certification, medical examination
procedures, general qualifications, responsibilities, and
disqualifications based on various offenses, orders, and loss of
driving privileges (49 CFR part 391, subparts B and E).
(2) Range. This unit must consist of driving exercises related to
basic vehicle control skills and mastery of basic maneuvers, as covered
in Sec. Sec. 383.111 and 383.113 of this chapter, necessary to operate
the vehicle safely. Activities in this unit will take place on a
driving range as defined in Sec. 380.605.
(i) Vehicle inspection pre-trip/enroute/post-trip. Driver-trainees
must demonstrate proficiency in proper techniques for performing pre-
trip, enroute, and post-trip inspections and making accurate notes of
actual and suspected component abnormalities or malfunctions using a
Driver Vehicle Inspection Report in accordance with the FMCSRs.
(ii) Straight line backing. Driver-trainees must demonstrate
proficiency in proper techniques for performing various straight line
backing maneuvers to appropriate criteria/acceptable tolerances.
(iii) Alley dock backing (45/90 degree). Driver-trainees must
demonstrate proficiency in proper techniques for performing 45/90
degree alley dock maneuvers, to appropriate criteria/acceptable
tolerances.
(iv) Off-set backing. Driver-trainees must demonstrate proficiency
in proper techniques for performing off-set backing maneuvers to
appropriate criteria/acceptable tolerances.
(v) Parallel parking blind side. Driver-trainees must demonstrate
proficiency in proper techniques for performing parallel parking blind
side positions/maneuvers to appropriate criteria/acceptable tolerances.
(vi) Parallel parking sight side. Driver-trainees must demonstrate
proficiency in proper techniques for performing sight side parallel
parking maneuvers to appropriate criteria/acceptable tolerances.
(vii) Coupling and uncoupling. Driver-trainees must demonstrate
proficiency in proper techniques for coupling, inspecting and
uncoupling combination vehicle units, in accordance with safety
requirements and approved practices.
(3) Public road. The instructor must engage in active two-way
communication with the driver-trainees during all active training
sessions and evaluate the driving competence of the driver-trainees
during all public road training. Concepts described in paragraphs
(b)(3)(viii) through (xiii) of this section are discussed during public
road training or simulated, but not necessarily performed.
(i) Vehicle controls including: Left turn, right turns, lane
changes, curves at highway speeds. Driver-trainees must demonstrate
proficiency in proper techniques for initiating vehicle movement,
executing left and right turns, changing lanes, navigating curves at
speed, and stopping the vehicle in a controlled manner.
(ii) Shifting/transmission. Driver-trainees must demonstrate
proficiency in proper techniques for performing safe and fuel-efficient
shifting and making any necessary adjustments in the process.
(iii) Communications/signaling. Driver-trainees must demonstrate
proficiency in proper techniques for signaling intentions and
effectively communicating with other drivers.
(iv) Visual search. Driver-trainees must demonstrate proficiency in
proper techniques for visually searching the road for potential hazards
and critical objects.
(v) Speed and space management. Driver-trainees must demonstrate
proficiency in proper habits and techniques for adjusting and
maintaining vehicle speed, taking into consideration various factors
such as traffic and road conditions. Driver trainees practice
maintaining proper speed to keep appropriate spacing between the
driver-trainee's CMV and other vehicles. Instruction must include
methods for calibrating safe following distances under an array of
conditions

[[Page 11974]]

including traffic, weather, and CMV weight and length.
(vi) Safe driver behavior. Driver-trainees must learn and
demonstrate proficiency in safe driver behavior during their operation
of the CMV.
(vii) Hours of service (HOS) requirements. Driver-trainees must
demonstrate proficiency in the basic activities required by the HOS
regulations, such as completing a Driver's Daily Log (electronic and
paper), timesheet, and logbook recap, as appropriate.
(viii) Hazard perception (partial demonstration). Driver-trainees
must demonstrate their ability to recognize potential hazards in the
driving environment in time to reduce the severity of the hazard and
neutralize possible emergency situations. Driver-trainees must
demonstrate the ability to identify road conditions and other road
users that are a potential threat to the safety of the combination
vehicle and suggest appropriate adjustments.
(ix) Railroad (RR)-highway grade crossing. (demonstration where
railroad grade crossing is available, simulated otherwise). Driver-
trainees must demonstrate the ability to recognize potential dangers
and to implement appropriate safety procedures when RR-highway grade
crossings are reasonably available.
(x) Night operation. Driver-trainees must learn how to operate a
CMV safely at night. Heightened emphasis must be placed upon the
factors affecting the operation of CMVs at night. Driver-trainees must
learn that night driving presents specific circumstances that require
heightened attention on the part of the driver. Driver-trainees must be
taught special requirements for in-vehicle safety inspection, night
vision, communications, speed, and space management, and proper use of
lights as needed to prepare driver-trainees to deal with the special
problems night driving presents. Though not required to do so, training
providers are strongly encouraged to offer driver-trainees night-
driving experience where feasible.
(xi) Extreme driving conditions. Driver-trainees must be familiar
with the special risks created by, and the heightened precautions
required by, driving CMVs under extreme driving conditions, such as
heavy rain, high wind, high heat, high grades, fog, snow, and ice.
Emphasis must be placed upon the factors affecting the operation of
CMVs in cold, hot, and inclement weather and on steep grades and sharp
curves. Driver-trainees must learn and demonstrate proficiency in
changes in basic driving habits needed to deal with the specific
challenges presented by these extreme driving conditions.
(xii) Emergency maneuvers/skid avoidance. Driver-trainees must be
familiar with proper techniques for responding to CMV emergencies, such
as evasive steering, emergency braking and off-road recovery. They must
also know how to prevent or respond to brake failures, tire blowouts,
hydroplaning, skidding, jackknifing, and rollovers.
(xiii) Skid control and recovery. Driver-trainees must know the
causes of skidding and jackknifing and techniques for avoiding and
recovering from them. Driver-trainees must know how to maintain
directional control and bring the CMV to a stop in the shortest
possible distance while operating over a slippery surface.

Sec. 380.615 Class B--CDL training curriculum.

(a) Class B CDL applicants must successfully complete the Class B
CDL curriculum outlined in paragraph (b) of this section. There is no
required minimum number of instruction hours for theory training, but
the training provider must cover all the topics in the curriculum set
forth in paragraph (b) of this section. Applicants must successfully
complete a minimum of 15 hours of BTW training with a minimum of 7
hours of public road driving. Training providers may determine how the
remaining 8 hours of BTW training are spent, as long as the range
curriculum, as set forth below, is covered. The mandatory minimum hours
of BTW training must be conducted in a CMV for which a Class B CDL
would be required.
(b) Class B CDL core curriculum. The Class B curriculum must, at a
minimum, include the following:
(1) Theory--(i) Basic operation. This component must cover the
interaction between driver-trainees and the CMV. Driver-trainees will
receive instruction in the Federal Motor Carrier Safety Regulations
(FMCSRs) and will be introduced to the basic CMV instruments and
controls. Driver trainees must familiarize themselves with the basic
operating characteristics of a CMV. This section must also teach
driver-trainees how to properly perform vehicle inspections, control
the motion of CMVs under various road and traffic conditions, employ
shifting and backing techniques, and properly couple and uncouple
combination vehicles. Driver-trainees must first familiarize themselves
with the basic operating characteristics of a CMV. Then, driver-
trainees must be able to perform the skills in each unit to a level of
competency required to permit safe transition to public road driving.
(A) Orientation. This unit must introduce driver-trainees to the
combination vehicle driver training curriculum and the components of a
combination vehicle. Driver-trainees will learn the safety
fundamentals, essential regulatory requirements (i.e., overview of
FMCSRs/hazardous materials (HM) regulations), and driver-trainees'
responsibilities not directly related to driving. This unit must also
cover the ramifications and driver disqualification provisions and
fines for non-compliance with parts 380, 382, 383, 387, and 390 through
399 of this chapter. This unit must also include an overview of the
applicability of State and local laws relating to the safe operation of
the CMV, stopping at weigh stations/scales, hazard awareness of vehicle
size and weight limitations, low clearance areas (e.g., CMV height
restrictions), and bridge formulas.
(B) Control systems/dashboard. This unit must introduce driver-
trainees to vehicle instruments, controls, and safety components. The
driver-trainees will learn to read gauges and instruments correctly and
learn proper use of vehicle safety components, including safety belts
and mirrors. Driver-trainees will also learn to identify, locate, and
explain the function of each of the primary and secondary controls
including those required for steering, accelerating, shifting, braking,
and parking.
(C) Pre- and post-trip inspections. This unit must stress to
driver-trainees the importance of vehicle inspections and help them
develop the skills necessary for conducting pre-trip, enroute, and
post-trip inspections. This unit must include instruction in a driver-
trainee's personal awareness of his or her surroundings, including at
truck stops and/or rest areas, and at shipper/receiver locations.
(D) Basic control. This unit must introduce basic vehicular control
and handling as it applies to combination vehicles. This must include
instruction addressing basic combination vehicle controls in areas such
as executing sharp left and right turns, centering the vehicle, and
maneuvering in restricted areas.
(E) Shifting/operating transmissions. This unit must introduce
shifting patterns and procedures to driver-trainees to prepare them to
safely and competently perform basic shifting maneuvers. This must
include training driver-trainees to execute up and down shifting
techniques on multi-speed dual range transmissions, if appropriate. The
importance of increased fuel economy

[[Page 11975]]

achieved by utilizing proper shifting techniques should also be
covered.
(F) Backing and docking. This unit must prepare driver-trainees to
back and dock the combination vehicle safely. This unit must cover
``Get Out and Look'' (GOAL), evaluation of backing/loading facilities,
knowledge of backing set ups, as well as instruction in how to back
with use of spotters.
(ii) Safe operating procedures. This component must teach the
practices required for safe operation of the combination vehicle on the
highway under various road, weather, and traffic conditions. Driver-
trainees must be instructed in the Federal rules (Sec. 392.16 of this
chapter) governing the proper use of safety restraint systems (i.e.,
safety belts).
(A) Visual search. This unit must enable driver-trainees to
visually search the road for potential hazards and critical objects,
including instruction on recognizing distracted pedestrians or
distracted drivers. This unit must include instruction in how to ensure
a driver-trainee's personal security/general awareness in common
surroundings such as truck stops and/or rest areas, and at shipper/
receiver locations.
(B) Vehicle communications. This unit must enable driver-trainees
to communicate their intentions to other road users. Driver-trainees
must learn techniques for different types of communication on the road,
including proper use of headlights, turn signals, four-way flashers,
and horns. Instruction in proper utilization of eye contact techniques
with other drivers and pedestrians will be covered in this unit.
(C) Speed management. This unit must enable driver-trainees to
manage speed effectively in response to various road, weather, and
traffic conditions. Driver-trainees must understand that driving
competency cannot compensate for excessive speed. Instruction must
include methods for calibrating safe following distances under an array
of conditions including traffic, weather and CMV weight and length.
(D) Space management. This unit must teach driver-trainees about
the importance of managing the space surrounding the vehicle. Emphasis
must be placed upon maintaining appropriate space surrounding the
vehicle for safe operation under various traffic and road conditions.
(E) Night operation. Driver-trainees will learn the factors
affecting the safe operation of CMVs at night and in darkness,
including the specific factors that require special attention on the
part of the driver. Driver-trainees must be instructed in vehicle
safety inspection, vision, communications, speed, and space management
and proper use of lights, as needed, to deal with the special problems
night driving presents.
(F) Extreme driving conditions. This unit addresses the driving of
CMVs under extreme conditions. Emphasis must be placed upon the factors
affecting the operation of CMVs in cold, hot, and inclement weather and
on steep grades and sharp curves. Driver-trainees will learn the
changes in basic driving habits needed to deal with the specific
problems presented by extreme driving conditions. Driver-trainees will
also learn proper tire chaining procedures in this unit.
(iii) Advanced operating practices. This component must introduce
higher-level skills that can be acquired only after the more
fundamental skills and knowledge taught in the prior two sections have
been mastered. Driver-trainees must learn about the advanced perceptual
skills necessary to recognize potential hazards and must demonstrate
the procedures needed to handle a CMV when faced with a hazard.
(A) Hazard perception. The unit must provide instruction in
recognizing potential hazards in the driving environment in time to
reduce the severity of the hazard and neutralize possible emergency
situations. Driver-trainees must identify road conditions and other
road users that are a potential threat to the safety of the combination
vehicle and suggest appropriate adjustments. Emphasis must be placed
upon hazard recognition, visual search, adequate surveillance, and
response to possible emergency-producing situations encountered by CMV
drivers in various traffic situations. Driver-trainees will also learn
to recognize potential dangers and the safety procedures that must be
utilized while driving in construction/work zones.
(B) Distracted driving. Driver-trainees must be instructed in the
``key'' driver distraction issues, including improper cell phone use,
texting, and use of in-cab technology. This includes training in the
following aspects: Visual attention (keeping eyes on the road); manual
control (keeping hands on the wheel); and cognitive awareness (keeping
mind on the task and safe operation of the CMV).
(C) Emergency maneuvers/skid avoidance. This unit must enable
driver-trainees to carry out appropriate responses when faced with CMV
emergencies. These must include evasive steering, emergency braking,
and off-road recovery, as well as the proper response to brake
failures, tire blowouts, hydroplaning, skidding, jackknifing, and
rollovers. The discussion must include a review of unsafe acts and the
role they play in producing or worsening hazardous situations.
(D) Skid control and recovery. This unit must teach the causes of
skidding and jackknifing and techniques for avoiding and recovering
from them. Driver-trainees must understand the importance of
maintaining directional control and bringing the CMV to a stop in the
shortest possible distance while operating over a slippery surface.
(E) Railroad-highway grade crossings. Driver-trainees will learn to
recognize potential dangers and appropriate safety procedures to
utilize at railroad (RR)-highway grade crossings. This instruction must
include an overview of various State RR grade crossing regulations, RR
grade crossing environments, obstructed view conditions, clearance
around the tracks, and rail signs and signals.
(F) Vehicle systems and reporting malfunctions. This unit must
provide entry-level driver-trainees with sufficient knowledge of the
combination vehicle and its systems and subsystems to ensure that they
understand and respect their role in vehicle inspection, operation, and
maintenance and the impact of those factors upon highway safety and
operational efficiency.
(G) Identification and diagnosis of malfunctions, including out-of-
service violations. This unit must teach driver-trainees to identify
major combination vehicle systems. The goal is to explain their
function and how to check all key vehicle systems, (e.g., engine,
engine exhaust auxiliary systems, brakes, drive train, coupling
systems, and suspension) to ensure their safe operation. Driver-
trainees must be provided with a detailed description of each system,
its importance to safe and efficient operation, and what is needed to
keep the system in good operating condition. Driver-trainees must
further learn what vehicle and driver violations are classified as out-
of-service (OOS), including the ramifications and penalties for
operating when subject to an OOS order as defined in Sec. 390.5 of
this chapter.
(H) Maintenance. This unit must introduce driver-trainees to the
basic servicing and checking procedures for various engine and vehicle
components and to help develop their ability to perform preventive
maintenance and simple emergency repairs.
(iv) Non-vehicle activities. This component must prepare driver-
trainees to handle the responsibilities of a driver that do not involve
actually operating the CMV.

[[Page 11976]]

(A) Handling and documenting cargo. This unit must enable driver-
trainees to understand the basic theory of cargo weight distribution,
cargo securement on the vehicle, cargo covering, and techniques for
safe and efficient loading/unloading. Driver-trainees will learn basic
cargo security/cargo theft prevention procedures in this unit. Basic
information regarding the proper handling and documentation of HM cargo
will also be covered in this unit.
(B) Environmental compliance issues. Driver-trainees will learn to
recognize environmental hazards and issues related to the CMV and load,
and made aware that city, county, State, and Federal requirements may
apply to such circumstances.
(C) Hours of service requirements. The purpose of this unit is to
enable driver-trainees to understand that there are different hours-of-
service (HOS) requirements applicable to different industries. Driver-
trainees must learn all applicable HOS regulatory requirements. Driver-
trainees will develop the ability to complete a Driver's Daily Log
(electronic and paper), timesheet, and logbook recap, as appropriate.
Driver-trainees will learn the consequences (safety, legal, and
personal) of violating the HOS regulations, including the fines and
penalties imposed for these types of violations.
(D) Fatigue and wellness awareness. The issues and consequences of
chronic and acute driver fatigue and the importance of staying alert
will be covered in this unit. Driver-trainees must learn regulatory
requirements regarding driver wellness and basic health maintenance
that affect a driver's ability to safely operate a CMV. This unit also
must address issues such as diet, exercise, personal hygiene, stress,
and lifestyle changes.
(E) Post-crash procedures. Driver-trainees must learn appropriate
post-crash procedures, including the requirement that the driver, if
possible, assess his/her physical condition immediately after the crash
and notify authorities, or assign the task to other individuals at the
crash scene. Driver-trainees must also learn how to protect the area;
obtain emergency medical assistance; move on-road vehicles off the road
in minor crashes so as to avoid subsequent crashes or injuries; engage
flashers, placing triangles, and properly use a fire extinguisher, if
necessary. The following topics must also be covered: Responsibilities
for assisting injured parties; Good Samaritan Laws; driver legal
obligations and rights, including rights and responsibilities for
engaging with law enforcement personnel; and the importance of learning
company policy on post-crash procedures. Driver-trainees must receive
instruction in post-crash testing requirements related to controlled
substances and alcohol. Driver-trainees must learn the techniques of
photographing the scene; obtaining witness information; assessing skid
measurements; and assessing signage, road, and weather conditions.
(F) External communications. Driver-trainees must be instructed in
the value of effective interpersonal communication techniques/skills to
interact with enforcement officials. Driver-trainees must be taught the
specifics of the roadside vehicle inspection process, and what to
expect during this activity. Driver-trainees who are not native English
speakers must be instructed in FMCSA English language proficiency
requirements and the consequences for violations. Driver-trainees also
must learn the implications of violating Federal and state regulations
on their driving records and their employing motor carrier's records.
(G) Whistleblower/coercion. This unit will advise the driver-
trainees about the right of an employee to question the safety
practices of an employer without incurring the risk of losing a job or
being subject to reprisals simply for stating a safety concern. Driver-
trainees must be instructed in the whistleblower protection regulations
in 29 CFR part 1978. They must also learn the procedures for reporting
to FMCSA incidents of coercion from motor carriers, shippers,
receivers, or transportation intermediaries.
(H) Trip planning. This unit must address the importance of and
requirements for planning routes and trips. This instruction must
address planning the safest route, planning for rest stops, heavy
traffic areas, railroad-highway grade crossing safe clearance and
ground clearance (i.e., ``high center''), the importance of Federal and
State requirements on the need for permits, and vehicle size and weight
limitations. Driver-trainees must be instructed in the correct
identification of restricted routes, the pros and cons of Global
Positioning System (GPS)/trip routing software, and the importance of
selecting fuel-efficient routes.
(I) Drugs/alcohol. In this unit, driver-trainees must learn that
there are a variety of rules applicable to drug and alcohol use and
must receive the training required by the applicable drug and alcohol
regulations, including consequences for engaging in controlled
substance (including prescription drugs) and alcohol use-related
conduct. The importance of avoiding use of drugs/alcohol in violation
of applicable regulations must be covered in this unit.
(J) Medical requirements. In this unit, driver-trainees will learn
the Federal rules on medical certification, medical examination
procedures, general qualifications, responsibilities, and
disqualifications based on various offenses, orders, and loss of
driving privileges (49 CFR part 391, subparts B and E).
(2) Range. This unit must consist of driving exercises related to
basic vehicle control skills and mastery of basic maneuvers, as covered
in Sec. Sec. 383.111 and 383.113 of this chapter, necessary to operate
the vehicle safely. Activities in this unit will take place on a
driving range as defined in Sec. 380.605.
(i) Vehicle inspection pre-trip/enroute/post-trip. Driver-trainees
must demonstrate proficiency in proper techniques for performing pre-
trip, enroute, and post-trip inspections and making accurate notes of
actual and suspected component abnormalities or malfunctions using a
Driver Vehicle Inspection Report in accordance with the FMCSRs.
(ii) Straight line backing. Driver-trainees must demonstrate
proficiency in proper techniques for performing various straight line
backing maneuvers to appropriate criteria/acceptable tolerances.
(iii) Alley dock backing (45/90 degree). Driver-trainees must
demonstrate proficiency in proper techniques for performing 45/90
degree alley dock maneuvers, to appropriate criteria/acceptable
tolerances.
(iv) Off-set backing. Driver-trainees must demonstrate proficiency
in proper techniques for performing off-set backing maneuvers to
appropriate criteria/acceptable tolerances.
(v) Parallel parking blind side. Driver-trainees must demonstrate
proficiency in proper techniques for performing parallel parking blind
side positions/maneuvers to appropriate criteria/acceptable tolerances.
(vi) Parallel parking sight side. Driver-trainees must demonstrate
proficiency in proper techniques for performing sight side parallel
parking maneuvers to appropriate criteria/acceptable tolerances.
(3) Public road. The instructor must engage in active two-way
communication with the driver-trainees during all active training
sessions and evaluate the driving competence of the driver-trainees
during all public road training. Concepts described in paragraphs
(b)(3)(viii) through (xiii) of this section are discussed during public
road training or simulated, but not necessarily performed.

[[Page 11977]]

(i) Vehicle controls including: left turn, right turns, lane
changes, curves at highway speeds. Driver-trainees must demonstrate
proficiency in proper techniques for initiating vehicle movement,
executing left and right turns, changing lanes, navigating curves at
speed, and stopping the vehicle in a controlled manner.
(ii) Shifting/transmission. Driver-trainees must demonstrate
proficiency in proper techniques for performing safe and fuel-efficient
shifting and making any necessary adjustments in the process.
(iii) Communications/signaling. Driver-trainees must demonstrate
proficiency in proper techniques for signaling intentions and
effectively communicating with other drivers.
(iv) Visual search. Driver-trainees must demonstrate proficiency in
proper techniques for visually searching the road for potential hazards
and critical objects.
(v) Speed and space management. Driver-trainees must demonstrate
proficiency in proper habits and techniques for adjusting and
maintaining vehicle speed, taking into consideration various factors
such as traffic and road conditions. Driver trainees practice
maintaining proper speed to keep appropriate spacing between the
driver-trainee's CMV and other vehicles. Instruction must include
methods for calibrating safe following distances under an array of
conditions including traffic, weather, and CMV weight and length.
(vi) Safe driver behavior. Driver-trainees must learn and
demonstrate proficiency in safe driver behavior during their operation
of the CMV.
(vii) Hours of service (HOS) requirements. Driver-trainees must
demonstrate proficiency in the basic activities required by the HOS
regulations, such as completing a Driver's Daily Log (electronic and
paper), timesheet, and logbook recap, as appropriate.
(viii) Hazard perception (partial demonstration). Driver-trainees
must demonstrate their ability to recognize potential hazards in the
driving environment in time to reduce the severity of the hazard and
neutralize possible emergency situations. Driver-trainees must
demonstrate the ability to identify road conditions and other road
users that are a potential threat to the safety of the combination
vehicle and suggest appropriate adjustments.
(ix) Railroad (RR)-highway grade crossing (demonstration where
railroad grade crossing is available, simulated otherwise). Driver-
trainees must demonstrate the ability to recognize potential dangers
and to implement appropriate safety procedures when RR-highway grade
crossings are reasonably available.
(x) Night operation. Driver-trainees must learn how to operate a
CMV safely at night. Heightened emphasis must be placed upon the
factors affecting the operation of CMVs at night. Driver-trainees must
learn that night driving presents specific circumstances that require
heightened attention on the part of the driver. Driver-trainees must be
taught special requirements for in-vehicle safety inspection, night
vision, communications, speed, and space management, and proper use of
lights as needed to prepare driver-trainees to deal with the special
problems night driving presents. Though not required to do so, training
providers are strongly encouraged to offer driver-trainees night-
driving experience where feasible.
(xi) Extreme driving conditions. Driver-trainees must be familiar
with the special risks created by, and the heightened precautions
required by, driving CMVs under extreme driving conditions, such as
heavy rain, high wind, high heat, high grades, fog, snow, and ice.
Emphasis must be placed upon the factors affecting the operation of
CMVs in cold, hot, and inclement weather and on steep grades and sharp
curves. Driver-trainees must learn and demonstrate proficiency in
changes in basic driving habits needed to deal with the specific
challenges presented by these extreme driving conditions. Driver-
trainees will also learn proper tire chaining procedures in this unit.
(xii) Emergency maneuvers/skid avoidance. Driver-trainees must be
familiar with proper techniques for responding to CMV emergencies, such
as evasive steering, emergency braking and off-road recovery. They must
also know how to prevent or respond to brake failures, tire blowouts,
hydroplaning, skidding, jackknifing, and rollovers.
(xiii) Skid control and recovery. Driver-trainees must know the
causes of skidding and jackknifing and techniques for avoiding and
recovering from them. Driver-trainees must know how to maintain
directional control and bring the CMV to a stop in the shortest
possible distance while operating over a slippery surface.

Sec. 380.619 Passenger endorsement training curriculum.

(a) This section describes the training requirements and curriculum
that a CMV driver seeking a passenger (P) endorsement on his or her CDL
must successfully complete in order to receive the P endorsement.
(b) There is no required minimum number of instruction hours for
any portion of this training, but the training provider must cover all
the topics identified in paragraph (d).
(c) The training must be conducted in a representative vehicle for
the P endorsement.
(d) Passenger bus ``P'' entry-level driver training (ELDT)
curriculum. The passenger endorsement training must, at a minimum,
contain the following:
(1) Theory--(i) Post-crash procedures. Evidence suggests that
including ``Post-Crash Procedure'' training early in the driver-
training curriculum may enhance the impact of subsequent training and
have a positive influence in reducing crashes involving new drivers.
Accordingly, driver-trainees must learn appropriate post-crash
procedures, including the requirement that the driver, if possible,
assess his or her physical condition immediately after the crash and
notify authorities, or assign the task to a passenger or other
individuals at the crash scene. Also, driver-trainees must learn how to
obtain emergency medical assistance; move on-road vehicles off the road
in minor crashes so as to avoid subsequent crashes or injuries; engage
flashers, placing triangles, and properly use a fire extinguisher if
necessary. The following topics must also be covered: responsibilities
for assisting injured parties and Good Samaritan Laws; driver legal
obligations and rights, including rights and responsibilities for
engaging with law enforcement personnel; and the importance of learning
company policy on post-crash procedures. Driver-trainees must also
learn the techniques of photographing the scene; obtaining witness
information, skid measurements; and assessing signage, road, and
weather conditions.
(ii) Other emergency procedures. Driver-trainees must receive
instruction in managing security breaches, on-board fires, medical
emergencies, and emergency stopping procedures including the deployment
of various emergency hazard signals (49 CFR 392.22). Instruction must
also include procedures for dealing with mechanical breakdowns and
vehicle defects while enroute.
(iii) Vehicle orientation. Driver-trainees must become familiar
with basic physical and operational characteristics of a bus, including
overall height, length, width, ground clearances, rear overhang, Gross
Vehicle Weight and Gross Vehicle Weight Rating, axle weights, tire
ratings, mirrors, steer wheels, lighting, windshield, windshield
wipers, engine

[[Page 11978]]

compartments, basic electrical system, and spare tire storage.
Additionally, driver-trainees must receive instruction in techniques
for proper seat and mirror adjustments.
(iv) Pre-trip, enroute, and post-trip inspection. (A) This unit
must underscore the importance of pre-trip, enroute, and post-trip
inspections; and provide instruction in techniques for conducting such
inspections of buses and key components, including, but not limited to:
(1) Bus mechanical condition;
(2) Brakes;
(3) Tires (including tire pressure);
(4) Emergency exits;
(5) Emergency equipment;
(6) Bus interiors (including passenger seats as applicable);
(7) Restrooms and associated environmental requirements;
(8) Temperature controls (for maintaining passenger comfort);
(9) Driver and passenger seat belts; and
(10) Mirrors.
([Bgr]) Additionally, driver-trainees must receive instruction in
procedures, as applicable, in security-related inspections, including
inspections for unusual wires or other abnormal visible materials,
interior and exterior luggage compartments, packages or luggage left
behind, and signs of cargo or vehicle tampering.
(C) Driver-trainees must receive instruction in cycling-accessible
lifts and procedures for inspecting them for functionality and defects.
(v) Fueling. Driver-trainees must receive instruction emphasizing
the significance of avoiding refueling a bus while passengers are
onboard, and the imperative of avoiding refueling in an enclosed space.
(vi) Idling. Most States and local jurisdictions impose commercial
motor vehicle idling limits, generally to reduce emissions. Idling
limits can vary significantly for passenger carriers, with
considerations for ambient temperature, safety of passengers, traffic
conditions, etc. Driver-trainees must receive instruction regarding the
importance of compliance with State and local laws and regulations,
including for example, fuel savings; and the consequences of non-
compliance, including adverse health effects and penalties.
(vii) Baggage and/or cargo management. In this unit, driver-
trainees must receive training on:
([Agr]) Proper methods for handling passenger baggage and
containers to avoid worker, passenger, and non-passenger (e.g.,
bystander) related injuries and property damage.
([Bgr]) Procedures for visually inspecting baggage and containers
for prohibited items such as hazardous materials.
(C) Proper methods for handling and securing passenger baggage and
containers, as applicable.
(D) Proper handling and securement of devices associated with the
Americans with Disabilities Act (ADA) compliance, including oxygen,
wheeled mobility devices, and other associated apparatuses.
(E) Identifying prohibited and acceptable materials such as Class 1
(explosives), Hazardous Materials, articles other than Class 1
(explosive) materials, Division 6.1 (poisonous) or Division 2.3
(poisonous gas), Class 7 (radioactive) materials as specified in 49 CFR
part 177 subpart E and removing prohibited materials as appropriate.
(viii) Passenger safety awareness briefing. Driver-trainees must
receive instruction on briefing passengers on safety topics including
fastening seat belts, emergency exits, emergency phone contact
information, fire extinguisher location, safely walking in the aisle
when the bus is moving, and restroom emergency push button or switch.
(ix) Passenger management. In this unit, driver-trainees must
receive instruction concerning:
(A) Proper procedures for safe loading and unloading of passengers
prior to departure, including rules concerning standing passengers and
the Standee Line (49 CFR 392.62).
(B) Procedures for dealing with disruptive passengers.
(x) Americans with Disabilities Act (ADA) compliance. Along with
learning the proper operation of accessibility equipment (e.g., lifts),
driver-trainees must receive instruction regarding the applicable
regulations and proper procedures for engaging persons with
disabilities or special needs under the ADA. Training must cover
passengers with mobility issues, engaging passengers with sight,
hearing or cognitive impairments, and recognizing the permitted use of
service animals. Driver-trainees must receive sensitivity training and
be familiar with applicable regulations (49 CFR part 37 subpart H).
(xi) Hours of service (HOS) requirements. Driver-trainees must
receive instruction regarding HOS regulations that apply to drivers for
interstate passenger carriers. Driver-trainees must receive instruction
in the basic activities required by the HOS regulations, such as
completing a Driver's Daily Log (electronic and paper), timesheet, and
logbook recap, as appropriate. Driver-trainees must receive basic
training in how to recognize the signs of fatigue, and basic fatigue
countermeasures as a means to avoid crashes.
(xii) Safety belt safety. Driver-trainees must be instructed in the
Federal rules (Sec. 392.16 of this chapter) governing the proper use
of safety restraint systems (i.e., seat belts) by CMV drivers.
(xiii) Distracted driving. Driver-trainees must receive instruction
regarding FMCSA regulations that prohibit bus drivers from texting or
using hand-held mobile phones while operating their vehicles; and must
be instructed in the serious consequences of violations, including
crashes, heavy fines, impacts on a motor carrier's and/or driver's
safety records, and/or driver disqualification.
(xiv) Railroad (RR)-highway grade crossings. This unit must
instruct driver-trainees in applicable regulations, techniques, and
procedures for navigating RR-highway grade crossings appropriate to
passenger buses.
(xv) Weigh station obligations. Driver-trainees must receive
instruction regarding weigh-station regulations that apply to buses and
the fines applicable to drivers who unlawfully pass or avoid weigh
stations.
(xvi) Security and crime. Driver-trainees must receive instruction
in basic techniques for recognizing and minimizing risks from criminal
activities.
(xvii) Commercial Vehicle Safety Alliance (CVSA) North American
out-of-service criteria. Driver-trainees must receive instruction in
the applicable regulations for conducting CVSA Level I-VII inspections
for buses, including the vehicle defects and driver violations that can
result in out-of-service (OOS) orders, and consequences for violating
OOS orders. Training providers should provide driver-trainees with a
CVSA manual.
(xviii) Penalties and fines. Driver-trainees must receive
instruction concerning the potential consequences of violating driver-
related regulations, including impacts on driver and motor carrier
safety records, adverse impacts on the driver's Pre-employment
Screening Program record; financial penalties for both the driver and
carrier; and possible loss of CMV driving privileges.
(2) Range and public road. The instructor must engage in active
two-way communication with the driver-trainees during all active
training sessions and evaluate the driving competence of the driver-
trainees during all road training.
(i) Commercial Vehicle Safety Alliance (CVSA) North American out-
of-service criteria. Driver-trainees must

[[Page 11979]]

demonstrate their knowledge of applicable regulations for conducting
CVSA Level I-VII inspections for buses, including the vehicle defects
and driver violations that can result in out-of-service (OOS) orders,
and consequences for violating OOS orders. Training providers should
furnish driver-trainees with a CVSA manual.
(ii) Vehicle orientation. Training providers must familiarize
driver-trainees with basic bus physical and operational characteristics
including overall height, length, width, ground clearances, rear
overhang, gross vehicle weight and gross vehicle weight rating, axle
weights, tire ratings, mirrors, steer wheels, lighting, windshield,
windshield wipers, engine compartments, basic electric system, and
spare tire storage. Additionally, driver-trainees must receive
instruction in techniques for proper seat and mirror adjustments.
(iii) Pre-trip, enroute, and post-trip inspection. (A) Driver-
trainees must demonstrate their ability to conduct such pre-trip,
enroute and post-trip inspections of buses and key components,
including, but not limited to:
(1) Bus mechanical condition;
(2) Brakes;
(3) Tires (including tire pressure);
(4) Emergency exits;
(5) Emergency Equipment;
(6) Bus interiors (including passenger seats as applicable);
(7) Restrooms and associated environmental requirements;
(8) Temperature controls (for maintaining passenger comfort);
(9) Driver and passenger seat belts; and
(10) Mirrors.
(B) Additionally, driver-trainees must demonstrate their knowledge
of procedures, as applicable, in security-related inspections,
including inspections for unusual wires or other abnormal visible
materials, interior and exterior luggage compartments, packages or
luggage left behind, and signs of cargo or vehicle tampering.
(C) Driver-trainees must know how to operate cycling-accessible
lifts and the procedures for inspecting them for functionality and
defects.
(iv) Baggage and/or cargo management. In this unit, driver-trainees
must demonstrate their ability to:
(A) Properly handle passenger baggage and containers to avoid
worker, passenger, and non-passenger related injuries and property
damage;
(B) Visually inspect baggage and containers for prohibited items
such as hazardous materials;
(C) Properly handle and secure devices associated with ADA
compliance including oxygen, wheeled mobility devices, and other
associated apparatuses; and
(D) Identify prohibited and acceptable Class 1 (explosives),
Hazardous Materials, articles other than Class 1 (explosive) materials,
Division 6.1 (poisonous) or Division 2.3 (poisonous gas), Class 7
(radioactive) materials as specified in 49 CFR part 177 subpart E and
remove prohibited materials as appropriate.
(iv) Passenger safety awareness briefing. Driver-trainees must
demonstrate their ability to brief passengers on safety on topics
including: fastening seat belts, emergency exits, emergency phone
contact information, fire extinguisher location, safely walking in the
aisle when the bus is moving, and restroom emergency push button or
switch.
(v) Passenger management. In this unit, driver-trainees must
demonstrate their ability to safely load and unload passengers prior to
departure and to deal with disruptive passengers.
(vi) Railroad-highway grade crossings. This unit must instruct
driver-trainees in applicable regulations, techniques, and procedures
for navigating railroad crossings appropriate to passenger buses.

Sec. 380.621 School bus endorsement training curriculum.

(a) This section sets forth the training requirements and
curriculum that a CMV driver seeking a school bus endorsement (S) on
his or her CDL must successfully complete in order to receive the S
endorsement.
(b) There is no required minimum number of instruction hours for
any portion of this training, but the training provider must cover all
the topics identified in paragraph (d).
(c) The training must be conducted in a representative vehicle for
the S endorsement involved.
(d) School bus (S) entry-level driver training curriculum. The
school bus endorsement training must, at a minimum, include the
following:
(2) Theory--(i) Danger zones and use of mirrors. This unit must
instruct driver-trainees regarding the danger zones that exist around
the school bus and the techniques to ensure the safety of those around
the bus. These techniques include correct mirror adjustment and usage.
The types of mirrors and their use must be discussed, as well as the
requirements found in Federal Motor Vehicle Safety Standard (FMVSS) 111
(49 CFR 571.111). Driver-trainees must be informed of the dangers of
``dart-outs.'' Driver-trainees also must be instructed on the
importance of training students how to keep out of the danger zone when
around school buses and the techniques for doing so.
(ii) Loading and unloading. Driver-trainees must be instructed on
the State and local laws and procedures for loading and unloading, as
well as the required procedures for students waiting at a bus stop and
crossing the roadway at a bus stop. Special dangers involved in loading
and unloading must be specifically discussed, including procedures to
ensure the danger zone is clear and that no student has been caught in
the doorway prior to moving the vehicle Instruction also must be
included on the proper use of lights, stop arms, crossing gates, and
safe operation of the door during loading and unloading; the risks
involved with leaving students unattended on a school bus; and the
proper techniques for checking the bus for sleeping children and lost
items at the end of each route.
(iii) Post-crash procedures. This unit must instruct driver-
trainees instruction on the proper procedures following a school bus
crash. Training must include instruction on tending to injured
passengers, post-crash vehicle securement, notification procedures,
deciding whether to evacuate the bus, data gathering, and interaction
with law enforcement officials.
(iv) Emergency exit and evacuation. Driver-trainees must receive
instruction on their role in safely evacuating the bus in an emergency
and planning for an emergency in advance. Training must include proper
evacuation methods and procedures, such as the safe evacuation of
students on field and activity trips who only occasionally ride school
buses and thus may not be familiar with the procedures.
(v) Railroad-highway grade crossings. Driver-trainees are made
aware of the dangers trains present and the importance of the school
bus driver and students strictly following railroad crossing
procedures. Instruction must be given on the types of crossings,
warning signs and devices, and State and local procedures and
regulations for school buses when crossing railroad-highway grade
crossings.
(vi) Student management. Driver-trainees must receive instruction
on their responsibility to manage student behavior on the bus to ensure
that safety is maintained and the rights of others are respected.
Specific student management techniques must be discussed, including
warning signs of bullying and the techniques for managing student
behavior and

[[Page 11980]]

administering discipline. Driver-trainees must learn techniques to
avoid becoming distracted by student behavior while driving, especially
when crossing railroad tracks and during loading and unloading. Driver-
trainees also must learn techniques for handling serious problems
arising from student behavior.
(vii) Antilock-braking systems. Driver-trainees must be provided an
overview of anti-lock braking systems (ABS). Topics discussed must
include which vehicles are required to have ABS, how ABS helps the
driver, techniques for braking with ABS, procedures to follow if ABS
systems malfunction, and general ABS safety reminders.
(viii) Special safety considerations. This unit must cover special
safety considerations and equipment in school bus operations. Topics
discussed must include use of strobe lights, driving in high winds,
safe backing techniques, and preventing tail swing crashes.
(ix) Pre- and post-trip inspections. Driver-trainees must receive
an overview of the pre- and post-trip inspection requirements unique to
school bus equipment, such as mirrors, stop arms, crossing arms,
emergency exits, fire extinguishers, passenger seats, first aid kits,
interior lights, and internal vehicle conditions. Driver-trainees must
be instructed in State and local procedures, as applicable, for
inspection of school bus equipment.
(x) School bus security. This unit must cover the security issues
facing school bus drivers. Driver-trainees must be made aware of
potential security threats, techniques for preventing and responding to
security threats, how to recognize and report suspicious behavior, and
what to do in the event of a hijacking or attack on a school bus.
(xi) Route and stop reviews. Driver-trainees must be made aware of
the importance of planning their routes prior to beginning driving in
order to avoid distraction while on the road. They must learn
techniques for reviewing routes and stops, as well as State and local
procedures for reporting hazards along the route and at bus stops.
(xii) Night operation. Driver-trainees must learn about the special
challenges presented when operating a school bus at night and the
techniques for driving safely at times of darkness, such as during a
thunderstorm.
(2) Range and public road--(i) Danger zones and use of mirrors.
Driver-trainees must demonstrate the techniques necessary to ensure the
safety of persons in the danger zone around the bus. Driver-trainees
must be practice mirror adjustment and usage. The types of mirrors and
their use are shown and cones are set up to demonstrate the
requirements of 49 CFR 571.111.
(ii) Loading and unloading. Driver-trainees must practice the
loading and unloading techniques learned in the theory portion of the
training. Driver-trainees must practice checking the vehicle for
sleeping children and lost items at the end of the route.
(iii) Emergency exit and evacuation. Driver-trainees must practice
their role in safely evacuating the bus in an emergency.
(iv) Special safety considerations. Driver-trainees must practice
safe backing techniques and demonstrate their ability to avoid tail
swing crashes by using reference points when making turns.
(v) Pre- and post-trip inspections. Driver-trainees must practice
pre-and post-trip inspections of school bus-specific equipment, such as
mirrors, stop arms, crossing arms, emergency exits, fire extinguishers,
passenger seats, first aid kits, interior lights, and internal vehicle
conditions.
(vi) Railroad-highway grade crossings. Driver-trainees must
practice proper procedures for safely crossing railroad-highway grade
crossing in a school bus.

Sec. 380.623 Hazardous materials endorsement training curriculum

(a) This section sets forth the training requirements and
curriculum that a CMV driver seeking a hazardous materials endorsement
(H) on his or her CDL must successfully complete in order to receive
the H endorsement.
(b) There is no required minimum number of instruction hours for
theory training, but the training provider must cover all the topics in
the curriculum in paragraph (c) of this section.
(c) Hazardous materials entry-level driver training curriculum. The
hazardous materials (HM) curriculum must, at a minimum, include the
following:
(1) Theory--(i) Basic introductory HM requirements. Driver-trainees
must learn the basic HM competencies, including applicability
requirements when HM is being transported. Driver-trainees must also be
instructed in the HM communication requirements including: shipping
paper requirements; marking; labeling; placarding; emergency response
information; and shipper's responsibilities.
(ii) Operational HM requirements. Driver-trainees must learn the
basic competencies for transportation of HM (i.e., vehicle operation).
(iii) Reporting HM crashes and releases. Driver-trainees must learn
the proper procedures and contacts for the immediate notification
related to certain HM incidents, including instruction in the proper
completion and submission of HM Incident Reports.
(iv) Tunnels and railroad (RR)-highway grade crossing requirements.
Driver-trainees must learn the proper operation of an HM vehicle at RR-
highway grade crossings and in vehicular tunnels.
(v) Loading and unloading HM. Driver-trainees must learn the proper
loading and unloading procedures for hazardous material cargo. Driver-
trainees must also learn the requirements for proper segregation and
securement of HM, and the prohibitions on transporting certain solid
and liquid poisons with foodstuffs.
(vi) HM on passenger vehicles. Driver-trainees must learn the
various requirements for vehicles transporting passengers and property,
and the types and quantities of HM that can and cannot be transported
in these vehicles/situations.
(vii) Bulk packages. (A) Driver-trainees must learn the specialized
requirements for transportation of cargo in bulk packages, including
cargo tanks, intermediate bulk containers, bulk cylinders and portable
tanks. The unit must include training in the operation of emergency
control features, special vehicle handling characteristics, rollover
prevention, and the properties and hazards of the HM transported.
(B) Driver-trainees must learn methods specifically designed to
reduce cargo tank rollovers including, but not limited to, vehicle
design and performance, load effects, highway factors, and driver
factors.
(viii) Operating emergency equipment. Driver-trainees must learn
the applicable requirements of the FMCSRs and the procedures necessary
for the safe operation of the motor vehicle. This includes training in
special precautions for fires, loading and unloading, operation of
cargo tank motor vehicle equipment, and shut-off/shut-down equipment.
(ix) Emergency response procedures. Driver-trainees must learn the
proper procedures and best practices for handling an emergency response
and post-response operations, including what to do in the event of an
unintended release of an HM. All training, preparation, and response
efforts must focus on the hazards of the materials that have been
released; and the protection of people, property, and the environment.
(x) Engine (fueling). Driver-trainees must learn the procedures for
fueling a vehicle that contains HM.
(xi) Tire check. Driver-trainees must learn the proper procedures
for

[[Page 11981]]

checking the vehicle tires at the start of a trip and each time the
vehicle is parked.
(xii) Routes and route planning. Driver-trainees must learn the
proper routing procedures that they are required to follow for the
transportation of radioactive and non-radioactive HM.
(xiii) Hazardous materials safety permits (HMSP). Driver-trainees
must be instructed in the proper procedures and operational
requirements including communications, constant attendance, and parking
that apply to the transportation of an HM for which an HMSP is
required.

Sec. 380.625 Refresher training curriculum.

(a) This section sets forth the training requirements and
curriculum that a CDL holder who is disqualified from operating a CMV,
must complete in order to reapply for a CDL.
(b) There is no required minimum number of instruction hours for
any portion of the curriculum, but the training provider must cover all
the topics in the curriculum in paragraph (d) of this section.
(c) The training must be conducted in a representative vehicle
consistent with the driver's CDL Class and/or endorsement for which the
driver is reapplying.
(d) Entry-level driver training refresher curriculum. The refresher
curriculum must, at a minimum, include the following:
(1) Theory--(i) Post-crash procedures. Including post-crash
procedure training early in the curriculum may enhance the impact of
subsequent training and have a positive influence in reducing crashes.
Accordingly, driver-trainees must learn appropriate post-crash
procedures, including the requirement that, if possible, the driver
assess his or her physical condition immediately after the crash and
notify authorities, or assign the task to other individuals at the
crash scene. Also, driver-trainees must learn how to obtain emergency
medical assistance; move on-road vehicles off the road in minor crashes
so as to avoid subsequent crashes or injuries; engage flashers; and
place triangles. The following topics must also be covered:
responsibilities for assisting injured parties and Good Samaritan Laws;
driver legal obligations and rights, including rights and
responsibilities for engaging with law enforcement personnel; and the
importance of learning company policy on post-crash procedures. Driver-
trainees must also learn the techniques of photographing the scene;
obtaining witness information; skid measurements; and assessing
signage, road, and weather conditions.
(ii) Alcohol and controlled substances. Driver-trainees must be
instructed in the Federal regulations on driving under the influence of
alcohol or controlled substances and the potential consequences for
violating the regulations. (See part 382 and Sec. Sec. 392.4 and 392.5
of this chapter)
(iii) Driver fatigue and wellness. Driver-trainees must be
instructed in the extreme safety risks associated with fatigued
driving, and the risks and potential consequences, including legal
consequences for the driver, of causing a crash due to fatigued
driving.
(iv) Hours of service (HOS) and records of duty status/logbooks.
Driver-trainees must learn the basic applicable concepts and HOS
requirements; and must practice completing a Driver's Daily Log
(electronic and paper), timesheet, and logbook recap as appropriate.
(v) Seat belt safety. Driver-trainees must be instructed in the
Federal rules (Sec. 392.16 of this chapter) governing the proper use
of safety restraint systems (i.e., seat belts) by CMV drivers.
(vi) Distracted driving. Driver-trainees must be instructed in the
``key'' driver distraction issues, including improper cell phone use,
texting, and use of in-cab technology. This includes training in the
following aspects: visual attention (keeping eyes on the road); manual
control (keeping hands on the wheel); and cognitive awareness (keeping
mind on the task and safe operation of the CMV).
(vii) Serious traffic violations while operating a CMV. Driver-
trainees must be instructed in Federal regulations in Sec. 383.51 of
this chapter pertaining to the potential disqualification of drivers
for violations such as following too closely; improper lane changes;
driving 15 mph or more over the speed limit; and reckless driving.
(viii) CDL holder committing serious traffic violations while
operating a non-CMV. Driver-trainees must be instructed in Federal
regulations in Sec. 383.51 of this chapter pertaining to the potential
disqualification of drivers--for driving violations off the job, i.e.,
while not operating a CMV. Driver-trainees must learn that CDL holders
are held to a higher standard as the CDL is a professional license.
(ix) Safe operating procedures. Driver-trainees must be taught how
to apply their basic operating skills in a way that ensures their
safety and that of other road users under various road, weather, and
traffic conditions as follows.
(x) Visual search. Driver-trainees must be taught how to visually
search the road for potential hazards and critical objects, including
instruction on recognizing distracted pedestrians and/or distracted
drivers. This unit must include instruction in how to ensure a driver-
trainee's personal security/general awareness in common surroundings
such as truck stops, rest areas, and at shipper/receiver locations.
(xi) Vehicle communications. This unit must enable driver-trainees
to communicate their intentions to other road users (e.g., proper
signaling). Driver-trainees must learn techniques for different types
of communication on the road, including proper use of headlights, turn
signals, four-way flashers, and horns. Instruction in proper
utilization of eye contact techniques with other drivers and
pedestrians must be covered in this unit.
(xii) Speed management. This unit must instruct driver-trainees in
managing speed effectively in response to various road, weather, and
traffic conditions. Driver-trainees must understand that driving
competency cannot compensate for excessive speed. Instruction must
include methods for calibrating safe following distances under an array
of conditions including traffic, weather and CMV weight and length.
(xiii) Space management. In this unit driver-trainees will learn
how to manage the space around the vehicle for safe operation. Emphasis
must be placed upon maintaining appropriate space surrounding the
vehicle under various traffic and road conditions.
(xiv) Night operation. Driver-trainees must be instructed in how to
operate a CMV safely at night. Heightened emphasis must be placed upon
the factors affecting the safe operation of CMVs at night and in
darkness. Driver-trainees must understand that night driving presents
specific factors that require special attention on the part of the
driver. Driver-trainees must be instructed in special requirements for
vehicle safety inspection, vision, communications, speed, space
management and proper use of lights, as needed, to deal with the unique
problems night driving presents.
(xv) Extreme driving conditions. This unit must provide instruction
addressing driving under extreme conditions. Emphasis must be placed
upon the factors affecting the operation of CMVs in cold, hot, and
inclement weather and on steep grades and sharp curves. Driver-trainees
must understand the changes in basic driving habits needed to deal with
the specific problems presented by these conditions. Driver-trainees
also must be instructed

[[Page 11982]]

in proper tire chaining procedures in this unit.
(2) Advanced operating practices. Driver-trainees must learn the
perceptual skills necessary to recognize potential hazards.
(i) Hazard perception. The unit must provide instruction in
recognizing hazards in time to reduce the severity of the hazard and
neutralize possible emergency situations. Driver-trainees must learn to
identify road conditions and other road users who are a potential
threat to the safety of the combination vehicle and suggest appropriate
adjustments, e.g. defensive maneuvers. Emphasis must be placed upon
hazard recognition, visual search, adequate surveillance, and response
to possible emergency-producing situations encountered by CMV drivers.
Driver-trainees also must be instructed to recognize potential dangers
and the appropriate safety procedures to utilize while driving in
construction/work zones.
(ii) Emergency maneuvers/skid avoidance. This unit must prepare
driver-trainees to carry out appropriate responses when faced with CMV
emergencies, such as evasive steering, emergency braking, and off-road
recovery. Driver-trainees must also learn how to respond to brake
failures, tire blowouts, hydroplaning, skidding, jackknifing, and
rollovers. The discussion must include a review of unsafe acts and the
role they play in producing hazardous situations.
(iii) Skid control and recovery. This unit must teach the causes of
skidding and jackknifing and techniques for avoiding and recovering
from them. Driver-trainees must be able to maintain directional control
and bring the CMV to a stop in the shortest possible distance while
operating over a slippery surface.
(iv) Railroad (RR)-highway grade crossings. Driver-trainees must
learn to recognize potential dangers and appropriate safety procedures
to utilize at RR-highway grade crossings, including an overview of
various State RR-highway grade crossing regulations. Instruction must
also include the following topics: RR-highway grade crossing
environment, obstructed view, clearance around the tracks, and
knowledge of rail signs and signals.
(v) Roadside inspection/communication with law enforcement. Driver-
trainees must be taught the value of effective interpersonal
communications and skills to properly interact with law enforcement
officials during the roadside CMV inspection process and what to expect
during this activity.
(vi) Medical certificate/personal health and wellness. Driver-
trainees must learn the Federal regulations in subpart E of part 391 of
this chapter on medical certification and medical examination
procedures. Driver-trainees must learn about driver wellness, basic
health maintenance including diet and exercise, and the importance of
avoiding excessive use of alcohol.
(v) Whistleblower/coercion. The right of an employee to question
the safety practices of an employer without incurring the risk of
losing a job, or being subject to reprisals simply for stating a safety
concern must be included in this unit. Driver-trainees must become
familiar with the whistleblower protection regulations in 29 CFR part
1978. Driver-trainees must learn procedures for reporting to FMCSA
incidents of coercion from motor carriers, shippers, receivers, or
transportation intermediaries.
(vi) Driver/public safety importance. Training must emphasize the
fact that the CMV driver is the most important component of the motor
carrier operation and highway/public safety. Driver-trainees must
understand they are responsible for the safety of the operation, the
load, and the equipment.
(vii) Emergency stopping, crashes, incidents. Driver-trainees must
be instructed in carrying out the appropriate responses when faced with
CMV emergencies. This instruction must specifically include discussion
of evasive steering, emergency braking and off-road recovery, as well
as the proper response to brake failures, tire blowouts, hydroplaning,
skidding, jackknifing, and rollovers. This instruction must include a
review of unsafe acts and the role they play in producing hazardous
situations.
(3) Range--(i) Pre-trip and post-trip inspections. Driver-trainees
must learn the importance of vehicle inspections and must develop the
skills necessary for conducting pre-trip, enroute, and post-trip
inspections. Driver-trainees must demonstrate the ability to perform a
pre-trip inspection under 49 CFR 396.13 and a post-trip inspection
under Sec. 396.11 of this chapter. This unit must include a review of
CMV parts and accessories including brakes and components.
(ii) Load securement. Driver-trainees must learn the basic theory
of cargo weight distribution, cargo securement on the vehicle, cargo
covering, and demonstrate techniques for safe and efficient loading,
and properly securing the cargo under 49 CFR 392.9 and Sec. Sec.
393.100 through 393.136 of this chapter.
(4) Public road. Driver-trainees demonstrate the practices required
for safe operation of the CMV on a public road. This unit must include
training in basic operation and vehicle maneuvers under Sec. 391.31
(Skills and Knowledge) of this chapter. Driver-trainees must be taught
how to apply their basic operating skills in a way that ensures their
safety and that of other road users under various road, weather, and
traffic conditions.
0
4. Add subpart G to read as follows:
Subpart G--Registry of Entry-Level Driver Training Providers
Sec.
380.700 Scope.
380.703 Requirements for the training provider registry.
380.707 Entry-level training provider.
380.709 Facilities.
380.711 Equipment.
380.713 Driver-instructor qualifications/requirements.
380.715 Assessments.
380.717 Training certification.
380.719 Requirements for continued listing on the training provider
registry.
380.721 Removal from Training Provider Registry: factors considered.
380.723 Removal from Training Provider Registry: procedure.
380.725 Documentation and record retention.

Subpart G--Registry of Entry-Level Driver Training Providers

Sec. 380.700 Scope.

The rules in this subpart establish the eligibility requirements
for listing on FMCSA's Training Provider Registry (TPR). Drivers
seeking ELDT may use only providers listed on the TPR to comply with
this part.

Sec. 380.703 Requirements for the training provider registry.

(a) To be eligible for listing on the TPR, an entity must:
(1) Follow a curriculum that meets the criteria set forth in Sec.
380.613, 380.615, 380.619, 380.621, 380.623, or 380.625, as applicable;
(2) Utilize facilities that meet the criteria set forth in Sec.
380.709;
(3) Utilize vehicles that meet the criteria set forth in Sec.
380.711;
(4) Utilize driver training instructors that meet the criteria set
forth in Sec. 380.713;
(5) Allow FMCSA or its authorized representative to audit or
investigate the training provider's operations to ensure that the
provider meets the criteria set forth in this section.
(6) Submit to FMCSA an Entry-Level Driver Training Provider
Identification Report and attest that the training provider meets all
the applicable requirements of this section to obtain a

[[Page 11983]]

unique TPR number. If a training provider has more than one campus or
training location, the training provider must submit an Entry-Level
Driver Training Provider Identification Report for each campus or
training location in order to obtain a unique TPR number for each
location.
(7) Create and maintain driver-trainee records of completion and/or
withdrawal in accordance with Sec. 380.725.
(b) When a provider meets the requirements of Sec. Sec. 380.703
and 380.707, FMCSA will issue the provider a unique TPR number and add
the provider's name and contact information to the TPR Web site.

Sec. 380.707 Entry-level training provider.

(a) Training providers must require that all accepted applicants
for public road training meet minimum U.S. DOT regulations--as well as
other Federal, State, and/or local laws--related to drug screening,
controlled substances testing, age, medical certification, licensing,
and driving record.
(b) Behind-the-wheel (BTW) driving (range and public road), must
include the required driving maneuvers in Sec. 380.613, 380.615,
380.619, 380.621, or 380.625, as applicable.
(c) Theory and range instruction must include all elements
identified in Sec. 380.613, 380.615, 380.619, 380.621, 380.623, or
380.625, as applicable.
(d) Providers that train more than three driver-trainees annually
must provide training materials to each driver-trainee that address the
applicable curriculum identified in Sec. 380.613, 380.615, 380.619,
380.621, 380.623, or 380.625. Providers that train three or fewer
driver-trainees are not subject to this requirement.
(e) Separate training providers may deliver the theory and BTW
portions of the training.

Sec. 380.709 Facilities.

(a) The training provider's classroom and range facilities must
comply with all applicable Federal, State, and/or local statutes and
regulations.
(b) Training providers who teach the range portion of the
curriculum must have an instructor present on site to demonstrate
applicable skills and correct deficiencies of individual students.
(c) The range must be free of obstructions, enable the driver to
maneuver safely and free from interference from other vehicles and
hazards, and have adequate sight lines.

Sec. 380.711 Equipment.

(a) All vehicles used in the behind-the-wheel (BTW) range training
must be in safe mechanical condition.
(b) Vehicles used for BTW road training must comply with applicable
Federal and State safety requirements.
(c) Training vehicles must be in the same class (A or B) and type
(bus or truck) that driver-trainees intend to operate for their CDL
skills test.

Sec. 380.713 Driver-instructor qualifications/requirements.

(a) Theory training providers must utilize instructors who are
either an experienced driver or a theory instructor as defined in Sec.
380.605.
(b) BTW training providers must utilize experienced drivers as
defined in Sec. 380.605. BTW training instructors, during the two
years prior to engaging in BTW instruction, must not have had any CMV-
related convictions for the offenses identified in Sec. 383.51(b)
through (e). Training providers must utilize only public road BTW
instructors whose driving record meets applicable Federal and State
requirements.

Sec. 380.715 Assessments.

Driver-trainees must successfully complete a course of instruction
that meets the applicable entry-level driver training curriculum
requirements.
(a) Training providers must use assessments (in written or
electronic format) to demonstrate driver-trainees' proficiency in the
knowledge objectives in the theory portion of each unit of instruction
in Sec. 380.613, 380.615, 380.619, 380.621, 380.623, or 380.625. The
driver-trainee must receive an overall score of 80% or above on the
assessment.
(b) Training instructors must assess driver-trainee proficiency on
the range in pre-trip inspections, fundamental vehicle control skills,
and routine driving procedures for the appropriate vehicle in
accordance with the curricula in Sec. 380.613, 380.615, 380.619,
380.621, or 380.625.
(c) Training instructors must evaluate a driver-trainee's
proficiency in BTW driving skills on a public road. The instructor must
observe specified driving maneuvers required in Sec. 380.613, 380.615,
380.619, 380.621, or 380.625, as applicable. BTW public road
assessments must be administered in a vehicle of the class (A or B) and
type (bus or truck) that the driver-trainees will operate for the CDL
skills test.

Sec. 380.717 Training certification.

After an individual successfully completes training administered by
a provider on the TPR, that provider must, by close of the next
business day after the driver-trainee completes the training, upload
the training certification including the following:
(a) Driver-trainee name, CDL/CLP number, and State of licensure;
(b) Vehicle class and/or endorsement training the driver-trainee
received;
(c) Name of the training provider and its unique TPR identification
number; and
(d) Date of successful training completion.

Sec. 380.719 Requirements for continued listing on the training
provider registry.

(a) To be eligible for continued listing on the TPR, a provider
must:
(1) Meet the requirements of this subpart and the applicable
requirements of elements of Sec. 380.703 of this chapter.
(2) Biennially provide an updated Entry-Level Driver Training
Provider Identification Report to FMCSA.
(3) Report to FMCSA changes to key information, as identified in
paragraph (a)(3)(i) of this section, submitted under Sec. 380.703
within 30 days of the change.
(i) Key information is defined as training provider name, address,
phone number, type of training offered, training provider status, and
any change in State licensure, certification, or accreditation status.
(ii) Changes must be reported by submitting an updated Entry-Level
Driver Training Provider Identification Report to FMCSA.
(4) Be licensed, certified, registered, or authorized to provide
training in accordance with the applicable laws and regulations of each
State where training is provided.
(5) Maintain documentation of State licensure, registration, or
certification verifying that the provider is authorized to provide
training in that State, if applicable.
(6) Allow an audit or investigation of the training provider to be
completed by FMCSA or its authorized representative, if requested.
(7) Ensure that all required documentation is available upon
request to FMCSA or its authorized representative. The provider must
submit this documentation within 48 hours of the request.

Sec. 380.721 Removal from Training Provider Registry: factors
considered.

FMCSA may remove a provider from the TPR when a provider fails to
meet or maintain the qualifications established by this subpart or the
requirements of other State and Federal regulations applicable to the
provider. If FMCSA removes a provider from the TPR, all training
certificates issued after

[[Page 11984]]

the removal date will be considered invalid.
(a) The factors FMCSA may consider for removing a provider from the
TPR include, but are not limited to, the following:
(1) The provider fails to comply with the requirements for
continued listing on the TPR, as described in Sec. 380.719.
(2) The provider denies FMCSA or its authorized representatives the
opportunity to conduct an audit or investigation of its training
operations.
(3) The audit or investigation conducted by FMCSA or its authorized
representatives identifies material deficiencies, pertaining to the
training provider's program, operations, or eligibility.
(4) The provider falsely claims to be licensed, certified,
registered, or authorized to provide training in accordance with the
applicable laws and regulations in each State where training is
provided.
(5) The SDLA CDL exam passage rate of those individuals who
complete the provider's training is abnormally low. FMCSA is not
establishing a minimum required passage rate, but will use this
information in the context of State norms.
(b) In instances of fraud or other criminal behavior by a training
provider in which driver-trainees have knowingly participated, FMCSA
reserves the right, on a case-by-case basis, to retroactively deem
invalid training certificates that were issued by training providers
removed from the TPR.

Sec. 380.723 Removal from Training Provider Registry: procedure.

(a) Voluntary removal. To be voluntarily removed from the Training
Provider Registry (TPR), a provider must submit written notice to
FMCSA's Director, Office of Carrier, Driver, and Vehicle Safety
Standards (Director). Upon receiving the written notice, FMCSA will
remove the training provider from the TPR. On and after the date of
issuance of a notice of proposed removal from the TPR issued in
accordance with paragraph (b) of this section, such voluntary removal
notice will not be effective.
(b) Notice of proposed removal. Except as provided by paragraphs
(a) and (e) of this section, FMCSA initiates the process for removal of
a provider from the TPR by issuing a written notice to the provider,
stating the reasons for the proposed removal and setting forth any
corrective actions necessary for the provider to remain listed on the
TPR. If a notice of proposed removal is issued, the provider must
notify current driver-trainees and driver-trainees scheduled for future
training of the proposed removal. In addition, no training conducted
after issuance of the notice of proposed removal will be considered to
comply with this subpart until FMCSA withdraws the notice.
(c) Response to notice of proposed removal and corrective action. A
training provider that has received a notice of proposed removal and
wishes to remain on the TPR must submit a written response to the
Director no later than 30 days after the date of issuance of the notice
explaining why it believes that decision is not proper, as described in
paragraph (c)(1) of this section. Alternatively, the provider will set
forth corrective actions taken in response to FMCSA's notice of
proposed removal, as described in paragraph (c)(2) of this section.
(1) Opposing a notice of proposed removal. If the provider believes
FMCSA has relied on erroneous information in proposing removal from the
TPR, the provider must explain the basis for that belief and provide
supporting documentation. The Director will review the explanation.
(i) If the Director finds that FMCSA has relied on erroneous
information to propose removal of a training provider from the TPR, the
Director will withdraw the notice of proposed removal and notify the
provider of the withdrawal in writing.
(ii) If the Director finds FMCSA has not relied on erroneous
information in proposing removal, the Director will affirm the notice
of proposed removal and notify the provider in writing of the
determination. No later than 60 days after the date the Director
affirms the notice of proposed removal, the provider must comply with
this subpart and correct the deficiencies identified in the notice of
proposed removal as described in paragraph (c)(2) of this section.
(iii) If the provider does not respond in writing within 30 days of
the date of issuance of a notice of proposed removal, the removal
becomes effective immediately and the provider will be removed from the
TPR.
(2) Compliance and corrective action. (i) The provider must comply
with this subpart and complete the corrective actions specified in the
notice of proposed removal no later than 60 days after either the date
of issuance of the notice of proposed removal or the date the Director
affirms or modifies the notice of proposed removal, whichever is later.
The provider must provide documentation of compliance and completion of
the corrective action(s) to the Director. The Director may conduct an
investigation and request any documentation necessary to verify that
the provider has complied with this subpart and completed the required
corrective action(s). The Director will notify the provider in writing
whether it has met the requirements for continued listing on the TPR.
(ii) If the provider fails to complete the proposed corrective
action(s) within the 60-day period, the provider will be removed from
the TPR. The Director will notify the provider in writing of the
removal.
(3) At any time before a notice of proposed removal from the TPR
becomes final, the recipient of the notice of proposed removal and the
Director may resolve the matter by mutual agreement.
(d) Request for administrative review. If a provider has been
removed from the TPR under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of
this section, the provider may request an administrative review no
later than 30 days after the effective date of the removal. The request
must be submitted in writing to the FMCSA Associate Administrator for
Policy (Associate Administrator). The request must explain the alleged
error(s) committed in removing the provider from the TPR, and include
all factual, legal, and procedural issues in dispute, as well as any
supporting documentation.
(1) Additional procedures for administrative review. The Associate
Administrator may ask the provider to submit additional information or
attend a conference to discuss the removal. If the provider does not
provide the information requested, or does not attend the scheduled
conference, the Associate Administrator may dismiss the request for
administrative review.
(2) Decision on administrative review. The Associate Administrator
will complete the administrative review and notify the provider in
writing of the decision. The decision constitutes final Agency action.
If the Associate Administrator deems the removal to be invalid, FMCSA
will reinstate the provider's listing on the TPR.
(e) Emergency removal. In cases of fraud, criminal behavior, or
willful disregard of the regulations in this subpart or in which public
health, interest, or safety requires, the provisions of paragraph (b)
of this section are not applicable. In these cases, the Director may
immediately remove a provider from the TPR. In instances of fraud or
other criminal behavior by a training provider in which driver-trainees
have knowingly participated, FMCSA reserves the right to retroactively
deem invalid training

[[Page 11985]]

certificates issued under Sec. 380.717. A provider who has been
removed under the provisions of this paragraph may request an
administrative review of that decision as described under paragraph (d)
of this section.
(f) Reinstatement to the Training Provider Registry. (i) Any time
after a training provider's voluntary removal from the TPR, the
provider may apply to the Director to be reinstated.
(ii) No sooner than 30 days after the date of a provider's
involuntary removal from the TPR, the provider may apply to the
Director to be reinstated. In the case of an involuntarily removal, the
provider must submit documentation showing completion of any corrective
action(s) identified in the notice of proposed removal or final notice
of removal, as applicable.

Sec. 380.725 Documentation and record retention.

(a) Applicability. The documentation and retention of records
required by this subpart apply to entities that meet the requirements
of subpart F of this part and are eligible for listing on the Training
Provider Registry (TPR).
(b) All training providers on the TPR must retain the following:
(1) The training provider's policy setting forth eligibility
requirements for driver-trainee applicants related to controlled
substances testing, medical certification, licensing, and driving
records.
(2) Instructor qualification documentation indicating driving and/
or training experience, as applicable, for each instructor and copies
of commercial driver's licenses and applicable endorsements held by
behind-the-wheel (BTW) instructors.
(3) The amount of time generally allocated to theory and BTW (range
and public road) training, as applicable.
(4) The instructor-driver-trainee ratio during each portion of the
curriculum; the number of vehicles, and a description of range and
lesson plans for theory and BTW (range and public road) training, as
applicable.
(5) Names of all driver-trainees who completed or withdrew from
instruction in the required curriculum and who passed or failed the
training provider's assessment of theory and, if applicable, BTW (range
and public road) training.
(c) Retention of records. Training providers listed on the TPR must
retain the records identified in paragraph (b) of this section for a
minimum of three years from the date each required record is generated
or received, unless a record, such as a CDL, has expired or been
canceled, in which case the most recent, valid CDL should be retained.
The provisions of this part do not affect a training provider's
obligation to comply with any other local, State, or Federal
requirements prescribing longer retention periods for any category of
records described herein.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
5. The authority citation for part 383 is revised to read as follows:

Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502;
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141,
126 stat. 405, 830; and 49 CFR 1.87.
0
6. Amend Sec. 383.51 by adding paragraph (a)(8) to read as follows:

Sec. 383.51 Disqualification of drivers.

(a) * * *
(8) A holder of a CDL who is disqualified as a result of a
conviction of offenses under Sec. 383.51(b), (c), (d), or (e) must not
be fully reinstated to drive a CMV until he or she has successfully
completed the refresher training curriculum in Sec. 380.625 of this
chapter. Limited privileges to drive a CMV are to be reinstated solely
in order to allow the driver to complete the refresher training
curriculum.
* * * * *
0
7. Amend Sec. 383.71 by adding paragraphs (a)(3) and (4) and (b)(11);
revising paragraphs (e)(3) and (4); and adding paragraph (e)(5) to read
as follows:

Sec. 383.71 Driver application procedures

(a) * * *
(3) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], a person must successfully complete the training prescribed in
subpart F of part 380 of this chapter before taking the skills test for
a Class A or B CDL or a passenger or school bus endorsement or the
knowledge test for a hazardous materials endorsement. The training must
be administered by a provider listed on the Training Provider Registry.
(4) Except for driver trainees seeking the H endorsement, driver-
trainees who have successfully completed the theory portion of the
training must complete the skills portion within 360 days.
(b) * * *
(11) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], a person must successfully complete the training prescribed in
subpart F of part 380 of this chapter before taking the skills test for
an initial Class A or B CDL, a CDL with a passenger or school bus
endorsement, or knowledge test for a hazardous materials endorsement.
The training must be administered by a provider listed on the Training
Provider Registry.
* * * * *
(e) * * *
(3) Comply with the requirements specified in paragraph (b)(8) of
this section to obtain a hazardous materials endorsement;
(4) Surrender the previous CDL; and
(5) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], a person must successfully complete the training prescribed in
subpart F of part 380 of this chapter before taking the skills test for
upgrading a CDL from one class to another; or upgrading a CDL with a
passenger or school bus endorsement; or knowledge test for hazardous
materials endorsement issued on a CDL. The training must be
administered by a provider on the Training Provider Registry.
* * * * *
0
8. Amend Sec. 383.73 by revising paragraph (b)(3) introductory text
and paragraph (b)(3)(ii), and by adding paragraphs (b)(10) and (e)(8)
to read as follows:

Sec. 383.73 State procedures.

* * * * *
(b) * * *
(3) Initiate and complete a check of the applicant's driving record
to ensure that the person is not subject to any disqualification under
Sec. 383.51, or any license disqualification under State law, does not
have a driver's license from more than one State or jurisdiction, and
has completed the required training prescribed in subpart F of part 380
of this subchapter. The record check must include, but is not limited
to, the following:
* * * * *
(ii) A check with CDLIS to determine whether the driver applicant
has already been issued a CDL, whether the applicant's license has been
revoked or canceled, whether the applicant has been disqualified from
operating a CMV, and, if the CDL was issued on or after [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE FINAL RULE], whether an applicant for a
Class A and B CDL or a CDL with a hazardous materials, passenger, or
school bus endorsement has completed the training required by subpart F
of part 380 of this subchapter from a provider listed on the Training
Provider Registry;
* * * * *

[[Page 11986]]

(10) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], the State must not conduct a skills test of an applicant for a
Class A or B CDL, or a passenger or school bus endorsement until the
State verifies that the applicant successfully completed the training
prescribed in subpart F of part 380 of this subchapter from a training
provider listed on the Training Provider Registry.
* * * * *
(e) * * *
(8) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], require a person with a CDL upgrading from one class of CDL to
another or upgrading a CDL with a hazardous materials, passenger, or
school bus endorsement to successfully complete the training required
in subpart F of part 380 of this subchapter from a provider listed on
the Training Provider Registry.
* * * * *
0
9. Amend Sec. 383.95 by adding paragraph (h) to read as follows:

Sec. 383.95 Restrictions.

* * * * *
(h) Refresher training. If a CDL holder has been disqualified from
operating a CMV under Sec. 383.51(b) through (e), the State would
reinstate the CDL solely for the limited purpose of completing the
refresher training curriculum in Sec. 380.625 of this chapter. The
State may not restore full CMV driving privileges until the State
receives notification that the driver successfully completed the
refresher training curriculum.
0
10. Amend Sec. 383.153 by revising paragraph (a)(10) to read as
follows:

Sec. 383.153 Information on the CLP and CDL documents and
applications.

(a) * * *
(10) The restriction(s) placed on the driver from operating certain
equipment or vehicles, if any, indicated as follows:
(i) L for No Air brake equipped CMV;
(ii) Z for No Full air brake equipped CMV;
(iii) E for No Manual transmission equipped CMV;
(iv) O for No Tractor-trailer CMV;
(v) M for No Class A passenger vehicle;
(vi) N for No Class A and B passenger vehicle;
(vii) K for Intrastate only;
(viii) V for Medical variance;
(ix) R for Refresher training only; and
(x) At the discretion of the State, additional codes for additional
restrictions, as long as each such restriction code is fully explained
on the front or back of the CDL document.
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
11. The authority citation for part 384 is revised to read as follows:

Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs.
103 and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of
Pub. L. 112-141, 126 stat. 405, 830 and 49 CFR 1.87.

0
12. Add Sec. 384.230 to read as follows:

Sec. 384.230 Entry-level driver certification.

(a) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE] a State must follow the procedures prescribed in Sec. 383.73 of
this subchapter for verifying that a person received training from a
provider listed on the Training Provider Registry before issuing an
initial Class A or B CDL; a CDL with a hazardous materials, passenger,
or school bus endorsement; upgrade a CDL from one class to another; or
upgrade a CDL with a hazardous materials, passenger, or school bus
endorsement.
(b)(1) A State may issue a CDL to individuals who obtain an initial
CLP before [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] who
have not complied with subpart F of part 380 of this subchapter so long
as they obtain a CDL within 360 days after obtaining an initial CLP.
(2) A State may not issue a CDL to individuals who obtain a CLP on
or after [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] unless
they comply with subpart F of part 380 of this subchapter.
0
13. Add Sec. 384.301(j) to read as follows:

Sec. 384.301 Substantial compliance--general requirements.

* * * * *
(j) A State must come into substantial compliance with the
requirements of subpart B of this part and part 383 of this chapter in
effect as of [EFFECTIVE DATE OF THE FINAL RULE], but not later than
[DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE].

Issued under the authority of delegation in 49 CFR 1.87.

Dated: February 19, 2016.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2016-03869 Filed 3-4-16; 8:45 am]
BILLING CODE 4910-EX-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.