Partial Extension of Compliance Date for Entry-Level Driver Training, 34324-34331 [2019-14956]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Proposed Rules]
[Pages 34324-34331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14956]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[Docket No. FMCSA-2007-27748]
RIN 2126-AC25


Partial Extension of Compliance Date for Entry-Level Driver 
Training

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

ACTION: Notice of proposed rulemaking; extension of compliance date.

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SUMMARY: FMCSA proposes to amend its December 8, 2016, final rule, 
``Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators'' (ELDT final rule), by extending the compliance date 
for two provisions from the rule. The date for training providers to 
upload entry-level driver training (ELDT) certification information 
into the Training Provider Registry (TPR) and for State Driver 
Licensing Agencies (SDLAs) to receive driver-specific ELDT information 
would be extended from February 7, 2020, to February 7, 2022. This 
action would provide FMCSA additional time to complete development of 
the electronic interface that will receive and store ELDT certification 
information from training providers and transmit that information to 
the SDLAs. The proposed extension would also provide SDLAs with 
sufficient time to modify their information technology (IT) systems and 
procedures, as necessary, to accommodate their receipt of driver-
specific ELDT data from the TPR.

DATES: Comments on this notice must be received on or before August 19, 
2019.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2007-27748 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001 by telephone at 202-366-4325 or by email at 
[email protected]. If you have questions on 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
    D. Waiver of Advance Notice of Proposed Rulemaking
II. Executive Summary
    A. Purpose and Summary of the Proposed Rule
    B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses

[[Page 34325]]

    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 
(Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures
    B. E.O. 13771 (Reducing Regulation and Controlling Regulatory 
Costs)
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act (Collection of Information)
    G. E.O. 13132 (Federalism)
    H. E.O. 12988 (Civil Justice Reform)
    I. E.O. 13045 (Protection of Children)
    J. E.O. 12630 (Taking of Private Property)
    K. Privacy
    L. E.O. 12372 (Intergovernmental Review)
    M. E.O. 13211 (Energy Supply, Distribution, or Use)
    N. E.O. 13175 (Indian Tribal Governments)
    O. National Technology Transfer and Advancement Act (Technical 
Standards)
    P. Environment
    Q. E.O. 13783 (Promoting Energy Independence and Economic 
Growth)

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (Docket No. FMCSA-2007-27748), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2007-27748, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

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 
exempt 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.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2007-27748, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., 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.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under the Fixing America's Surface Transportation Act, Public Law, 
114-94 (FAST Act), FMCSA is required to publish an advance notice of 
proposed rulemaking (ANPRM) or conduct a negotiated rulemaking ``if a 
proposed rule is likely to lead to the promulgation of a major rule'' 
(49 U.S.C. 31136(g)(1)). As this proposed rule is not likely to lead to 
the promulgation of a major rule, the Agency is not required to issue 
an ANPRM or to proceed with a negotiated rulemaking.

II. Executive Summary

A. Purpose and Summary of the Proposed Rule

    FMCSA proposes to extend the compliance date for two provisions 
from the final rule, ``Minimum Training Requirements for Entry-Level 
Commercial Motor Vehicle Operators'' (81 FR 88732, Dec. 8, 2016) (ELDT 
final rule) from February 7, 2020, to February 7, 2022. The proposed 
two-year extension would delay the date by which training providers 
must begin uploading driver-specific training certification information 
into the Training Provider Registry (TPR), an electronic database that 
will contain entry-level driver training (ELDT) information. It would 
also delay the date by which State Driver Licensing Agencies (SDLAs) 
must confirm that applicants for a commercial driver's license (CDL) 
have complied with ELDT requirements prior to taking a specified 
knowledge or skills test. The extension would give FMCSA time to 
complete the IT infrastructure for the TPR to allow for the upload, 
storage, and transmission of the driver-specific training records. It 
would also provide SDLAs time to make changes, as necessary, to their 
IT systems and internal procedures that would allow them to receive the 
driver course completion information transmitted from the TPR. The 
Agency proposes to extend the compliance date at this time, so that 
SDLAs and other stakeholders can take the proposed delay into account 
when setting budget and resource allocation priorities. In proposing 
this delay, FMCSA is also proposing clarifying and conforming changes 
to the regulations established by the ELDT final rule.
    FMCSA does not propose any other substantive changes to the 
requirements established by the ELDT final rule. This means that, 
beginning February 7, 2020, training providers wishing to provide ELDT 
must be listed on the TPR and drivers seeking a CDL or endorsement on 
or after February 7, 2020, must complete the required training, as set 
forth in the ELDT final rule.

[[Page 34326]]

B. Costs and Benefits

    The Agency estimates that this proposed rule would result in 
annualized cost savings over a three-year period of $8.06 million at a 
3% discount rate and $10.13 million at a 7% discount rate.

III. Abbreviations and Acronyms

AAMVA American Association of Motor Vehicle Administrators
ANPRM Advance Notice of Proposed Rulemaking
BTW Behind the Wheel
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
CMVSA Commercial Motor Vehicle Safety Act
DOT U.S. Department of Transportation
ELDT Entry-Level Driver Training
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
IT Information Technology
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PRA Paperwork Reduction Act
RIA Regulatory Impact Analysis
RIN Regulation Identifier Number
SDLA State Driver Licensing Agency
SORN Systems of Records Notice
Sec.  Section symbol
TPR Training Provider Registry
U.S.C. United States Code

IV. Legal Basis for the Rulemaking

    The legal basis of the ELDT final rule, set forth at 81 FR 88738-
88739, also serves as the legal basis for this NPRM. A brief summary of 
the statutory authorities identified in that discussion follows. 
FMCSA's authority to amend the ELDT final rule by extending the 
compliance date for two requirements and making other necessary 
clarifying and conforming changes, as proposed, is derived from several 
concurrent statutory sources. The Motor Carrier Act of 1935, as 
amended, codified at 49 U.S.C. 31502(b), authorizes the Secretary of 
Transportation (the Secretary) to prescribe requirements for the safety 
of motor carrier operations. The NPRM also relies on the provisions of 
the Motor Carrier Safety Act of 1984, as amended, codified at 49 U.S.C. 
31136(a)(1) and (2), requiring the Secretary to establish regulations 
to ensure that commercial motor vehicles (CMVs) are operated safely, 
and that responsibilities placed on CMV drivers do not impair their 
ability to safely operate CMVs. The NPRM does not address medical 
standards for drivers or physical effects related to CMV driving (49 
U.S.C. 31136(a)(3) and (4)). The Agency does not anticipate that 
drivers will be coerced as a result of this proposal (49 U.S.C. 
31136(5)). The Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as 
amended, codified generally in 49 U.S.C. chapter 313, established the 
commercial driver's license (CDL) program and required the Secretary to 
promulgate implementing regulations, including minimum standards for 
testing and ensuring the fitness of an individual operating a 
commercial motor vehicle (49 U.S.C. 31305(a)). The specific statutory 
provision underlying the ELDT final rule, enacted as part of The Moving 
Ahead for Progress in the 21st Century Act and codified at 49 U.S.C. 
31305(c), required the Secretary to establish minimum entry-level 
driver training standards for certain individuals required to hold a 
CDL.
    The Administrator of FMCSA is delegated authority under 49 CFR 1.87 
to carry out the functions vested in the Secretary by 49 U.S.C. 
chapters 311, 313, and 315, as they relate to CMV operators, programs, 
and safety.

V. Background

    The ELDT final rule established minimum training standards for 
individuals applying for a Class A or Class B CDL for the first time; 
individuals upgrading their CDL to a Class B or Class A; and 
individuals obtaining the following endorsements for the first time: 
Hazardous materials (H), passenger (P), and school bus (S). The final 
rule also defined curriculum standards for theory and behind-the-wheel 
(BTW) instruction for Class A and B CDLs and the P and S endorsements, 
and theory instruction requirements for the H endorsement. 
Additionally, the rule required that SDLAs verify ELDT completion 
before allowing the applicant to take a skills test for a Class A or 
Class B CDL, or a P or S endorsement; or a knowledge test prior to 
obtaining the H endorsement.
    The final rule also established the TPR, an online database which 
would allow ELDT providers to electronically register with FMCSA and 
certify that individual driver-trainees completed the required 
training. The rule set forth eligibility requirements for training 
providers to be listed on the TPR, including a certification, under 
penalty of perjury, that their training programs meet those 
requirements. The final rule, when fully implemented, will require 
training providers to enter driver-specific ELDT information, which 
FMCSA will then verify before transmitting to the SDLA. The process is 
designed to deliver a finished ``product'' (i.e., verified driver-
specific ELDT information) to the end user, the SDLA. The NPRM is 
therefore consistent with the Agency's position that full 
implementation of the final rule presumes an integrated electronic 
system used concurrently by training providers, FMCSA, and the SDLAs. 
As FMCSA stated in the ELDT final rule, SDLAs will not be required to 
accept paper training certificates as evidence of ELDT completion.\1\
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    \1\ See 81 FR 88732, 88767 (Dec. 8, 2016)
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    In adopting the February 7, 2020, compliance date for the ELDT 
final rule, FMCSA noted that several changes to the ELDT NPRM, 
published on March 7, 2016 (81 FR 11944), reduced the regulatory 
implementation burden on SDLAs. For example, the final rule dropped the 
proposed requirement for refresher training, which would have required 
SDLAs to issue restricted CDLs so that the BTW portion of the training 
could be completed on public roads. FMCSA also removed the proposed 
requirements that SDLAs verify the applicant received ELDT from a 
provider listed on the TPR and maintain a separate record of the 
applicant's training certification information. These provisions, if 
retained in the ELDT final rule, would have required more extensive IT 
modifications by the SDLAs. FMCSA therefore believed, in light of the 
simplified requirements, that the TPR and State-based systems could be 
integrated and operational by the February 7, 2020, compliance date, 
allowing adequate time for the States to pass implementing legislation 
and modify their technology platforms as necessary. Unfortunately, due 
to unanticipated delays in completing the entire IT infrastructure for 
the TPR, FMCSA concludes that the compliance date of February 7, 2020, 
must be extended to February 7, 2022, for the two provisions discussed 
above in section II.A, ``Purpose and Summary of the Proposed Rule.''
    FMCSA previously acknowledged that the American Association of 
Motor Vehicle Administrators (AAMVA) and individual SDLAs, in comments 
submitted to the NPRM, raised important questions and concerns 
regarding transmittal of the applicant's ELDT information through the 
Commercial Driver's License Information System (CDLIS). Accordingly, 
the Agency said that it ``will work closely with AAMVA and the SDLAs 
during the implementation

[[Page 34327]]

phase to address these issues in a way that minimizes the 
administrative burden on States to the greatest extent possible.'' \2\ 
FMCSA continues to follow that approach and remains actively engaged 
with AAMVA to identify the most efficient means of transmitting the 
ELDT certification information to the SDLAs.
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    \2\ 81 FR 88767 (Dec. 8, 2016).
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VI. Discussion of Notice of Proposed Rulemaking (NPRM)

    Today's NPRM proposes a new compliance date of February 7, 2022, 
for two provisions from the ELDT final rule: the requirement that 
training providers upload driver-specific training certification 
information to the TPR, and the requirement that SDLAs confirm driver 
applicants are in compliance with the ELDT requirements prior to taking 
a skills test for a Class A or Class B CDL, or a passenger (P) or 
school bus (S) endorsement, or prior to taking the knowledge test to 
obtain the hazardous materials (H) endorsement. The proposed two-year 
extension of the compliance date of these two requirements, from 
February 7, 2020, to February 7, 2022, is necessary to allow the Agency 
time to complete full functionality for the TPR and to establish the 
electronic means by which the ELDT certification information will be 
transmitted to the SDLAs. The proposed extension would also permit the 
SDLAs time to make necessary modifications to their IT systems that 
would allow them to receive ELDT certification information from the 
TPR, and to adopt required procedural changes to ensure the information 
is used in accordance with the ELDT final rule. The Agency requests 
comment on the proposed two-year extension of the compliance date for 
the two provisions discussed above.
    The proposed extension of the compliance date does not apply to any 
other provision from the ELDT final rule, which retains the initial 
compliance date of February 7, 2020. This means that by February 7, 
2020, in order to be listed on the TPR, a training provider must meet 
the applicable eligibility requirements set forth in 49 CFR part 380, 
subpart G, and electronically register with the TPR, which will include 
affirming, under penalty of perjury, that the provider meets the 
eligibility requirements and will, at a minimum, follow the FMCSA-
prescribed curriculum for the CDL class or endorsement. Although the 
TPR will not be able to accept or transmit the ELDT training 
certification information needed for SDLAs to confirm that drivers are 
meeting their training requirements, training providers listed on the 
TPR would remain subject to the documentation and recordkeeping 
requirements set forth in Sec.  380.725, beginning February 7, 2020. 
The Agency intends to permit training providers to begin electronic 
registration prior to the compliance date of February 7, 2020. FMCSA 
will provide additional guidance on the TPR registration process before 
the registration period opens.
    Additionally, beginning February 7, 2020, driver applicants must 
complete the training required in 49 CFR part 380, subpart F, and 
comply with the requirements of 49 CFR 383.71(a)(3), (b)(11), and 
(e)(5), prior to obtaining any of the following commercial license 
credentials for the first time: A Class A or Class B CDL; an upgrade to 
a Class B or a Class A CDL; or an H, P, or S endorsement. Driver 
applicants must obtain ELDT from a training provider listed on the TPR. 
The TPR will be accessible to driver applicants who need to identify a 
registered training provider that meets their needs.

VII. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries in which they operate, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

VIII. Section-by-Section Analysis

    FMCSA proposes to revise section 380.717 by changing the compliance 
date for training providers to electronically transmit training 
certification information to the TPR from February 7, 2020, to February 
7, 2022. In section 383.73, paragraphs (b)(11) and (e)(9), FMCSA 
proposes to change the compliance date from February 7, 2020, to 
February 7, 2022. This would delay by two years the date by which a 
State must verify the applicant has completed the required ELDT. The 
Agency also proposes to revise section 384.230 by changing the 
compliance date from February 7, 2020, to February 7, 2022. This date 
identifies when a State must comply with the requirements of sections 
383.73(b)(11) and (e)(9). In addition, current paragraph (b) of section 
384.230 would be deleted in conformance with the change in the States' 
compliance date. As a result of that change, current paragraph (a) 
would be designated as section 384.230. Finally, the NPRM would revise 
section 384.301(k) by requiring States to come into substantial 
compliance with the ELDT-related requirements of sections 383.73 and 
384.230 no later than February 7, 2022.
    Unrelated to the delayed compliance date for these portions of the 
final rule, FMCSA also proposes to make several clarifying changes to 
existing ELDT-related requirements in section 383.73. In paragraphs 
(b)(3) and (b)(3)(ii), the proposal would remove references to the 
State performing a check for whether the applicant has completed 
required training prior to initial issuance of the CDL. This proposed 
change reflects that, as intended by the ELDT final rule, the threshold 
for the SDLA's verification that an applicant completed the required 
ELDT is at the point of skills testing or, in the case of the H 
endorsement, knowledge testing. This proposed change would therefore 
eliminate what would otherwise be a duplicative requirement 
inadvertently imposed on the States; the requirement that States verify 
the applicant received ELDT training before conducting skills testing 
is already set forth in section 383.73(b)(11). Similarly, the NPRM 
would revise paragraph (e)(9) to clarify that the State must verify an 
applicant's completion of required ELDT at the point of testing, not 
issuance.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    FMCSA performed an analysis of the impacts of the proposed rule and 
determined it is not a significant regulatory action under section 3(f) 
of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and 
Review, as supplemented by E.O. 13563 (76 FR 3821, Jan. 21, 2011), 
Improving Regulation and Regulatory Review. Accordingly, the Office of 
Management and Budget (OMB) has not reviewed it under that Order. It is 
also not significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.6 dated Dec. 20, 2018).
    As discussed above, this proposed rule would delay, until February 
7, 2022, the compliance date of two provisions from the ``Minimum 
Training Requirements for Entry-Level Commercial Motor Vehicle 
Operators'' Final Rule (81 FR 88732, Dec. 8, 2016), (ELDT final rule). 
The two provisions proposed for delay are the requirement that training 
providers electronically transmit training certification information to 
the TPR, and the

[[Page 34328]]

requirement that States verify the applicant has completed the required 
ELDT. This proposed rule would not impact any other substantive 
requirement of the ELDT final rule, which retains the compliance date 
of February 7, 2020.
    Because FMCSA proposes to delay the implementation of these two 
provisions of the ELDT final rule to 2022, this regulatory evaluation 
presents the costs that would not be realized in years 2020-2021. 
Because the Agency does not propose any changes to the training 
requirements of the ELDT final rule, this NRPM would not impact the 
benefits enumerated in the ELDT final rule.
    As a result of the two-year delay, SDLAs and training providers 
would experience marginal cost savings in years 2020 and 2021, with no 
changes to the costs presented in the 2016 Regulatory Impact Analysis 
that accompanied the ELDT final rule (2016 RIA) for years 2022-2029. 
The Agency presents the costs relative to the baseline of the ELDT 
final rule.
    In the ELDT final rule, FMCSA assumed that SDLAs would incur costs 
related to IT system modifications necessary to allow them to receive 
the ELDT certification information and use it in accordance with the 
ELDT final rule. Because this proposed rule would shift the SDLAs' 
compliance date by two years, we conclude that any assumed costs by the 
SDLAs would also be shifted two years, to 2022 rather than 2020. This 
change is merely a temporal shift of a cost assumed as part of the 2016 
RIA for the ELDT final rule.
    FMCSA estimated in the 2016 RIA that in 2020 this IT system upgrade 
would cost $1.2 million per SDLA, and therefore $60 million,\3\ across 
all 51 SDLAs. FMCSA acknowledged in the 2016 RIA that, while some of 
these costs may be incurred prior to the effective date of the rule, 
FMCSA applied this entire cost to the first year of the analysis 
(2020). As noted above, the proposed rule shifts these costs from 2020 
to 2022, which would result in a cost savings to SDLAs of $1.21 million 
annualized over three years at a 3% discount rate and $2.88 million at 
a 7% discount rate. These estimates of cost savings represent the sum 
across all 51 SDLAs.
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    \3\ The 2016 final RIA estimated costs and benefits in 2014 
dollars. All estimates in this analysis have been updated from 2014 
dollars to 2018 dollars using a multiplier of 1.065. The GDP 
deflator for 2014 is 103.680 and the deflator for 2018 is 110.389. 
110.389/103.680 = 1.065. This is based on Implicit Price Deflators 
for Gross Domestic Product (GDP) from on the Bureau of Economic 
Analysis (BEA) archive of National Accounts (NIPA) data that were 
initially published on March-1-2019 in connection with the Initial 
estimates for 2018 Q4. Accessed April 2019 at https://apps.bea.gov/histdata/fileStructDisplay.cfm?HMI=7&DY=2018&DQ=Q4&DV=Initial&dNRD=March-1-2019. Using estimates updated to 2018 dollars, 51 SDLAs x $1,171,180 
= $59,730,159.
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    In the 2016 RIA, FMCSA estimated that training providers would 
incur costs starting in 2020 for submitting training certificate 
information to the TPR. FMCSA estimates that this proposed rule, by 
deferring these training provider costs to 2022, would result in cost 
savings to training providers of $6.84 million at a 3% and $7.25 
million at a 7% discount rate on an annualized basis over three 
years.\4\
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    \4\ The 2016 RIA annualized costs over the ten-year period 
estimated. As this proposed rule would be shifting costs out to 
begin in 2022, FMCSA annualized costs over 2020, 2021, and 2022.
---------------------------------------------------------------------------

    The Agency estimates that this proposed rule would result in total 
annualized cost savings over a three-year period of $8.06 million at a 
3% discount rate and $10.13 million at a 7% discount rate.

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    E.O. 13771 was issued on January 30, 2017 (82 FR 9339, Feb. 3, 
2017).
    This proposed rule is expected to have total costs less than zero 
and would qualify as an E.O. 13771 deregulatory action if finalized. 
The present value of the cost savings of this proposed rule, measured 
on an infinite time horizon at a 7% discount rate, expressed in 2016 
dollars, and discounted to 2020 (the year the proposed rule would go 
into effect and cost savings would first be realized), is $18 million. 
On an annualized basis, these cost savings are $1 million.
    For the purpose of E.O. 13771 accounting, the April 5, 2017, OMB 
guidance requires that agencies also calculate the costs and cost 
savings discounted to year 2016. In accordance with this requirement, 
the present value of the cost savings of this rule, measured on an 
infinite time horizon at a 7% discount rate, expressed in 2016 dollars, 
and discounted to 2016, is $14 million. On an annualized basis, these 
cost savings are $1 million.

C. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121, 110 Stat. 857), 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 (5 U.S.C. 601(6)). 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.
    As part of the ELDT final rule, FMCSA prepared a Final Regulatory 
Flexibility Analysis (FRFA). As noted in that FRFA, the ELDT final rule 
would affect all entities that choose to become training providers. 
Accordingly, this NPRM would also affect all entities choosing to 
become training providers. As shown in the FRFA,\5\ FMCSA estimated 
that approximately 4.6 million small entities could employ entry-level 
drivers, but that only 22,000 entities would register with FMCSA to 
become training providers. The impact of this NPRM on those entities 
that choose to become training providers would be even less than the 
$500 in the first year that the 2016 RIA estimated, as the costs for 
the first year of this NPRM would now only include costs for uploading 
individual entry-level driver training certifications, as registering 
in the TPR will have already been completed as required by the ELDT 
final rule. As the full $500 first year cost estimate used in the 2016 
RIA and FRFA was determined to be less than 1% of revenues for entities 
in any of the potentially affected industries, the same would be the 
case for any cost estimate lower than $500. Therefore, I certify that 
the proposed action would not have a significant economic impact on a 
substantial number of small entities.
---------------------------------------------------------------------------

    \5\ Section 5 of the 2016 RIA.
---------------------------------------------------------------------------

D. 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 NPRM 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, Mr. Richard Clemente listed in the FOR FURTHER INFORMATION 
CONTACT section of this NPRM. 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

[[Page 34329]]

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.

E. 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. The Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $161 million (which is the value equivalent 
of $100 million in 1995, adjusted for inflation to 2017 levels) or more 
in any one year. This proposed rule would not result in such an 
expenditure. However, the Agency does discuss the economic effects of 
this NPRM in section VIII, subsections A. and B., above.

F. Paperwork Reduction Act

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA). As 
defined in 5 CFR 1320.3(c), ``collection of information'' comprises 
reporting, recordkeeping, monitoring, posting, labeling, and other, 
similar actions. The 2016 ELDT final rule discussed the changes to the 
approved collection of information, but did not revise the supporting 
statement for that collection at that time, because the changes from 
the final rule would not take effect until after the expiration date of 
that approved collection (see PRA discussion at 81 FR 88732, 88788). 
This collection is currently being revised as part of its renewal 
cycle, and as required by the PRA (44 U.S.C. 3507(d)), FMCSA will 
submit its estimate of the burden of the proposal contained in this 
NPRM to the Office of Management and Budget (OMB) for its review of the 
collection of information renewal, and will provide notice and an 
opportunity for public comment on the estimate. It is the agency's 
intent to obtain OMB approval for the revised collection of information 
in advance of the February 7, 2020, compliance date for training 
providers under the 2016 ELDT final rule, to allow them time to 
complete the TPR registration process prior to February 7, 2020.

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 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 determined that this proposal 
would not have substantial direct costs on or for States, nor would it 
limit the policymaking discretion of States. Nothing in this document 
preempts any State law or regulation. Therefore, this rule does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism Impact Statement.

H. 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, 
eliminate ambiguity, and reduce burden.

I. 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 not 
economically significant. Therefore, no analysis of the impacts on 
children is required. In any event, the Agency does not anticipate that 
this regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

J. 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 would not effect a taking of 
private property or otherwise have taking implications.

K. Privacy

    The Consolidated Appropriations Act, 2005, (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. This rule does not change the collection of 
personally identifiable information (PII) as set forth in the 2016 ELDT 
final rule. The supporting PIA, available for review on the DOT 
website, https://www.transportation.gov/privacy, gives a full and 
complete explanation of FMCSA practices for protecting PII in general 
and specifically in relation to the ELDT final rule, which would also 
cover this proposed action.
    As required by the Privacy Act (5 U.S.C. 552a), FMCSA and DOT will 
publish, with request for comment, a system of records notice (SORN) 
that will describe FMCSA's maintenance and electronic transmission of 
information affected by the requirements of the ELDT final rule that 
are covered by the Privacy Act. This SORN will be developed to reflect 
the new storage and electronic transmission of information and will be 
published in the Federal Register not less than 30 days before the 
Agency is authorized to collect or use PII retrieved by unique 
identifier.

L. E.O. 12372 (Intergovernmental Review)

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

M. 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. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

N. 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.

[[Page 34330]]

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

    The National Technology Transfer and Advancement Act (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, FMCSA did not consider the use of voluntary 
consensus standards.

P. Environment

    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 considering the 
potential environmental impacts of their 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 prepared an Environmental Assessment (EA) to review 
the potential impacts of the ELDT final rule. That EA is available for 
inspection or copying in the Regulations.gov website listed under 
ADDRESSES.
    Because this NPRM would only delay the compliance date of portions 
of the ELDT final rule without any other substantive change to the 
regulations, FMCSA proposes to continue to rely upon the previously 
published EA to support this NPRM. As noted in that EA, implementation 
of the ELDT final rule would impose new training standards for certain 
individuals applying for their CDL, an upgrade of their CDL, or 
hazardous materials, passenger, or school bus endorsement for their 
license. FMCSA 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 are evaluated in the EA include air quality, hazardous materials 
transportation, solid waste, and public safety. But the impact area of 
focus for the EA is air quality. Specifically, as outlined in the 2016 
RIA for the ELDT final rule, FMCSA anticipated that an increase in 
driver training will 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 expected the overall environmental impacts of 
the ELDT final rule to be beneficial.

Q. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    E.O. 13783 directs executive departments and agencies to review 
existing regulations that potentially burden the development or use of 
domestically produced energy resources, and to appropriately suspend, 
revise, or rescind those that unduly burden the development of domestic 
energy resources. In accordance with E.O. 13783, DOT prepared and 
submitted a report to the Director of OMB that provides specific 
recommendations that, to the extent permitted by law, could alleviate 
or eliminate aspects of agency action that burden domestic energy 
production. This proposed rule has not been identified by DOT under 
E.O. 13783 as potentially alleviating unnecessary burdens on domestic 
energy production.

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 continues to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; 
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151; sec. 
32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.

0
2. Amend Sec.  380.717 by revising the introductory text to read as 
follows:


Sec.  380.717  Training certification.

    Beginning on February 7, 2022, after an individual completes 
training administered by a provider listed on the TPR, that provider 
must, by midnight of the second business day after the driver-trainee 
completes the training, electronically transmit training certification 
information through the TPR including the following:
* * * * *

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

0
3. The authority citation for part 383 continues 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; secs. 5401 and 7208 of Pub. L. 114-94, 129 Stat. 
1312, 1546, 1593; and 49 CFR 1.87.

0
4. Amend Sec.  383.73 by revising paragraph (b)(3) introductory text, 
paragraphs (b)(3)(ii), (b)(11), and (e)(9) 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, and does 
not have a driver's license from more than one State or jurisdiction. 
The record check must include, but is not limited to, the following:
* * * * *
    (ii) A check with the CDLIS to determine whether the driver 
applicant already has been issued a CDL, whether the applicant's 
license has been disqualified, or if the applicant has been 
disqualified from operating a commercial motor vehicle;
* * * * *
    (11) Beginning on February 7, 2022, not conduct a skills test of an 
applicant for a Class A or Class B CDL, or a passenger (P) or school 
bus (S) endorsement, until the State verifies electronically that the 
applicant completed the training prescribed in subpart F of part 380 of 
this subchapter.
* * * * *

[[Page 34331]]

    (e) * * *
    (9) Beginning on February 7, 2022, not conduct a skills test of an 
applicant for an upgrade to a Class A or Class B CDL, or a passenger 
(P), school bus (S) endorsement, or administer the knowledge test to an 
applicant for the hazardous materials (H) endorsement, unless the 
applicant has completed the training required by subpart F of part 380 
of this subchapter.
* * * * *

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

0
5. The authority citation for part 384 continues 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; sec. 5401 and 7208 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.

0
6. Revise Sec.  384.230 to read as follows:


Sec.  384.230  Entry-level driver certification.

    Beginning on February 7, 2022, a State must comply with the 
requirements of Sec.  383.73(b)(11) and (e)(9) to verify that the 
applicant completed the training prescribed in subpart F of part 380.
0
11. Amend Sec.  384.301 by revising paragraph (k) to read as follows:


Sec.  384.301  Substantial compliance-general requirements.

* * * * *
    (k) 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 February 6, 2017, as soon as practicable but not later 
than February 7, 2022.
* * * * *
    Issued under the authority of delegation in 49 CFR 1.87.

Raymond P. Martinez,
Administrator.
[FR Doc. 2019-14956 Filed 7-17-19; 8:45 am]
 BILLING CODE 4910-EX-P