
[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





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 Federal Motor Carrier Safety Administration





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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]]


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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.

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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.
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    \1\ Class A covers all large, articulated vehicles, usually 
tractor/trailers Class B vehicles include both large straight trucks 
and buses.
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    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$]
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                                                                                                           Undiscounted                                                     Discounted
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                              Year                                  Entry-level        Motor         Training                         Federal                     Discounted  at  Discounted  at
                                                                      drivers        carriers        providers         SDLAs        Government         Total            3%              7%
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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
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    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$]
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                                                                                   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%
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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
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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$]
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                                                        With speed limiters           Without speed limiters
                                                            adjustment                      adjustment
                      Year                       ---------------------------------------------------------------
                                                    3% Discount     7% Discount     3% Discount     7% Discount
                                                       rate            rate            rate            rate
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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
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    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
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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
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    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.
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    \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\ http://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\ http://www.phmsa.dot.gov/hazmat/outreach-training.
    \17\ http://www.fmcsa.dot.gov/rolloverprevention.
    \18\ http://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: http://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: 
http://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: http://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: http://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


