[Federal Register Volume 63, Number 70 (Monday, April 13, 1998)]
[Notices]
[Pages 18069-18071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9689]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. FHWA-98-3409]


Third Party CDL Knowledge and Skills Testing Pilot Project

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of intent to conduct a pilot project; request for 
comments.

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SUMMARY: The Federal Highway Administration is proposing a pilot 
project to evaluate the use of third party testers to administer 
commercial driver's license (CDL) knowledge testing under certain 
conditions. The FHWA is proposing this action in response to requests 
from Arizona, Colorado and Florida. These States desire this added 
flexibility as a means to streamline State Government and improve 
customer services. Upon completion of the pilot project, the FHWA would 
evaluate the results and make a final determination as to whether the 
integrity of the CDL

[[Page 18070]]

knowledge testing process and the security of the testing documents 
could be maintained under the administration of third party testers.

DATES: Comments should be received no later than June 12, 1998.

ADDRESSES: All signed, written comments should refer to the docket 
number that appears at the top of this document and must be submitted 
to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590-0001. All comments received will be available 
for examination at the above address between 10 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Albert Alvarez, Office of Motor 
Carrier Research and Standards, HCS-20, (202) 366-4706, or Ms. Judy 
Rutledge, Office of the Chief Counsel, HCC-20, (202) 366-0834, 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Federal Register 
Electronic Bulletin Board Service at (202) 512-1661. Internet users may 
reach the Federal Register's home page at: http://www.nara.gov/nara/
fedreg and the Government Printing Office's database at: http://
www.access.gpo.gov/su__docs.

Background

    Section 12005 (a) of the Commercial Motor Vehicle Safety Act of 
1986 (the Act), Pub. L. 99-570, 100 Stat. 3207-170, -171 (codified at 
49 U.S.C. 31305(a)), directs the issuance of minimum testing standards 
to ensure the fitness of drivers of commercial motor vehicles (CMV's). 
In general, the standards must include knowledge and skills tests. The 
knowledge test must cover the driver's knowledge of the Federal 
regulations related to the safe operation of CMV's and knowledge of the 
vehicle's safety systems. The skills test must cover basic vehicle 
control skills, safe driving skills, air brake skills, and pre-trip 
inspection skills. At a minimum, applicants for a CDL must pass 
standard knowledge and skills tests.
    Section 12006 of the Act (49 U.S.C. 31308) requires the Secretary 
of the Department of Transportation (the Secretary), after consultation 
with the States, to prescribe minimum uniform standards for issuing 
CDLs, including the requirement to pass written and driving tests 
prescribed under 49 U.S.C. 31305(a). Section 12009 of the Act (49 
U.S.C. 31311) sets the requirements for State participation in the CDL 
program and includes requirements that States adopt the testing and 
licensing standards issued by the Secretary under 49 U.S.C. 31305(a) 
and issue licenses only to individuals who pass written and driving 
tests that comply with minimum standards of the Secretary. Nowhere in 
the Act, however, is there a requirement that States actually 
administer the written and driving tests, nor is there a prohibition 
against contracting out the administration of tests to third parties.
    The original Act, in section 12005(c)(3), specifically provided 
that the States could use third parties to administer driving skills 
tests with grant money then authorized. The Act made no mention of 
third party knowledge testing, and subsection (c) of section 12005, 
when codified at 49 U.S.C. 31312, remained applicable only to basic 
grants for which funding has not been available in several years.
    According to the grant provision in section 12005(c)(3) of the Act, 
a third party may be a person or a department, agency, or 
instrumentality of a local government. The FHWA, in the third party 
skills testing standards (49 CFR 383.75), interpreted this provision to 
include any public or private organization having an agreement with the 
State. Examples of potential third party testers include employers, 
public transit authorities, school boards, and driver training schools.
    States are considering the privatization of driver licensing 
operations through the use of third party providers to perform all or 
part of the licensing process including administration of the CDL 
knowledge tests. State licensing agencies believe that the use of third 
party testers to administer CDL knowledge tests will enable the States 
to reduce their workload and costs while improving customer service. 
The third party testers will bear the time and costs of administering 
the CDL knowledge tests. The States believe that competitive bidding 
for third party contracts will drive down the costs for administering 
the CDL knowledge tests, resulting in a cost savings to the consumers. 
They also believe that customer service will be improved by having more 
testing sites with more flexible hours of service throughout the State. 
This pilot project will enable those participating States to evaluate 
whether or not these beliefs are true.
    The FHWA believes that a State should have the option of allowing 
third party testers to administer knowledge tests so long as the State 
implements proper safeguards to protect the integrity of the knowledge 
testing process and the security of the testing documents. The safety 
purposes of knowledge testing would be compromised if the integrity of 
the process was allowed to break down. The FHWA is proposing a pilot 
project to evaluate the use of third party testers to administer CDL 
knowledge testing under certain conditions.

Pilot Project

    The FHWA proposes an 18-month pilot project, followed by a final 
report by each participating State. The participating States will 
submit their final reports to the FHWA within two months after 
completion of the pilot. The final report will be based on the FHWA's 
evaluation criteria. The FHWA will review and evaluate the project 
results in the submitted reports and make a determination as to whether 
or not to proceed with the rulemaking process to allow all States the 
choice to contract with third party testers to administer the CDL 
knowledge tests.
    The FHWA will require each pilot State applicant to submit a plan 
describing their procedures for conducting the pilot. These procedures 
must be clear and concise and demonstrate that all the pilot project 
conditions specified by the FHWA will be followed.

Pilot State Selection

    The FHWA will select up to six States from those States who submit 
proposals for participation. In making pilot State selections, the FHWA 
will consider the contents of the proposal, including the plan for 
carrying out the pilot, geographic location, and current CDL driver 
population of the State. The FHWA is interested in obtaining a diverse 
group of States for pilot purposes, if practicable.

State Proposal

    States wishing to participate in the pilot project must submit a 
proposal plan that includes the following:

[[Page 18071]]

    1. Selection criteria for third party testing organizations 
(testers), including type of organizations (e.g. driving schools, motor 
carriers, vocational schools, etc.);
    2. Proposed number of third party testers;
    3. Proposed number of examiners per third party tester;
    4. Number of testing sites and identification of their locations;
    5. Applicants third parties will examine (e.g. own employees, truck 
driving school students, etc.);
    6. Training requirements for third party testers and examiners;
    7. Percentage of total tests sites to be administered by third 
party testers;
    8. Estimate of percentage of total tests to be administered by 
third party testers;
    9. Clear and concise procedures for:
    (a) Monitoring third party testers;
    (b) Ensuring safe and secure shipment, receipt and storage of the 
tests;
    (c) Conducting comprehensive background checks on potential third 
party knowledge testers for any violations which might compromise the 
administration of the CDL knowledge test;
    (d) Verifying identity of test applicants;
    (e) Imposing penalties on third party testers and examiners who 
breach test security;
    (f) Monitoring pass/fail rates;
    (g) Collecting evaluation data.
    States participating in the pilot project must agree to participate 
during the entire period of the project. In addition, the States must 
submit quarterly progress reports and a final evaluation report based 
on the FHWA's evaluation criteria.

Security Measures

    As a condition of the proposal, the State must agree to the 
following minimum security measures:
    1. Prohibit use of fax machines, computers or cellular and non-
cellular telephones in the transmission of knowledge tests and/or 
answer keys;
    2. Prohibit test applicants from retaining a copy of the test 
questions or their completed knowledge tests;
    3. Limit test applicant computer access only to programs which 
relate to the actual knowledge tests and test instructions or to 
information relating to the identity of the test applicant.

Quarterly and Final Reports

    Quarterly reports must be submitted within two weeks after the end 
of each quarter. These reports must include the following information 
for the quarter:
    1. Number of third party testers administering the knowledge test;
    2. For each third party tester:
    (a) Number of examiners being used;
    (b) Number of test sites being used;
    (c) Number of knowledge tests administered by type (e.g. general, 
passenger endorsement, tank vehicle endorsement, etc.);
    (d) Pass/fail rates for knowledge tests administered by type.
    (e) Breaches of security, including, but not limited to, testing 
materials being lost, stolen, or improperly secured;
    (f) Incidences of cheating;
    (g) Incidences of examiners found to be undermining the security of 
the written, oral, or automated tests;
    (h) Increases/decreases in the pass/fail rate with an explanation 
for any changes;
    (i) Other problems identified and proposed solutions.
    The final report must be submitted to the FHWA within two months 
after completion of the pilot. This report will be based on the FHWA's 
evaluation criteria. The FHWA will review and evaluate the project 
results in the submitted reports and make a determination as to whether 
or not to proceed with the rulemaking process to allow all States the 
choice to contract with third party testers to administer the CDL 
knowledge tests.

Evaluation Criteria

    The FHWA will evaluate the pilot project based on the following 
criteria:
    1. Data collected in quarterly reports;
    2. Uniformity of training/education preparation of test candidates;
    3. Standardized test administration procedures;
    4. Monitoring of third party testing by the State;
    5. Increases/decreases in pass/fail rates;
    6. Security procedures and practices used by the third party 
testers, focusing on the following elements:
    (a) Monitoring the administration of the knowledge tests at the 
testing site at all times during the test;
    (b) Ensuring the physical and procedural safeguards, for the 
shipment, receipt, and storage of test materials;
    (c) Verifying the identity of test applicants before allowing them 
to begin the testing process;
    (d) Reporting number of candidates found cheating;
    (e) Reporting to the State those examiners who undermine the 
security of written, oral and/or automated knowledge tests;
    (f) Comparative data for State administered knowledge tests for 
items a-e;
    7. Cost/benefit analysis of using third party testers.

Request for Public Comment

    The FHWA requests comments on the proposed third party CDL 
knowledge testing pilot project. The FHWA would also be interested in 
having the following six questions addressed:
    1. Is 18-months sufficient time to conduct and evaluate such a 
pilot?
    2. Should the FHWA consider additional criteria for selection of 
pilot project participants?
    3. Should there be additional evaluation criteria?
    4. Should there be additional security measures?
    5. Should there be any other restrictions on who is authorized to 
be a third party tester and/or examiner?
    6. Should there be a limit on the number of third parties 
conducting CDL knowledge testing within a State during the pilot?
    Based on the comments received on this proposed pilot project, the 
FHWA will develop a solicitation for State proposals to participate in 
the pilot project.

    Authority: 49 U.S.C. 31305; 23 U.S.C. 315; and 49 CFR 1.48.

    Issued on: April 1, 1998.
Gloria J. Jeff,
Deputy Administrator, Federal Highway Administration.
[FR Doc.98-9689 Filed 4-10-98; 8:45 am]
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