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DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC 20590– 25. ELDT Instructor Qualifications 0001 or by telephone at 202–366–1577. a. BTW Instructors—Level of CMV Driving or Instruction Experience Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION: This final Administration b. Theory Instructors—Level of CMV rule responds to a Congressional Driving or Instruction Experience mandate imposed under the Moving c. Additional Instructor Qualification 49 CFR Parts 380, 383, and 384 Ahead for Progress in the 21st Century Issues [FMCSA–2007–27748] Act (MAP–21). The rule is based in part 26. BTW Instructors’ CMV Driving History on consensus recommendations from 27. ‘‘De-Certification’’ of ELDT Instructors RIN 2126–AB66 the Agency’s Entry-Level Driver 28. Self-Certification of Training Providers Training Advisory Committee 29. Training Provider Identification Form Minimum Training Requirements for and Related Information Requirements Entry-Level Commercial Motor Vehicle (ELDTAC), a negotiated rulemaking 30. Timeframe to Electronically Transmit Operators committee that held a series of meetings ELDT Certification Information between February and May 2015. 31. FMCSA’s Transmittal of ELDT AGENCY: Federal Motor Carrier Safety This Final Rule is organized as Certification and Related Information Administration (FMCSA), DOT. follows: Requirements a. Separate Training Providers ACTION: Final rule. I. Rulemaking Documents 32. Audits, Investigations, and A. Availability of Rulemaking Documents SUMMARY: FMCSA establishes new Documentation Requirements—FMCSA’s B. Privacy Act ‘‘Authorized Representative’’ minimum training standards for certain II. Executive Summary 33. Involuntary Removal From the TPR— individuals applying for their A. Purpose and Summary of the Entry- Due Process commercial driver’s license (CDL) for Level Driver Training Rule 34. Scheduling the State-Administered the first time; an upgrade of their CDL B. Summary of Major Provisions CDL Skills Test (e.g., a Class B CDL holder seeking a C. Benefits and Costs 35. Third-Party Skills Testers—Verification III. Abbreviations and Acronyms Class A CDL); or a hazardous materials of ELDT Certification IV. Legal Basis for the Rulemaking 36. Compliance Date for ELDT (H), passenger (P), or school bus (S) V. Background endorsement for the first time. These Requirements VI. March 7, 2016, Proposed Rule 37. Bond Requirements for Training individuals are subject to the entry-level VII. Discussion of Comments and Responses Providers driver training (ELDT) requirements and on the NPRM 38. Executive Order 13045—Protection of must complete a prescribed program of 1. Applicability of the ELDT Requirements Children From Environmental Health instruction provided by an entity that is 2. ELDT Requirements for CDL Applicants Risks and Safety Risks listed on FMCSA’s Training Provider Obtaining a CLP Before the Compliance VIII. Discussion of Comments and Responses Date of the Final Rule on the Analysis Registry (TPR). FMCSA will submit 3. ELDT Requirements for CDL Applicants training certification information to IX. Section-by-Section Explanation of Obtaining a CLP After the Compliance Changes From the NPRM State driver licensing agencies (SDLAs), Date of the Final Rule X. Section-by-Section Summary who may only administer CDL skills 4. ELDT Requirements for Driver-Trainees XI. Regulatory Analyses tests to applicants for the Class A and Who Obtain ELDT After the Compliance A. E.O. 12866 (Regulatory Planning and B CDL, and/or the P or S endorsements, Date of the Final Rule Review and DOT Regulatory Policies and or knowledge test for the H 5. Impact of the NPRM on ELDT Procedures as Supplemented by E.O. endorsement, after verifying the Requirements Imposed by the States 13563) 6. Application of ELDT Requirements to B. Regulatory Flexibility Act certification information is present in CMV Drivers Operating in Intrastate and the driver’s record. C. Assistance for Small Entities Interstate Commerce D. Unfunded Mandates Reform Act of 1995 DATES: This final rule is effective 7. Definition of Training Provider E. Paperwork Reduction Act February 6, 2017. The compliance date 8. Definition of ‘‘Range’’ F. E.O. 13132 (Federalism) for this rule is February 7, 2020. 9. Can BTW-range and BTW-public road G. E.O. 12988 (Civil Justice Reform) Comments sent to the Office of training be obtained from separate H. E.O. 13045 (Protection of Children) Management and Budget (OMB) on the training providers? I. E.O. 12630 (Taking of Private Property) 10. Small Training Entities collection of information must be J. Privacy 11. Required Minimum Number of BTW K. E.O. 12372 (Intergovernmental Review) received by OMB on or before January Hours L. E.O. 13211 (Energy Supply, Distribution, 9, 2017. 12. Minimum Number of Theory Hours or Use) Petitions for Reconsideration of this 13. Clock vs. Academic Hours M. E.O. 13175 (Indian Tribal Governments) final rule must be submitted to the 14. Duplication Between CLP Knowledge N. National Technology Transfer and FMCSA Administrator no later than Test and Theory Training Advancement Act (Technical Standards) January 9, 2017. 15. Core Curricula—Class A and Class B O. Environment (NEPA, CAA, E.O.12898 CDLs FOR FURTHER INFORMATION CONTACT: Mr. Environmental Justice) a. Night Driving/Operation Richard Clemente, Driver and Carrier b. Substitution of Simulators for BTW I. Rulemaking Documents Operations (MC–PSD) Division, Training A. Availability of Rulemaking FMCSA, 1200 New Jersey Ave. SE., 16. Manual v. Automatic Transmission— Washington, DC 20590–0001, by Class A and B Curricula Requirements Documents telephone at 202–366–4325, or by email 17. Class C CDL Curriculum For access to docket FMCSA–2007– at [email protected]. If you have 18. Passenger Endorsement Training 27748 to read background documents questions on viewing or submitting 19. School Bus Endorsement Training and comments received, go to http:// material to the docket, contact Docket 20. Hazardous Materials Endorsement www.regulations.gov at any time, or to Services, telephone (202) 366–9826. Training Docket Services at U.S. Department of 21. Refresher Training For comments on the Privacy 22. Training Requirements for Driver- Transportation, Room W12–140, 1200 Analysis in this Rulemaking, contact Trainees Obtaining Multiple CDL New Jersey Avenue SE., Washington, FMCSA’s Privacy Officer: Shannon Credentials DC 20590, between 9 a.m. and 5 p.m., DiMartino, Federal Motor Carrier Safety 23. Training Materials Monday through Friday, except Federal Administration, 1200 New Jersey 24. Sequence of ELDT holidays.

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B. Privacy Act requires an individual who must This rule applies to entities that train In accordance with 5 U.S.C. 553(c), complete certain CDL skills test entry-level drivers, also referred to DOT solicits comments on the Privacy requirements, defined as an ‘‘Entry- herein as driver-trainees. Training Impact Assessment (PIA) from the Level Driver,’’ to receive mandatory providers must, at a minimum, provide public to better inform its rulemaking training. The rule applies to persons instruction in a training curriculum that process. DOT posts these comments, who drive, or intend to drive, CMVs in meets all the standards established in without edit, including any personal either interstate or intrastate commerce. today’s rule and must also meet other information the commenter provides, to Military drivers, farmers, and eligibility requirements in order to be www.regulations.gov, as described in firefighters who are generally excepted listed on FMCSA’s TPR. Training the system of records notice (DOT/ALL– from the CDL requirements in part 383 providers must also attest that they meet 14 FDMS), which can be reviewed at are also excepted from this rule. the specified requirements, and in the www.dot.gov/privacy. The rule establishes Class A and Class event of an FMCSA audit or B CDL core curricula and training investigation of the provider, must II. Executive Summary curricula including passenger (P); supply documentation to verify their A. Purpose and Summary of the Entry- school bus (S); and hazardous materials compliance. The final rule also makes Level Driver Training Rule (H) endorsements. The core and conforming changes to parts 383 and 384 of the FMCSRs. FMCSA believes this final rule endorsement curricula generally are enhances the safety of commercial subdivided into theory (knowledge) and The compliance date for this rule is motor vehicle (CMV) operations on our behind-the-wheel (BTW) (range and three years after the effective date of the Nation’s highways by establishing a public road) segments. There is no final rule. This three-year period minimum standard for ELDT and minimum number of hours that driver- provides the States with sufficient time increasing the number of drivers who trainees must spend on the theory to pass necessary implementing receive ELDT. It replaces existing portions of any of the individual legislation and to modify their mandatory training requirements for curricula. However, training providers information systems to begin recording entry-level operators of CMVs in must provide instruction in all elements the CDL applicant’s compliance with interstate and intrastate operations of the applicable theory curriculum and ELDT requirements. This phase-in required to possess a CDL. The driver-trainees must receive an overall period also allows time for CMV driver minimum training standards established score of at least 80 percent on the theory training entities to develop and begin in today’s rule are for certain assessment. offering training programs that meet the individuals applying for a CDL for the The BTW curricula for the Class A eligibility requirements for listing on the first time, an upgrade of their CDL1 (e.g., and Class B CDL, comprised of range TPR. a Class B CDL holder seeking a Class A and public road segments, include C. Benefits and Costs CDL), or a hazardous materials, discrete maneuvers which each driver- passenger, or school bus endorsement trainee must proficiently demonstrate to Entry-level drivers, motor carriers, for the first time. These individuals are the satisfaction of the training training providers, SDLAs, and the subject to the ELDT requirements and instructor. There is no minimum Federal Government will incur costs for must complete a prescribed program of number of hours that driver-trainees compliance and implementation. The instruction provided by an entity listed must spend on the BTW elements of the costs of the final rule include tuition on FMCSA’s Training Provider Registry core or endorsement curricula. The expenses, the opportunity cost of time (TPR). training provider must not issue the while in training, compliance audit FMCSA’s legal authority for this training certificate unless the driver- costs, and costs associated with the rulemaking is derived from the Motor trainee demonstrates proficiency in implementation and monitoring of the Carrier Act of 1935, the Motor Carrier performing all required BTW skills. TPR. As shown in Table 1, FMCSA Safety Act of 1984, the Commercial Providers must submit electronic estimates that the 10-year cost of the Motor Vehicle Safety Act of 1986 notification to FMCSA that an final rule will total $3.66 billion on an (CMVSA), and MAP–21. individual completed the required undiscounted basis, $3.23 billion training; the Agency will provide that discounted at 3 percent, and $2.76 B. Summary of Major Provisions information to the SDLAs through the billion discounted at 7 percent (all in The rule primarily revises 49 CFR part Commercial Driver’s License 2014 dollars). Values in Table 1 are 380, Special Training Requirements. It Information System (CDLIS). rounded to the nearest million.

TABLE 1—TOTAL COST OF THE FINAL RULE [In millions of 2014$]

Undiscounted Discounted Year Entry-level Motor Training Federal Discounted at Discounted at SDLAs Total (a) drivers carriers providers government 3% 7%

2020 ...... $324 $20 $9 $56 $6 $415 $415 $415 2021 ...... 326 20 6 0 1 353 343 330 2022 ...... 328 20 7 0 1 356 336 311 2023 ...... 330 20 6 0 1 357 327 291 2024 ...... 331 20 7 0 1 359 319 274 2025 ...... 333 20 6 0 1 360 311 257 2026 ...... 335 20 7 0 1 363 304 242

1 Group A vehicles include all large, combination vehicles, usually tractor/trailers. Group B vehicles include both large straight trucks and buses.

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TABLE 1—TOTAL COST OF THE FINAL RULE—Continued [In millions of 2014$]

Undiscounted Discounted Year Entry-level Motor Training Federal Discounted at Discounted at (a) drivers carriers providers SDLAs government Total 3% 7%

2027 ...... 337 20 6 0 1 364 296 227 2028 ...... 339 21 7 0 1 368 291 214 2029 ...... 341 21 6 0 1 369 283 201

Total ...... 3,324 202 67 56 15 3,664 3,225 2,762

Annualized ...... 366 367 368 Notes: (a) Total cost 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).

The costs of this final rule specifically may improve performance; in the Safer driving and better-informed attributable to the S (school bus) context of the training required by this drivers will reduce maintenance and endorsement training requirement were final rule, improvement in task repair costs. Table 2 below presents the evaluated separately in the RIA, performance constitutes adoption of directly quantifiable benefits that because, while Section 32304 of MAP– safer driving practices that the Agency FMCSA projects will result from this 21 mandates training for entry-level believes will reduce the frequency and final rule (all in 2014 dollars, values drivers who wish to obtain a CDL or a severity of crashes, thereby resulting in rounded to the nearest million). Due to P or H endorsement, the statute is silent safer roadways for all. The training wide ranges of estimates in studies with respect to the S endorsement. related to fuel efficient driving practices relevant to the quantified benefits of the Inclusion of the S endorsement training that will be taught under the ‘speed rule and the lack of studies that requirement increases the total cost of management’ and ‘space management’ specifically focus on the curricula the rule by only approximately 0.82 sections of the curriculum reduce fuel prescribed by this rule,2 the Agency percent. On an annualized basis at a 7 consumption and consequently lower presents benefits estimated under percent discount rate, this equates to an environmental impacts associated with alternate benefit scenarios in Table 3 increase in the total cost of the rule from carbon dioxide emissions. As discussed and Table 4. These alternate scenarios $365 million to $368 million. Details of in Section 4.1.1 of the RIA for today’s these comparative analyses of the costs rule, FMCSA does not believe that the are derived from the low and high of the rule and the reasons for this training in fuel efficient driving benefit cases (see sensitivity analyses in relatively small change in costs practices addressed by this rule will Sections 4.1.1 through 4.1.3 of the RIA) resulting from the inclusion of the S contribute to measurably longer trip in which the fuel savings, CO2 endorsement training requirement are times, as the curricula focus on factors emissions reductions, and maintenance presented in Section 3 of the RIA. such as maintaining safe distances and repair cost savings are 50 percent This final rule will result in benefits between vehicles and avoiding hard lower (low benefits case) and 50 percent to CMV operators, the transportation acceleration and braking, rather than greater (high benefits case) than the industry, the traveling public, and the reducing vehicle speed. The Agency central estimates that the Agency relied environment. FMCSA estimated benefits therefore assumes in its analysis that on in developing the values presented in two broad categories: Safety benefits these fuel efficient driving practices will in Table 2. Further discussion of the low and non-safety benefits. Training related not contribute to measurably longer trip and high benefits cases is reserved to to the performance of complex tasks times. the RIA for the final rule.

TABLE 2—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE [Central case, in millions of 2014$]

Undiscounted Discounted

Year Maintenance Value of fuel Value of CO Discounted at Discounted at 2 and repair cost Total (b) savings (a) reduction savings 3% 7%

2020 ...... $89 $15 $13 $117 $117 $117 2021 ...... 151 26 22 198 192 186 2022 ...... 186 31 26 243 229 214 2023 ...... 190 32 27 248 227 206 2024 ...... 194 32 27 253 225 197 2025 ...... 197 33 27 257 222 188 2026 ...... 202 34 28 263 220 181 2027 ...... 205 34 28 266 217 172 2028 ...... 207 35 28 270 214 165

2 As described in Sections 4.1.1 through 4.1.3 of With particular respect to the estimated fuel and studies that perfectly align with the curricula of this the RIA, the Agency identified a variety of relevant CO2 savings the Agency was unable to identify any rule. studies related to each of the quantified benefits.

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TABLE 2—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE—Continued [Central case, in millions of 2014$]

Undiscounted Discounted Year Maintenance Value of fuel Value of CO Discounted at Discounted at 2 and repair cost Total (b) (a) 3% 7% savings reduction savings

2029 ...... 211 35 28 274 210 157

Total ...... 1,830 306 253 2,389 2,073 1,783

Annualized ...... 239 236 237 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 in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guid- ance on monetizing CO2 reductions, and is consistent with past DOT 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).

TABLE 3—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE [Low benefits case, in millions of 2014$]

Undiscounted Discounted Year Maintenance Value of fuel Value of CO2 (b) Discounted at Discounted at (a) and repair cost Total savings reduction savings 3% 7%

2020 ...... $44 $8 $6 $58 $58 $58 2021 ...... 75 13 11 99 96 93 2022 ...... 93 16 13 121 114 107 2023 ...... 95 16 13 124 114 103 2024 ...... 97 16 13 127 112 99 2025 ...... 99 17 14 129 111 94 2026 ...... 101 17 14 131 110 90 2027 ...... 102 17 14 133 108 86 2028 ...... 104 17 14 135 107 82 2029 ...... 106 17 14 137 105 78

Total ...... 915 153 127 1,195 1,036 891

Annualized ...... 119 118 119 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 in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guid- ance on monetizing CO2 reductions, and is consistent with past DOT 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).

TABLE 4—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE [High benefits case, in millions of 2014$]

Undiscounted Discounted Year Maintenance Value of fuel Value of CO2 (b) Discounted at Discounted at (a) and repair cost Total savings reduction savings 3% 7%

2020 ...... $133 $23 $19 $175 $175 $175 2021 ...... 226 38 32 295 287 278 2022 ...... 278 47 38 363 343 321 2023 ...... 285 48 39 371 340 308 2024 ...... 291 49 40 379 337 295 2025 ...... 296 50 40 385 332 282 2026 ...... 302 50 41 393 329 271 2027 ...... 307 51 41 399 324 258 2028 ...... 311 52 41 405 320 246 2029 ...... 316 52 42 410 314 235

Total ...... 2,745 459 372 3,576 3,100 2,668

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TABLE 4—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE—Continued [High benefits case, in millions of 2014$]

Undiscounted Discounted Year Maintenance Value of fuel Value of CO2 (b) Discounted at Discounted at (a) and repair cost Total savings reduction savings 3% 7%

Annualized ...... 358 353 355 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 in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guid- ance on monetizing CO2 reductions, and is consistent with past DOT 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).

While FMCSA believes that this final The lack of data directly linking during the period for which the benefits rule will at minimum achieve cost- training to improvements in safety of training are estimated to remain neutrality, the net of quantified costs outcomes, such as reduced crash intact) is necessary to offset the $131 and benefits (presented in Table 5 frequency or severity, posed a challenge million (annualized at 7 percent) net below) results in an annualized net cost to the Agency. Discussion regarding the cost of this final rule.4 Note that under of $131 million at a 7 percent discount efforts undertaken by FMCSA and its the low and high benefits cases rate. This estimate is based only on partners in the negotiated rulemaking presented in Table 3 and Table 4, the quantifiable costs and benefits (central process to estimate such a quantitative net cost of this final rule ranges from case) attributable to this rule. Safety link is presented in Section 4.2 of the $13 million to $250 million (annualized benefits are assessed separately via a RIA. In the NPRM, the Agency again at 7 percent), suggesting the threshold analysis discussed in detail in requested any additional data on the improvement in safety performance Section 4.2 of the RIA. safety benefits of requiring ELDT, but necessary to offset the rule’s costs may did not receive any information that be as low as 0.36 percent and as high TABLE 5—NET COST OF THE FINAL could be used to reliably quantify safety as 6.89 percent (see Section 4.2 of the RULE (CENTRAL CASE), ABSENT benefits associated with pre-CDL driver RIA for the final rule for further detail). QUANTIFIABLE SAFETY BENEFITS training. Table 6 below presents the projected [In millions of 2014$] In the absence of a clear link between number of crash reductions involving training and safety, FMCSA followed entry-level drivers that must occur 3% 7% the guidance of the Office of Year Discount Discount under the central case in each of the 10 rate rate Management and Budget (OMB) in its Circular A–4 to perform a threshold years following this final rule’s 2020 ...... $298 $298 analysis to determine the degree of implementation and in the aggregate, in 2021 ...... 151 144 safety benefits that will need to occur as order to offset the net cost ($131 million 2022 ...... 107 97 a consequence of this final rule in order annualized at 7 percent). It is the sum 2023 ...... 100 85 for the rule to achieve cost-neutrality.3 of the monetized value of all columns of 2024 ...... 94 77 As presented and discussed in detail in Table 6—not the sum of the monetized 2025 ...... 89 69 value of any individual column—that 2026 ...... 84 61 Section 4.2 of the RIA, the central 2027 ...... 79 55 estimate of this analysis is that a 3.61 results in cost-neutrality. 2028 ...... 77 49 percent improvement in safety 2029 ...... 73 44 performance (that is, a 3.61 percent reduction in the frequency of crashes Total ...... 1,152 979 involving those entry-level drivers who Annualized ...... 131 131 would receive additional pre-CDL training as a result of this final rule

3 Office of Management and Budget. Circular large trucks and buses that the annual average crash rule to achieve cost-neutrality (shown in the second A–4. Regulatory Analysis. September 17, 2003. reductions presented in Table 6 represent, the row from the bottom of Table 6), this equates to a Available at: https://www.whitehouse.gov/omb/ Agency notes that there were an estimated total reduction of only 0.14% of fatal, 0.11% of injury, circulars_a004_a-4/ (accessed July 25, 2016). 3,649 fatal, 93,000 injury, and 379,000 PDO crashes and 0.11% of PDO crashes, respectively (relative to 4 Some commenters to the RIA that was in 2014 (see U.S. Department of Transportation, calendar year 2014). These percentage reductions performed for the NPRM for this rule incorrectly Federal Motor Carrier Safety Administration are calculated as follows: Fatal = 5 ÷ 3,649; Injury interpreted the breakeven percentage reduction in (FMCSA), 2016 Pocket Guide to Large Truck and = 102 ÷ 93,000; PDO = 432 ÷ 379,000. It should be crashes estimated here as being relative to all CMV Bus Statistics, May 2016, pages 33 and 34, available re-emphasized, however, that this view of the data crashes industry-wide, rather than being relative to at: http://ntl.bts.gov/lib/59000/59100/59189/2016_ taken by some of the commenters is incorrect, and only to the much smaller sub-set of crashes Pocket_Guide_to_Large_Truck_and_Bus_ that the breakeven percentage reduction in crashes involving entry-level drivers that are affected by the Statistics.pdf (accessed July 1, 2016)). Therefore, estimated here is relative to only the much smaller rule. Note that with respect to the magnitude of the viewed in this manner, based on the annual average sub-set of crashes involving entry-level drivers that reduction in the frequency of all crashes involving number of crash reductions necessary for this final are affected by the rule.

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TABLE 6—CRASH REDUCTIONS INVOLVING ENTRY-LEVEL DRIVERS, BY TYPE, NECESSARY TO ACHIEVE COST-NEUTRALITY [For the Central Case]

Number of Number of Number of property Year fatal crashes injury crashes damage only (PDO) crashes

2020 ...... 3 54 231 2021 ...... 4 91 386 2022 ...... 5 109 463 2023 ...... 5 109 463 2024 ...... 5 109 463 2025 ...... 5 109 463 2026 ...... 5 109 463 2027 ...... 5 109 463 2028 ...... 5 109 463 2029 ...... 5 109 463

Annual Average (a) ...... 5 102 432

Total (b) ...... 49 1,016 4,319 Notes: (a) Rounded to the nearest whole number. (b) The individual values shown may not sum to the totals shown due to rounding.

III. Abbreviations and Acronyms

Abbreviation or Full name acronym

Advocates for Highway and Auto Safety ...... Advocates Advance Notice of Proposed Rulemaking ...... ANPRM American Association for Justice ...... AAJ American Association of Motor Vehicle Administrators ...... AAMVA American Bus Association ...... ABA American Public Power Association ...... APPA American Transportation Research Institute ...... ATRI American Trucking Associations ...... ATA Americans with Disabilities Act ...... ADA Anti-lock Braking Systems ...... ABS Assessing the Adequacy of Commercial Motor Vehicle Driver Training ...... Adequacy Report Associated General Contractors ...... AGC Association American of Railroads ...... AAR Behind the wheel ...... BTW California Department of Motor Vehicles ...... CA DMV Clean Air Act ...... CAA Code of Federal Regulations ...... CFR Commercial Driver’s License ...... CDL Commercial Driver’s License Information System ...... CDLIS Commercial Learner’s Permit ...... CLP Commercial Motor Vehicle ...... CMV Commercial Motor Vehicle Safety Act of 1986 ...... CMVSA Commercial Vehicle Safety Alliance ...... CVSA Commercial Vehicle Training Association ...... CVTA Delaware Department of Education ...... DDE Delaware Department of Motor Vehicles ...... DE DMV Delaware Motor Transport Association ...... DMTA Delaware Technical Community College ...... DTCC Director, Office of Carrier, Driver, and Vehicle Safety Standards ...... Director Driver and Vehicle Services Division of the Minnesota Department of Public Safety ...... Minnesota Driver Holdings, LLC ...... Driver Holdings Edison Electrical Institute ...... EEI Entry-Level Driver Training ...... ELDT Entry-Level Driver Training Advisory Committee ...... ELDTAC Executive Order ...... E.O. Federal Motor Carrier Safety Administration ...... FMCSA Federal Motor Carrier Safety Regulations ...... FMCSRs Gross Vehicle Weight Rating ...... GVWR Hazardous Materials ...... HM Hazardous Materials Endorsement ...... H Hazardous Materials Safety Permit ...... HMSP Hours of Service ...... HOS International Union of Operating Engineers ...... IUOE Iowa Department of Transportation ...... Iowa

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Abbreviation or Full name acronym

Iowa Motor Truck Association ...... IMTA Minnesota Chauffeured Limousine Association ...... MCLA Model Motorcoach Curriculum ...... MMC Motor Carrier Safety Act of 1984 ...... MCSA Motor Carrier Safety Advisory Committee ...... MCSAC Moving Ahead for Progress in the 21st Century Act ...... MAP–21 National Association of Publicly Funded Truck Driving Schools ...... NAPFTDS National Association of Small Trucking Companies ...... NASTC National Association of State Directors of Pupil Transportation Services ...... NASDPTS National Council of Farmer Cooperatives ...... NCFC National Environmental Policy Act ...... NEPA National Feed and Grain Association ...... NFGA National Governors’ Association ...... NGA National Ground Water Association ...... NGWA National Highway Traffic Safety Administration ...... NHTSA National Limousine Association ...... NLA National Motor Freight Traffic Association ...... NMFTA National Propane Gas Association ...... NPGA National School Transportation Association ...... NSTA Natural Rural Electric Cooperative Association ...... NRECA New York Association for Pupil Transportation ...... NYAPT New York Department of Motor Vehicles ...... NY DMV North Dakota Motor Carriers Association ...... NDMCA Notice of Proposed Rulemaking ...... NPRM Office of Management and Budget ...... OMB Oregon Department of Transportation ...... ODOT Out-of-service ...... OOS Owner-Operator Independent Drivers Association, Inc...... OOIDA Petroleum Marketers Association of America ...... PMAA Pipeline and Hazardous Materials Safety Administration ...... PHMSA Privacy Impact Assessment ...... PIA Professional Truck Driver Institute ...... PTDI Property Damage Only ...... PDO Regulatory Impact Analysis ...... RIA State Driver Licensing Agency ...... SDLA State of Michigan, Bureau of Driver and Vehicle Licensing Programs, Department of State ...... Michigan State of Utah, Department of Public Safety ...... Utah State of Washington Department of Licensing ...... Washington Training Provider Registry ...... TPR United Motorcoach Association ...... UMA United Parcel Service ...... UPS United States Code ...... U.S.C. United States Court of Appeals for the District of Columbia Circuit ...... D.C. Circuit United States Department of Education ...... ED United States Department of Transportation ...... DOT Virage Simulation ...... Virage Virginia Department of Motor Vehicles ...... Virginia Virginia Trucking Association ...... VTA Werner Enterprises ...... Werner West Virginia Trucking Association ...... WVTA

IV. Legal Basis for the Rulemaking Today’s rule retains a number of those enhancing the training they receive recommendations. before obtaining or upgrading a CDL. This rule is based on the authority of The Motor Carrier Act of 1935, The Motor Carrier Safety Act of 1984 the Motor Carrier Act of 1935, the Motor (MCSA), codified at 49 U.S.C. 31136(a), Carrier Safety Act of 1984, and the codified at 49 U.S.C. 31502(b), provides that ‘‘The Secretary of Transportation provides concurrent authority to Commercial Motor Vehicle Safety Act of regulate drivers, motor carriers, and 1986 (CMVSA), as described below. It may prescribe requirements for—(1) qualifications and maximum hours of vehicle equipment. It requires the also implements section 32304 of MAP– Secretary of Transportation to prescribe service of employees of, and safety of 21, requiring the establishment of regulations for CMV safety to ensure operation and equipment of, a motor minimum driver training standards for that (1) CMVs are maintained, equipped, certain individuals required to hold a carrier; and (2) qualifications and loaded, and operated safely; (2) CDL. The NPRM preceding this final maximum hours of service of employees responsibilities imposed on CMV rule reflected the recommendations of of, and standards of equipment of, a drivers do not impair their ability to FMCSA’s ELDTAC, comprised of 25 motor private carrier, when needed to operate the vehicles safely; (3) drivers’ industry stakeholders and FMCSA, promote safety of operation.’’ This rule physical condition is adequate to convened through a negotiated improves the ‘‘safety of operation’’ of operate the vehicles safely; (4) the rulemaking in 2015, as discussed below. entry-level ‘‘employees’’ who operate operation of CMVs does not have a CMVs, as defined in 49 CFR 383.5, by deleterious effect on drivers’ physical

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condition; and (5) CMV drivers are not fitness of an individual operating a to both interstate and intrastate coerced by a motor carrier, shipper, commercial motor vehicle (CMV) (49 commerce. receiver, or transportation intermediary U.S.C. 31305(a)). The requirement of The final rule includes a school bus to operate a CMV in violation of today’s rule that States test only those (S) endorsement curriculum, as regulations promulgated under this entry-level CDL applicants who have proposed in the NPRM. Although MAP– section, or chapter 51 or chapter 313 of completed the requisite training falls 21 did not specifically mandate training this title (49 U.S.C. 31136(a)). This rule within the ‘‘minimum standards for for this endorsement, the current is based specifically on 49 U.S.C. testing’’ authorized by the CMVSA. The 31136(a)(1), requiring regulations to training requirement itself, as described FMCSRs require that an applicant for ensure that CMVs are ‘‘operated safely,’’ below, was created by section 32304 of the S endorsement must pass the and secondarily on section 31136(a)(2), MAP–21. knowledge and skills test for a requiring that regulations ensure that MAP–21 requires DOT to regulate passenger vehicle (P) endorsement (49 ‘‘the responsibilities imposed on ELDT (Pub. L. 112–141, section 32304, CFR 383.123(a)(1)). FMCSA believes operators of commercial motor vehicles 126 Stat. 405, 791 (July 6, 2012)). MAP– that because Congress recognized the do not impair their ability to operate the 21 modified 49 U.S.C. 31305 by adding importance of entry-level training in the vehicles safely.’’ The rule enhances the paragraph (c), which requires FMCSA to operation of passenger vehicles by training of entry-level drivers to further issue ELDT regulations. The regulations including the P endorsement within the ensure that they operate CMVs safely must address the knowledge and skills scope of the MAP–21 mandate, the and meet the operational necessary for safe operation of a CMV inclusion of the S endorsement training responsibilities imposed on them. that must be acquired before obtaining curriculum in the final rule is consistent This rule does not directly address a CDL for the first time or upgrading with that mandate. medical standards for drivers (section from one class of CDL to another. MAP– Before prescribing any regulations, 31136(a)(3)) or possible physical effects 21 also requires that training apply to FMCSA must consider their ‘‘costs and caused by driving CMVs (section CMV operators seeking passenger or benefits’’ (49 U.S.C. 31136(c)(2)(A) and 31136(a)(4)). However, to the extent that hazardous materials endorsements (49 31502(d)). Those factors are addressed the various curricula in today’s rule U.S.C. 31305(c)(1) and (2)). Although address FMCSA’s medical requirements the statute specifically requires that the in the Regulatory Impact Analysis (RIA) for CMV drivers, section 31136(a)(3), regulations address both classroom and associated with this rulemaking and are has been considered and addressed. behind the wheel (BTW) instruction, summarized above. FMCSA does not anticipate that drivers MAP–21 otherwise allows FMCSA V. Background will be coerced (section 31136(a)(5)) as broad discretion to define the training a result of this rulemaking. However, we methodology, standards, and Regulatory History note that the theory training curricula curriculum necessary to satisfy the On March 7, 2016, FMCSA published for Class A and B CDLs include a unit ELDT mandate. addressing the right of an employee to MAP–21 clearly establishes the scope a notice of proposed rulemaking question the safety practices of an of operations to be covered by this rule (NPRM), Minimum Training employer without incurring the risk of by requiring that ELDT regulations Requirements for Entry-Level losing a job or being subject to reprisal apply to individuals operating CMVs in Commercial Motor Vehicle Operators, in simply for stating a safety concern. both interstate and intrastate commerce. the Federal Register (81 FR 11944). Driver-trainees will also be instructed in The ELDT requirements are codified in FMCSA received 338 submissions procedures for reporting to FMCSA section 31305 of Title 49 of the U.S. during the NPRM public comment incidents of coercion from motor Code, and the definition of a CMV in period. FMCSA and its predecessor carriers, shippers, receivers, or section 31301(4) therefore applies to agency, the Federal Highway transportation intermediaries. ELDT. The definition of ‘‘commerce’’ in Administration, Office of Motor CMVSA provides, among other things, section 31301(2) covers both interstate Carriers, have previously addressed the that the Secretary of Transportation commerce (paragraph A) and intrastate issue of CMV driver training. The shall prescribe regulations on minimum commerce (paragraph B). ELDT, as a regulatory and legal history of these standards for testing and ensuring the CDL-related mandate, therefore applies efforts is summarized in the table below.

TIMELINE OF REGULATORY AND JUDICIAL ACTIONS RELATED TO ENTRY-LEVEL DRIVER TRAINING

Title Type of action Citation, date Synopsis

Model Curriculum for Training Federal Highway 1985 ...... The Model Curriculum provided suggestions and recommendations Tractor-Trailer Drivers. Administration for training providers covering curriculum, facilities, vehicles, in- (FHWA) Rec- structor qualifications hiring practices, graduation requirements, ommendations. and student placement. Commercial Motor Vehicles: Train- ANPRM by June 21, 1993; The ANPRM asked 13 questions pertaining to the adequacy of train- ing for All Entry Level Drivers. FHWA. 58 FR 33874. ing standards, curriculum requirements, the requirements for ob- taining a CDL, the definition of ‘‘entry-level driver’’ training, train- ing pass rates, and costs. Assessing the Adequacy of Com- FHWA Report .... 1995 ...... It concluded, among other things, that effective ELDT needs to in- mercial Motor Vehicle Training. clude BTW instruction. Relief from Unlawfully Withheld Court Action ...... November 2002 Sought an order directing the DOT to promulgate various regula- Agency Action, In re Citizens for tions, including one establishing ELDT. Reliable and Safe Highways. Minimum Training Requirements FMCSA’s NPRM August 15, 2003; FMCSA proposed standards for mandatory training requirements for for Entry-Level Commercial 68 FR 48863. entry-level operators of commercial motor vehicles (CMVs) who Motor Vehicle Operators. are required to hold or obtain a commercial driver’s license (CDL).

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TIMELINE OF REGULATORY AND JUDICIAL ACTIONS RELATED TO ENTRY-LEVEL DRIVER TRAINING—Continued

Title Type of action Citation, date Synopsis

FMCSA’s Final May 21, 2004; The final rule included the four training elements proposed in the Rule. 69 FR 29384. NPRM: driver medical qualification and drug and alcohol testing; driver hours of service limits; driver wellness; and whistleblower protections. Advocates for Highway and Auto Court Action ...... 429 F.3d 1136 The Court held that the 2004 final rule was arbitrary and capricious Safety v. Federal Motor Carrier (D.C. Cir., De- because FMCSA ignored the finding of the Adequacy Report that Safety Administration. cember 2, BTW training was necessary and remanded the rule to the Agen- 2005). cy for further consideration. The Court did not vacate the 2004 final rule. Minimum Training Requirements FMCSA’s NPRM December 26, FMCSA proposed regulations requiring both classroom and BTW for Entry-Level Commercial 2007; 72 FR training from an accredited institution or program. Motor Vehicle Operators. 73226. Moving Ahead for Progress in the Congressional July 6, 2012; MAP–21 requires DOT to regulate ELDT. 21st Century Act (MAP–21). Action. Public Law No. 112–141, § 32304, 126 Stat. 405, 791. Minimum Training Requirements FMCSA’s With- September 19, Based on a number of considerations, FMCSA withdrew its Decem- for Entry-Level Commercial drawal Notice. 2013; 78 FR ber 26, 2007, NPRM that proposed new ELDT standards for indi- Motor VehicleOperators. 57585. viduals applying for a commercial driver’s license to operate CMVs in interstate commerce. ELDT Negotiated Rulemaking ...... FMCSA’s Public August 19, 2014; FMCSA formally announced that it was considering addressing the Notices. 79 FR 49044. rulemaking mandated by MAP–21 through a negotiated rule- making. December 10, FMCSA also stated its intention to finish the negotiated rulemaking 2014; 79 FR process in the first half of 2015, followed by publication of an 73274. NPRM the same year and a final ELDT rule in 2016. February 12, The Agency published a Federal Register notice listing the ELDTAC 2015; 80 FR members as required by the Negotiated Rulemaking Act. 7814. Public Meetings February–May The ELDTAC met for a series of six two-day meetings to produce a 2015. consensus agreement, which formed the basis for the NPRM. In Re Advocates for Highway and Court Action ...... September 18, FMCSA and DOT are sued in a mandamus action requesting that Auto Safety, the International 2014; No. 14– the D.C. Circuit order the Agency to publish a proposed rule on Brotherhood of Teamsters; and 1183, D.C. ELDT in 60 days and a final rule within 120 days of the Court’s Citizens for Reliable and Safe Circuit (2014). order. Highways vs. Anthony Foxx, March 10, 2015 The court ordered that the petition for writ of mandamus be held in Secretary of the United States abeyance pending a further order of the court to permit the DOT Department of Transportation, et to issue final regulations pursuant to MAP–21. al. Minimum Training Requirements FMCSA’s NPRM March 7, 2016; Based on the consensus findings of the Entry-Level Driver Advisory for Entry-Level Commercial 81 FR 11944. Committee, FMCSA proposed new training standards for certain Motor Vehicle Operators. individuals applying for their initial CDL; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a haz- ardous materials, passenger, or school bus endorsement; and a ‘‘refresher’’ training curriculum.

VI. March 7, 2016, Proposed Rule The proposed regulations addressed parts 383 and 384. The NPRM identified the knowledge and/or skills training specific categories of drivers excluded MAP–21 mandated that the FMCSA required for entry-level CMV drivers. from the rule, based on current issue regulations to establish minimum Additionally, the NPRM outlined new exceptions in part 383. entry-level training requirements for eligibility standards that training interstate and intrastate applicants The proposed rule also applied to providers must meet to deliver ELDT. entities that train CDL applicants. Such obtaining a CDL for the first time, CDL Finally, while not specifically required holders seeking license upgrades, and providers would, at a minimum, by MAP–21, the NPRM reflected the those seeking passenger (P) or provide instruction in accordance with ELDTAC’s consensus that training hazardous materials (H) endorsements. a training curriculum that meets all should also be required for applicants In response to that statutory mandate, FMCSA standards as set forth in the seeking a school bus (S) endorsement the Agency published an NPRM, NPRM. Under the NPRM, training and for CDL holders disqualified for ‘‘Minimum Training Requirements for providers would attest to their Entry-Level Commercial Motor Vehicle safety-related CMV driving violations compliance with the eligibility Operators,’’ on March 7, 2016. In the (refresher training). requirements set forth in proposed NPRM, FMCSA proposed the ELDTAC’s The proposed rule generally applied subpart G of part 380. These proposed consensus recommendations ‘‘to the to those individuals who obtain a CDL requirements addressed the following maximum extent possible consistent (or a CDL upgrade or endorsement) on areas: Course administration; with its legal obligations’’ as required or after the compliance date of the final instructional personnel qualifications; under the Negotiated Rulemaking Act rule and did not otherwise amend training vehicles; training facilities (e.g., (5 U.S.C. 563(a)(7)). substantive CDL requirements in 49 CFR classroom and range); curricula; and

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proficiency assessment of driver- that driver-trainees spend any minimum included quantitative data to support trainees. Training providers meeting number of hours to complete the BTW that assertion. these proposed requirements would be portion of the P or S curriculum. The Commenters generally opposing the eligible for listing on FMCSA’s Training preamble to the proposed rule stated NPRM made several arguments. The Provider Registry (TPR) and would also that, for BTW training, ‘‘[a]ll required most frequent assertions were that an be required to meet the criteria for driving maneuvers must be performed entry-level driver training program continued listing on the TPR. The to the satisfaction of the instructor . . .’’ would exacerbate a commercial driver NPRM proposed that training providers As proposed, a CDL holder disqualified shortage (especially for school bus would, at FMCSA’s request, be required from operating a CMV due to safety- drivers), that an ELDT rule was to supply specified documentary related violations would need to unnecessary because carrier-based or evidence to verify their compliance with complete refresher training other existing training regimens already the TPR eligibility requirements. requirements before applying for work, that FMCSA had no data to The NPRM described factors that reinstatement of his/her CDL. Similar to support the proposed requirements, and would justify FMCSA’s removal of a the other proposed curricula, the that FMCSA exaggerated savings or training entity from the TPR, setting refresher curriculum included both underestimated costs of the ELDT forth procedures the Agency would theory and BTW components; however, proposal. follow before removing an entity from the NPRM did not propose that a 1. Applicability of the ELDT the TPR. The NPRM also proposed minimum number of hours be required Requirements procedures that training providers to complete any portion of the refresher would follow in order to challenge a curriculum. The Agency proposed that The ELDT requirements proposed in proposed removal and to apply for SDLAs issue limited CDL privileges for the NPRM pertain to drivers who meet reinstatement to the TPR following persons seeking to become reinstated, the definition of ‘‘entry-level driver’’ in involuntary removal. solely for the purpose of allowing the § 380.605 and who intend to drive The NPRM proposed that training driver to complete the BTW portion of CMVs in interstate and/or intrastate providers would electronically notify the refresher curriculum. commerce. As proposed, drivers holding the TPR by the close of the next The proposed compliance date for a valid Class A or Class B CDL or a P, business day after driver-trainees this rule was three years after the S, or H endorsement issued before the completed training. The submission of effective date of the final rule. The compliance date of the final rule would this documentation would ensure that Agency believed the three-year phase-in not be subject to ELDT requirements. each individual received the required period would give the States enough Under the NPRM, the following training from a provider listed on the time to (1) pass implementing categories of drivers, who are currently TPR prior to taking the State- legislation and/or regulations as excepted or may, at the State’s administered CDL skills test for the necessary; (2) modify their information discretion, be excepted from CDL Class A or B CDL and/or the passenger systems to begin recording the training requirements, would also be excepted or school bus endorsement, or the provider’s certification information into from the ELDT requirements: (1) Drivers knowledge test for the hazardous CDLIS and onto the driver’s CDL record; excepted from the CDL requirements materials endorsement. and (3) begin making that information under § 383.3(c), (d), and (h), which The NPRM proposed core curricula available to other States through CDLIS. includes individuals who operate CMVs for Class A CDL and Class B CDL The three-year phase-in period would for military purposes, farmers, applicants; curricula for the P, S, and H also allow ample time for the CMV firefighters, emergency response vehicle endorsements; and a ‘‘refresher’’ driver training industry to develop and drivers and drivers removing snow and training curriculum. The proposed core begin offering training programs that ice, and drivers of ‘‘covered farm curricula for Class A and Class B CDL meet the requirements for listing on the vehicles’’; (2) drivers applying for a training programs, as well as the P and TPR. restricted CDL under § 383.3 (e) through S curricula, were subdivided into theory (g); and (3) veterans with military and BTW (range and public road) VII. Discussion of Comments and experience who meet the requirements components. The H endorsement Responses on the NPRM and conditions of § 383.77. training curriculum was proposed as There were 338 submissions on the Comments: FMCSA received theory-only training because there is no proposed rule, 190 of which provided numerous comments from various CDL skills test currently required for substantive comments. In addition to industry segments requesting exceptions those seeking an H endorsement. The private citizens, the following types of from the ELDT final rule. Comments NPRM did not propose that any entities commented on the proposed filed jointly by the American Public minimum number of hours be spent by rule: Academic institutions, agriculture Power Association (APPA), the Edison driver-trainees in completing the theory industry, motor carriers, CMV driver Electrical Institute (EEI), and the portions of any of the individual trainers, electric utilities, professional National Rural Electric Cooperative curricula, though training providers associations, owner/operators, safety Association (NRECA) requested that must cover all elements of the advocacy groups, State DMVs and other FMCSA exclude electric utility drivers applicable curriculum and trainees must governmental entities, school bus from the ELDT requirements. These achieve an overall score of at least 80 operations, and trade associations. commenters stated that driving percent on the written theory Commenters generally supporting the represents a small proportion of a utility assessment. proposed rule endorsed setting worker’s daily responsibilities and that The NPRM proposed that a minimum minimum standards, which they said electric utility drivers have excellent number of BTW hours be required for would improve road safety and reduce safety records. the Class A and Class B curricula. Class crashes involving CMVs. While a The Association of American A applicants would be required to number of commenters asserted that Railroads (AAR) commented that complete at least 30 hours of BTW over the long term, entry-level driver several of the proposed training training, while Class B applicants would training would result in greater highway standards should not apply to railroad need to complete a minimum of 15 safety and efficiencies and savings for employees required to hold a CDL. For hours BTW. The NPRM did not propose the industry, none of those comments example, AAR stated that FMCSA

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should not require railroad employees practices for non-accredited entry-level received. Therefore, based on the who hold CDLs for their duties to driver classroom and behind-the-wheel current CDL program, it is reasonable demonstrate skills such as alley dock training requirements for farm-related for FMCSA to require these individuals backing or other skills that are not industries.’’ to receive training commensurate with necessary for the performance of their The Oregon Department of the CMV driving credentials they hold. specific job functions. The Brotherhood Transportation (ODOT) supported the Additionally, FMCSA notes that it of Railroad Signalmen also requested an proposed exception for holders of valid would be virtually impossible to exception for railroad employees who CDLs issued before the compliance date implement and enforce exemptions hold CDLs. An individual commenter of the final rule, as provided in from the ELDT requirements in today’s requested that truck repair technicians § 380.603(b), but noted that the language rule based either on the driver’s be able to obtain a ‘‘special’’ CDL ‘‘except as otherwise specifically industry or anticipated use of a CMV for because they normally travel only short provided’’ is very unclear. which a CDL or endorsement is distances to repair facilities. FMCSA Response: The ELDT required. FMCSA received a large number of requirements established in today’s rule The Agency also notes that the comments from the custom harvester are aligned with the existing CDL training requirements established in industry requesting an exception from requirements in part 383. The final rule today’s rule are generally imposed on a the ELDT rule. The commenters does not create any new exceptions. one-time-only basis. This also holds true generally cited the following arguments Therefore, any individual who is for non-domiciled CDL holders; once in support of their request. First, custom currently excepted from taking a skills they complete training for the non- harvesters hire and train seasonal CDL test in order to obtain a Class A or Class domiciled CDL class or endorsement, drivers, most of whom do not already B CDL or a P or S endorsement would they would not be required to repeat have a CDL. Consequently, the custom not be subject to the final rule. that same training upon their return to harvester typically provides training to FMCSA acknowledges the concerns the United States in subsequent years. enable the driver to obtain a CDL. raised by the custom harvest industry Therefore, H2–A workers in the custom Because many entry-level drivers in the and others who believe that the harvest industry would need to custom harvester industry cannot afford specialized nature of their industries complete the applicable ELDT training costs and other CDL-related makes mandated ELDT unnecessary or requirements only once. In addition, expenses, the employer must directly unduly burdensome. In response, because the final rule permits driver- pay for, or absorb the cost of, providing FMCSA emphasizes that any entity or trainees to obtain theory and BTW CDL-related training. Custom harvester employer currently providing training training from separate providers, absent employers therefore believed that the would be eligible for listing on the TPR, a conflicting State requirement, foreign ELDT training requirements would as long as the applicable minimum workers can complete the theory portion impose additional costs on them. curricula and instructor requirements of the training online in order to reduce Second, the custom harvester industry set forth in today’s rule are met. ELDT related costs. argued that because the CMV testing Additional costs for such providers Finally, as proposed, the ELDT and licensing standards in certain would include online registration for requirements do not apply to foreign jurisdictions do not meet the the TPR, which the Agency estimates individuals holding a valid CDL or a P, CDL testing standards established in will be minimal (see RIA for discussion S, or H endorsement issued before the part 383, a temporary worker who holds of these costs). In addition, as noted in compliance date of the final rule. Due to an H2–A visa must obtain a non- the NPRM and elsewhere in this other changes in the final rule discussed domiciled CDL. Non-domiciled CDLs preamble, today’s rule does not impose below, FMCSA deletes the language are valid only for the length of the any new Federal accreditation ‘‘except as otherwise specifically holder’s work visa, which is normally requirements on either classroom or provided’’ from § 380.603(b). six to eleven months. Commenters felt BTW training providers. 2. ELDT Requirements for CDL it was unfair for them to incur the cost Further, the fact that CDL applicants Applicants Obtaining a CLP Before the of training drivers who obtain a CDL in a specific industry expect to perform that is valid only for the length of their job functions that are more limited than Compliance Date of the Final Rule employment in the United States, and the scope of the required curricula, or As proposed, § 380.603(c)(1) required for whom they usually have to pay who may be expected to travel relatively that individuals who obtain a CLP transportation expenses to and from the short distances in the course of their before the compliance date of the final United States. employment, is not a valid basis for rule would not be subject to ELDT Third, custom harvester industry exception from ELDT requirements. requirements if they obtain a CDL commenters asserted that they have a Entry-level drivers obtaining a Class A within 360 days of obtaining a CLP. strong driver safety record in the United or B CDL or a P, S, or H endorsement Therefore, under the NPRM, CLP States. The National Council of Farmer for the first time are presumed holders who fail to obtain a CDL within Cooperatives (NCFC) noted that competent to safely operate the type of the 360-day time frame would be agricultural services ‘‘present a lower CMV for which they have received a required to complete ELDT before taking risk relative to other types of license. Accordingly, CDL holders the required State-administered skills commercial vehicle operations due to should be capable of operating the test. the nature of agricultural production vehicle in appropriate settings and Comments: The New York and the way trucks and application circumstances, which may go beyond Department of Motor Vehicles (NY equipment are used.’’ NCFC specifically the specific purpose or employment for DMV) commented that ‘‘360 days is too cited less traffic congestion in rural which they initially obtained the CDL or limited and problematic’’ because the areas and fewer total miles driven than endorsement. Regardless of an States regulate how long a driver may the ‘‘general commercial trucking applicant’s intentions at the time he or wait from expiration of the original CLP industry.’’ NCFC requested that FMCSA she obtains a CDL or endorsement, the before renewing that CLP. Because a therefore grant recognition for ‘‘existing individual is in fact credentialed to CLP holder does not necessarily renew training programs, previous driving operate a range of CMVs falling within the CLP exactly on the date of experience, and current industry the CDL class of license or endorsement expiration, the period of time from the

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original CLP issuance date to the 3. ELDT Requirements for CDL related to ELDT. The State of expiration date of the renewed CLP may Applicants Obtaining a CLP After the Washington Department of Licensing be longer than 360 days. The ODOT Compliance Date of the Final Rule (Washington) commented that its asked that the 360-day limit be changed The NPRM proposed that individuals minimum commercial driver training to one year. The Virginia Department of obtaining a CLP on or after the requirements, adopted in 2009, include more required hours for entry-level Motor Vehicles (Virginia), noting that ‘‘a compliance date of the final rule must drivers than the NPRM, and urged CLP (original and renewal) could comply with applicable ELDT FMCSA ‘‘to adopt requirements with potentially be issued for a period of 390 requirements. The Agency received no greater hours that are more comparable plus days based on Virginia’s 30-day comments on this requirement and it is to our state’s requirements.’’ The New grace period,’’ requested that the period retained, as proposed, in § 380.603(c)(2). be for the full duration of the CLP York Association for Pupil instead of 360 days. 4. ELDT Requirements for Driver- Transportation (NYAPT) commented FMCSA Response: The Agency based Trainees Who Obtain ELDT After the that ‘‘FMCSA should consider ways to the proposed 360-day time period on Compliance Date of the Final Rule grandfather existing State programs that current CLP requirements, which state The NPRM proposed that, except for meet or exceed the proposed high training standards to continue in place, that the CLP must be valid for no more driver-trainees seeking the H particularly within the school bus than 180 days from the date of issuance; endorsement, driver-trainees must industry.’’ States may renew the CLP for an complete the theory and skills portion additional 180 days without requiring The State of Michigan, Bureau of of the training within 360 days Driver and Vehicle Licensing Programs, the applicant to retake applicable (§ 383.71(a)(4)). knowledge tests (§ 383.25(c)). However, Department of State (Michigan), Comments: AAMVA requested recommended that the final rule require the comments illustrate that, in practice, ‘‘clarification on whether satisfactory the requirements related to CLP renewal that theory/classroom training be completion before the 360 day coordinated with BTW training, adding vary among the States, thereby resulting expiration is based on the date of in an amount of time between the date that ‘‘[i]f not required by the rule, States completion of the [theory] portion of the should be allowed to require such of initial CLP issuance and the curriculum, the completion of the expiration date of the renewed CLP that coordination.’’ Michigan also noted that, behind-the-wheel portion of the because ‘‘some States do not presently may be longer than 360 days. training, successful completion of the Accordingly, FMCSA revises the allow the use of online training courses skills test, or the issuance of the CDL.’’ for driver education,’’ the final rule language in § 380.603(c)(1) to state that FMCSA Response: The proposed individuals who obtain a CLP before the should not require that States accept requirement that theory and BTW online training. compliance date of the final rule are not training be taken within a defined A commenter representing the Driver subject to ELDT requirements as long as period of time reflects the ELDTAC’s and Vehicle Services Division of the they obtain a CDL before the expiration concern that, given the integrated nature Minnesota Department of Public Safety date of the CLP or renewed CLP. Any of the training, waiting too long to (Minnesota) noted that ‘‘Minnesota’s CLP holder who fails to obtain the CDL complete both portions of the licensed CDL behind-the-wheel within that period would be subject to curriculum may diminish the overall instructor qualifications refer to hours of the ELDT requirements established in value of the training experience. The experience, by a showing of 3,000 hours the final rule. The Agency believes this Agency retains that concept in the final within the last five years operating the approach provides sufficient flexibility rule. However, for clarity and class of vehicle for which instruction for the States. consistency, we changed the applicable will be provided.’’ Also discussing the In addition, under revised time period from 360 days to one year NPRM’s requirements for BTW § 380.603(c)(1), CLPs with endorsements and moved the provision from part 383 instructors, Virginia requested that ‘‘the are included within the scope of this to part 380. Accordingly, under new proposed language be revised to exception. Accordingly, any applicant § 380.603(c)(3), on or after the indicate these are minimum who obtains a P or S endorsement on compliance date of the final rule, requirements so that States have his or her CLP before the compliance individuals who take ELDT related to flexibility in requiring additional date of the final rule is not required to the Class A or Class B CDL, or the S criteria.’’ complete the P or S endorsement and/or P endorsement, must complete FMCSA Response: Today’s rule training curriculum if the applicant both portions of the training (theory and implements MAP–21’s mandate that receives the endorsement before the BTW) within one year of completing the FMCSA establish minimum entry-level initial or renewed CLP expires. first portion. As discussed below, training requirements for individuals This requirement would not apply to today’s rule does not require that theory who operate CMVs in intrastate and individuals seeking the H endorsement, and BTW training be taken in a interstate commerce for which a who are not required to take a skills test, particular sequence. specified class of CDL or endorsement is and therefore do not need to obtain a required. The rule amends the current CLP. Unlike the P and S endorsements, 5. Impact of the NPRM on ELDT entry-level driver training requirements the H endorsement is not linked to any Requirements Imposed by the States in 49 CFR part 380, the training section specific class or type of vehicle. The NPRM proposed minimum of the CDL regulations. The CDL Accordingly, applicants for the H training standards for entry-level CMV program does not have preemptive endorsement will already hold a Class A drivers, minimum qualification effect. In order to remain eligible to or B CDL, or will be concurrently requirements for individuals providing receive certain Federal aid highway obtaining a Class A or B CDL at the time theory and/or BTW instruction, and funds pursuant to 49 U.S.C. 31314, they apply for the H endorsement, or minimum eligibility requirements for States must adopt regulations that intend to transport hazardous materials training providers. comply substantially with the in a vehicle for which a Class A or B Comments: Several comments requirements of the CDL program. CDL is not required (e.g., a pick-up addressed differences between the Today’s rule generally does not replace truck). NPRM and existing State requirements or otherwise supersede State-based

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ELDT requirements that exceed these training in a State other than the States would also be free to add ELDT minimum Federal standards when an applicant’s State of domicile. Under instructor qualifications, such as a entry-level driver obtains training in today’s rule, any ELDT requirements required level of vocational or academic that State. The Agency believes that that may exist in the licensing State (i.e., education (neither of which is required Congress, by expressly requiring that the the applicant’s State of domicile) would by today’s final rule); or to impose Secretary establish minimum training not be applicable to the driver-trainee additional bases for disqualification of requirements for entry-level CMV who obtained skills training outside that training instructors. In these situations, drivers, intended this result. State, even if the he or she returns to the training providers must comply with the In order to comply with the licensing State to take the skills test (as additional requirements imposed in requirements of today’s rule, entry-level permitted under § 383.79). their respective States in order to meet drivers must obtain BTW and/or theory Consequently, an applicant’s State of the TPR eligibility requirement set forth training from a provider listed on the domicile must issue a CDL to him or in § 380.703(a)(5)(i). TPR. Under the final rule, the BTW her, even if the BTW training In today’s rule, the only exception to portion of the required training must be requirements imposed by the training this requirement is for training completed before the applicant can take State do not conform with those in the providers who provide theory training the State-administered skills test, except State of domicile, as long as the exclusively online. While online for H endorsement applicants, who applicant obtained the training from a content must be prepared and delivered must complete the H endorsement provider listed on the TPR. by instructors meeting the qualification theory curriculum before taking the Driver-trainees who elect to obtain requirements of the final rule, the State-administered knowledge test. theory training outside their State of provider is not required to utilize The question of which, if any, domicile would also be subject to any instructors complying with State-based additional State-based ELDT-related additional theory training requirements theory instructor qualifications. As requirements apply to the applicant will imposed on CDL applicants by the explained below in the discussion of the be determined by where he or she training State. Accordingly, driver- definition of ‘‘theory instructor,’’ online obtains their BTW and/or theory trainees, when selecting a training providers cannot reasonably be training for the Class A or Class B CDL provider, will need to understand the expected to require that their theory and/or the P, S, or H endorsements. specific State-based ELDT requirements instructors comply with multiple, and The Agency anticipates that most (if any) where they intend to obtain potentially conflicting, qualification driver-trainees will obtain ELDT in their either type of training. FMCSA notes requirements in any State where the State of domicile. Under the final rule, that the final rule does not require that online training might be taken. driver-trainees who obtain BTW and/or driver-trainees obtain theory training As our discussion of these theory training in their State of domicile prior to taking the State-administered hypothetical examples illustrates, the are subject to any additional ELDT knowledge test (except for H purpose of this final rule is to establish requirements that State imposes on CDL endorsement applicants), nor does it a floor, not a ceiling, by requiring, at a applicants. require that driver-trainees obtain minimum, that entry-level CMV drivers For example, if a State requires that theory training in the same State where demonstrate proficiency in the entry-level drivers complete a CDL they intend to take the State- applicable theory and BTW curricula training program with a prescribed administered knowledge test for any established today. The Agency believes minimum number of BTW hours, a CDL license class or endorsement that, to the extent practicable, and driver-trainee who is domiciled there covered by the rule. consistent with Congressional intent, and obtains BTW training there, must The minimum standards in today’s the final rule allows States the comply with that requirement in order rule also apply to ELDT providers and flexibility to impose additional ELDT to take the State-administered the skills instructors. Training providers must requirements on driver-trainees who test. Similarly, driver-trainees who take meet and continue to comply with obtain training in their State and on theory training in their State of domicile eligibility requirements, set forth in training providers and instructors who would be required to comply with any §§ 380.703 and 719 of the final rule, deliver training in their State. That said, State-based requirements applicable to including utilizing qualified theory and we are aware that questions concerning theory training. Therefore, if a driver- BTW instructors. In order to be eligible the relationship between Federal and trainee’s State of domicile prohibits for listing on the TPR, training providers State ELDT requirements will inevitably online CDL-related theory training, the must also comply with applicable State arise, and the Agency will provide individual would be required to obtain requirements in each State where in- additional post-rule guidance to address theory training in a classroom or other person training is conducted, and must those issues, as necessary. ‘‘live’’ setting permitted by the State. In utilize theory and/or BTW instructors these examples, the applicant’s State of who comply with applicable 6. Application of ELDT Requirements to domicile is both the training State and qualification requirements in each State CMV Drivers Operating in Intrastate and the licensing State. where in-person training is conducted. Interstate Commerce However, the final rule does not The Agency notes that, just as States As proposed, ELDT requirements prohibit driver-trainees from obtaining may impose additional requirements on apply to all entry-level drivers operating training outside their State of domicile, entry-level drivers who obtain training CMVs in intrastate and interstate if they so choose. Under § 383.79, which in their State, the final rule also permits commerce, subject to the limited currently permits a non-domicile State States to impose requirements beyond exceptions noted above. to administer CDL skills testing to an the training or instructor/provider Comments: The State of South Dakota applicant who has taken training in that qualification standards adopted today. suggested a less burdensome option State, but is to be licensed in his or her For example, States are free to require requiring training only for drivers who State of domicile, requires the that ELDT instructors in their State have will be operating CMVs in interstate applicant’s licensing State to accept the more years of experience operating the commerce. South Dakota stated the results of that skills testing. This could class of vehicle for which instruction training would be a burden, and in some occur, for example, if the applicant’s will be provided than the two-year cases would prevent children from prospective employer provided the minimum established in the final rule. getting to school, citizens from receiving

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fuel for heat, grain elevator/co-op provide ELDT at no cost to current or training. Under this definition, range businesses from providing services to prospective employees, independent training could be conducted in public farmers, and public transit services training schools charging tuition, and areas, such as a mall or office building (especially in rural areas) from finding individuals who train family or friends parking lot during ‘‘off’’ hours. It is up drivers. (either at no cost or for a fee). We note to the training provider to ensure that FMCSA Response: The Agency does that this list of entities which could the required elements, such as sufficient not believe that today’s rule will unduly potentially qualify for TPR listing is not space in which to safely maneuver the burden intrastate commerce. In any exclusive. Our purpose in amending the CMV, are met. However, if a training event, FMCSA has no legal authority to definition of ‘‘training provider’’ in provider chooses to conduct range exclude intrastate CMV drivers from the today’s rule is to identify specific training in a publicly accessible area, all final rule. As noted in the Legal Basis examples of potentially eligible entities. CLP requirements apply. Finally, in for the Rulemaking, MAP–21 requires We emphasize, however, that any order to avoid confusion, the Agency that ELDT regulations, as a CDL-related training provider meeting the eligibility deletes the term ‘‘driving range’’ from mandate, apply to prospective CDL requirements could be qualified to the regulatory text of the final rule. The holders operating in either intrastate or provide ELDT in accordance with the relevant term, as defined in § 380.605, is interstate commerce. Accordingly, the final rule, regardless of whether they fall ‘‘range.’’ scope of operations covered by the final within a category specifically identified 9. Can BTW-range and BTW-public road rule is unchanged from the NPRM. in § 380.605. Additional descriptive training be obtained from separate information on the various types of 7. Definition of Training Provider training providers? training providers covered by the final The NPRM defined ‘‘training rule are addressed in the TPR As proposed, training in the theory provider’’ as ‘‘an entity that is listed on registration instructions accompanying and BTW portions of the curricula may the FMCSA TPR, as required by subpart this rule. be delivered by different training G of this part.’’ In the preamble, the providers, as long as each provider is Agency noted that training providers 8. Definition of ‘‘Range’’ listed on the TPR. The NPRM was silent could be training schools, educational In the NPRM, FMCSA said a range on whether the range and public road institutions, motor carriers providing was ‘‘an area that must be free of portions of the Class A and B curricula ‘‘in-house’’ training to current or obstructions, enables the driver to could be delivered by different prospective employees, local maneuver safely and free from providers. governments, or school districts. interference from other vehicles and Comments: An individual commenter Comments: The National Motor hazards, and has adequate sight lines.’’ asked whether the range and public Freight Traffic Association (NMFTA) Comments: Several commenters asked road portion of the BTW training could acknowledged the preamble’s reference whether the proposed definition of be obtained from different training to the fact that motor carriers offering ‘‘range’’ would permit small and mid- providers. The commenter stated that in-house training to entry-level drivers sized entities to conduct BTW range this approach would be helpful to could be eligible for listing on the TPR. training in their yards. One commenter ‘‘some BTW providers who will struggle NMFTA noted, however, that the NPRM noted that it is neither practical nor cost to secure a range that meets FMCSA did not ‘‘expressly acknowledge the effective for smaller trucking companies requirements, but could easily deliver right of motor carriers to continue to set up or rent a practice driving range. the public road portion of the training.’’ offering training under the new OOIDA supported the proposed FMCSA Response: While today’s rule regulatory scheme’’ and requested that definition because the flexibility to does permit BTW (range and public the Agency do so in the final rule. The conduct range training in any suitable road) and theory training to be obtained Associated General Contractors also location meeting the definitional from separate training providers, requested that the rule ‘‘be expanded to requirements is ‘‘especially critical to FMCSA believes it is necessary that include a listing of the types of entities small business truckers who would be driver-trainees receive both the range that can offer training programs and able to utilize these areas for training.’’ and public road portions of BTW include in-house providers.’’ Vincennes University (VU) noted that training from the same provider. FMCSA Response: FMCSA intends the NPRM includes references to both FMCSA clarifies this requirement in the that any entity meeting the eligibility ‘‘range’’ and ‘‘driving range’’ and asked final rule. The reason is that meaningful requirements established in subpart G of whether the two terms are instruction in the range and public road today’s rule can be listed on the TPR interchangeable. portions of BTW training requires that and thus be qualified to provide ELDT FMCSA Response: In today’s rule, the provider be able to assess the driver- that would satisfy the rule’s FMCSA retains the definition of ‘‘range’’ trainee’s skill proficiency in the two requirements. In order to clarify our as proposed in the NPRM. This settings and to adjust the amount of intent, in the final rule, we amend the definition gives training providers the time or emphasis spent on the range or definition of ‘‘training provider’’ in flexibility to conduct BTW range public road maneuvers accordingly. § 380.605 to specifically identify types training in any area that meets the three This integrated approach to BTW of entities that may be eligible for listing basic requirements outlined in the instruction permits the training provider on the TPR. The Agency included, as NPRM. Accordingly, this approach does to obtain a complete picture of the examples, training schools, educational not require that any training provider individual driver-trainee’s abilities institutions, rural electric cooperatives, maintain its own designated range for when operating CMVs for which a Class motor carriers, State/local governments, BTW training. As discussed in the A or Class B CDL is required. school districts, joint labor management NPRM, the ELDTAC took into account Further, in the case of BTW training programs, owner-operators, and the impact of the rule on smaller for the S and P endorsements, the range individuals, in this definition. In training providers by proposing a and public road portions are not set out addition, FMCSA notes that eligible definition of ‘‘range’’ that does not separately as they are for the Class A providers may provide training either require any training provider to and B CDL core curricula. Instead, they on a ‘‘for-hire’’ or ‘‘not-for-hire’’ basis. maintain or rent a private facility or are combined into a single BTW (range Examples include motor carriers who space in which to conduct BTW range and public road) curriculum, effectively

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requiring that the BTW training be above, are inconsistent with a uniform NPRM, the definitions of ‘‘BTW range obtained from one provider. Federal minimum ELDT standard. The training’’ and ‘‘BTW public road Finally, as noted above in the Agency agrees with commenters who training’’ each included a requirement discussion of the definition of ‘‘range,’’ questioned the benefit and efficacy of that the training occur when a ‘‘driver- training providers are not required to these relatively minor distinctions trainee has actual control of the power maintain or rent a private range in order between small training entities and unit during a driving lesson’’ conducted to conduct BTW training. Publicly other training providers. We therefore on a range or public road. accessible areas can be used for this remove the exemptions from the final As proposed, Class B CDL trainees purpose, as long as the area affords rule. Accordingly, all training providers would receive a minimum of 15 hours sufficient space in which the required subject to this rule, regardless of size, of BTW (range and public road) training, range maneuvers can be performed must meet the same eligibility criteria with a minimum of seven hours of safely and other basic requirements are and other requirements established in public road driving. Again, the met. subpart G. instructor would determine how the The Agency does not anticipate that remaining eight hours are spent, as long 10. Small Training Entities removal of the two exemptions will as all the BTW elements of the range The NPRM proposed that training result in undue hardship on small curriculum are covered. providers who train, or expect to train, training entities. For example, the FMCSA did not propose a minimum three or fewer entry-level drivers per AAMVA CDL manual or other existing number of BTW hours for either the P year be exempt from two requirements training materials could be used to or the S endorsement curricula. applicable to all other providers. First, satisfy the requirement that written The Agency requested comment on in order to qualify as a theory instructor, training materials be provided. We also various aspects of this approach, small training entities would not be note that, because the rule permits including whether there should be a required to have previously audited or driver-trainees to obtain theory and required minimum number of BTW instructed that portion of the theory BTW instruction from separate training hours for the Class A and Class B curriculum they intend to instruct. providers, small entities can opt not to curricula and, if so, what the minimum Second, small entities would not be offer theory instruction if they so number of BTW hours should be. In required to provide written training choose. addition, we requested comment on materials for any of the curricula. The Further, as discussed below in the whether any minimum number of BTW purpose of these exemptions was to Explanation of Changes from the NPRM, hours should be required for the P and lessen the administrative burden on FMCSA deletes from the definition of S endorsements. The Agency also asked small training entities. ‘‘theory instructor’’ in the final rule the what alternatives to a required Comments: The Delaware DMV proposed alternate theory instructor minimum number of BTW hours, such commented that exemptions for small qualification requiring that instructors as a requirement expressed in terms of training entities should be removed, must have previously audited or outcomes rather than specifying the noting that ‘‘[t]he size of the provider instructed that portion of the theory means to those ends, would be should not be taken into account if the curriculum they intend to instruct. appropriate to ensure an adequate level goal is to sanction a consistent [training Accordingly, the proposed small entity of BTW training for Classes A and B. program] for all entry level commercial exemption to that requirement is also Comments in support of minimum motor vehicle operators.’’ Another deleted. BTW hours: The Agency received commenter objected to the exemption Finally, FMCSA notes that the NPRM numerous comments in response to its related to written training materials, requested comments regarding any questions. Some commenters thought stating that ‘‘all driver-trainees should specific changes to the proposal that that the number of proposed minimum be treated the same.’’ The Delaware would lessen its regulatory impact on BTW hours was too low. Jeff Frank, a DMV pointed out that, for many small business entities. The Agency did CMV driver training instructor, providers, the number of entry-level not receive any comments in response commented that ‘‘[t]he proposed 15 drivers trained in the course of a year to that request. hours for Class B and 30 hours for Class fluctuates and may be difficult to A of behind the wheel time fall short of 11. Required Minimum Number of BTW predict. Since small training entities a quality standard.’’ Mr. Frank stated Hours would have to identify their status on that ‘‘doubling the proposed hours the Training Provider Identification FMCSA proposed a minimum number would improve skill sets in most Report form, the commenter noted that of required BTW hours for the range and beginners.’’ The American Association it would be cumbersome for providers public road portions of the Class A and for Justice believes that ‘‘[w]hen to amend the form every time they fell Class B CDL curricula: Class A CDL considering the average amount of time above or below the three driver limit. driver-trainees would be required to a CMV driver can do within a week, it IUOE observed that ‘‘[s]ince written receive a minimum of 30 hours of BTW is clear that these requirements are materials are integral components of training, with a minimum of 10 hours inadequate.’’ Washington commented high quality training, this exemption spent on a range, and either 10 hours that the NPRM ‘‘does not include from providing written materials to spent driving on a public road or 10 enough required hours for an entry-level trainees is contrary to the goals of this public road trips (each no less than 50 driver’’ and encouraged FMCSA to rulemaking.’’ IUOE also noted that the minutes in duration). The remaining 10 increase the number of required BTW use of written training materials ‘‘is an hours of required BTW training could hours. The Utah Department of Public obvious prerequisite to taking a test in occur on either the range, public road, Safety (Utah) stated that ‘‘a lengthier a written or electronic format to or some combination of the two, requirement for BTW training seems demonstrate mastery of the depending on the instructor’s more appropriate.’’ The National information.’’ assessment of the individual driver- Ground Water Association (NGWA) FMCSA Response: After consideration trainee’s needs. Additionally, the NPRM proposed that ‘‘30 hours is the of comments, FMCSA concludes that proposed that all required driving minimum that should be required, the two small training entity exemptions maneuvers must be performed to the regardless of class of license (A or B).’’ proposed in the NPRM, as described satisfaction of the instructor. In the IUOE commented that the proposed

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minimum BTW hours is below the level of the requirement. Minnesota successful completion of the Class A of BTW training currently required by commented that ‘‘[r]equired minimum and B BTW curricula is determined ‘‘the more prominent providers and hours is needed,’’ but questioned how solely by his or her demonstrated certifiers,’’ as well as a number of States. compliance with an hours requirement proficiency (discussed below). National OOIDA commented that it ‘‘would would be documented. Schneider Association for Pupil Transportation like to see significantly more robust National (Schneider) agreed with (NAPT) commented that ‘‘[s]etting training requirements than currently FMCSA’s proposal of 30 BTW hours for arbitrary, one-size-fits-all hours of proposed; however the required 30 a Class A license, but recommended that training as a standard would be overly hours BTW training is a necessary first hours spent on a public road restrictive in a world where actual step.’’ Similarly, although Delaware specifically include practicing entry and performance should matter more.’’ VTA Technical Community College (DTCC) is exit of the interstate. 5 IUOE supported asserted that the minimum BTW hours ‘‘satisfied with the consensus reached ‘‘mandatory use of a ‘Master Trip Sheet,’ requirement ‘‘will require additional by the ELDTAC for 30 hours of BTW combined with a minimum number of equipment and trainers which will time for Class A,’’ it supports a BTW training [hours], as the most increase costs for training providers, ‘‘stronger BTW requirement.’’ effective means to ensure that training who will have to pass those costs onto Specifically, DTCC proposed increasing providers furnish high quality training students.’’ Other commenters, including the BTW hours for Class B from 15, as and that they thoroughly assess the PMAA, ATD and NFGA, were proposed, to 20, with a minimum of 10 skills of the trainees.’’ Minnesota concerned that the BTW hours hours of public road driving. The commented that ‘‘[i]f minimum hours requirement would discourage entry- Delaware Motor Transport Association are not specified, then the potential for level drivers from obtaining a CDL. (DMTA) also supported increasing the fraud within the training programs will NFGA also noted that the requirement minimum number of BTW hours for the be a concern.’’ could ‘‘dissuade employers from Class B CDL from 15 to 20. Several commenters supported adding providing opportunities for CDL Other commenters, including the a required number of minimum BTW training.’’ American Bus Association (ABA), hours to the P and S curricula. AAMVA ATA, a member of the ELDTAC, United Motorcoach Association (UMA), recommended that FMCSA analyze the viewed the proposed BTW hours Advocates for Auto and Highway Safety minimum number of hours required to requirement as unnecessary and not (Advocates), San Juan College, the complete the curricula ‘‘and use that supported by any research indicating ‘‘a National Association of State Directors number to set the baseline for the BTW relationship between the number of of Pupil Transportation Services requirement for the S and P hours spent in training and a reduction (NASDPTS), VU, VA DMV, and the endorsements . . .’’ The Iowa DOT in crashes.’’ Noting that ‘‘what little data Commercial Vehicle Training supported a ‘‘limited amount of BTW is available does not support a Association (CVTA), supported the training’’ for the S and P endorsements. minimum hours-based approach,’’ ATA minimum number of required BTW San Juan College stated that ‘‘[e]ntry- cited the American Transportation hours for Class A and/or Class B as level Class C bus drivers should not be Research Institute’s (ATRI) 2008 proposed. NASDPTS commented that able to obtain a CDL without BTW hours analysis of the effect of CDL driver ‘‘[t]he [Class B] proposal is consistent that are required of other initial CDL training on safety performance. with best practices and the high regard applicants.’’ According to ATA, the ATRI study for safety exhibited within the nation’s Comments opposed to minimum BTW concluded that ‘‘no relationship is student transportation community.’’ hours: A number of commenters evident between total training program Advocates, a member of the ELDTAC, opposed any minimum number of contact hours and driver safety events characterized the required minimum required BTW hours. Those opposing an when other factors such as age and number of BTW hours as ‘‘a common hours-based requirement included ATA, length of employment are held sense and essential component of the the Iowa Motor Truck Association constant.’’ performance-based standard adopted by (IMTA), American Truck Dealers (ATD), In its comments, C.R. England the ELDTAC.’’ Advocates also noted Driver Holdings LLC, Werner, C.R. summarized a study it conducted among that this approach ‘‘reflects the England, Petroleum Marketers 2,929 of its drivers ‘‘to test whether an consensus determination of the Association of America (PMAA), hours-based program that requires 30 ELDTAC about the lowest level of BTW Virginia Trucking Association (VTA), BTW hours or more, results in better training that is necessary under the SNAC International, the National performance than a performance-based training curriculum.’’ The ABA, also a Propane Gas Association (NPGA), UPS, program that requires fewer than 30 member of the ELDTAC, commented the North Dakota Motor Carriers BTW hours.’’ In analyzing this data, C.R. that the BTW hours issue was discussed Association (NDMCA), and the National England found, among other things, that extensively during the Committee’s Feed and Grain Association (NFGA). ‘‘drivers from the shorter programs have deliberations and that ‘‘[t]he minimum Most of those opposing the requirement fewer crashes and less severe crashes,’’ was based on the experience of current alleged that the minimum BTW hours thus showing ‘‘a negative correlation training providers’ ability to deliver a requirement is arbitrary, given the lack between increased required hours and basic program and ensure that all of the of any scientific evidence or data negative safety outcomes.’’ C.R. England material was covered.’’ showing that an hours-based training therefore recommended that, ‘‘[g]iven The State of Michigan supported a requirement results in fewer crashes. the gaping lack of evidence to support required minimum number of BTW Some commenters also cited the lack of the BTW requirement and the arbitrary hours from which driver-trainees should flexibility inherent in a minimum hours selection of the number of required not be permitted to ‘‘opt out,’’ but had requirement. Many of these commenters hours,’’ FMCSA drop the requirement no position on what the number of instead supported an ‘‘alternative’’ from the final rule. ATA and other commenters also hours should be. The Iowa DOT also approach in which a driver-trainee’s supported the ‘‘concept of minimum stated that the BTW hours requirement hours of BTW training,’’ but said that 5 FMCSA added this topic to the Theory and BTW contravenes Executive Orders 12866 driver-trainees demonstrating (public road) portions of the Class A and B core and 13563, both of which express a proficiency should be able to ‘‘opt out’’ curricula. See, Appendix A and B to Part 380. preference for establishing performance

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objectives rather than requiring Master Trip Sheet as a document used retains the definitions of ‘‘BTW range regulated entities to adopt specific to record a driver-trainee’s successful, training’’ and ‘‘BTW public road means of compliance. ATA asserted repetitive demonstration of required training,’’ as proposed, so that that, during the ELDTAC negotiations, maneuvers. ATA commented that the successful completion of the training ‘‘it became clear that several parties Master Trip Sheet ‘‘represents a clear requires that, unless otherwise noted, all would refuse to yield to the majority of performance objective—the elements of the BTW curricula be members who preferred a performance- demonstration of competence—. . . proficiently demonstrated while the based standard to be instituted at least preferable to an arbitrarily assigned driver-trainee has actual control of the until such time as actual data from real- number of hours.’’ power unit during a driving lesson on world experience demonstrates the need Additionally, ATA stated that a range or public road. Consistent with for a minimum hours requirement.’’ FMCSA, by failing to quantify or qualify the NPRM, the final rule does not Two commenters opposed a the Master Trip Sheet alternative to the require a minimum number of BTW minimum BTW hours requirement for minimum BTW hours requirement hours for either the P or S endorsement the P and S endorsements. NASDPTS adopted by the ELDTAC, did not curriculum. commented that ‘‘[g]iven the comply with the requirements of OMB FMCSA carefully considered all unparalleled high level of safety already Circular A–4. According to ATA, had comments submitted in response to the provided by school bus transportation, the Agency followed the directives of questions noted above. Clearly, as we do not see any safety need or Circular A–4 and conducted a detailed evidenced by the volume and breadth of justification for further extending the analysis on the Master Trip Sheet comments received on the proposed specific BTW hours requirement to solution offered by ELDTAC members, BTW hours requirement, this issue is include the passenger and school bus ‘‘a performance-based BTW requirement significant for a variety of stakeholders curricula . . .’’ San Juan College stated would have prevailed because, as affected by today’s rule. And, as we that for P and S endorsement applicants demonstrated by ELDTAC, it is feasible, noted in the NPRM, ‘‘the issue of a taking their State-administered skills and produces a more favorable cost ‘performance-based’ approach to BTW test in a bus, ‘‘no additional BTW benefit analysis.’’ training versus an approach requiring should be required.’’ IUOE also supported the mandatory that a minimum number of hours be Comments regarding alternatives to a use of a Master Trip Sheet, but stressed spent in BTW training was the most minimum hours requirement: Most that it should be combined with a thoroughly debated issue within the commenters who proposed alternatives minimum BTW hours requirement, ELDTAC’’ (81 FR 11944, 11956 (March to a required minimum number of BTW which would be ‘‘the most effective 7, 2016)). The Agency’s conclusion that hours identified a competency or means to ensure that training providers the final rule should not, at this time, proficiency-based approach as a furnish high quality training and that impose a mandatory minimum number preferable means of ensuring an they thoroughly assess the skills of the of BTW hours for the Class A and Class adequate level of BTW training for the trainees.’’ B training, is primarily due to the fact On the other hand, NASDPTS stated Class A and B curricula. For example, that, despite the best efforts of FMCSA it is ‘‘unaware of any practical, the West Virginia Trucking Association and the ELDTAC, we were not able to measurable and universally acceptable (WVTA) commented that ‘‘[m]any obtain sufficient quantitative data prospective drivers may demonstrate means of employing an outcomes-based linking mandatory minimum BTW complete proficiency and competence approach in lieu of a required number training hours with positive safety behind-the-wheel before reaching the of BTW hours.’’ Minnesota stated that if outcomes, such as crash reduction, minimum hours requirement, while the ‘‘performance standards’’ are adopted in lieu of a minimum BTW hours following publication of the NPRM. possibility exists that by achieving this Consistent with the Agency’s hour threshold, a prospective driver requirement, ‘‘[t]his would defeat the objective to produce data-driven may erroneously convey competency purpose of requiring comprehensive regulations that balance motor carrier and possession of the skills needed to entry-level driver training and will add safety with efficiency, FMCSA has long safely operate a commercial vehicle.’’ another skewing variable to the recognized the value of quantitative WVTA concluded that the final rule purposed baseline of measuring the correlative evidence supporting ELDT. should ‘‘focus on competency and effectiveness of training in reducing For example, in withdrawing the 2007 performance outcomes rather than the crashes by tracking it through CDLIS.’’ NPRM to establish minimum training number of hours logged.’’ UPS CVTA thought FMCSA’s question requirements for entry-level CMV commented that ‘‘specific hours and regarding possible alternatives to a operators, which proposed a required curricular requirements are no minimum BTW hours requirement was substitute for performance-based skills misleading, ‘‘as the FMCSA seems to minimum number of BTW hours, testing,’’ also noting that experienced suggest that a performance or outcomes FMCSA noted the need ‘‘to gather drivers ‘‘will not benefit from some approach has not been selected. Clearly supporting information on the portion of a mandatory training regime it has.’’ effectiveness of ELDT’’ (78 FR 57585, targeted at less-experienced drivers.’’ FMCSA Response: For the reasons 57587 (September 19, 2013)). Indeed, at The Iowa DOT commented that ‘‘[a]n discussed below, this final rule does not the ELDTAC’s initial meeting on appropriate alternative would be require any minimum number of BTW February 26, 2015, the Agency establishing a method of allowing a hours for the completion of the Class A presented on the topic of data gathering driver to ‘pass out’ of the BTW and B curricula, as proposed in the and economic analysis as a rule requirement.’’ NPRM. In today’s final rule, the development priority, and a Cost- Several commenters, including ATA, proficient completion of the BTW Benefit Analysis/Data Needs Work Werner and C.R. England, favored the portions of the Class A and B curricula Group was established within the 6 use of a ‘‘Master Trip Sheet’’ to is based solely on the training ELDTAC. In the March 2016 NPRM, document the repeated successful instructor’s assessment of each driver- 6 ELDTAC Meeting Minutes, February 26–27, demonstration of required skills as an trainee’s individual performance of the 2015. For more information concerning the Cost- alternative to the BTW hours required BTW elements of the range and Benefit Analysis/Data Needs Work Group’s efforts requirement. Commenters identified a public road training. The final rule to compile data related to the efficacy of entry-level

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FMCSA again requested ‘‘any additional rule development process would yield last word on this subject. In order to data on the safety benefits of requiring reliable data to support mandatory gather data which will allow FMCSA to EDLT . . . (e.g., demonstrated crash minimum BTW hours, FMCSA, as a perform a thorough post-rule evaluation, reduction as a result of training)’’ (81 FR member of the ELDTAC, supported the we require in today’s rule that all 11944, 11953 (March 7, 2016)). requirement in combination with an individual training certifications Unfortunately, the Agency did not outcomes-based approach, as reflected submitted to the TPR by training receive any data that could be used in in the Committee’s Consensus providers include the total number of a quantitative analysis to support the Agreement. BTW hours spent by each driver-trainee rulemaking.7 FMCSA believes it was appropriate to in achieving proficiency, as determined As several commenters who opposed propose minimum BTW hours for the by the training instructor. Collecting the minimum hours requirement noted, Class A and B curricula, based on the this information will allow the Agency Executive Order 12866, as ELDTAC’s estimation of the time an to compare the CMV driving records of supplemented by Executive Order average driver-trainee would need to drivers who received varying amounts 13563, requires that Federal agencies demonstrate BTW proficiency. of BTW training, and to draw propose or adopt regulations that ‘‘to the However, as some commenters noted, conclusions regarding the extent to extent feasible, specify performance that approach could potentially result in which hours of BTW training correlate objectives, rather than specifying the the unintended consequence of to safer driving outcomes. This data will behavior or manner of compliance that effectively penalizing high-performing also assist in the Agency’s oversight of regulated entities must adopt’’.8 In light trainees who may be capable of training providers. of this Executive Order, and bearing in achieving BTW proficiency in less time The Agency will thus continue to mind the Agency’s obligation to identify than the proposed required minimum. assess whether minimum BTW hours and use ‘‘the least burdensome tools for Based on the ELDTAC discussions, the requirements are necessary to improve achieving regulatory ends,’’ 9 FMCSA Agency does not believe the proportion CMV safety, and, if so, at what levels. has determined not impose a mandatory of high-performing trainees capable of Should FMCSA ultimately decide, on minimum BTW hours requirement in completing the BTW curricula in the basis of post-rule quantitative data, today’s rule. In the Agency’s judgment, significantly less time than the proposed to revisit the issue of mandatory a training standard in which BTW minimums represents a substantial minimum BTW hours for entry-level proficiency is achieved according to the percentage of entry-level drivers. driver training, we will do so through instructor’s assessment of individual However, it is important to avoid, if notice-and-comment rulemaking. We performance of required range and possible, imposing unnecessary training note, however, that today’s rule does not public road maneuvers is a more costs on that population. prohibit States or training providers FMCSA acknowledges the numerous flexible, and thus less burdensome, from requiring a minimum number of comments supporting minimum BTW option than mandatory minimum hours BTW hours, as many CMV driver hours as a ‘‘common sense’’ and because it recognizes that driver- training programs currently do. intuitively effective means of ensuring trainees will complete BTW training at While the final rule does not impose that entry-level drivers receive adequate a pace that reflects their varying levels mandatory minimum BTW hours, training to safely operate CMVs. As of individual ability. FMCSA FMCSA nevertheless expects that, based noted below, the Agency will continue emphasizes, however, that instructors on the extensive experience of CMV to evaluate the impact of minimum must cover all elements of the curricula driver training organizations BTW hours on CMV safety. Because the and document the driver-trainee’s represented on the ELDTAC,10 most final rule does not include a minimum demonstration of proficiency in the hours requirement as proposed, many of 10 Members of the ELDTAC included a variety of required BTW skills, as proposed. the comments that raised concerns In order to fulfill the statutory CMV driver training experts, including the regarding that approach are now moot. Professional Truck Drivers Institute (PTDI), a non- mandate set forth in MAP–21, the Accordingly, FMCSA does not profit organization that develops uniform skill Agency established the ELDTAC and, as performance, curriculum and performance specifically respond to comments standards for the trucking industry; the National required under the Negotiated suggesting that the requirement would Rulemaking Act, relied on the Association of Publicly Funded Truck Driving discourage prospective applicants from Schools (NAPFTDS), a non-profit organization Committee’s consensus findings to the obtaining a CDL, dissuade motor carrier whose membership includes more than 100 maximum extent possible as the basis employers from providing ELDT, or publicly funded schools that operate truck driver for the NPRM. In the hope that the final training programs; and the Commercial Vehicle require training providers to obtain Training Association (CVTA), a national trade additional equipment. association representing the proprietary truck driver training, see the Work Group’s meeting The Agency’s adoption of a driving schools in the U.S. and Canada, with minutes posted on the ELDTAC’s Web site, at proficiency-based BTW training member school locations in 41 states graduating eldtac.dot.gov. approximately 50,000 entry-level drivers per year. 7 FMCSA specifically addresses the ATRI and standard in lieu of minimum hours In addition to FMCSA, the remaining members of C.R. England studies, referenced in comments, in notwithstanding, FMCSA believes that the ELDTAC are: FMCSA, Advocates for Highway the RIA. For the reasons discussed therein, the the ELDTAC process was highly and Auto Safety, American Association of Motor Agency does not rely on either of those studies to constructive, and we greatly appreciate Vehicle Administrators, American Bus Association, draw conclusions regarding the correlation between Paraprofessional and School-Related Personnel, training hours and safety outcomes. Further, we the time, effort and expertise put forth American Federation of Teachers (AFL–CIO), note that the ATRI conclusions on which ATA and by ELDTAC members. The Committee’s Amalgamated Transit Union (AFL–CIO), American other commenters rely are described by ATRI as collective expertise allowed us to Trucking Associations, Citizens for Reliable and ‘‘preliminary results.’’ ATRI concludes its analysis propose detailed minimum ELDT Safe Highways, Commercial Vehicle Safety with the observation that its findings ‘‘indicate the Alliance, Commercial Vehicle Training Association, need for further research on driver training and curricula and training instructor Great West Casualty Company, Greyhound Lines, driver safety, beginning with additional data qualifications, which are largely Inc., International Brotherhood of Teamsters, collection and analysis as part of the present retained in the final rule. Massachusetts Registry of Motor Vehicle Division, study.’’ Our decision not to include the Massachusetts Department of Transportation, 8 Executive Order 12866, section 1(b)(8) (October National Association of Publicly Funded Truck 4, 1993); Executive Order 13563, section 1(b)(4) minimum BTW hours as part of the Driving Schools, National Association of Small (January 21, 2011). Class A and B curricula should not Trucking Companies, National Association of State 9 Executive Order 13563, section 1(a). necessarily be construed as the Agency’s Continued

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driver-trainees will still spend based standard based entirely on A and B curricula assumed some level approximately 30 and 15 hours BTW individual skill levels and learning of repetition of required skills.11 demonstrating proficiency in the abilities, rather than a mandatory Further, the Agency notes that a required Class A and Class B curricula minimum number of hours spent on number of commenters opposed to the elements, respectively. The 30 BTW either a range or public road, will BTW minimum hours requirement hours for Class A and the 15 BTW hours permit skilled trainees to demonstrate proposed a ‘‘Master Trip Sheet’’ as a for Class B are based on the ELDTAC’s proficiency more efficiently than preferable alternative. Trip sheets are a informed estimation of the minimum adherence to a minimum training time. means to document the repeated amount of time the average driver- Accordingly, since the final rule does successful demonstration of required trainee would need to repetitively and not require minimum BTW hours, there skills. The Master Trip Sheet proficiently demonstrate all of the is no need to permit highly proficient specifically considered by the ELDTAC, required BTW skills set forth in the trainees to ‘‘opt out’’ of that and endorsed by ATA 12 and other curricula. As described by the ABA, a requirement, as several commenters commenters, contained the individual member of the ELDTAC, in its requested. BTW Class A curriculum elements; it comments, ‘‘[t]he minimum [required Instructors will also determine how also included space for the instructor to BTW hours] was based on the much or how little training is required note that the driver-trainee correctly experience of current training providers’ for individual skills, as proposed in the performed each BTW element, a total of ability to deliver a basic program and NPRM. The final rule, therefore, five times, in order to demonstrate ensure that all of the material was emphasizes the individual trainee’s proficiency. (The ELDTAC assumed covered.’’ Similarly, Advocates, also a attainment of performance goals as set fewer repetitions would be necessary to member of the ELDTAC, commented forth in the curricula and evaluated by demonstrate proficiency in Class B BTW that the minimum BTW hours the instructor. As IOUE noted in its skills).13 The use of that Master Trip requirement ‘‘reflects the consensus comments, since there is no requirement Sheet as a means of documenting determination of the ELDTAC about the that training providers devote a proficiency therefore assumes that lowest level of BTW training that is specified amount of time to individual effective BTW training involves some necessary under the training curriculum curriculum topics in the core BTW degree of repetition, or practice, of the . . .’’ Accordingly, the Agency is curricula, training programs will have required skills. (The use of a Master retaining 30- and 15-hours for the Class ‘‘the latitude to emphasize topics that Trip Sheet as a tool for documenting A and B curricula, respectively, as the present the greatest safety challenges’’ driver-trainees’ proficiency under basis for estimating the costs of the final in the operation of CMVs in various today’s rule is discussed further below.) rule, as discussed in the RIA. segments of the motor carrier industry. Additionally, individual commenters In the Agency’s judgment, the Although today’s rule adopts a also endorsed the value of the repeated extensive CMV driver training expertise minimum set of driving skills in which demonstration of required skills. For represented on the ELDTAC is a proficiency must be demonstrated, the example, Werner Enterprises noted that credible basis for FMCSA’s assessment Agency does not define ‘‘proficiency’’. ‘‘[a] requirement expressed in terms of of the cost of compliance with the BTW The instructor, based on his/her consistent demonstration of applicable portions of the Class A and Class B professional judgment, must decide at skills is more appropriate [than curricula. FMCSA expects, however, what point the driver-trainee minimum BTW hours] and would serve that some trainees will demonstrate demonstrates the proficient performance as a better predictor of increased safety BTW proficiency in less than 30 or 15 of required skills and the instructor will outcomes.’’ Similarly, TCA stated that hours and that others will require more determine the amount of time each ‘‘[t]ruck driving is a skill . . . through time to achieve a proficient level of driver-trainee needs to spend on the which repetition and practice will performance of the required BTW range and public road portions of the almost certainly increase a driver’s elements of those curricula. curricula. However, FMCSA believes awareness and performance when Accordingly, actual costs of compliance that demonstrated proficiency requires operating equipment on our highways.’’ for these trainees will be lower or higher some level of successful repetition of In the Agency’s judgment, safe CMV than the costs estimated in the RIA, but the required BTW curricula elements, as driving, like many other skills, requires the Agency currently has no data on determined by the instructor. In other some level of repetition and practice. which to determine variations in cost words, performing each required Repetition of required skills also for trainees who achieve BTW maneuver correctly one time does not increases the likelihood that driver- proficiency in either less time or more mean that the trainee has demonstrated trainees will have the opportunity to time than the average student. proficiency. In the Agency’s view, a demonstrate their proficiency under a Under today’s rule, BTW proficiency ‘‘one and done’’ approach is essentially wider array of road and weather is determined solely by the instructor’s the equivalent of the CDL skills tests. conditions than a ‘‘one time’’ evaluation of how well the driver- MAP–21 requires that FMCSA establish demonstration, particularly with regard trainee performs the fundamental ELDT requirements addressing the to public road training. For example, the vehicle control skills and driving knowledge and skills necessary for the proficient entry and exit of an interstate procedures set forth in the curricula. In safe operation of a CMV (49 U.S.C. the final rule, FMCSA clarifies this 31305(c)(1)(A)). Since the CDL skills 11 ELDTAC Meeting Minutes, May 28–29, 2015, p. point in the introduction to the Class A testing protocols in part 383 were in 17. and B curricula. As a number of place years before Congress enacted the 12 See Final Regulatory Impact Analysis for ELDT requirements in MAP–21, we FMCSA’s response to ATA’s assertion that, had the commenters observed, a proficiency- Agency conducted a detailed analysis of the conclude that Congress intended that ELDTAC Master Trip Sheet alternative, in Directors of Pupil Transportation Services, National the BTW training requirements be more accordance with the directives of OMB Circular A– School Transportation Association, Owner-Operator extensive than a simple one-time 4 ‘‘a performance-based BTW requirement would Independent Drivers Association, Professional demonstration of skills. In addition, as have prevailed’’ over the minimum hours Truck Drivers Institute, Stevens Transport, Spoon requirement because it would have produced a Trucking, Truckload Carriers Association, Truck noted above, the ELDTAC’s estimation more favorable cost benefit analysis. Safety Coalition, United Motorcoach Association, of the 30 and 15 hours to successfully 13 ELDTAC Meeting Minutes, May 28–29, 2015. p. and Women in Trucking. complete the BTW elements of the Class 17.

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or other controlled access highway passenger-carrying CMVs and school Comments: The NSTA commented could potentially be demonstrated in busses. that, since there is a need for set-up and both wet and dry weather, which would administrative time prior to actual 12. Minimum Number of Theory Hours provide the instructor with a more training, ‘‘the concept of academic complete picture of the trainee’s ability The NPRM set forth minimum theory hours is appropriate for all training to successfully navigate real-world curricula requirements for the Class A providers,’’ regardless of type. CVTA situations. The importance of training and Class B CDLs and the P, S, and H stated that, while ‘‘training providers under conditions trainees will face as endorsements. As proposed, the training should be allowed to use whichever CMV drivers was noted in a December provider must cover all curriculum unit is best for their program,’’ the 2015 survey of long-haul truckers, topics and assess driver-trainees’ ELDTAC Consensus Agreement ‘‘clearly conducted by the National Institute for understanding of the material in a indicated that BTW should be measured Occupational Safety and Health written or electronic format. Driver- in 50 minute hours.’’ Accordingly, (NIOSH). The NIOSH survey found that trainees must receive a minimum score CVTA believes that in the final rule, 38 percent of the respondents believed of 80 percent on the theory assessment. BTW time should be based on academic they did not receive adequate entry- FMCSA did not propose a minimum hours, which is ‘‘the predominant level driver training to ‘‘safely drive a number of required hours for any of the measurement of schools and training truck under all road and weather theory curricula. providers.’’ conditions’’ (emphasis added).14 Comments: The VA DMV Other commenters, including NAPT, However, under the final rule, training recommended a minimum number of ABA, Schneider, and the VA DMV, instructors maintain the flexibility to hours for theory instruction in order to supported the NPRM’s approach of determine the extent to which the provide consistency across training allowing training providers to decide successful repetitive performance of programs. VA DMV also noted that ‘‘not whether they would use clock or required skills demonstrates proficiency having a minimum period assigned to academic hours because the flexibility for individual driver-trainees on a case- the theory training will make it difficult would accommodate the specific by-case basis. for FMCSA or SDLA auditors to ensure training being delivered. These As proposed in the NPRM, instructors the necessary training is provided.’’ commenters generally did not perceive also maintain flexibility to select the FMCSA Response: Today’s final rule a discernible difference between the two specific means or method by which a does not impose any minimum number concepts. driver-trainee’s proficient performance of required hours for completion of any The DMTA thought there was an of required BTW skills is recorded in of the theory curricula. The Agency obvious difference between the two order to comply with the documentation believes that the final rule ensures an concepts, but did not object to the use requirements in § 380.715(b). As noted appropriate minimum standard for of academic hours ‘‘so long as an above, instructors will also need to entry-level driver theory instruction by equivalency is maintained so that the capture the total number of hours spent prescribing specific topics for each of actual time spent at activities is equal to by each driver-trainee in completing the five theory curriculum, requiring the the clock hours required by FMCSA.’’ BTW training, so that this information training provider to cover all topics, and Utah commented that if the Agency ‘‘is can be included in the training requiring that driver-trainees going to allow the usage of credit hours, certifications submitted to the TPR, as demonstrate their understanding of the FMCSA needs to define how many required in § 380.717. Nothing in material by achieving on overall practical hours should be considered a today’s rule prohibits the use of Master minimum score of 80 percent on the credit hour.’’ Trip Sheets to document either the theory assessment. Each of these An individual commenter noted that driver-trainee’s proficient requirements is verifiable through an for every six academic hours, ‘‘you have demonstration of BTW skills or the total audit by FMCSA or its authorized lost one hour of clock hour training number of hours spent in completing representative. time.’’ Other commenters said that if the BTW curriculum, as required in Further, this approach retains academic hours are allowed, then the § 380.715(b). flexibility for training providers and total hours should be increased to match The NPRM did not propose a driver-trainees to cover the required the clock hours. The Delaware minimum hours requirement for BTW topics at a pace that is comfortable for Department of Education (DDE) training in either the P or the S them. FMCSA also notes that, as with commented that, while trainers endorsement curricula, and, for the the other requirements established in understand what an hour on the clock reasons discussed above, the final rule the final rule, the individual topics of means, many would not know how to does not include such requirements. the theory curricula represent the interpret an academic hour. Michigan However, the final rule does require that minimum amount of knowledge commented that, in its experience, truck training providers who certify, through necessary for ELDT. Today’s rule schools misuse terms such as ‘‘academic the TPR, the successful completion of permits States and individual training hours’’ and ‘‘credit hours’’ to ‘‘grossly’’ the P and/or S BTW (range and public providers to require that driver-trainees misrepresent actual training time. DTCC road) curricula, must indicate the total complete additional theory topics. and NGWA also recommended that number hours spent by each driver- clock hours should be used as the trainee in completing the BTW 13. Clock vs. Academic Hours standard training unit. curriculum. FMCSA will use this In the NPRM, FMCSA proposed FMCSA Response: In today’s final information to assist us in a post-rule allowing training providers flexibility rule, the Agency uses the term ‘‘clock evaluation of whether, and to what by using either clock-hours or academic hours’’ (i.e., 60 minutes) as the standard extent, varying amounts of BTW hours (i.e., 50 minutes) depending on measurement of BTW training time. We training impact the safe operation of the type of entity that offers the training note that the resolution of this issue (e.g. motor carriers vs. community remains relevant. Although the final 14 G.X. Chen, et al., Accident Analysis and college). FMCSA requested comment on rule does not mandate minimum BTW Prevention, NIOSH national survey of long-haul this proposal and asked whether there is hours, training providers must truck drivers: Injury and safety (2015), available at http://dx.doi.org/10.1016/j.aap.2015.09.001 a discernable difference between the document and report the actual number (accessed October 20, 2016). two concepts. of hours that each driver-trainee spends

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in completing BTW training (under Farris Brothers, Inc. commented that, if while others believed that certain §§ 380.715 and 380.717, as revised). driver-trainees complete ELDT theory elements should be removed. Based on the commentary, FMCSA is training, a CLP should then be issued. Schneider recommended that the concerned that exclusive use of the term Utah, noting that ‘‘applicants who are Class A BTW-public road curriculum ‘‘academic hour,’’ or permitting either completing the minimum training will include a requirement to practice entry term to be used at the training have already completed the knowledge and exit of the interstate, noting that it provider’s discretion, would cause exam,’’ asked whether driver-trainees’ ‘‘often encounters newly licensed confusion and inconsistency in the knowledge should, in effect, be tested drivers who enter its finishing program documentation of BTW delivery, even if twice, or would it be better to ‘‘test the without any experience operating a FMCSA attempted to convert ‘‘academic application of that knowledge through CMV on a highway or interstate.’’ CM hours’’ to ‘‘clock hours,’’ or vice-versa, various skills tests.’’ The Iowa DOT Air Brake and Electrical Training as some commenters suggested. FMCSA commented that ‘‘[i]t would be Services, LLC, commented that the therefore believes that ‘‘clock hour’’ is a reasonable through training to eliminate ELDT rulemaking presents a unique term that is easily understood by all the need for knowledge tests at the opportunity to ‘‘ensure that drivers have training entities and consistent with a SDLA . . . while allowing the SDLA to a sufficient understanding of air brake uniform minimum standard test randomly or when evidence exists systems to actually recognize whether or not the brake systems on their vehicles 14. Duplication Between CLP Knowledge to warrant a re-test.’’ are functioning properly.’’ Test and Theory Training FMCSA Response: FMCSA agrees with commenters who suggest that, to The AAR supported the NPRM’s FMCSA requested comment on the extent duplication between the CLP requirement that driver-trainees be whether there is duplication between knowledge test and ELDT theory trained in recognizing potential dangers ELDT theory training and the CLP exam training exists, it should not be and appropriate safety procedures for and, if so, whether such duplication minimized or eliminated because some use at railroad grade crossings. AAR should be minimized or eliminated. suggested that, in addition, driver- degree of repetition benefits driver- Comments: FMCSA received a trainees should be instructed that trainees by reinforcing the core concepts number of comments in response to this railroads have personnel available at the of safe CMV driving. Therefore, as question. Most commenters, including posted Emergency Notification System proposed, all of the curricula in today’s OOIDA, Schneider, DTCC, NYAPT, (ENS) telephone numbers to receive rule retain a theory training component. Delaware Motor Transport Association, notification of any information relating DDE, and Werner, asserted that, to the As several commenters noted, the CLP to an unsafe condition at the railroad- extent duplication exists, it serves to knowledge test and ELDT theory highway grade crossing, such as a reinforce key concepts and should not training serve separate and distinct warning system malfunction at the be eliminated. Werner noted, however, functions in CMV driver education. railroad-highway grade crossing, or a that ‘‘[a]ny duplication that does not Theory training, as set forth in today’s disabled vehicle or other obstruction have a demonstrable benefit to the rule, is designed to provide driver- blocking a railroad track at the railroad- driver-trainee or the general public trainees with substantive understanding highway grade crossing. should be minimized to the extent of the operating characteristics of the An individual commenter, noting that practical.’’ The VA DMV commented vehicles they intend to operate, safe improperly inflated tires increase that ‘‘[r]eceiving the information in driving practices, and the legal and braking distances and contribute to multiple mediums will assist in medical requirements related to CMV punctures and blowouts, suggested that reinforcing the information with drivers driving. The CLP knowledge test is load-to-tire inflation tables be included and lead to better retention of the designed to assess whether CDL in the ELDT curricula. information.’’ applicants have sufficient knowledge of Truckers Against Trafficking (TAT) Michigan believes that, while the CLP basic concepts related to the safe suggested adding an element to the exam and ELDT theory training cover operation of CMVs. FMCSA believes Class A and B curricula addressing the same subject matter, each serves a that the two approaches each represent human trafficking in the trucking distinct purpose. ‘‘The CLP exam important and distinct elements of CMV industry, focusing on ‘‘the measures for minimum competency for driver education. understanding and recognition of this the purposes of allowing a driver to 15. Core Curricula—Class A and Class crime, along with the action steps to be begin training. The theory training B CDLs taken.’’ Other commenters suggested should build on that minimum adding the following training topics: (1) competency and improve the entry-level FMCSA proposed a Class A and B As part of trip planning—instruction, driver’s skills . . .’’ CVTA also noted CDL core curriculum. The Class A practice, and evaluation for map reading that, while the CLP exam and theory curriculum addressed the knowledge utilizing an atlas; (2) overview of the training address many of the same and skills necessary to safely operate requirements of the ELDT regulation topics, ‘‘. . . the theory portion should combination vehicles (Group A), while along with information on how to report not be eliminated or minimized because the Class B curriculum pertains to heavy a non-compliant school; (3) it teaches many additional subjects, in straight vehicles (Group B). The whistleblower protection regulations in greater depth than are covered on the proposed curricula set forth training 29 CFR part 1978 and the procedures for Commercial Learner’s Permit exam.’’ topics specific to the underlying CDL reporting to FMCSA incidents of NRECA did not find any duplication class, all elements of which must be coercion from motor carriers, shippers, between theory training and the CLP taught and assessed. The Agency receivers, or transportation exam. On the other hand, Driver requested comment on the scope and intermediaries; (4) driver wellness and Holdings LLC believed there is content of the proposed curricula. basic health maintenance that affect a duplication and requested that it ‘‘be Comments: The Agency received a driver’s ability to safely operate a CMV; eliminated from the ELDT theory number of comments regarding the and (5) Federal rules pertaining to training.’’ Several individual CMV content of the individual core curricula. physical qualifications of CMV drivers, driving trainers also requested that Some commenters suggested adding including medical certification and duplication be minimized or eliminated. topics to one or more of the curricula, medical examination procedures.

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The Agency also received comments §§ 392.7 and 396.11) to all of the theory conditions. We also note that the NPRM suggesting that certain topics be curricula, which include for example: inadvertently included ‘‘tire chaining removed from various curricula, tires, wheels and rims, emergency procedures’’ in the BTW-public road primarily because the topic did not equipment, and steering mechanisms. portion of the Class B curriculum; the directly apply to the commenter’s Although brakes were identified as a Agency removed that element in the occupation or segment of the industry. key vehicle system in the ‘‘Identification final rule. Tire chaining procedures For example, AAR said that railroad and diagnosis of malfunctions’’ portion remain in the Class A and B theory employees should not be required to of the proposed Class A and B theory curricula, as proposed. demonstrate skills like alley dock curricula, in the final rule the Agency Finally, FMCSA disagrees with backing or other skills similarly expanded the term to include specific commenters suggesting that certain unrelated to their job functions. UPS types of CMV braking systems, training topics be deleted from the commented that several proposed including ABS, hydraulic and air, as proposed curricula, or should not apply elements in the theory portion of the applicable. In response to the comment to certain CDL holders, because they are Class A curriculum, including regarding non-fifth wheel combinations not relevant to a particular occupation photographing the scene and assessing for Group A vehicles, we note that or vehicle. Regardless of an applicant’s weather and signage conditions post- techniques for the proper coupling and intentions at the time he or she obtains crash, ‘‘do not correspond to specific uncoupling of combination vehicles are a CDL or endorsement, the individual is substantive safety requirements and are included in the Class A theory in fact credentialed to operate a range of inconsistent with prudent operations.’’ curriculum and that ‘‘coupling devices’’ CMVs falling within the CDL class or Minnesota suggested that the rule are included within the scope of both endorsement received. For example, ‘‘address training requirements for non- pre-trip and post-trip inspections in although an individual may intend to fifth wheel combinations in addition to §§ 392.7 and 396.11, respectively. In make a living as a school bus driver, if the traditional tractor-trailer addition, FMCSA adds the words ‘‘as he or she holds a Class A or Class B combinations,’’ noting that if CDL applicable’’ after ‘‘coupling and license in addition to the S and P holders are restricted to operating a non- uncoupling combination vehicle units’’ endorsements, that individual is fifth wheel combination, ‘‘training in the Class A curriculum to indicate considered qualified to operate any curricula needs to be developed to that more than one type of coupling CMV falling within those classifications, address the needs of operating this type device exists. including straight trucks. Accordingly, of class A combination vehicle safely.’’ The Agency also made various it is reasonable to require that these DDE commented that school bus conforming and organizational changes individuals receive training drivers will typically have a Class B to the curricula for purposes of clarity commensurate with the CMV driving CDL with P and S endorsements. DDE and consistency, most of which are credentials they hold. noted that many elements of the Class specifically noted below in the section- In response to comments suggesting B theory curriculum are not applicable by-section explanation of changes from that certain driving skills, such as to school buses, including coupling and the NPRM. hazard perception and skid control and uncoupling combination vehicles, The Agency notes that many of the recovery, be removed from the Class A hazardous materials regulations, suggested additions to the training and Class B BTW public road curricula stopping at weigh stations, awareness of curricula were proposed in the NPRM and retained as theory topics only, surroundings including truck stops/rest and remain in the final rule, including FMCSA notes that these skills are not areas, tire chain procedures, theory of whistleblower protection in 29 CFR part necessarily intended to be performed by cargo weight distribution, cargo 1978, reporting incidents of coercion to the driver-trainee. In the NPRM, the securement, and hours of service. FMCSA, physical qualification of following BTW skills were specifically Finally, several commenters, drivers, and driver wellness. While we designated as ‘‘appropriate for including Minnesota DPS, DTCC, and did not include the reporting of non- discussion during public road training Century College, suggested that certain compliant training providers as a topic or simulated, but not necessarily ‘‘dangerous driving maneuvers’’ or in the curricula, instructions for doing performed’’ (emphasis added): Hazard ‘‘extreme driving conditions’’ in the so will be available on the ELDT Web perception, railroad (RR)-highway grade Class A and B BTW public road site. FMCSA considers human crossing, night operation, extreme curricula, such as skid control and trafficking, suggested by TAT as an driving conditions, emergency recovery, should be removed from the additional topic for the training maneuvers/skid avoidance, and skid BTW portion of the curricula and curricula, to be an extremely important control and recovery (81 FR 11944, retained as theory topics only. DTTC issue. However, it is not directly related 11973 (March 7, 2016)). commented that ‘‘[i]t would be to safe CMV driving skills, and therefore These topics remain in the BTW impractical at best and dangerous at was not included in the final rule. public road curricula because they are worst to mandate [skid control and FMCSA notes that training providers are appropriate for commentary instruction, recovery] as part of BTW training.’’ free to add any topics they consider in which the instructor discusses the FMCSA Response: In today’s final relevant to the training experience, as proper techniques for responding to rule, FMCSA revises the Class A and B long as the required elements of the these conditions while the driver- CDL curricula to add topics that, as ELDT curricula are taught and assessed trainee is behind-the-wheel of a CMV, suggested by commenters, will improve in compliance with today’s rule. even when such conditions may not the safe operation of CMVs, including Additionally, FMCSA removed actually be encountered during the proper entry and exit of ramps on the several elements from the ‘‘Post-crash training session. For example, an interstate and other controlled access procedures’’ portion of the Class A and instructor could discuss adjustments to highways and notification to railroad B theory curricula that, as UPS noted, speed and following distance that need personnel of an unsafe condition at the do not directly impact the safe operation to be made during periods of heavy rain, railroad-highway grade crossing. of CMVs, including photographing the even when actual driving conditions are FMCSA adds specific cross references scene, obtaining witness information, dry. FMCSA believes that commentary to applicable pre- and post-trip assessing skid measurements, and instruction during public road training inspection sections of the FMCSRs (i.e., assessing signage, road, and weather provides a valuable opportunity for

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driver-trainees to reinforce safe driving b. Substitution of Simulators for BTW simulation device, and a driver-trainee behaviors in a contextual learning Training may not use a simulation device to environment. The Agency therefore As defined in the NPRM, BTW demonstrate proficiency. However, as retains these topics in both the public training means training provided by a discussed below, simulators may be road and theory portions of the qualified driver-instructor when driver- used in theory training. curricula, as proposed. The final rule trainees have actual control of the FMCSA agrees that simulators can clarifies that instructors must provide power unit during a driving lesson provide valuable learning opportunities commentary instruction for these conducted either on a range or public to entry-level drivers to improve driving elements of the BTW curricula. The road. Therefore, as proposed, time spent techniques and introduce them to final rule also states that driver-trainees on a driving simulation device would hazards and driving conditions they are not required to demonstrate not substitute for actual ‘‘hands on the may expect to encounter in their driving proficiency in these elements of the wheel’’ training on a range or public career. The Agency has previously BTW curricula. road. The NPRM did, however, include recognized the value of specified simulation technology for entry-level a. Night Driving/Operation ‘‘driving simulation devices’’ within the 15 scope of ‘‘theory instruction,’’ thus training of CMV drivers. Accordingly, As proposed, Class A and B CDL permitting simulator use to fulfill the the final rule retains the definition of trainees would be required to receive proposed theory curricula requirements. ‘‘theory instruction’’ proposed in the both theory and BTW (public road) Comments: Virage Simulation (Virage) NPRM, which specifically includes instruction in night operation of a CMV commented that three research studies ‘‘driving simulation devices.’’ in order to recognize and respond to the demonstrated that backing skills learned Consequently, training providers may special problems that night driving on a driving simulator are equal to use simulation technology in meeting presents. While training providers were training in the truck. Virage stated that any of the theory curricula requirements strongly encouraged to offer driver- the ‘‘continued lack of support by the for the Class A and B CDLs and the P, trainees actual night-driving experience FMCSA for substitution of BTW hours S, or H endorsements. For example, where feasible, they would not be with simulation hours is somewhat simulation devices can allow a driver to required to do so. perplexing in light of the express better understand how to react in purpose of the ELDT NPRM to establish potentially hazardous situations, which Comments: Comments were mixed on cannot be prudently demonstrated on a the need to require driver-trainees to ‘more extensive entry-level driver training.’ ’’ Virage proposed that FMCSA public road. Simulators are also useful operate CMVs at night. Truckers for a in helping students understand how to Cause stated that the final rule should allow simulator-based training for the substitution of up to 50 percent of the effectively manage emergency require ‘‘actual BTW instruction during situations, such as tire blowouts, skid times of darkness.’’ One commenter required BTW hours. Schneider suggested allowing for 10 avoidance or control, and collision suggested that the BTW hours avoidance. requirement should be no less than 200 percent of the BTW training hours to be hours, 50 of which should be night completed using driving simulation, 16. Manual v. Automatic driving hours. noting that simulator use will allow the Transmission—Class A and B Curricula training provider to expose the driver- Requirements On the other hand, several training trainee to adverse conditions that are (1) As proposed in the theory portion of providers supported the NPRM’s not readily accessible in the training the Class A and B curricula, the topic approach of not making nighttime provider’s region (e.g., snow in the ‘‘shifting/operating transmissions’’ is driving a requirement. Century College south or mountains in the Midwest); described as an introduction to ‘‘basic commented that ‘‘[a]dding a night and/or (2) too dangerous to purposefully shifting patterns and procedures,’’ driving component would add recreate on the open road for training which will enable the trainee to perform instructional costs and insurance costs purposes (e.g., a tire blowout or severe basic shifting maneuvers, including that would be prohibitive,’’ noting that wind). According to Schneider, executing ‘‘up and down shifting drivers could learn night driving allowing for simulated drive time will techniques on multi-speed dual-range operations from specific employers after also have the additional benefits of transmissions if appropriate.’’ The obtaining a CDL. reducing fuel cost and lowering description of the ‘‘shifting/ FMCSA Response: In today’s final emissions in the cost-benefit analysis for transmission’’ topic in the BTW-public rule, the BTW public road core curricula this rulemaking. ABA requested that road curricula requires driver-trainees to do not require driver-trainees to operate FMCSA ‘‘recognize the value of ‘‘demonstrate proficiency in proper a CMV at night. Therefore, night driving simulators, and provide additional techniques for performing safe and fuel- must be discussed during public road flexibility for their use under this efficient shifting and making any training, but not necessarily performed. proposal.’’ necessary adjustments in the process.’’ In order to ensure that this topic is FMCSA Response: The final rule does Noting that some carriers utilize only sufficiently addressed during BTW not require that a minimum number of CMVs equipped with automatic public road training when actual night BTW training hours be completed. transmissions, FMCSA invited comment driving is not feasible, the training Accordingly, whether or not simulation on whether there should be an option to instructor would, for example, provide devices can be used to fulfill part of the forego this element of the training for commentary instruction to convey how proposed BTW hours requirement is no driver-trainees who intend to operate night driving conditions differ from longer an issue. However, in the only automatic transmission-equipped daytime driving, such as the impact of Agency’s judgment, there is simply no CMVs. The NPRM also noted that, nighttime glare on a driver’s mirrors. As substitute for the time a driver-trainee currently, drivers who take their CDL noted above, the final rule does not actually spends behind the wheel and in skills test in a CMV equipped with an require driver trainees to demonstrate direct control of a CMV during range and public road training. Today’s rule proficiency in BTW elements they are 15 Commercial Motor Vehicle Driving Simulator not required to perform, such as night therefore does not permit BTW training Validation Study (SimVal): Phase II (Report No. driving. to be conducted by using a driving FMCSA–RRR–10–044, October 2010).

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automatic transmission must have an inclusive and not specific to the description of the ‘‘shifting/ indication on their CDL that the driver transmission.’’ In addition, the Iowa transmission topic’’ was subsequently is restricted from operating a CMV with DOT thought the NPRM was unclear adopted as part of the Class B BTW- a manual transmission, 49 CFR regarding the situation in which a driver public road curriculum. Again, the 383.95(c)(1). changes jobs or the type of vehicle, Agency infers that the proposed Comments: Most of the comments on asking whether a driver ‘‘would have to definition was intentionally not this issue said driver-trainees should be take the training over again if they drive transmission-specific in order to permit trained in the type of CMV they intend a manual transmission because they driver-trainees to receive BTW training to operate. Werner Enterprises (Werner) were trained in the ‘automatic only’ in the type of CMV they intend to commented that FMCSA should permit curriculum?’’ operate. operators of automatic transmission FMCSA Response: FMCSA agrees that FMCSA’s conclusion is further vehicles to forego the instruction on ELDT requirements should be flexible supported by the fact that, as several manual shift transmissions, noting that enough to accommodate a driver- commenters noted, the prevalence of requiring manual transmission training trainee’s choice to operate a CMV automatic transmission-equipped for drivers who intend to operate CMVs equipped with an automatic vehicles in the Group A and B equipped only with automatic transmission. The final rule does not classifications is currently significant transmissions ‘‘will take valuable require that ELDT occur in a CMV and is widely expected to increase over training time which could be better equipped with a manual transmission. time. In light of this clear trend toward devoted to further developing other skill On further review of the ELDTAC automatic transmission-equipped areas.’’ According to Werner, meeting record, the Agency believes this CMVs, it defies logic to presume that the approximately 70 percent of CMVs flexibility was already intended. For ELDTAC intended to require that all currently produced are equipped with example, during the development of the driver-trainees receive training on a automatic transmissions; both ‘‘shifting/operating transmissions’’ manual transmission, regardless of manufacturers and carriers agree that component of the theory portion of the whether they intend to operate a CMV this trend towards automatic Core A and B curricula, the words ‘‘if so equipped, or would be required to do transmission CMVs is likely to continue. appropriate’’ were added to the topic so in the course of their employment. ATA, stating that it ‘‘foresees broad description, so that it would read as The Agency regrets any confusion adoption of automatic transmissions in follows: ‘‘[t]his must include training caused by posing the question of the future,’’ suggested that ‘‘FMCSA each trainee to execute up and down whether driver-trainees should be should seriously consider giving shifting techniques on multi-speed dual- permitted to ‘‘opt out’’ of manual training providers the flexibility to train range transmissions, if appropriate’’ transmission training. Further, FMCSA drivers for the equipment they expect to (emphasis added).16 A slightly revised notes that States, in administering the drive.’’ version of the ‘‘shifting/operating CDL skills test, ‘‘must check the vehicle C.R. England also stated that the in which the applicant takes his or her NPRM ‘‘lacks flexibility because it does transmissions’’ topic, which included the ‘‘if appropriate’’ modifier, appeared test is representative of the vehicle not allow reduced training hours for group the applicant has certified that he restricted licenses.’’ Noting, for in the NPRM. FMCSA therefore infers that the ELDTAC recognized that or she operates or expects to operate’’ example, that ‘‘if a driver intends to (§ 383.73(b)(2)). Accordingly, the NPRM drive an automatic transmission vehicle training in this theory topic would necessarily vary according to the type of proposed, and the final rule requires, and receive a restricted license, less that training vehicles must be in the training is required’’ C.R. England transmission the driver-trainee intends to operate. same group and type that the driver- suggested that ‘‘required BTW time for trainee intends to operate for the CDL The description of ‘‘shifting/ a Class A or Class B license with a skills test (§ 380.711(b)).The Agency transmission’’ as a component of the manual transmission restriction be notes that, in addition to the manual 1 BTW-public road training for Class A, reduced by ⁄3.’’ transmission restriction discussed Schneider and the California initially presented to the ELDTAC by above, other restrictions currently apply Department of Motor Vehicles (CA the Core Curriculum Working Group at to air brakes and non-fifth wheel DMV) both noted that, if driver-trainees its third meeting on April 9–10, 2015, connections (§ 383.95(a), (b) and (d)). In opt to receive training only in an remained largely unchanged throughout the final rule, the Agency adds ‘‘as automatic transmission vehicle, the the remainder of the ELDTAC’s applicable’’ to the brake-related topic training provider would need to meetings.17 The description, cited descriptors in the Class A and B indicate that on the training certificate above, simply refers to the driver- curricula and the coupling descriptor in uploaded to the TPR and States must be trainee’s ability to demonstrate the Class A curricula, to clarify that able to accept and store that information proficiency in ‘‘proper’’ shifting driver-trainees are free to select a on the electronic driving record. techniques and to make ‘‘necessary training curriculum that is appropriate NASDPTS noted that since almost all adjustments.’’ There is no reference to for the type of CMV they intend to school buses are now equipped with either manual or automatic operate.19 automatic transmissions, there is no transmissions.18 An identical Because the final rule does not require value in qualifying school bus drivers to that driver-trainees complete a operate manual transmission-equipped 16 ‘‘Proposed Core Curriculum’’, ELDTAC minimum number of BTW training vehicles. DDE and NAPT also supported Meeting, April 23–24, 2015, available at the option to forego the manual www.FMCSA.dot.gov/advisory-committees/eldtac/ meetings. that is activated by a pedal or lever and a gear-shift transmission element because school 17 The words ‘‘safe and fuel efficient’’ were added mechanism operated by either hand or foot.’’ buses have automatic transmissions. to the BTW-public road description of the ‘‘shifting/ 19 Existing regulations require that, if a CDL However, several commenters transmission’’ topic and the word ‘‘required’’ was applicant fails the air brake component of the opposed permitting driver-trainees to deleted at the ELDTAC meeting on May 14–15, knowledge test, the State must indicate that 2015. See ELDTAC Meeting Minutes, May 14–15, restriction on the applicant’s CLP (§ 383.95(a)(1)). In obtain training only in an automatic 2015. such cases, the applicant could complete BTW transmission-equipped CMV. The Iowa 18 Section 383.5 defines a manual transmission as training only in a vehicle that is not equipped with DOT said ‘‘the training should be ‘‘a transmission utilizing a driver-operated clutch any type of air brakes.

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hours, the question of whether required training applicable to a Class A or Class FMCSA Response: FMCSA does not minimums should be lowered if BTW B CDL. include a Class C CDL curriculum in training occurs in an automatic In response to the Iowa DOT’s today’s final rule. As explained in the transmission-equipped vehicle is now question concerning what, if any, ELDT NPRM, the Agency believes that Class C moot. However, FMCSA does not requirements would apply to drivers license holders will receive the believe there would have been any basis who obtain ‘‘automatic transmission appropriate training required for any of on which to reduce the proposed only’’ training and subsequently have the three endorsements applicable to a required BTW time when driver-trainees that restriction removed from the CDL Class C license. For example, an receive training in a specific type of by taking a skills test in a manual applicant wishing to transport CMV, such as an automatic- transmission-equipped vehicle, the passengers in a Group C vehicle must transmission equipped vehicle or a answer is that no further ELDT would complete the P endorsement training, vehicle not equipped with air brakes. be required. Again, FMCSA notes there which includes both theory and BTW First, we note that the BTW hours is no ‘‘automatic transmission only’’ components. Similarly, under today’s training designation. An applicant who requirements proposed in the NPRM rule, a driver, a driver of a ‘‘Type A’’ takes the CDL skills test in a CMV reflected the total minimum amount of (i.e., ‘‘short’’) school buses designed to subject to a restriction (e.g., a CMV carry ten or more passengers, would be time it would take the average driver- equipped with an automatic required to complete the theory and trainee to proficiently perform the transmission), and who subsequently BTW portions of both the P and S required skills; the ELDTAC did not has that restriction removed following curricula. ascribe any set number of hours to the successful completion of a skills test in We note that, under the final rule, performance of specific tasks. More a non-restricted vehicle, is not required applicants for the H endorsement are importantly, as explained above, the to obtain any further ELDT. In today’s not required to obtain BTW training Agency believes that, by keeping the rule, FMCSA revises § 380.603 to clarify because there is no State-administered curriculum topic descriptions broad, the that the ELDT requirements do not skills test for the H endorsement. As ELDTAC intended to permit flexibility apply to drivers who simply have a noted previously, applicants for the H in the type of training delivered, based restriction removed from their CDL. endorsement will already have a Class on the driver-trainee’s choice of vehicle A or B CDL, or will be concurrently 17. Class C CDL Curriculum within a designated group. The ELDTAC obtaining a Class A or B CDL at the time agreed to assign a specified number of FMCSA did not propose a curriculum they apply for the H endorsement, or BTW hours for the Class A and B for Class C CDL training because a intend to transport hazardous materials curricula after the curricula had been Group C vehicle must be designed to in a vehicle for which a Class A or Class unanimously adopted by the full transport 16 or more passengers B CDL is not required. Consequently, H committee. FMCSA therefore concludes (including the driver) or any hazardous endorsement applicants must complete that, if the proposed BTW minimum materials as defined in 49 CFR 383.5. As the theory curriculum set forth in hours requirements had been retained in such, the driver of a Group C vehicle Appendix E of Part 380 before taking the the final rule, a reduction in the needs a P, S, or H endorsement. The State-administered knowledge test minimum number of BTW hours based NPRM proposed training curricula for required to obtain that endorsement. on any specific vehicle type would not each of these endorsements. In addition, 18. Passenger Endorsement Training have been justified. The Agency because Group C vehicles weigh less therefore continues to assume that most than 26,001 pounds, the Agency does The NPRM included a curriculum to driver-trainees will spend at least 30 not believe it is necessary to prescribe address the specific training needs of a and 15 hours to complete the Class A BTW training comparable to the other CMV driver seeking a P endorsement. and Class B BTW curricula, classes of CDL. There was no minimum number of respectively. Comments: Washington DOL hours proposed for either the theory or commented that ‘‘[s]ince a Class C BTW (range and public road) portions of Contrary to the assertion of driver must be getting a passenger, the P endorsement training, but the commenters who noted that, if a driver- school bus or hazardous materials training provider must cover all of the trainee completes training in an endorsement to obtain the CDL, Class C topics set forth in the curriculum. automatic transmission-equipped drivers should be required to meet the Additionally, the training must be vehicle, the training provider would same minimum behind-the-wheel conducted in a representative vehicle need to indicate that on the trainee’s training requirements as Class B drivers for the P endorsement. ELDT certification the provider to ensure public safety.’’ The State of Comments: Comments on this issue electronically submits to the TPR, there Michigan commented that it ‘‘is were generally supportive. The ABA is no need to identify the specific satisfied that entry-level Class C drivers commented that specialized training transmission type in which the driver will receive sufficient training through should be required before an completed BTW training. As noted in endorsement training,’’ but noted that endorsement is conferred because motor the NPRM and in today’s rule, each ‘‘if endorsement training is eliminated coach driving operations require a BTW curriculum requires only that the from the final rule then the issue of unique skill set. ABA urged adoption of training be conducted in a vehicle Class C training should be examined.’’ the Model Motorcoach Curriculum representative of the applicable class or The NYAPT commented that it is (MMC) and encouraged the use of endorsement. As explained above, there unclear whether the proposed motorcoach/P endorsement training is no ‘‘automatic transmission only’’ regulations would apply to Class C CDL providers, stating that most truck training designation. Driver-trainees holders who drive smaller school buses, driving schools are not able to address will take BTW training in the type of including ‘‘Type A’’ buses. NYAPT motorcoach driving skills. ABA believes CMV they intend to operate and, requested that FMCSA clarify that issue, the rule will increase the transparency consequently, in which they expect to stating that ‘‘these drivers should be of training provider course offerings and take the CDL skills test. The training covered by the regulations given their make it easier for individuals to find certificate would simply indicate, for responsibilities for transporting our training providers. Overall, ABA example, that the individual completed children.’’ believes this will likely result in an

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increase in training providers for the The organization expressed concern that smaller Group C vehicles are used to motorcoach industry, as well as an ‘‘[i]f the company has one CMV that transport passengers. Therefore, it is increase in hiring opportunities for does interstate work, then the company important that drivers of these vehicles drivers. In addition to ABA, the UMA will be required to train all of its drivers receive passenger endorsement-specific and bus safety groups supported the P since they may at some point be needed training which allows them to acquire curriculum. to drive the CMV.’’ NLA therefore the knowledge and skills necessary for The DDE commented that the theory concluded that ‘‘there should be some their safe operation. curriculum for the P endorsement had exemption [from P endorsement The Agency does not believe that the additional items not applicable to requirements] for very small operators.’’ P curriculum requirements in today’s school bus operations, e.g., techniques FMCSA Response: In today’s final rule will ‘‘kill the passenger of photographing an accident scene, rule, FMCSA retains the passenger P transportation business’’ by making it skid measurements, baggage and cargo endorsement curriculum largely as too difficult to hire limousine drivers as management, identifying prohibited and proposed. The Agency adds drawbridge MCLA asserted. To the contrary, better acceptable materials, hours of service, safety procedures to the theory portion trained drivers may make it less difficult weigh station obligations, and CVSA of the P curriculum and deletes several to obtain liability insurance. In addition, out-of-service criteria. DDE stated it topics unrelated to safe operation of to the extent that limousine companies would not have trainers qualified to passenger-carrying CMVs. These currently provide P endorsement teach the additional material in the P changes are discussed below in the training to employees or potential endorsement curriculum. An individual ‘‘Section-by-Section Explanation of employees or wish to begin providing commenter suggested that the reference Changes from the NPRM.’’ such training, they may be listed on the to CVSA inspections be removed from In response to ABA’s suggestion that TPR if they meet the eligibility the S and P curricula ‘‘since the class A/ the Agency adopt the MMC, we note requirements set forth in §§ 380.703 and B truck driver will have a better chance that the MMC is not necessarily 380.719 of the final rule. of being at a roadside [inspection] than intended for entry-level drivers. Rather, Finally, as noted below in the a school bus driver.’’ the MMC is a comprehensive training discussion of the S endorsement The AAR stated that certain elements curriculum for motorcoaches, more curriculum, FMCSA does not anticipate of the P curriculum, including likely to be used in ‘‘finishing’’ training that the training requirements in today’s inspection of restrooms and handling of for newly-hired drivers who have rule will hinder school bus driver passenger baggage, should not be already obtained the P endorsement. In recruitment and hiring. The majority of required for railroad employees who contrast, the P endorsement curriculum jurisdictions currently impose school drive crew vehicles, as those vehicles in today’s rule focuses on the basic bus driver training requirements that ‘‘are not equipped with restrooms and specific skills that a driver-trainee will meet or exceed the minimum standard the drivers do not handle passenger need to master in order to safely operate established in the final rule. Under both baggage.’’ a passenger-carrying CMV. the NPRM and the final rule, such The NYAPT had no objection to the Part 383 currently requires that training programs would be eligible for curriculum content prescribed for anyone seeking the S endorsement also listing on the TPR. In order to make this attainment of the P endorsement, but pass the knowledge and skills tests for clearer, we amend the definition of expressed concern over the potential obtaining the P endorsement ‘‘training provider’’ in today’s rule to impact the rigorous training (§ 380.123(a)(1)). In response to specifically include local/State requirements will have on school bus comments that the proposed P governments and school districts. driver recruitment and hiring. curriculum included topics unrelated to Two commenters believed that the operation of a school bus, such as 19. School Bus Endorsement Training limousine drivers should not be cargo management and weigh station The NPRM included a curriculum to required to complete the proposed obligations, we note that such topics are address the specific training needs of a curriculum for the P endorsement extremely relevant to common carrier CMV driver seeking an S endorsement. training. Minnesota Chauffeured motor coach operations, which are also The NPRM did not propose a minimum Limousine Association (MCLA) stated covered by the P endorsement, and are number of required hours for either the that the limousine industry ‘‘already thus retained in today’s rule. theory or BTW (range and public road) faces difficulty trying to obtain drivers In the Agency’s judgment, any CMV portions of the S endorsement training, because of the stipulations put on us by driver holding a P endorsement should but the training provider must cover all the insurance companies,’’ predicting be capable of safely operating of the topics in the curriculum. BTW that ‘‘with these new regulations, it will representative passenger vehicles training must also be conducted in a be almost impossible to hire drivers or covered by that endorsement, regardless representative vehicle for the S promote drivers to achieve a passenger of whether or not the individual also endorsement. endorsement.’’ The National Limousine holds the S endorsement and intends to Comments: Comments were mixed on Association (NLA) noted the positive drive only school buses. Similarly, Class the proposed S endorsement training. safety record of the passenger-carrying B holders who operate railroad crew The NASDPTS believes the proposed motor vehicle industry, suggesting that vehicles may not intend to operate other curriculum is appropriate. Furthermore, the P endorsement training should not types of passenger vehicles, such as a NASDPTS is confident that training be required for smaller CMVs such as motor coach, but holding a Class B CDL provided by most States and school vans, shuttles, and mini-coaches. NLA with a P endorsement permits them to districts throughout the nation is is not aware of any ‘‘pressing concerns do so, and they should be trained consistent with, and in many cases in the pre-arranged passenger ground accordingly. exceeds, the training outlined in the transportation industry that would In addition, there is no justification NPRM. The National School necessitate additional new training for excepting drivers of ‘‘smaller CMVs Transportation Association (NSTA) also requirements for those vehicles.’’ such as vans, shuttles, and mini- endorsed the proposed curriculum, In addition, NLA noted that the coaches,’’ from the P endorsement noting that it ensures that all entry-level majority of its members own vehicle curriculum requirements, as suggested drivers will receive the necessary fleets comprised primarily of sedans. by NLA. The fact remains that these amount of training on all vital elements

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of safe student transportation. Other the S curriculum in the final rule will the maneuvers required by the Class B commenters also supported the improve safety by providing a more curriculum. It would be up to the proposed S endorsement curriculum, complete approach to training that instructor to determine the point at asserting that since many States already involves the transportation of all CMV which the driver-trainee demonstrates cover these topics in their mandated passengers, including school children. the school bus-specific competencies. school bus driver training, the proposed FMCSA does not believe the final rule FMCSA also notes that, for driver- curriculum is appropriate as a minimum unduly burdens those jurisdictions that trainees who concurrently obtain national standard. already maintain reasonable S training training for the Class B CDL and the P The DMTA supported S endorsement requirements. As noted above, States or and S endorsements from the same training, but stated that no BTW time localities currently requiring that school training provider, the provider would should be mandated since the trainee bus drivers obtain S training that meets electronically submit certification to the would already have a Class B CDL or or exceeds the minimum standard TPR indicating that the individual would need to meet the Class B training established by today’s rule will be completed each of the three curricula. mandate (which includes a BTW minimally impacted because the rule In addition, not all driver-trainees requirement). Some commenters does not impose additional training wishing to obtain the S endorsement believed the proposed S endorsement requirements on those programs. Any will necessarily have or need to obtain training is unnecessary because school provider who currently offers S a Class B CDL. Those who intend to bus drivers in most States are currently endorsement training that is equivalent drive ‘‘Type A’’ school buses below a subject to rigorous training requirements to, or more stringent than, the GVWR of 26,001 pounds would not from their State Highway Patrols or curriculum set forth in proposed need to hold or obtain a Class B CDL in Departments of Education. § 380.621 (now appendix D to part 380) order to obtain the S endorsement. Consequently, they claim that school could be eligible for listing on the TPR, Similarly, a driver who previously bus drivers are already among the best presuming all instructor qualifications obtained a Class B CDL by completing trained groups of CDL drivers and have and other requirements are met. Entities BTW training and taking the CDL skills the best safety record. The NYAPT eligible for listing on the TPR include, test in a straight truck, and who expressed concern that ‘‘the rigorous for example, individual school districts, subsequently wishes to add the S training programs and provider network State agencies or departments, and endorsement to his or her CDL in order in place will be supplanted by these third-parties that contract with States or to drive school buses, must complete new requirements and result in lower localities. The Agency revises the the BTW requirements specific to the levels of quality and intensity of definition of ‘‘training provider’’ in operation of a school bus. training.’’ Accordingly, NYAPT § 380.605 of the final rule to make this Commenters who asserted that the S requested that ‘‘FMCSA consider ways more clear. The Agency notes, however, endorsement training would either to grand-parent existing programs that that it is up to individual training cause or exacerbate a shortage of school meet or exceed the proposed high providers to determine whether they bus drivers did not offer any specific training standards . . .’’ meet the requirements of today’s rule. information in support of their claims, NYAPT also commented that the new FMCSA disagrees with the DMTA’s other than to note that ‘‘additional’’ requirements could likely have an effect position that the S endorsement training training requirements would make it on the shortage of school bus drivers, curriculum should not include a BTW more difficult to find qualified drivers. stating that ‘‘[t]his training regimen, component. According to DMTA, S We do not find this generic argument a however well intended, will make it endorsement BTW training would be persuasive basis for either eliminating more difficult for drivers to be brought redundant since the driver-trainee or reducing the S endorsement on-line in school bus operations.’’ A would either already have a Class B CDL curriculum. number of SDLAs, including the North or would be required to obtain a Class As previously discussed, for those Dakota Department of Transportation, B CDL and thus complete a curriculum States and localities that already require the Iowa DOT, and the Delaware DMV, that includes at least 15 hours of BTW training in the safe operation of a school opposed the inclusion of the S training. First, we note that, even in the bus, today’s rule will likely have endorsement training, also asserting that absence of a 15 hour minimum BTW marginal impact as long as those requiring entry-level training for school requirement (which was not retained in training programs, at a minimum, follow bus drivers would negatively impact the the final rule), the school bus-specific the S endorsement curriculum as set school districts in their States, which BTW training requirements in today’s forth in Appendix D and become listed are currently struggling to hire drivers. rule do not duplicate the Class B on the TPR. For those jurisdictions Several commenters also noted that curriculum requirements for BTW on presently without mandated training MAP–21 did not mandate S either the range or public road. The that meets this minimum standard, endorsement training. range/public road component of the S today’s rule ‘‘raises the bar’’ for safety FMCSA Response: FMCSA retains the endorsement curriculum describes six by requiring that school bus drivers be S endorsement training in the final rule. maneuvers, specific to the operation of adequately trained. In the Agency’s As we acknowledged in the NPRM, a school bus, in which the driver-trainee judgment, that is the paramount while MAP–21 did not specifically must demonstrate proficiency, as consideration for any jurisdiction or require the adoption of S endorsement determined by the instructor. entity responsible for transporting training requirements, the statute did When a driver-trainee who has not children. include the P endorsement within the previously held a CDL intends to scope of required ELDT. In light of the concurrently obtain a Class B CDL, as 20. Hazardous Materials Endorsement fact that part 383 currently requires that well as the P and S endorsements, the Training anyone seeking to obtain an S trainee can elect to take the Class B FMCSA proposed training for endorsement also obtain a P BTW training in a school bus. In such individuals seeking an H endorsement. endorsement, including the S situations, BTW instructors will ensure As noted above, the current endorsement training requirements in that the range and road maneuvers requirements to obtain an H today’s rule is entirely consistent with required as part of the S endorsement endorsement, set forth in § 383.121, do MAP–21. FMCSA believes that retaining training will be addressed in addition to not include a State-administered skills

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test, because the H endorsement is not recommendations were carefully complete refresher training before his or linked to a specific vehicle group or developed by a clear consensus.’’ On the her CDL is reinstated. type of vehicle. Accordingly, the other hand, the Iowa DOT commented Comments: Several comments proposed H endorsement curriculum that substituting PHMSA’s HMR recognized the value of refresher did not include a BTW component. The training for the H endorsement training training. Advocates, DMTA, and the NPRM did not require a minimum proposed in the NPRM ‘‘seems electric trades (EEI/NRECA/APPA) number of hours for completing the H reasonable and would establish a more supported the idea of refresher training theory curriculum. universal standard for HAZMAT for drivers disqualified under 49 CFR The Agency sought comment on the training.’’ 383.51(b) through (e). The State of scope and content of the proposed FMCSA Response: As noted in our Michigan supports refresher training curriculum and on whether the Pipeline discussion of the legal basis for this ‘‘only for reinstatement of lapsed CDLs, and Hazardous Materials rulemaking, MAP–21 requires that major CDL violations, imminent hazard, Administration’s (PHMSA) hazardous minimum ELDT standards address the § 383.51, and § 383.52.’’ NYAPT materials employee training regulations specific training needs of a CMV believes that ‘‘it is appropriate to require in 49 CFR 172.704 could be used or operator seeking an H endorsement (49 CDL holders who have been disqualified modified to satisfy the proposed H U.S.C. 31305(c)(2)). The Agency or put on suspension to engage in some endorsement training requirements. therefore does not have the legal form of corrective training before they Comments: The State of Minnesota authority to remove the H endorsement are allowed to resume their licensed asked whether the H endorsement training requirements from the final status.’’ training would need to be completed rule, and they are retained as proposed. Several commenters noted that the prior to the applicant taking the State- Further, FMCSA concludes that term ‘‘refresher training’’ may also administered H endorsement knowledge PHMSA’s hazardous materials training pertain to training for CMV drivers test. Minnesota noted that since the requirements in § 172.704 may not be whose CDLs have lapsed for some proposed H endorsement theory used to satisfy the H endorsement period of time. San Juan College curriculum ‘‘closely mirrors the curriculum requirements in today’s rule suggested that, in the final rule, the information in the hazardous materials because the PHMSA regulations do not Agency change the term to section of the AAMVA CDL manual,’’ address the CMV-related topics ‘Reinstatement Training’ ‘‘to the proposed endorsement training may included in the H endorsement differentiate the training required for not be necessary. The NGPA also curriculum. Finally, motor carriers and ‘‘highway-safety’’ related issues from commented that the proposed H other entities that currently provide H the current refresher training programs endorsement curriculum is endorsement training that meets or that are not related to a safety issue.’’ ‘‘superfluous’’ because State exceeds the minimum standard Another commenter suggested that governments already provide training established in the final rule could FMCSA make clear that refresher guidance for the H endorsement continue to do so, as long as they are training is not a short cut to initially knowledge test, which includes material listed on the TPR in accordance with getting a license. that ‘‘is analogous to the proposal’’. the eligibility requirements set forth in A number of comments opposed all or Additionally, NGPA noted that propane §§ 380.703 and 380.719. part of the refresher training proposal. motor carriers already have a ‘‘profound The ODOT questioned FMCSA’s stated incentive to provide appropriate 21. Refresher Training premise for refresher training, noting training on hazardous material FMCSA proposed refresher training that ‘‘[t]rained, experienced drivers may operations, including all elements for any CDL holder who is disqualified make mistakes or poor decisions in their detailed in the proposal.’’ from operating a CMV under § 383.51(b) driving behavior, but that does not mean Schneider requested that FMCSA through (e). The NPRM proposed that a they have suddenly lost their ability to remove the requirement for H CDL holder be required to complete safely operate a CMV.’’ The North endorsement training or, in the refresher training from a provider listed Dakota DOT commented that the alternative, demonstrate the benefit on the TPR prior to retaking the State- proposal ‘‘will have a direct from training. Schneider noted that H administered skills test to reinstate his administrative impact on the State’s endorsement applicants are already or her Class A or Class B CDL. Under workload and lend itself to confusion required to pass a knowledge test as a the NPRM, the State may not restore full for the public.’’ The CA DMV stated that condition of obtaining the endorsement CMV driving privileges until the its ‘‘system would require significant and that, under the proposed rule, ‘‘the disqualification period is completed and program modification in order to driver would also be required to pay to the State receives notification that the prevent the issuance of a CDL when complete this course work.’’ driver completed refresher training. refresher training was not completed.’’ Accordingly, ‘‘Schneider believes the FMCSA did not propose a minimum The VA DMV commented that the driver would demonstrate the same number of required hours for the refresher training requirement would level of knowledge with or without the refresher training, but required that the burden drivers subject to a 60-day ELDT training and, therefore, the benefit training provider cover all topics in the disqualification, ‘‘since a driver who is of this training is not likely to justify the curriculum. As proposed, disqualified convicted of two speeding tickets in a costs.’’ drivers taking refresher training would three year period would be required to The PMAA supported ‘‘provisions in obtain a restricted CDL solely for the obtain an ‘‘R’’ restriction on his CLP/ the NPRM designed to establish an purpose of completing the BTW portion CDL, complete theory and BTW training improved core curriculum for of the refresher training curriculum. The (with fees) and return to DMV to have Hazardous Materials endorsements.’’ Agency specifically invited comment on the ‘‘R’’ restriction lifted.’’ AAMVA OOIDA does not support substituting the practical implications of noted that, while it ‘‘appreciates the hazardous materials regulations (HMR) implementing that proposed need for refresher training, the training in 49 CFR 172.704 to satisfy the requirement. FMCSA also invited requirement for refresher training for all H endorsement training in the proposed comment on whether a driver violations incorporated under § 383.51 rule, noting that ‘‘the ELDTAC disqualified under § 383.52 (imminent would drastically increase the volume hazardous materials curriculum hazard) should also be required to and demand for operators requiring

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such training prior to operational driver re-take the State-administered A curriculum. The Nebraska DMV asked authorization of a commercial vehicle.’’ skills test as a condition of CDL whether ‘‘anything completed for the A number of commenters pointed out reinstatement.20 FMCSA therefore Class B training count[s] toward the various logistical and implementation concludes that States should maintain Class A requirement.’’ San Juan College, issues associated with the States’ their current flexibility to determine noting that the Class A and Class B limited reinstatement of the CDL to when, and on what basis, disqualified curricula are virtually identical but for permit driver-trainees to complete the CDL holders will be reinstated. the inclusion of ‘‘coupling/uncoupling’’ BTW portion of the refresher training Accordingly, the final rule removes any in Class A training, stated that ‘‘there curriculum, as proposed in § 383.95(h). reference to or requirement for refresher should be some training required to The State of Minnesota said that having training. upgrade from Class B to Class A, but it to provide limited privileges for should only relate to skill required for refresher training would be an undue 22. Training Requirements for Driver- pulling a trailer.’’ burden on SDLAs. The commenter Trainees Obtaining Multiple CDL The DDE commented that the NPRM noted that, in addition, ‘‘Minnesota Credentials does not address the requirements that currently has a conflict with the ‘R’ In the NPRM, FMCSA proposed a a driver with a Class A CDL would need restriction as that letter code is already Class A CDL core curriculum; a Class B to meet in order to drive a school bus, used for something else in MN and this CDL core curriculum and curricula for i.e. ‘‘just do the theory and BTW most likely is the case in many other the P, S, and H endorsements. The curriculum for ‘P’ & ‘S’ endorsements or states.’’ The State of Michigan curricula for Class A and B CDLs and also complete the Class B theory and commented that ‘‘the proposal for a the P and S endorsements are comprised BTW curricula?’’ The CA DMV noted limited license that allows for a training of both theory and BTW (range and that the NPRM apparently requires that period when a person is currently under public road) elements. Individuals a person seeking a P, S, and/or H a suspension/revocation violates the seeking the H endorsement would be endorsement for a Class A or B CDL Motor Carrier Safety Improvement Act required to complete theory training meet the specific endorsement training (MCSIA) that was very specific that CDL only. As explained previously, the H requirements in addition to the drivers were not to be issued a limited endorsement is not linked to any ‘‘standard training requirements for the term (restricted) license.’’ specific vehicle group or type of vehicle; specified class of CDL.’’ However, CA The NY DMV commented that consequently, there is no skills test DMV commented that ‘‘that fact is not ‘‘[t]here are too many variables to required in order to obtain it. The clearly noted in the proposed language’’ consider to implement a ‘limited CDL’ Agency’s responses to the comments and requested that FMCSA clarify these and would be putting a heavy burden on below address the curriculum requirements. the States to program and monitor.’’ The requirements applicable to driver- The DE DMV commented that ODOT said that ‘‘requirement for the trainees seeking multiple CDL ‘‘[r]equiring additional training on top SDLA to issue a ‘restricted CDL’ for the credentials. of Class A and B core ‘entry-level’ purpose of the BTW portion of the Comments: The NY DMV noted that training for a specific endorsement is refresher training is unmanageable and it is not clear whether a driver who is unnecessary’’ because ‘‘the applicant burdensome.’’ The Nebraska DMV, the applying for a Class A or B CDL, as well has already obtained the knowledge State of Montana-DOJ/MVD, the Iowa as the P and S endorsements at the same base necessary to operate a CMV.’’ DE DOT, the CA DMV, and the Delaware time, must undergo multiple trainings DMV also noted that it currently DMV also expressed concerns regarding and obtain certification in all three requires 12 hours of classroom training the practical difficulties associated with training curricula. NY DMV requested and 6 hours of BTW training for the ‘‘S application,’’ which ‘‘falls short of the a temporary reinstatement of the CDL in that FMCSA clarify that ‘‘more than one order for the holder to complete requirements set forth in this rule.’’ DE training curriculum and certification refresher training. AAMVA asked what DMV asserted that if the NPRM’s S would be required if undertaking the evidence would be provided which endorsement training requirements were skills testing at the same time for more would allow an individual ‘‘to operate adopted in the final rule, ‘‘major than one of the applicable Class CDLs or a CMV for the sole purpose of satisfying changes to our current State laws, endorsements.’’ the refresher training.’’ regulations and procedures will need to NY DMV also noted that the NPRM is FMCSA Response: The final rule does be made in order to meet this mandate.’’ not include a requirement for refresher not clear regarding the obligations of FMCSA Response: As proposed in the training. The Agency removed the driver-trainees undertaking multiple NPRM, the final rule requires that a provision based primarily on the curricula when some of those curricula training provider cover all theory and/ SDLAs’ comments identifying specific have overlapping elements in theory or BTW topics in the curriculum for the ways in which implementation and and/or BTW instruction. They posed the applicable Class or endorsement in administration of the proposed refresher following example: ‘‘a trainee undergoes order for a driver-trainee to complete training requirement would be difficult the Class A curriculum, then wants to the training. The Agency acknowledges and burdensome to administer. Based undergo the Class B curriculum, may that there is overlap in some of the on the comments, it is reasonable to the Training Provider offer them curricula content. For example, the assume that requiring an individual to reduced theory and/or BTW instruction, topics included in both theory and BTW obtain a restricted license solely for the if the trainee took the same theory and/ curricula for the Class A and B CDLs are purpose of completing the BTW road or BTW instruction form the Class A virtually identical in most respects. training would cause confusion for law curriculum?’’ Other commenters wanted However, there is a significant enforcement, SDLAs, and individual to know whether a driver upgrading difference in the types of CMVs to drivers. from a Class B CDL to a Class A CDL which the Class A and B CDLs apply. Further, the States impose their own would have to complete the entire Class Group A includes combination vehicles reinstatement protocols on CDL holders with a Gross Combination Weight 20 Drivers who are required to take a State- who have been disqualified, some of administered skills test in order to reinstate their Rating (GCWR) of 26,001 pounds or which include remedial driver CDL would not be subject to the training more, provided the Gross Vehicle education and/or a requirement that the requirements of this rule. Weight Rating (GVWR) of the vehicle

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being towed exceeds 10,000 pounds skills test for the Class A CDL. Class C requirements. In order to comply with (§ 383.91(a)(1)). Group B includes heavy CDL holders seeking to upgrade to a the minimum standard established by straight vehicles (i.e., non-combination) Class A or B CDL would need to the final rule, existing programs simply with a GVWR of 26,000 pounds or more, complete that curriculum before taking must cover the S endorsement or any such vehicle towing vehicle not the applicable skills test. In addition, curriculum, and the instructor must in excess of 10,000 pounds GVWR anyone holding a Class A, B, or C CDL determine that the driver-trainee is (§ 383.91(a)(2)). who wants to obtain a P and/or S proficient in the knowledge and skills The different operating characteristics endorsement would need to complete covered by the training. As stated of these two distinct vehicle groups the entire P and/or S endorsement previously, States are free to impose require that many of the elements in the curricula (theory and BTW) before training requirements that exceed this Class A and B curricula, though taking the State-administered skills test minimum standard. topically the same, be taught in ways in a representative passenger vehicle. 23. Training Materials tailored to the specific vehicle class. Similarly, any CDL holder seeking an H Space management, extreme driving endorsement must complete the H As proposed, training providers that conditions, pre-trip inspection, and endorsement theory curriculum before train more than three driver-trainees backing are examples of topics that taking the State-administered annually must provide written training would call for different methods of knowledge test. materials addressing the applicable instruction depending on the As noted above, the DE DMV asserted curricula to each driver-trainee. underlying vehicle class. The current that Class A or B holders already ‘‘have Providers training three or fewer driver- CDL skills testing process accounts for the knowledge base to operate’’ a CMV trainees annually were not subject to the difference in handling and should therefore not be required to this requirement. characteristics between and among undergo any additional endorsement- Comments: The VA DMV asked vehicle groups by requiring that the related training. To the contrary, the ‘‘whether FMCSA will provide training driving tests must be given in a Agency believes it is both necessary and materials, such as instructor manuals representative vehicle for a given appropriate that CDL holders obtaining and student manuals, for use by training vehicle group (§ 383.91(b)). Similarly, either the P or the S endorsement be providers or whether FMCSA will today’s rule requires that BTW training trained specifically in the safe operation provide a list of approved vendors be conducted in representative vehicles of the passenger vehicle(s) they will be where compliant training materials may for the class or endorsement for which licensed to operate. be obtained.’’ NYAPT inquired ‘‘as to training is provided. To the extent there Several commenters had questions the intention of FMCSA to provide is overlap between the Class A and B regarding the ELDT requirements for course of study related to the theory curricula, FMCSA agrees with the driver-trainees obtaining more than one portion of the training to enable training numerous commenters who noted that CDL credential at the same time. For entities to simply deliver already some level of repetition in training is example, DDE asked whether a Class A approved training programs in the acceptable as a means of reinforcing CDL holder wishing to obtain the S future.’’ core concepts and competencies. endorsement would need to complete IUOE recommended that the Agency Moreover, since the final rule does not the Class B, S, and P endorsement ‘‘post written training materials on-line require any minimum number of hours curricula. In that situation, the CDL and develop an interactive, on-line for BTW training, Class B CDL holders holder would need to complete both training program for the theory portion can reasonably expect to demonstrate portions of the S curriculum since the of the Core Curricula’’, noting that this proficiency in the Class A BTW applicant would be required to take a approach would ‘‘provide a feasible elements in less time. State-administered skills test in order to mechanism’’ through which FMCSA In response to the NY DMV’s question obtain the endorsement. Because could ensure quality and uniformity of regarding whether a Class A CDL § 383.123(a)(1) currently requires that S training. IUOE also noted that FMCSA- holder, having already completed Class endorsement applicants must also pass sponsored training and testing would A training, who wishes to obtain a Class the knowledge and skills test for ‘‘reduce by one-third the costs of ELDT B CDL would have to complete the Class obtaining the P endorsement, the borne by individual workers.’’ B training curriculum, the answer is no. applicant must also complete the theory Similarly, OOIDA commented that Currently, any Class A CDL holder is and BTW portion of the P endorsement ‘‘FMCSA should be able to create the permitted to drive a CMV in either training curriculum. The Class A CDL necessary training and assessment for Group B or Group C without taking the holder in this example would not need the theory curriculum’’, which would related knowledge/skills tests to complete the ELDT curriculum for prevent disparity among ELDT (§ 383.91(c)(1)). Today’s rule does not the Class B CDL because, as previously providers and provide a basis for change existing part 383 licensing stated, under § 383.91(c)(1), a Class A tracking training performance. requirements; therefore, no additional CDL holder is already licensed to FMCSA Response: FMCSA does not training would be required under those operate a Group B (or Group C) vehicle. intend to provide written or electronic circumstances. As noted above, the DE DMV training materials for any of the We note, however, that the ELDT expressed concern that the DDE’s curricula set forth in today’s rule, nor requirements established in today’s rule current training program for the S will the Agency endorse or certify apply to persons who take a skills test endorsement, which requires 12 hours specific materials or vendors. The either to obtain a Class A or B CDL for of classroom and 6 hours of BTW minimum curricular standards in the the first time, to upgrade to a Class A training, ‘‘falls well short of the final rule are designed to provide from a Class B, and to upgrade to a Class requirements set forth in this rule.’’ We sufficient topical guidance to theory A or B from a Class C. Accordingly, after believe that concern is unfounded since training providers, while allowing those the compliance date of the final rule, a the NPRM did not require any minimum providers to determine the specific Class B CDL holder wishing to upgrade number of hours for completion of content and format of their training to a Class A CDL would be required to either the theory or BTW portions of the materials. The Agency anticipates that complete the entire Class A curricula S endorsement curriculum, and today’s there will be variations in ELDT (theory and BTW) before taking the rule does not include such curricula based on a training provider’s

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presentation preferences and the needs the experience of those providers has the rule require that theory training of the driver-trainees they serve. In taught them the best sequence in which must be completed before obtaining a addition, training providers are to teach various elements. Additionally, CLP. The Agency believes it is permitted to add additional curriculum ATA stated that maintaining this appropriate to allow the training elements they deem appropriate. flexibility will encourage innovative providers to determine how to structure Accordingly, FMCSA-provided theory and adaptive training programs that their programs and best serve the needs training materials represents an could greatly improve collective of their students. Accordingly, the final approach entirely inconsistent with the understanding of effective CDL training. rule does not require that a certain flexibility envisioned by today’s rule. The VA DMV suggested that the final portion of range training precede the FMCSA anticipates that the final rule rule should require that theory and public road portion of BTW training for will encourage new entrants into the BTW-range instruction be provided either a Class A or Class B CDL. market for ELDT services, which will before the BTW-public road portion of However, as we noted in the NPRM, increase the availability of innovative the training in order to ‘‘ensure that FMCSA expects that, for any of the BTW and cost-effective alternatives from drivers have a basic understanding of curricula established in today’s rule, which driver-trainees may choose. In the laws governing CMVs and what to trainers will require that driver-trainees addition, many motor carrier employers expect before beginning operation of a master basic vehicle control maneuvers seeking qualified driver applicants vehicle.’’ AAMVA commented that it in a controlled environment before currently provide ELDT (including would be ‘‘logical’’ to provide theory allowing them to operate a CMV on a training materials) at little or no cost to training prior to any BTW ‘‘where an public road. In addition, if States the driver-trainee, and the Agency has increased element of danger is currently have or wish to impose no basis to anticipate that will change introduced into the environment,’’ also requirements for sequential or as a result of the final rule. Because noting that prior theory training would integrated ELDT, nothing in the final IUOE offered no substantiation for its increase the value and efficiency of rule prohibits them from doing so. claim that FMCSA-provided online BTW training. AAMVA recommended training materials would reduce driver- that ‘‘range hours precede public road 25. ELDT Instructor Qualifications trainees’ costs by one-third, the Agency training to limit public exposure to The NPRM proposed that, among is unable to respond directly to that drivers that have not had BTW training other things, ELDT instructors providing assertion. in a controlled environment.’’ The State theory and BTW training must be As noted above, the final rule makes of Michigan favored requiring that ‘‘experienced drivers’’ having at least no distinction based on the size of the ‘‘some’’ theory instruction be completed one year of experience in either CMV training provider; therefore, smaller before beginning BTW training, operation or driver training instruction. training entities are subject to the Michigan also commented that the final The Consensus Agreement noted the requirement that written training rule should require that theory training ELDTAC’s preference for two or more materials must be provided to driver- ‘‘be coordinated with’’ BTW training years of CMV driving experience. trainees. and, if not, ‘‘states should be allowed to FMCSA requested comment on whether require such coordination.’’ 24. Sequence of ELDT a two-year experience requirement VU asked whether driver-trainees will would affect the applicability of State In the NPRM, FMCSA did not propose be required to complete the full ten that the theory, BTW-range, and BTW- hours of range training for a Class A laws relating to instructors or training public road training occur in a specific CDL before proceeding to the public providers. sequence, but requested comment on road portion of the training. The NPRM also proposed that BTW whether there should be a particular AAMVA also commented that theory instructors complete training in the order for any of the required curricula. training should not be a mandatory public road portion of the curriculum in The Agency also requested comment on requirement for taking the SDLA which they are instructing. whether theory training should be knowledge test, but should be made a. BTW Instructors—Level of CMV required before a driver-trainee takes the available to students who may want to Driving or Instruction Experience State-administered knowledge test to use theory training to aid in their obtain a CLP. preparation for obtaining a CLP. San Comments: Most commenters Comments: FMCSA received a Juan College commented that, although supported a minimum of two years of number of comments supporting the completion of the theory portion of the experience operating a CMV; however, NPRM’s approach, which allows ELDT does not need to be required several commenters thought the training providers the flexibility to before taking the State-administered minimum of CMV driving experience determine how they would structure CLP written tests, applicants would be should be five years. Truckers for a and sequence their programs. According much better prepared to take the CLP Cause strongly disagreed with the length to DTCC, many schools have been very tests after completing their theory of the proposed experience requirement, successful in training CDL drivers using training. VU strongly believes that stating that ‘‘[i]t does not mandate a variety of curricular sequencing and driver-trainees should not be required to enough experience to properly train a that ‘‘[t]o take this academic freedom take theory training before obtaining a CLP holder.’’ Truckers for a Cause away would cause undue hardship to CLP, noting that a student’s ability to recommended that experience be the training providers and students obtain a CLP, whether prior to or during specified as either 200,000 miles of alike.’’ the theory training, will facilitate the ‘‘logged over the road driving’’ or 3000 ATA agreed that training providers timely completion of the BTW portion hours of ‘‘paycheck documented driving should be granted flexibility to of the training. work time.’’ Similarly, Minnesota noted determine when to teach various FMCSA Response: In today’s final that its CDL BTW instructor elements of the ELDT curricula, noting rule, FMCSA retains the approach qualifications refer to hours of that many of CDL training schools proposed in the NPRM; there is no experience, i.e., ‘‘3000 hours within the currently provide instruction in most, if mandatory order in which the theory, last five years of experience operating not all, of the curricula elements BTW-range, and BTW-public road the class of vehicle for which proposed in the NPRM. Over the years, training must be administered, nor does instruction will be provided.’’

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Other commenters, including NAPT b. Theory Instructors—Level of CMV expect an online provider to meet and ATD, urged FMCSA to allow a Driving or Instruction Experience multiple (and possibly conflicting) maximum degree of flexibility in setting Comments: The NY DMV requested State-based requirements pertaining to instructor qualifications. Virginia that FMCSA clarify how the proposed CMV theory instructors. Therefore, requested the final rule make clear ‘‘that definition of ‘‘experienced driver’’ State-based qualification requirements these are minimum requirements so that applies to theory instructor qualification otherwise applicable to theory the states have flexibility in requiring requirements. instructors would not apply to those additional criteria.’’ ATD expressed FMCSA Response: As noted above, instructors who provide content for concern that ‘‘overly restrictive the final rule does not use the term online providers. The Agency adds a instructor qualification requirements ‘‘experienced driver.’’ The qualifications requirement pertaining to theory would unduly limit the number and for theory instructors are now providers who offer online content in availability of qualified instructor/ incorporated directly into the definition any of the theory curricula included in trainers.’’ DTCC commented that the of ‘‘theory instructor’’ in § 380.605. today’s rule: They must ensure that the final rule should specify that the Under the final rule, theory instructors online theory curriculum content is instructor’s experience pertain to the must hold a CDL of the same (or higher) prepared and/or delivered by theory instructors who meet the qualifications classification of CMV in which class, and with all endorsements described above (e.g., two years of CMV instruction is being provided. necessary, to operate the CMV for which driving or BTW instruction experience). FMCSA Response: In today’s rule, training is to be provided, and have a FMCSA increases the minimum level of minimum of two years of experience c. Additional Instructor Qualification CMV driving or instructional experience driving a CMV requiring a CDL of that Issues from one year, as proposed, to two class or endorsement or at least two Comments: Truckers for a Cause years. Accordingly, the rule requires years of experience as a BTW CMV suggested that ‘‘older experienced that BTW instructors hold a CDL of the instructor. The NPRM proposed that drivers who may no longer be able to same (or higher) class, with all theory instructors have a minimum of obtain a DOT medical card’’ be able to endorsements necessary to operate the one year of CMV driving or instruction qualify as instructors under the final CMV for which training is to be experience. The two-year level of CMV rule. provided, and have either a minimum of driving or instruction experience is thus FMCSA Response: FMCSA adds an two years of experience driving a CMV commensurate with the BTW instructor exception to the BTW instructor requiring a CDL of the same or higher qualifications described above. qualifications in today’s rule: A BTW class and/or the same endorsement or at In addition, FMCSA deletes the instructor who provides training on a least two years of experience as a BTW proposed qualification that theory range that is not a public road does not CMV instructor. In addition, as instructors must have audited or need to hold a CDL of the same or proposed in the NPRM, BTW instructors instructed the portion of theory training higher class, and with all endorsements must meet all applicable State that they intend to provide. On further necessary, for which training is to be requirements for CMV instructors. consideration, we concluded that this provided, as long as he or she Accordingly, nothing in the final rule qualification standard is insufficient previously held a CDL of the same or prohibits States from imposing more because it does not require that the higher class, and with all endorsements stringent qualifications for BTW theory instructor have actual CMV necessary to operate the vehicle for instructors, such as a requirement that driving or instructional experience. In which training is to be provided, has at they have at least five years of CMV the final rule, the Agency adds an least two years of CMV driving driving experience. exception to the theory instructor experience or CMV instruction qualifications set forth in § 380.605: An experience, meets applicable State FMCSA believes this approach, which instructor is not required to hold a CDL requirements, and meets the driving reflects the ELDTAC’s preference for at of the same (or higher) class and with history requirements for BTW least two years of CMV driving or BTW all endorsements necessary to operate instructors, as discussed below. This instruction experience, as well as the the CMV for which training is to be limited exception allows older drivers, opinion of numerous commenters, provided, as long as the instructor some of whom may be retired from establishes a sufficient minimum previously held a CDL of that class and driving or are no longer medically qualification standard for BTW meets all other qualification qualified to operate a CMV on a public instructors. We also note that the requirements. The Agency makes this road, to teach entry-level drivers during instructional requirements described change in order to permit retired CMV the range portion of BTW training. above are now incorporated directly drivers, who may have many years of However, since any instructor who into the definition of ‘‘BTW instructor’’ experience operating a CMV but who no provides BTW range training on a in § 380.603, rather than in the longer hold a CDL, to provide theory public road or BTW public road training definition of ‘‘experienced driver,’’ as instruction. As noted below, this change would need to hold a CDL, this proposed. Consequently, the term responds to a comment regarding the exception would not apply to training ‘‘experienced driver’’ does not appear in valuable experience that such drivers conducted under either of those the final rule. possess. circumstances. (See § 380.605 for BTW Finally, we note the final rule does The final rule requires that, as instructor qualifications and not include the requirement, proposed proposed, theory instructors must also requirements.) in the NPRM, that certain BTW meet any applicable State requirements instructors must have completed for CMV instructors. However, today’s 26. BTW Instructors’ CMV Driving training in the public road portion of the rule includes a limited exception to that History curriculum in which they are requirement when online theory The NPRM proposed that within the instructing. The Agency believes the training is provided. Because the nature past two years, BTW instructors must higher level of CMV driving experience of online training makes it available not have had any CMV-related now required makes that additional literally anywhere there is an internet convictions for the offenses identified in requirement unnecessary. connection, it would be impractical to § 383.51(b) through (e). It also required

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training providers to utilize public road fact that under § 383.51, certain offenses that training providers be accredited by BTW instructors whose driving records require more than one conviction before a third-party organization in order to be meet applicable Federal and State a driver’s CDL is suspended, cancelled, eligible for listing on the TPR. requirements. or revoked, while other offenses result Comments: Commenters strongly Comments: All comments addressing in loss of CDL driving privileges after supported the concept of training this issue agreed that a BTW instructor’s the first conviction. The outcome provider self-certification. ATA driving record is relevant in therefore varies according to the severity supported the proposed requirement determining whether the instructor is of the underlying offense. Therefore, that training providers self-certify qualified. Both DMTA and DTCC BTW instructor disqualification is based because it will ensure there are an commented that, because of the serious on the loss of CDL driving privileges adequate number of training providers nature of the offenses identified in due to unsafe driving behaviors. available when the rule is fully § 383.51(b) through (e), any driver We also note that the NPRM’s implemented. Furthermore, ATA disqualified for any of those offenses proposed requirement that a BTW believed that periodic audits will should be permanently barred from instructor’s driving record meet confirm that these training providers are engaging in BTW instruction. OOIDA ‘‘applicable Federal and State offering fully compliant programs. commented that three of the offenses requirements’’ has been deleted from The NMFTA was also supportive. It proposed as a basis for disqualifying a the final rule. FMCSA concludes the stated that while self-certification BTW instructor (i.e., speeding language is unnecessary in light of the processes are ‘‘commonly viewed as excessively, following the vehicle ahead reference to ‘‘applicable State suspect,’’ in this case FMCSA has too closely, and railroad-highway grade requirements for CMV instructors’’ in proposed adequate safeguards to ensure crossing offenses) have the potential to the definition of ‘‘BTW instructor’’ in they are meaningful. NMFTA cited the be ‘‘cited incorrectly’’ and thus should § 380.605. proposed documentation retention not be relied on to determine an Finally, FMCSA reiterates that States requirements and on-site audits or instructor’s qualification. OOIDA also are permitted to impose more stringent investigations by FMCSA as additional suggested that the time period for BTW instructor requirements. enhancements to program integrity. disqualifying offenses should be five ATD supports the self-certification 27. ‘‘De-Certification’’ of ELDT years, rather than two years as proposal because a third-party Instructors proposed. accreditation mandate would be too An individual driver stated that Comments: The NY DMV noted that bureaucratic, inflexible, and costly. instructors should ‘‘have no record of the NPRM did not include processes They also noted that an accreditation theft or violence of any kind, nor have related to the ‘‘de-certification’’ or model could result in an insufficient had any record of drug use or DUI.’’ The reinstatement of ELDT instructors. supply of training options to meet NY DMV noted that, in addition to the FMCSA Response: Under today’s rule, industry demands. offenses identified in § 383.51(b) FMCSA has no role in certifying The Agency did not receive any through (e), ‘‘there are many other training instructors. The final rule comments opposing self-certification. factors on a driving record that would defines a minimum qualification FMCSA Response: In today’s rule, make an instructor undesirable, standard for BTW and theory FMCSA retains the self-certification including, but not limited to, other instructors, but leaves it up to the approach for training providers, as sanctions, fraud, non-CMV violations, training provider to determine whether proposed in the NPRM. In response to and accidents,’’ suggesting that FMCSA those qualifications, as well as any specific comments, the Agency clarified strengthen the provision pertaining to applicable State requirements, are met. some of the data elements to be an instructor’s prior driving record. The Further, FMCSA is not in a position to included in the Training Provider ODOT asked what is meant by the evaluate a training provider’s Registration Form, which are discussed proposed requirement that an compliance with State requirements. As immediately below. part of the self-certification process, instructor’s driving record meet 29. Training Provider Identification ‘‘applicable Federal and State training providers must attest, under Form and Related Information requirements.’’ penalty s of perjury, that they comply Requirements FMCSA Response: In an effort to both with the requirements of §§ 380.703 and simplify and clarify this provision, 380.719 in order to be eligible for initial The proposed Training Provider today’s rule states that if an instructor’s and continued listing on the TPR. Those Identification Report form (TPID form), CDL has been suspended, revoked, or requirements include utilizing BTW available in the NPRM docket, was cancelled due to any of the and/or theory instructors meeting the designed to capture the information disqualifying offenses identified in criteria set forth in § 380.713. Failure to necessary for registration on the TPR, § 383.51, the instructor is prohibited meet State requirements could result in such as identifying business and from engaging in BTW instruction for the training provider’s removal from the training facility information, training two years following the date his or her TPR. provider type (e.g., in-house, for-hire), CDL is reinstated following the and type of CDL training offered (i.e., disqualification. Anyone who loses the 28. Self-Certification of Training specific CDL class or endorsement). The privilege to drive a CMV due to Providers TPID also included a section titled engaging in any of these unsafe driving As proposed, in order to be listed on ‘‘Third-Party Quality Control,’’ in which behaviors should not be entrusted to the TPR, a training provider must meet providers could indicate the CMV driver teach entry-level drivers how to safely the applicable eligibility requirements training third-party certification or operate a CMV. set forth in subpart G and electronically accreditation organizations with which The Agency believes that the standard submit a completed Training Provider they are affiliated. The proposed form for BTW instructor disqualification is Registration Form affirming, under identified three organizations by name more appropriately based on CDL penalty of perjury, that the provider will (i.e., PTDI, CVTA, and NAPFTDS) and suspension, revocation, or cancellation, teach the FMCSA-prescribed curriculum also provided a blank space in which rather than on CMV-related convictions, that is appropriate for the CDL class or applicants could specifically identify as proposed. This change reflects the endorsement. FMCSA did not propose other third-party groups to which they

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belong. The NPRM proposed that NYAPT commented that, as proposed, TPR. Further, FMCSA expects that the training providers report changes in key the TPR will ‘‘require many school registration process itself will be neither information within 30 days of the districts to sign up as training burdensome nor costly, as the process is change and biennially submit an providers’’ which ‘‘will inflate the size entirely electronic and captures basic updated TPID form to FMCSA. The of the Registry significantly with entities identifying and categorical information. Agency also noted that the TPR would that seek to train their own drivers and The Agency sees no rationale under provide a way for individuals seeking who are not intending to make their which motor carrier-operated training training to find an eligible provider services available to other employers.’’ schools should be permitted to opt out meeting their specific needs. Minnesota commented that ‘‘[t]here of the TPR registration requirements on Comments: The State of Michigan will need to be communication between the basis of their size or safety record, supports the requirement for training the TPR registry and states that license as several commenters suggested. Such providers to report each training CDL training schools when a training exceptions would defeat the very location (§ 380.703(a)(6)) and that each school fails to follow state purpose of the registration process, location have some unique identifier in requirements.’’ The NY DMV asked which is to provide FMCSA with the TPR, but is concerned that as whether the State has an affirmative identifying information and to require proposed, the rule may not link obligation to inform FMCSA if a training all training providers to attest, under multiple locations to one training provider ‘‘ceases to be certified to penalty of perjury, that they provide provider. Michigan suggested that two provide training in that State.’’ ELDT in accordance with the final rule. ‘‘linked sets of unique identifiers be IUOE requested that FMCSA clarify In addition, registration is necessary to created—one for training providers that ‘‘apprenticeship programs and allow for the electronic transmission of (business entities) and another for other joint labor-management programs training certification information to the facilities (locations used by providers).’’ satisfy the ‘third-party quality control’ TPR. UPS expressed concern about ‘‘the lack section’’ of the TPID Report form. IUOE FMCSA acknowledges that some of clarity in the rule regarding whether also noted that, in the NPRM, FMCSA training providers, including those who each of the numerous training facilities stated its intention to provide post-rule provide ELDT only for their own it operates across the United States must guidance regarding both suggested and employees or prospective employees, be separately registered’’ and subject to proposed documentation establishing a may wish to keep their contact biennial renewal of registration and training provider’s compliance with the information private and therefore not other requirements for continued listing eligibility requirements for listing on the have it publicly displayed on the TPR on the TPR. TPR. IUOE urged the Agency to ‘‘resolve Web site. Accordingly, training The VA DMV asked whether there issues related to third-party quality providers who do not intend to make ‘‘will be an initial fee for applicants to control through the rulemaking process, their services available to all driver- register’’ or a fee associated with rather than through post-regulatory trainee applicants can elect not to continued listing on the TPR. Some guidance.’’ The Montana Logging include their contact information in the commenters were concerned that the Association (MLA) asked that FMCSA public listing that appears on the TPR registration process would be unduly ‘‘eliminate or modify the part where Web site. This option will be made burdensome and expensive. UPS said training facilities need to be accredited available at the time of initial that ‘‘[t]he proposed rule would impose by an educational source.’’ registration and can be changed anytime on UPS and other carriers with proven FMCSA Response: The Agency the provider so chooses. Because these in-house training programs the appreciates the comments it received on training providers do not wish to be unnecessary cost and burden of the training provider registration contacted by driver-trainee applicants, ensuring that all of it facilities meet the process, some of which led to revisions they will be listed on the TPR Web site specific requirements’’ for listing on the in the newly titled Training Provider simply by name, city, and State. We TPR. The NSTA, citing ‘‘administrative Registration Form (TPRF) and/or the note, however, that it is important that fees and burdens’’ that it expects to be related instructions, both available in all training providers eligible to deliver associated with the registration process, the docket of this rulemaking. For training that complies with today’s rule urged FMCSA to streamline the required example, FMCSA agrees with be publicly listed, so that driver-trainee information and registration process as commenters who raised questions about applicants will have a reliable means of much as possible in order to minimize the registration process for training confirming the provider’s eligibility. costs. providers with multiple training facility The publicly available information on Dart Transportation recommended locations. The Agency revises the the TPR may be accessed by anyone, at that ‘‘motor carriers not be required to registration form to accommodate no cost. A provider listed on the TPR is register as certified training programs as Michigan’s suggestion that, for such eligible to provide ELDT once it has long as [they] use BTW trainers with at entities, linked sets of unique identifier been assigned a unique training least one year of experience and numbers be assigned, one for the provider ID number. However, the otherwise meet all DOT qualification training provider business entity and Agency emphasizes that, as explained requirements.’’ UPS recommended that others for separate training locations above in the discussion of the self- ‘‘any school operated by a motor carrier operated by that entity. FMCSA intends certification approach adopted in that employs more than 1000 CDL- to minimize the training location- today’s rule, merely because a training licensed drivers for the purpose of specific information required for the provider is listed on the TPR does not training drivers that the motor carrier biennial updates for entities that mean that FMCSA certifies or otherwise intends to employ, shall be conclusively maintain multiple training locations. ‘‘approves’’ that provider’s operations. presumed to satisfy the requirements for We also note that the TPRF is an online Prospective entry-level drivers are thus listing on the TPR.’’ form that must be electronically encouraged to perform their own due The VA DMV requested that FMCSA transmitted through the TPR Web site. diligence before selecting a suitable maintain a ‘‘publicly accessible listing The Agency will not accept paper training provider. of approved training providers that registrations forms. The Agency agrees with the VA includes when providers have received There is no fee associated with either DMV’s suggestion that training a notice of proposed removal.’’ The initial or continuing registration on the providers who have received a notice of

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proposed removal should be publicly forth in § 380.725. In light of the 31. FMCSA’s Transmittal of ELDT identified on the TPR Web site. The clarifying changes made in § 380.725 of Certification and Related Information final rule requires, as proposed, that the final rule discussed below, the Requirements training providers who receive a notice Agency believes that post-rule guidance As proposed, following a driver- of proposed removal under § 380.723(b) on training provider documentation trainee’s completion of ELDT to inform current driver-trainees, as well requirements is unnecessary. In administered by a training provider as those scheduled for future training, of addition, draft instructions listed on the TPR, the provider will the proposed removal. However, accompanying the TPRF, available in electronically transmit to the TPR a FMCSA believes this information the docket for this rulemaking, provide certificate of completion which contains should also be available on the TPR detailed descriptions of the categories of specified information, including the Web site as an additional means of information required for registration on driver-trainee’s name, CLP/CDL number putting prospective students on notice the TPR. and the CDL class and/or endorsement that the Agency issued a notice of training the driver-trainee received. proposed removal to a training provider 30. Timeframe to Electronically FMCSA would then instantaneously listed on the TPR. In the event that Transmit ELDT Certification transmit the certificate to the SDLA via FMCSA withdraws the notice, the Information CDLIS for entry into the appropriate Agency would remove the designation driver record. In the NPRM, the Agency that a notice was issued. FMCSA adds FMCSA proposed that all training indicated that it would not retain a copy this provision to § 380.723(b) of the final providers must upload training of the trainee certificate in any Agency rule. certificates to the TPR by close of the Several commenters asked whether a next business day after the driver- system of records. For Class A or B State must inform the Agency whenever trainee completes the training. CDLs or P, S, or H endorsements issued after the compliance date of the final a CMV driver training provider licensed, Comments: The Delaware DOE stated certified, or otherwise approved by that rule, FMCSA proposed that, before that not all of its certified trainers have issuing a CDL, States be required to State no longer complies with the the hardware or software to transmit applicable requirements imposed by the initiate a check with CDLIS to certificates. Delaware DOE, DMTA, and determine that the applicant completed State. The answer is yes, and parts 383 DTCC asserted the requirement to notify and 384 are revised to make that the required ELDT from a training FMCSA by the next day will not be obligation clear. This notification provider listed on the TPR. possible in all cases. DMTA and DTCC requirement is necessary because Comments: A number of commenters favored allowing training providers up FMCSA has no independent means by had questions related to the process by which to monitor a training provider’s to one week to upload training which SDLAs would confirm that a CDL compliance with existing State laws and certification. Werner requested that the applicant completed the required ELDT. regulations. A training provider’s failure time for electronic transmission of AAMVA and the ODOT asked whether to comply with the licensure, certificates be extended beyond what SDLAs would be permitted to accept certification, or other requirements of was proposed, noting that ‘‘[a] potential paper training certificates. Other the State in which it conducts training daily requirement to complete and commenters recommended that FMCSA may result in that provider’s removal upload training certificates is an retain the training certificate as ‘‘back- from the TPR. unreasonable and potentially expensive up’’ documentation in the event the In response to comments by MLA and administrative burden on training SDLAs do not receive the information or IUOE, FMCSA notes that we may have providers.’’ AAMVA recommended that there is a verification problem. The inadvertently caused confusion by ‘‘instead of using the subjective timing Connecticut DMV asked FMCSA to labeling a section of the TPID form as of when a business day ‘closes,’ FMCSA clarify how States will be notified when ‘‘Third-Party Quality Control.’’ As noted [should] instead use ‘midnight of the the Agency removes a training provider above, no third-party certification or next business day’.’’ from the TPR. AAMVA noted further that it is accreditation requirements for training FMCSA Response: FMCSA unclear how quickly the SDLAs would providers were proposed in the NPRM acknowledges that, for a variety of and none are adopted in the final rule. be notified after the ELDT certificate is reasons, training providers may need uploaded to the TPR and requested that The purpose of this section on the more than one business day to transmit proposed TPID form was merely to the Agency clarify the time frame in the the training certification information to identify organizational affiliations that final rule. AAMVA also asked FMCSA the Agency through the TPR. training providers may have. There is no to clarify how long SDLAs have to post Accordingly, in today’s rule, training requirement that training providers the ELDT certificates and for what belong to any third-party group as a providers have until midnight of the length of time the States must retain the condition of listing on the TPR. In order second business day after a driver- information. South Dakota DPS to avoid confusion going forward, trainee completes training to commented that if license examiners FMCSA changes the name of that electronically transmit the ELDT must record the training certificate section of the registration form from certification to the TPR. In addition, the when the driver applied for a CDL, there ‘‘Third-Party Quality Control’’ to final rule requires that providers would be longer wait times at ‘‘Third-Party Affiliations.’’ We also add electronically submit training examining stations, requiring States to ‘‘joint labor-management programs’’ to certification information, as defined in hire additional staff. The ABA asked the list of third-party organizations § 380.717, to the TPR through an online whether FMCSA intends to make ELDT identified in this section of the form. form, rather than uploading the training certificates available to motor carriers FMCSA further clarifies that the certificate, as proposed. FMCSA seeking to hire qualified drivers. Agency does not intend to issue post- believes this method of data The NY DMV commented that rule guidance pertaining to ‘‘third-party transmission is more efficient and FMCSA ‘‘has not set any regulations or quality control’’. The guidance to which ensures that the required informational guidelines as to the establishment of we referred in the NPRM concerned the elements will be uniformly understood [the TPR] or the integration of the specific documentation requirements set and reported. transmittal of TPR certification data to

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CDLIS.’’ AAMVA noted that, while completed requisite ELDT before a. Separate Training Providers § 380.717 identified the information that allowing the individual to take the The NPRM permitted theory and BTW a training provider must submit to the applicable skill test(s) or, in the case of training to be delivered by separate TPR, the NPRM did not include a list of the H endorsement, the knowledge test. providers. The Agency noted that it proposed data elements that need to be In addition, the final rule does not ‘‘would not transmit training posted to the CDLIS driver record. require that States separately retain the certification to the SDLA until it AAMVA requested that FMCSA clarify training certification information, since receives notice of successful completion ‘‘which data elements CDLIS and the the relevant data will be entered directly of both theory and BTW (range and SDLAs will be required to onto the driver’s record through CDLIS. public road) training, when applicable.’’ accommodate.’’ ODOT observed that, Contrary to the position that FMCSA (81 FR 11960) because CDLIS does not retain CDL expressed in the NPRM, the Agency will Comments: The NY DMV wanted to issuance history, ‘‘after only a few years, retain the training certification know whether, if the training is every driver will appear to be under the information electronically transmitted completed by two different providers, training requirement.’’ Accordingly, to the TPR. Upon consideration, FMCSA both providers would be required to ODOT suggested that the Agency add believes retention of this information is complete a training certification. If so, specific data elements for recording in prudent in the event that data how would separate certifications ‘‘be CDLIS, such as whether the ELDT transmission to CDLIS is unsuccessful, reconciled for transmittal of a single requirements applied to an individual as several commenters noted. Further, certification of driver training driver as of the compliance date of the as noted previously, the Agency intends completion to CDLIS?’’ NY DMV final rule and what class of CDL and/or to use the specific training information endorsements the driver received. recommended that ‘‘the training contained in the certificates to assess certification not be issued and pushed ATA commented that ‘‘[i]t is the impact of ELDT on motor carrier imperative that training providers are to CDLIS until both components of the safety and to monitor the effectiveness training are completed.’’ Similarly, the able to electronically transmit training of individual training providers. certificates to the SDLAs, and that the CA DMV noting that ‘‘[t]he proposed FMCSA will not make individual language seems to indicate the DMV SDLAs are able to append the driver-trainee ELDT certification certificate, or confirmation thereof, to will receive multiple electronic information available through the TPR completion notices when separate the driver’s [CDLIS] record prior to to potential employers or any entity implementation of this rule.’’ Similarly, training providers deliver the theory other than the SDLAs. The means by and BTW training,’’ commented that ‘‘it NY DMV recommended that the TPR be which FMCSA will protect the ‘‘fully established and operational to would be less complicated if the states personally identifiable information (PII) only receive one certification per integrate the training certifications to contained in the training certification CDLIS prior to’’ the compliance date of curriculum.’’ information is discussed in the Privacy the final rule. AAMVA suggested that FMCSA Response: If a driver-trainee Impact Assessment associated with this the TPR send an inquiry to CDLIS to completes BTW and theory training rulemaking. verify that the training certification can delivered by two separate providers, be matched to a CDLIS Master Pointer The Agency will not issue paper each provider must transmit its record prior to the TPR’s transmission of training certificates for use by the certification to the TPR. The Agency ELDT certification to the SDLA. SDLAs; FMCSA’s transmittal of ELDT will not transmit notice of ELDT FMCSA Response: In the final rule, certification information to the SDLAs certification through CDLIS until both FMCSA will not, as proposed, transmit will be entirely electronic through portions of the training are completed. the training certificate to the States CDLIS. The Agency believes that the use Therefore, as the NY and CA DMVs through CDLIS for entry on the driver’s of paper training certificates is suggested, there will be a single record. Instead, the Agency intends to susceptible to fraud. Accordingly, in the notification to SDLAs indicating that the provide the relevant ELDT certification final rule, FMCSA revises CDL applicant complies with applicable information through data elements § 383.73(b)(10) to clarify that States ELDT requirements. We also note that, added to CDLIS that will be entered by must accept only electronic notification as discussed above, today’s rule requires the SDLAs directly onto the driver’s of ELDT certification. However, today’s that the range and public road record. At a minimum, these additional rule does not prohibit training providers components of BTW training be data elements will include the training from issuing paper certificates to obtained from the same training provider’s unique ID number (assigned individual driver-trainees, who may provider. upon initial listing on the TPR), the date wish to have their own documentation 32. Audits, Investigations, and the applicant completed applicable of ELDT completion. Documentation Requirements— ELDT, and the type of ELDT the The comments submitted by SLDAs FMCSA’s ‘‘Authorized Representative’’ applicant received (e.g., Class A, Class and training providers have raised B and/or the P, S, or H endorsements). important questions and concerns As proposed, one of the requirements The Agency intends to transmit the regarding the transmittal of ELDT that training providers must meet in training certification information as certification information to the States order to remain listed on the TPR is to soon as FMCSA confirms the through CDLIS. Many of the operational allow an audit or investigation of their information is complete. Under this details will necessarily be developed operations conducted by FMCSA or its approach, States will not be required to during the implementation phase of the authorized representative verify that the applicant received ELDT TPR, and the Agency will take these (§ 380.719(a)(6)). Training providers from a training provider on the TPR, as comments into account during that must also ensure that all required proposed. Consequently, there is no process. In addition, FMCSA will work documentation is available upon request need for FMCSA to notify States if a closely with AAMVA and the SDLAs by FMCSA or its authorized provider in their State is removed from during the implementation phase to representative. the TPR. SDLAs will simply need to address these issues in a way that Comments: Several commenters confirm, by checking the applicant’s minimizes the administrative burden on questioned the meaning of the term driver record, that he or she has States to the greatest possible extent. ‘‘authorized representative’’ as used in

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the NPRM. The NY DMV commented are undertaking the necessary corrective and urged FMCSA to address the issue that it ‘‘does not have the funding or the actions, which is generally 60 days. in the final rule. Most commenters cited resources & expertise to undertake such However, the final rule requires, as State CDL skill testing delays as the a task if FMCSA decided to utilize state proposed, that providers who receive a reason for their request that scheduling agencies.’’ The Nebraska DMV stated notice of proposed removal must inform be permitted before ELDT is completed. that ‘‘SDLAs not be considered an driver-trainees currently enrolled in FMCSA Response: The final rule does ‘authorized representative’ now or any training, as well as those scheduled for not prohibit an applicant from time in the future,’’ requesting that future training, of the proposed removal. scheduling a skills test in advance of his FMCSA make this clear in the final rule. In addition, as noted below, FMCSA or her completion of the required FMCSA Response: The provisions in will indicate on the TPR Web site that training. However, the rule is very clear § 380.719(a)(6) and (7), cited above, it has issued a notice of proposed that a State may not administer a skills remain unchanged in the final rule. By removal to the training provider. (The test until a driver-trainee completes the using the term ‘‘authorized Agency will remove that notation from training for the CDL or endorsement for representative’’, FMCSA does not intend the TPR Web site if it withdraws the which he or she is applying. Today’s to impose any audit, investigation, or notice.) If FMCSA subsequently rule will better prepare the applicant to documentation inspection requirement removes the provider from the TPR take the skills test, thereby reducing the on the States. The term simply indicates because it did not respond to the notice chance of failure and the need to take that the Agency may fulfill these or proposed removal within 30 days, or the test more than once. functions by using third party because it did not complete the required 35. Third-Party Skills Testers— representatives as appropriate. corrective actions, any training Verification of ELDT Certification conducted after the date of removal is 33. Involuntary Removal From the The NPRM did not address whether, TPR—Due Process invalid. In the Agency’s judgment, this or how, a third-party CDL skills tester As proposed, § 380.723 set forth approach balances the needs of training would access a driver-trainee’s training procedures related to the voluntary and providers who wish to correct certification information. Under involuntary removal of a training deficiencies in their program and driver- § 383.75, States may currently authorize provider from the TPR. trainees who are already receiving a third-party tester to administer the Comments: Driver Holdings LLC training from a provider to whom CDL skills tests, as long as specified (Driver Holdings) noted that under FMCSA issues a notice of proposed conditions are met. proposed § 380.723, any training removal. Finally, we note that, under Comments: AAMVA commented that, provider to whom FMCSA issues a the emergency removal procedures in as an agent of the State, a third-party notice of proposed removal must notify § 380.723(e), FMCSA can immediately CDL skills tester would need to verify current students, as well as students remove any training provider engaged in that the applicant completed the scheduled for future training, of the fraud, criminal behavior or when the required ELDT, but noted that ‘‘[n]o proposed removal ‘‘and all training after public interest or safety requires. consideration of this verification that date is not compliant.’’ Driver The rest of § 380.723(c)(1) remains process by third-party providers is Holdings commented that § 380.723 largely as proposed. The Agency, included in the NPRM . . .’’ AAMVA ‘‘does not appear to provide due therefore, believes that the final rule suggested that, in the final rule, FMCSA process’’ because ‘‘[t]here does not seem offers training providers significant due permit third-party testers to ‘‘submit a like there is an opportunity for the process protections which allow them search inquiry to the TPR and obtain the [training provider] to correct the to: (1) Respond to the notice of proposed necessary certificate data to administer problem, short of suspending its removal by explaining why the the skills test.’’ Similarly, ATA observed program.’’ proposed removal is not warranted or by that, absent granting third-party skills FMCSA Response: The procedures set agreeing to take specified corrective testers access to CDLIS, they ‘‘would forth in § 380.723 are largely retained as actions; (2) conduct training following have no way to verify the course has proposed. Under § 380.723(b), FMCSA issuance of the notice of proposed been completed.’’ However, ATA initiates the process for removing a removal (3) avoid removal from the TPR opposed granting third-party testers training provider by issuing a notice of by taking prescribed corrective actions; access to the TPR to obtain the proposed removal from the TPR, setting (4) request administrative review of information, citing privacy concerns. forth the reasons for the proposed removal; and (5) apply for reinstatement The State of Michigan also noted the removal and any corrective actions to the TPR no earlier than 30 days after third-party tester’s need to confirm the necessary for the provider to remain involuntary removal. ELDT certification, suggesting that the listed on the TPR. certificates be submitted to the The Agency acknowledges the 34. Scheduling the State-Administered Commercial Skills Test Information commenter’s concern that the proposed CDL Skills Test Management System (CSTIMS). language does not appear to afford the The NPRM did not address when a FMCSA Response: The Agency training provider an opportunity to driver-trainee may schedule his or her acknowledges that third-party skills correct noted deficiencies ‘‘short of State-administered CDL skills test. testers may need to obtain ELDT suspending its program.’’ In response, Under existing regulations, a CLP holder certification information. Currently, FMCSA deletes the proposed language is not eligible to take the CDL skills test however, individual States decide in § 380.703(b) stating that ‘‘no training in the first 14 days after initial issuance whether to use third parties to conducted after issuance of a notice of of the CLP (§ 383.25(e)). However, part administer the CDL skills test and, if so, proposed removal will be considered to 383 does not prohibit a CDL applicant how the third-party testers verify the comply with this subpart until FMCSA from scheduling a skills test before that applicant’s eligibility. Therefore, it withdraws the notice.’’ Accordingly, date. would not be feasible for the Agency to under the final rule, training providers Comments: Several commenters set forth third-party testing ELDT who receive a notice of proposed suggested that driver-trainees should be verification requirements in today’s removal can continue to conduct permitted to schedule skills testing prior rule. FMCSA will work with AAMVA training during the period in which they to the completion of the required ELDT and the SDLAs during the

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implementation phase to address the Agency ‘‘of the importance of a fully bond requirement, driver-trainees will process by which a third-party tester functional electronic system between look to their State licensing or education may determine whether the driver- schools, FMCSA and states prior to full authorities, neither of which would be trainee has completed the applicable implementation.’’ in a position to offer assistance. In ELDT. FMCSA Response: The compliance support of its request for a bond date of today’s rule remains as requirement for training providers, the 36. Compliance Date for ELDT proposed, three years after the effective ODOT cited an FMCSA regulation Requirements date of the final rule. While FMCSA requiring third-party CDL skills testers As proposed, the compliance date acknowledges the implementation to maintain a bond. will be three years after the effective concerns raised by commenters, the FMCSA Response: As noted above, date of the final rule. Agency nevertheless believes that three the NPRM did not require training Comments: FMCSA received a years allows adequate time for the States providers to maintain a surety bond in number of comments from State to pass implementing legislation and order to be eligible for listing on the licensing authorities asserting that three modify their technology platforms TPR and neither does today’s rule. The years does not allow sufficient time for accordingly. FMCSA intends to work Agency agrees with the ELDTAC’s the States to make necessary adaptations closely with AAMVA to address CDLIS- assessment that the issue of tuition to their IT systems and record the CDL related implementation issues as reimbursement related to the training applicant’s training certificate expeditiously as possible and to provide provider’s involuntary removal from the information on the driver’s record post-rule implementation guidance to TPR is appropriately addressed directly through CDLIS. The State of Michigan assist SDLAs in addressing specific by driver-trainees and the training commented that, ‘‘[g]iven these training implementation issues. Further, we note providers they choose. Prudent driver- requirements have been many years in that because the final rule does not trainees will assess the provider’s the making, ELDT requirements should include a refresher training requirement training operations before making a be effective 5 years (not 3) after the (as proposed), SDLAs will not need to financial commitment. Potential sources effective date of the final rule.’’ Noting modify their systems in order to issue to assist in such evaluation include that ‘‘three years to implement this restricted CDLs for the purpose of State or local consumer protection program is a very short and completing BTW refresher training on a agencies, third party training unreasonable amount of time,’’ the public road. accreditation entities, State Departments Delaware DMV suggested a minimum of Finally, unlike FMCSA’s phased of Education or Transportation, and the seven years from publication of the final approach to the Medical Certification U.S. Department of Education. We also rule. Some SDLAs cited the refresher and National Medical Registry note that the final rule does not prohibit training requirements, including the implementation, the Agency will not a State from requiring a training issuance of a restricted CDL, as provide SDLAs with paper training provider to post or maintain a surety particularly problematic. For example, certificates, nor will SDLAs be bond as a condition of doing business in Oregon DMV stated that ‘‘[i]ssuing a permitted to accept paper certificates as that State. restricted CDL as described in this evidence of ELDT compliance. The bond requirement for third-party rulemaking would require a very Accordingly, FMCSA believes that the skill examiners, referenced by the lengthy programming effort . . .’’ underlying information systems can be ODOT, is not an appropriate precedent AAMVA commented that ‘‘[t]he integrated and operational by the for requiring training providers to registry of entry-level training providers compliance date of today’s rule. maintain a bond under today’s rule. and the process for transmittal and Section 383.75(a)(8)(v), provides that 37. Bond Requirements for Training acceptance of all applicable information when the State has an agreement with Providers associated with the entry-level training a third party to administer CDL skills certification must be in place before the The NPRM did not propose any bond testing, that agreement must include a compliance date.’’ AAMVA requested requirements for training providers provision requiring the third-party tester that the three year compliance date be listed on the TPR. However, in the to initiate and maintain a bond, in an specifically predicated on the preamble, the Agency noted that the amount determined by the State, completion of all process and functional ELDTAC considered the effect of a sufficient to pay for re-testing drivers in requirements associated with the final training provider’s involuntary removal the event the third-party is involved in rule. Similarly, the Connecticut DMV from the TPR on driver-trainees who fraudulent activities related to asked the Agency to extend the had already paid tuition, but had not yet conducting skills testing for CDL compliance date ‘‘until all process completed their training. The ELDTAC applicants. That bond requirement is requirements of the rule and [the TPR] determined the issue should be resolved therefore part of a contractual agreement are functional.’’ The NY DMV also between the training provider and the between the State and third-party, non- commented that the compliance date driver-trainee. government entities who provide testing should be tied directly to the Comments: The Virginia DMV and the services for the State. functionality of the TPR, suggesting that ODOT both expressed concern about the No contractual relationship exists the date be no earlier than one year after NPRM’s lack of consumer protection for between a training provider and the ‘‘fully established and operational a driver-trainee who paid tuition to a FMCSA. In order to be eligible for training Registry.’’ training provider that, due to non- listing on the TPR, training providers In addition to SDLAs, several other compliance with today’s rule, is need only attest, under penalty of commenters expressed concern involuntarily removed from the TPR perjury, that they meet the eligibility regarding the proposed compliance before the driver-trainee completes his criteria to provide ELDT and that they date. The NYAPT commented that or her training. The commenters agree to comply with other requirements FMCSA could place the State licensing suggested that training providers be set forth in subpart G. This self- agencies in the difficult position of required to submit a surety bond in certification approach is very different having to implement requirements order to provide recourse to driver- from the way that third-party CDL skills before the related systems changes are trainees under such circumstances. The examiners are regulated under part 383. fully operational. UMA reminded the ODOT noted that, in the absence of a Section 383.75 requires, for example,

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that States authorizing third-party OIG’s Web site, www.oig.dot.gov/ VIII. Discussion of Comments and testers to conduct CDL skills testing do hotline, and will also be available on the Responses on the Analysis the following: (1) Perform onsite TPR Web site. Opportunity Costs inspections of the testers; (2) periodically validate the legitimacy of 38. Executive Order 13045—Protection Comment: An individual commenter the testers’ skills testing operations; (3) of Children From Environmental Health stated that the tuition costs do not take include specified contractual provisions Risks and Safety Risks into account the fact that driver-trainees would not be earning an income while in agreements between the State and the E.O. 13045 requires that Federal they are in training, and that all training third-party; and (4) take prompt agencies, consistent with their mission, was uncompensated time that the remedial action against testers failing to identify whether ‘‘economically comply with CDL program standards. Agency did not account for. significant’’ rules pose environmental Since today’s rule does not impose any FMCSA Response: FMCSA discussed health risks and safety risks that may similar regulatory requirements related this issue in Section 3.1.3 (Opportunity disproportionately affect children. In to the oversight of training providers, Cost of Time) of the RIA for the NPRM the NPRM, FMCSA stated that, while the Agency does not believe there is and for today’s rule. FMCSA first sufficient basis to implement a bond the proposed rule was economically estimated the total amount of time that requirement related to ELDT. significant, the Agency does not a driver-trainee would spend in However, the Agency recognizes that anticipate that this regulatory action training—both theory and BTW hours— driver-trainees should be timely could in any way create an for each of the proposed curricula. informed about the status of providers environmental or safety risk that could Additionally, FMCSA estimated the cost from whom they obtain, or plan to disproportionately affect children. of this time using the appropriate driver obtain, ELDT. The final rule requires, as Comment: NAPT took ‘‘strong wage rate; that is, presuming that the proposed, that training providers inform exception’’ to the Agency’s assertion time driver trainees spend in training is driver-trainees currently enrolled in that the NPRM does not create an time they could otherwise be working as training, as well as those scheduled for environmental health or safety risk that a driver. future training, of the proposed removal could disproportionately affect children Carrier Opportunity Cost (§ 380.723(b)). Further, as noted above, and therefore does not invoke E.O. the Agency adds a provision to 13045. NAPT commented that the S Comment: The NPGA stated that § 380.723(b) stating that, if the provider endorsement training requirements will FMCSA did ‘‘not account for the is listed on the TPR Web site, FMCSA lead to school bus driver shortages, opportunity cost of the propane motor will indicate on the Web site that it has resulting in children having to find carrier while the potential driver issued a notice of proposed removal to alternative and less safe means of receives training from an institution.’’ the provider. (In the event that FMCSA transportation to and from school. FMCSA Response: FMCSA discussed withdraws the notice, that designation NAPT concluded that the NPRM would this issue in Section 3.2.1 (Opportunity will be removed from the provider’s thus create ‘‘a very real situation that Cost of Entry-Level Driver Training to TPR listing.) may indeed disproportionately affect Motor Carriers) of the RIA for the NPRM As noted above, in today’s rule, children since they are the primary and for today’s rule. FMCSA estimated FMCSA deletes the proposed provision beneficiaries of school bus service.’’ that the opportunity cost of the motor stating that training conducted after the carriers, that is, the best alternative to Agency’s issuance of a notice of FMCSA Response: E.O. 13045 defines the carriers in the absence of regulatory proposed removal is invalid until ‘‘environmental health risks and safety action, would have been the value of FMCSA withdraws the notice. Under risks’’ as risks that ‘‘are attributable to drivers’ labor under the carriers’ employ § 380.723(b) of the final rule, training products or substances that the child is and consequently, the carriers earning conducted following issuance of a likely to come in contact with (such as some increment of profit or value from notice of proposed removal is generally the air we breathe, the food we eat, the each of those drivers’ labor hours of considered compliant until the provider water we drink or use for recreation, the work. is actually removed from the TPR. soil we live on, and the products we use Therefore, a driver-trainee in the or are exposed to).’’ (E.O. 13045, Section Barrier To Entry for Prospective Drivers process of receiving ELDT from a 2–203.) This rulemaking does not pose Comments: FMCSA received provider to whom FMCSA issues a any risks ‘‘attributable to products or numerous comments regarding the notice of proposed removal will very substances [a] child is likely to come in effect of the proposed ELDT likely be able to complete their training contact with.’’ As previously discussed, requirements on the supply of CMV before the provider can be removed, today’s rule retains the S endorsement drivers. Most of these commenters, which is a minimum of 30 days training requirements proposed in the which included the school bus industry, following issuance of the notice. (Any NPRM. The S endorsement curriculum custom harvesters, the limousine training provided after the date of is intended to enhance the safety of industry, and some SDLAs, believe that removal from the TPR is not valid.) school bus transportation by ensuring the rule may inhibit the entry of new Further, FMCSA expects that the that all school bus drivers have the drivers into the CMV industry, thereby potential imposition of civil and requisite knowledge and skills to making it more difficult for carriers to criminal penalties on training providers operate the vehicle safely. As we hire drivers, and more expensive for failing to comply with the requirements explained in the discussion of the carriers to employ those drivers once of today’s rule will, in most case, deter Agency’s decision to retain the S they are hired. A number of commenters fraudulent conduct. However, in the endorsement training requirement, we asserted that, accordingly, the proposed event that driver-trainees become aware do not anticipate that this requirement rule would exacerbate any preexisting of fraudulent training operations, they will result in reduced school bus CMV driver shortage. are encouraged to report the activity to service. FMCSA therefore disagrees with FMCSA Response: FMCSA does not the DOT Office of Inspector General NAPT’s assertion that the rule poses a believe that today’s rule will impose a (OIG). Instructions for reporting fraud, safety risk that disproportionately barrier to entry or exacerbate any waste and abuse are available on the affects children. preexisting CMV driver shortage. As

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discussed in Section 2.4.1 (Number of may exceed the costs per hour for the recent White House guidance Entry-Level CDL Drivers Annually) and delivering theory training, given that addressing the quantification of SC–CO2 Section 2.4.6 (Current Entry-Level one includes the costs of more one-on- benefits states ‘‘Federal agencies will Driver Training Efforts) of the RIA, the one instruction and observation of the continue to use the current SCC rule is estimated to have minimal student operating a CMV on the range estimates in regulatory impact analysis impact on drivers because most of them and road, while the other involves the until further updates can be made to already receive training that meets or costs of theory instruction which may reflect the forthcoming guidance from exceeds the requirements of today’s be provided simultaneously in a the Academies.’’ 22 We note further that rule, and therefore it seems unlikely that classroom setting to multiple students FMCSA opted not to quantify or significant barriers to entry would be or via online training. The Agency does monetize the reduction of other harmful imposed in the CDL driver labor market not believe this fact is relevant to the emissions and criteria pollutants that as a result of the ELDT rule. content of the rule or the estimates of would result from reduced fuel the costs for completing all the training consumption in order to ensure that the FMCSA’s Tuition Estimate necessary to obtain the CDL. aggregate environmental benefits Comment: C.R. England stated that estimated in the RIA are conservatively Non-Safety and Safety Benefits FMCSA underestimated tuition costs low. In the RIA for today’s final rule, an because BTW hours are more costly Comment: An individual commenter expanded and enhanced fuel savings than theory hours, and under the stated that reduced fuel consumption, (and consequently, SC–CO2) sensitivity current baseline, which does not while admirable, is not a safety issue, analysis has been added to better reflect include a Federal minimum hours and that therefore fuel savings should the uncertainty regarding the extent to requirement, the number of BTW hours not be evaluated in the RIA. which driver training may result in fuel in the existing training programs FMCSA Response: FMCSA interprets savings. identified by FMCSA would be fewer this comment not as a challenge to the Additional details can be found in than the minimum of 30 BTW hours for methodology by which fuel savings Section 4.1.1 (Savings from Reduction Class A training. were estimated, but rather more broadly in Fuel Consumption) and Section 4.1.2 FMCSA Response: As explained in to suggest that no RIA should quantify (Monetized CO2 Impacts—Social Cost of Section 3.1.2 (Tuition Costs) of the RIA any ancillary benefits that would arise Carbon Dioxide Emissions) of the RIA. for today’s rule, the Agency concludes from regulation. The commenter is Comment: The NPGA also that it overestimated tuition costs in the correct in that none of the quantified commented on the projected reduction RIA for the NPRM. In the final rule, the benefits (fuel savings, CO2 emissions in CO2 emissions, stating that FMCSA Agency has eliminated the minimum reductions, and maintenance and repair failed to account in the NPRM RIA for hours requirement for Class A and Class cost savings) are primary goals of this the cost or effect of the increase in CMV B BTW training, but retains the rule. However, it is appropriate for the operations and emissions to comply requirement for instructors to determine Agency to quantify each of these with the rule. NGPA’s comment was that entry-level drivers have achieved because they are legitimate benefits made in the context of a broader proficiency in the required BTW skills. resulting from the rule. OMB Circular argument that a purely ‘‘performance- FMCSA disagrees with the commenter’s A–4 encourages agencies to consider based’’ BTW standard (which does not statement that the number of BTW and, if possible, monetize both ancillary include a minimum number of required hours in existing training programs benefits (i.e., favorable impacts of the BTW hours) would not result in these identified by FMCSA would be fewer rule that are typically unrelated or purported costs or effects. than the estimated average 30 hours of secondary to the statutory purpose of FMCSA Response: In the final rule, BTW training for the Class A curricula the rulemaking), and undesirable side the Agency has eliminated the and estimated average 15 hours of BTW effects or countervailing risks (i.e., minimum hours requirement for Class A training for the Class B curricula that adverse consequences of a rule not and Class B BTW training, but retains some entry level drivers will receive as already accounted for in other direct the requirement for instructors to a result of this final rule. As discussed cost estimates of the rulemaking).21 determine that entry-level drivers have in Section 2.4.6 (Current Entry-Level FMCSA’s evaluation of ancillary costs, achieved proficiency in the required Driver Training Efforts) in the RIA, the but not ancillary benefits, would result BTW skills. Nonetheless, FMCSA Class A programs provided by the in an incomplete and inconsistent disagrees with NPGA’s assumption that approximately 865 CDL training accounting of regulatory impacts. FMCSA failed to account for the cost or programs identified by FMCSA mostly Comment: The National Rural Electric effect of an increase in CMV operations consist of programs with substantially Cooperative Association (NRECA) stated and emissions to comply with the rule. more hours of BTW, and more hours of that the social cost of carbon (SC–CO2 Throughout the RIA, FMCSA theory training, than the estimated or SCC) is highly uncertain and its consistently applies the assumption average 30 hours of BTW training for the applicability to benefit-cost analysis is that, in the absence of the rule, those Class A curricula and estimated 60 inappropriate and results in arbitrary entry-level drivers who would continue hours theory in the ELDT rule. analysis. to receive no or minimal BTW training Therefore, if anything, the Agency’s FMCSA Response: FMCSA disagrees would be hired sooner by motor carriers original tuition estimates in the RIA for with these contentions. For a history of and thus begin to drive on the job the NPRM were likely overly the development of the SC–CO2 that sooner. Regardless of whether these conservative in that they would documents the lengths to which the entry-level drivers are driving in the overestimate the cost of tuition given Administration has gone to ensure the employ of motor carriers, or with that both the estimated average 30 hours scientific accuracy and transparency of instructors providing pre-CDL BTW of BTW training for the Class A the preparation of the SC–CO2 guidance, curricula, and the estimated 60 hours of 22 ‘‘Estimating the Benefits from Carbon Dioxide theory training, are less than that 21 Office of Management and Budget. Circular A– Emissions Reductions,’’ Shelanski, H. and Obstfeld, 4. Regulatory Analysis. September 17, 2003. M. The White House, July 2015. Available at generally observed on average. Available at: https://www.whitehouse.gov/sites/ https://www.whitehouse.gov/blog/2015/07/02/ FMCSA acknowledges that the costs default/files/omb/assets/omb/circulars/a004/a- estimating-benefits-carbon-dioxide-emissions- per hour for delivering BTW training 4.pdf (accessed June 21, 2016). reductions (accessed June 21, 2016).

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training, fuel is combusted, CO2 is the Agency presents benefits estimated estimated in the RIA for the NPRM emitted, and vehicle operational costs under alternate benefit scenarios in would not occur as drivers are already are incurred. The Agency therefore which the fuel savings, CO2 emissions required to perform pre-trip, en-route concludes there is no net increase in reductions, and maintenance and repair and post-trip inspections daily to CO2 emissions or vehicle operational cost savings are 50 percent lower (low identify potential equipment failure costs at the societal level resulting from benefits case) and 50 percent greater before an accident occurs. this rule. (high benefits case) than the central Comments: ATA and C.R. England benefits estimates, which are based on Additionally, ATA commented that commented that the studies FMCSA the 5 percent fuel economy the RIA does not estimate the cost of relied on to estimate a 5 percent fuel improvement. Further discussion of the additional maintenance that would be economy improvement are ‘‘irrelevant’’ low and high benefits cases is presented required for the non-safety benefits to be and overstate any fuel economy benefit in the RIA for today’s rule (see achieved. attributable to this rule. sensitivity analyses in Sections 4.1.1 FMCSA Response: The Agency FMCSA Response: The Agency through 4.1.3 of the RIA for today’s excludes this element from the disagrees with the commenters that the rule). estimation and monetization of 5 percent fuel economy improvement is maintenance and repair cost savings incorrect, overstated, based on faulty Impact of Automatic Transmission on attributable to this final rule, but notes premises, or lacking in relevance. In the Potential Fuel Saving in Section 4.1.3 (Maintenance and RIA for the NPRM, FMCSA evaluated Comment: ATA commented that the several studies (see February 2016 RIA, industry is increasingly moving toward Repair Cost Savings) of the RIA for pp. 79–81) that covered a broad range of the use of automatic shift transmissions today’s rule that it may nonetheless fuel economy improvements resulting and that this trend reduces the potential yield some potential additional benefits from a variety of factors impacting fuel savings that may result from ELDT. that are not quantified in the RIA. It is driver behavior. FMCSA understands FMCSA Response: FMCSA irrelevant that these daily inspections that some of those studies used acknowledges that the prevalence of are already performed in the absence of approaches beyond the scope of this automatic transmission-equipped CMVs this rule. The relevant point is that a rulemaking (such as in-cab feedback appears to be on the rise. Although better-informed driver, with greater technologies to provide drivers with training on shifting is expected to understanding of inspection procedures real-time analysis of fuel economy, the produce fuel savings benefits, and of vehicle hardware, can more use of simulators, or the use of incentive particularly for entry-level drivers readily observe and note minor schemes to reward fuel-efficient operating manual transmission- maintenance needs that, if left driving). However, the Agency believes equipped vehicles, the Agency did not undetected, may eventually require these studies have value because they quantify this impact in its analysis. more costly fixes and greater vehicle demonstrate that driver behavior can Instead, the estimated 5 percent fuel downtime. While there is a cost substantially alter fuel consumption. savings attributable to this rule is based associated with attention to solely on the portion of the training Again, in order to be conservative, maintenance needs that would remain related to driving with the flow of FMCSA, in identifying a 5 percent unobserved by some entry-level drivers traffic. A more extensive discussion of reduction in fuel consumption, chose to in the baseline, the Agency considers rely on the value at the lowest end of this issue is presented in Section 4.1.1 (Savings from Reduction in Fuel the benefits of that additional the estimates, which is not predicated maintenance to exceed the on in-cab technologies, incentives, Consumption) of the RIA. corresponding costs. Various sources simulators or other factors that could In addition, FMCSA accounted more support the link between the reasonably be expected to improve fuel broadly for other external factors related economy. to vehicle technology by adjusting identification of the need for preventive In Section 4.1.1 of the RIA (Savings downward the baseline fuel maintenance and—contingent upon the from Reduction in Fuel Consumption), consumption projection to reflect the performance of such maintenance—a the Agency demonstrates that the 5 possible impact of the joint EPA/ reduction in the likelihood and severity percent fuel economy benefit NHTSA Phase 2 Medium- and Heavy- of breakdown and repair costs. These attributable to this final rule is Duty Vehicle Fuel Efficiency and sources are discussed in more detail in 24 conservative, because it is predicated on Greenhouse Gas Standards rule. This Section 4.1.3 (Maintenance and Repair only a few key training concepts, adjustment, discussed in Section 4.1.1 Cost Savings) of the RIA for today’s rule. encompassed in the Class A and Class (Savings from Reduction in Fuel Despite this, the Agency is unable to B curricula, that could reasonably be Consumption) of the RIA, ensures that quantify the magnitude of the net expected to improve fuel economy (e.g., the fuel savings benefits attributable to benefit of the additional identification this final rule does not overlap with speed management, space management of necessary preventive maintenance benefits that would be achieved by other and avoidance of rapid acceleration and resulting from enhanced driver emerging technologies. sudden deceleration). awareness resulting from this final rule, Additionally, due to wide ranges of Maintenance and Repair Cost Savings and therefore, as noted earlier, excludes estimates in studies relevant to the Comment: ATA claims that this element from the estimation and quantified benefits of the rule and the maintenance and repair cost savings monetization of maintenance and repair lack of studies that specifically focus on cost savings attributable to this final the curricula prescribed by this rule,23 24 Environmental Protection Agency (EPA), and rule. Finally, the estimated decrease in U.S. Department of Transportation, National maintenance and repair costs 23 As described in Sections 4.1.1 through 4.1.3 of Highway Traffic Safety Administration (NHTSA). the RIA, the Agency identified a variety of relevant Greenhouse Gas Emissions and Fuel Efficiency attributable to this final rule has been studies related to each of the quantified benefits. Standards for Medium- and Heavy-Duty Engines reduced by approximately 75 percent With particular respect to the estimated fuel and and Vehicle—Phase 2. October 25, 2016. 81 FR relative to the RIA for the NPRM, which CO2 savings, the Agency was unable to identify any 73478–74274. Available at: https://www.gpo.gov/ studies that perfectly align with the curricula of this fdsys/pkg/FR-2016-10-25/pdf/2016-21203.pdf is discussed in more detail in Section rule. (accessed October 26, 2016). 4.1.3 of the RIA for today’s rule.

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Improvements in Safety That Would FMCSA disagrees that the 8.15 percent benefit.’’ ATA concluded that the Occur in the Absence of This Final Rule reduction in the subset of crashes as Agency’s failure to analyze the Comment: C.R. England states that presented in the RIA for NPRM is overly ‘‘performance-based’’ Master Trip Sheet FMCSA did not account for the speed at optimistic. This rule requires only a alternative to BTW training offered by which new technology will result in small change in behavior to have a some ELDTAC members, ‘‘would have improvements in CMV safety. significant impact. prevailed because . . . it produces a FMCSA Response: The Agency FMCSA notes that these numbers more favorable cost benefit analysis.’’ assumed no growth in the absolute have been updated in the RIA for FMCSA Response: ATA provided no number of crashes per year, despite today’s rule and can be found in Section analysis to support their conclusion that projected growth in CMV vehicle miles 4.2 (Safety Benefits). an outcomes-based approach would result in lower costs. Further, based on traveled. By holding this number Crash Reduction Data currently available data and information constant throughout the analysis period Comments: In the NPRM, the Agency for this rule, this implicitly includes as discussed in the RIA, FMCSA has no acknowledged that ‘‘[o]ne of the most basis to believe that such an outcomes- safety benefits that are independent of significant challenges faced by both this rule, such as new CMV safety based approach would, in fact, result in FMCSA and the ELDTAC is the limited lower costs. Nonetheless, in the final technologies. For more information, see qualitative or quantitative data Section 4.2 (Safety Benefits) of the RIA. rule, the Agency has eliminated the correlating the provision of any type of minimum hours requirement for Class A Threshold Analysis ELDT with positive safety outcomes, and Class B BTW training, but retains such as crash reduction.’’ There were Comments: Multiple commenters, the requirement for instructors to numerous comments concerning the including ATA, ODOT, NPGA, and C.R. determine that entry-level drivers have lack of data linking ELDT with crash England, found overly optimistic the achieved proficiency in the required reduction and the corresponding 8.15 percent reduction in crashes, BTW skills. relation to the Agency’s break-even estimated in the RIA for NPRM as analysis. Commenters on this issue H Endorsement Benefits necessary for the costs and benefits of included ATA, C.R. England, the North the rule to be equal. Comment: Schneider National FMCSA Response: FMCSA believes Dakota DOT, Driver Holdings LLC, requested that FMCSA separately NRECA, Delaware DMV, Werner, that commenters incorrectly quantify the benefits of the H Southern Company, Virginia DMV, and characterized the reduction in crashes endorsement training. the Oregon DMV. necessary for the rule to be cost-neutral FMCSA Response: The nature of the FMCSA Response: When it is not likely benefits from the H endorsement as a reduction in the total industry-wide possible to quantify and monetize the number of crashes involving the training is specific to safety. As estimated benefits (or costs) of a rule, explained above, FMCSA lacked operation of trucks and buses. This 8.15 OMB guidance, as set forth in Circular percent reduction does not mean an sufficient empirical data to quantify the A–4, is to perform a threshold or break- safety benefits of the H endorsement 8.15 percent reduction in the total even analysis.27 Other agencies have number of large truck and bus crashes. training; therefore, a threshold analysis conducted threshold analyses in their is appropriate and was performed in Rather, the 8.15 percent reduction is regulatory evaluations of safety training specific to the subset of the most recent Section 4.2 (Safety Benefits) of the RIA. rules (noted in both the RIA for the Furthermore, as noted above, the H year’s crash totals (2013 in the RIA for NPRM, and in the RIA for today’s rule). the NPRM) involving the 14 percent of endorsement training is required by These include rulemakings from FRA, MAP–21. entry-level drivers estimated to receive FTA, USCG, and OSHA. The 8.15 no pre-CDL training in the baseline. percent crash reduction the Agency Training Provider Eligibility and Costs With respect to the magnitude of the estimated in the RIA for the NPRM as Related To Training reduction in the frequency of all crashes necessary for the rule to be cost-neutral Comments: Many current entities that involving large trucks and buses relative is on the low end of the range relative provide in-house entry-level driver to the 8.15 percent reduction noted to other agencies’ rulemakings. The training commented that they would not above from the NPRM, there were an Agency sought data related to the be able to afford to send their entry-level estimated total 3,806 fatal, 86,000 correlation between training and safety drivers to a ‘‘formal’’ CDL training injury, and 299,000 property damage through the ELDTAC and specifically 25 school. Other commenters that provide only (PDO) crashes in 2013. Based on requested such data in the NPRM (81 FR in-house entry-level driver training the annual average number of crash 11959). Detailed discussion of the stated that the burden to become a reductions necessary for the NPRM to Agency’s efforts to obtain correlative ‘‘certified’’ training provider is so great achieve cost-neutrality (11 fatal, 236 data, and the shortcomings of data and that they would not be able to continue injury, and 786 PDO), this equates to the studies that were provided to FMCSA, training entry-level drivers. reduction of only 0.29 percent of fatal, are noted in Section 4.2 (Safety Benefits) FMCSA Response: Any entity 0.27 percent of injury, and 0.26 percent of the RIA for today’s rule. currently providing in-house entry-level of PDO crashes, respectively (relative to Comment: ATA asserted that, in the driver training can continue to offer large truck and bus crash totals for absence of correlative data, FMCSA’s such training under the rule by 26 calendar year 2013). Therefore, use of a threshold analysis to estimate becoming listed on the TPR. the benefits necessary to produce a cost- FMCSA does not believe the final rule 25 U.S. Department of Transportation, Federal neutral rule ‘‘should have led the imposes a heavy burden or cost on Motor Carrier Safety Administration (FMCSA). 2016 agency to pick the alternative that Pocket Guide to Large Truck and Bus Statistics. training providers seeking to be listed Pages 33 and 34. Available at: http://ntl.bts.gov/lib/ would produce the maximum net on the TPR. As discussed above, 59000/59100/59189/2016_Pocket_Guide_to_Large_ FMCSA does not ‘‘certify’’ training Truck_and_Bus_Statistics.pdf (accessed July 1, 27 Office of Management and Budget. Circular A– providers under the final rule, instead 2016). 4. Regulatory Analysis. September 17, 2003. 26 Necessary reductions’ shares of total crashes Available at: https://www.whitehouse.gov/sites/ relying on a self-certification approach calculated as follows: Fatal = 11 ÷ 3,806; Injury = default/files/omb/assets/omb/circulars/a004/a- for training providers who want to be 236 ÷ 86,000; PDO = 786 ÷ 299,000. 4.pdf (accessed June 21, 2016). eligible for listing on the TPR. Training

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provider costs are based on four Applicability below. The provision remains otherwise separate activities: (1) Completing the unchanged. Comments: A number of commenters, initial TPRF, (2) a biennial update to the including the American Pyrotechnics § 380.603 Applicability TPRF, (3) compliance audits, and (4) Association, NRECA, NGWA, NGPA, submission of certification information The Agency makes several clarifying the New England Fuel Institute, the to the TPR. The average cost for and conforming changes to this section, submitting certification information to Associated General Contractors of which explains how ELDT requirements the TPR is estimated at about $7 per America, PMAA, and the IUOE, apply to drivers who intend to operate student,28 and the training provider’s observed that the analysis did not CMVs in intrastate and/or interstate total cost associated with submission address specific industries that fall commerce. certification information to the TPR will outside of the motor carrier industry, First, in § 380.603(a), we add an vary depending on the number of but that nevertheless require drivers to exception: CMV drivers applying for students the provider trains. FMCSA obtain a CDL for ancillary parts of their removal of a restriction in accordance notes that the anticipated costs are jobs. with § 383.135(b)(7) are not subject to greatest in the first year and therefore FMCSA Response: In the RIA for the the training requirements set forth in uses the estimated first year costs as a NPRM, FMCSA estimated the number of today’s rule (§ 380.603(a)(4)). basis for determining the impact per entry-level CDL drivers annually using The meaning of § 380.603(b), which training provider in order to ensure that different methods, and using data from stated that drivers holding a valid CDL costs were conservatively estimated. a variety of sources (including CDLIS, issued before the compliance date of the Based on the information presented in and the SDLAs themselves). These data final rule are not subject to ELDT Section 3.3 (Costs to the Training include all entry-level CDL drivers, requirements, remains essentially as proposed. However, FMCSA deletes the Providers) of the RIA for today’s rule, regardless of the particular occupation term ‘‘valid CDL’’ and adds clarifying we calculate that the average total cost or industry in which they are ultimately language in order to make this provision in the first year for a training provider employed. Therefore, all entry-level explicitly consistent with the scope of that trains only one student would be CDL drivers are fully represented in today’s rule. Accordingly, the approximately $189, and the average FMCSA’s estimate of the number of subsection now states that anyone total cost for a training provider that entry-level drivers annually. For further holding a Class A or Class B CDL, or the trains ten students would be discussion on this topic, see Section passenger (P), school bus (S), or approximately $251. 2.4.1 (Number of Entry-Level CDL Drivers Annually) of the RIA for today’s hazardous materials (H) endorsement, State Costs Related to the Rulemaking rule. issued before the compliance date is not Comments: Some SDLAs and subject to ELDT requirements pertaining IX. Section–By–Section Explanation of to that CDL or endorsement. We also AAMVA commented that the proposed Changes From the NPRM rule would result in implementation delete the words ‘‘except as otherwise costs for the States. These costs would As discussed in the response to specifically provided’’. Section 380.603(c)(1) proposed that be related to revising CDL license comments, the final rule makes the individuals holding a CLP before the processing programs, modification of following changes to the NPRM: compliance date of the final rule are not State driver records, accommodation of Subpart F—Entry-Level Driver Training subject to ELDT requirements if they data transferred from the TPR, an Requirements obtain a CDL within 360 days of additional CDLIS Central Site, as well as obtaining the CLP. In the final rule, the costs associated with ongoing § 380.600 Compliance Date for Agency adds clarifying language to maintenance of effort. The ODOT Training Requirements for Entry-Level specify that individuals who obtain a expected an impact of $1.1 million for Drivers CLP before the compliance date of the modification of State driver-records in This section remains as proposed. final rule are not subject to ELDT the State of Oregon. Compliance is required with this FMCSA Response: FMCSA recognizes requirements if they obtain the subpart three years after the effective underlying CDL and/or endorsement to that there will be costs associated with date of the final rule. CDLIS modifications and other systems- which the CLP applies before the CLP related changes necessary for § 380.601 Purpose and Scope or renewed CLP expires. As noted in the response to comments, the deletion of implementation of the final rule. In the As proposed, this subpart established RIA for the NPRM, FMCSA estimated ‘‘360 days’’ accounts for the fact that training requirements for entry-level individual States address the renewal of that the State implementation costs drivers, minimum curricula contents, would total approximately $500,000 per CLPs differently. Section 380.603(c)(2), and standards for training providers. It which proposed that individuals SDLA. In the RIA for today’s rule, also stated that ELDT, as defined in this FMCSA increases its estimate of the obtaining a CLP after the compliance subpart, applies only to individuals who date of the final rule are subject to ELDT State implementation costs to $1.1 apply for a CDL or CDL upgrade or million per SDLA. For a further requirements, remains as proposed. endorsement and does not otherwise FMCSA adds new subsection discussion of how FMCSA estimated amend substantive requirements in part § 380.603(c)(3). Originally proposed as these costs, see Section 3.4 (Costs to the 383. new § 383.71(a)(4), this requirement State Driver Licensing Agencies) of the In the final rule, FMCSA deletes the stated that, except for individuals RIA for today’s rule. reference to ‘‘standards for training seeking the H endorsement, individuals successfully completing the theory 28 The calculated $7 cost on a per-student basis providers’’, which the Agency is based on the estimated 5 minutes necessary for inadvertently included in this section. portion of the training had to complete a training provider to upload certification (Training provider standards are the BTW portion within 360 days. In the information for an entry-level driver, multiplied by addressed in subpart G, discussed final rule, FMCSA moves this the total hourly compensation as shown in Section requirement to § 380.603(c) and changes 2.3.2 of the RIA for the ‘‘training and development below.) We also make conforming managers’’ occupational category ($7.17 = $86 × (5/ changes to reflect the revised definition ‘‘360 days’’ to ‘‘one year’’. We also 60)). of ‘‘entry-level driver,’’ as discussed clarify that theory and BTW portions of

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the training do not need to be taken in BTW instructor in the final rule. The ‘‘Theory Instructor’’ a particular sequence (as the proposed qualifications are also revised to reflect As proposed, ‘‘theory instructor’’ was language implied), as long as the two comments suggesting that BTW defined as instructors who provide training components are completed instructors should have a minimum of knowledge instruction on the operation within one year. Accordingly, the two years of relevant driving or of a CMV and are either an requirement now states that, except for instructional experience, rather than the ‘‘experienced driver’’ as defined in this individuals obtaining the H one year of experience, as proposed. endorsement, the theory and BTW section or have previously audited or Accordingly, in the final rule, the portions of ELDT must be completed instructed that portion of the theory definition of BTW instructor means an within one year of completing the first training course they intend to instruct. portion. individual providing BTW training FMCSA makes several substantive In the final rule, the Agency deletes involving the actual operation of a CMV changes to this definition, as well as proposed § 380.603(d), which stated on a range or public road who meets one conforming changes to account for the that, except for those persons subject to of the following qualifications: Holds a fact that, as noted above, the definition the proposed refresher training CDL of the same (or higher) class, and of ‘‘experienced driver’’ is not retained requirements, a person who received with all endorsements necessary, to in the final rule. The qualifications for ELDT qualifying him or her to take the operate the CMV for which training is theory instructors are now incorporated skills test for a CDL or endorsement to be provided; has a minimum of two directly into the definition of the term, would not be required to obtain such years of experience driving a CMV just as they are for BTW instructors. training again before reapplying for a requiring a CDL of that class or In the final rule, theory instructors CDL or endorsement. FMCSA believes endorsement; and meets all applicable must hold a CDL of the same (or higher) that the revised definition of ‘‘entry- State requirements for CMV instructors; class, and with all endorsements level driver’’ in § 380.605, discussed or holds a CDL of the same (or higher) necessary, to operate the CMV for which below, makes this provision class, and with all endorsements training is to be provided, and have a unnecessary. necessary, to operate the CMV for which minimum of two years of experience The Agency also deletes proposed training is to be provided; has a driving a CMV requiring a CDL of that § 380.603(e), which required that a CDL minimum of two years of experience as class or endorsement, or at least two holder disqualified from operating a a BTW CMV instructor; and meets all years of experience as a BTW CMV CMV under § 383.51(b)–(e) must applicable State requirements for CMV instructor. The NPRM proposed that complete refresher training as proposed instructors. theory instructors have a minimum of in § 380.625. Because the final rule does In addition, FMCSA adds an one year of CMV driving or instruction not include a refresher training exception to the definition of BTW experience. The two-year level of CMV requirement, this provision is no longer instructor: instructors who provide driving or instructional experience in necessary. BTW training solely on a private range the final rule is thus commensurate with § 380.605 Definitions are not required to currently hold a CDL the revised BTW instructor qualifications described above. The The Agency makes various clarifying of the same or higher class and all endorsements necessary to operate the Agency also adds an exception to this and conforming changes to this section, definition: An instructor is not required as discussed below, but does not add CMV for which training is provided as long as they previously held that class to hold a CDL of the same (or higher) any new definitional terms in the final class and with all endorsements rule. of CDL. As noted in the response to comments, FMCSA makes this change necessary to operate the CMV for which ‘‘Behind-the-Wheel (BTW) Instructor’’ to permit non-CDL holders, such as training is to be provided, as long as the As proposed, the definition of retired CMV drivers, or CMV drivers not instructor previously held a CDL of that ‘‘behind-the-wheel (BTW) instructor’’ medically certified, to provide training class and meets all other qualification required that the instructor be an on a private range. requirements, The Agency makes this change in order to permit retired CMV ‘‘experienced driver’’ as defined in this Finally, FMCSA revises the BTW section and must have completed drivers, who may have many years of training instructor qualification experience operating a CMV but who no training in the public road portion of the requirement pertaining to the curriculum in which they are longer hold a CDL, to provide theory instructor’s CMV driving record. As instruction. instructing, except that BTW instructors proposed in § 380.713(b), during the two FMCSA also adds the following utilized by ‘‘providers that train, or years prior to engaging in BTW provision to the definition of’’ theory expect to train, three or few drivers instruction, instructors must not have annually’’ are not required to comply instructor’’ in the final rule: If an had any CMV-related convictions for the instructor’s CDL has been cancelled, with that requirement. offenses identified in § 383.51(b)–(e) In the final rule’s definition of BTW suspended, or revoked due to any of the and the instructor’s driving record must instructor, we delete the reference to the disqualifying offenses identified in meet applicable Federal and State term ‘‘experienced driver’’ as well as the § 383.51, the instructor is prohibited requirements. reference to providers training three or from engaging in theory instruction for fewer drivers annually because the final In the final rule, if an instructor’s CDL two years following the date his or her rule does not retain the proposed has been cancelled, suspended, or CDL is reinstated following the distinction between large and small revoked due to any of the disqualifying disqualification. As noted above, a training entities. offenses identified in § 383.51, the similar provision is also included in the In addition, the Agency incorporates instructor is prohibited from engaging in definition of ‘‘BTW instructor’’. FMCSA the qualification requirements for BTW BTW instruction for two years following adds the provision to the definition of instructors, proposed as § 380.713(b) the date his or her CDL is reinstated ‘‘theory instructor’’ because we believe (and cross-referenced to the proposed following the disqualification. FMCSA the instructor’s CMV driving record is definition of ‘‘experienced driver’’ in adds this provision to the definition of also a relevant qualification for § 380.605), directly into the definition of ‘‘BTW instructor’’ in the final rule. individuals who provide theory

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instruction in the safe operation of FMCSA believes that the phrase specific examples of potentially CMVs. ‘‘receiving a Class A or Class B CDL for qualifying entities. Accordingly, In addition, as discussed in the the first time’’ is clearer than the term ‘‘training provider’’ is defined as an response to comments, FMCSA deletes ‘‘initial CDL’’, as proposed. This phrase entity listed on the TPR, as required by the proposed qualification standard a is also consistent with the language of subpart G; training providers include, theory instructor must have previously MAP–21, which requires that FMCSA but are not limited to, training schools, audited or instructed that portion of the establish entry-level training educational institutions, rural electric theory training course they intend to requirements addressing the knowledge cooperatives, motor carriers, State/local instruct. and skills that ‘‘must be acquired before governments, school districts, joint labor management programs, owner- ‘‘Experienced Driver’’ obtaining a commercial driver’s license for the first time,’’ 49 U.S.C. operators, and individuals. As noted in As proposed, an ‘‘experienced driver’’ 31305(c)(1)(B). our response to comments on this issue, was defined as a driver who holds a The Agency deletes the reference to these examples are not intended to be a CDL of the same or higher class and ‘‘having a CDL reinstated’’ primarily finite list; the Agency adds them to with all endorsements necessary to because the proposed refresher training illustrate the range of entities that could operate the CMV for which training is requirement is not retained in the final potentially be eligible for listing on the to be provided; has at least one year of rule. In addition, as noted above in the TPR. experience driving a CMV requiring a explanation of changes to § 380.603(a), CDL of the same or higher class and/or § 380.609 General Entry-Level Driver FMCSA adds an exception for Training Requirements the same endorsement or has at least individual drivers applying to have a one year of experience as a BTW CMV restriction removed from their CDL. The As proposed, this section explained instructor; and meets all applicable exception for individuals for whom the that CDL applicants must complete State training requirements for CMV States waive the skills test under training that meets the CDL class and/ instructors. That proposed definition § 383.77 remains as proposed. or endorsement (i.e., Class A, Class B, P, was cross-referenced in proposed S, or H endorsements) they wish to § 380.713, which set forth the theory ‘‘Entry-Level Driver Training’’ obtain from a provider listed on the and BTW instructor qualification FMCSA makes conforming changes to TPR, and that CDL holders disqualified requirements. As described above, the the definition of ‘‘entry-level driver from operating a CMV must receive proposed definition of ‘‘experienced training’’ in the final rule in order to refresher training from a provider listed driver’’ is not retained in the final rule. reflect the revised definition of ‘‘entry- on the TPR. The Agency revises the instructor level driver’’ described above. While the essential meaning of qualification requirements proposed in Accordingly, ELDT means training that § 380.609 remains unchanged in the § 380.713 and incorporates them into an entry-level driver receives from an final rule, the Agency makes various the definitions of ‘‘BTW instructor’’ and entity listed on the TPR prior to taking conforming changes to this section. We ‘‘theory instructor’’ in the final rule. the CDL skills test required to receive a delete the reference to ‘‘refresher Class A or Class B CDL for the first time training,’’ as that proposed requirement ‘‘Behind-the-Wheel (BTW) Range or upgrade to a Class B or a Class A is not retained in the final rule. FMCSA Training’’/’’Behind-the-Wheel (BTW) CDL; taking the CDL skills test required also clarifies that specified ELDT Public Road Training’’ to obtain a P and/or S endorsement for requirements apply to individuals who The definitions of BTW range training the first time; or taking the CDL wish to obtain a Class A or B CDL for and BTW road training remain as knowledge test required to obtain the H the first time and/or a P, S, or H proposed, except that FMCSA changes endorsement for the first time. endorsement for the first time. The the term ‘‘driver-instructor’’ to ‘‘BTW Agency makes these changes to conform instructor’’ in each definition. ‘‘Refresher Training’’ to the revised language in § 380.603 As proposed, ‘‘refresher training’’ was (Applicability), as discussed above. We ‘‘Entry-Level Driver’’ defined as training that a CDL holder make other conforming changes to As proposed, the definition of ‘‘entry- who has been disqualified from reflect the fact that all of the training level driver’’ included a person who operating a CMV must take. For reasons curricula in the final rule are included must complete the CDL skills test explained in FMCSA’s response to in Appendices A–E to part 380 of the requirements under 49 CFR 383.71 prior comments on the proposed refresher final rule and are no longer set forth in to receiving the initial CDL or having a training requirement, we delete this §§ 380.613, 380.615, 380.619, 380.621 CDL reinstated, upgrading to a Class A definition (along with the refresher and 380.623, as proposed. or B CDL, or obtaining the P, S, or H, training curriculum) from the final rule. endorsement. Individuals for whom § 380.611 Driver Training Provider States waive the CDL skills test under ‘‘Training Provider’’ Requirements 49 CFR 383.77 were excepted from the As proposed, ‘‘training provider’’ was As proposed, this section stated that proposed definition. defined as an entity listed on the TPR, training providers seeking to be listed As discussed above, the Agency as required by subpart G. In the NPRM on the TPR must meet the requirements received a number of comments stating preamble, FMCSA noted that training of subpart G, attest that they meet the that the proposed definition was providers could be training schools, requirements of this part, and supply unclear. Accordingly, in the final rule, motor carriers providing ‘‘in-house’’ documentary evidence of their FMCSA revises the definition of ‘‘entry- training to current or prospective compliance with these requirements to level driver’’ as follows: An individual employees, local governments, or school FMCSA or its authorized representative, who must complete the CDL skills test districts. upon request. requirements under § 383.77 prior to In order to clarify that any entity FMCSA deletes this section in the receiving a Class A or Class B CDL for meeting the eligibility requirements set final rule. As proposed, the provision the first time, upgrading to a Class B or forth in subpart G can be a ‘‘training applied directly to training providers; a Class A CDL, or obtaining a P, S, or provider,’’ FMCSA revises the definition we therefore conclude that it does not H, endorsement for the first time. of the term in the final rule by adding belong in subpart F. Additionally, this

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section effectively duplicates trainees that railroads maintain elements for the Class B CDL remain requirements now set forth in ‘‘Emergency Notification Systems’’ to largely as proposed, FMCSA makes §§ 380.703, 380.719, and 380.725 of receive notification of unsafe clarifying and conforming changes, as subpart G, discussed below. conditions, such as a disabled vehicle well as several topic-related additions blocking the track. and deletions, as described below. § 380.613 Class A CDL—Training The Agency deletes several topics Additionally, as discussed in the Curriculum because they are not directly related to response to comments, FMCSA deletes In the final rule, the Class A training the safe operation of a CMV, as required the requirement that driver-trainees curriculum is moved to Appendix A of by MAP–21 (49 U.S.C. 31305(c)(1)(A)). complete a minimum of 15 BTW hours part 380. Although the curriculum In the ‘‘Fatigue and wellness in order to complete that portion of the elements for the Class A CDL remain awareness’’ unit of the theory curriculum. In the introduction to the largely as proposed, FMCSA makes curriculum, the Agency deletes the curriculum, FMCSA adds the clarifying and conforming changes, as following topics: Diet, exercise, personal requirement that training providers well as several topic-related additions hygiene, stress, and lifestyle changes. In must determine that the driver-trainee and deletions, as described below. the final rule, this unit covers the has demonstrated proficiency in all Additionally, as discussed in the consequences of chronic and acute elements of the BTW curriculum, unless response to comments, FMCSA deletes driver fatigue, in addition to wellness otherwise noted. This language is the requirement that driver-trainees and basic health maintenance issues consistent with the NPRM’s designation complete a minimum of 30 BTW hours that affect a driver’s ability to safely of certain elements of the BTW in order to complete that portion of the operate a CMV. In the ‘‘Post-crash curriculum, such as night driving or curriculum. In the introduction to the procedures’’ unit of the theory skid control, as ‘‘discussed during curriculum, FMCSA adds the curriculum, FMCSA deletes the public road training or simulated, but requirement that training providers following topics: Responsibilities for not necessarily performed.’’ The Agency must determine that the driver-trainee assisting injured parties; ‘‘Good also clarifies that training instructors has demonstrated proficiency in all Samaritan’’ laws; a driver’s legal must provide commentary instruction in elements of the BTW curriculum, unless obligations and rights, including rights those elements of the BTW curriculum. otherwise noted. This language is and responsibilities for engaging with FMCSA considers these additions to be consistent with the NPRM’s designation law enforcement personnel; and the clarifying rather than substantive. of certain elements of the BTW importance of learning company policy FMCSA also adds a requirement that curriculum, such as night driving or on post-crash procedures. As previously instructors document the total number skid control, as ‘‘discussed during noted, training providers may address of (clock) hours that each driver-trainee public road training or simulated, but these and other topics as they see fit, but spends in completing all elements of the not necessarily performed.’’ The Agency they are not required curriculum BTW (range and public road) also clarifies that training instructors elements under today’s rule. curriculum. As noted above, the must provide commentary instruction in FMCSA also cross-references the purpose of this requirement is to allow those elements of the BTW curriculum. current FMCSRs (i.e., §§ 392.7 and FMCSA to collect data which will assist FMCSA considers these additions to be 396.11) to the description of pre-trip/ the Agency in assessing the clarifying rather than substantive. post-trip inspections in the theory and effectiveness of ELDT and in monitoring FMCSA also adds a requirement that BTW-range portions of the curriculum. the effectiveness of training providers. instructors document the total number The Agency adds specific examples of Finally, the Agency clarifies that BTW of (clock) hours that each driver-trainee braking systems (i.e., hydraulic, ABS, training may not be conducted by using spends in completing all elements of the air) ‘‘as applicable’’ to the description of a driving simulation device, nor may a BTW (range and public road) the ‘‘Basic operation’’ section of the driver-trainee use a simulation device to curriculum. As noted above, the theory portion. We add ‘‘as applicable’’ demonstrate BTW proficiency. purpose of this requirement is to allow to the description of ‘‘coupling and Additionally, in response to FMCSA to collect data which will assist uncoupling’’ unit in the theory and comments, the Agency adds two safety- the Agency in assessing the BTW (range) portions of the curriculum related topics to the Class B curriculum. effectiveness of ELDT and in monitoring to account for the fact that there are First, ‘‘entering and exiting the the effectiveness of training providers. different types of coupling systems. The interstate or controlled access highway’’ Finally, the Agency clarifies that BTW unit entitled ‘‘Distracted driving,’’ is added to the ‘‘Basic control’’ unit of training may not be conducted by using proposed as part of the ‘‘Advanced the theory curriculum and to the a driving simulation device, nor may a operating practices’’ section of the Class ‘‘Vehicle controls’’ unit of and BTW- driver-trainee use a simulation device to A Theory curriculum, is moved to the public road portion of the curriculum. demonstrate BTW proficiency. ‘‘Safe operating procedures’’ section of In addition, the Agency adds an element Additionally, in response to that curriculum; the unit descriptor to the ‘‘Railroad-highway grade comments, the Agency adds two safety- remains as proposed. crossings’’ unit in the Advanced related topics to the Class A curriculum. Finally, the Agency makes various operating practices’’ section of the First, ‘‘entering and exiting the clarifying and conforming changes to theory curriculum, which requires that interstate or controlled access highway’’ the Class A curriculum in the final rule training providers instruct driver- is added to the ‘‘Basic control’’ unit of in order to improve organizational trainees that railroads maintain the theory curriculum and to the efficiency and consistency between ‘‘Emergency Notification Systems’’ to ‘‘Vehicle controls’’ unit of and BTW- curricula and delete redundancies in receive notification of unsafe public road portion of the curriculum. individual curriculum topics. conditions, such as a disabled vehicle In addition, the Agency adds an element blocking the track. to the ‘‘Railroad-highway grade § 380.615 Class B CDL—Training The Agency deletes several topics crossings’’ unit in the ‘‘Advanced Curriculum because they are not directly related to operating practices’’ section of the In the final rule, the Class B training the safe operation of a CMV, as required theory curriculum, which requires that curriculum is moved to Appendix B of by MAP–21 (49 U.S.C. 31305(c)(1)(A)). training providers instruct driver- part 380. Although the curriculum In the ‘‘Fatigue and wellness

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awareness’’ unit of the theory the P curriculum for consistency with the proposed theory unit entitled curriculum, the Agency deletes the § 383.111. FMCSA also cross-references ‘‘antilock braking systems’’, because following topics: Diet, exercise, personal the current FMCSRs (i.e., §§ 392.7 and ‘‘brake systems’’ are included in the hygiene, stress, and lifestyle changes. In 396.11) to the description of pre-trip/ vehicle orientation unit added to the S the final rule, this unit covers the post-trip inspections in the theory and curriculum in the final rule. The Agency consequences of chronic and acute BTW-range/public road portions of the deletes the ‘‘Night operation’’ unit from driver fatigue, in addition to wellness curriculum. the theory curriculum, because that and basic health maintenance issues In the ‘‘Post-crash procedures’’ unit of topic, which is not unique to the that affect a driver’s ability to safely the P endorsement theory curriculum, operation of a school bus, is addressed operate a CMV. In the ‘‘Post-crash FMCSA deletes the following topics: in the Class A and B core curricula. procedures’’ unit of the theory Responsibilities for assisting injured § 380.623 Hazardous Materials curriculum, FMCSA deletes the parties; ‘‘Good Samaritan’’ laws; a Endorsement Curriculum following topics: Responsibilities for driver’s legal obligations and rights, assisting injured parties; ‘‘Good including rights and responsibilities for In the final rule, the hazardous Samaritan’’ laws; a driver’s legal engaging with law enforcement materials (H) endorsement curriculum is obligations and rights, including rights personnel; and the importance of moved to appendix E of part 380. The and responsibilities for engaging with learning company policy on post-crash H curriculum remains essentially as law enforcement personnel; and the procedures. As noted above, the Agency proposed. importance of learning company policy removes these topics from the § 380.625 Refresher Training on post-crash procedures. As previously curriculum because they are not directly Curriculum noted, training providers may address related to the safe operation of a CMV, these and other topics as they see fit, but as required by MAP–21. In addition, As proposed, the refresher training they are not required curriculum FMCSA deletes paragraph (4) from the curriculum set forth the training elements under today’s rule. ‘‘Baggage and/or cargo management’’ requirements that CDL holders who are FMCSA also cross-references the units of the theory and BTW-range and disqualified from operating a CMV must current FMCSRs (i.e., §§ 392.7 and public road portions of the curriculum, complete before their CDL can be 396.11) to the description of pre-trip/ which identifies various prohibited reinstated. As explained above, the final post-trip inspections in the theory and items and materials; in the final rule, rule does not include any requirements BTW-range portions of the curriculum. that topic is now covered in revised related to refresher training. The Agency adds specific examples of paragraph (2) of each unit. Accordingly, FMCSA deletes the braking systems (i.e., hydraulic, ABS, FMCSA also makes clarifying and refresher training curriculum in the air) ‘‘as applicable’’ to the description of conforming changes to the P curriculum final rule. the ‘‘Basic operation’’ section in the in the final rule in order to improve Subpart G—Registry of Entry-Level theory portion. The unit entitled organizational efficiency and Driver Training Providers ‘‘Distracted driving’’, proposed as part consistency between curricula and of the ‘‘Advanced operating practices’’ delete redundancies in individual § 380.700 Scope section of the Class B theory curriculum topics. As proposed, this section stated that curriculum, is moved to the ‘‘Safe § 380.621 School Bus Endorsement subpart G establishes eligibility operating procedures’’ section of that Training Curriculum requirements for listing on the TPR, and curriculum; the unit descriptor remains that drivers seeking ELDT may use only as proposed. In the final rule, the school bus (S) providers listed on the TPR to comply Finally, FMCSA makes various endorsement curriculum is moved to with this part. In the final rule, FMCSA clarifying and conforming changes to Appendix D of part 380. The S clarifies that, in order to provide ELDT the Class B curriculum in the final rule curriculum remains largely as proposed. in compliance with this part, providers in order to improve organizational FMCSA adds language to the must be listed on the TPR. The Agency efficiency and consistency between introduction to the curriculum deletes the reference to the driver’s need curricula and delete redundancies in clarifying that the training instructor to obtain ELDT only from providers individual curriculum topics. must determine that the driver-trainee listed on the TPR, as that obligation is has demonstrated proficiency in all referenced in § 380.609. § 380.619 Passenger Endorsement elements of the BTW curriculum. Training Curriculum FMCSA also adds a requirement that § 380.703 Requirements for the In the final rule, the passenger (P) instructors document the total number Training Provider Registry endorsement curriculum is moved to of (clock) hours that each driver-trainee As proposed, this section set forth the Appendix C of part 380. The P spends in completing the BTW requirements a training provider must curriculum remains largely as proposed. curriculum. The Agency also cross- meet in order to be eligible for initial FMCSA adds language to the references the current FMCSRs (i.e., listing on the TPR. It remains essentially introduction to the curriculum §§ 392.7 and 396.11) in the description as proposed. clarifying that the training instructor of pre-trip/post-trip inspections in the FMCSA makes several conforming must determine that the driver-trainee theory and BTW-range/public road changes to reflect that, in the final rule, has demonstrated proficiency in all portions of the curriculum. the ELDT curricula are set forth in elements of the BTW curriculum. FMCSA adds a ‘‘vehicle orientation’’ Appendices A–E and that refresher FMCSA also adds a requirement that unit to the theory portion of the S training requirements are not included instructors document the total number curriculum, which covers the basic in the final rule. We also change the of (clock) hours that each driver-trainees physical and operational characteristics name of the registration document from spends in completing the BTW of a school bus. This addition is made ‘‘Entry-Level Driver Training curriculum, for the reasons previously to provide consistency with the theory Identification Report’’, as proposed, to noted. The Agency adds ‘‘drawbridges’’ portions of the Class A and B and the ‘‘Training Provider Registration Form’’, to the ‘‘Railroad-highway grade P curricula, each of which contains a in the final rule. Further, FMCSA crossings’’ topic in the theory portion of vehicle orientation unit. FMCSA deletes clarifies that training providers must

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complete the form online and stated that separate training providers laws. The Agency deletes the electronically transmit it through the may deliver the theory and BTW requirements pertaining to range TPR Web site. portions of the curricula. instruction because they are duplicative. FMCSA adds new § 380.703(a)(5)(i), FMCSA makes several changes to this In the final rule, the range-related requiring that training providers be section in the final rule. The Agency requirements proposed in § 380.709 are licensed, certified, registered, or makes conforming changes to reflect addressed in the introductions to the authorized to provide training in that the final rule does not include a Class A, Class B, P, and S curricula in accordance with the applicable laws refresher training curriculum and that Appendices A–D and in the definition and regulations of any State where in- different requirements are not imposed of ‘‘range’’ in § 380.605. person training is provided. This on providers training three or fewer provision, proposed as § 380.719(a)(4), trainees annually, as proposed. In § 380.711 Equipment is moved to § 380.703 because it is a § 380.707(a), the Agency clarifies that As proposed, this section required threshold eligibility requirement; the accepted BTW applicants must certify that all vehicles used in BTW must be wording of this provision remains as that they will comply with DOT in safe mechanical condition and that proposed, except for the clarifying regulations, as well as State and local vehicles used in BTW-public road addition of ‘‘in-person’’. The Agency laws, pertaining to alcohol and training comply with applicable Federal also adds new § 380.703(a)(5)(ii), which controlled substances testing, age, and State safety requirements. In states that State qualification medical certification, licensing and addition, training vehicles must be in requirements otherwise applicable to driving record. As proposed, the the same class (A or B) and type (bus or theory instruction do not apply to requirement could be interpreted to truck) that driver-trainees intend to providers who offer instruction only mean that training providers are operate for their CDL skills test. online. As discussed in the response to responsible for driver-trainees’ In the final rule, FMCSA deletes the comments, this exception is necessary compliance with these requirements, provision requiring that all vehicles to account for the fact that, because which was not FMCSA’s intention. used for BTW-range training be in safe online training can be delivered FMCSA also adds a requirement that mechanical condition. The Agency virtually anywhere, online providers training providers verify that accepted believes that the requirement that cannot reasonably be expected to BTW applicants hold valid CLPs/CDLs, vehicles used for BTW training comply comply with multiple (and possibly as applicable, in order to ensure that with applicable Federal and State safety conflicting) State requirements. driver-trainees operating CMVs on a requirements, now in § 380.711(a), However, as noted above in the public road are licensed to do so. adequately addresses the issue of discussion of the revised definition of FMCSA clarifies in § 380.707(c) that, training vehicle safety. In addition, we ‘‘theory instructor’’ in § 380.605, online while separate providers may provide delete the parenthetical references to providers must ensure that the training theory and BTW training, both the range ‘‘(A or B)’’ and ‘‘(bus or truck)’’ in content is delivered and/or prepared by and public road portions of BTW response to a comment that Group C theory instructors meeting the training must be provided by the same vehicles, which may be used in BTW definition. training entity, as noted in the response Finally, the Agency deletes the to comments. FMCSA adds a training for the P and/or S endorsement, reference to the creation and requirement that training providers are not used in Class A or B CDL maintenance of driver-trainee records of offering online training must ensure that training and may be neither a bus nor completion and/or withdrawal, as the content is prepared by a theory a truck. proposed in § 380.703(a)(7). The Agency instructor as defined in § 380.605. § 380.713 Driver-Instructor will have access to the pertinent Finally, FMCSA deletes the provisions, Qualification Requirements information through the providers’ proposed as § 380.707(b) and (c), transmission of ELDT certification requiring that BTW and theory As proposed, this section required information for each driver-trainee instruction include all elements set that training providers utilize theory completing their training program. forth in the applicable curricula because and BTW instructors meeting the specified definitions in § 380.605. § 380.707 Entry-Level Training those requirements are already imposed on training providers in § 380.703(a)(1). Additionally, this section required Provider Requirements training providers to utilize BTW As proposed, this section set forth the § 380.709 Facilities instructors whose driving record meets requirements applicable to ELDT As proposed, this section required applicable State and Federal providers. It mandated that providers that a training provider’s classroom and/ requirements and who, in the two years require that all accepted applicants for or range facilities comply with all prior to engaging in BTW instruction, BTW public road training meet Federal, applicable Federal, State, and/or local have not had any CMV-related State and/or local laws pertaining to laws. Additionally, training providers convictions for the offenses identified in drug screening, controlled substances offering BTW-range training must have § 385.51(b)–(e). testing, age, medical certification, an instructor on site to demonstrate FMCSA significantly revises § 380.713 licensing and driving record. This applicable skills and correct in the final rule, as noted above in the section also required that training deficiencies of individual students; and explanation of changes made to providers cover all required elements of the range must be free of obstructions, § 380.605. The specific qualification the BTW (range and public road) and enable the driver to maneuver safely requirements pertaining to theory and theory curricula, as applicable. As and free from interference from other BTW instructors are now addressed proposed, providers training more than vehicles and hazards, and have directly in the definitions of those three driver-trainees annually must adequate sight lines. terms. Accordingly, in the final rule, provide training materials to each In the final rule, FMCSA retains, as this section simply requires that training trainee addressing the applicable proposed, the requirement that a providers utilize ‘‘theory instructors’’ curricula; providers training three or training provider’s classroom and/or and ‘‘BTW instructors’’ meeting the fewer trainees annually were not subject range facilities comply with all definition of those terms as set forth in to this requirement. This section also applicable Federal, State, and/or local § 380.605.

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§ 380.715 Assessments certificates to the TPR by the close of training providers meet applicable State As proposed, this section required the next business day after the laws and regulations in each State that driver-trainees successfully individual’s completion of the training. where training is provided, proposed as complete a course of instruction It also set forth the specific information § 380.719(a)(4), is in § 380.703(5)(i) of meeting the ELDT curriculum elements to be included in the training the final rule. The Agency moves the requirements. Training providers must certification, such as the driver-trainee’s provision to § 380.703 because it is a use assessments (in written or electronic name, CLP/CDL number and State of threshold eligibility requirement for format) to demonstrate the trainee’s licensure, the type of training completed listing on the TPR. the training provider’s name and unique proficiency in the knowledge objectives § 380.721 Removal From Training TPR identification number, and the date set forth in the applicable theory Provider Registry: Factors Considered of training completion. curriculum; trainees must achieve an In the final rule, § 380.717 remains As proposed, this section established overall score of 80 percent or higher on largely as proposed. In response to the factors that FMCSA may consider the theory assessment. Training comments, FMCSA extends the time when removing a training provider from providers are required to assess a driver- period for electronically transmitting the TPR. All training certificates issued trainee’s proficiency on the driving the ELDT certification information to after the training provider is removed range in accordance with the applicable the TPR to midnight of the second from the TPR will be considered curriculum, as well as a trainee’s business day following the individual’s invalid. proficiency in BTW driving skills on a completion of the training. As noted In the final rule, this section remains public road in the class (A or B) and above, FMCSA adds the total number of essentially as proposed. FMCSA makes type (bus or truck) of vehicle the trainee (clock) hours spent to complete BTW clarifying changes to § 380.721(a)(5), will operate for the CDL skills test. training, as applicable, to the required deleting the reference to ‘‘the SDLA CDL In the final rule, § 380.715 remains certification information. We also add exam passage rate.’’ In the final rule, the largely as proposed. FMCSA makes the trainee’s driver’s license number as regulatory text refers to the CDL skills conforming changes to reflect that the a potential data element to account for test passage rate for applicants for the ELDT theory and BTW curricula are the fact that trainees who are not CDL Class A CDL, Class B CDL, P now in Appendices A–E of part 380 and holders and who complete the theory endorsement, and/or S endorsement and are no longer set forth in §§ 380.613, curricula before obtaining BTW training the SDLA knowledge test passage rate 380.615, 380.619, 380.621 and 380.623, may not have a CLP number at that for applicants for the H endorsement. In as proposed. FMCSA deletes the point. The Agency also requires that response to comments, the Agency also requirement that driver-trainees must training providers electronically deletes ‘‘abnormally low’’ from this complete a course of instruction transmit the ELDT data elements to the provision in order to clarify that we do meeting the applicable ELDT TPR, rather than uploading a training not intend to establish a minimum requirements, because that provision is certificate, as proposed. required CDL test passage rate. FMCSA set forth in § 380.609.The Agency will assess the passage rate information clarifies that training providers must § 380.719 Requirements for Continued in the context of State norms. Finally, document their assessment of a driver- Listing on the Training Provider the Agency makes a clarifying change to trainee’s proficiency in the BTW skills, Registry the proposed language stating that all as required in Appendices A–D, as well As proposed, this section identified training certificates issued after the date as the total number of (clock) hours each the specific obligations imposed on a provider is removed from the TPR will driver-trainee spends in completing training providers as a condition of be considered invalid. In the final rule, BTW (range and public road) training, continued listing on the TPR. The the provision states that any training but the proficiency documentation requirements include: Meeting the conducted after the removal date is requirement in § 380.715(b) of the final applicable requirements of this subpart; invalid. rule is now combined for all BTW skills providing biennial updates to the Entry- (range and public road). Separate Level Driver Training Provider § 380.723 Removal From Training documentation for range and public Identification Report; reporting to Provider Registry: Procedure road skills, as proposed in § 380.715(b) FMCSA specified changes in key As proposed, this section set forth the and (c), is therefore no longer required. information within 30 days; being procedures for voluntary and FMCSA does not require any specific licensed, certified, registered or involuntary removal of a training means or method of documentation of authorized to provide training in each provider from the TPR. This section BTW proficiency or the number of hours State where training is provided, as addresses FMCSA’s initiation of the spent in completing the BTW applicable, and maintaining related involuntary removal process, the curriculum. documentation; allowing FMCSA or its training provider’s right to respond to Finally, FMCSA deletes the proposed authorized representative to conduct an the notice and undertake corrective requirement that BTW skills assessment audit or investigation of the training action, the provider’s right to oppose must occur in ‘‘a vehicle class (A or B) provider; and ensuring that all required FMCSA’s notice of proposed removal, and type (bus or truck) that the driver- documentation is provided within 48 the provider’s right to request trainee will operate for the CDL skills hours of receiving a request for administrative review of an involuntary test,’’ for the reason noted above in the documentation from FMCSA or its removal, procedures for FMCSA’s explanation of changes to § 380.711. We authorized representative. emergency removal of a provider from also note that all of the BTW curricula In the final rule, this section remains the TPR, and the process by which a in today’s rule require that the training largely as proposed. The Agency provider may apply for reinstatement to occur in a representative vehicle for the clarifies that biennial updates to the the TPR following voluntary or CDL class or endorsement. Training Provider Registration Form, as involuntary removal. well as any reports of changes in key In the final rule, FMCSA makes § 380.717 Training Certification information, must be transmitted several changes to the procedures As proposed, this section required electronically through the TPR Web site. related to a training provider’s that training providers upload ELDT As noted above, the requirement that involuntary removal from the TPR, as

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set forth in § 380.723(b). First, in order trainee ratio and number of training § 383.71 Driver Application to ensure that training providers to vehicles; and the names of driver- Procedures whom FMCSA issues a notice of trainees who complete or withdraw § 383.71(a)(3) proposed removal have adequate from the instruction and who passed/ opportunity to implement corrective failed the theory or BTW assessment, As proposed, new § 383.71(a)(3) actions, the Agency deletes the proposed as § 380.725(b)(5). FMCSA required that, as of the compliance date of the final rule, a person must complete proposed language stating that training will instead capture the relevant the training prescribed in subpart F of conducted after issuance of the notice is information on the Training Provider part 380 of this chapter prior to taking non-compliant until FMCSA withdraws Registration Form (TPRF), so the the notice. FMCSA also adds a the skills test for a Class A CDL, Class provider does not need to retain that provision to this subsection stating that B CDL, a P or S endorsement, or the information separately. In addition, the the Agency will note on the TPR Web knowledge test for the H endorsement. site whenever a training provider listed Agency makes conforming changes to The training must be administered by a on the TPR is issued a notice of § 380.725(b)(1) to require the retention training provider listed on the TPR. proposed removal, as further means of of self-certifications by driver-trainee In the final rule, this conforming informing prospective students of the BTW applicants, who must attest that change remains largely as proposed. status of that provider. If FMCSA they will comply with U.S. Department FMCSA adds language to this provision withdraws the notice, the notation will of Transportation regulations in parts to clarify that the required training must also be removed from that provider’s 40, 382, 383, and 391, as well as State be completed prior to taking the skills listing on the TPR Web site. and local laws, related to alcohol and test for the Class A CDL or Class B CDL In § 380.723(c)(1)(iii), the Agency controlled substances testing, age, for the first time, or the skills test for a adds a sentence stating that any training medical certification, licensing, and P or S endorsement for the first time, or conducted after the date a provider is driving records, as required in the knowledge test for the H removed from the TPR is invalid. This § 380.707(a). endorsement for the first time (emphasis provision was proposed and is retained added). As noted above, this language is FMCSA adds the following record as part of § 380.721; it is included here consistent with MAP–21’s requirement for clarity and consistency. Otherwise, retention requirements: the TPRF, that training standards be established § 380.723 remains as proposed. copies of a driver-trainee’s CLP/CDL (as for individuals obtaining a CDL ‘‘for the applicable), and records of ELDT first time’’. § 380.725 Documentation and Record assessments as described in § 380.715. Retention FMCSA believes these revised § 383.71(a)(4) Section 380.725 sets forth the requirements capture the information As proposed, new § 383.71(a)(4) documentation and record retention essential for the Agency to perform a provided that, except for driver-trainees requirements that apply to training meaningful audit or investigation of a seeking the H endorsement, driver- providers eligible for listing on the TPR. training provider’s operations. The trainees completing the theory portion As proposed, providers must retain their three-year record retention requirement of the training must complete the skills policy containing requirements for in § 380.725(c) remains as proposed. portion within 360 days. driver-trainee applicants related to As discussed above, FMCSA deletes controlled substances testing, medical Part 383—Commercial Driver’s License this requirement from § 383.71, as certification, licensing, and driving Standards; Requirements and Penalties proposed, makes clarifying changes to records; specified instructor this requirement, and moves it to qualification documentation (e.g., In the proposed rule, FMCSA revised § 380.603(c) of the final rule. The copies of CDL/endorsements); the the authority citation for part 383 and provision now requires that trainees amount of time generally allocated to made various conforming changes. The complete both portions of the required theory and BTW training, as applicable; proposed rule did not make any ELDT within one year of completing the the instructor-trainee ratio for each substantive changes to the existing first portion of the training. portion of the curriculum; the number requirements in part 383. FMCSA of vehicles used in training and a discusses below only the proposed § 383.71(b)(11) description of lesson plans for theory conforming changes to part 383 which As proposed, new § 383.71(b)(11) and BTW, as applicable; and the names were notably revised in the final rule. required that, as of the compliance date of all driver-trainees who completed or All other conforming changes to part of the final rule, a person must complete withdrew from instruction and who 383 remain essentially as proposed. the training prescribed in subpart F of passed/failed the training provider’s part 380 of this chapter prior to taking assessment of theory and BTW training, § 383.51 Disqualification of Drivers the skills test for an initial Class A CDL, as applicable. In addition, training In the proposed rule, new subsection Class B CDL, or a P or S endorsement, providers must generally retain these or the knowledge test for the H (a)(8), stated that CDL holders records or documentation for a endorsement. The training must be disqualified as a result of convictions of minimum of three years from the date administered by a training provider offenses under § 383.51(b) through (e) the document was generated or listed on the TPR. received. must not be fully reinstated until In the final rule, this conforming In order to consolidate and clarify the completing the refresher training change remains largely as proposed. As record keeping requirements imposed curriculum. noted above in the discussion of on training providers, FMCSA makes As discussed above, the final rule conforming changes to § 383.71(a)(3), several changes to § 380.725 in the final does not include any refresher training FMCSA adds language to this provision rule. The Agency deletes the proposed requirements. Accordingly, FMCSA to clarify that the required training must retention requirements for the amount deletes this proposed conforming be completed prior to taking the skills of time generally allocated to theory and amendment to § 383.51 from the final test for the Class A CDL or Class B CDL BTW training, proposed as rule. for the first time, or the skills test for a § 380.725(b)(3); the instructor-driver- P or S endorsement for the first time, or

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the knowledge test for the H that the applicant completed the § 383.95 Restrictions endorsement for the first time. training prescribed in subpart F of part As proposed, new § 383.95(h) 380 of this chapter from a training § 383.71(e)(5) provided that the State would reinstate provider listed on the TPR. the CDL for a CDL holder disqualified As proposed, new § 383.71(e)(5) In the final rule, FMCSA clarifies that from operating a CMV under required that a person must complete the State must verify electronically the § 383.51(b)–(e) solely for the limited the training prescribed in subpart F of purpose of completing the refresher part 380 of this chapter prior to taking applicant’s completion of the required training curriculum. The State may not the skills test for upgrading to a CDL ELDT. As discussed in the response to restore full CMV driving privileges until from one class to another, or upgrading comments, the Agency makes this receiving notification that the driver a CDL with a P or S endorsement, or change in order to clarify that the State completed the refresher training taking the knowledge test for the H may not accept paper training certificates from either the applicant or curriculum. endorsement issued on a CDL. The As discussed above, the final rule training must be administered by a the training provider as evidence that the applicant has completed the does not include any refresher training training provider listed on the TPR. requirements as proposed. Accordingly, In the final rule, this conforming required training. In addition, for the FMCSA deletes this proposed change remains largely as proposed. As reasons noted above in the discussion of subsection from the final rule. noted above in the discussion of § 383.73(b)(3)(ii), FMCSA deletes the conforming changes to §§ 383.71(a)(3) requirement that the State determine § 383.153 Information on the CLP and and 383.71(b)(11), FMCSA adds that the required ELDT was obtained CDL Documents and Applications from a training provider on the TPR. language to this provision to clarify that As proposed, § 383.153(a)(10) was the required training must be completed This subsection otherwise remains as proposed. amended to add (ix), a new restriction prior to taking the skills test for (R) for refresher training only. upgrading to a Class A or Class B CDL, § 383.73(e)(8) Because the final rule does not adding a P or S endorsement to a CDL include any refresher training the first time, or taking the knowledge As proposed, new § 383.73(e)(8) requirements as proposed, FMCSA test for the H endorsement for the first provided that, beginning on the deletes this proposed addition to time. compliance date of the final rule, the § 383.153(a)(10) from the final rule. § 383.73 State Procedures State must require a person with a CDL upgrading from one class of CDL to Part 384—State Compliance With § 383.73(b)(3)(ii) another or upgrading a CDL with an H, Commercial Driver’s License Program As proposed, this section would be P, or S endorsement, to complete the In the proposed rule, FMCSA revised amended to add, in § 383.73(b)(3)(ii), a training prescribed in subpart F of part the authority citation for part 384 and requirement that the State check with 380 of this chapter from a training made various conforming changes. The CDLIS to determine, if the CDL was provider listed on the TPR. proposed rule did not make any issued on or after the compliance date In the final rule, FMCSA makes substantive changes to the existing of the final rule, whether an applicant several clarifying changes to this requirements in part 384. FMCSA for a Class A or Class B CDL or a CDL subsection. First, the Agency specifies discusses below only the proposed conforming changes to part 384 which with a P, S, or H endorsement has that the requirement applies to upgrades were revised in the final rule. All other completed the training required by to either a Class A or Class B CDL, or conforming changes to part 384 remain subpart F of this subchapter from a the addition of a P, S, or H endorsement. essentially as proposed. training provider listed on the TPR. Additionally, for the reasons noted In the final rule, FMCSA deletes the above in the discussion of § 384.230 Entry-Level Driver requirement that the State determine §§ 383.73(b)(3)(ii) and 383.73(b)(10), Certification that the required ELDT was obtained FMCSA deletes the requirement that the from a training provider on the TPR. As As proposed, new § 384.230(a) State determine that the required ELDT discussed in the response to comments, required a State, beginning on the was obtained from a training provider the Agency will not be transmitting a compliance date of the final rule, to on the TPR. training certificate to the State through follow the procedures prescribed in CDLIS, as proposed in the NPRM. § 383.73(p) § 383.73 for verifying that a person Instead, data elements containing the received training from a provider listed relevant training certification Finally, the Agency adds new (p) to on the TPR before issuing an initial information will be added to the driver’s § 383.73 to require that, after the Class A or Class B CDL, a CDL with an record through CDLIS. Accordingly, the compliance date of the final rule, the H, P, or S endorsement, upgrading a State is not obligated to confirm that the State must notify FMCSA in the event CDL from one class to another, or applicant received training from a that a training provider in the State does upgrading a CDL with an H, P, or S provider listed on the TPR; FMCSA will not meet applicable State requirements endorsement. In addition, under verify that before transmitting the data for CMV instruction. As discussed in proposed § 384.230(b), States would be elements to the driver’s record. This the response to comments, this change permitted to issue a CDL to individuals subsection otherwise remains as is necessary since FMCSA has no means who obtain an initial CLP before the proposed. of independently determining whether a compliance date of the final rule who training provider complies with have not complied with the ELDT § 383.73(b)(10) applicable State requirements for CMV requirements in subpart F of part 380, As proposed, new § 383.73(b)(10) instruction. If the training provider is so long as they obtain the CDL within provided that, beginning on the listed on the TPR, failure to meet State 360 days after obtaining the initial CLP. compliance date of the final rule, the requirements could result in that Finally, under proposed § 384.230(c), a State must not conduct a skills test for provider’s removal from the TPR. This State may not issue a CDL to individuals a Class A or Class B CDL, or a P or S subsection otherwise remains as who obtain a CLP on or after the endorsement, until the State verifies proposed. compliance date of the final rule unless

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they comply with the ELDT New Subpart G of Part 380 significant regulatory action under 29 requirements in subpart F of part 380. This new subpart establishes the Executive Order (E.O.) 12866, In the final rule, FMCSA makes minimum qualifications for an entity to Regulatory Planning and Review, as several clarifying changes to 30 be eligible for listing on the FMCSA supplemented by E.O. 13563. It also is § 384.230(a) and (b). In § 384.230(a), we TPR. The TPR will be an online portal significant under Department of add specific references to administered by FMCSA allowing Transportation regulatory policies and § 383.73(b)(3)(ii), (b)(10), and (e)(8) in training providers to register. Training procedures because the economic costs order to clarify the ELDT completion providers will also transmit driver- and benefits of the rule exceed the $100 verification procedures a State is trainee training certifications to FMCSA million annual threshold and because of required to follow and make the substantial Congressional and public corresponding conforming changes to electronically through the TPR. The TPR allows drivers seeking training to find interest concerning the lack of Federal the regulatory text. In § 384.230(b), the entry-level driver training requirements. Agency makes a conforming change to an eligible provider who meets their needs. A Regulatory Impact Analysis (RIA) is clarify that a State may issue a CDL to available in the docket. That document: individuals who obtain a CLP before the Part 383 • Identifies the problem targeted by compliance date of the final rule who this rulemaking, including a statement have not complied with the ELDT § 383.71 Driver Application of the need for the action. requirements in subpart F of part 380, Procedures • so long as they obtain a CDL before the FMCSA adds new paragraphs—(a)(3), Defines the scope and parameters of CLP or renewed CLP expires. Section (b)(11), and (e)(3) through (5)—regarding the analysis. 384.230(c) remains as proposed. the completion of the training • Defines the baseline. § 384.235 Entry-Level Driver Training prescribed in part 380, subpart F, before • Defines and evaluates the costs and Provider Notification a Class A or B CDL, a passenger, school benefits of the action. bus, or hazardous materials • Compares the costs and benefits. FMCSA adds new § 384.235 to endorsement for the first time, or an • mandate that the State must meet the upgrade to a Class A or Class B CDL is Interprets the cost and benefit entry-level driver training notification issued. results. requirement of § 383.73(p). The RIA is the synthesis of research § 383.73 State Procedures X. Section-by-Section conducted specific to current entry-level FMCSA adds new paragraphs (b)(10), driver training practices, industry Part 380 (e)(8), and (p) and revised paragraph discussions from the ELDTAC, and Subpart E of Part 380 (b)(3)(ii) to prohibit a State from issuing research conducted on the costs and a Class A or B CDL, or a CDL with a benefits of the entry-level driver training Subpart E would be retitled as hazardous materials, passenger, or provisions of this final rule. ‘‘Subpart E—Entry-Level Driver school bus endorsement for the first Training Requirements Before February Entry-level drivers, motor carriers, time, or an upgrade to a CDL, unless the training providers, SDLAs, and the 7, 2020.’’ On the compliance date of the SDLA has received electronic ELDT final rule, this subpart would be Federal Government would incur costs certification information. removed and reserved and replaced by for compliance and implementation. new subparts F and G. Part 384 The costs of the final rule include tuition expenses, the opportunity cost of New Subpart F of Part 380 FMCSA adds new §§ 384.230 and time while in training, compliance audit This new subpart establishes the 384.235. Additionally, the Agency adds costs, and costs associated with the requirements for entry-level drivers, a new paragraph (j) to § 384.301. implementation and monitoring of the minimum curriculum content, and XI. Regulatory Analyses TPR. As shown in Table 1, FMCSA standards for training providers. The estimates that the 10-year cost of the entry-level driver training requirements A. E.O. 12866 (Regulatory Planning and final rule would total $3.66 billion on that would replace those in current Review and DOT Regulatory Policies an undiscounted basis, $3.23 billion subpart E would be titled ‘‘Subpart F— and Procedures as Supplemented by discounted at 3 percent, and $2.76 Entry-Level Driver Training E.O. 13563) billion discounted at 7 percent (all in Requirements On and After February 7, FMCSA has determined that this 2014 dollars). Values in Table 1 are 2020.’’ rulemaking is an economically rounded to the nearest million.

TABLE 1—TOTAL COST OF THE FINAL RULE [In millions of 2014$]

Undiscounted Discounted Year Entry-level Motor Training Federal Discounted Discounted a drivers carriers providers SDLAs government Total at 3% at 7%

2020 ...... $324 $20 $9 $56 $6 $415 $415 $415 2021 ...... 326 20 6 0 1 353 343 330 2022 ...... 328 20 7 0 1 356 336 311 2023 ...... 330 20 6 0 1 357 327 291 2024 ...... 331 20 7 0 1 359 319 274 2025 ...... 333 20 6 0 1 360 311 257

29 Executive Order 12866 of September 30, 1993. 30 Executive Order 13563 of January 18, 2011. Regulatory Planning and Review. 58 FR 51735– Improving Regulation and Regulatory Review. 76 FR 51744 (October 4, 1993). 3821–3823 (January 21, 2011).

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TABLE 1—TOTAL COST OF THE FINAL RULE—Continued [In millions of 2014$]

Undiscounted Discounted Year Entry-level Motor Training Federal Discounted Discounted a drivers carriers providers SDLAs government Total at 3% at 7%

2026 ...... 335 20 7 0 1 363 304 242 2027 ...... 337 20 6 0 1 364 296 227 2028 ...... 339 21 7 0 1 368 291 214 2029 ...... 341 21 6 0 1 369 283 201

Total ...... 3,324 202 67 56 15 3,664 3,225 2,762

Annualized ...... 366 367 368 Notes: a Total cost 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).

The costs of this final rule specifically environment. FMCSA estimated benefits these fuel efficient driving practices will attributable to the S endorsement in two broad categories: Safety benefits not contribute to measurably longer trip training requirement were also and non-safety benefits. Training related times. evaluated separately in the RIA. This to the performance of complex tasks Safer driving will reduce maintenance was done because MAP–21 mandates may improve performance; in the and repair costs. Table 2 below presents training for entry-level drivers who wish context of the training required by this the directly quantifiable benefits that to obtain a CDL, or a P endorsement, or final rule, improvement in task FMCSA projects will result from this an H endorsement, but is silent with performance constitutes adoption of final rule (all in 2014 dollars, values respect to the S endorsement. Inclusion safer driving practices that the Agency rounded to the nearest million). Due to of the S endorsement training believes will reduce the frequency and wide ranges of estimates in studies requirement increases the total cost of severity of crashes, thereby resulting in the rule by only approximately 0.82 relevant to the quantified benefits of the safer roadways for all. The training rule and the lack of studies that percent. On an annualized basis at a 7 related to fuel efficient driving practices percent discount rate, this equates to an specifically focus on the curricula that will be taught under the ‘speed 31 increase in the total cost of the rule from prescribed by this rule, the Agency management’ and ‘space management’ $365 million to $368 million (this can presents benefits estimated under sections of the curriculum reduce fuel be seen in Section 3 of the RIA). Details alternate benefit scenarios in Table 3 of these comparative analyses of the consumption and consequently lower and Table 4. These alternate scenarios costs of the rule and the reasons for this environmental impacts associated with are derived from the low and high relatively small change in costs carbon dioxide emissions. As discussed benefit cases (see sensitivity analyses in resulting from the inclusion of the S in Section 4.1.1 of the RIA for today’s Sections 4.1.1 through 4.1.3 of the RIA) endorsement training requirement are rule, FMCSA does not believe that the in which the fuel savings, CO2 presented in Section 3 of the RIA. The training in fuel efficient driving emissions reductions, and maintenance costs presented in Table 1 include this practices addressed by this rule will and repair cost savings are 50 percent small additional incremental cost contribute to measurably longer trip lower (low benefits case) and 50 percent associated with the S endorsement times, as the curricula focus on factors greater (high benefits case) than the training requirement as part of the total such as maintaining safe distances central estimates that the Agency relied costs of the final rule. between vehicles and avoiding hard on in developing the values presented This final rule will result in benefits acceleration and braking, rather than in Table 2. Further discussion of the low to CMV operators, the transportation reducing vehicle speed. The Agency and high benefits cases is reserved to industry, the traveling public, and the therefore assumes in its analysis that the RIA for the final rule.

TABLE 2—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE [Central case, in millions of 2014$]

Undiscounted Discounted Year Value of fuel Value of CO Maintenance Discounted Discounted 2 and repair Total b savings a reduction cost savings at 3% at 7%

2020 ...... $89 $15 $13 $117 $117 $117 2021 ...... 151 26 22 198 192 186 2022 ...... 186 31 26 243 229 214 2023 ...... 190 32 27 248 227 206 2024 ...... 194 32 27 253 225 197 2025 ...... 197 33 27 257 222 188

31 As described in Sections 4.1.1 through 4.1.3, particular respect to the estimated fuel and CO2 studies that perfectly align with the curricula of this the Agency identified a variety of relevant studies savings the Agency was unable to identify any rule. related to each of the quantified benefits. With

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TABLE 2—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE—Continued [Central case, in millions of 2014$]

Undiscounted Discounted Maintenance Year Value of fuel Value of CO Discounted Discounted 2 and repair Total b a at 3% at 7% savings reduction cost savings

2026 ...... 202 34 28 263 220 181 2027 ...... 205 34 28 266 217 172 2028 ...... 207 35 28 270 214 165 2029 ...... 211 35 28 274 210 157

Total ...... 1,830 306 253 2,389 2,073 1,783

Annualized ...... 239 236 237 Notes: a The monetized benefits associated with reduced CO2 emissions are discounted at the 3% rate in both the ‘‘discounted at 3%’’ and ‘‘dis- counted at 7%’’ columns in this table. 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 DOT 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).

TABLE 3—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE [Low benefits case, in millions of 2014$]

Undiscounted Discounted Maintenance Year Value of fuel Value of CO Discounted Discounted 2 and repair Total b a at 3% at 7% savings reduction cost savings

2020 ...... $44 $8 $6 $58 $58 $58 2021 ...... 75 13 11 99 96 93 2022 ...... 93 16 13 121 114 107 2023 ...... 95 16 13 124 114 103 2024 ...... 97 16 13 127 112 99 2025 ...... 99 17 14 129 111 94 2026 ...... 101 17 14 131 110 90 2027 ...... 102 17 14 133 108 86 2028 ...... 104 17 14 135 107 82 2029 ...... 106 17 14 137 105 78

Total ...... 915 153 127 1,195 1,036 891

Annualized ...... 119 118 119 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 in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guid- ance on monetizing CO2 reductions, and is consistent with past DOT 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).

TABLE 4—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE [High benefits case, in millions of 2014$]

Undiscounted Discounted Year Maintenance Value of fuel Value of CO2 b Discounted Discounted a and repair Total savings reduction cost savings at 3% at 7%

2020 ...... $133 $23 $19 $175 $175 $175 2021 ...... 226 38 32 295 287 278 2022 ...... 278 47 38 363 343 321 2023 ...... 285 48 39 371 340 308 2024 ...... 291 49 40 379 337 295 2025 ...... 296 50 40 385 332 282 2026 ...... 302 50 41 393 329 271 2027 ...... 307 51 41 399 324 258 2028 ...... 311 52 41 405 320 246 2029 ...... 316 52 42 410 314 235

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TABLE 4—TOTAL QUANTIFIABLE BENEFITS OF THE FINAL RULE—Continued [High benefits case, in millions of 2014$]

Undiscounted Discounted Year Maintenance Value of fuel Value of CO2 b Discounted Discounted a and repair Total savings reduction cost savings at 3% at 7%

Total ...... 2,745 459 372 3,576 3,100 2,668

Annualized ...... 358 353 355 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 in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guid- ance on monetizing CO2 reductions, and is consistent with past DOT 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).

While FMCSA believes that this final TABLE 5—NET COST OF THE FINAL involving those entry-level drivers who rule will at a minimum achieve cost- RULE (CENTRAL CASE), ABSENT will receive additional pre-CDL training neutrality, the net of quantified costs QUANTIFIABLE SAFETY BENEFITS— as a result of this final rule during the and benefits (presented in Table 5 Continued period for which the benefits of training below) results in an annualized net cost are estimated to remain intact) is of $131 million at a 7 percent discount [In millions of 2014$] necessary to offset the $142 million rate. This estimate is based only on 3% 7% (annualized at 7 percent) net cost of this quantifiable costs and benefits (central Year Discount Discount final rule. Note that under the low and case) attributable to this rule. Safety rate rate high benefits cases presented in Table 3 benefits are assessed separately via a and Table 4, the net cost of this final threshold analysis discussed in detail in 2029 ...... 73 44 rule ranges from $13 million to $250 Section 4.2 of the RIA. million (annualized at 7 percent), Total ...... 1,152 979 suggesting the improvement in safety TABLE 5—NET COST OF THE FINAL Annualized ...... 131 131 performance necessary to offset the RULE (CENTRAL CASE), ABSENT rule’s costs may be as low as 0.36 QUANTIFIABLE SAFETY BENEFITS In the absence of a clear link between percent and as high as 6.89 percent (see [In millions of 2014$] training and safety, FMCSA followed Section 4.2 of the RIA for the final rule the guidance of the Office of for further detail). 3% 7% Management and Budget (OMB) in its Table 6 below presents the projected Year Discount Discount Circular A–4 to perform a threshold number of crash reductions involving rate rate analysis to determine the degree of entry-level drivers that must occur in safety benefits that will need to occur as each of the 10 years following this final 2020 ...... $298 $298 a consequence of this final rule in order rule’s implementation and in the 2021 ...... 151 144 for the rule to achieve cost-neutrality.32 aggregate, in order to offset the net cost 2022 ...... 107 97 2023 ...... 100 85 As presented and discussed in detail in ($131 million annualized at 7 33 2024 ...... 94 77 Section 4.2 of the RIA, the central percent). To be clear, it is the sum of 2025 ...... 89 69 estimate of this analysis is that a 3.61 the monetized value of all columns of 2026 ...... 84 61 percent improvement in safety Table 6—not the sum of the monetized 2027 ...... 79 55 performance (that is, a 3.61 percent value of any individual column—that 2028 ...... 77 49 reduction in the frequency of crashes results in cost-neutrality.

32 Office of Management and Budget. Circular A– reduction in the frequency of all crashes involving rule to achieve cost-neutrality (shown in the second 4. Regulatory Analysis. September 17, 2003. large trucks and buses that the annual average crash row from the bottom of Table 6), this equates to a Available at: https://www.whitehouse.gov/sites/ reductions presented in Table 6 represent, the reduction of only 0.14% of fatal, 0.11% of injury, default/files/omb/assets/omb/circulars/a004/a- Agency notes that there were an estimated total and 0.11% of PDO crashes, respectively (relative to 4.pdf (accessed July 25, 2016). 3,649 fatal, 93,000 injury, and 379,000 PDO crashes calendar year 2014). These percentage reductions in 2014 (see U.S. Department of Transportation, 33 Some commenters to the RIA that was are calculated as follows: Fatal = 5 ÷ 3,649; Injury Federal Motor Carrier Safety Administration = 102 ÷ 93,000; PDO = 432 ÷ 379,000. It should be performed for the NPRM for this rule incorrectly (FMCSA), 2016 Pocket Guide to Large Truck and interpreted the breakeven percentage reduction in Bus Statistics, May 2016, pages 33 and 34, available re-emphasized, however, that this view of the data crashes estimated here as being relative to all CMV at: http://ntl.bts.gov/lib/59000/59100/59189/2016_ taken by some of the commenters is incorrect, and crashes industry-wide, rather than being relative to Pocket_Guide_to_Large_Truck_and_Bus_ that the breakeven percentage reduction in crashes only to the much smaller sub-set of crashes Statistics.pdf (accessed July 1, 2016)). Therefore, estimated here is relative to only the much smaller involving entry-level drivers that are affected by the viewed in this manner, based on the annual average sub-set of crashes involving entry-level drivers that rule. Note that with respect to the magnitude of the number of crash reductions necessary for this final are affected by the rule.

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TABLE 6—CRASH REDUCTIONS INVOLVING ENTRY-LEVEL DRIVERS, BY TYPE, NECESSARY TO ACHIEVE COST-NEUTRALITY [For the Central Case]

Number of Number of Number of property Year fatal crashes injury damage only crashes (PDO) crashes

2020 ...... 3 59 251 2021 ...... 5 98 418 2022 ...... 6 118 502 2023 ...... 6 118 502 2024 ...... 6 118 502 2025 ...... 6 118 502 2026 ...... 6 118 502 2027 ...... 6 118 502 2028 ...... 6 118 502 2029 ...... 6 118 502

Annual Average a ...... 5 110 468

Total b ...... 53 1,102 4,682 Notes: a Rounded to the nearest whole number. b The individual values shown may not sum to the totals shown due to rounding.

B. Regulatory Flexibility Act in any of the potentially affected D. Unfunded Mandates Reform Act of 1995 The Regulatory Flexibility Act of industries. Therefore, I certify that this 1980, Public Law 96–354, 94 Stat. 1164 rule will not have a significant The Unfunded Mandates Reform Act (5 U.S.C. 601–612), as amended by the economic impact on a substantial of 1995 (2 U.S.C. 1531–1538) requires Small Business Regulatory Enforcement number of small entities. Federal agencies to assess the effects of Fairness Act of 1996 (Pub. L. 104–121, C. Assistance for Small Entities their discretionary regulatory actions. In 110 Stat. 857, March 29, 1996) and the particular, the Act addresses actions Small Business Jobs Act of 2010 (Pub. In accordance with section 213(a) of that may result in the expenditure by a L. 111–240, 124 Stat. 2504, September the Small Business Regulatory State, local, or tribal government, in the 27, 2010), requires Federal agencies to Enforcement Fairness Act of 1996, aggregate, or by the private sector of consider the effects of the regulatory FMCSA wants to assist small entities in $155 million (which is the value action on small business and other understanding this final rule so that equivalent of $100,000,000 in 1995, small entities and to minimize any they can better evaluate its effects on adjusted for inflation to 2013 levels) or significant economic impact. The term themselves and participate in the more in any one year. This rulemaking ‘‘small entities’’ comprises small rulemaking initiative. If the final rule would result in private sector expenditures in excess of the $155 businesses and not-for-profit will affect your small business, million threshold. Gross costs, however, organizations that are independently organization, or governmental are expected to be offset by fuel, carbon owned and operated and are not jurisdiction and you have questions dioxide, and maintenance and repair dominant in their fields, and concerning its provisions or options for governmental jurisdictions with savings, making this final rule cost- compliance; please consult the FMCSA neutral based on reduced instances of populations of less than 50,000. point of contact, Richard Clemente, Additionally, DOT policy requires an crashes, as further discussed in the listed in the FOR FURTHER INFORMATION threshold-based analysis described in analysis of the impact of all regulations CONTACT section of this final rule. on small entities, and mandates that the RIA. agencies strive to lessen any adverse Small businesses may send comments A written statement under the effects on these businesses. on the actions of Federal employees Unfunded Mandates Reform Act is not required for regulations that incorporate Accordingly, FMCSA prepared an who enforce or otherwise determine requirements specifically set forth in Initial Regulatory Flexibility Analysis compliance with Federal regulations to law (2 U.S.C. 1531). MAP–21 mandated (IRFA) for the NPRM and a Final the Small Business Administration’s that FMCSA issue regulations to Regulatory Flexibility Analysis (FRFA) Small Business and Agriculture establish minimum entry-level training for the Final Rule. This rule will affect Regulatory Enforcement Ombudsman requirements for all first-time CDL all entities that choose to become and the Regional Small Business applicants, CDL holders seeking a training providers. As shown in the Regulatory Fairness Boards. The Ombudsman evaluates these actions license upgrade from one class of CDL FRFA (see Section 5 of the RIA), to another, and applicants for the FMCSA estimated that approximately annually and rates each agency’s responsiveness to small business. If you passenger (P) or hazardous materials (H) 4.6 million small entities could employ endorsements.34 Accordingly, because entry-level drivers, but that only 22,000 wish to comment on actions by entities will register with FMCSA to employees of FMCSA, call 1–888–REG– 34 As explained above and discussed in the RIA, become training providers. The impact FAIR (1–888–734–3247). DOT has a mandatory school bus (S) endorsement training is on those entities that choose to become policy regarding the rights of small also included in the final rule. While not training providers will be less than $500 entities to regulatory enforcement specifically mandated by MAP–21, the Agency believes the inclusion of an S endorsement in the first year of the analysis, which fairness and an explicit policy against curriculum is entirely consistent with MAP–21’s is less than 1% of revenue for entities retaliation for exercising these rights. Continued

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this rule implements the direction of initial TPRF. Training providers must responsibilities among the various Congress in mandating ELDT, a written also submit an updated TPRF for each levels of government. FMCSA has statement under the Unfunded training location to the TPR every two analyzed this rule in accordance with Mandates Reform Act is not required. years. In addition, training providers E.O. 13132 and has determined that it must electronically submit training E. Paperwork Reduction Act does not have federalism implications. certification information to the TPR for The key concept here is ‘‘substantial These amended regulations require each individual who completes entry- training providers to obtain, collect, direct effects on the States.’’ Sec. 3(b) of level driver training. the Federalism Order provides that maintain, and in some cases transmit, Need for Information: The Agency ‘‘[n]ational action limiting the information about their facilities, must be able to assess the qualifications policymaking discretion of the States curricula, and the individuals who of training providers in order to list shall be taken only where there is complete entry-level driver training. In them on the TPR, and the identity of constitutional and statutory authority accordance with the Paperwork training locations is needed for FMCSA for the action and the national activity Reduction Act of 1995 (the PRA) (44 to be able to visit the sites to verify U.S.C. 3501–3520), FMCSA has compliance. Finally, information about is appropriate in light of the presence of analyzed the need for these information- individuals who complete ELDT is a problem of national significance.’’ The collection (IC) activities and how the needed so the Agency can inform rule amends the current entry-level information will be managed. On March SDLAs that CDL applicants completed driver training requirements in 49 CFR 7, 2016, the Agency provided a the required training. part 380, as required by the MAP–21 preliminary estimate of the time burden Proposed Use of Information: The amendment to 49 U.S.C. 31305, the that would be imposed on training Agency will monitor training providers training section of the CDL statute. The providers under the proposed rules and to ensure that they conduct training in CDL program does not have preemptive asked for public comment (81 FR accordance with these rules. Monitoring effect. It is voluntary; States may 11967). No comments were received. will include on-site audits of the withdraw at any time, although doing so The compliance date for the amended operations of training providers. will result in the loss of certain Federal training rules is three years after the Further, the Agency will monitor the aid highway funds pursuant to 49 U.S.C. effective date of this final rule. For the safety performance of drivers who 31314. Because this rule makes next three years, the Agency’s current complete entry-level training in order to conforming, and not substantive, regulations pertaining to the training of assess the efficacy of the training changes to the requirements already entry-level drivers (49 CFR Subpart E) required by the amended regulations. imposed on participating States, will remain in place. OMB approves Description of the Respondents: FMCSA has determined that it does not information-collection activities for a Training providers. have substantial direct effects on the maximum period of 3 years. Thus, the Number of Respondents: 20,510. States, on the relationship between the Agency’s estimate of IC burden must be Frequency of Response: Training Federal and State governments, or on based upon the current regulations. That providers must initially register each the distribution of power and burden was approved by OMB on training location with the TPR by responsibilities among the various December 23, 2015, after public notice submitting an initial TPRF. Training levels of government. and comment (80 FR 53385). The providers must also submit an updated Nonetheless, FMCSA recognizes that, Agency at this time does not amend that TPRF for each training location to the as a practical matter, this rule may have approved estimate: 66,250 hours. TPR every two years. Finally, on an some impact on the States. Accordingly, Formal OMB approval of the IC irregular basis, training providers must the Agency sought advice from the collection to be conducted under the electronically submit training National Governors Association (NGA), amended rules must be obtained before certification information to the TPR for the National Conference of State the compliance date of those rules. each individual who completes entry- legislatures (NCSL), the American Therefore, in approximately two years, level driver training. the Agency will submit its estimate of Association of Motor Vehicle Burden of Response: Over the first Administrators (AAMVA), and the the burden of the amended rules to three years of the new rules, the Agency OMB for approval and provide notice National Association of Publicly estimates that training providers will Funded Truck Driving Schools and an opportunity for public comment require 20,405 hours annually to register on the estimate. (NAPFTDS) on the topic of entry-level their training locations with FMCSA. driver training, by letters to each Preliminary Estimate Training providers will also require organization, dated July 6, 2015. (Copies 38,625 hours annually to electronically FMCSA offers the following of these letters are available in the submit training certification information docket for this rulemaking.) FMCSA preliminary estimate of the IC burden it to the TPR for each individual who foresees the amended training rules will offered NGA, NCSL, AAMVA, and completes entry-level driver training. NAPFTDS officials the opportunity to impose on the compliance date three Preliminary Estimate of the Total meet and discuss issues of concern to years hence. Annual Burden of the Revised Rules on the States. It should also be noted that Summary of the Collection of the Compliance Date (three years from Information: Training providers must AAMVA and NAPFTDS were members this date): 59,030 hours (20,405 + register each training location with the of the ELDTAC, whose consensus 38,625). TPR by electronically submitting an recommendations formed the basis of F. Executive Order 13132 (Federalism) the NPRM. State and local governments recognition of the importance of ELDT in the A rule has implications for were also able to raise Federalism issues operation of passenger-carrying CMVs. FMCSA during the NPRM comment period. notes that the S endorsement training requirement Federalism under Section 1(a) of increases the cost of the final rule by a negligible Executive Order 13132 if it has Furthermore, FMCSA sent follow-up amount (approximately 0.82%), due primarily to ‘‘substantial direct effects on the States, letters to NGA, NCSL, AAMVA, and the fact that about 95% of entry-level school bus on the relationship between the national NAPFTDS on March 18, 2016, notifying drivers currently receive training that is at least equal to the minimum standard established in government and the States, or on the them that the NPRM had been today’s rule. distribution of power and published.

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G. Executive Order 12988 (Civil Justice contemplated in the rule, and any N. National Technology Transfer and Reform) information known about the systems or Advancement Act (Technical This final rule meets applicable existing systems to be implemented in Standards) standards in sections 3(a) and 3(b)(2) of support of the final rulemaking. While The National Technology Transfer E.O. 12988, Civil Justice Reform, to a PIA for the Entry Level Driver and Advancement Act (NTTAA) (15 minimize litigation, eliminates Training NPRM was not required, due to U.S.C. 272 note) directs agencies to use ambiguity, and reduce burden. changes in the rulemaking and voluntary consensus standards in their associated business processes during the regulatory activities unless the agency H. Executive Order 13045 (Protection of final rule stage, this effort will now Children) provides Congress, through OMB, with require the publication of a PIA. FMCSA an explanation of why using these E.O. 13045, Protection of Children will not be directly collecting standards would be inconsistent with from Environmental Health Risks and information from individuals, but the applicable law or otherwise impractical. Safety Risks (62 FR 19885, Apr. 23, agency will be storing and using PII Voluntary consensus standards (e.g., 1997), requires agencies issuing collected by the training providers about specifications of materials, performance, ‘‘economically significant’’ rules, if the individuals that received training at the design, or operation; test methods; regulation also concerns an facilities. sampling procedures; and related environmental health or safety risk that As required by the Privacy Act, management systems practices) are an agency has reason to believe may FMCSA and the Department will standards that are developed or adopted disproportionately affect children, to publish, with request for comment, a by voluntary consensus standards include an evaluation of the regulation’s system of records notice (SORN) that bodies. This rule does not use technical environmental health and safety effects will describe FMCSA’s maintenance standards. Therefore, FMCSA did not on children. Although FMCSA has and electronic transmission of consider the use of voluntary consensus determined that this in an economically information affected by this final rule standards. significant rule, the Agency concludes, and covered by the Privacy Act. This If you disagree with our analysis of as noted in the response to comments, SORN will be developed to reflect the the voluntary consensus standards or that this regulatory action does not new storage and electronic transmission are aware of voluntary consensus present ‘‘environmental health risks and of information and published in the standards that might apply but are not safety risks,’’ as that term is defined in Federal Register not less than 30 days listed here, please send a comment to E.O. 13045, which could before the Agency is authorized to the docket using one of the methods disproportionately affect children. collect or use PII retrieved by unique under ADDRESSES. In your comment, I. Executive Order 12630 (Taking of identifier. please explain why you disagree with Private Property) our analysis and/or identify voluntary K. Executive Order 12372 consensus standards FMCSA has not FMCSA reviewed this final rule in (Intergovernmental Review) accordance with E.O. 12630, listed that might apply. Governmental Actions and Interference The regulations implementing E.O. O. Environment (NEPA, CAA, E.O. with Constitutionally Protected Property 12372 regarding intergovernmental 12898 Environmental Justice) Rights, and has determined it will not consultation on Federal programs and effect a taking of private property or activities do not apply to this program. The National Environmental Policy otherwise have taking implications. Act of 1969 (NEPA) (42 U.S.C. 4321 et L. Executive Order 13211 (Energy seq.) requires Federal agencies to J. Privacy Supply, Distribution, or Use) integrate environmental values into FMCSA conducted a privacy impact their decision-making processes by FMCSA has analyzed this final rule assessment (PIA) of this rule as required requiring Federal agencies to consider under E.O. 13211, Actions Concerning by section 522(a)(5) of division H of the the potential environmental impacts of Regulations That Significantly Affect FY 2005 Omnibus Appropriations Act, their actions. In accordance with NEPA, Energy Supply, Distribution, or Use. Public Law 108–447, 118 Stat. 3268 FMCSA’s NEPA Order 5610.1 (NEPA (Dec. 8, 2004). The assessment The Agency has determined that it is Implementing Procedures and Policy for considered impacts of the final rule on not a ‘‘significant energy action’’ under Considering Environmental Impacts), the privacy of information in an that order because it is not a ‘‘significant and other applicable requirements, identifiable form and related matters. regulatory action’’ likely to have a FMCSA prepared an Environmental The final rule will impact the handling significant adverse effect on the supply, Assessment (EA) to review the potential of personally identifiable information distribution, or use of energy. Therefore, impacts of the rule. Because the (PII). FMCSA has evaluated the risks it does not require a Statement of Energy implementation of this action would and effects the rulemaking might have Effects under E.O. 13211. only impose new training standards for on collecting, storing, and sharing PII M. Executive Order 13175 (Indian Tribal certain individuals applying for their and has evaluated protections and Governments) CDL, an upgrade of their CDL, or alternative information handling hazardous materials, passenger, or processes in developing the final rule in This rule does not have tribal school bus endorsement for their order to mitigate potential privacy risks. implications under E.O. 13175, license, FMCSA has tentatively found For the purposes of both transparency Consultation and Coordination with that noise, endangered species, cultural and efficiency, the privacy analysis Indian Tribal Governments, because it resources protected under the National conforms to the DOT standard Privacy does not have a substantial direct effect Historic Preservation Act, wetlands, and Impact Assessment (PIA) and will be on one or more Indian tribes, on the resources protected under Section 4(f) of published on the DOT Web site, http:// relationship between the Federal the Department of Transportation Act of www.transportation.gov/privacy, Government and Indian tribes, or on the 1966, 49 U.S.C. 303, as amended by concurrently with the publication of the distribution of power and Public Law 109–59, would not be rule. The PIA addresses the rulemaking, responsibilities between the Federal impacted. The impact areas that may be associated business processes Government and Indian tribes. affected and will be evaluated in this EA

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include air quality, hazardous materials 49 CFR Part 383 (1) Drivers excepted from the CDL transportation, solid waste, and public Administrative practice and requirements under § 383.3(c), (d), and safety. But the impact area of focus for procedure, Alcohol abuse, Drug abuse, (h) of this chapter; the EA will be air quality. Specifically, Highway safety, Motor carriers. (2) Drivers applying for a restricted as outlined in the RIA for this CDL under § 383.3(e) through (g) of this rulemaking, FMCSA anticipates that an 49 CFR Part 384 chapter; increase in driver training to result in Administrative practice and (3) Veterans with military CMV improved fuel economy based on procedure, Alcohol abuse, Drug abuse, experience who meet all the changes to driver behavior, such as Highway safety, Motor carriers. requirements and conditions of § 383.77 smoother acceleration and braking For the reasons set forth in the of this chapter; and practices. Such improved fuel economy preamble, FMCSA amends 49 CFR parts (4) Drivers applying for a removal of is anticipated to result in lower air 380, 383, and 384 as follows: a restriction in accordance with emissions and improved air quality for § 383.135(b)(7). gases including carbon dioxide. FMCSA PART 380—SPECIAL TRAINING (b) Drivers who hold a valid Class A expects that all negative impacts, if any, REQUIREMENTS or Class B CDL, or a passenger (P), will be negligible. However, we expect school bus (S), or hazardous materials the overall environmental impacts of ■ 1. The authority citation for part 380 (H) endorsement, issued before February this action to be beneficial. The EA will is revised to read as follows: 7, 2020, are not required to comply with be available for inspection or copying in Authority: 49 U.S.C. 31133, 31136, 31305, this subpart pertaining to that CDL or the Regulations.gov Web site listed 31307, 31308, and 31502; sec. 4007(a) and (b) endorsement. under ADDRESSES. of Pub. L. 102–240 (105 Stat. 2151–2152); (c)(1) Individuals who obtain a CLP FMCSA also analyzed this final rule sec. 32304 of Pub. L. 112–141; and 49 CFR before February 7, 2020, are not under the Clean Air Act, as amended 1.87. required to comply with this subpart if (CAA), section 176(c) (42 U.S.C. 7401 et they obtain a CDL before the CLP or seq.), and regulations promulgated by Subpart E—Entry-Level Driver Training renewed CLP expires. the Environmental Protection Agency Requirements Before February 7, 2020 (2) Individuals who obtain a CLP on (40 CFR part 93, subpart B). Under the ■ or after February 7, 2020, are required 2. Revise subpart E to read as set forth to comply with this subpart. General Conformity Rule, a conformity above. determination is required where a (3) Except for individuals seeking the ■ 3. Add subpart F to read as follows: Federal action would result in total H endorsement, individuals must complete the theory and BTW (range direct and indirect emissions of a Subpart F—Entry-Level Driver Training and public road) portions of entry-level criteria pollutant or precursor Requirements On and After February 7, driver training within one year of originating in nonattainment or 2020 maintenance areas equaling or completing the first portion. Sec. exceeding the rates specified in 40 CFR § 380.605 Definitions. 93.153(b)(1) and (2). As noted in the 380.600 Compliance date for training (a) The definitions in parts 383 and NEPA discussion above, however, requirements for entry-level drivers. 384 of this subchapter apply to this FMCSA expects a net decrease in air 380.601 Purpose and scope. 380.603 Applicability. subpart, except as stated below. emissions as a result of this final rule. 380.605 Definitions. (b) As used in this subpart: Consequently, approval of this action is 380.609 General entry-level driver training Behind-the-wheel (BTW) instructor exempt from the CAA’s General requirements. means an individual who provides BTW Conformity Requirement since it does training involving the actual operation not affect direct or indirect emissions of § 380.600 Compliance date for training requirements for entry-level drivers. of a CMV by an entry-level driver on a criteria pollutants. range or a public road and meets one of Under E.O. 12898, each Federal Compliance with the provisions of these qualifications: agency must identify and address, as this subpart is required on or after February 7, 2020. (i) Holds a CDL of the same (or higher) appropriate, ‘‘disproportionately high class and with all endorsements and adverse human health or § 380.601 Purpose and scope. necessary to operate the CMV for which environmental effects of its programs, training is to be provided and has at policies, and activities on minority This subpart establishes training requirements for entry-level drivers, as least two years of experience driving a populations and low-income CMV requiring a CDL of the same or populations’’ in the United States, its defined in this subpart, and minimum content for theory and Behind-the- higher class and/or the same possessions, and territories. FMCSA endorsement and meets all applicable evaluated the environmental justice Wheel (BTW) training curricula. Entry- level driver training, as defined in this State qualification requirements for effects of this rule in accordance with CMV instructors; or the Executive Order, and has subpart, applies only to those individuals who apply for a commercial (ii) Holds a CDL of the same (or determined that no environmental higher) class and with all endorsements justice issue is associated with this rule, driver’s license (CDL) or a CDL upgrade or endorsement and does not otherwise necessary to operate the CMV for which nor is there any collective training is to be provided and has at environmental impact that would result amend substantive CDL requirements in part 383 of this chapter. least two years of experience as a BTW from its promulgation. CMV instructor and meets all applicable List of Subjects § 380.603 Applicability. State qualification requirements for (a) The rules in this subpart apply to CMV instructors. 49 CFR Part 380 all entry-level drivers, as defined in this Exception: A BTW instructor who Administrative practice and subpart, who intend to drive CMVs as provides training solely on a range procedure, Highway safety, Motor defined in § 383.5 of this chapter in which is not a public road is not carriers, Reporting and recordkeeping interstate and/or intrastate commerce, required to hold a CDL of the same (or requirements. except: higher) class and with all endorsements

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necessary to operate the CMV for which interference from other vehicles and or who upgrades to a Class A or B CDL, training is to be provided, as long as the hazards, and has adequate sight lines. must complete driver training from a instructor previously held a CDL of the Theory instruction means knowledge provider listed on the Training Provider same (or higher) class and with all instruction on the operation of a CMV Registry (TPR), as set forth in subpart G. endorsements necessary to operate the and related matters provided by a theory (b) An individual seeking to obtain a CMV for which training is to be instructor through lectures, passenger (P), school bus (S), or provided, and complies with the other demonstrations, audio-visual hazardous materials (H) endorsement requirements set forth in paragraphs (1), presentations, computer-based for the first time, must complete the (2), or (3) of this definition. instruction, driving simulation devices, training related to that endorsement (iii) If an instructor’s CDL has been online training, or similar means. from a training provider listed on the cancelled, suspended, or revoked due to Theory instructor means an TPR, as set forth in subpart G. any of the disqualifying offenses individual who provides knowledge ■ 5. Subpart G is added to read as identified in § 383.51, the instructor is instruction on the operation of a CMV follows: prohibited from engaging in BTW and meets one of these qualifications: instruction for two years following the (i) Holds a CDL of the same (or higher) Subpart G—Registry of Entry-Level date his or her CDL is reinstated. class and with all endorsements Driver Training Providers Behind-the-wheel (BTW) range necessary to operate the CMV for which training is to be provided and has at Sec. training means training provided by a 380.700 Scope. BTW instructor when an entry-level least two years of experience driving a 380.703 Requirements for listing on the driver has actual control of the power CMV requiring a CDL of the same (or training provider registry (TPR). unit during a driving lesson conducted higher) class and/or the same 380.707 Entry-level training provider on a range. BTW range training does not endorsement and meets all applicable requirements. include time an entry-level driver State qualification requirements for 380.709 Facilities. spends observing the operation of a CMV instructors; or 380.711 Equipment. (ii) Holds a CDL of the same (or 380.713 Instructor requirements. CMV when he or she is not in control 380.715 Assessments. of the vehicle. higher) class and with all endorsements necessary to operate the CMV for which 380.717 Training certification. Behind-the-wheel (BTW) public road 380.719 Requirements for continued listing training means training provided by a training is to be provided and has at on the training provider registry (TPR). BTW instructor when an entry-level least two years of experience as a BTW 380.721 Removal from Training Provider driver has actual control of the power CMV instructor and meets all applicable Registry: factors considered. unit during a driving lesson conducted State qualification requirements for 380.723 Removal from Training Provider on a public road. BTW public road CMV instructors. Registry: procedure. Exception: An instructor is not 380.725 Documentation and record training does not include the time that retention. an entry-level driver spends observing required to hold a CDL of the same (or the operation of a CMV when he or she higher) class and with all endorsements § 380.700 Scope. necessary to operate the CMV for which is not in control of the vehicle. The rules in this subpart establish the training is to be provided, if the Entry-level driver means an individual eligibility requirements for listing on instructor previously held a CDL of the who must complete the CDL skills test FMCSA’s Training Provider Registry same (or higher) class and complies requirements under § 383.71 prior to (TPR). In order to provide entry-level with the other requirements set forth in receiving a CDL for the first time, driver training in compliance with this paragraphs (1), (2), and (3) of this upgrading to a Class A or Class B CDL, part, training providers must be listed definition. or obtaining a hazardous materials, on the TPR. (iii) If an instructor’s CDL has been passenger, or school bus endorsement cancelled, suspended, or revoked due to for the first time. This definition does § 380.703 Requirements for listing on the any of the disqualifying offenses training provider registry (TPR). not include individuals for whom States identified in § 383.51, the instructor is waive the CDL skills test under § 383.77 (a) To be eligible for listing on the prohibited from engaging in theory or individuals seeking to remove a TPR, an entity must: instruction for two years following the restriction in accordance with (1) Follow a curriculum that meets the date his or her CDL is reinstated. § 383.135(b)(7). applicable criteria set forth in (iv) Exception. Training providers Entry-level driver training means appendices A through E of part 380, offering online content exclusively are (2) Utilize facilities that meet the training an entry-level driver receives not required to meet State qualification criteria set forth in § 380.709; from an entity listed on FMCSA’s requirements for theory instructors. (3) Utilize vehicles that meet the Training Provider Registry prior to: Training provider means an entity criteria set forth in § 380.711; (i) Taking the CDL skills test required that is listed on the FMCSA Training (4) Utilize driver training instructors to receive the Class A or Class B CDL Provider Registry, as required by that meet the criteria set forth in for the first time; subpart G of this part. Training § 380.713; (ii) Taking the CDL skills test required providers include, but are not limited (5)(i) Be licensed, certified, registered, to upgrade to a Class A or Class B CDL; to, training schools, educational or authorized to provide training in or institutions, rural electric cooperatives, accordance with the applicable laws (iii) Taking the CDL skills test motor carriers, State/local governments, and regulations of any State where in- required to obtain a passenger and/or school districts, joint labor management person training is conducted. school bus endorsement for the first programs, owner-operators, and (ii) Exception: State qualification time or the CDL knowledge test required individuals. requirements otherwise applicable to to obtain a hazardous materials theory instruction do not apply to endorsement for the first time. § 380.609 General entry-level driver providers offering such instruction only Range means an area that must be free training requirements. online. of obstructions, enables the driver to (a) An individual who applies, for the (6) Allow FMCSA or its authorized maneuver safely and free from first time, for a Class A or Class B CDL, representative to audit or investigate the

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training provider’s operations to ensure (b) BTW training providers must (ii) Changes must be reported by that the provider meets the criteria set utilize instructors who are a BTW electronically transmitting an updated forth in this section. instructors as defined in § 380.605. Entry-Level Driver Training Provider (7) Electronically transmit an Entry- Registration Form. Level Driver Training Provider § 380.715 Assessments. (4) Maintain documentation of State Registration Form through the TPR Web (a) Training providers must use licensure, registration, or certification site maintained by FMCSA, which assessments (in written or electronic verifying that the provider is authorized attests that the training provider meets format) to determine driver-trainees’ to provide training in that State, if all the applicable requirements of this proficiency in the knowledge objectives applicable. section, to obtain a unique TPR number. in the theory portion of each unit of (5) Allow an audit or investigation of If a training provider has more than one instruction in appendices A through E the training provider to be completed by campus or training location, the training of part 380, as applicable. The driver- FMCSA or its authorized representative, provider must electronically transmit an trainee must receive an overall if requested. Entry-Level Driver Training Provider minimum score of 80 percent on the (6) Ensure that all required Registration Form for each campus or theory assessment. documentation, as set forth in § 380.725, training location in order to obtain a (b) Training instructors must evaluate is available to FMCSA or its authorized unique TPR number for each location. and document a driver-trainee’s representative, upon request. The (b) When a provider meets the proficiency in BTW skills in accordance provider must submit this requirements of §§ 380.703 and 380.707, with the curricula in appendices A documentation within 48 hours of the FMCSA will issue the provider a unique through D of part 380, as applicable. request. TPR number and, as applicable, add the (b) [Reserved] provider’s name and/or contact § 380.717 Training certification. information to the TPR Web site. After an individual completes training § 380.721 Removal from training provider administered by a provider listed on the registry: factors considered. § 380.707 Entry-level training provider. TPR, that provider must, by midnight of FMCSA may remove a provider from (a) Training providers must require all the second business day after the driver- the TPR when a provider fails to meet accepted applicants for behind-the- trainee completes the training, or maintain any of the qualifications wheel (BTW) training to certify that they electronically transmit training established by this subpart or the will comply U.S. Department of certification information through the requirements of other State and Federal Transportation regulations in parts 40, TPR Web site including the following: regulations applicable to the provider. If 382, 383, and 391, as well as State (a) Driver-trainee name, number of FMCSA removes a provider from the and/or local laws, related to controlled driver’s license/commercial learner’s TPR, any training conducted after the substances testing, age, medical permit/commercial driver’s license, as removal date will be considered invalid. certification, licensing, and driving applicable, and State of licensure; (a) The factors FMCSA may consider record. Training providers must verify (b) Commercial driver’s license class for removing a provider from the TPR that all accepted BTW applicants hold and/or endorsement and type of training include, but are not limited to, the a valid commercial learner’s permit or (theory and/or BTW) the driver-trainee following: commercial driver’s license, as completed; (1) The provider fails to comply with applicable. (c) Total number of clock hours the the requirements for continued listing (b) Training providers offering online driver-trainee spent to complete BTW on the TPR, as described in § 380.719. training must ensure that the content is training, as applicable; (2) The provider denies FMCSA or its prepared and/or delivered by a theory (d) Name of the training provider and authorized representatives the instructor, as defined in § 380.605. its unique TPR identification number; opportunity to conduct an audit or (c) Separate training providers may and investigation of its training operations. deliver the theory and BTW portions of (e) Date(s) of successful training (3) The audit or investigation the training, but both portions (range completion. conducted by FMCSA or its authorized and public road) of the BTW training representatives identifies material must be delivered by the same training § 380.719 Requirements for continued deficiencies, pertaining to the training provider. listing on the training provider registry provider’s program, operations, or (TPR). § 380.709 Facilities. eligibility. (a) To be eligible for continued listing (4) The provider falsely claims to be The training provider’s classroom and on the TPR, a provider must: licensed, certified, registered, or range facilities must comply with all (1) Meet the requirements of this authorized to provide training in applicable Federal, State, and/or local subpart and the applicable requirements accordance with the applicable laws statutes and regulations. of § 380.703. and regulations in any State where in- § 380.711 Equipment. (2) Biennially update the Entry-Level person training is provided. (a) All vehicles used in the behind- Driver Training Provider Registration (5) The State-administered CDL skills the-wheel training must comply with Form. examination passage rate for applicants applicable Federal and State safety (3) Report to FMCSA changes to key for the Class A CDL, Class B CDL, requirements. information, as identified in paragraph passenger endorsement, and/or school (b) Training vehicles must be in the (a)(3)(i) of this section, within 30 days bus endorsement who complete the same group and type that driver-trainees of the change. provider’s training and the CDL intend to operate for their CDL skills (i) Key information is defined as knowledge test passage rate for test. training provider name, address, phone applicants for the hazardous materials number, type(s) of training offered, endorsement who complete the § 380.713 Instructor requirements. training provider status, and, if provider’s training. (a) Theory training providers must applicable, any change in State (b) In instances of fraud or other utilize instructors who are a theory licensure, certification, or accreditation criminal behavior by a training provider instructor as defined in § 380.605. status. in which driver-trainees have

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knowingly participated, FMCSA removal and notify the provider of the Administrator may ask the provider to reserves the right, on a case-by-case withdrawal in writing. submit additional information or attend basis, to retroactively invalidate training (ii) If the Director finds that FMCSA a conference to discuss the removal. If conducted under this subpart . has not relied on erroneous information the provider does not provide the in proposing removal, the Director will information requested, or does not § 380.723 Removal from training provider affirm the notice of proposed removal registry: procedure. attend the scheduled conference, the and notify the provider in writing of the Associate Administrator may dismiss (a) Voluntary removal. To be determination. No later than 60 days the request for administrative review. voluntarily removed from the Training after the date the Director affirms the (2) Decision on administrative review. Provider Registry (TPR), a provider must notice of proposed removal, or as The Associate Administrator will submit written notice to FMCSA’s otherwise agreed to by the provider and complete the administrative review and Director, Office of Carrier, Driver, and the Director, the provider must comply notify the provider in writing of the Vehicle Safety Standards (Director). with this subpart and correct the decision. The decision constitutes final Upon receiving the written notice, deficiencies identified in the notice of Agency action. If the Associate FMCSA will remove the training proposed removal as described in Administrator deems the removal to be provider from the TPR. On and after the paragraph (c)(2) of this section. invalid, FMCSA will reinstate the date of issuance of a notice of proposed (iii) If the provider does not respond provider’s listing on the TPR. removal from the TPR issued in in writing within 30 days of the date of (e) Emergency removal. In cases of accordance with paragraph (b) of this issuance of a notice of proposed fraud, criminal behavior, or willful section, such a voluntary removal notice removal, the removal becomes effective disregard of the regulations in this will not be effective. immediately and the provider will be subpart or in which public health, (b) Involuntary removal; Notice of removed from the TPR. Any training interest, or safety requires, the proposed removal. Except as provided conducted after the removal date is provisions of paragraph (b) of this by paragraphs (a) and (e) of this section, invalid. section are not applicable. In these FMCSA initiates the process for (2) Corrective action. (i) The provider cases, the Director may immediately involuntary removal of a provider from must comply with this subpart and remove a provider from the TPR. In the TPR by issuing a written notice to complete the corrective actions instances of fraud or other criminal the provider, stating the reasons for the specified in the notice of proposed behavior by a training provider in which proposed removal and setting forth any removal no later than 60 days after driver-trainees have knowingly corrective actions necessary for the either the date of issuance of the notice participated, FMCSA reserves the right provider to remain listed on the TPR. If of proposed removal or the date the to retroactively invalidate training a notice of proposed removal is issued, Director subsequently affirms or conducted under this subpart. A the provider must notify current driver- modifies the notice of proposed provider who has been removed under trainees and driver-trainees scheduled removal. The provider must provide the provisions of this paragraph may for future training of the proposed documentation of completion of the request an administrative review of that removal. If a notice of proposed removal corrective action(s) to the Director. The decision as described under paragraph is issued to a training provider listed on Director may conduct an investigation (d) of this section. the TPR Web site, FMCSA will note on and request any documentation (f) Reinstatement to the Training the TPR Web site that such notice has necessary to verify that the provider has Provider Registry. (1) Any time after a been issued. FMCSA will remove the complied with this subpart and training provider’s voluntary removal notation if the notice is withdrawn. completed the required corrective from the TPR, the provider may apply (c) Response to notice of proposed action(s). The Director will notify the to the Director to be reinstated. removal and corrective action. A provider in writing whether it has met (2) No sooner than 30 days after the training provider that has received a the requirements for continued listing date of a provider’s involuntary removal notice of proposed removal and wishes on the TPR. from the TPR, the provider may apply to remain on the TPR must submit a (ii) If the provider fails to complete to the Director to be reinstated. The written response to the Director no later the proposed corrective action(s) within provider must submit documentation than 30 days after the date of issuance the 60-day period, the provider will be showing completion of any corrective of the notice explaining why it believes removed from the TPR. The Director action(s) identified in the notice of that decision is not proper, as described will notify the provider in writing of the proposed removal or final notice of in paragraph (c)(1) of this section. removal. removal, as applicable. Alternatively, the provider will set forth (d) Request for administrative review. corrective actions taken in response to If a provider has been removed from the § 380.725 Documentation and record FMCSA’s notice of proposed removal, as TPR under paragraph (c)(1)(iii), retention. described in paragraph (c)(2) of this (c)(2)(ii), or (e) of this section, the (a) Applicability. The documentation section. provider may request an administrative and retention of records required by this (1) Opposing a notice of proposed review. The request must be submitted subpart apply to entities that meet the removal. If the provider believes in writing to the FMCSA Associate requirements of subpart F of this part FMCSA has relied on erroneous Administrator for Policy (Associate and are eligible for listing on the information in proposing removal from Administrator) no later than 30 days Training Provider Registry (TPR). the TPR, the provider must explain the after the effective date of the removal. (b) Document retention. All training basis for that belief and provide The request must explain the alleged providers on the TPR must retain the supporting documentation. The Director error(s) committed in removing the following: will review the explanation. provider from the TPR, and include all (1) Self-certifications by all accepted (i) If the Director finds that FMCSA factual, legal, and procedural issues in applicants for behind-the-wheel (BTW) has relied on erroneous information to dispute, as well as any supporting training attesting that they will comply propose removal of a training provider documentation. with U.S. Department of Transportation from the TPR, the Director will (1) Additional procedures for regulations in parts 40, 382, 383 and withdraw the notice of proposed administrative review. The Associate 391, as well as State and/or local laws,

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related to alcohol and controlled simulation device cannot be used to conduct instruction addressing basic combination substances testing, age, medical such training or to demonstrate proficiency. vehicle controls in areas such as executing certification, licensing, and driver Training instructors must document the total sharp left and right turns, centering the records, as required in 380.707(a). (2) A number of clock hours each driver-trainee vehicle, maneuvering in restricted areas, and spends to complete the BTW curriculum. The copy of the driver-trainee’s commercial entering and exiting the interstate or Class A curriculum must, at a minimum, controlled access highway. learner’s permit(s) or commercial include the following: driver’s license, as applicable, as Unit A1.1.5 Shifting/Operating required in 380.707(a). Theory Instruction Transmissions (3) Instructor qualification Section A1.1 Basic Operation This unit must introduce shifting patterns and procedures to driver-trainees to prepare documentation indicating driving and/ This section must cover the interaction them to safely and competently perform basic or training experience, as applicable, for between driver-trainees and the CMV. Driver- each instructor and copies of trainees will receive instruction in the shifting maneuvers. This unit must include commercial driver’s licenses and Federal Motor Carrier Safety Regulations training driver-trainees to execute up and (FMCSRs) and will be introduced to the basic down shifting techniques on multi-speed applicable endorsements held by BTW dual range transmissions, if appropriate. The instructors or theory instructors, as CMV instruments and controls. Training providers will teach driver-trainees the basic training providers must teach the importance applicable. of increased vehicle control and improved (4) The Training Provider Registration operating characteristics of a CMV. This section must also teach driver-trainees how fuel economy achieved by utilizing proper Form submitted to the TPR. to properly perform vehicle inspections, shifting techniques. (5) The lesson plans for theory and control the motion of CMVs under various Unit A1.1.6 Backing and Docking BTW (range and public road) training road and traffic conditions, employ shifting This unit must teach driver-trainees to curricula, as applicable. and backing techniques, and properly couple back and dock the combination vehicle (6) Records of individual entry-level and uncouple combination vehicles. Driver- safely. This unit must cover ‘‘Get Out and driver training assessments as described trainees must familiarize themselves with the Look’’ (GOAL), evaluation of backing/loading basic operating characteristics of a CMV. in § 380.715. facilities, knowledge of backing set ups, as (c) Retention of records. Training Unit A1.1.1 Orientation well as instruction in how to back with the providers listed on the TPR must retain This unit must introduce driver-trainees to use of spotters. the records identified in paragraph (b) of the combination vehicle driver training Unit A1.1.7 Coupling and Uncoupling this section for a minimum of three curriculum and the components of a years from the date each required record combination vehicle. The training providers This unit must provide instruction for is generated or received, unless a record, must teach the safety fundamentals, essential driver-trainees to develop the skills necessary to conduct the procedures for safe coupling such as a BTW instructor’s CDL, has regulatory requirements (e.g., overview of FMCSRs and Hazardous Materials and uncoupling of combination vehicle units, expired or been canceled, in which case as applicable. the most recent, valid CDL should be Regulations), and driver-trainees’ responsibilities not directly related to CMV Section A1.2 Safe Operating Procedures retained, if applicable. The provisions of driving, such as proper cargo securement. this part do not affect a training This unit must also cover the ramifications, This section must teach the practices provider’s obligation to comply with including driver disqualification provisions required for safe operation of the any other local, State, or Federal and fines, for non-compliance with parts 380, combination vehicle on the highway under requirements prescribing longer 382, 383, and 390 through 399 of the various road, weather, and traffic conditions. retention periods for any category of FMCSRs. This unit must also include an The training providers must teach driver- trainees the Federal rules governing the records described herein. overview of the applicability of State and local laws relating to the safe operation of the proper use of seat belt assemblies (§ 392.16). Appendix to Part 380 [Redesignated as CMV, stopping at weigh stations/scales, Unit A1.2.1 Visual Search Appendix F to Part 380] hazard awareness of vehicle size and weight This unit must teach driver-trainees to ■ 6. The appendix to part 380 is limitations, low clearance areas (e.g., CMV visually search the road for potential hazards height restrictions), and bridge formulas. redesignated as appendix F to part 380. and critical objects, including instruction on ■ 7. Add appendices A through E to part Unit A1.1.2 Control Systems/Dashboard recognizing distracted pedestrians or distracted drivers. 380 to read as follows: This unit must introduce driver-trainees to vehicle instruments, controls, and safety Unit A1.2.2 Communication Appendix A to Part 380—Class A—CDL components. The training providers must This unit must instruct driver-trainees on Training Curriculum teach driver-trainees to read gauges and how to communicate their intentions to other instruments correctly and the proper use of road users. Driver-trainees must be instructed Class A CDL applicants must complete the vehicle safety components, including safety in techniques for different types of Class A CDL curriculum outlined in this belts and mirrors. The training providers Appendix. The curriculum for Class A communication on the road, including must teach driver-trainees to identify, locate, applicants pertains to combination vehicles proper use of headlights, turn signals, four- and explain the function of each of the (Group A) as defined in 49 CFR 383.91(a)(1). way flashers, and horns. This unit must cover primary and secondary controls including There is no required minimum number of instruction in proper utilization of eye those required for steering, accelerating, instruction hours for theory training, but the contact techniques with other drivers, shifting, braking systems (e.g., ABS, training instructor must cover all topics set bicyclists, and pedestrians. hydraulic, air), as applicable, and parking. forth in the curriculum. There is no required Unit A1.2.3 Distracted Driving minimum number of instruction hours for Unit A1.1.3 Pre- and Post-Trip Inspections This unit must instruct driver-trainees in BTW (range and public road) training, but the This unit must teach the driver-trainees to FMCSRs related to distracted driving and training instructor must cover all topics set conduct pre-trip and post-trip inspections as forth in the BTW curriculum. BTW training specified in §§ 392.7 and 396.11, including other key driver distraction driving issues, must be conducted in a CMV for which a appropriate inspection locations. Instruction including improper cell phone use, texting, Class A CDL is required. The instructor must must also be provided on enroute vehicle and use of in-cab technology (e.g., §§ 392.80 determine and document that each driver- inspections. and 392.82). This instruction will include trainee has demonstrated proficiency in all training in the following aspects: visual elements of the BTW curriculum, unless Unit A1.1.4 Basic Control attention (keeping eyes on the road); manual otherwise noted. Consistent with the This unit must introduce basic vehicular control (keeping hands on the wheel); and definitions of BTW range training and BTW control and handling as it applies to cognitive awareness (keeping mind on the public road training in § 380.605, a combination vehicles. This unit must include task and safe operation of the CMV).

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Unit A1.2.4 Speed Management appropriate responses when faced with CMV Section A1.5 Non-Driving Activities This unit must teach driver-trainees how to emergencies. This instruction must include This section must teach driver-trainees the manage speed effectively in response to evasive steering, emergency braking, and off- activities that do not involve actually various road, weather, and traffic conditions. road recovery, as well as the proper response operating the CMV. to brake failures, tire blowouts, The instruction must include methods for Unit A1.5.1 Handling and Documenting hydroplaning, and rollovers. The instruction calibrating safe following distances taking Cargo into account CMV braking distances under an must include a review of unsafe acts and the array of conditions including traffic, weather, role the acts play in producing or worsening This unit must teach the basic theory of and CMV weight and length. hazardous situations. cargo weight distribution, cargo securement on the vehicle, cargo covering, and Unit A1.2.5 Space Management Unit A1.3.3 Railroad-Highway Grade techniques for safe and efficient loading/ This unit must teach driver-trainees about Crossings unloading. The training providers must teach the importance of managing the space This unit must teach driver-trainees to driver-trainees the basic cargo security/cargo surrounding the vehicle under various traffic recognize potential dangers and the theft prevention procedures. The training and road conditions. appropriate safety procedures to utilize at provider must teach driver-trainees the basic Unit A1.2.6 Night Operation railroad (RR)-highway grade crossings. This information regarding the proper handling and documentation of HM cargo. This unit must instruct driver-trainees in instruction must include an overview of the factors affecting the safe operation of various Federal/State RR grade crossing Unit A1.5.2 Environmental Compliance CMVs at night and in darkness. Additionally, regulations, RR grade crossing environments, Issues driver-trainees must be instructed in changes obstructed view conditions, clearance around This unit must teach driver-trainees to in vision, communications, speed space the tracks, and rail signs and signals. The recognize environmental hazards and issues management, and proper use of lights, as training providers must instruct driver- related to the CMV and load, and also make needed, to deal with the special problems trainees that railroads have personnel the driver-trainee aware that city, county, night driving presents. available (‘‘Emergency Notification State, and Federal requirements may apply to Unit A1.2.7 Extreme Driving Conditions Systems’’) to receive notification of any such circumstances. information relating to an unsafe condition at Unit A1.5.3 Hours of Service Requirements This unit must teach driver-trainees about the RR-highway grade crossing or a disabled the specific problems presented by extreme vehicle or other obstruction blocking a This unit must teach driver-trainees to driving conditions. The training provide will understand that there are different hours-of- railroad track at the RR-highway grade emphasize the factors affecting the operation service (HOS) requirements applicable to crossing. of CMVs in cold, hot, and inclement weather different industries. The training providers and on steep grades and sharp curves. The Section A1.4 Vehicle Systems and must teach driver-trainees all applicable HOS training provider must teach proper tire Reporting Malfunctions regulatory requirements. The training chaining procedures. providers must teach driver-trainees to This section must provide entry-level complete a Driver’s Daily Log (electronic and Section A1.3 Advanced Operating Practices driver-trainees with sufficient knowledge of paper), timesheet, and logbook recap, as This section must introduce higher-level the combination vehicle and its systems and appropriate. The training providers must skills that can be acquired only after the more subsystems to ensure that they understand teach driver-trainees the consequences fundamental skills and knowledge taught in and respect their role in vehicle inspection, (safety, legal, and personal) of violating the the prior two sections have been mastered. operation, and maintenance and the impact HOS regulations, including the fines and The training providers must teach driver- of those factors upon highway safety and penalties imposed for these types of trainees about the advanced skills necessary operational efficiency. violations. to recognize potential hazards and must Unit A1.4.1 Identification and Diagnosis of Unit A1.5.4 Fatigue and Wellness teach the driver-trainees the procedures Malfunctions Awareness needed to handle a CMV when faced with a hazard. This unit must teach driver-trainees to This unit must teach driver-trainees about identify major combination vehicle systems. the issues and consequences of chronic and Unit A1.3.1 Hazard Perception The goal is to explain their function and how acute driver fatigue and the importance of The unit must teach driver-trainees to to check all key vehicle systems, (e.g., engine, staying alert. The training providers must recognize potential hazards in the driving engine exhaust auxiliary systems, brakes, teach driver-trainees wellness and basic environment in order to reduce the severity drive train, coupling systems, and health maintenance information that affect a of the hazard and neutralize possible suspension) to ensure their safe operation. driver’s ability to safely operate a CMV. emergency situations. The training providers Driver-trainees must be provided with a Unit A1.5.5 Post-Crash Procedures must teach driver-trainees to identify road detailed description of each system, its conditions and other road users that are a This unit must teach driver-trainees importance to safe and efficient operation, potential threat to the safety of the appropriate post-crash procedures, including and what is needed to keep the system in combination vehicle and suggest appropriate the requirement that the driver, if possible, adjustments. The instruction must emphasize good operating condition. assess his or her physical condition hazard recognition, visual search, adequate Unit A1.4.2 Roadside Inspections immediately after the crash and notify authorities or assign the task to other surveillance, and response to possible This unit must instruct driver-trainees on individuals at the crash scene. The training emergency-producing situations encountered what to expect during a standard roadside providers must teach driver-trainees how to by CMV drivers in various traffic situations. inspection conducted by authorized The training providers must teach driver- protect the area; obtain emergency medical personnel. The training providers must teach trainees to recognize potential dangers and assistance; move on-road vehicles off the driver-trainees on what vehicle and driver the safety procedures that must be utilized road in minor crashes so as to avoid while driving in construction/work zones. violations are classified as out-of-service subsequent crashes or injuries; engage (OOS), including the ramifications and flashers; place reflective triangles and other Unit A1.3.2 Skid Control/Recovery, penalties for operating a CMV when subject Jackknifing, and Other Emergencies warning devices for stopped vehicles; and to an OOS order as defined in section 390.5. properly use a fire extinguisher, if necessary. This unit must teach the causes of skidding Unit A1.4.3 Maintenance The training providers must instruct driver- and jackknifing and techniques for avoiding trainees in post-crash testing requirements This unit must introduce driver-trainees to and recovering from them. The training related to controlled substances and alcohol. providers must teach the importance of the basic servicing and checking procedures maintaining directional control and bringing for various engine and vehicle components Unit A1.5.6 External Communications the CMV to a stop in the shortest possible and to help develop their ability to perform This unit must teach driver-trainees in the distance while operating over a slippery preventive maintenance and simple value of effective interpersonal surface. This unit must provide instruction in emergency repairs. communication techniques/skills to interact

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with enforcement officials. The training locations. Instruction must also be provided signaling intentions and effectively providers must teach driver-trainees the on enroute vehicle inspections. communicating with other drivers. specifics of the roadside vehicle inspection Unit A2.2 Straight Line Backing Unit A3.4 Visual Search process, and what to expect during this activity. Driver-trainees who are not English Driver-trainees must demonstrate Driver-trainees must demonstrate speakers must be instructed in FMCSA proficiency in proper techniques for proficiency in proper techniques for visually English language proficiency requirements. performing various straight line backing searching the road for potential hazards and The training providers must teach driver- maneuvers to appropriate criteria/acceptable critical objects. tolerances. trainees the impact that violating Federal and Unit A3.5 Speed and Space Management state regulations has on their driving records Unit A2.3 Alley Dock Backing (45/90 and their employing motor carrier’s records. Driver-trainees must demonstrate Degree) proficiency in proper habits and techniques Unit A1.5.7 Whistleblower/Coercion Driver-trainees must demonstrate for adjusting and maintaining vehicle speed, This unit must teach the driver-trainees proficiency in proper techniques for taking into consideration various factors such about the right of an employee to question performing 45/90 degree alley dock as traffic and road conditions. Driver-trainees the safety practices of an employer without maneuvers to appropriate criteria/acceptable must demonstrate proficiency in maintaining incurring the risk of losing a job or being tolerances. proper speed to keep appropriate spacing subject to reprisals simply for stating a safety between the driver-trainee’s CMV and other concern. The training providers must instruct Unit A2.4 Off-Set Backing vehicles. Instruction must include methods driver-trainees in the whistleblower Driver-trainees must demonstrate for calibrating safe following distances under protection regulations in 29 CFR part 1978. proficiency in proper techniques for an array of conditions including traffic, The training providers must teach the performing off-set right and left backing weather, and CMV weight and length. procedures for reporting to FMCSA incidents maneuvers to appropriate criteria/acceptable Unit A3.6 Safe Driver Behavior of coercion from motor carriers, shippers, tolerances. receivers, or transportation intermediaries. Driver-trainees must demonstrate Unit A2.5 Parallel Parking Blind Side Unit A1.5.8 Trip Planning proficiency in safe driver behavior during Driver-trainees must demonstrate their operation of the CMV. This unit must address the importance of proficiency in proper techniques for Unit A3.7 Hours of Service (HOS) and requirements for planning routes and performing parallel parking blind side Requirements trips. This instruction must address planning positions/maneuvers to appropriate criteria/ the safest route, planning for rest stops, acceptable tolerances. Driver-trainees must demonstrate heavy traffic areas, railroad-highway grade proficiency in the basic activities required by crossing safe clearance and ground clearance Unit A2.6 Parallel Parking Sight Side the HOS regulations, such as completing a (i.e., ‘‘high center’’), the importance of Driver-trainees must demonstrate Driver’s Daily Log (electronic and paper), Federal and State requirements on the need proficiency in proper techniques for timesheet, and logbook recap, as appropriate. for permits, and vehicle size and weight performing sight side parallel parking Unit A3.8 Hazard Perception limitations. The training providers must maneuvers to appropriate criteria/acceptable teach driver-trainees in the correct tolerances. Driver-trainees must demonstrate their identification of restricted routes, the pros ability to recognize potential hazards in the and cons of Global Positioning System (GPS)/ Unit A2.7 Coupling and Uncoupling driving environment in time to reduce the trip routing software, and the importance of Driver-trainees must demonstrate severity of the hazard and neutralize possible selecting fuel-efficient routes. proficiency in proper techniques for emergency situations. Driver-trainees must Unit A1.5.9 Drugs/Alcohol coupling, inspecting, and uncoupling demonstrate the ability to identify road conditions and other road users that are a This unit must teach driver-trainees the combination vehicle units, as applicable. potential threat to the safety of the rules applicable to controlled substances Behind-the-Wheel—Public Road (including prescription drugs) and alcohol combination vehicle and suggest appropriate use and testing related to the operation of a The instructor must engage in active two- adjustments. way communication with the driver-trainees CMV. Unit A3.9 Railroad (RR)-Highway Grade during all active BTW public road training Crossing Unit A1.5.10 Medical Requirements sessions. Skills described in paragraphs A3.8 This unit must teach driver-trainees the through 3.12 of this section must be Driver-trainees must demonstrate the Federal rules on medical certification, discussed during public road training, but ability to recognize potential dangers and to medical examination procedures, general not necessarily performed. Driver-trainees are demonstrate appropriate safety procedures qualifications, responsibilities, and not required to demonstrate proficiency in when RR-highway grade crossings are disqualifications based on various offenses, the skills described in paragraphs A3.8 reasonably available. orders, and loss of driving privileges (49 CFR through 3.12. Unit A3.10 Night Operation part 391, subparts B and E). Unit A3.1 Vehicle Controls Including: Left Driver-trainees must be familiar with how Behind-the-Wheel—Range Turn, Right Turns, Lane Changes, Curves at to operate a CMV safely at night. Training BTW range training must teach driving Highway Speeds, and Entry and Exit on the providers must teach driver-trainees that exercises related to basic vehicle control Interstate or Controlled Access Highway night driving presents specific circumstances skills and mastery of basic maneuvers, as Driver-trainees must demonstrate that require heightened attention on the part covered in §§ 383.111 and 383.113 of this proficiency in proper techniques for of the driver. Driver-trainees must be taught chapter, necessary to operate the vehicle initiating vehicle movement, executing left special requirements for night vision, safely. The training providers will teach and right turns, changing lanes, navigating communications, speed, space management, activities in this unit on a driving range as curves at speed, entry and exit on the and proper use of lights. defined in § 380.605. The training provider interstate or controlled access highway, and Unit A3.11 Extreme Driving Conditions must teach ‘‘Get Out and Look’’ (GOAL) to stopping the vehicle in a controlled manner. the driver-trainee as it applies to units A2.2– Driver-trainees must be familiar with the 2.6. Unit A3.2 Shifting/Transmission special risks created by, and the heightened Driver-trainees must demonstrate precautions required by, driving CMVs under Unit A2.1 Vehicle Inspection Pre-Trip/ proficiency in proper techniques for extreme driving conditions, such as heavy Enroute/Post-Trip performing safe and fuel-efficient shifting. rain, high wind, high heat, fog, snow, ice, Driver-trainees must demonstrate steep grades, and sharp curves. Driver- proficiency in conducting pre-trip and post- Unit A3.3 Communications/Signaling trainees must demonstrate their ability to trip inspections as specified in §§ 392.7 and Driver-trainees must demonstrate recognize the changes in basic driving habits 396.11, including appropriate inspection proficiency in proper techniques for needed to deal with the specific challenges

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presented by these extreme driving hazardous materials (HM) regulations), and Unit B1.2.1 Visual Search conditions. driver-trainees’ responsibilities not directly This unit must teach driver-trainees to related to driving. This unit must also cover visually search the road for potential hazards Unit A3.12 Skid Control/Recovery, the ramifications and driver disqualification Jackknifing, and Other Emergencies and critical objects, including instruction on provisions and fines for non-compliance with recognizing distracted pedestrians or Driver-trainees must know the causes of parts 380, 382, 383, and 390 through 399 of distracted drivers. This unit must include skidding and jackknifing and techniques for the FMCSRs. This unit must also include an instruction in how to ensure a driver- avoiding and recovering from them. Driver- overview of the applicability of State and trainee’s personal security/general awareness trainees must know how to maintain local laws relating to the safe operation of the in common surroundings such as truck stops directional control and bring the CMV to a CMV, stopping at weigh stations/scales, and/or rest areas and at shipper/receiver stop in the shortest possible distance while hazard awareness of vehicle size and weight locations. operating over a slippery surface. Driver- limitations, low clearance areas (e.g., CMV trainees must be familiar with proper height restrictions), and bridge formulas. Unit B1.2.2 Communication techniques for responding to CMV Unit B1.1.2 Control Systems/Dashboard This unit must teach driver-trainees how to emergencies, such as evasive steering, communicate their intentions to other road This unit must introduce driver-trainees to emergency braking, and off-road recovery. users. Driver-trainees must be instructed in vehicle instruments, controls, and safety They must also know how to prevent or techniques for different types of components. The training providers must respond to brake failures, tire blowouts, communication on the road, including teach driver-trainees to read gauges and hydroplaning, and rollovers. proper use of headlights, turn signals, four- instruments correctly and the proper use of way flashers, and horns. This unit must cover vehicle safety components, including safety Appendix B to Part 380—Class B—CDL instruction in proper utilization of eye Training Curriculum belts and mirrors. The training providers must teach driver-trainees to identify, locate, contact techniques with other drivers, Class B CDL applicants must complete the and explain the function of each of the bicyclists, and pedestrians. Class B CDL curriculum outlined in this primary and secondary controls including Unit B1.2.3 Distracted Driving Appendix. The curriculum for Class B those required for steering, accelerating, This unit must instruct driver-trainees in applicants pertains to heavy straight vehicles shifting, braking systems (e.g., ABS, FMCSRs related to distracted driving and (Group B) as defined in 49 CFR 383.91(a)(2). hydraulic, air), as applicable, and parking. other key driver distraction driving issues, There is no required minimum number of Unit 1.3 Pre- and Post-Trip Inspections including improper cell phone use, texting, instruction hours for theory training, but the and use of in-cab technology (e.g., §§ 392.80 training instructor must cover all the topics The training provider must teach the driver-trainees to conduct pre-trip and post- and 392.82). This instruction will include in curriculum. There is no required training in the following aspects: Visual minimum number of instruction hours trip inspections as specified in §§ 392.7 and 396.11, including appropriate inspection attention (keeping eyes on the road); manual required for BTW (range and public road) control (keeping hands on the wheel); and training, but the training instructor must locations. Instruction must also be provided on enroute vehicle inspections. cognitive awareness (keeping mind on the cover all topics set forth in the BTW task and safe operation of the CMV). curriculum. BTW training must be conducted Unit B1.1.4 Basic Control Unit B1.2.4 Speed Management in a CMV for which a Class B CDL is This unit must introduce basic vehicular required. The instructor must determine and control and handling as it applies to This unit must teach driver-trainees how to document that each driver-trainee has commercial motor vehicles. This unit must manage speed effectively in response to demonstrated proficiency in all elements of include instruction addressing basic CMV various road, weather, and traffic conditions. the BTW curriculum unless otherwise noted. controls in areas such as executing sharp left The instruction must include methods for Consistent with the definitions of BTW range and right turns, centering the vehicle, calibrating safe following distances under an training and BTW public road training in maneuvering in restricted areas, and entering array of conditions including traffic, weather § 380.605, a simulation device cannot be and exiting the interstate or controlled access and CMV weight and length. used to conduct such training or to highway. Unit B1.2.5 Space Management demonstrate proficiency. Training instructors must document the total number of clock Unit B1.1.5 Shifting/Operating This unit must teach driver-trainees about hours each driver-trainee spends to complete Transmissions the importance of managing the space the BTW curriculum. The Class B curriculum This unit must introduce shifting patterns surrounding the vehicle under various traffic must, at a minimum, include the following: and procedures to driver-trainees to prepare and road conditions. them to safely and competently perform basic Unit B1.2.6 Night Operation Theory Instruction shifting maneuvers. This unit must teach This unit must instruct driver-trainees in Section B1.1 Basic Operation driver-trainees to execute up and down shifting techniques on multi-speed dual the factors affecting the safe operation of This section must cover the interaction range transmissions, if appropriate. The CMVs at night and in darkness. Additionally, between driver-trainees and the CMV. Driver- training providers must teach driver-trainees driver-trainees must be instructed in changes trainees will receive instruction in the the importance of increased fuel economy in vision, communications, speed, space Federal Motor Carrier Safety Regulations achieved by utilizing proper shifting management, and proper use of lights, as (FMCSRs) and will be introduced to the basic techniques. needed, to deal with the special problems CMV instruments and controls. This section night driving presents. Unit B1.1.6 Backing and Docking must also teach driver-trainees how to Unit B1.2.7 Extreme Driving Conditions perform vehicle inspections, control the This unit must teach driver-trainees to CMVs under various road and traffic back and dock the combination vehicle This unit must teach driver-trainees the conditions, employ shifting and backing safely. This unit must cover ‘‘Get Out and specific problems presented by extreme techniques, and couple and uncouple, as Look’’ (GOAL), evaluation of backing/loading driving conditions. The training will applicable. Driver-trainees must familiarize facilities, knowledge of backing set ups, as emphasize the factors affecting the operation themselves with the basic operating well as instruction in how to back with use of CMVs in cold, hot, and inclement weather characteristics of a CMV. of spotters. and on steep grades and sharp curves. The training providers must teach driver-trainees Unit B1.1.1 Orientation Section B1.2 Safe Operating Procedures the proper tire chaining procedures in this This unit must introduce driver-trainees to This section must teach the practices unit. the commercial motor vehicle driver training required for safe operation of the CMV on the curriculum and the components of a highway under various road, weather, and Section B1.3 Advanced Operating Practices commercial motor vehicle. The training traffic conditions. The training providers This section must introduce higher-level providers must teach driver-trainees the must teach driver-trainees the Federal rules skills that can be acquired only after the more safety fundamentals, essential regulatory governing the proper use of seat belt fundamental skills and knowledge taught in requirements (i.e., overview of FMCSRs/ assemblies (§ 392.16). the prior two sections have been mastered.

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The training providers must teach driver- Unit B1.4.1 Identification and Diagnosis of penalties imposed for these types of trainees the advanced skills necessary to Malfunctions violations. recognize potential hazards and must teach This unit must teach driver-trainees to Unit B1.5.4 Fatigue and Wellness driver-trainees the procedures needed to identify major vehicle systems. The goal is to Awareness handle a CMV when faced with a hazard. explain their function and how to check all The issues and consequences of chronic Unit B1.3.1 Hazard Perception key vehicle systems, as appropriate (e.g., and acute driver fatigue and the importance The unit must provide instruction for engine, engine exhaust auxiliary systems, of staying alert will be covered in this unit. recognizing potential hazards in the driving brakes, drive train, coupling systems, and The training providers must teach driver- environment in order to reduce the severity suspension) to ensure their safe operation. trainees about wellness and basic health of the hazard and neutralize possible Driver-trainees must be provided with a maintenance information that affect a driver’s emergency situations. The training providers detailed description of each system, its ability to safely operate a CMV. must teach driver-trainees to identify road importance to safe and efficient operation, Unit B1.5.5 Post-Crash Procedures conditions and other road users that are a and what is needed to keep the system in potential threat to the safety of the CMV and good operating condition. This unit must teach driver-trainees the appropriate post-crash procedures, including suggest appropriate adjustments. The Unit B1.4.2 Roadside Inspections instruction must emphasize hazard the requirement that the driver, if possible, recognition, visual search, adequate This unit must instruct driver-trainees on assess his or her physical condition surveillance, and response to possible what to expect during a standard roadside immediately after the crash and notify emergency-producing situations encountered inspection conducted by authorized authorities, or assign the task to other by CMV drivers in various traffic situations. personnel. The training providers must teach individuals at the crash scene. The training The training providers must also teach driver-trainees on what vehicle and driver providers must teach driver-trainees how to protect the area; obtain emergency medical driver-trainees to recognize potential dangers violations are classified as out-of-service assistance; move on-road vehicles off the and the safety procedures that must be (OOS), including the ramifications and road in minor crashes so as to avoid utilized while driving in construction/work penalties for operating a CMV when subject subsequent crashes or injuries; engage zones. to an OOS order as defined in section 390.5. flashers; place reflective triangles and other Unit B1.4.3 Maintenance Unit B1.3.2 Skid Control/Recovery, warning devices for stopped vehicles; and Jackknifing, and Other Emergencies This unit must introduce driver-trainees to properly use a fire extinguisher, if necessary. This unit must teach the causes of skidding the basic servicing and checking procedures The training providers must instruct driver- and jackknifing and techniques for avoiding for various engine and vehicle components trainees in post-crash testing requirements and recovering from them. The training and to help develop their ability to perform related to controlled substances and alcohol. providers must teach the importance of preventive maintenance and simple Unit B1.5.6 External Communications emergency repairs. maintaining directional control and bringing This unit must instruct driver-trainees in the CMV to a stop in the shortest possible Section B1.5 Non-Driving Activities the value of effective interpersonal distance while operating over a slippery This section must teach driver-trainees communication techniques/skills to interact surface. This unit must provide instruction in activities that do not involve actually with enforcement officials. The training appropriate responses when faced with CMV operating the CMV, e.g., proper cargo providers must teach driver-trainees the emergencies. This instruction must include securement. specifics of the roadside vehicle inspection evasive steering, emergency braking, and off- process, and what to expect during this Unit B1.5.1 Handling and Documenting road recovery, as well as the proper response activity. Driver-trainees who are not native Cargo to brake failures, tire blowouts, English speakers must be instructed in hydroplaning, and rollovers. The instruction This unit must teach driver-trainees the FMCSA English language proficiency must include a review of unsafe acts and the basic theory of cargo weight distribution, requirements and the consequences for role the acts play in producing or worsening cargo securement on the vehicle, cargo violations. The training providers must teach hazardous situations. covering, and techniques for safe and driver-trainees the implications of violating Unit B1.3.3 Railroad-Highway Grade efficient loading/unloading. The training Federal and state regulations will have on Crossings providers must also teach driver-trainees the their driving records and their employing basic cargo security/cargo theft prevention This unit must teach driver-trainees to motor carrier’s records. procedures. The training providers must recognize potential dangers and appropriate Unit B1.5.7 Whistleblower/Coercion teach driver-trainees the basic information safety procedures to utilize at railroad (RR)- regarding the proper handling and This unit must teach the driver-trainees highway grade crossings. This instruction documentation of HM cargo. about the right of an employee to question must include an overview of various Federal/ the safety practices of an employer without State RR grade crossing regulations, RR grade Unit B1.5.2 Environmental Compliance incurring the risk of losing a job or being crossing environments, obstructed view Issues subject to reprisals simply for stating a safety conditions, clearance around the tracks, and This unit must teach driver-trainees to concern. The training providers must instruct rail signs and signals. The training providers recognize environmental hazards and issues driver-trainees in the whistleblower must instruct driver-trainees that railroads related to the CMV and load, and also make protection regulations in 29 CFR part 1978. have personnel available (‘‘Emergency aware that city, county, State, and Federal The training providers must teach driver- Notification Systems’’) to receive notification requirements may apply to such trainees the procedures for reporting to of any information relating to an unsafe circumstances. FMCSA incidents of coercion from motor condition at the RR-highway grade crossing Unit B1.5.3 Hours of Service Requirements carriers, shippers, receivers, or transportation or a disabled vehicle or other obstruction intermediaries. blocking a railroad track at the RR-highway This unit must teach driver-trainees to Unit B1.5.8 Trip Planning grade crossing. understand that there are different hours-of- service (HOS) requirements applicable to This unit must address the importance of Section B1.4 Vehicle Systems and different industries. The training providers and requirements for planning routes and Reporting Malfunctions must teach driver-trainees all applicable HOS trips. This instruction must address planning This unit must provide entry-level driver- regulatory requirements. The training the safest route, planning for rest stops, trainees with sufficient knowledge of the providers must teach driver-trainees to heavy traffic areas, railroad-highway grade CMV and its systems and subsystems to complete a Driver’s Daily Log (electronic and crossing safe clearance and ground clearance ensure that they understand and respect their paper), timesheet, and logbook recap, as (i.e., ‘‘high center’’), the importance of role in vehicle inspection, operation, and appropriate. The training providers must Federal and State requirements on the need maintenance and the impact of those factors teach driver-trainees the consequences for permits, and vehicle size and weight upon highway safety and operational (safety, legal, and personal) of violating the limitations. The training providers must efficiency. HOS regulations, including the fines and teach driver-trainees the correct

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identification of restricted routes, the pros Behind-the-Wheel Public Road potential threat to vehicle safety and suggest and cons of Global Positioning System (GPS)/ The instructor must engage in active two- appropriate adjustments. trip routing software, and the importance of way communication with the driver-trainees Unit B3.9 Railroad (RR)-Highway Grade selecting fuel-efficient routes. during all active BTW public road training Crossing Unit B1.5.9 Drugs/Alcohol sessions. Skills described in paragraphs B3.8 Driver-trainees must demonstrate the This unit must teach driver-trainees the through 3.12 of this section must be discussed during public road training, but ability to recognize potential dangers and to rules applicable to controlled substances demonstrate appropriate safety procedures (including prescription drugs) and alcohol not necessarily performed. Driver-trainees are not required to demonstrate proficiency in when RR-highway grade crossings are use and testing related to the operation of a reasonably available. CMV. the skills described in paragraphs B3.8 through 3.12. Unit B3.10 Night Operation Unit B1.5.10 Medical Requirements Unit B3.1 Vehicle Controls Including: Left Driver-trainees must be familiar with how This unit must teach driver-trainees the Turns, Right Turns, Lane Changes, Curves at to operate a CMV safely at night. Training Federal rules on medical certification, Highway Speeds, and Entry and Exit on the providers must teach driver-trainees that medical examination procedures, general Interstate or Controlled Access Highway night driving presents specific circumstances qualifications, responsibilities, and that require heightened attention on the part disqualifications based on various offenses, Driver-trainees must demonstrate orders, and loss of driving privileges (49 CFR proficiency in proper techniques for of the driver. Driver-trainees must be taught part 391, subparts B and E). initiating vehicle movement, executing left special requirements for night vision, and right turns, changing lanes, navigating communications, speed, space management, Behind-the-Wheel Range curves at speed, exiting and entering the and proper use of lights. This unit must teach driving exercises interstate, and stopping the vehicle in a Unit B3.11 Extreme Driving Conditions related to basic vehicle control skills and controlled manner. mastery of basic maneuvers, as covered in Driver-trainees must be familiar with the Unit B3.2 Shifting/Transmission §§ 383.111 and 383.113 of this chapter special risks created by, and the heightened necessary to operate the vehicle safely. The Driver-trainees must demonstrate precautions required by, driving CMVs under training providers must teach driver-trainees proficiency in proper techniques for extreme driving conditions, such as heavy activities in this unit on a driving range as performing safe and fuel-efficient shifting. rain, high wind, high heat, fog, snow, ice, defined in § 380.605. The training provider steep grades, and curves. Training providers Unit B3.3 Communications/Signaling must teach ‘‘Get Out and Look’’ (GOAL) to must teach driver-trainees the basic driving the driver-trainee as it applies to units B2.2– Driver-trainees must demonstrate habits needed to deal with the specific 2.6. proficiency in proper techniques for challenges presented by these extreme signaling intentions and effectively driving conditions. Unit B2.1 Vehicle Inspection Pre-Trip/ communicating with other drivers. Enroute/Post-Trip Unit B3.12 Skid Control/Recovery, Unit B3.4 Visual Search Jackknifing, and Other Emergencies Driver-trainees must demonstrate proficiency in conducting pre-trip and post- Driver-trainees must demonstrate Driver-trainees must know the causes of trip inspections as specified in §§ 392.7 and proficiency in proper techniques for visually skidding and jackknifing and techniques for 396.11, including appropriate inspection searching the road for potential hazards and avoiding and recovering from them. Driver- locations. Instruction must also be provided critical objects. trainees must know how to maintain on enroute vehicle inspections. directional control and bring the CMV to a Unit B3.5 Speed and Space Management stop in the shortest possible distance while Unit B2.2 Straight Line Backing Driver-trainees must demonstrate operating over a slippery surface. Driver- Driver-trainees must demonstrate proficiency in proper habits and techniques trainees must be familiar with proper proficiency in proper techniques for for adjusting and maintaining vehicle speed, techniques for responding to CMV performing various straight line backing taking into consideration various factors such emergencies, such as evasive steering, maneuvers to appropriate criteria/acceptable as traffic and road conditions. Driver-trainees emergency braking, and off-road recovery. tolerances. must demonstrate proficiency in maintaining They must also know how to prevent or proper speed to keep appropriate spacing respond to brake failures, tire blowouts, Unit B2.3 Alley Dock Backing (45/90 between the driver-trainee’s CMV and other hydroplaning, and rollovers. Degree) vehicles. Instruction must include methods Driver-trainees must demonstrate for calibrating safe following distances under Appendix C to Part 380—Passenger proficiency in proper techniques for an array of conditions including traffic, Endorsement Training Curriculum weather, and CMV weight and length. performing 45/90 degree alley dock Passenger (P) endorsement applicants must maneuvers to appropriate criteria/acceptable Unit B3.6 Safe Driver Behavior complete the curriculum outlined in this tolerances. Driver-trainees must demonstrate section, which applies to driver-trainees who Unit B2.4 Off-Set Backing proficiency in safe driver behavior during expect to operate CMVs in the any of the Driver-trainees must demonstrate their operation of the CMV. vehicle groups defined in § 383.91(a)(1)–(3) proficiency in proper techniques for for which a P endorsement is required. Unit B3.7 Hours of Service (HOS) performing off-set backing maneuvers to There is no required minimum number of Requirements appropriate criteria/acceptable tolerances. instruction hours for theory training, but the Driver-trainees must demonstrate training provider must cover all the topics set Unit B2.5 Parallel Parking Blind Side proficiency in the basic activities required by forth in the curriculum. There is no required Driver-trainees must demonstrate the HOS regulations, such as completing a minimum number of instruction hours for proficiency in proper techniques for Driver’s Daily Log (electronic and paper), BTW training, but training providers must performing parallel parking blind side timesheet, and logbook recap, as appropriate. determine whether driver-trainees have positions/maneuvers to appropriate criteria/ demonstrated proficiency in all elements of Unit B3.8 Hazard Perception acceptable tolerances. the BTW curriculum. Training instructors Driver-trainees must demonstrate their must document the total number of clock Unit B2.6 Parallel Parking Sight Side ability to recognize potential hazards in the hours each driver-trainee spends to complete Driver-trainees must demonstrate driving environment in time to reduce the the BTW curriculum. The training must be proficiency in proper techniques for severity of the hazard and neutralize possible conducted in a passenger vehicle of the same performing sight side parallel parking emergency situations. Driver-trainees must vehicle group as the applicant intends to maneuvers to appropriate criteria/acceptable demonstrate the ability to identify road drive. The passenger endorsement training tolerances. conditions and other road users that are a must, at a minimum, contain the following:

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Theory Instruction Unit C1.5 Fueling fatigue countermeasures as a means to avoid crashes. Unit C1.1 Post-Crash Procedures This unit must instruct driver-trainees on the significance of avoiding refueling a bus Unit C1.12 Safety Belt Safety This unit must teach driver-trainees while passengers are onboard and the appropriate post-crash procedures, including imperative of avoiding refueling in an This unit must teach driver-trainees the the requirement that the driver, if possible, enclosed space. Federal rules governing the proper use of assess his or her physical condition safety restraint systems by CMV drivers, as immediately after the crash and notify Unit C1.6 Idling set forth in § 392.16. authorities, or assign the task to a passenger This unit must teach driver-trainees the Unit C1.13 Distracted Driving or other individuals at the crash scene. Also, importance of compliance with State and training providers must teach driver-trainees local laws and regulations, including for This unit must teach driver-trainees how to obtain emergency medical assistance; example, idling limits, fuel savings; and the FMCSA regulations that prohibit drivers from move on-road vehicles off the road in minor consequences of non-compliance, including texting or using hand-held mobile phones crashes so as to avoid subsequent crashes or adverse health effects and penalties. while operating their vehicles (e.g., §§ 392.80 injuries; engage flashers, reflective triangles and 392.82); and must teach the serious Unit C1.7 Baggage and/or Cargo and other warning devices for stopped consequences of violations, including Management crashes, heavy fines, and impacts on a motor vehicles; and properly use a fire extinguisher carrier’s and/or driver’s safety records, such if necessary. In this unit, training providers must teach driver-trainees: as driver disqualification. Unit C1.2 Other Emergency Procedures (1) Proper methods for handling and Unit C1.14 Railroad (RR)-Highway Grade This unit must instruct driver-trainees in securing passenger baggage and containers, Crossings and Drawbridges managing security breaches, on-board fires, as applicable. This unit must instruct driver-trainees in emergency exit and passenger evacuation (2) Procedures for identifying and inspecting baggage and containers for applicable regulations, techniques, and training, medical emergencies, and procedures for navigating RR-highway grade emergency stopping procedures including prohibited items, such as hazardous materials. crossings and drawbridges appropriate to the deployment of various emergency hazard passenger buses. signals. Instruction must also include (3) Proper handling and securement of procedures for dealing with mechanical devices associated with the Americans with Unit C1.15 Weigh Stations Disabilities Act (ADA) compliance, including breakdowns and vehicle defects while This unit must teach driver-trainees the enroute. oxygen, wheeled mobility devices, and other associated apparatuses. weigh-station regulations that apply to buses. Unit C1.3 Vehicle Orientation Unit C1.8 Passenger Safety Awareness Unit C1.16 Security and Crime This unit must teach driver-trainees the Briefing This unit must teach driver-trainees the basic physical and operational characteristics basic techniques for recognizing and of passenger-carrying CMV (e.g. bus and This unit must teach driver-trainees how to brief passengers on safety topics including minimizing physical risks from criminal motor coach), including overall height, activities. length, width, ground clearances, rear fastening seat belts, emergency exits, overhang, Gross Vehicle Weight and Gross emergency phone contact information, fire Unit C1.17 Roadside Inspections extinguisher location, safely walking in the Vehicle Weight Rating, axle weights, wheels This unit must teach driver-trainees what and rims, tires, tire ratings, mirrors, steer aisle when the bus is moving, and restroom emergency push button or switch. to expect during a standard roadside wheels, lighting, windshield, windshield inspection conducted by authorized wipers, engine compartments, basic electrical Unit C1.9 Passenger Management personnel. Training providers must teach system, brake systems, as applicable, and In this unit, training providers must teach driver-trainees what passenger-carrying spare tire storage. Additionally, training driver-trainees: vehicle and driver violations are classified as providers must instruct driver-trainees in (1) Proper procedures for safe loading and out-of-service (OOS), including the techniques for proper driver seat and mirror unloading of passengers prior to departure, ramifications and penalties for operating a adjustments. including rules concerning standing CMV when subject to an OOS order as Unit C1.4 Pre-Trip, Enroute, and Post-Trip passengers and the standee line. defined in § 390.5. Inspection (2) Procedures for dealing with disruptive Unit C1.18 Penalties and Fines passengers. This unit must teach the driver-trainee the This unit must teach driver-trainees the importance of pre-trip, enroute, and post-trip Unit C1.10 Americans With Disabilities Act potential consequences of violating driver- inspections; and provide instruction in (ADA) Compliance related regulations, including impacts on techniques for conducting such inspections Along with addressing the proper driver and motor carrier safety records, as stated in §§ 392.7 and 396.11, and operation of accessibility equipment (e.g., adverse impacts on the driver’s Pre- demonstrate their ability to inspect the lifts), this must teach driver-trainees the employment Screening Program record; following: applicable regulations and proper procedures financial penalties for both the driver and (1) Emergency exits; for engaging persons with disabilities or carrier; and possible loss of CMV driving (2) Passenger-carrying CMV interiors special needs under the ADA. Training must privileges. (including passenger seats as applicable); cover passengers with mobility issues, Behind the Wheel—Range and Public Road (3) Restrooms and associated engaging passengers with sight, hearing, or environmental requirements; cognitive impairments, and recognizing the This BTW training consists of exercises (4) Temperature controls (for maintaining permitted use of service animals. related to basic vehicle control skills and passenger comfort); mastery of basic maneuvers necessary to (5) Driver and passenger seat belts. Unit C1.11 Hours of Service (HOS) operate the vehicle safely. Activities in this Additionally, training providers must Requirements unit will take place on a driving range or a instruct driver-trainees in procedures, as This unit must teach driver-trainees the public road as defined in § 380.605. The applicable, in security-related inspections, HOS regulations that apply to drivers for instructor must engage in active including inspections for unusual wires or interstate passenger carriers. Training communication with the driver-trainees other abnormal visible materials, interior and providers must teach driver-trainees the basic during all BTW training sessions. exterior luggage compartments, packages or activities required by the HOS regulations, luggage left behind, and signs of cargo or such as completing a Driver’s Daily Log Unit C2.1 Vehicle Orientation vehicle tampering. Finally, training providers (electronic and paper), timesheet, and Driver-trainees must demonstrate their must instruct driver-trainees in cycling- logbook recap, as appropriate. Training familiarity with basic passenger-carrying accessible lifts and procedures for inspecting providers must teach driver-trainees how to CMV physical and operational characteristics them for functionality and defects. recognize the signs of fatigue and basic including overall height, length, width,

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ground clearances, rear overhang, gross Unit C2.6 Railroad-Highway Grade Vehicle Weight Rating, axle weights, wheels vehicle weight and gross vehicle weight Crossings and rims, tires, tire ratings, mirrors, steer rating, axle weights, wheels and rims, tires, Driver-trainees must demonstrate proper wheels, lighting, windshield, windshield tire ratings, mirrors, steer wheels, lighting, procedures for safely navigating railroad- wipers, engine compartments, basic electrical windshield, windshield wipers, engine highway grade crossings in a passenger- system, brake systems, as applicable, and compartments, basic electric system, and carrying CMV. spare tire storage. Additionally, the training spare tire storage. Additionally, driver- providers must instruct driver-trainees in techniques for proper driver seat and mirror trainees must demonstrate techniques for Appendix D to Part 380—School Bus adjustments. proper driver’s seat and mirror adjustments. Endorsement Training Curriculum School bus (S) endorsement applicants Unit D1.4 Post-Crash Procedures Unit C2.2 Pre-Trip, Enroute, and Post-Trip must complete the curriculum outlined in Inspection This unit must instruct driver-trainees on this section, which applies to driver-trainees the proper procedures following a school bus Driver-trainees must demonstrate who expect to operate a ‘‘school bus’’ as crash. The instruction must include use of proficiency in conducting such pre-trip, defined in § 383.5. There is no required fire extinguisher(s), first aid kit(s), tending to enroute and post-trip inspections of buses minimum number of instruction hours for injured passengers, post-crash vehicle and key components of §§ 392.7 and 396.11, theory training, but the training provider securement, notification procedures, and demonstrate their ability to inspect the must cover all the topics set forth in the deciding whether to evacuate the bus, data following: curriculum. There is no required minimum gathering, and interaction with law (1) Emergency exits; number of instruction hours for BTW enforcement officials. training, but the training provider must (2) Passenger-carrying CMV interiors Unit D1.5 Emergency Exit and Evacuation (including passenger seats as applicable); determine whether driver-trainees have (3) Restrooms and associated demonstrated proficiency in all elements of This unit must teach driver-trainees their role in safely evacuating the bus in an environmental requirements; the BTW curriculum. Training instructors must document the total number of clock emergency and planning for an emergency in (4) Temperature controls (for maintaining hours each driver-trainee spends to complete advance. Training must include proper passenger comfort); and the BTW curriculum. The training must be evacuation methods and procedures, such as (5) Driver and passenger seat belts. conducted in a school bus of the same the safe evacuation of students on field and Additionally, driver-trainees must vehicle group as the applicant intends to activity trips who only occasionally ride demonstrate their knowledge of procedures, drive. The school bus endorsement training school buses and thus may not be familiar as applicable, in security-related inspections, must, at a minimum, include the following: with the procedures. including inspections for unusual wires or other abnormal visible materials, interior and Theory Instruction Unit D1.6 Railroad-Highway Grade Crossings exterior luggage compartments, packages or Unit D1.1 Danger Zones and Use of Mirrors luggage left behind, and signs of cargo or This unit must teach driver-trainees the This unit must teach driver-trainees the vehicle tampering. Driver-trainees must be dangers trains present and the importance of danger zones that exist around the school bus the school bus driver and students strictly familiar with the operation of cycling- and the techniques to ensure the safety of accessible lifts and the procedures for following railroad crossing procedures. those around the bus. These techniques Instruction must be given on the types of inspecting them for functionality and defects. include correct mirror adjustment and usage. crossings, warning signs and devices, and For passenger-carrying vehicles equipped The types of mirrors and their use must be State and local procedures and regulations with said lifts and tie-down positions, trainee discussed, as well as the requirements found for school buses when crossing railroad- must demonstrate their ability to operate the in Federal Motor Vehicle Safety Standard highway grade crossings. cycling-accessible lifts. (FMVSS) 111 (49 CFR 571.111). Training providers must teach driver-trainees the Unit D1.7 Student Management Unit C2.3 Baggage and/or Cargo dangers of ‘‘dart-outs.’’ Training providers Management This unit must teach driver-trainees how to must teach driver-trainees the importance of manage student behavior on the bus to In this unit, driver-trainees must training students how to keep out of the ensure that safety is maintained and the demonstrate their ability to: danger zone when around school buses and rights of others are respected. Specific (1) Properly handle passenger baggage and the techniques for doing so. student management techniques must be containers to avoid worker, passenger, and discussed, including warning signs of Unit D1.2 Loading and Unloading non-passenger related injuries and property bullying and the techniques for managing damage; This unit must be instruct driver-trainees student behavior and administering (2) Visually inspect baggage and containers on the laws and regulations for loading and discipline. Training providers must teach for prohibited items, such as hazardous unloading, as well as the required procedures driver-trainees to avoid becoming distracted materials and identify such items; for students waiting at a bus stop and by student behavior while driving, especially (3) Properly handle and secure devices crossing the roadway at a bus stop. Special when crossing railroad tracks and during associated with ADA compliance including dangers involved in loading and unloading loading and unloading. must be specifically discussed, including oxygen, wheeled mobility devices, and other procedures to ensure the danger zone is clear Unit D1.8 Special Safety Considerations associated apparatuses. and that no student has been caught in the This unit must teach the driver-trainees the Unit C2.4 Passenger Safety Awareness doorway prior to moving the vehicle. special safety considerations and equipment Briefing Instruction also must be included on the in school bus operations. Topics discussed proper use of lights, stop arms, crossing must include use of strobe lights, driving in Driver-trainees must demonstrate their gates, and safe operation of the door during high winds, safe backing techniques, and ability to brief passengers on safety on topics loading and unloading; the risks involved preventing tail swing crashes. including: Fastening seat belts, emergency with leaving students unattended on a school Unit D1.9 Pre- and Post-Trip Inspections exits, emergency phone contact information, bus; and the proper techniques for checking fire extinguisher location, safely walking in the bus for sleeping children and lost items This unit must teach the driver-trainees the the aisle when the bus is moving, and at the end of each route. importance of pre-trip, enroute, and post-trip restroom emergency push button or switch. inspections; and provide instruction in Unit D1.3 Vehicle Orientation techniques for conducting such inspections Unit C2.5 Passenger Management This unit must teach driver-trainees the of buses as stated in §§ 392.7 and 396.11, and In this unit, driver-trainees must basic physical and operational characteristics additionally demonstrate their ability to demonstrate their ability to safely load and of school buses, including overall height, inspect the following: unload passengers prior to departure and to length, width, ground clearances, rear (1) Stop arms, deal with disruptive passengers. overhang, Gross Vehicle Weight and Gross (2) Crossing arms,

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(3) Emergency exits, emergency exits, fire extinguishers, passenger the types and quantities of HM that can and (4) Fire extinguishers, seats, first aid kits, interior lights, and cannot be transported in these vehicles/ (5) Passenger seats, temperature control. situations. (6) First aid kits, Unit D2.6 Railroad-Highway Grade Unit E1.7 Bulk Packages (7) Interior lights, and (8) Temperature control (for maintaining Crossings This unit must teach driver-trainees the passenger comfort). Driver-trainees must demonstrate proper specialized requirements for transportation of Training providers must instruct driver- procedures for safely navigating railroad- cargo in bulk packages, including cargo trainees in State and local requirements, as highway grade crossings in a school bus. tanks, intermediate bulk containers, bulk applicable, for inspection of school bus cylinders and portable tanks. The unit must equipment. Appendix E to Part 380—Hazardous include training in the operation of Materials Endorsement Training emergency control features, special vehicle Unit D1.10 School Bus Security Curriculum handling characteristics, rollover prevention, This unit must teach driver-trainees the and the properties and hazards of the HM Hazardous materials (H) endorsement security issues facing school bus drivers. transported. Training providers must teach applicants must complete the Hazardous Training providers must also teach driver- driver-trainees methods specifically designed materials curriculum, which apply to driver- trainees potential security threats, techniques to reduce cargo tank rollovers including, but trainees who intend to operate CMVs used in for preventing and responding to security not limited to, vehicle design and the transportation of hazardous materials threats, how to recognize and report performance, load effects, highway factors, (HM) as defined in § 383.5. Driver-trainees suspicious behavior, and what to do in the seeking an H endorsement, as defined in and driver factors. event of a hijacking or attack on a school bus. § 383.93(c)(4), must complete this curriculum Unit E1.8 Operating Emergency Equipment in order to take the State-administered Unit D1.11 Route and Stop Reviews This unit must teach driver-trainees the knowledge test for the H endorsement. There This unit must teach driver-trainees the applicable requirements of the FMCSRs and is no required minimum number of importance of planning their routes prior to the procedures necessary for the safe instruction hours for theory training, but the beginning driving in order to avoid operation of the motor vehicle. This includes training provider must cover all the topics in distraction while on the road. The training training in special precautions for fires, the curriculum. The HM curriculum must, at provider must also teach driver-trainees the loading and unloading, operation of cargo a minimum, include the following: techniques for reviewing routes and stops, as tank motor vehicle equipment, and shut-off/ well as State and local procedures for Theory Instruction shut-down equipment. reporting hazards along the route and at bus stops. Unit E1.1 Basic Introductory HM Unit E1.9 Emergency Response Procedures Requirements This unit must teach driver-trainees the Behind the Wheel—Range and Public Road This unit must teach driver-trainees the proper procedures and best practices for This unit must consist of exercises related basic HM competencies, including applicable handling an emergency response and post- to basic vehicle control skills and mastery of FMCSR requirements when HM is being response operations, including what to do in basic maneuvers. Activities in this unit will transported. The training provider must also the event of an unintended release of an HM. take place on a driving range or a public road teach driver-trainees HM communication All training, preparation, and response efforts as defined in § 380.605. The instructor must requirements including: Shipping paper must focus on the hazards of the materials engage in active communication with the requirements, marking, labeling, placarding, that have been released and the protection of driver-trainees during all active training emergency response information, and people, property, and the environment. sessions. shipper’s responsibilities. Unit E1.10 Engine (Fueling) Unit D2.1 Danger Zones and Use of Mirrors Unit E1.2 Operational HM Requirements This unit must teach driver-trainees the Driver-trainees must demonstrate the This unit must teach driver-trainees the procedures for fueling a vehicle that contains techniques necessary to ensure the safety of basic competencies for transportation of HM. HM. persons in the danger zone around the bus. Driver-trainees must practice mirror Unit E1.3 Reporting HM Crashes and Unit E1.11 Tire Check Releases adjustment and usage. The types of mirrors This unit must teach driver-trainees the and their use are shown, and cones used to The unit must teach driver-trainees the proper procedures for checking the vehicle demonstrate the requirements of 49 CFR proper procedures and contacts for the tires at the start of a trip and each time the 571.111. immediate notification related to certain HM vehicle is parked. incidents, including instruction in the proper Unit D2.2 Loading and Unloading completion and submission of HM Incident Unit E1.12 Routes and Route Planning Driver-trainees must demonstrate the Reports. This unit must teach driver-trainees the loading and unloading techniques learned in proper routing procedures that they are Unit E.4 Tunnels and Railroad (RR)- the theory portion of the training. Driver- required to follow for the transportation of Highway Grade Crossing Requirements trainees must demonstrate checking the radioactive and non-radioactive HM. vehicle for sleeping children and lost items This unit must teach driver-trainees the at the end of the route. proper operation of an HM vehicle at RR- Unit E1.13 Hazardous Materials Safety highway grade crossings and in vehicular Permits (HMSP) Unit D2.3 Emergency Exit and Evacuation tunnels. This unit must teach driver-trainees the Driver-trainees must demonstrate their role proper procedures and operational Unit E1.5 Loading and Unloading HM in safely evacuating the bus in an emergency. requirements including communications, This unit must teach driver-trainees the constant attendance, and parking that apply Unit D2.4 Special Safety Considerations proper loading and unloading procedures for to the transportation of HM for which an Driver-trainees must demonstrate safe hazardous material cargo. Training providers HMSP is required. backing techniques and demonstrate their must also teach driver-trainees the ability to avoid tail swing crashes by using requirements for proper segregation and PART 383—COMMERCIAL DRIVER’S reference points when making turns. securement of HM, and the prohibitions on LICENSE STANDARDS; transporting certain solid and liquid poisons REQUIREMENTS AND PENALTIES Unit D2.5 Pre- and Post-Trip Inspections with foodstuffs. Driver-trainees must demonstrate ■ 8. The authority citation for part 383 proficiency in conducting pre-and post-trip Unit E1.6 HM on Passenger Vehicles inspections, as stated in §§ 392.7 and 396.11, This unit must teach driver-trainees the is revised to read as follows: and of school bus-specific equipment, such various requirements for vehicles Authority: 49 U.S.C. 521, 31136, 31301 et as mirrors, stop arms, crossing arms, transporting passengers and property, and seq., and 31502; secs. 214 and 215 of Pub. L.

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106–159, 113 Stat. 1748, 1766, 1767; sec. paragraph (b)(3)(ii) and by adding PART 384—STATE COMPLIANCE 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, paragraphs (b)(10), (e)(8), and (p) to read WITH COMMERCIAL DRIVER’S sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, as follows: LICENSE PROGRAM 1746; sec. 32934 of Pub. L. 112–141, 126 stat. 405, 830; and 49 CFR 1.87. § 383.73 State procedures. ■ 11. The authority citation for part 384 ■ 9. Amend § 383.71 by adding * * * * * is revised to read as follows: paragraphs (a)(3) and (b)(11), revising (b) * * * Authority: 49 U.S.C. 31136, 31301, et seq., paragraphs (e)(3) and (4), and adding (3) Initiate and complete a check of and 31502; secs. 103 and 215 of Pub. L. 106– paragraph (e)(5) to read as follows: the applicant’s driving record to ensure 59, 113 Stat. 1753, 1767; sec. 32934 of Pub. that the person is not subject to any L. 112–141, 126 stat. 405, 830 and 49 CFR § 383.71 Driver application and 1.87. certification procedures. disqualification under § 383.51, or any license disqualification under State law, ■ 12. Add § 384.230 to read as follows: (a) * * * does not have a driver’s license from (3) Beginning on February 7, 2020, a more than one State or jurisdiction, and § 384.230 Entry-level driver certification. person must complete the training has completed the required training prescribed in subpart F of part 380 of (a) Beginning on February 7, 2020, a prescribed in subpart F of part 380 of State must comply with the this chapter before taking the skills test this subchapter. The record check must for a Class A or B CDL for the first time, requirements of § 383.73(b)(3)(ii), include, but is not limited to, the (b)(10), and (e)(8) to verify that the or a skills test for a passenger (P) or following: school bus (S) endorsement for the first applicant completed the training time, or the knowledge test for a * * * * * prescribed in subpart F of part 380. hazardous materials (H) endorsement (ii) A check with the CDLIS to (b)(1) A State may issue a CDL to for the first time. The training must be determine whether the driver applicant individuals who obtain a CLP before administered by a provider listed on the already has been issued a CDL, whether February 7, 2020, who have not Training Provider Registry. the applicant’s license has been complied with subpart F of part 380 of (b) * * * disqualified, or if the applicant has been this subchapter so long as they obtain a (11) Beginning on February 7, 2020, a disqualified from operating a CDL before the CLP or renewed CLP person must complete the training commercial motor vehicle; and expires. prescribed in subpart F of part 380 of beginning February 7, 2020, before an (2) A State may not issue a CDL to this chapter before taking the skills test applicant is issued a Class A or Class B individuals who obtain a CLP on or after for a Class A or B CDL, a passenger (P) CDL, or a passenger (P), school bus (S), February 7, 2020, unless they comply or school bus (S) endorsement for the or hazardous materials (H) endorsement, with subpart F of part 380 of this first time or the knowledge test for a whether the applicant has completed subchapter. hazardous materials (H) endorsement the training required by subpart F of ■ 13. Add § 384.235 to subpart B to read for the first time. The training must be part 380 of this subchapter; as follows: administered by a provider listed on the * * * * * Training Provider Registry. (10) Beginning on February 7, 2020, § 384.235 Entry-level driver training provider notification. * * * * * not conduct a skills test of an applicant (e) * * * for a Class A or Class B CDL, or a The State must meet the entry-level (3) Comply with the requirements passenger (P) or school bus (S) driver training provider notification specified in paragraph (b)(8) of this endorsement until the State verifies requirement of § 383.73(p). section to obtain a hazardous materials electronically that the applicant ■ 14. In § 384.301, add paragraph (j) to endorsement; completed the training prescribed in read as follows: (4) Surrender the previous CDL; and subpart F of part 380 of this subchapter. (5) Beginning on February 7, 2020, a * * * * * § 384.301 Substantial compliance— general requirements. person must complete the training (e) * * * prescribed in subpart F of part 380 of (8) Beginning on February 7, 2020, not * * * * * this chapter before taking the skills test issue an upgrade to a Class A or Class (j) A State must come into substantial for upgrading to a Class A or B for the B CDL, or a passenger (P), school bus compliance with the requirements of first time; or adding a passenger or (S), or hazardous materials (H) subpart B of this part and part 383 of school bus endorsement to a CDL for the endorsement, unless the applicant has this chapter in effect as of February 6, first time; or knowledge test for completed the training required by 2017, but not later than February 7, hazardous materials endorsement for subpart F of part 380 of this subchapter. 2020. the first time. The training must be * * * * * Issued under the authority of delegation in administered by a provider on the (p) After February 7, 2020, the State 49 CFR 1.87: November 16, 2016. Training Provider Registry. must notify FMCSA that a training T.F. Scott Darling, III, * * * * * provider in the State does not meet Administrator. ■ 10. Amend § 383.73 by revising applicable State requirements for CMV [FR Doc. 2016–28012 Filed 12–7–16; 8:45 am] paragraph (b)(3) introductory text and instruction. BILLING CODE 4910–EX–P

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