[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Proposed Rules]
[Pages 19282-19317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7070]



[[Page 19281]]

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Part II





Department of Transportation





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Federal Motor Carrier Safety Administration



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49 CFR Parts 383, 384, and 385



Commercial Driver's License Testing and Commercial Learner's Permit 
Standards; Proposed Rule

  Federal Register / Vol. 73 , No. 69 / Wednesday, April 9, 2008 / 
Proposed Rules  

[[Page 19282]]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, and 385

[Docket No. FMCSA-2007-27659]
RIN 2126-AB02


Commercial Driver's License Testing and Commercial Learner's 
Permit Standards

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
proposes to revise the commercial driver's license (CDL) knowledge and 
skills testing standards, and to require new Federal minimum standards 
for States to issue commercial learner's permits (CLPs). FMCSA also 
proposes that a CLP holder meet virtually the same requirements as 
those for a CDL holder. This means that a driver holding a CLP would be 
subject to the same driver disqualification offenses as apply to a CDL 
holder. This NPRM responds to section 4019 of the Transportation Equity 
Act for the 21st Century (TEA-21), section 4122 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU), and section 703 of the Security and 
Accountability For Every Port Act of 2006 (SAFE Port Act). The purpose 
of this proposal is to enhance safety by ensuring that only qualified 
drivers are allowed to operate commercial motor vehicles on our 
nation's highways.

DATES: Please submit comments regarding this NPRM by June 9, 2008.

ADDRESSES: Please submit comments by only one of the following 
methods--Internet, facsimile, regular mail, or hand-deliver. Please do 
not submit the same comments multiple times or by more than one method. 
The Federal eRulemaking portal is the preferred method for submitting 
comments, and we urge you to use it.
     Federal eRulemaking Portal: Search the Federal Docket 
Management System (FDMS) Web site at http://www.regulations.gov. In the 
Comment or Submission section, type Docket ID Number ``FMCSA-2007-
27659'', select ``Go'', and then click on ``Send a Comment or 
Submission.'' You will receive a tracking number when you submit a 
comment.
     Mail, Courier, or Hand-Deliver: U.S. Department of 
Transportation, Docket Operations (M-30), West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office 
hours are between 9 a.m. and 5 p.m., ET, Monday through Friday, except 
Federal holidays.
     Telefax: (202) 493-2251.
     Docket: To read all comments and background material in 
the docket, go to http://www.regulations.gov and type ``FMCSA-2007-
27659''.
    Privacy Act: Regardless of the method used for submitting comments, 
all comments will be posted without change to the Federal Docket 
Management System (FDMS) at http://www.regulations.gov. Anyone can 
search the electronic form of all our dockets in FDMS, by the name of 
the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
The DOT's complete Privacy Act Statement was published in the Federal 
Register on April 11, 2000 (65 FR 19476), and can be viewed at the URL 
http://docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Robert Redmond, Office of Safety 
Programs, Commercial Driver's License Division, telephone (202) 366-
5014 or e-mail [email protected]. Office hours are from 8 a.m. to 
4:30 p.m.

SUPPLEMENTARY INFORMATION: This NPRM is organized as follows:

I. Legal Basis for the Rulemaking
II. Background
    A. Summary of This NPRM
    B. History
III. General Discussion of the Issues and Proposals
    1. Strengthen Legal Presence Requirement
    2. Social Security Number Verification Before Issuing CLP or CDL
    3. Surrender of CLP, CDL, and Non-CDL Documents
    4. CDL Testing Requirements for Out-of-State Driver Training 
School Students
    5. State Reciprocity for CLPs
    6. Minimum Uniform Standards for Issuing a CLP
    a. Passing the General Knowledge Test To Obtain a CLP
    b. Requiring the CLP To Be a Separate Document From the CDL or 
Non-CDL
    c. CLP Document Should Be Tamperproof
    d. Recording the CLP in CDLIS
    7. Maximum Initial Validity and Renewal Periods for CLP and CDL
    a. Initial Validity and Renewal Periods for CLP
    b. Initial Validity and Renewal Periods for a CDL
    8. Establish a Minimum Age for CLP
    9. Preconditions To Taking the CDL Skills Test
    10. Limit Endorsements on CLP to Passenger (P) Only
    11. Methods of Administering CDL Tests
    12. Update Federal Knowledge and Skills Test Standards
    13. New Standardized Endorsements and Restriction Codes
    14. Previous Driving Offenses by CLP Holders and CLP Applicants
    a. Holders of a CLP
    b. Applicants for a CLP
    15. Motor Carrier Prohibitions
    16. Incorporate CLP-Related Regulatory Guidance Into Regulatory 
Text
    17. Incorporate SAFE Port Act Provisions
IV. Section-by-Section Discussion of the Proposals
    A. Proposed Changes to Part 383
    1. Section 383.5, Definitions
    2. Section 383.9, Matter Incorporated by Reference
    3. Section 383.23, Commercial Driver's License
    4. Section 383.25, Commercial Learner's Permit
    5. Section 383.37, Employer's Responsibilities
    6. Section 383.51, Disqualification of Drivers
    7. Section 383.71, Driver Application Procedures
    8. Section 383.72, Implied Consent to Alcohol Testing
    9. Section 383.73, State Procedures
    10. Section 383.75, Third Party Testing
    11. Section 383.77, Substitute for Driving Skills Test
    12. Section 383.79, Skills Testing of Out-of-State Students
    13. Section 383.93, Endorsements
    14. Section 383.95, Air Brake Restrictions
    15. Section 383.110, General Requirement
    16. Section 383.111, Required Knowledge
    17. Section 383.113, Required Skills
    18. Sections 383.115, Requirements for Double/Triple Trailers 
Endorsement, 383.117, Requirements for Passenger Endorsement, 
383.119, Requirements for Tank Vehicle Endorsement, 383.121, 
Requirements for Hazardous Materials Endorsement, and 383.123, 
Requirements for a School Bus Endorsement
    19. Appendix to Subpart G
    20. Section 383.131, Test Manuals
    21. Section 383.133, Test Methods
    22. Section 383.135, Passing knowledge and Skills Tests
    23. Subpart J, Commercial Driver's License Document
    24. Section 383.155, Tamperproofing Requirements
    B. Proposed Changes to Part 384
    1. Sections 384.105, Definitions; 384.204, CDL Issuance and 
Information; 384.205, CDLIS Information; 384.207, Notification of 
Licensing; 384.208, Notification of Disqualification; 384.209, 
Notification of Traffic Violations; 384.210, Limitations on 
Licensing; 384.212, Domicile Requirement; Section 384.214, 
Reciprocity; 384.220, Problem Driver Pointer System Information; 
384.225, Record of Violation; 384.226, Prohibition on Masking 
Convictions; 384.231, Satisfaction of State Disqualification 
Requirement; and 384.405, Decertification of State CDL Program
    2. Section 384.206, State Record Checks
    3. Section 384.211, Surrender of Old Licenses

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    4. Section 384.217, Drug Offenses
    5. Section 384.227, Record of Digital Image or Photograph
    6. Section 384.228, Examiner Training and Record Checks
    7. Section 384.229, Skills Test Examiner Auditing and Monitoring
    8. Section 384.301, Substantial Compliance--General Requirements
    C. Proposed Changes to Part 385
V. Regulatory Analyses and Notices

I. Legal Basis for the Rulemaking

    This rulemaking is based on the broad authority of the Commercial 
Motor Vehicle Safety Act of 1986 (CMVSA) (Pub. L. 99-570, Title XII, 
100 Stat. 3207-170, 49 U.S.C. chapter 313); the Motor Carrier Safety 
Act of 1984 (MCSA) (Pub. L. 98-554, Title II, 98 Stat. 2832, 49 U.S.C. 
31136); and the Motor Carrier Act of 1935 (MCA) (Chapter 498, 49 Stat. 
543, 49 U.S.C. 31502). It is also based on section 4122 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, at 1734, 49 
U.S.C. 31302, 31308, and 31309); and section 703 of the Security and 
Accountability For Every Port Act of 2006 (SAFE Port Act) (Pub. L. 109-
347, 120 Stat. 1884, at 1944).
    The CMVSA required the Secretary of Transportation, after 
consultation with the States, to prescribe regulations on minimum 
uniform standards for the issuance of commercial driver's licenses 
(CDLs) by the States and for information to be contained on each such 
license (49 U.S.C. 31305, 31308). The CMVSA also authorized the 
Secretary to adopt regulations for a learner's permit (49 U.S.C. 
31305(b)(2)). Paragraph (c) of 49 CFR 383.23 addresses the learner's 
permit by ratifying the States' regulations on this subject, provided 
they comply with certain Federal requirements. This NPRM is proposing a 
Federal requirement for a commercial learner's permit (CLP) as a pre-
condition for issuing a CDL and proposing various other changes to 
enhance the CDL program. A summary of the proposed changes organized by 
section number appears below in the Section-by-Section Discussion of 
the Proposals.
    The MCSA conferred authority to regulate drivers, motor carriers, 
and commercial motor vehicles (CMVs). It required the Secretary of 
Transportation to ``prescribe regulations on commercial motor vehicle 
safety. The regulations shall prescribe minimum safety standards for 
commercial motor vehicles. At a minimum, the regulations shall ensure 
that: (1) Commercial motor vehicles are maintained, equipped, loaded, 
and operated safely; (2) the responsibilities imposed on operators of 
commercial motor vehicles do not impair their ability to operate the 
vehicles safely; (3) the physical condition of operators of commercial 
motor vehicles is adequate to enable them to operate the vehicles 
safely; and (4) the operation of commercial motor vehicles does not 
have a deleterious effect on the physical condition of the operators'' 
(49 U.S.C. 31136(a)).
    This NPRM, like the CDL regulations, is based in part on the 
requirements of 49 U.S.C. 31136(a)(1) and (2) that CMVs be ``operated 
safely'' and that ``the responsibilities imposed on [CMV drivers] do 
not impair their ability to operate the vehicles safely.'' The changes 
to part 383 proposed in this rule would help to ensure that drivers who 
operate CMVs are legally licensed to do so and that they do not operate 
CMVs without having passed the requisite tests.
    The MCA authorized the Secretary of Transportation to prescribe 
requirements for the ``qualifications * * * of employees'' of for-hire 
and private motor carriers (49 U.S.C. 31502(b)). This NPRM, like the 
CDL regulations, is based in part on that authority and is intended to 
enhance the qualifications of CMV drivers by ensuring that they obtain 
a CLP before applying for a CDL.
    Section 4122 of SAFETEA-LU required the Department of 
Transportation (DOT) to prescribe regulations on minimum uniform 
standards for the issuance of CLPs, as it has already done for CDLs (49 
U.S.C. 31308(2)). More specifically, section 4122 provided that an 
applicant for a CLP must first pass a knowledge test which complies 
with minimum standards prescribed by the Secretary and may have only 
one CLP at a time; that the CLP document must have the same information 
and security features as the CDL; and that the data on each CLP holder 
must be added to the driver's record in the Commercial Driver's License 
Information System (CDLIS).\1\ This NPRM includes each of those 
requirements, as explained later in this preamble.
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    \1\ CDLIS is an information system to exchange commercial driver 
licensing information among all the States. CDLIS includes the 
databases of fifty-one licensing jurisdictions and the CDLIS Central 
Site, all connected by a telecommunications network.
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    Section 703(a) of the SAFE Port Act required the Secretary of 
Transportation to issue regulations implementing the recommendations in 
a memorandum issued by the DOT's Office of the Inspector General (OIG) 
on June 4, 2004, concerning verification of the legal status of 
commercial drivers. Section 703(b) required the Secretary, in 
cooperation with the Department of Homeland Security, to issue a 
regulation to implement the recommendations in a report issued by the 
OIG on February 7, 2006 [``Oversight of the Commercial Driver's License 
Program''] dealing with steps needed to improve anti-fraud measures in 
the CDL program. In a 2002 CDL audit report, the OIG recommended that 
FMCSA require testing protocols and performance oriented requirements 
for English language proficiency. This regulatory proposal incorporates 
all of the OIG's recommendations which are discussed in more detail 
later in the preamble. Many of the operational procedures suggested by 
the OIG for carrying out the recommendations have also been adopted.
    In addition to the specific legal authorities discussed above, 
FMCSA is required, before prescribing regulations, to consider the 
``costs and benefits'' of any proposal (49 U.S.C. 31136(c)(2)(A), 
31502(d)). The Regulatory Flexibility Analysis prepared for this 
proposed rule discusses those issues later in the preamble and more 
comprehensively in a separate document filed in the docket.

II. Background

A. Summary of This NPRM

    The Notice of Proposed Rulemaking (NPRM) proposes the following 
revisions to the CDL knowledge and skills testing standards in response 
to the statutory mandates and OIG recommendations:
(1) Knowledge and Skills Testing Requirements
    Successful completion of the knowledge test, currently a 
prerequisite for the CDL, would be required before issuance of the CLP. 
The NPRM would incorporate by reference the latest American Association 
of Motor Vehicle Administrators' (AAMVA) Model Test package for 
knowledge and skill standards. It would include a prohibition on use of 
foreign language interpreters in the administration of the knowledge 
and skills tests, to reduce the potential for fraud.
(2) Issuance of and Standards for CLPs and CDLs
    The NPRM would specifically require that each applicant obtain a 
CLP and hold it for a minimum of 30 days before applying for a CDL. It 
would establish a minimum age of 18 for issuance of a CLP. The CLP 
would have to be a separate document from the CDL or non-commercial 
driver's license (non-

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CDL \2\ ), would have to be tamperproof to the extent possible, and 
would have to include the same information as the CDL. The only 
endorsement allowed on the CLP would be a restricted passenger (P) 
endorsement. Each State would be required to create a CDLIS record for 
each CLP it issues.
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    \2\ A ``non-CDL'' is any other type of motor vehicle license, 
such as an automobile driver's license, a chauffeur's license, or a 
motorcycle license.
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    Before issuing a CLP to a driver, the issuing State would be 
required to perform a check of the driver's previous driving record 
using both CDLIS and the Problem Driver Pointer System (PDPS) to ensure 
the driver is not subject to the sanctions of Sec.  383.51, based on 
previous motor vehicle violations. Discovery of such sanctions would 
result in the State's refusal to issue a CLP to the driver.
    The NPRM would strengthen the legal presence requirements and 
increase documentation required for CLP and CDL applicants to 
demonstrate their legal presence in the United States, as discussed 
under section III.1, below. For example, State driver's license 
agencies would be required to verify the applicant's Social Security 
Number with the Social Security Administration (SSA). The NPRM would 
also address applicants who wish to attend a driver training school in 
a State other than the applicant's State of domicile. States would be 
required to recognize CLPs issued by other States for training 
purposes. The NPRM would limit the initial and renewal periods for both 
CLPs and CDLs. It would clarify under what circumstances an applicant 
must surrender the CLP, CDL, or non-CDL. It would also require all 
States to use standardized endorsement and restriction codes on CDLs.
    Many of the program areas and issues dealt with in this NPRM are 
also addressed in the Department of Homeland Security's (DHS) final 
rule implementing the REAL ID Act (``Minimum Standards for Driver's 
Licenses and Identification Cards Acceptable by Federal Agencies for 
Official Purposes,'' 73 FR 5272, January 29, 2008, codified in 6 CFR 
part 37). Although FMCSA and DHS have coordinated efforts to write 
regulations that neither overlap nor conflict, the statutes underlying 
these two rules serve different purposes and apply to distinct kinds of 
licenses and driver populations. FMCSA welcomes suggestions for 
clarifying both the commonalities between this rule and the REAL ID 
rule and the differences between them. For example, we recognize that 
certain REAL ID requirements exceed those proposed in this rule and 
that a State in compliance with the former would automatically comply 
with the latter. In this situation, one alternative would be to adopt 
the REAL ID requirements, either verbatim or by reference, into the 
FMCSRs.
    FMCSA recognizes that further harmonization with the REAL ID rule 
may be needed before adopting a final rule. We welcome all suggestions 
consistent with the requirements of the CDL program which would help us 
achieve that goal. We are especially interested in comments from the 
States, which have the primary responsibility for complying with the 
FMCSA and DHS requirements and the greatest expertise in managing 
licensing programs. Their views on the possibility of adopting the 
language of the REAL ID rule for various requirements in this 
regulation would be valuable.
(3) Measures for Prevention of Fraud
    The NPRM would include proposed requirements intended to improve 
the ability of States to detect and prevent fraudulent testing and 
licensing activity in the CDL program. These measures would include the 
following:
    [cir] Requiring verification of social security numbers.
    [cir] Requiring CLP and CDL applicants to prove legal presence in 
the United States.
    [cir] Requiring that a digitized photo of the driver be preserved 
by the State driver licensing agency.
    [cir] Requiring computer system controls to allow overrides by 
supervisory personnel only.
    [cir] Requiring background checks and formal training for all test 
driving examiners.
    [cir] Requiring the establishment of oversight systems for all 
examiners and testers (including third-party).
    [cir] Disallowing the use of language interpreters for the 
knowledge and skills tests.
    In addition proposed amendments to part 384 would require these 
items to be reviewed whenever FMCSA conducts a CDL compliance review of 
the State program. States found in substantial non-compliance with 
these fraud control measures, as well as the other requirements of part 
384, would be subject to the loss of Federal-aid highway funds.
(4) Other Regulatory Changes
    The proposed rule would specifically prohibit a motor carrier from 
using a driver to operate a CMV who does not hold a current and 
appropriate CLP or CDL or to operate a vehicle in violation of the 
restrictions on the CLP or CDL. Also, it would incorporate into the 
regulations current FMCSA guidance (available on the Agency's Web site, 
under ``Guidance for Regulations,'' at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.htm, related to issues 
addressed by this rulemaking. Finally, there would be numerous minor 
editorial corrections and updates.

B. History

    The CDL program was established by the Commercial Motor Vehicle 
Safety Act of 1986. Parts 383 and 384 of Title 49, Code of Federal 
Regulations, implement the CMVSA requirements. The CMVSA prohibits any 
person who does not hold a valid CDL or learner's permit issued by his 
or her State of domicile from operating a CMV that requires a driver 
with a CDL. The prohibition further affects driver training activities 
by limiting trainees to their State of domicile to (1) receive training 
and behind-the-wheel experience, and (2) take the knowledge and skills 
tests necessary to be issued a CDL. This outcome creates problems 
because commercial driver training facilities and the type of training 
needed are not equally available in all States.
    To address this and other issues, such as a lack of uniformity in 
the duration of learner's permits, associated driver history 
recordkeeping, and test reciprocity among States, the Federal Highway 
Administration (FHWA) published an NPRM on August 22, 1990 (55 FR 
34478). (Note: In the discussion below, the responsible agency is 
referred to as the FMCSA, regardless of whether the action described 
occurred before or after the transfer of responsibility from FHWA to 
FMCSA in January 2000.)
    Since the 1990 NPRM, major changes have occurred in the CDL program 
through other rulemakings, regulatory guidance, legislation, and policy 
decisions. For example, the September 11, 2001, terrorist attacks 
prompted Congress and FMCSA to expand the scope of the CDL program to 
include issues related to fraud and security. The issuance of CDLs to 
unqualified persons and persons with false identities significantly 
complicated detection and prevention of fraud. All of these major 
changes made the 1990 proposal obsolete. Thus, FMCSA withdrew the 1990 
NPRM on February 23, 2006 (71 FR 42741). The current rulemaking effort 
revisits these issues and proposes regulatory changes to implement 
section 4019 of TEA-21, section 4122 of SAFETEA-LU, and section 703 of 
the SAFE Port Act.

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III. General Discussion of the Issues and Proposals

    FMCSA identified 17 issues to be addressed in the NPRM. This 
section includes a description of each issue, alternatives considered 
to address the issue, and FMCSA's proposed solution. This section also 
identifies the sections in 49 CFR parts 383 and 384 that would be 
amended. A summary of the regulatory changes organized by section 
number appears below in the Section-By-Section Discussion of the 
Proposals.

1. Strengthen Legal Presence Requirement

    Virtually all States currently issue CLPs and CDLs to U.S. citizens 
and persons with permanent legal presence in the country who may not be 
domiciled (i.e., permanent home and principal residence) in their 
State. CLPs and CDLs are also being issued to persons who have 
temporary legal presence in the country and are, therefore, domiciled 
in a foreign country.
    On June 4, 2004, the DOT OIG issued a Management Advisory on the 
need for FMCSA to establish a legal presence requirement for obtaining 
a CDL. The OIG recommended, at a minimum, requiring proof of 
citizenship, or permanent residency or legal presence in the United 
States before a State issues a CDL. The OIG recommended that this 
requirement be made part of the licensing regulations, and FMCSA 
proposes in the NPRM to require an applicant for a CLP to make a 
similar demonstration.
    Although ``domicile'' is not defined in parts 383 or 384, ``State 
of domicile'' is defined in Sec.  383.5 to mean that State ``where a 
person has his/her true, fixed, and permanent home and principal 
residence and to which he/she has the intention of returning whenever 
he/she is absent.'' If a State requires proof of domicile as a 
prerequisite for a learner's permit, then those applicants who can 
demonstrate that they permanently live in the State, i.e., U.S. 
citizens and lawful permanent residents, would be successful.
    A related issue is the documentation that would be acceptable as 
proof of domicile. Presumably, the States recognize their own non-CDLs 
or other evidence of a home or residence in the State, for example, a 
utility bill. While many States take precautions to check an 
applicant's record, such as conducting Social Security Number (SSN) 
verification, this demonstration of domicile can be made by an 
applicant who does not qualify. In some cases, both U.S. and non-U.S. 
citizens might be able to meet residency requirements using a driver's 
license or showing of residence that masks lack of domicile and/or 
citizenship or legal status. Currently, levels of documentation for 
residency are not uniform or stringent enough to meet the OIG's 
standards of legal presence.
    The list of acceptable documents to show proof of citizenship or 
immigration status for obtaining a hazardous materials endorsement 
(Table 1 to Sec.  383.71) could be adopted for all issuances of a CLP 
and CDL. An additional method for proving identity and reducing fraud 
is verifying applicants' SSNs with the Social Security Administration 
(SSA), which is discussed under Issue 2.
    The NPRM proposes to reinforce ``State of domicile,'' as currently 
defined in the regulations, as the basis for the States' actions to 
issue CLPs and CDLs. The NPRM revises the regulations to specify that a 
State may only issue a CLP or CDL to an applicant who is a U.S. citizen 
or a lawful permanent resident of the United States. Applicants 
domiciled in a foreign country, other than Canada and Mexico, who have 
temporary or indefinite legal presence in the country may be issued a 
Nonresident CLP or Nonresident CDL (regulations preclude issuing 
Nonresident licenses to Canada and Mexico). The NPRM also requires an 
applicant to demonstrate legal domicile (not just prove legal 
presence), and to present certain documentation to obtain a Nonresident 
CLP and CDL. To accomplish this goal, FMCSA adopts OIG recommendations 
for document verification for all CLP and CDL drivers, that is, the 
same document verification process as is required for hazardous 
materials (hazmat) endorsements under Sec.  383.71(a)(9).
    These requirements for verification, along with other OIG 
recommendation for verifying Social Security Numbers, would help to 
reduce the incidence of fraud in the CDL program. FMCSA proposes to 
revise Sec. Sec.  383.71 and 383.73 to address this issue.

2. Social Security Number Verification Before Issuing CLP or CDL

    When a CLP or CDL is issued to an applicant, it is important to 
verify that the information provided on the application form is 
accurate, and that the person submitting the application is who he or 
she claims to be. FMCSA has provided CDL grant funds to encourage 
States to verify social security numbers (SSNs) when issuing CDLs. 
Currently, 45 States perform at least limited verification of SSN, 
name, and date of birth with the Social Security Administration (SSA).
    FMCSA considered two alternatives for SSN verification. First, take 
no action.
    Second, the CLP and CDL issuance procedures should require States 
to verify certain identifying information (e.g., name, date of birth, 
and SSN) submitted on the license application with the information on 
file with the SSA. The States would be prohibited from issuing, 
renewing, upgrading, or transferring a CLP or CDL if the SSA database 
does not match the data provided by the applicant. This should provide 
an effective safeguard against issuing CLPs or CDLs to applicants who 
apply for a CLP or CDL based on fraud.
    FMCSA proposes the second alternative because approximately 45 
States currently conduct SSN verification for CDL applicants. Thus, 
requiring SSN verification for both CLPs and CDLs would appear to 
impose no additional burden on the majority of States; nor would it 
appear to be an unreasonable burden on those States that do not 
currently subject CLP or CDL applicants to SSN verification.
    Verification of SSN can be accomplished electronically through both 
individual and batch methods with minimum administrative cost or burden 
to States. The SSN verification would only have to be performed once on 
a CLP or CDL applicant if a notation is placed on the driver record 
that the verification had been done and the results matched information 
provided by the applicant.
    The OIG mentioned fingerprinting as an alternative to a more 
thorough verification of SSNs, rather than as a program that should be 
undertaken in parallel with SSN verification. FMCSA is not proposing to 
require States to perform fingerprinting of CLP or CDL applicants at 
this time because the cost of fingerprinting is significantly higher 
than the cost of electronic verification of SSNs. Furthermore, the 
incremental benefits in terms of security do not appear to justify the 
cost in terms of equipment, training, and staffing, necessary to 
develop a fingerprinting program for each State. Thus, FMCSA proposes 
to add a provision to Sec.  383.73. FMCSA believes that its proposed 
revision adequately addresses OIG concerns.

3. Surrender of CLP, CDL, and Non-CDL Documents

    Currently, Sec. Sec.  383.71 and 383.73 require the surrender of an 
existing license only when a CDL is being issued and the license it is 
replacing is either a non-CDL or a CDL from out of State.

[[Page 19286]]

There is no requirement in the current regulations that requires a 
driver to surrender (1) his or her license when being issued a CDL, if 
the license is from the same State that is issuing the CDL, (2) his or 
her CLP when it is being renewed or upgraded or a CDL is issued, or (3) 
an old CDL when the CDL is renewed or upgraded to add a new endorsement 
or class of license to the new CDL. Although some States do require the 
surrender of the old CDL when it is renewed or upgraded, sometimes the 
old CDL is returned to the driver with a corner cut off or a hole 
punched in it as indication of invalidating the old document. In some 
cases, the hole is punched on the expiration date making it impossible 
for law enforcement to determine whether it is a valid license. Better 
stewardship requirements are needed for the surrender of all non-CDLs, 
CLPs, and previously issued CDLs when a new CDL is issued.
    FMCSA proposes to amend Sec. Sec.  383.71, 383.73, and 384.211, and 
to add proposed Sec.  383.25, to expand the current surrender 
requirements to include any transaction where a CLP is being upgraded 
or a CDL is being initially issued, upgraded, or transferred. FMCSA 
also proposes to incorporate into its regulations, the regulatory 
guidance posted on the Agency's Web site for Sec.  383.73 question 11 
and Sec.  384.211 question 1 on stewardship requirements for 
surrendered CDLs and to apply it to all of the above-mentioned 
transactions. This guidance allows licensing jurisdictions to meet the 
stewardship requirements for surrendered licenses by physically marking 
the license in some way as not valid and returning it to a driver. The 
document must be perforated with the word ``VOID'' or with holes large 
enough to make it easily identifiable to a casual observer as an 
invalid document. Punching a hole through the expiration date is not 
sufficient. Thus, in the case of renewed CDLs, if a State requires the 
surrender of the old CDL, the stewardship requirements must be 
followed.

4. CDL Testing Requirements for Out-of-State Driver Training School 
Students

    Current regulations (Sec. Sec.  383.23(a)(2) and 384.212) allow a 
jurisdiction to license a driver only if the driver is ``domiciled'' in 
that jurisdiction. Drivers who temporarily go to another jurisdiction 
to receive driver training cannot legally obtain either a CLP or a CDL 
from the jurisdiction in which the training occurs because they are not 
``domiciled'' in that jurisdiction. Further, some States do not 
recognize an out-of-State CLP for on-the-road training.
    Motor carriers and driver training schools advertise that they will 
assist drivers in obtaining CDLs upon completion of their training 
programs. Many training entities provide their students with a 
representative CMV for use in taking the skills test, and a driver with 
a CDL to accompany the student to the skills test location. Generally, 
these organizations can provide such a representative vehicle only 
within the jurisdiction in which the carrier's training facility or the 
school is located, i.e., the jurisdiction where the training is given. 
The driver holding a CLP who has left his/her State of domicile and 
licensure to obtain training then must return to his or her State of 
domicile and licensure to complete the skills testing. This presents 
the challenge of finding a vehicle that represents the type a driver 
expects to operate and finding a driver with a currently valid CDL to 
accompany the driver to the skills test location. Further, the costs 
associated with obtaining the vehicle and accompanying driver can be 
considerable, estimated at $150 to $200 per day. Finally, the applicant 
for a CLP or CDL must also meet the insurance requirements for using 
the representative vehicle when that cost is not borne by the employing 
motor carrier or a training school.
    Another problem with the existing system is the perceived 
inconsistency of State approaches to issuing CLPs or accepting 
knowledge or skills testing from other jurisdictions.
    FMCSA considered two alternatives based on issuance of a CLP after 
a demonstration of the applicant's State of domicile. First, after 
successful completion of a knowledge test, a person who holds a non-CDL 
in his or her State of domicile (or who holds a CDL that he/she wishes 
to upgrade) could obtain a CLP from that State of domicile and receive 
skills training in any State. The CLP would be recognized in all States 
in the same manner as CDLs. Upon successful completion of a skills test 
out of State, the driver could surrender both the CLP and the 
underlying CDL \3\ or non-CDL to the State of training and receive a 
temporary, non-renewable, Nonresident CDL which would expire in 60 or 
90 days. During this 60- to 90-day period the driver would return to 
his or her State of domicile to obtain a permanent CDL. The temporary 
Nonresident CDL would be recognized by the State of domicile.
---------------------------------------------------------------------------

    \3\ Assuming the driver already has a CDL, but is training to 
upgrade his/her CDL to a higher class (i.e. Group C to B) or to add 
an endorsement that requires skills testing (i.e. passenger 
endorsement).
---------------------------------------------------------------------------

    However, this alternative is dependent upon whether the State in 
which the training is provided has the desire and authority to issue a 
Nonresident CDL. Other new CLP requirements in the NPRM would decrease 
the vulnerability to fraudulent licensing practices under this 
alternative. FMCSA would maintain the ``one-driver, one-license, one-
record concept'' by proposing to link an underlying non-CDL to the 
issuance of a CLP and require both from the driver's State of domicile. 
Also, when the CLP and non-CDL are surrendered, the State of training 
temporarily becomes the State of licensure because the driver's records 
are transferred to that State.
    Under the second alternative, a person who holds a CDL or non-CDL 
in his or her State of domicile could obtain a CLP from that State and 
obtain training in any State. A person would take the skills test in 
the State where the training was conducted. The State of training would 
send the skills test results to the State of domicile. The State of 
domicile would accept the results of the skills test and issue a CDL 
when the student returns to his or her State of domicile. This 
alternative is based upon a driver's State of domicile accepting the 
results of a CDL skills test taken out-of-State. The problem with this 
alternative results from the States' perceived lack of standardization 
of skills testing and potential for fraudulent testing. Consequently, 
some States might be reluctant to accept the liability of issuing a CDL 
based on the results of an out-of-State CDL skills test. This 
alternative involves reciprocity of skills testing results. FMCSA is 
confident that the new proposed skills test standards would provide the 
States with a basis for accepting another State's test results.
    FMCSA proposes to revise Sec.  383.23(c) to reflect the second 
alternative. Current paragraph (c) and other issues that are exclusive 
to the CLP would be redesignated as new Sec.  383.25. FMCSA believes 
that the proposed revisions to the minimum standards for knowledge 
testing in subparts G and H of Part 383 would provide a basis for a 
State to accept another State's knowledge testing and CLP for the 
purpose of allowing the driver to participate in skills training out-
of-State.

5. State Reciprocity for CLPs

    Currently, Federal CDL regulations are silent on whether a CLP must 
be recognized by other States. This situation has caused some States to 
recognize an out-of-State CLP when the

[[Page 19287]]

holder is taking commercial driver training in their State, while other 
States have said the student can only take commercial driver training 
if the CLP is also from that State. Some States, even though they do 
not recognize a CLP from another State for training purposes, will 
issue an out-of-State student a CLP and establish a driver record, but 
allow the student to maintain his or her base license and driving 
record from his/her State of domicile.
    FMCSA proposes to amend Sec.  383.73(h), which would be 
redesignated as Sec.  383.73(l), by adding a new requirement for CLP 
reciprocity. In order to maintain the ``one driver, one license, one 
driving record concept'' of the CDL program and to establish uniformity 
in the issuance of CLPs, the CLPs would only be issued by the State of 
domicile; but the CLP must be recognized for training purposes by all 
other States in the same manner as CDLs are recognized under Sec.  
383.73(h).

6. Minimum Uniform Standards for Issuing a CLP

a. Passing the General Knowledge Test To Obtain a CLP
    Currently, some States do not require a knowledge test as a 
prerequisite to issuing a CLP. In its May 2002 audit report ``Improving 
Testing and Licensing of Commercial Drivers,'' the OIG recommended that 
FMCSA require applicants to pass a knowledge test to obtain a CLP. 
Section 4122 of SAFETEA-LU mandates CLP applicants pass a written test 
before the CLP is issued.
    FMCSA proposes that every commercial driver-trainee be required to 
successfully complete the CDL knowledge tests before being issued a 
CLP. A driver who holds a valid non-CDL in his or her State of domicile 
would obtain a CLP from the State of domicile upon successful 
completion of a general CDL knowledge test. The proposal to require 
knowledge testing for all persons applying for a CLP is addressed in 
Sec.  383.25 and proposed amendments to Sec. Sec.  383.71 and 383.73. 
This requirement would provide for a safer driving environment by 
ensuring that a student demonstrates basic knowledge of operating a CMV 
before he or she gets behind the wheel.
b. Requiring the CLP To Be a Separate Document From the CDL or Non-CDL
    States vary in the type of document that serves as a commercial 
learner's permit and the relationship of the commercial learner's 
permit to a CDL or non-CDL. In extreme cases, a non-CDL serves as the 
CLP and, once the driver passes the skills test, as a temporary CDL. 
Standardizing the CLP is a key component of this NPRM.
    FMCSA proposes to establish the central requirement that the CLP be 
a separate document from the CDL or non-CDL. The CLP document would 
have to meet much the same requirements as a CDL document, but with the 
words ``Commercial Learner's Permit'' or ``CLP'' displayed prominently 
at the top. FMCSA also proposes that the restriction codes, vehicle 
group, and endorsement for which the driver has passed knowledge tests 
should be printed on the CLP document, as well as the license number of 
the underlying CDL or non-CDL. FMCSA also proposes that the CLP 
document include the statement that the permit is not valid for driving 
a CMV unless the driver also has on his/her possession the underlying 
CDL or non-CDL and only drives when accompanied by a valid CDL holder. 
More information about the proposal that the CLP be a separate 
document, but tied to the underlying CDL or non-CDL, is addressed in 
proposed Sec.  383.25 and amendments to Sec. Sec.  383.151 and 383.153.
c. CLP Document Should Be Tamperproof
    The States permit a variety of documents to serve as CLPs. Some 
States issue paper documents that would be easy targets for tampering. 
To narrow the range of documents that serve this purpose and to improve 
security, section 4122 of SAFETEA-LU requires that the CLP be 
tamperproof and the content of the CLP document be the same as the 
content of the CDL document. The CLP would state that without the 
underlying State CDL or non-CDL the CLP is invalid. The license number 
of the underlying CDL or non-CDL would be displayed on the CLP.
    FMCSA proposes to add a definition for ``CLP'' and ``Nonresident 
CLP'' to Sec.  383.5 (Definitions). Substantive information 
requirements for the CLP would be analogous to the information required 
for a CDL and Nonresident CDL; and the term ``Commercial Learner's 
Permit'' or ``CLP'' must be prominently displayed on the document. If 
the person being issued a CLP is domiciled in a foreign jurisdiction, 
other than Canada or Mexico, the word ``Nonresident'' must also appear 
on the CLP.
    FMCSA also proposes that a photograph or digitized image of the 
driver, the appropriate vehicle group, endorsement, and restriction 
codes must be shown on the CLP document. The proposed Sec. Sec.  
383.153 and 383.155 reflect these changes.
d. Recording the CLP in CDLIS
    Current State policies make it possible for a driver to obtain a 
CLP from more than one State, because only about half the States create 
a CLP driver record in CDLIS. To address this problem, the OIG 
recommended that, the CLP be recorded in the CDLIS, and section 703 of 
the SAFE Port Act required the Agency to implement the report that 
included the recommendation. In addition, section 4122 of SAFETEA-LU 
requires the inclusion of the CLP in CDLIS.
    Because the CLP together with an underlying non-CDL is a form of 
CDL for training when the driver is accompanied by a CDL holder, it is 
important that the CLP be subject to the same recordkeeping 
requirements as a CDL (49 CFR 383.23(c)). Moreover, these recordkeeping 
provisions would aid in the administration of nationwide CLP 
reciprocity and ensure uniform application of disqualifications to CLP 
holders. FMCSA has determined that the CDLIS has the capacity to handle 
the additional entries that are anticipated as a result of this 
proposal. Finally, the provision fulfills the OIG recommendation and 
SAFETEA-LU requirement that CDLIS be notified of all CLPs issued.
    FMCSA proposes to amend Sec. Sec.  383.71, 383.73, 384.205, 
384.206, 284.207, and 384.225 to create a CDLIS record for a CLP and to 
require posting all CLP transactions to CDLIS.

7. Maximum Initial Validity and Renewal Periods for CLP and CDL

a. Initial Validity and Renewal Periods for CLP
    The general principle behind limiting the duration of a CLP and 
restricting the number of times it can be renewed without retaking the 
general CDL knowledge and endorsement tests is public safety on the 
highway. Every CLP holder is expected to demonstrate the minimum level 
of requisite skills in a test situation and obtain a CDL within a 
reasonable period of time (Sec.  383.25(d)). If the CLP holder does not 
obtain the CDL within a reasonable period of time, it could be an 
indication that the CLP holder is having difficulty developing the 
required skills to handle a CMV safely. Consequently, a protracted 
learning period for a CLP holder could pose a safety hazard on the 
nation's public roads and highways. Therefore, it is important to 
closely monitor CLP holders to determine if they might be experiencing 
any safety problems. Such monitoring could be accomplished by checking 
the driver

[[Page 19288]]

record prior to granting a renewal of the CLP.
    Some States, such as Alabama, are considering issuing CLPs for the 
same period as licenses, 5 years. When a CLP is issued for a lengthy 
period of time, it has been used illegally in some cases as a CDL in a 
co-driver situation, while the CDL holder is in the sleeper berth.
    FMCSA considered two alternatives for limiting the initial issuance 
and renewal periods for CLPs.
    First, a commercial driver training program including classroom and 
behind the wheel training usually takes 6 to 8 weeks. Considering that 
some students may need additional behind the wheel experience before 
taking the skills test for a CDL, a CLP valid for 90 days would be 
reasonable. Likewise, some driver-students may not pass the skills test 
on the first attempt and scheduling a retest may take several weeks. In 
that situation, the students would be allowed to renew their CLP for an 
additional 90 days without having to retake the general and endorsement 
knowledge tests.
    Under the second alternative, FMCSA recognizes that not all CLP 
holders take formal training at a commercial driving school. They may 
need more time (e.g., 180 days) to pass the skills test because they 
are not training and practicing behind-the-wheel skills on a full time 
basis as they would in a formal training program. Therefore, FMCSA 
could propose a CLP be valid for 180 days. Again, some driver-students 
may not pass the skills test on the first attempt and scheduling a 
retest may take several weeks, so the students could be allowed to 
renew their CLP for an additional 90 days without having to retake the 
general and endorsement knowledge tests.
    FMCSA believes public safety demands a limitation on the time 
allowed for a student to obtain a CDL without having to start the 
process over by retaking the general and endorsement knowledge tests. 
There is also concern that limiting initial validity to a short period 
of time (e.g., 90 days) puts an undue burden on both the driver and the 
State licensing agency in processing more renewals. Therefore, FMCSA 
proposes the second alternative and proposes to add new Sec.  383.25 
and to amend Sec. Sec.  383.71 and 383.73.
b. Initial Validity and Renewal Periods for a CDL
    The States vary in their initial duration and renewal periods for 
CDLs. The trend has been to expand the time periods in order to handle 
more drivers with the same staff and budget. In New York, for example, 
the renewal period for a driver's license, including CDLs, has gone 
from 5 years to 8 years. In Arizona, for example, all driver's 
licenses, including CDLs, do not have to be renewed until the driver 
turns 65 years old.
    The ever increasing length of initial and renewal periods for CDLs 
is defeating the purpose of renewal. The renewal process allows the 
driver to update information on the license and the State to update 
this information on the electronic driving record, place a new 
photograph on the license, check the driving record (i.e. current State 
of licensure, CDLIS, and Problem Driver Pointer System (PDPS)), and, in 
the case of the hazardous materials endorsement, require the driver to 
retake the test required by Sec.  383.71.
    FMCSA considered two alternatives for limiting the initial term and 
renewal periods for CDLs.
    Under the first alternative, the current average validity period 
for a license in the United States is slightly under 5 years. Some 
States use periods as low as 2 years and others use 8 years; a few 
licenses remain valid to age 65. Since the hazardous materials 
endorsement threat assessment must be performed at least every 5 years 
in accordance with a Transportation Security Administration interim 
rule, the initial and renewal periods could be set at a maximum of 5 
years to bring the CDL renewal and threat assessment cycles into 
agreement. This would promote uniformity among the States and limit the 
escalating length of validity periods. However, FMCSA recognizes that 
States with periods over 5 years may object because they could not 
handle more frequent transactions with current staffing and budget 
levels.
    Under the second alternative, while the current average validity 
period for a license in the United States is just under 5 years, the 
number of drivers is increasing. Therefore, States would need some 
flexibility to extend the validity periods to accommodate the increase 
with current staffing and budget levels. Except for Arizona and 
Georgia, we know of no State that currently has an initial and renewal 
period greater than 8 years. An 8-year period is also the renewal 
period DHS has adopted in its final rule to implement the REAL ID Act. 
By proposing an 8-year maximum renewal period, FMCSA agrees with the 
DHS requirements for all drivers' licenses. An 8-year period would 
provide most States the flexibility to expand beyond 5 years. At the 
same time, it would still promote highway safety by placing a cap on 
the maximum validity periods and preventing more States from following 
Arizona's lead by eliminating any renewal until age 65. At least once 
every eight years, the driver would update information on the license 
and the State would update this information on the electronic driving 
record, place a new photograph on the license, and check the driving 
record.
    FMCSA proposes the second alternative, and Sec. Sec.  383.71 and 
383.73 would be modified.

8. Establish a Minimum Age for CLP

    An individual is not eligible to operate a CMV in intrastate 
commerce before age 18 (49 CFR 350.341(f)), and in interstate commerce 
before 21 years (49 CFR 391.11(b)(1)), except for those persons either 
excepted or exempted under 49 CFR 390.3(f), 391.2 and subpart G of part 
391. Despite this fact, some States are currently issuing CLPs to 
applicants younger than 18 years of age. As a result, an individual who 
cannot operate a CMV in intrastate or interstate commerce is allowed to 
train and obtain behind-the-wheel experience in a CMV under the age of 
18.
    FMCSA considered two alternatives for setting a minimum age for 
issuing a CLP. First, to avoid the inconsistency between States for 
setting the minimum age for operating a CMV with a CLP, FMCSA could 
recommend that an applicant for a CLP be at least 18 years old. The age 
limit is especially important if a CLP holder, as proposed, would be 
granted reciprocity to drive in another State while training.
    The second alternative is the same as the first alternative. 
However, the exceptions and exemptions to the 21 years of age 
requirement for interstate commerce under 49 CFR 390.3(f), 391.2, and 
subpart G of part 391 would also be recognized for the issuance of a 
CLP.
    FMCSA proposes the second alternative to be consistent with the 
exceptions and exemptions from age requirements granted in Parts 390 
and 391 to operate in interstate commerce and, if adopted by the State, 
in intrastate commerce. A provision would be added to new Sec.  383.25 
and to Sec.  383.71 to specify a minimum age requirement with limited 
exceptions.

9. Preconditions To Taking the CDL Skills Test

    Currently, issuance of a CLP is not a precondition for issuance of 
a CDL. Therefore, a CDL applicant could legally obtain behind-the-wheel 
training on any public or private road without a CLP. Also, there is 
the issue of applicants without a CLP getting less than two weeks 
training at so called ``CDL mills rather than 6 to 8 weeks of training 
that

[[Page 19289]]

teaches them to properly operate a CMV.
    In addition, the CLP holder should not be eligible to take the CDL 
skills test in the first 30 days after initial issuance of the CLP, 
because it affords the applicant an opportunity to obtain skills 
training and to practice what he or she is taught. This 30-day 
prohibition on taking the skills test may also have an effect on the 
training period and thoroughness of the curriculum being taught at the 
CDL mills, because of the interval between the general training to pass 
the knowledge test for a CLP and the point at which the driver is 
eligible to take the skills test.
    FMCSA proposes to add these conditions in Sec.  383.25 and to amend 
part 383, subpart H. The Agency has published a NPRM (72 FR 73226, 
December 26, 2007) that would require that applicants for a CDL obtain 
training that meets specific curriculum requirements. The entry level 
driver training requirement (RIN 2126-AB06) would work together with 
the requirements in this rulemaking to ensure that applicants for a CDL 
have received adequate training and have had adequate opportunity to 
learn safe driving skills behind the wheel of a CMV. The comment period 
for the Agency's entry-level driver training rule expires on May 23, 
2008 (73 FR 15471, March 24, 2008).

10. Limit Endorsements on CLP to Passenger (P) Only

    This rule proposes that persons who are learning to drive a CMV 
with a CLP should not operate specialized vehicles (e.g., double/triple 
trailers or tank vehicles) or carry dangerous or high-value cargo (such 
as hazardous materials or passengers) before they acquire basic 
knowledge and skills.
    However, some States issue endorsements on their CLPs, or allow 
drivers to train on CMVs that require an endorsement without the need 
for the endorsement on the CLP or CDL. Section 383.93 requires a driver 
to pass the general knowledge and skills test for a CDL before being 
eligible to add endorsements for double/triple trailers, passenger 
vehicles, tank vehicles, vehicles used to transport hazardous 
materials, and school buses. While all endorsements require a knowledge 
test specific to the endorsement, only the passenger (P) endorsement 
under Sec.  383.93(c)(2) and the school bus (S) endorsement under Sec.  
383.93(c)(5) require successful completion of both a knowledge and 
skills test. Thus, only the P and S endorsements require the applicant 
to obtain behind-the-wheel experience to prepare to pass the skills 
test.
    FMCSA proposes that only the P endorsement be allowed on the CLP 
after the driver successfully passes the endorsement knowledge test. We 
further propose that the CLP holder with the P endorsement be 
prohibited from driving a CMV carrying passengers. While the S 
endorsement requires skills training to pass the skills test, it is 
only needed when the driver is actually transporting students. Thus, 
there is no need to have the S endorsement on the CLP when training for 
the CDL because it would not be a safe practice to allow driver 
trainees to transport students. If the applicant is training on a 
school bus, the endorsement knowledge test must be passed and noted on 
the driver's record.
    FMCSA also proposes that the P endorsement on the CLP be class 
specific. The driver can only undergo skills testing in a class of 
passenger vehicles or school bus for which he or she has passed 
knowledge training. This requirement is similar to what is required for 
P or S endorsements as CDL upgrades. The CLP holder must also be 
accompanied and directly supervised by a driver qualified for such a 
vehicle type.
    No other endorsements should be allowed on a CLP for safety 
reasons. The hazardous materials (H) endorsement is currently 
prohibited for security reasons. FMCSA sees no justification for 
allowing CLP holders to train on double/triple vehicles, tank vehicles, 
and vehicles carrying hazardous materials. Drivers wishing to develop 
skills on these vehicles must first obtain a CDL and then seek 
additional training needed for an endorsement.
    FMCSA proposes to add Sec.  383.25 and to amend Sec. Sec.  383.71, 
383.73, 383.93, and 383.153. These proposed requirements and 
restrictions for the P and S endorsements on the CLP would apply 
whether the CLP holder has only a non-CDL, or already has a CDL and is 
seeking an upgrade by adding the P or S endorsements.

11. Methods of Administering CDL Tests

    State and Federal investigations have revealed applicant and 
examiner fraud in the use of interpreters during knowledge and skills 
testing. The OIG has issued recommendations on this issue. The agency 
has issued Regulatory Guidance on 49 CFR Part 383 concerning the use of 
interpreters and written, verbal, and automated foreign language tests. 
The use of interpreters during knowledge testing has resulted in fraud; 
questions are sometimes answered by the interpreter, not the applicant. 
The use of interpreters during skills testing could pose a serious 
safety hazard to the driver, the examiner, the CMV and the general 
public on the highway. For example, if would be dangerous if a testing 
official gave the driver a command based on an observed hazard or 
situation, but the driver did not immediately comprehend the command.
    The OIG also recommended in its 2002 CDL audit report that FMCSA 
require testing protocols and performance oriented requirements for 
English language proficiency.
    FMCSA proposes to amend Sec.  383.133. The fraud and safety 
concerns identified over the past few years lead FMCSA to conclude that 
the rules should provide clear guidance on test administration. The 
NPRM would propose to eliminate the use of interpreters in both the 
knowledge and the skills testing. There are alternate ways to conduct 
knowledge tests in foreign languages through the use of written, 
recorded and automated testing. With regard to skills testing, 
interpreters are a safety issue, not a language accommodation issue. 
While a foreign speaking applicant may have difficulty comprehending 
long questions and multiple choice responses in English, immediate 
response to verbal commands and instructions in English by a skills 
test examiner is vital to public safety. This proposed rule attempts to 
strike a balance between accommodation of applicants for whom English 
is their second language and who undergo CDL testing, while preserving 
the necessary protections against fraud and safety risks to drivers, 
skills test examiners, and the general public on highways.

12. Update Federal Knowledge and Skills Test Standards

    Section 4019 of TEA-21 required FMCSA to complete a review of the 
current system of CDL knowledge and skills testing, and determine if it 
is an accurate measure of an individual's knowledge and skills as an 
operator of a CMV. Section 4019 further required FMCSA to issue 
regulations reflecting the results of the review. This mandate was 
addressed by the American Association of Motor Vehicle Administrators 
(AAMVA) and the FMCSA jointly. The recently updated versions of AAMVA's 
model CDL knowledge and skills tests, and driver and examiner manuals 
were released to the States in January 2006. The updated model test 
package (Version 2005) meets a higher standard of knowledge and skills 
testing than the current Federal standards in part 383, subparts G and 
H. While some States are voluntarily adopting the updated model test

[[Page 19290]]

package (tests and manuals), the majority of the States will not fully 
adopt them until the Federal testing standards are raised to meet the 
model test standards.
    FMCSA considered two alternatives for updating the Federal 
knowledge and skills testing standards.
    Under the first alternative, FMCSA would incorporate the AAMVA 
model test package (Version 2005) by reference into the Federal 
regulation for CDL knowledge and skills standards. This is justified 
because AAMVA's 2005 model testing package was developed with major 
input by representatives from the industry that would be affected by 
the new testing standards, and as a way of promoting uniformity among 
the States.
    Some modifications to part 383, subparts G and H, would be needed 
to match the knowledge standards in the model testing package. These 
modifications would address: (1) The number of questions that are 
required on the general and endorsement knowledge tests; (2) the number 
of knowledge categories (domains) that must be represented with 
questions on the general and endorsement knowledge tests; and (3) the 
adoption of the AAMVA 2005 Requirements Document algorithm for creating 
multiple versions of the knowledge test.
    In addition, modifications to part 383, subparts G and H, would be 
needed to: (1) Make the entire pre-trip inspection (not just the air 
brake inspection) part of the skills standard, rather than the current 
knowledge standard; (2) prohibit the banking of parts of the skills 
test (for example, an applicant who passes the pre-trip and off-road 
maneuvers, but fails the on-road part of test must retake all three 
parts of the skills test); (3) adopt the expanded definition of CMV in 
section 4011(a) of TEA-21 to include both ``gross vehicle weight rating 
and gross vehicle weight'' and ``gross combination weight rating and 
gross combination weight,'' ``whichever is greater.'' ;\4\ (4) 
eliminate Sec.  383.77, since the substitute for a driving skills test 
was intended only for the initial testing cycle prior to April 1, 1992; 
and (5) adopt the OIG recommendation to require covert monitoring of 
State and third party skills test examiners.
---------------------------------------------------------------------------

    \4\ The expanded definition should be limited to roadside 
enforcement and not used for skills testing in order to maintain the 
representative vehicle concept.
---------------------------------------------------------------------------

    The second alternative is the same as the first alternative, except 
that the AAMVA model testing package would not be adopted by reference. 
Only the major aspects of the model testing package would be 
incorporated into the Federal knowledge and skills testing standards, 
similar to what is in the current testing standards in part 383, 
Subparts G and H.
    FMCSA proposes the first alternative in order to promote more 
uniformity among the States. FMCSA proposes to amend Sec.  383.5 and 
part 383, subparts G and H, and to add Sec.  384.229.

13. New Standardized Endorsements and Restriction Codes

    Currently, uniform codes are not required for all endorsements and 
restrictions on a CDL. For example, unlike the standardized CDL codes 
for the double /triple trailer (T), hazardous materials (H), tank 
vehicle (N), passenger vehicle (P) and school bus (S) endorsements, the 
air brake restriction has no standardized code. The fact that States 
are using five different codes causes enforcement problems. In one 
State a ``K'' restriction means an air brake restriction while in 
another State it means an intrastate-only restriction.
    Several issues have been raised by motor carriers and State driver 
licensing skills examiners in regard to CMVs with (1) automatic 
transmissions or manual transmissions; (2) air over hydraulic versus 
air brakes; and (3) non-fifth wheel (e.g., pintle hook) versus fifth 
wheel combination vehicles. Motor carriers are concerned when they hire 
drivers with a CDL who (1) cannot operate manual transmission vehicles; 
(2) cannot test or operate a full air brake system; and/or (3) cannot 
hook up a fifth wheel power unit with a semi-trailer. State examiners 
are concerned when they cannot test the applicant on (1) a full air 
brake system; (2) a manual transmission; and/or (3) fifth wheel 
combination hookup because the vehicle brought to the test is not so. 
However, there is no current Federal requirement that the test vehicles 
be outfitted with these features. A number of States have imposed 
restrictions on CDLs for drivers who take the skills test in a CMV that 
is missing one or more of these features, but there are no standardized 
codes for these restrictions.
    Another issue related to endorsements is the confusing definition 
of ``tank vehicle'' under Sec.  383.5 because of the reference to the 
definition of ``cargo tank'' in 49 CFR part 171. The definition in Part 
383 implies that a driver needs a tank endorsement to operate a vehicle 
with a permanently attached tank that has a rated capacity greater than 
119.5 gallons. In the case of a portable tank temporarily attached to 
the vehicle, a tank endorsement is needed only if the portable tank has 
a rated capacity of 1,000 gallons or more.
    FMCSA proposes to amend Sec. Sec.  383.5, 383.93, 383.95, and 
383.153. FMCSA believes that Federal restrictions should be developed 
for applicants who use a vehicle in the skills test that is equipped 
with (1) an automatic transmission; (2) air over hydraulic brakes; or 
(3) a non-fifth wheel (pintle hook). All three restrictions would be 
assigned standardized restriction codes, along with a standardized code 
for the current air brake restriction.
    The disparity in minimum rated capacity between permanently 
attached tanks (119 gallons) and temporarily attached portable tanks 
(1000 gallons) for the tank vehicle endorsement makes no sense. As 
FMCSA has no reports of any problems with drivers transporting portable 
tanks with a rated capacity under 1,000 gallons, the NPRM proposes a 
rated capacity threshold of 1,000 or more gallons for all tanks before 
a driver would need a tank endorsement. This would also eliminate the 
controversy over whether the driver of a ready mix concrete truck 
equipped with a small water tank to clean the mixer drum or a truck 
transporting generators with small fuel tanks needs a tank vehicle 
endorsement.

14. Previous Driving Offenses by CLP Holders and CLP Applicants

a. Holders of a CLP
    FMCSA does not currently subject a CLP holder to the basic rules of 
the CDL program. The question has been raised whether a CLP holder is 
subject to the disqualifying offenses in Sec.  383.51 for major 
offenses under Table 1 and minor offenses under Table 2, including 
those that occur when operating a non-CMV. In other words, is a CLP 
holder ``a CDL holder'' for purpose of being disqualified? Under 
current Sec.  383.51, the answer is no.
    FMCSA considered two alternatives for dealing with disqualifying 
offenses of a CLP holder. Under the first alternative, FMCSA could 
leave the regulations unchanged and not apply the disqualifications to 
CLP holders. This would allow some CLP holders who are convicted of 
disqualifying offenses while operating a non-CMV to continue avoiding 
license sanctions. In the second alternative, FMCSA could subject the 
holder of the CLP to the same rules as a driver who holds a CDL. This 
would ensure that drivers who have been convicted of the violations 
described in Sec.  383.51, whether they occurred in a CMV or non-CMV, 
would not operate CDL vehicles on our nation's highways until the end 
of the full disqualification period for the offense in the non-CMV.

[[Page 19291]]

    FMCSA proposes the second alternative because of the increased 
level of safety that would result from higher qualification standards 
for CMV drivers. FMCSA also proposes to amend Sec. Sec.  383.5, 
383.51(b) and (c), 383.71, and 383.73.
b. Applicants for a CLP
    Applicants for a CLP are not currently subject to the basic rules 
of the CDL program. An applicant who has been disqualified from driving 
an automobile can nevertheless obtain and use a CLP, even during the 
disqualification period. This driver would then be able to upgrade to a 
CDL later, potentially resulting in an unsafe driver behind the wheel 
of a CMV on the highway.
    FMCSA considered two alternatives for dealing with disqualifying 
offenses of a CLP applicant. First, FMCSA could leave the current 
regulations as they are currently written and not apply the 
disqualifications to CLP applicants. This would allow an applicant for 
a CLP to remain exempt from the disqualifying offenses of Sec.  383.51.
    Second, FMCSA could subject the applicant for the CLP to the same 
rules that exist today for a CDL applicant. Before issuing a CLP to a 
driver, the issuing State would be required to perform a check into the 
driver's current driving record at the current State of licensure, and 
using both CDLIS and the Problem Driver Pointer System (PDPS) to ensure 
the driver is not subject to the sanctions of Sec.  383.51 or any 
license suspension, revocation, or cancellation under State law and 
that the person does not have a driver's license from more than one 
State or jurisdiction. Discovery of such sanctions would result in the 
State's refusal to issue a CLP until the end of the full 
disqualification period for the offense. This would ensure that drivers 
who have been convicted of the unsafe driving violations described in 
Sec.  383.51 prior to applying for a CLP, regardless if they occurred 
in a CMV or non-CMV, would not operate CMVs on our nation's highways 
while disqualified.
    This NPRM proposes the second alternative because of the increased 
level of safety that would result from higher qualification standards 
for CMV drivers. FMCSA proposes to amend Sec. Sec.  383.5, 383.51(b)-
(c), 383.71, and 383.73 accordingly.

15. Motor Carrier Prohibitions

    Current Sec.  383.37 prohibits employers from allowing disqualified 
drivers to operate a CMV. However it does not include a prohibition on 
using a driver who simply does not have a current CLP or CDL or who 
does not have a CDL with the proper class or endorsements, or using a 
driver to operate a CMV that violates a restriction on the driver's 
CDL. This omission makes it difficult for FMCSA to properly cite and 
take enforcement action against a motor carrier.
    FMCSA proposes to include a specific prohibition against motor 
carriers using drivers who do not have a current CLP or CDL or who do 
not have a CDL with the proper class or endorsements, or using a driver 
to operate a CMV in violation of a restriction on the driver's CDL. 
FMCSA proposes to amend Sec.  383.37 and Appendix B to Part 385.

16. Incorporate CLP-Related Regulatory Guidance Into Regulatory Text

    Over the past several years, FMCSA has published a number of 
interpretations in response to requests for clarification of 
regulations applicable to CLPs and driver testing. While these 
interpretations do not have the force of regulation, they nonetheless 
guide Agency enforcement. (The current interpretations are available on 
the FMCSA Web site under ``Guidance for Regulations'' at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.htm. The interpretations are listed under the applicable 49 
CFR part.) However, the parties who requested the interpretations had 
no opportunity to question them or to amplify the inquiry, and other 
parties might be unaware of the Agency's position. Regulatory Guidance, 
once issued, should therefore be incorporated into regulatory text, as 
needed.
    FMCSA proposes to codify regulatory guidance related to this 
rulemaking by subjecting it to public notice and comment. Regulatory 
guidance made obsolete by the changes in this rulemaking would be 
eliminated. This would include regulatory guidance under Sec.  383.23 
(CLP), questions 1, 2, and 4; part 383, Subparts G and H, all questions 
(knowledge and skills testing); and Sec.  383.153, questions 1-7 (CLP 
and CDL document). FMCSA proposes to amend Sec. Sec.  383.25, 383.73, 
383.77, 383.95, 383.113, 383.131, 383.133 and 383.153.

17. Incorporate SAFE Port Act Provisions

    On October 13, 2006, the President signed into law the Security and 
Accountability For Every Port Act of 2006 (SAFE Port Act), Public Law 
109-347. Section 703, Trucking Security, requires FMCSA to implement 
requirements from two Office of Inspector General (OIG) reports:
    (a) June 4, 2004 Memorandum: Need to Establish a Legal Presence 
Requirement for Obtaining a Commercial Driver's License (Control No. 
2004-054). This 2004 OIG report recommended that FMCSA establish a 
legal presence requirement for obtaining a CDL. The report said that 
all CDL applicants should demonstrate either citizenship or lawful 
permanent residence in the United States before a State may issue a 
CDL. FMCSA has addressed this recommendation in this NPRM.
    (b) February 7, 2006 Memorandum: Report on Federal Motor Carrier 
Safety Administration Oversight of Commercial Driver's License Program 
(Report Number MH-2006-037). This 2006 OIG report contains three broad 
recommendations to detect and prevent fraudulent testing and licensing 
activity in the CDL program:
    (1) Direct the States to report on the final disposition of all 
suspect drivers identified by the States. These disposition reports 
should emphasize but not necessarily be limited to instances where 
there is specific or direct evidence that the driver participated in a 
fraudulent activity to obtain the CDL.
    (2) Determine that State CDL programs are out of compliance, under 
Federal regulations, if the State fails to impose adequate internal 
controls to prevent fraud or fails to take or propose necessary 
corrective action.
    (3) Impose sanctions, under Federal regulations, against those 
States that fail to establish adequate fraud control measures for their 
CDL programs.
    The first recommendation in the 2006 OIG report was based on a 
February 24, 2005, OIG memorandum to FMCSA on data collected from the 
States, which identified 15,032 CDL holders suspected of fraudulent 
activities. The States took action against 8,293 of these drivers, 
including removing CDL privileges. The status of the remaining 6,739 
suspect drivers was not determined at that time because the drivers had 
moved from their original State of record. FMCSA said that it would ask 
the States to determine the final disposition of these drivers, but the 
Agency does not have legal authority under parts 383 or 384 to require 
the States to make such a report.
    As a short term solution to this problem, FMCSA addressed this 
recommendation by contacting the States and requesting that they report 
the final disposition of the 6,739 suspect CDL holders. As a long term 
solution, FMCSA proposes to require States to invalidate CDLs issued as 
the result of examiner fraud and to retest the driver. However, if a 
driver was convicted of

[[Page 19292]]

fraudulent activities related to the issuance of a CDL, the issuing 
State would be required to withdraw the driver's CDL and post this 
information on his/her CDLIS record. The driver would not be allowed to 
reapply for a new CDL for one year.
    With regard to the second recommendation in the 2006 OIG report, 
FMCSA proposes new requirements to combat fraud (prohibiting 
interpreters, requiring social security number verification, checking 
legal presence, etc). This NPRM proposes to require that:
    [cir] A digitized photo of the driver be kept on file by the State 
licensing agency.
    [cir] The State establish computer system controls that prevent 
changes to records of transactions, unless they are done by supervisory 
personnel only and are documented.
    [cir] Background checks and formal training be mandatory for all 
driving test examiners.
    [cir] The States establish oversight systems for all examiners, 
including third-party examiners.
    Regarding the OIG's third recommendation in the OIG 2006 report, 
FMCSA proposes that the measures described above be added to the 
requirements of part 384, thus requiring these items to be reviewed for 
compliance whenever a State undergoes a CDL compliance review by FMCSA. 
States found in substantial non-compliance with these fraud control 
measures, as well as the other requirements of part 384, would be 
subject to the loss of Federal-aid highway funding. FMCSA proposes to 
amend Sec. Sec.  383.73 and 383.75, and to add Sec. Sec.  384.227, 
384.228, and 384.229.

IV. Section-By-Section Discussion of the Proposals

    This section includes a summary of the regulatory changes proposed 
for 49 CFR parts 383, 384, and 385 organized by section number.

A. Proposed Changes to Part 383

    Part 383, Commercial Driver's License Standards; Requirements and 
penalties, contains the requirements for CDLs and CLPs. With certain 
exceptions, the rules in this part apply to every person who operates a 
commercial motor vehicle (CMV) in interstate, foreign, or intrastate 
commerce, to all employers of such persons, and to all States.
1. Section 383.5, Definitions
    FMCSA proposes to add a definition of ``CDL driver'' to clarify 
that the requirements that apply to CDL driver also apply to anyone 
required to hold a CDL, even if the person does not currently hold a 
CDL. This change would facilitate enforcement of the rules against 
those who do not properly obtain a CDL.
    FMCSA proposes to add a definition of ``commercial learner's 
permit'' to specify that a CLP, in combination with an underlying 
license, provides authority to operate a CMV on public highways for the 
purpose of behind the wheel training when accompanied by a qualified 
CDL holder. FMCSA also proposes to adopt the expanded definition of CMV 
in section 4011(a) of TEA-21 to include both ``gross vehicle weight 
rating and gross vehicle weight'' and ``gross combination weight rating 
and gross combination weight,'' ``whichever is greater.'' The expanded 
definition is proposed to be limited to roadside enforcement of the CDL 
requirements to cite drivers who are trying to avoid the need for a CDL 
by operating a vehicle that has a gross vehicle weight rating (GVWR) or 
a gross combination weight rating (GCWR) under 26,001 pounds, but then 
overload the vehicle so the gross vehicle weight (GVW) or gross 
combination weight (GCW) is over 26,000 pounds. As currently specified 
in Sec.  383.91(b), only the GVWR or GCWR of the vehicle is used for 
skills testing because overloading a vehicle to obtain a GVW or GCW 
over 26,000 pounds is both unsafe and not a representative vehicle for 
demonstrating driving skills for a CDL.
    The definition of ``imminent hazard'' would be amended to add one 
phrase. Under 49 U.S.C. 31310(f), FMCSA is authorized to disqualify a 
CDL holder who is determined to constitute ``an imminent hazard (as 
such term is defined in section 5102).'' Section 383.52 implements that 
authority, and section 383.5 defines ``imminent hazard'' in the same 
terms as 49 U.S.C. 5102. This amendment is necessary because section 
7102(4) of SAFETEA-LU amended the definition in section 5102 to say 
that imminent hazard ``means the existence of a condition relating to 
hazardous materials that presents a substantial likelihood that death * 
* * '' Since this definition governs FMCSA's authority under Sec.  
383.52, the corresponding definition in Sec.  383.5 must be changed. 
The effect of the change is to narrow somewhat the scope of Sec.  
383.52.
    The definition of ``serious traffic violation'' would be removed 
because the substance of the definition was previously incorporated 
into Sec.  383.51 and the definition is no longer necessary.
    The definition of ``tank vehicle'' would be revised to clarify that 
only tanks with a rated capacity of 1,000 gallons or more come under 
the definition.
    FMCSA proposes to add definitions of ``third party skills test 
examiner'' and ``third party tester'' to clarify to whom the new 
requirements on third party testers proposed for part 384 would apply.
    References to ``CLP'' are proposed to be added in the definitions 
of ``disqualification,'' ``driver applicant,'' ``endorsement,'' and 
``non-resident CDL.''
    In addition, editorial changes are proposed for the definitions of 
``commercial driver's license'' and ``United States.''
2. Section 383.9, Matter Incorporated by Reference
    Subpart H of part 383 currently has general language describing the 
CDL knowledge and skills testing procedures, testing methods, and 
passing scores. In order to promote more uniformity among the States, 
more specific language on administering the tests is needed. Therefore, 
FMCSA is proposing to incorporate by reference the current edition of 
AAMVA's ``2005 CDL Test System.''
    FMCSA is providing the public an opportunity to comment on the 
incorporation by reference of this AAMVA ``2005 CDL Test System,'' and 
would provide similar opportunity before incorporating any updates to 
the 2005 edition.
    Incorporating the AAMVA CDL test system by reference complies with 
the requirements in 5 U.S.C. 552, which allows agencies to publish 
rules in the Federal Register by referring to materials already 
published elsewhere. Section 552 authorizes incorporation by reference 
with the approval of the Director of the Federal Register to reduce the 
volume of material published in the Federal Register and the CFR. The 
legal effect of incorporation by reference is that the material is 
treated as if it were published in the Federal Register. This material, 
like any other properly issued rule, would then have the force and 
effect of law.
3. Section 383.23, Commercial Driver's License
    FMCSA proposes to amend Sec.  383.23 by moving current paragraph 
(c) on learner's permits to a new Sec.  383.25 that would contain 
expanded requirements for CLPs. A new paragraph (b)(3) adds operating 
with a CLP to the list of exceptions to the requirement to hold a

[[Page 19293]]

CDL, if the CLP is properly issued under the requirements of proposed 
Sec.  393.25.
4. Section 383.25, Commercial Learner's Permit
    FMCSA proposes to add a new Sec.  383.25 for the expanded 
requirements for CLPs. Under the proposed rules, a driver would have to 
obtain a CLP and hold it for at least 30 days before becoming eligible 
for a CDL. Section 383.25 would also contain specific requirements for 
the CDL holder who must accompany the CLP holder and would specify the 
eligibility requirements for the CLP applicant, such as age and 
knowledge and skills tests. Section 383.25 would also specify that the 
CLP must be separate from the CDL and that it may be valid for no more 
than 180 days, with one 90 day renewal.
5. Section 383.37, Employer's Responsibilities
    FMCSA proposes to amend Sec.  383.37 to specify that an employer 
may not allow a driver to operate a CMV without or in violation of a 
current CLP or CDL with the proper class or endorsements. Although it 
is obvious that a driver must have a proper license to legally operate 
a CMV, adding the specific prohibition to Sec.  383.37 would facilitate 
enforcement actions against negligent employers.
6. Section 383.51, Disqualification of Drivers
    FMCSA proposes to add references to CLPs throughout Sec.  383.51 to 
make a person with a CLP subject to the same disqualifying offenses 
that apply to a CDL holder in Sec.  383.51, Tables 1 and 2, including 
those that occur when operating a non-CMV.
7. Section 383.71, Driver Application Procedures
    Section 383.71 would be completely revised to add specific 
application procedures for CLPs and to amend the application procedures 
for CDLs by updating the requirements for providing information on the 
applicant's actual address or domicile and for surrendering previously 
issued licenses.
8. Section 383.72, Implied Consent to Alcohol Testing
    Section 383.72 would be revised to apply the section to CLP holders 
as well as CDL holders.
9. Section 383.73, State Procedures
    Section 383.73 would be revised to impose specific requirements for 
how States may issue CLPs. Also, the requirements on State procedures 
for processing CDL applications would be amended to update the 
requirements for providing information on citizenship and the 
applicant's actual address or domicile; for completing the Social 
Security Number verification; for surrendering previously issued 
licenses; and to limit CDLs to a maximum term of 8 years before renewal 
is required. Also, to control against use of false addresses, the State 
would be required to mail the initial CLP or CDL to the address 
provided on the application form. Three other fraud control measures 
would be added: A requirement that the State have at least two persons 
check and verify all documents involved in the licensing process; a 
requirement that the State establish computer system controls that 
prevent changes to records of transactions, unless they are done by 
supervisory personnel only and are documented; and a requirement that 
the State cancel or revoke a CDL if the holder has been convicted of 
fraud related to the CDL application or testing process.
10. Section 383.75, Third Party Testing
    Section 383.75 would be revised to add new requirements to ensure 
that third party testers use the same materials and procedures as State 
testers, to enhance State oversight, and to facilitate the prevention 
of fraud.
    Specifically, the third party tester would be required to use the 
same test scoring sheets, written instructions for applicants, and 
skills tests as the State uses. Also, the third party tester would be 
required to use designated road test routes that have been approved by 
the State.
    Enhanced oversight measures would include the following:
     The State would be required to conduct an annual on-site 
inspection of the test sites.
     The third party tester and individual examiners employed 
by the tester would be required to apply for a skills testing 
certificate. To qualify for the certificate, the individual examiners 
would have to successfully complete a formal skills test examiner 
training course.
     The third party tester would have to submit a weekly 
schedule of skills test appointments for the following week. This would 
allow State inspectors to plan visits to the testing sites on days when 
tests will be administered.
     The third party tester would have to maintain copies of 
records showing compliance with these rules at its principal place of 
business.
     The third party tester would have to conduct at least 50 
skills tests annually and each individual examiner employed by the 
tester would have to conduct at least 10 skills test annually. These 
minimums would ensure that the costs of oversight do not exceed the 
benefits to the State that accrue from having the third party tester. 
In addition, the minimums would ensure that each tester and examiner is 
conducting enough tests to maintain his/her expertise. However, FMCSA 
is aware that some States have approved motor carriers as third party 
testers to conduct tests for their own employees. FMCSA specifically 
requests comments on whether the requirements for minimum numbers of 
tests per year would adversely affect such motor carriers.
    Measures intended to ensure the integrity of the test process would 
include the following:
     At least annually, State employees would be required to 
co-score actual skills tests along with the third party tester to 
compare pass/fail results.
     The results of any test conducted by a third party 
examiner would have to be transmitted to the State through a secure 
electronic means.
     The third party tester would be required to maintain a 
bond in an amount specified by the State. In cases where a third party 
examiner has been involved in fraudulent activities, the State may 
decide that all or some of the drivers that had been tested by that 
examiner should be retested to ensure that they are qualified to hold a 
CDL. The bond would be used to reimburse the State for the expense of 
retesting these drivers.
11. Section 383.77, Substitute for Driving Skills Test
    FMCSA proposes to remove and reserve Sec.  383.77 because this 
section was originally intended to be used only for the initial testing 
cycle prior to April 1, 1992, when the CDL program was initiated. It is 
no longer needed.
12. Section 383.79, Skills Testing of Out-of-State Students
    Section 383.79 would be added to prescribe how a State must handle 
the administration of skills tests to applicants who have taken driver 
training in that State, but are domiciled in a different State.
13. Section 383.93, Endorsements
    Section 383.93 would be amended to add the requirement that the 
only endorsement allowed on a CLP is a passenger endorsement, which 
allows a CLP holder to only drive an empty bus, accompanied by a CDL 
holder, for training purposes. The States would also be required to use 
the codes listed in Sec.  383.153 on the CLP or CDL to show

[[Page 19294]]

the endorsements for which that driver has qualified.
14. Section 383.95, Air Brake Restrictions
    FMCSA proposes to broaden the scope of this section to address 
other types of restrictions, such as the automatic transmission, non-
fifth wheel, and passenger vehicle restrictions.
15. Section 383.110, General Requirement
    FMCSA proposes to update the requirements in Sec.  383.110 and the 
other sections in subpart G to require States to use the knowledge and 
skills testing standards developed jointly by AAMVA and FMCSA. The 
current requirements are general and do not mandate that all States 
follow the same specific requirements for designing the knowledge and 
skills tests.
16. Section 383.111, Required Knowledge
    Section 383.111 would be revised to add more details to the lists 
of topics that must be included in the knowledge tests. The new 
requirements include 20 general areas of knowledge.
17. Section 383.113, Required Skills
    Section 383.113 would be revised to add more details to the lists 
of skills that must be demonstrated in the skills tests. The new items 
include requirements relating to pre-trip vehicle inspections, basic 
vehicle control, and safe on-road driving skills.
18. Sections 383.115, Requirements for Double/Triple Trailers 
Endorsement, 383.117, Requirements for Passenger Endorsement, 383.119, 
Requirements for Tank Vehicle Endorsement, 383.121, Requirements for 
Hazardous Materials Endorsement, and 383.123, Requirements for a School 
Bus Endorsement
    FMCSA proposes to amend Sec. Sec.  383.115-383.123 to add general 
operating practices and procedures to the list of topics applicants 
must know for each of these endorsements. This new category covers 
questions in the tests that do not fit into the other categories, but 
address important safety issues. In addition, Sec.  383.123(a)(1) would 
be amended to clarify that applicants for a school bus endorsement must 
also obtain a passenger vehicle endorsement, that is, both a ``P'' and 
an ``S'' endorsement to qualify to operate a school bus.
19. Appendix to Subpart G
    FMCSA proposes to remove the appendix to subpart G of part 383. It 
contains sample guidelines for States to use in choosing topics to 
include in the knowledge and skills tests that they administer to CDL 
applicants. The appendix would not be needed because FMCSA proposes to 
incorporate by reference the AAMVA 2005 Requirements Document as the 
Federal knowledge and skills testing standard. (See proposed Sec.  
383.9.) The AAMVA test package contains the specific tests and manuals 
that States would be required to use.
20. Section 383.131, Test Manuals
    FMCSA proposes to revise paragraphs (a) and (b) of Sec.  383.131 to 
require States to use the current 2005 edition of AAMVA's ``Model 
Commercial Driver Manual'' and ``Model CDL Examiner's Manual'' that are 
components of AAMVA's ``2005 CDL Test System'' and are to be 
incorporated by reference under proposed Sec.  383.9.
    FMCSA also proposes to add a new paragraph (c) to Sec.  383.131 to 
require States to record and retain the knowledge and skills test 
scores for each applicant. As part of a fraud detection and prevention 
program, the test scores will be verified before the issuance of a CLP 
or CDL.
21. Section 383.133, Test Methods
    FMCSA proposes to revise Sec.  383.133 to require States to use the 
current edition of AAMVA's ``2005 CDL Test System'' that would be 
incorporated by reference under proposed Sec.  383.9 to develop, 
administer, and score the knowledge and skills tests for each vehicle 
group and endorsements.
    FMCSA also proposes to add language to Sec.  383.133 to specify in 
what form the knowledge test may be administered. These changes would 
incorporate the current guidance on the testing methods to be used by 
States.
22. Section 383.135, Passing knowledge and Skills Tests
    FMCSA proposes to change the title of Sec.  383.135 to better 
reflect the content of the proposed revisions to the section. The 
revisions would include a clarification as to what restrictions must be 
placed on a CLP or CDL when an applicant fails the air brake and/or 
combination vehicle knowledge tests or performs the skills tests in a 
vehicle that is not equipped with full air brakes, air over hydraulic 
brakes, manual transmission, and/or in a combination vehicle without a 
fifth wheel trailer connection. The revision also proposes to clarify 
that an applicant does not have to take the complete set of skills 
tests to remove one or more of the restrictions. It is also proposed 
that the current 2005 edition of AAMVA's ``2005 CDL Test System'' be 
used by the States in scoring the skills tests.
23. Subpart J, Commercial Driver's License Document
    Subpart J of part 383, including Sec. Sec.  383.151 and 383.153, 
would be expanded in scope to address the document requirements for 
CLPs as well as for CDLs.
24. Section 383.155, Tamperproofing Requirements
    Section 383.155 would be revised to apply the requirements for 
tamperproofing to CLPs, as well as CDLs.

B. Proposed Changes to Part 384

    The purpose of part 384, State Compliance With Commercial Driver's 
License Program, is to ensure that the States comply with the 
provisions of section 12009(a) of the Commercial Motor Vehicle Safety 
Act of 1986 (49 U.S.C. 31311(a)). Part 384 includes the minimum 
standards for the actions States must take to be in substantial 
compliance with each of the 21 requirements of 49 U.S.C. 31311(a), 
establishes procedures for FMCSA determinations of State compliance, 
and specifies the consequences of State noncompliance.
1. Sections 384.105, Definitions; 384.204, CDL Issuance and 
Information; 384.205, CDLIS Information; 384.207, Notification of 
Licensing; 384.208, Notification of Disqualification; 384.209, 
Notification of Traffic Violations; 384.210, Limitations on Licensing; 
384.212, Domicile Requirement; Section 384.214, Reciprocity; 384.220, 
Problem Driver Pointer System Information; 384.225, Record of 
Violation; 384.226, Prohibition on Masking Convictions; 384.231, 
Satisfaction of State Disqualification Requirement; and 384.405, 
Decertification of State CDL Program
    These sections would be amended to apply the requirements for State 
issuance of CDLs to the issuance of CLPs as well. In addition, Sec.  
384.220 would be revised to refer to the Problem Driver Pointer System 
instead of the National Driver Register.
2. Section 384.206, State Record Checks
    This section would be revised to apply the requirements for State 
issuance of CDLs to the issuance of CLPs as well. The proposal would 
also add specific required actions that States must take as a result of 
receiving

[[Page 19295]]

adverse information about an applicant or CLP/CDL holder.
3. Section 384.211, Surrender of Old Licenses
    This section would be revised to specify that previously issued 
licenses, including a CLP or non-CDL, must be surrendered not only when 
a CDL is initially issued, but also when a CDL is upgraded or 
transferred.
4. Section 384.217, Drug Offenses
    Section 384.217 would be revised to add commission of certain 
felonies committed by CDL holders in non-CMVs to the list of offenses 
for which the States must disqualify persons from operating CMVs. This 
change corrects an omission in the current regulations. Current Sec.  
384.217 fails to require the State to enforce Sec.  383.51(b) for 
offenses in both CMVs and non-CMVs.
5. Section 384.227, Record of Digital Image or Photograph
    Section 384.227 would be added to require States to include a 
digitized color photograph in the driver history records and to review 
the photograph when replacement licenses are issued. This requirement 
would prevent a different individual from obtaining a license by 
falsely claiming that a CDL had been lost or stolen.
6. Section 384.228, Examiner Training and Record Checks
    Section 384.228 would be added to impose new training requirements 
and background checks for examiners. This section would apply to all 
examiners, both those employed by the State and those employed by third 
party testers. The State would be required to establish initial and 
refresher training that meets or exceeds the requirements established 
in this section. The established requirements for the examiner and 
refresher training are based on the December 2006 edition developed by 
AAMVA, titled ``International Certified Commercial Certification 
Program.'' This program which supplements AAMVA's ``2005 CDL Test 
System,'' was developed by AAMVA in cooperation with FMCSA. Therefore, 
a test examiner certified under this program who maintains the 
certification will meet these proposed training requirements.
    All examiners would have to successfully complete the CDL test 
examiner training course and pass an examination before the State may 
certify them to administer CDL tests.
    The State would also have to conduct initial and annual criminal 
background checks of all test examiners. The State would also be 
required to maintain records of the training and certification of the 
examiners and the results of the criminal background checks. The State 
would be required to rescind the examiner's certification if he/she 
does not successfully complete the refresher training or fails the 
annual criminal background check.
7. Section 384.229, Skills Test Examiner Auditing and Monitoring
    Section 384.229 would be added to require States to audit and 
monitor both State and third party examiners who work for third party 
testers to ensure that the CDL program is working as intended. States 
would be required to conduct unannounced annual on-site inspections of 
third party tester and examiner records to compare the results of the 
tests of applicants who receive CDLs with the scoring sheets for the 
tests. States would also be required to conduct both covert and overt 
monitoring of both State and third party skills test examiners. The 
State would have to establish and maintain databases that contain 
information on each examiner, information on the tests administered by 
each examiner, and the results of audits and monitoring, including the 
pass/fail rates of individual examiners. This would enable the State to 
identify examiners who have unusually high pass or failure rates.
8. Section 384.301, Substantial Compliance--General Requirements
    Section 384.301 would be amended by adding a new paragraph (c). 
FMCSA has always given the States 3 years after the effective date of 
any new rule to come into substantial compliance with new CDL 
requirements. This allows the States time to pass any necessary new 
legislation and modify State systems to comply with the new 
requirements, including CDLIS. New paragraph (c) would specify the 3 
year compliance date for States.

C. Proposed Changes to Part 385

    One of the purposes of part 385, Safety Fitness Procedures, is to 
establish the FMCSA's procedures to determine the safety fitness of 
motor carriers, to assign safety ratings, to direct motor carriers to 
take remedial action when required, and to prohibit motor carriers 
receiving a safety rating of ``unsatisfactory'' from operating a CMV. 
FMCSA proposes to add Sec.  383.37(a) as an acute violation in appendix 
B of part 385. Allowing a driver to operate a CMV without a CLP or CDL, 
or without the appropriate endorsement, is a serious matter warranting 
classification as acute.

V. Regulatory Analyses and Notices

 Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    FMCSA has determined that this action is a significant regulatory 
action within the meaning of Executive Order (E.O.) 12866, as amended 
by E.O. 13258 and E.O. 13422, and the meaning of Department of 
Transportation regulatory policies and procedures because of public and 
Congressional interest in CMV licensing issues. However, we expect the 
costs of the proposed rule to be fairly low. The Agency has prepared a 
preliminary regulatory analysis analyzing the costs and benefits of 
this undertaking, summarized below. A copy of the complete preliminary 
analysis document is included in the docket referenced at the beginning 
of this notice.
    Many of the provisions of this rule would not impose significant 
costs on the States or industry either because most States are already 
complying with the proposed requirements or because other regulations 
have already brought the States or industry into compliance with these 
rules (for instance, the minimum age requirement for CLPs would not 
have any costs associated with it because drivers under 18 are banned 
by current regulations from operating CMVs in commerce). Those 
provisions estimated to be of minimal economic significance include: 
strengthening the legal presence requirements; Social Security number 
verification; surrender of CLP, CDL, and non-CDL documents; maximum 
issuance and renewal periods for CLPs and CDLs; establishing a minimum 
age for a CLP; limiting endorsements on the CLP to passenger only; 
methods of administering the CDL test; new standardized endorsement and 
restriction codes; motor carrier prohibitions; and incorporating 
regulatory guidance into text. Other provisions in this rule do have 
some cost implications, and include minimum standards for issuing a 
CLP; checking for previous driving offenses by a CLP holder; CDL 
testing requirements for out-of-State training schools; State 
reciprocity for CLPs; updating Federal knowledge and skills test 
standards; and incorporating certain of the SAFE Port Act provisions.
    Of the proposed rule changes that have potential cost implications, 
many affect the States by requiring extra steps in processing CLPs and 
CDLs. These include recording CLPs on CDLIS and

[[Page 19296]]

making the CLP a tamper-proof document (under minimum uniform standards 
for issuing CLPs); checking for previous driving offenses by CLP/CDL 
holders (which would require an additional PDPS record check); and 
implementing section 703a of the SAFE Port Act. We estimate that these 
provisions, taken together, would add 5 minutes to the amount of time 
it takes a State to process a license document. In addition, an extra 
$1.40 per CLP issued would be incurred to make the CLP tamper-proof, 
and a $1 cost would be incurred for each CLP placed on CDLIS that is 
not eventually converted into a CDL. States are charged $1 for each 
record on CDLIS. Since both CDLs and CLPs count as a record, each CLP 
recorded on CDLIS that is not converted to a CDL costs States an extra 
$1 per year when compared to the status quo, in which States only have 
to record CDLs on CDLIS. Converting a CLP to a CDL does not result in 
an additional record on CDLIS, so the CLP holders who successfully 
convert to CDLIS would be added to the system anyway and would 
therefore not result in an extra cost to the States. Taking all of 
these costs together, the estimated cost of these provisions is $1.76 
million annually.
    The SAFE Port Act provisions would result in additional costs to 
the States. These provisions would require the States to enhance 
training programs for CDL skills test examiners, and to conduct 
additional oversight of these examiners to ensure that they are 
properly conducting skills tests and to deter fraud. All States 
currently have training programs for skills test examiners, but these 
programs vary widely. It is estimated that the requirements of this 
rule would result in the need for States to add an additional day to 
their current training program for skills test examiners. In addition, 
there is a continuing or refresher training requirement incorporated 
into these provisions, and it is estimated that this continuing 
education requirement would necessitate 16 hours of additional training 
for skills test examiners every 4 years. The cost of these training 
requirements is $280,000 for the additional day of initial training, 
and $560,000 for the continuing education requirement, which would be 
incurred every 4th year after the year of implementation. It is assumed 
that this training would facilitate the States' adoption of the new 
knowledge and skills testing standards, and that, therefore, no 
additional costs would be incurred for adoption of these standards.
    In addition to improved training, this rule would require States to 
enhance monitoring of skills test examiners. These measures would 
include an annual review of each skills test examiner location, and 
overt and covert monitoring of the skills test examiners at each 
location, to protect against fraud and ensure that examiners are 
conducting the test properly. States are currently required to conduct 
reviews of third party testers annually, and to overtly monitor third 
party testers in one of two ways. Some States monitor third party 
examiners by re-testing a portion of the drivers the third party 
tested, to ensure that those drivers have the skills to pass the test. 
In other States, a State representative takes the CDL skills test from 
examiners at each location as if the State employee were a driver 
taking the test. The intent of both of these measures is to ensure that 
the skills test examiners at each third party testing organization are 
properly conducting tests.
    Some States are already conducting both covert and overt monitoring 
of skills test examiners, but others provide much less oversight. 
However, all States should be conducting annual reviews of all third 
party testers and conducting some monitoring of the examiners to ensure 
that they are conducting the test properly, and to protect against 
fraud. This rule would require the States with less rigorous oversight 
to track the performance and record of all skills test examiners, and 
invest in enhanced enforcement, which may mean hiring or re-designating 
a certain number of enforcement personnel to engage in covert and overt 
monitoring of CDL examiners.
    The Agency has personnel who also conduct reviews and overt and 
covert monitoring of skills test examiners. These reviews typically 
take one day for both overt and covert monitoring. This analysis will 
assume that each State is currently conducting overt reviews/audits of 
skills test examiners and overt monitoring of skills test examiners as 
required by current regulations. Each State would, therefore, have to 
add the covert monitoring piece to its oversight program, and covert 
reviews would take approximately half a day to conduct. The Agency 
estimates that there are somewhere between 500 and 1,800 skills test 
locations in the United States. Taking a rough midpoint between these 
two figures yields an estimated 1,200 skills testing sites. Halving 
this number to account for the half day covert review of each sight 
yields an estimated 600 monitoring days each year. Assuming each 
examiner works 250 days a year, an additional 2.4 full time equivalent 
examiners would be required nationwide to conduct monitoring of skills 
testing sites. According to the United States Bureau of Labor 
Statistics, detectives and criminal investigators make an annual salary 
of $58,750. We inflate this figure by 30 percent to account for the 
value of non-monetary benefits earned by people in this occupation, for 
a total annual compensation of $76,375. The cost associated with the 
additional 2.4 full time equivalent examiners is $183,000. This would 
be the annual cost of the enhanced monitoring of skills test examiners.
    Table 1 below presents the total cost of these provisions over 10 
years. In addition to the cost of specific provisions contained in this 
rule, FMCSA estimated $200,000 per State for the minor IT upgrades that 
may be needed to comply with these requirements. These costs are 
presented in the IT Upgrades row. Years 6-10 mimic years 2-5 with 
respect to cost, and are therefore lumped together in one column. As 
can be seen, the total cost of these provisions vary between $1.9 and 
$12 million per year. The estimated 10 year cost of this rule would be 
approximately $26 million.

                                                                 Table 1.--Costs of Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Year 1          Year 2          Year 3          Year 4          Year 5        Years 6-10         Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDL Processing..........................      $1,759,850      $1,759,850      $1,759,850      $1,759,850      $1,759,850      $8,799,250     $17,598,500
Skills Test Training....................         280,000               0               0               0         560,000         560,000       1,400,000
Covert Monitoring.......................         183,300         183,300         183,300         183,300         183,300         916,500       1,833,000
IT Upgrades.............................      10,200,000               0               0               0               0               0      10,200,000
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................      12,423,150       1,943,150       1,943,150       1,943,150       2,503,150      10,275,750      31,031,500
                                         ===============================================================================================================

[[Page 19297]]

 
    Total, 7 percent discount...........      12,423,150       1,816,028       1,697,222       1,586,189       1,909,641       6,404,139      25,836,370
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Two other provisions of this rule have cost implications. CLP 
reciprocity and CDL testing requirements for out-of-State driver 
training school students would serve to reduce costs compared to 
current practices. Two alternatives to the status quo were considered 
by the Agency. Both alternatives require State reciprocity in 
recognizing CLPs issued by other States. One alternative would then 
allow the State in which training and testing occurs to issue a 
temporary CDL to out-of-State students who pass that State's skills 
test. These students would then return to their State of domicile and 
convert the temporary CDL into a CDL. The other alternative would 
require States to recognize the results of skills tests conducted in 
any other State. Under this alternative, the driver would train and 
test in another State, and then his or her State of domicile would 
issue a permanent CDL based on the other State's skills test results. 
The baseline scenario will be referred to as Alternative 1, the 
temporary CDL scenario will be referred to as Alternative 2, and the 
skills test scenario will be referred to as Alternative 3.
    For those who go out of their State of domicile to train, the 
options differ regarding the number of licenses (and hence fees) that 
trainees must obtain.
    Currently, drivers who go out of State to train do so in violation 
of the domicile requirement. Those drivers must obtain a driver's 
license and a CLP from the State in which they are trained (in addition 
to, or to replace, the driver's license from their State of domicile). 
They can either return to their home State to be tested (and they must 
find a vehicle to be tested in); or, they can be skills tested in the 
State of training (in which case the training school will usually 
provide a vehicle for the skills test).
    CDL costs, on average, $45.15, although the fees States charge for 
a driver's license vary widely. The costs of the alternatives being 
considered here will, therefore, vary widely depending on the State 
where drivers train and their State of domicile. This analysis will use 
national average figures to estimate the costs of the rule for the 
``average'' driver. The average cost of a CLP is $16.88, and $22.10 for 
a driver's license. For the purposes of this analysis, it will be 
assumed that all applicants for a learner's permit already have a 
driver's license from their State of domicile. The total cost of 
Alternative 1, which requires drivers to obtain both a new driver's 
license in the training State ($22.10), a CLP in the training State 
($16.88), a CDL in the training State ($45.15), and a CDL transfer to 
their State of domicile ($45.15), will average $129.28 per out-of-State 
trainee.
    For Alternative 2, driver trainees must get a CLP from their State 
of domicile, attend training and be tested out of State, be issued an 
out-of-State temporary CDL, and return to their home State to convert 
the temporary CDL into a CDL from their home State. While the average 
cost of a regular CDL is known, FMCSA has no information on what States 
might charge for issuing a temporary out-of-State CDL. It will be 
assumed here that the cost of the temporary CDL is the same as the cost 
of a CLP, as both are temporary documents. Given this assumption, the 
cost to the driver of this alternative would be $78.91, consisting of 
the cost of a CLP, a temporary CDL, and a permanent CDL in the driver's 
State of domicile. The driver would not have to obtain a new base 
license from the training State because, due to CLP reciprocity, the 
driver would be able to use his current driver's license from his State 
of domicile to train in another State.
    The final alternative would be to require States of domicile to 
accept skills test results from a training facility in another State. 
Under this scenario, the driver would incur the cost of one CLP, issued 
by his or her State of domicile, and one CDL, also issued by the State 
of domicile. The total cost to the driver of this alternative would 
therefore be $62.03. This alternative obviously minimizes costs for 
driver trainees. The driver-related costs of the three alternatives are 
summarized in Table 2 below. As can be seen, Alternative 2 cuts the 
fees associated with getting a CDL by more than 50 percent for out-of-
State driver trainees.

                         Table 2.--Cost per Driver of Out-of-State Training Alternatives
----------------------------------------------------------------------------------------------------------------
                                                                                                  Alternative 2
                                                            Status quo (with    Alternative 1     (skills test
                                                              out-of-State     (temporary CDL)        score
                                                                training)                          acceptance)
----------------------------------------------------------------------------------------------------------------
Driver's License Costs....................................            $22.10               N/A               N/A
Learner's Permit Costs....................................             16.88            $16.88            $16.88
CDL Costs.................................................             90.30             62.03             45.15
                                                           -----------------------------------------------------
    Total Cost to Driver..................................            129.28             78.91             62.03
----------------------------------------------------------------------------------------------------------------

    Table 3 below presents the total cost savings of Alternatives 2 and 
3 in comparison to Alternative 1. These cost figures are based on an 
estimated 610,000 CLPs issued per year. It is assumed that 
approximately 20 percent of CDL trainees currently attend out-of-State 
training schools, so the total cost is based on 122,000 out-of-State 
drivers training in other States, and the licensing cost implications. 
Related to the licensing costs described for these three Alternatives 
are costs to CDL applicants for obtaining a license. CDL applicants 
must pay licensing fees, but also lose time at a State driver licensing 
agency (SDLA) office every time they must obtain a new license or 
permit. Drivers must apply in person for a CDL, CLP, or to transfer a 
CDL from one State to another. Since each of the alternatives described 
here differs in the number of licenses or permits the driver must 
obtain, they vary in respect to the amount of time drivers must spend 
at SDLA offices. All of the alternatives are equivalent to one another 
for drivers

[[Page 19298]]

who train in his/her State of domicile. Only drivers who train out of 
State are affected. For these drivers, Alternative 1 (the status quo) 
requires 4 license transactions (regular operator's license from the 
training State, CLP from the training State, CDL from the training 
State, and a license transfer back to the State of domicile); 
Alternative 2 requires 3 licensing transactions (CLP from State of 
domicile, temporary CDL from training State, and permanent CDL from 
State of domicile); and Alternative 3 requires 2 licensing transactions 
(CLP from State of domicile, and CDL from State of domicile).
    We assume that each license transaction will take approximately 30 
minutes of time, and that a trip to the SDLA will take, on average, 30 
minutes round trip (15 minutes each way), for a total of an hour per 
licensing transaction. We value this time at the average wage for 
production (manufacturing) workers, which is $14.37. We inflate this 
figure by 30 percent to account for the value of benefits to $18.68. 
The cost for each Alternative can then be calculated by multiplying the 
number of licensing transactions by the hourly compensation rate. For 
Alternative 1, this cost is 4 x $18.68 = $74.72. Alternative 2 has a 
per trainee cost of $56.04. Alternative 3 has a per trainee cost of 
$37.36. Given the estimated 475,000 licenses issued per year and the 
assumption that 20 percent of trainees go out-of-State for driver 
training, we apply the costs for each alternative to 122,000 drivers-
in-training. Table 3 summarizes these costs. The final row of this 
table, cost savings over baseline, provides the estimated benefits of 
accommodating out-of-State training under both alternatives to the 
current situation.

                                  Table 3.--Total Cost Savings for Alternatives
----------------------------------------------------------------------------------------------------------------
                                                              Alternative 1     Alternative 2     Alternative 3
----------------------------------------------------------------------------------------------------------------
Number of licensing transactions..........................                 4                 3                 2
Total Licensing fees (122,000 drivers)....................       $15,772,160        $9,627,020        $7,567,660
Lost time cost............................................         9,115,840         6,836,880         4,557,920
                                                           -----------------------------------------------------
    Total.................................................        24,888,000        16,463,900        12,125,580
                                                           =====================================================
    Cost Savings over baseline............................                NA         8,424,100        12,762,420
----------------------------------------------------------------------------------------------------------------

    Table 4 below presents a comparison of the benefits and costs of 
this rule over 10 years, including the costs discussed above for CDL 
processing, skills test examiner training, etc. Costs for Alternative 
1, the baseline scenario, are not presented because they are analogous 
to the costs as presented in Table 1. The annual benefits presented for 
Alternatives 2 and 3 are the annual cost savings that accrue to drivers 
due to accommodating out-of-State training. As can be seen, both 
alternatives have positive net benefits. This NPRM proposes to adopt 
Alternative 3.

            Table 4.--Comparison of Total Benefits and Costs
------------------------------------------------------------------------
                                        Alternative 2     Alternative 3
------------------------------------------------------------------------
10 Year Total Cost, from Table 1 (7        $25,836,370       $25,836,370
 percent discount)..................
Total Benefit.......................        63,309,068        95,912,550
                                     -----------------------------------
    Net Benefit.....................        37,472,698        70,076,180
------------------------------------------------------------------------

Safety Benefits
    Most of the provisions of the NPRM are intended to have positive 
safety benefits, including the minimum age requirement for CLPs, 
requiring that the general knowledge and P endorsement knowledge tests 
be passed prior to issuing a CLP or P endorsement on a CLP, and the 
standardization of CDL knowledge and skills testing. Although the new 
tests may be somewhat more rigorous than the current versions being 
used by the States, it is unclear whether the new test models would be 
so rigorous as to lower pass rates for applicants or significantly 
improve driver safety. However, this rule should improve detection and 
deterrence of fraud, and significant safety benefits may result from 
preventing unqualified drivers from fraudulently obtaining CDLs.
    It is reasonable to argue that drivers who cannot develop the 
skills necessary to pass either the skills or knowledge test would pose 
an increased safety risk. Most States allow drivers multiple chances to 
pass both the knowledge and skills test, and with proper training, most 
drivers should be able to develop the skills necessary to pass. Those 
who cannot have demonstrated that they are incapable of meeting a safe 
minimum standard for controlling their vehicle and, therefore, pose an 
increased risk to the public.
    The average number of large CMV crashes over the past 5 years for 
which statistics are available is 420,000 per year, rounded to the 
nearest 1,000. On average, a large truck crash is valued at $91,112 per 
crash (including property-damage-only crashes). A non fatal injury 
crash has an estimated cost of $195,258, and a fatal crash has an 
estimated cost of $3,604,518. The costs of this rule are estimated at 
$6.5 million in the most expensive years (those in which continuing 
education is required of skills test examiners), $5 million in the 
initial year, and $3.7 million in other years. We have estimated the 
discounted safety benefits of this rule at approximately $75 million 
over 10 years. Adding the $75 million in total 10 year net benefits due 
to crash reduction to the estimated $70 million in 10 year net benefits 
associated with improved driver training opportunities, this rule has a 
potential 10 year net benefit of $145 million.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, as amended, (5 
U.S.C. 601-612), FMCSA has considered the effects of this proposed 
regulatory action on small entities and determined that this proposed 
rule would not have a significant impact on a substantial

[[Page 19299]]

number of small entities, as defined by the U.S. Small Business 
Administration's Office of Size Standards. This rulemaking proposal 
would primarily affect drivers rather than motor carriers, and most of 
the provisions apply primarily to new drivers rather than drivers who 
have CDLs. The exception would be drivers who have a class B or C CDL 
and are applying to move up to a Group A, or drivers seeking 
specialized endorsements which require a skills test, such as a P 
endorsement. Since this rule applies to drivers rather than motor 
carriers, owner-operator motor carriers would be the only small 
entities directly affected by this rule. We estimate that there are 
roughly 300,000 owner-operators currently operating in the United 
States. The drivers of these vehicles may be affected by these 
regulations if they want to change classes or gain new endorsements on 
their CDL. For the most part, this proposal has a positive impact on 
CDL drivers or driver-applicants because it facilitates the ability of 
these drivers to obtain the lowest cost or most convenient training for 
their CDL, CDL upgrade, or endorsement skills test.
    The other type of entity affected by this rule would be third party 
skills test examiners. These examiners would undergo periodic covert 
monitoring, but assuming they are administering the skills test 
properly, this monitoring would be at no cost to them. In addition, the 
employees who conduct skills testing may have to participate in 
additional training in order to remain eligible to conduct skills test 
examinations. The Agency estimates that there are approximately 1,200 
third party skills testing organizations currently in operation in the 
United States. Information on these organizations is difficult to 
obtain, but some are affiliated with larger motor carriers. Others 
would qualify as small businesses, but the Agency is currently unsure 
of how many might fall into the small business category. We estimate 
that half, or 600, skills testing organizations are small businesses. 
These organizations would have to bear the cost of enhanced training of 
the examiners they employ. These costs were estimated in the Regulatory 
Impact Analysis at $200 per examiner per day of training, at an average 
of one-half day of training every year. The cost to these entities 
would, therefore, be approximately $100 per year per skills test 
examiner employed. Most skills testers are trucking firms, educational 
organizations, or municipal organizations that do not derive their 
primary income from skills testing. Based on Census Bureau data, we 
estimate that trucking firms have an annual average profit margin of 
$149,000 per year. The industry as a whole has approximately $15 to $19 
billion in annual profits. The Agency believes that each skills test 
examiner organization would have between 1 and 2 skills testers. This 
rule would, therefore, cost these entities a maximum of 600 entities x 
1.5 skills test examiners x $100 = $90,000 per year. Given these costs, 
the Agency does not believe that this rule has a significant impact on 
a substantial number of small businesses.

Unfunded Mandates Reform Act of 1995

    This rulemaking would not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et 
seq.), that would result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $128 
million or more in any 1 year.\5\ The Unfunded Mandates Reform Act 
requires new Federal regulations to be accompanied by an analysis of 
their fiscal impacts on State, local, and tribal governments and on 
private industry. Although the attached regulatory evaluation provides 
much of this information, it will be summarized here, with an emphasis 
on effects on State and local governments, since this proposed rule 
does not have any major effects on private industry. Many of the 
provisions in this proposed rule would impact the States, but the size 
of this impact would be relatively small. The total annual cost of the 
rule is estimated at between $1.96 million and $12 million per year. 
These costs would primarily be imposed upon the States, who would bear 
the cost of processing driver's licenses, training and monitoring 
skills test examiners, and making any changes to computer systems 
required to implement these changes.
---------------------------------------------------------------------------

    \5\ The unfunded mandate threshold was established in 1995 at 
$100 million in costs to State or local governments, or private 
industry, in any one year. This figure has been adjusted using the 
Consumer Price Index to 2005 dollars.
---------------------------------------------------------------------------

    The quantified benefits of this rule are the reduced cost to 
driver-applicants that would be realized by implementing either of the 
two alternatives for accommodating out-of-State driver training. These 
benefits would accrue primarily to driver-applicants who choose to 
obtain driver training in a State other than their State of domicile. 
Streamlining the out-of-State training process would enable these 
drivers to avoid the licensing fees associated with obtaining a license 
in the State in which they attend training. These benefits have been 
estimated at approximately $6.6 million per year for Alternative 2, and 
$10 million per year for Alternative 3. These benefits outweigh the 
costs to the States. The reduction in the number of license 
transactions a driver must complete reduces the number of license 
transactions States must process.
    It has been assumed in this analysis that the price of each license 
transaction represents the cost to the State for processing that 
transaction. However, in some States this may not be the case--their 
license fees are set by the State legislature, and may be below or 
above the processing costs incurred. For States in which the licensing 
fee charged is above the cost of processing the license, a reduction in 
the number of processed licenses may negatively impact State revenues. 
Those States for which the fee is below processing costs would 
experience a net reduction in operating costs that exceeds this loss in 
revenue. On average, the reduction in licensing fees collected would 
average slightly less than $120,000 per year per State for Alternative 
2, and $161,000 per year per State for Alternative 3. Given the modest 
cost of this rule, the Agency finds that it would not have a 
significant impact on the States or local governments, as defined by an 
annual cost of $128 million in any one year.

Executive Order 12988 (Civil Justice Reform)

    This proposed action would meet applicable standards in sections 
3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to 
minimize litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA has analyzed this proposed action under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. We have determined preliminarily that this rulemaking 
would not concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This proposed rulemaking would not effect a taking of private 
property or otherwise have taking implications under Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights.

[[Page 19300]]

Executive Order 13132 (Federalism)

    FMCSA has analyzed this proposed rule in accordance with the 
principles and criteria of Executive Order 13132, ``Federalism,'' and 
has determined that it does not have federalism implications.
    The Federalism Order applies to ``policies that have federalism 
implications,'' which it defines as regulations and other actions that 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Sec. 1(a). The key concept here is ``substantial direct effects on the 
States.'' Sec. 3(b) of the Federalism Order provides that ``[n]ational 
action limiting the policymaking discretion of the States shall be 
taken only where there is constitutional and statutory authority for 
the action and the national activity is appropriate in light of the 
presence of a problem of national significance.''
    The proposed rule would amend the commercial driver's license (CDL) 
program authorized by the Commercial Motor Vehicle Safety Act of 1986 
(49 U.S.C. chapter 313). States have been issuing CDLs in accordance 
with Federal standards for well over a decade. The CDL program does not 
have preemptive effect. It is voluntary; States may withdraw at any 
time, although doing so would result in the loss of certain Federal-aid 
highway funds pursuant to 49 U.S.C. 31314. Because this rule would make 
only small, though numerous, incremental changes to the requirements 
already imposed on participating States, FMCSA has determined that it 
would not have substantial direct effects on the States, on the 
relationship between the Federal and State governments, or on the 
distribution of power and responsibilities among the various levels of 
government.
    Nonetheless, FMCSA recognizes that this rule would have an impact 
on the States and their commercial driver licensing operations. Most 
significantly, it will require all participating States to implement a 
commercial learner's permit (CLP) and prohibit the issuance of a CDL 
unless the applicant has first obtained a CLP and held it for a minimum 
of 30 days. The Agency hopes drivers will use this interval to obtain 
formal training. States will also be required to use the American 
Association of Motor Vehicle Administrators' ``2005 CDL Test System'' 
to administer knowledge and skills tests. Over the years, FMCSA and the 
States have identified CDL program deficiencies that need to be 
addressed. The Department's Office of Inspector General has focused 
attention on measures to prevent licensing fraud. Measures to address 
these issues, and others included in this NPRM, would improve the 
effectiveness of the CDL program, but would also require participating 
States to change their programs in a variety of ways. In recognition of 
this fact, the Agency has notified the National Governor's Association 
(NGA) of these proposed regulatory changes by letter to ensure that 
State and local governments will be able to raise Federalism issues 
during the comment period for the NPRM.

Privacy Impact Assessment

    Section 522 of the FY 2005 Omnibus Appropriations Act, enacted 
December 8, 2004, (Note to 5 U.S.C. 552a) requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This rulemaking would require new 
minimum Federal standards for States to issue commercial learner's 
permits (CLPs) as a pre-condition for a commercial driver's license 
(CDL). It would require that an applicant for a CLP must first pass a 
knowledge test which complies with prescribed minimum standards and may 
have only one CLP at a time; and that the data on each CLP holder must 
be added to the driver's record in the Commercial Driver License 
Information System (CDLIS). Therefore, the information will be held to 
the same level of security as CDLIS.
    Although each State would be required to create a CDLIS record for 
each CLP it issues, the Privacy Act applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program. The 
Commercial Driver License Information System (CDLIS) records, however, 
are not transferred from FMCSA to the States; they are created and 
maintained by the States. FMCSA has determined this proposed rule would 
not result in a new or revised Privacy Act System of Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

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

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. This rulemaking would 
affect a currently-approved information collection covered by the OMB 
Control No. 2126-0011 titled, ``Commercial Driver Licensing and Testing 
Standards.'' This information collection has an annual burden of 
1,391,456 hours, and will expire on February 28, 2011.
    This NPRM would update and provide more uniform procedures for 
ensuring that the applicant has the appropriate knowledge and skills to 
operate a commercial motor vehicle. It would also establish the minimum 
information that must be on the CLP document and the electronic 
driver's record in CDLIS, make it a tamperproof document, and establish 
maximum issuance and renewal periods for the CLP and CDL. The FMCSA 
believes this proposal would result in a significant increase in the 
annual burden hours for this information collection. The major increase 
in annual burden hours will probably result from the implementation of 
the new CLP requirements.

National Environmental Policy Act

    The agency analyzed this proposed rulemaking for the purpose of the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et 
seq.) and determined under our environmental procedures Order 5610.1, 
published March 1, 2004 in the Federal Register (69 FR 9680), that this 
action is categorically excluded (CE) under Paragraph 4.s of the Order 
from further environmental documentation. That CE relates to 
establishing regulations and actions taken pursuant to these 
regulations concerning requirements for drivers to have a single 
commercial motor vehicle driver's license. In addition, the agency 
believes that the action includes no extraordinary circumstances that 
would have any effect on the quality of the environment. Thus, the 
action does not require an environmental assessment or an environmental 
impact statement.
    We have also analyzed this rule under the Clean Air Act, as amended 
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's General conformity 
requirement since it since it involves rulemaking and policy 
development and issuance.

[[Page 19301]]

Executive Order 13211 (Energy Effects)

    We have analyzed this proposed action under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution or Use. We have determined preliminarily that it would not 
be a ``significant energy action'' under that Executive Order because 
it would not be economically significant and would not be likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

List of Subjects

49 CFR Part 383

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

49 CFR Part 384

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

49 CFR Part 385

    Highway safety, Highways and roads, Motor carriers, Motor vehicle 
safety, Safety fitness procedures.

    For the reasons explained in the preamble, FMCSA proposes to amend 
parts 383, 384, and 385 of title 49 of the Code of Federal Regulations 
as set forth below:

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

    1. The authority citation for part 383 continues to read as 
follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; sec. 214 
of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L. 
107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144; 
and 49 CFR 1.73.

    2. Amend Sec.  383.5 by removing the definition for serious traffic 
violation in its entirety; by revising the definitions for commercial 
driver's license, commercial motor vehicle, disqualification, driver 
applicant, endorsement, imminent hazard, nonresident CDL, tank vehicle, 
and United States; and adding new definitions for CDL driver, 
commercial learner's permit, third party skills test examiner, and 
third party tester to read as follows:


Sec.  383.5  Definitions.

* * * * *
    CDL driver means a person holding a CDL or a person required to 
hold a CDL.
* * * * *
    Commercial driver's license (CDL) means a license issued to an 
individual by a State or other jurisdiction, in accordance with the 
standards contained in this part, which authorizes the individual to 
operate a class of a commercial motor vehicle.
* * * * *
    Commercial learner's permit (CLP) means a permit issued to an 
individual by a State or other jurisdiction, in accordance with the 
standards contained in this part, that, when carried with a valid 
driver's license issued by the same State or jurisdiction, authorizes 
the individual to operate a class of a commercial motor vehicle, when 
accompanied by a holder of a valid CDL, for purposes of behind-the-
wheel training. When issued to a CDL holder, a CLP serves as 
authorization for accompanied behind-the-wheel training in a CMV for 
which the holder's current CDL is not valid.
    Commercial motor vehicle (CMV) means a motor vehicle or combination 
of motor vehicles used in commerce to transport passengers or property 
if the motor vehicle--
    (1) Has a gross combination weight rating or gross combination 
weight of 11,794 kilograms or more (26,001 pounds or more), whichever 
is greater, inclusive of a towed unit(s) with a gross vehicle weight 
rating or gross vehicle weight of more than 4,536 kilograms (10,000 
pounds), whichever is greater; or
    (2) Has a gross vehicle weight rating or gross vehicle weight of 
11,794 or more kilograms (26,001 pounds or more), whichever is greater; 
or
    (3) Is designed to transport 16 or more passengers, including the 
driver; or
    (4) Is of any size and is used in the transportation of hazardous 
materials as defined in this section.
* * * * *
    Disqualification means any of the following three actions:
    (1) The suspension, revocation, or cancellation of a CLP or CDL by 
the State or jurisdiction of issuance.
    (2) Any withdrawal of a person's privileges to drive a CMV by a 
State or other jurisdiction as the result of a violation of State or 
local law relating to motor vehicle traffic control (other than 
parking, vehicle weight or vehicle defect violations).
    (3) A determination by the FMCSA that a person is not qualified to 
operate a commercial motor vehicle under part 391 of this subchapter.
    Driver applicant means an individual who applies to a State to 
obtain, transfer, upgrade, or renew a CDL or to obtain or renew a CLP.
* * * * *
    Endorsement means an authorization to an individual's CLP or CDL 
required to permit the individual to operate certain types of 
commercial motor vehicles.
* * * * *
    Imminent hazard means the existence of a condition relating to 
hazardous material that presents a substantial likelihood that death, 
serious illness, severe personal injury, or a substantial endangerment 
to health, property, or the environment may occur before the reasonably 
foreseeable completion date of a formal proceeding begun to lessen the 
risk of that death, illness, injury, or endangerment.
* * * * *
    Nonresident CLP or Nonresident CDL means a CLP or CDL, 
respectively, issued by a State under either of the following two 
conditions:
    (1) To an individual domiciled in a foreign country meeting the 
requirements of Sec.  383.23(b)(1).
    (2) To an individual domiciled in another State meeting the 
requirements of Sec.  383.23(b)(2).
* * * * *
    Tank vehicle means any commercial motor vehicle that is designed to 
transport any liquid or gaseous materials within a tank having an 
aggregate rated capacity of 1,000 gallons or more that is either 
permanently or temporarily attached to the vehicle or the chassis. A 
commercial motor vehicle transporting an empty storage container tank, 
not designed for transportation, with a rated capacity of 1,000 gallons 
or more that is temporarily attached to a flatbed trailer is not 
considered a tank vehicle.
    Third party skills test examiner means a person employed by a third 
party tester who is authorized by the State to administer the CDL 
skills tests specified in subparts G and H of this part.
    Third party tester means a person (including, but not limited to, 
another State, a motor carrier, a private driver training facility or 
other private institution, or a department, agency, or instrumentality 
of a local government) authorized by the State to employ skills test 
examiners to administer the CDL skills tests specified in subparts G 
and H of this part.
    United States means the 50 States and the District of Columbia.
* * * * *
    3. Add Sec.  383.9 to subpart A to read as follows:


Sec.  383.9  Matter incorporated by reference.

    (a) Incorporation by reference. This part includes references to 
certain matter or materials. The text of the materials is not included 
in the regulations contained in this part. The

[[Page 19302]]

materials are hereby made a part of the regulations in this part. The 
Director of the Office of the Federal Register has approved the 
materials incorporated by reference in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. For materials subject to change, only the specific 
version approved by the Director of the Office of the Federal Register 
and specified in the regulation is incorporated. Material is 
incorporated as it exists on the date of the approval and a notice of 
any change in these materials will be published in the Federal 
Register.
    (b) Materials incorporated. The American Association of Motor 
Vehicle Administrators' (AAMVA's) ``2005 CDL Test System,'' 
incorporated by reference for subpart H of this part, includes the 
following individual documents:
    (1) ``Model Commercial Driver License Manual'';
    (2) ``Model CDL Examiner's Manual'';
    (3) ``2005 Requirements Document For Use In Developing Computer-
Generated Multiple-Choice CDL Knowledge Tests''; and
    (4) ``2005 Test Item Summary Forms'' for CDL General Knowledge, Air 
Brakes, Combination Vehicles, Doubles/Triples, Hazardous Materials, 
Passenger Transport, School Bus, and Tank Vehicle knowledge tests.
    (c) Addresses. (1) All of the materials incorporated by reference 
except the ``2005 Test Item Summary Forms'' are available for 
inspection at:
    (i) The Department of Transportation Library, 1200 New Jersey 
Avenue, SE., Washington, DC 20590. These documents are also available 
for inspection and copying as provided in 49 CFR part 7.
    (ii) The Office of the Federal Register, 800 North Capitol Street, 
NW., Suite 700, Washington, DC.
    (2) Information and copies of all of the materials incorporated by 
reference except the ``2005 Test Item Summary Forms'' may be obtained 
by writing to: American Association of Motor Vehicle Administrators, 
Inc., 4301 Wilson Blvd., Suite 400, Arlington, VA 22203.
    4. Revise Sec.  383.23 to read as follows:


Sec.  383.23  Commercial driver's license.

    (a) General rule. (1) No person shall operate a commercial motor 
vehicle unless such person has taken and passed written and driving 
tests which meet the Federal standards contained in subparts F, G, and 
H of this part for the commercial motor vehicle that person operates or 
expects to operate.
    (2) Except as provided in paragraph (b) of this section, no person 
may legally operate a CMV unless such person possesses a CDL which 
meets the standards contained in subpart J of this part, issued by his/
her State or jurisdiction of domicile.
    (b) Exception. (1) If a CMV operator is not domiciled in a foreign 
jurisdiction which the Administrator has determined tests drivers and 
issues CDLs in accordance with, or under standards similar to, the 
standards contained in subparts F, G, and H of this part, the person 
may obtain a Nonresident CLP or Nonresident CDL from a State which does 
comply with the testing and licensing standards contained in such 
subparts F, G, and H of this part.\1\
---------------------------------------------------------------------------

    \1\ Effective December 29, 1988, the Administrator determined 
that commercial driver's licenses issued by Canadian Provinces and 
Territories in conformity with the Canadian National Safety Code are 
in accordance with the standards of this part. Effective November 
21, 1991, the Administrator determined that the new Licencias 
Federales de Conductor issued by the United Mexican States are in 
accordance with the standards of this part. Therefore, under the 
single license provision of Sec.  383.21, a driver holding a 
commercial driver's license issued under the Canadian National 
Safety Code or a new Licencia Federal de Conductor issued by Mexico 
is prohibited from obtaining nonresident CDL, or any other type of 
driver's license, from a State or other jurisdiction in the United 
States.
---------------------------------------------------------------------------

    (2) If an individual is domiciled in a State while that State is 
prohibited from issuing CDLs in accordance with Sec.  384.405 of this 
subchapter, that individual is eligible to obtain a Nonresident CLP or 
Nonresident CDL from any State that elects to issue a Nonresident CDL 
and which complies with the testing and licensing standards contained 
in subparts F, G, and H of this part.
    (3) If an individual possesses a commercial learner's permit (CLP), 
as defined in Sec.  383.5, the individual is authorized to operate a 
class of CMV as provided by the CLP in accordance with Sec.  383.25.
    5. Add Sec.  383.25 to read as follows:


Sec.  383.25  Commercial learner's permit (CLP).

    (a) A CLP is considered a valid commercial driver's license for 
purposes of behind-the-wheel training on public roads or highways, if 
all of the following minimum conditions are met:
    (1) The CLP holder is at all times accompanied by the holder of a 
valid CDL who has the proper CDL group and endorsement(s) necessary to 
operate the CMV. The CDL holder must at all times be physically present 
in the front seat of the vehicle next to the CLP holder, or directly 
behind the driver in the case of a passenger vehicle, and must have the 
CLP holder under observation and direct supervision.
    (2) The CLP holder holds a valid driver's license issued by the 
same jurisdiction.
    (3) The CLP holder must have taken and passed a general knowledge 
test that meets the Federal standards contained in subparts F, G, and H 
of this part for the commercial motor vehicle that person operates or 
expects to operate.
    (4) The CLP holder must be 18 years of age or older.
    (5) A CLP holder with a passenger (P) endorsement must have taken 
and passed the P endorsement knowledge test. A CLP holder with a P 
endorsement is prohibited from operating a CMV carrying passengers. The 
P endorsement must be class specific. All other Federal endorsements 
are prohibited on a CLP.
    (6) The CLP holder does not operate a commercial motor vehicle 
transporting hazardous materials as defined in Sec.  383.5.
    (b) The CLP must be a separate document from the CDL or non-CDL.
    (c) The CLP must be valid for no more than 180 days from the date 
of issuance. The State may renew the CLP for an additional 90 days 
without requiring the CLP holder to retake the general and endorsement 
knowledge tests.
    (d) The issuance of a CLP is a precondition to the issuance or 
upgrade of a CDL. The CLP holder is not eligible to take the CDL skills 
test in the first 30 days after initial issuance of the CLP.
    6. Revise Sec.  383.37 to read as follows:


Sec.  383.37  Employer responsibilities.

    No employer may knowingly allow, require, permit, or authorize a 
driver to operate a CMV in the United States in any of the following 
circumstances:
    (a) During any period in which the driver does not have a current 
CLP or CDL or does not have a CLP or CDL with the proper class or 
endorsements. An employer may not use a driver to operate a CMV that 
violates any restriction on the driver's CLP or CDL.
    (b) During any period in which the driver has a CLP or CDL 
suspended, revoked, or canceled by a State, has lost the right to 
operate a CMV in a State, or has been disqualified from operating a 
CMV.
    (c) During any period in which the driver has more than one CDL.
    (d) During any period in which the driver, or the CMV he or she is 
driving, or the motor carrier operation, is subject to an out-of-
service order.
    (e) In violation of a Federal, State, or local law or regulation 
pertaining to railroad-highway grade crossings.
    7. In Sec.  383.51:
    A. Revise paragraph (a);
    B. Revise paragraph (b) introductory text and the headings for 
Table 1;

[[Page 19303]]

    C. Revise paragraph (c) introductory text and the headings for 
Table 2;
    D. Revise paragraph (d) introductory text and the headings for 
Table 3; and
    E. Revise paragraph (e) introductory text and the headings for 
Table 4 to read as follows:


Sec.  383.51  Disqualification of drivers.

    (a) General. (1) A person required to have a CLP or CDL who is 
disqualified must not drive a CMV.
    (2) An employer must not knowingly allow, require, permit, or 
authorize a driver who is disqualified to drive a CMV.
    (3) A holder of a CLP or CDL is subject to disqualification 
sanctions designated in paragraphs (b) and (c) of this section, if the 
holder drives a CMV or non-CMV and is convicted of the violations 
listed in those paragraphs.
    (4) Determining first and subsequent violations. For purposes of 
determining first and subsequent violations of the offenses specified 
in this subpart, each conviction for any offense listed in Tables 1 
through 4 to this section resulting from a separate incident, whether 
committed in a CMV or non-CMV, must be counted.
    (5) The disqualification period must be in addition to any other 
previous periods of disqualification.
    (6) Reinstatement after lifetime disqualification. A State may 
reinstate any driver disqualified for life for offenses described in 
paragraphs (b)(1) through (b)(8) of this section (Table 1 to Sec.  
383.51) after 10 years if that person has voluntarily entered and 
successfully completed an appropriate rehabilitation program approved 
by the State. Any person who has been reinstated in accordance with 
this provision and who is subsequently convicted of a disqualifying 
offense described in paragraphs (b)(1) through (b)(8) of this section 
(Table 1 to Sec.  383.51) must not be reinstated.
    (b) Disqualification for major offenses. Table 1 to Sec.  383.51 
contains a list of the offenses and periods for which a person who is 
required to have a CLP or CDL is disqualified, depending upon the type 
of vehicle the driver is operating at the time of the violation, as 
follows:

                                            Table 1 to Sec.   383.51
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
If a driver        For a first        For a first        For a first        For a second       For a second
 operates a motor   conviction or      conviction or      conviction or      conviction or      conviction or
 vehicle and is     refusal to be      refusal to be      refusal to be      refusal to be      refusal to be
 convicted of:      tested while       tested while       tested while       tested in a        tested in a
                    operating a CMV,   operating a non-   operating a CMV    separate           separate
                    a person           CMV, a CLP or      transporting       incident of any    incident of any
                    required to have   CDL holder must    hazardous          combination of     combination of
                    a CLP or CDL and   be disqualified    materials          offenses in this   offenses in this
                    a CLP or CDL       from operating a   required to be     Table while        Table while
                    holder must be     CMV for . . .      placarded under    operating a CMV,   operating a non-
                    disqualified                          the Hazardous      a person           CMV, a CLP or
                    from operating a                      Materials          required to have   CDL holder must
                    CMV for . . .                         Regulations (49    a CLP or CDL and   be disqualified
                                                          CFR part 172,      a CLP or CDL       from operating a
                                                          subpart F), a      holder must be     CMV for . . .
                                                          person required    disqualified
                                                          to have a CLP or   from operating a
                                                          CDL and a CLP or   CMV for . . .
                                                          CDL holder must
                                                          be disqualified
                                                          from operating a
                                                          CMV for . . .
----------------------------------------------------------------------------------------------------------------

    (c) Disqualification for serious traffic violations. Table 2 to 
Sec.  383.51 contains a list of the offenses and the periods for which 
a person who is required to have a CLP or CDL is disqualified, 
depending upon the type of vehicle the driver is operating at the time 
of the violation, as follows:

                                            Table 2 to Sec.   383.51
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
If the driver          For a second           For a second           For a third or         For a third or
 operates a motor       conviction of any      conviction of any      subsequent             subsequent
 vehicle and is         combination of         combination of         conviction of any      conviction of any
 convicted of:          offenses in this       offenses in this       combination of         combination of
                        Table in a separate    Table in a separate    offenses in this       offenses in this
                        incident within a 3-   incident within a 3-   Table in a separate    Table in a separate
                        year period while      year period while      incident within a 3-   incident within a 3-
                        operating a CMV, a     operating a non-CMV,   year period while      year period while
                        person required to     a CLP or CDL holder    operating a CMV, a     operating a non-
                        have a CLP or CDL      must be disqualified   person required to     CMV, a CLP or CDL
                        and a CLP or CDL       from operating a CMV   have a CLP or CDL      holder must be
                        holder must be         for. . .               and a CLP or CDL       disqualified from
                        disqualified from                             holder must be         operating a CMV
                        operating a CMV for                           disqualified from      for. . .
                        . . .                                         operating a CMV for.
                                                                      . .
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) Disqualification for railroad-highway grade crossing offenses. 
Table 3 to Sec.  383.51 contains a list of the offenses and the periods 
for which a person who is required to have a CLP or CDL is 
disqualified, when the driver is operating a CMV at the time of the 
violation, as follows:

[[Page 19304]]



                        Table 3 to Sec.   383.51
------------------------------------------------------------------------
 
------------------------------------------------------------------------
If the driver is   For a first        For a second      For a third or
 convicted of       conviction a       conviction of     subsequent
 operating a CMV    person required    any combination   conviction of
 in violation of    to have a CLP or   of offenses in    any combination
 a Federal, State   CDL and a CLP or   this Table in a   of offenses in
 or local law       CDL holder must    separate          this Table in a
 because . . .      be disqualified    incident within   separate
                    from operating a   a 3-year          incident within
                    CMV for . . .      period, a         a 3-year
                                       person required   period, a
                                       to have a CLP     person required
                                       or CDL and a      to have a CLP
                                       CLP or CDL        or CDL and a
                                       holder must be    CLP or CDL
                                       disqualified      holder must be
                                       from operating    disqualified
                                       a CMV for . . .   from operating
                                                         a CMV for. . .
------------------------------------------------------------------------

* * * * *
    (e) Disqualification for violating out-of-service orders. Table 4 
to Sec.  383.51 contains a list of the offenses and periods for which a 
person who is required to have a CLP or CDL is disqualified when the 
driver is operating a CMV at the time of the violation, as follows:

                        Table 4 to Sec.   383.51
------------------------------------------------------------------------
 
------------------------------------------------------------------------
If the driver      For a first        For a second      For a third or
 operates a CMV     conviction while   conviction in a   subsequent
 and is convicted   operating a CMV,   separate          conviction in a
 of . . .           a person           incident within   separate
                    required to have   a 10-year         incident within
                    a CLP or CDL and   period while      a 10-year
                    a CLP or CDL       operating a       period while
                    holder must be     CMV, a person     operating a
                    disqualified       required to       CMV, a person
                    from operating a   have a CLP or     required to
                    CMV for . . .      CDL and a CLP     have a CLP or
                                       or CDL holder     CDL and a CLP
                                       must be           or CDL holder
                                       disqualified      must be
                                       from operating    disqualified
                                       a CMV for . . .   from operating
                                                         a CMV for . . .
------------------------------------------------------------------------

* * * * *
    8. Revise Sec.  383.71 to read as follows:


Sec.  383.71  Driver application procedures.

    (a) Commercial Learner's Permit. Prior to obtaining a CLP, a person 
must meet all of the following requirements:
    (1) The person must be 18 years of age or older and provide proof 
of his/her age.
    (2) The person must have taken and passed a general knowledge test 
that meets the Federal standards contained in subparts F, G, and H of 
this part for the commercial motor vehicle group that person operates 
or expects to operate.
    (3) The person must certify that he/she is not subject to any 
disqualification under Sec.  383.51, or any license suspension, 
revocation, or cancellation under State law, and that he/she does not 
have a driver's license from more than one State or jurisdiction.
    (4) The person must provide to the State of issuance the 
information required to be included on the CLP as specified in subpart 
J of this part.
    (5) The person must provide to the State proof of citizenship or 
immigration status as specified in Table 1 of this section or obtain a 
non-resident CLP as specified in paragraph (f) of this section.
    (6) The person must provide proof that the State to which 
application is made is his or her State of domicile, as the term is 
defined in Sec.  383.5. Acceptable proof of domicile is a document with 
the person's name and residential address within the State, such as a 
government issued tax form.
    (7) The person must provide the names of all States where the 
applicant has been licensed to drive any type of motor vehicle during 
the previous 10 years.
    (8) A person seeking a passenger (P) endorsement must have taken 
and passed the endorsement knowledge test.
    (9) A person who operates or expects to operate in interstate 
commerce, or is otherwise subject to part 391 of this subchapter, must 
certify that he/she meets the qualification requirements contained in 
part 391 of this subchapter. A person who operates or expects to 
operate in interstate commerce, but is not subject to part 391 due to 
an exception under Sec.  390.3(f) or an exemption under Sec.  391.2, 
must certify that he/she is not subject to part 391. A person who 
operates or expects to operate entirely in intrastate commerce and is 
not subject to part 391, is subject to State driver qualification 
requirements and must certify that he/she is not subject to part 391.
    (b) Initial Commercial Driver's License. Prior to obtaining a CDL, 
a person must meet all of the following requirements:
    (1) A person who operates or expects to operate in interstate or 
foreign commerce, or is otherwise subject to part 391 of this 
subchapter, must certify that he/she meets the qualification 
requirements contained in part 391 of this subchapter. A person who 
operates or expects to operate in interstate commerce, but is not 
subject to part 391 due to an exception under Sec.  390.3(f) or an 
exemption under Sec.  391.2, must certify that he/she is not subject to 
part 391. A person who operates or expects to operate entirely in 
intrastate commerce and is not subject to part 391, is subject to State 
driver qualification requirements and must certify that he/she is not 
subject to part 391.
    (2) The person must pass a driving or skills test in accordance 
with the standards contained in subparts F, G, and H of this part taken 
in a motor vehicle which is representative of the type of motor vehicle 
the person operates or expects to operate; or provide evidence that he/
she has successfully passed a driving test administered by an 
authorized third party.
    (3) The person must certify that the motor vehicle in which the 
person takes the driving skills test is representative of the type of 
motor vehicle that person operates or expects to operate.
    (4) The person must provide the State the information required to 
be included on the CDL as specified in subpart J of this part.
    (5) The person must certify that he/she is not subject to any 
disqualification under Sec.  383.51, or any license suspension, 
revocation, or cancellation under State law, and that he/she does not 
have a driver's license from more than one State or jurisdiction.
    (6) The person must surrender his/her non-CDL driver's licenses and 
CLP to the State.
    (7) The person must provide the names of all States where the 
applicant has previously been licensed to drive

[[Page 19305]]

any type of motor vehicle during the previous 10 years.
    (8) If the person is applying for a hazardous materials 
endorsement, he/she must comply with Transportation Security 
Administration requirements codified in 49 CFR part 1572. A lawful 
permanent resident of the United States requesting a hazardous 
materials endorsement must additionally provide his or her Bureau of 
Citizenship and Immigration services (BCIS) Alien registration number.
    (9) The person must provide proof of citizenship or immigration 
status as specified in Table 1 of this section, or be registered under 
paragraph (f) of this section.

 Table 1 to Sec.   383.71.--List of Acceptable Proofs of Citizenship or
                               Immigration
------------------------------------------------------------------------
            Status                          Proof of status
------------------------------------------------------------------------
U.S. Citizen.................   U.S. Passport.
                                Certificate of birth that bears
                                an official seal and was issued by a
                                State, county, municipal authority, or
                                outlying possession of the United
                                States.
                                Certification of Birth abroad
                                issued by the U.S. Department of State
                                (Form FS-545 or DS 1350).
                                Certificate of Naturalization
                                (Form N-550 or N-570).
                                Certificate of U.S. Citizenship
                                (Form N-560 or N-561).
Lawful Permanent Resident....   Permanent Resident Card, Alien
                                Registration Receipt Card (Form I-551).
                                Temporary I-551 stamp in foreign
                                passport.
                                Temporary I-551 stamp on Form I-
                                94, Arrival/Departure Record, with
                                photograph of the bearer.
                                Reentry Permit (Form I-327).
------------------------------------------------------------------------

    (10) The person must provide proof that the State to which 
application is made is his or her State of domicile, as the term is 
defined in Sec.  383.5. Acceptable proof of domicile is a document with 
the person's name and residential address within the State, such as a 
government issued tax form.
    (c) License transfer. When applying to transfer a CDL from one 
State of domicile to a new State of domicile, an applicant must apply 
for a CDL from the new State of domicile within no more than 30 days 
after establishing his/her new domicile. The applicant must:
    (1) Provide to the new State of domicile the certifications 
contained in paragraph (b) of this section;
    (2) Provide to the new State of domicile updated information as 
specified in subpart J of this part;
    (3) If the applicant wishes to retain a hazardous materials 
endorsement, he/she must comply with the requirements specified in 
paragraph (b)(8) of this section and State requirements as specified in 
Sec.  383.73(c)(4);
    (4) Surrender the CDL from the old State of domicile to the new 
State of domicile; and
    (5) Provide the names of all States where the applicant has 
previously been licensed to drive any type of motor vehicle during the 
previous 10 years.
    (6) Provide to the State proof of citizenship or immigration status 
as specified in Table 1 of this section, or be registered under 
paragraph (f) of this section.
    (7) Provide proof to the State that this is his or her State of 
domicile, as the term is defined in Sec.  383.5. Acceptable proof of 
domicile is a document with the person's name and residential address 
within the State, such as a government issued tax form.
    (d) License renewal. When applying for a renewal of a CDL, all 
applicants must:
    (1) Provide to the State certifications contained in paragraph (b) 
of this section;
    (2) Provide to the State updated information as specified in 
subpart J of this part; and
    (3) If a person wishes to retain a hazardous materials endorsement, 
he/she must comply with the requirements specified in paragraph (b)(8) 
of this section and pass the test specified in Sec.  383.121 for such 
endorsement.
    (4) Provide the names of all States where the applicant has 
previously been licensed to drive any type of motor vehicle during the 
previous 10 years.
    (5) Provide to the State proof of citizenship or immigration status 
as specified in Table 1 of this section, or be registered under 
paragraph (f) of this section.
    (6) Provide proof to the State that this is his or her State of 
domicile, as the term is defined in Sec.  383.5. Acceptable proof of 
domicile is a document with the person's name and residential address 
within the State, such as a government issued tax form.
    (e) License upgrades. When applying for a CDL or an endorsement 
authorizing the operation of a CMV not covered by the current CDL, all 
applicants must:
    (1) Provide the certifications specified in paragraph (b) of this 
section;
    (2) Pass all the knowledge tests in accordance with the standards 
contained in subparts F, G, and H of this part and all the skills tests 
specified in paragraph (b)(2) of this section for the new vehicle group 
and/or different endorsements;
    (3) To obtain a hazardous materials endorsement, comply with the 
requirements specified in paragraph (b)(8) of this section; and
    (4) Surrender the previous CDL.
    (f) Nonresident CDL. (1) A person must obtain a Nonresident CDL:
    (i) If the applicant is domiciled in a foreign jurisdiction, as 
defined in Sec.  383.5, and the Administrator has not determined 
whether the commercial motor vehicle operator testing and licensing 
standards of that jurisdiction meet the standards contained in subparts 
G and H of this part.
    (ii) If the applicant is domiciled in a State that is prohibited 
from issuing CDLs in accordance with Sec.  384.405 of this subchapter. 
That person is eligible to obtain a Nonresident CDL from any State that 
elects to issue a Nonresident CDL and which complies with the testing 
and licensing standards contained in subparts F, G, and H of this part.
    (2) An applicant for a nonresident CDL must do both of the 
following:
    (i) Complete the requirements to obtain a CDL contained in 
paragraph (b) of this section. Exception: An applicant domiciled in a 
foreign jurisdiction must provide a foreign issued passport or U.S. 
issued immigration document granting temporary or indefinite legal 
status in the U.S. No proof of domicile is required.
    (ii) After receipt of the CDL, and for as long as it is valid, 
notify the State which issued the CDL of any adverse action taken by 
any jurisdiction or governmental agency, foreign or domestic, against 
his/her driving privileges. Such adverse actions include but are not be 
limited to license suspension or revocation, or disqualification from 
operating a

[[Page 19306]]

commercial motor vehicle for the convictions described in Sec.  383.51. 
Notifications must be made within the time periods specified in Sec.  
383.33.
    (3) An applicant for a Nonresident CDL is not required to surrender 
a previous foreign license.
    9. Revise Sec.  383.72 to read as follows:


Sec.  383.72  Implied consent to alcohol testing.

    Any person who holds a CLP or CDL or is required to hold a CLP or 
CDL is considered to have consented to such testing as is required by 
any State or jurisdiction in the enforcement of Sec. Sec.  383.51(b), 
Table 1, item (4) and 392.5(a)(2) of this subchapter. Consent is 
implied by driving a commercial motor vehicle.
    10. Revise Sec.  383.73 to read as follows:


Sec.  383.73  State procedures.

    (a) Commercial Learner's Permit. Prior to issuing a CLP to a 
person, a State must:
    (1) Require the applicant to make the certifications, pass the 
tests, and provide the information as described in Sec.  383.71(a);
    (2) Initiate and complete a check of the applicant's driving record 
as described in paragraph (b)(3) of this section.
    (3) Make a CLP valid for no more than 180 days from the date of 
issuance and provide for renewal of a CLP only for an additional 90 
days without the CLP holder having to retake the general and 
endorsement knowledge tests;
    (4) Allow only a group-specific passenger (P) endorsement on a CLP, 
provided the applicant has taken and passed the endorsement knowledge 
test. All other Federal endorsements are prohibited on a CLP; and
    (5) Complete the Social Security Number verification required by 
paragraph (g) of this section.
    (6) Require compliance with the standards for providing proof of 
citizenship or immigration status specified in Sec.  383.71(a)(5) and 
proof of State of domicile specified in Sec.  383.71(a)(6).
    (b) Initial CDL. Prior to issuing a CDL to a person, a State must:
    (1) Require the driver applicant to certify, pass tests, and 
provide information as described in Sec.  383.71(b);
    (2) Check that the vehicle in which the applicant takes his/her 
test is representative of the vehicle group the applicant has certified 
that he/she operates or expects to operate;
    (3) Initiate and complete a check of the applicant's driving record 
to ensure that the person is not subject to any disqualification under 
Sec.  383.51, or any license suspension, revocation, or cancellation 
under State law, and that the person does not have a driver's license 
from more than one State or jurisdiction. The record check must 
include, but is not limited to, the following:
    (i) A check of the applicant's driving record as maintained by his/
her current State of licensure, if any;
    (ii) A check with the CDLIS to determine whether the driver 
applicant already has been issued a CDL, whether the applicant's 
license has been suspended, revoked, or canceled, or if the applicant 
has been disqualified from operating a commercial motor vehicle;
    (iii) A check with the Problem Driver Pointer System (PDPS) to 
determine whether the driver applicant has:
    (A) Been disqualified from operating a motor vehicle (other than a 
commercial motor vehicle);
    (B) Had a license (other than CDL) suspended, revoked, or canceled 
for cause in the 3-year period ending on the date of application; or
    (C) Been convicted of any offenses contained in 49 U.S.C. 
30304(a)(3);
    (iv) A request for the applicant's complete driving record from all 
States where the applicant was previously licensed over the last 10 
years to drive any type of motor vehicle. Exception: A State is only 
required to make the request for the complete driving record specified 
in this paragraph for initial issuance of a CLP, transfer of CDL from 
another State or for drivers renewing a CDL for the first time after 
September 30, 2002, provided a notation is made on the driver's record 
confirming that the driver record check required by this paragraph has 
been made and noting the date it was done;
    (4) Require the driver applicant to surrender his/her non-CDL 
driver's license and CLP;
    (5) Require compliance with the standards for providing proof of 
citizenship or immigration status specified in Sec.  383.71(b)(9) and 
proof of State of domicile specified in Sec.  383.71(b)(10). Exception: 
A State is only required to check the proof of citizenship or 
immigration status specified in this paragraph for initial issuance of 
a CLP or Nonresident CDL, transfer of CDL from another State or for 
drivers renewing a CDL or Nonresident CDL for the first time after 
[effective date of final rulemaking], provided a notation is made on 
the driver's record confirming that the proof of citizenship or 
immigration status check required by this paragraph has been made and 
noting the date it was done;
    (6) If not previously done, complete the Social Security Number 
verification required by paragraph (g) of this section;
    (7) For persons applying for a hazardous materials endorsement, 
require compliance with the standards for such endorsement specified in 
Sec. Sec.  383.71(b)(8) and 383.141; and
    (8) Make the CDL valid for no more than 8 years from the date of 
issuance.
    (c) License transfers. Prior to issuing a CDL to a person who has a 
CDL from another State, a State must:
    (1) Require the driver applicant to make the certifications 
contained in Sec.  383.71(b);
    (2) Complete a check of the driver applicant's record as contained 
in paragraph (b)(3) of this section;
    (3) Request and receive updates of information specified in subpart 
J of this part;
    (4) If such applicant wishes to retain a hazardous materials 
endorsement, require compliance with standards for such endorsement 
specified in Sec. Sec.  383.71(b)(8) and 383.141 and ensure that the 
driver has, within the 2 years preceding the transfer, either:
    (i) Passed the test for such endorsement specified in Sec.  
383.121; or
    (ii) Successfully completed a hazardous materials test or training 
that is given by a third party and that is deemed by the State to 
substantially cover the same knowledge base as that described in Sec.  
383.121;
    (5) If not previously done, complete the Social Security Number 
verification required by paragraph (g) of this section; and
    (6) Require the applicant to surrender the CDL issued by the 
applicant's previous State of domicile.
    (7) Require compliance with the standards for providing proof of 
citizenship or immigration status specified in Sec.  383.71(b)(9) and 
proof of State of domicile specified in Sec.  383.71(b)(10). Exception: 
A State is only required to check the proof of citizenship or 
immigration status specified in this paragraph for initial issuance of 
a CLP or Nonresident CDL, transfer of CDL from another State or for 
drivers renewing a CDL or Nonresident CDL for the first time after 
[effective date of final rule], provided a notation is made on the 
driver's record confirming that the proof of citizenship or immigration 
status check required by this paragraph has been made and noting the 
date it was done.
    (d) License Renewals. Prior to renewing any CDL a State must:
    (1) Require the driver applicant to make the certifications 
contained in Sec.  383.71(b);

[[Page 19307]]

    (2) Complete a check of the driver applicant's record as contained 
in paragraph (b)(3) of this section;
    (3) Request and receive updates of information specified in subpart 
J of this part;
    (4) If such applicant wishes to retain a hazardous materials 
endorsement, require the driver to pass the test specified in Sec.  
383.121 and comply with the standards specified in Sec. Sec.  
383.71(b)(8) and 383.141 for such endorsement;
    (5) If not previously done, complete the Social Security Number 
verification required by paragraph (g) of this section; and
    (6) Make the renewal of the CDL valid for no more than 8 years from 
the date of issuance.
    (7) Require compliance with the standards for providing proof of 
citizenship or immigration status specified in Sec.  383.71(b)(9) and 
proof of State of domicile specified in Sec.  383.71(b)(10).
    (e) License upgrades. Prior to issuing an upgrade of a CDL, a State 
must:
    (1) Require such driver applicant to provide certifications, pass 
tests, and meet applicable hazardous materials standards specified in 
Sec.  383.71(e);
    (2) Complete a check of the driver applicant's record as described 
in paragraph (b)(3) of this section;
    (3) If not previously done, complete the Social Security Number 
verification required by paragraph (g) of this section; and
    (4) Require the driver applicant to surrender his/her previous CDL.
    (5) Require compliance with the standards for providing proof of 
citizenship or immigration status specified in Sec.  383.71(b)(9) and 
proof of State of domicile specified in Sec.  383.71(b)(10).
    (f) Nonresident CDL. (1) A State may only issue a Nonresident CDL 
to a person who meets one of the circumstances described in Sec.  
383.71(f)(1).
    (2) State procedures for the issuance of a nonresident CDL, for any 
modifications thereto, and for notifications to the CDLIS must at a 
minimum be identical to those pertaining to any other CDL, with the 
following exceptions:
    (i) If the applicant is requesting a transfer of his/her 
Nonresident CDL, the State must obtain the Nonresident CDL currently 
held by the applicant and issued by another State;
    (ii) The State must add the word ``Nonresident'' to the face of the 
CDL, in accordance with Sec.  383.153(b); and
    (iii) The State must have established, prior to issuing any 
Nonresident CDL, the practical capability of disqualifying the holder 
of any Nonresident CDL, by withdrawing, suspending, canceling, and 
revoking his/her Nonresident CDL as if the Nonresident CDL were a CDL 
issued to a person domiciled in the State.
    (3) The State must require compliance with the standards for 
providing proof of immigration status specified in Sec.  383.71(b)(9) 
and Sec.  383.71(f)(2)(i).
    (g) Social Security Number verification. (1) Prior to issuing a CLP 
or a CDL to a person the State must verify the name, date of birth, and 
Social Security Number provided by the applicant with the information 
on file with the Social Security Administration. The State is 
prohibited from issuing, renewing, upgrading, or transferring a CLP or 
CDL if the Social Security Administration database does not match the 
applicant-provided data.
    (2) Exception: A State is only required to perform the Social 
Security Number verification specified in this paragraph for initial 
issuance of a CLP, transfer of CDL from another State or for drivers 
renewing a CDL for the first time after [effective date of final 
rulemaking] who have not previously had their Social Security Number 
information verified, provided a notation is made on the driver's 
record confirming that the verification required by this paragraph has 
been made and noting the date it was done.
    (h) License issuance. After the State has completed the procedures 
described in paragraphs (a) through (g) of this section, it may issue a 
CLP or CDL to the driver applicant. The State must:
    (1) Mail the initial CLP or CDL to the address provided on the 
application form; and
    (2) Notify the operator of the CDLIS of such issuance, transfer, 
renewal, or upgrade within the 10-day period beginning on the date of 
license issuance.
    (i) Surrender procedure. A State may return a surrendered license 
to a driver after physically marking it so that it cannot be mistaken 
for a valid document. Simply punching a hole in the expiration date of 
the document is insufficient. A document perforated with the word 
``VOID'' is considered invalidated.
    (j) Penalties for false information. If a State determines, in its 
check of an applicant's license status and record prior to issuing a 
CLP or CDL, or at any time after the CLP or CDL is issued, that the 
applicant has falsified information contained in subpart J of this part 
or any of the certifications required in Sec.  383.71(b), the State 
must at a minimum suspend, cancel, or revoke the person's CLP or CDL or 
his/her pending application, or disqualify the person from operating a 
commercial motor vehicle for a period of at least 60 consecutive days.
    (k) Drivers convicted of fraud related to the testing and issuance 
of a CLP or CDL. (1) The State must have policies in effect which 
result, at a minimum, in the cancellation or revocation of the CLP or 
CDL of a person who has been convicted of fraud related to the issuance 
of that CLP or CDL. The application of a person so convicted who seeks 
to renew, transfer, or upgrade the fraudulently obtained CLP or CDL 
must also, at a minimum, be canceled or revoked. The State must record 
any such withdrawal in the person's driving record. The person may not 
reapply for a new CDL for at least 1 year.
    (2) If a State receives credible information that a CLP- or CDL-
holder is suspected, but has not been convicted, of fraud related to 
the issuance of his or her CLP or CDL, the State must require the 
driver to be re-tested within 30 days both for knowledge and skills. 
The driver's CLP or CDL must be withdrawn after 30 days pending the 
results of re-testing.
    (l) Reciprocity. A State must allow any person who has a valid CLP, 
CDL, Nonresident CLP, or Nonresident CDL and who is not disqualified 
from operating a CMV, to operate a CMV in the State.
    (m) Document verification. The State must require at least two 
persons within the driver licensing agency to check and verify all 
documents involved in the licensing process for the initial issuance, 
renewal, upgrade, or transfer of a CLP or CDL. The documents being 
checked and verified must include, at a minimum, those provided by the 
applicant to prove legal presence and domicile, the information filled 
out on the application form, and knowledge and skills test scores.
    (n) Computer system controls. The State must establish computer 
system controls that would:
    (1) Prevent the issuance of an initial, renewed, upgraded, or 
transferred CLP or CDL when the results of transactions indicate the 
applicant is unqualified. These controls, at a minimum, must be 
established for the following transactions: State, CDLIS, and PDPS 
driver record checks; Social Security Number verification; and 
knowledge and skills test scores verification.
    (2) Ensure that only supervisory level personnel may continue the 
issuance process whenever State, CDLIS, and/or PDPS driver record 
checks return suspect results. The supervisor must ensure these results 
are not connected to

[[Page 19308]]

a violation of any State or local law relating to motor vehicle traffic 
control (other than a parking violation). In addition, both the name of 
the person authorizing the issuance and the justification for the 
authorization must be documented by the State.
    11. Revise Sec.  383.75 to read as follows:


Sec.  383.75  Third party testing.

    (a) Third party tests. A State may authorize a third-party tester 
to administer the skills tests as specified in subparts G and H of this 
part, if the following conditions are met:
    (1) The tests given by the third party are the same as those which 
would otherwise be given by the State using the same version of the 
skills tests, the same written instructions for test applicants, and 
the same scoring sheets as those prescribed in subparts G and H of this 
part;
    (2) The State must conduct an on-site inspection of each third 
party test site at least annually, with focus on examiners with 
unusually high or low pass or fail rates;
    (3) The State must issue the third party tester a CDL skills 
testing certificate upon the execution of a third party skills testing 
agreement.
    (4) The State must issue each third party CDL skills test examiner 
a skills testing certificate upon successful completion of a formal 
skills test examiner training course prescribed by the State;
    (5) The State must, at least on an annual basis, do one of the 
following for each third party examiner:
    (i) Have State employees covertly take the tests administered by 
the third party as if the State employee were a test applicant;
    (ii) Have State employees co-score along with the third party 
examiner during CDL skills tests to compare pass/fail results; or
    (iii) Re-test a sample of drivers who were examined by the third 
party to compare pass/fail results;
    (6) The State must take prompt and appropriate remedial action 
against a third-party tester that fails to comply with State or Federal 
standards for the CDL testing program, or with any other terms of the 
third-party contract; and
    (7) The State has an agreement with the third party containing, at 
a minimum, provisions that:
    (i) Allow the FMCSA, or its representative, and the State to 
conduct random examinations, inspections, and audits of its records, 
facilities, and operations without prior notice;
    (ii) Require that all third party examiners meet the qualification 
and training standards of Sec.  384.228;
    (iii) Allow the State to do any of the following:
    (A) Have State employees covertly take the tests administered by 
the third party as if the State employee were a test applicant;
    (B) Have State employees co-score along with the third party 
examiner during CDL skills tests to compare pass/fail results; or
    (C) Have the State re-test a sample of drivers who were examined by 
the third party;
    (iv) Reserve unto the State the right to take prompt and 
appropriate remedial action against a third-party tester that fails to 
comply with State or Federal standards for the CDL testing program, or 
with any other terms of the third-party contract;
    (v) Require the third party tester to initiate and maintain a bond 
in an amount determined by the State to be sufficient to pay for re-
testing drivers in the event that the third party or one or more of its 
examiners is involved in fraudulent activities related to conducting 
skills testing for applicants for a CDL.
    (vi) Require the third party tester to use only CDL skills 
examiners who have successfully completed a formal CDL skills test 
examiner training course as prescribed by the State and have been 
certified by the State as a CDL skills examiner qualified to administer 
CDL skills tests;
    (vii) Require the third party tester to use designated road test 
routes that have been approved by the State;
    (viii) Require the third party tester to submit a weekly schedule 
of CDL skills testing appointments to the State no later than the last 
business day of the prior week; and
    (ix) Require the third party tester to maintain copies of the 
following records at its principal place of business:
    (A) A copy of the State certificate authorizing the third party 
tester to administer a CDL skills testing program for the classes and 
types of commercial motor vehicles listed;
    (B) A copy of each third party examiner's State certificate 
authorizing the third party examiner to administer CDL skills tests for 
the classes and types of commercial motor vehicles listed;
    (C) A copy of the current third party agreement;
    (D) A copy of each completed CDL skills test scoring sheet for the 
current year and the past two calendar years;
    (E) A copy of the third party tester's State-approved road test 
route(s); and
    (F) A copy of each third party examiner's training record.
    (b) Proof of testing by a third party. The third party tester must 
notify the State driver licensing agency through secure electronic 
means when a driver applicant passes skills tests administered by the 
third party tester.
    (c) Minimum number of tests conducted. (1) The State must cancel 
the third party agreement of any third party tester that does not 
conduct at least 50 skills test examinations per calendar year.
    (2) The State must revoke the skills testing certification of any 
examiner who does not conduct at least 10 skills test examinations per 
calendar year.


Sec.  383.77  [Removed]

    12. Remove Sec.  383.77.
    13. Add new Sec.  383.79 to read as follows:


Sec.  383.79  Skills testing of out-of-State students.

    (a) A State may administer its skills test, in accordance with 
subparts F, G, and H of this part, to a person who has taken training 
in that State and is to be licensed in another United States 
jurisdiction (i.e., his/her State of domicile). Such test results must 
be transmitted electronically directly from the testing State to the 
licensing State in an efficient and secure manner.
    (b) The State of domicile of a CDL applicant must accept the 
results of a skills test administered to the applicant by any other 
State, in accordance with subparts F, G, and H of this part, in 
fulfillment of the applicant's testing requirements under Sec.  383.71, 
and the State's test administration requirements under Sec.  383.73.
    14. Amend Sec.  383.93 by revising paragraph (a) to read as 
follows:


Sec.  383.93  Endorsements.

    (a) General. (1) In addition to passing the knowledge and skills 
tests described in subpart G of this part, all persons who operate or 
expect to operate the type(s) of motor vehicles described in paragraph 
(b) of this section must pass specialized tests to obtain each 
endorsement. The State shall issue CDL endorsements only to drivers who 
successfully complete the tests.
    (2) The only endorsement allowed on a CLP is a Passenger 
endorsement.
    (3) The State must use the codes listed in Sec.  383.153 when 
placing endorsements on a CLP or CDL.
* * * * *
    15. Revise Sec.  383.95 to read as follows:


Sec.  383.95  Restrictions.

    (a) Air brake. (1) If an applicant either fails the air brake 
component of the knowledge test, or performs the skills test in a 
vehicle not equipped with air brakes, the State must indicate on the

[[Page 19309]]

CLP or CDL, if issued, that the person is restricted from operating a 
CMV equipped with air brakes.
    (2) For the purposes of the skills test and the restriction, air 
brakes include any braking system operating fully or partially on the 
air brake principle.
    (b) Full air brake. (1) If an applicant performs the skills test in 
a vehicle equipped with air over hydraulic brakes, the State must 
indicate on the CDL, if issued, that the person is restricted from 
operating a CMV equipped with any braking system operating fully on the 
air brake principle.
    (2) For the purposes of the skills test and the restriction, air 
over hydraulic brakes includes any braking system operating partially 
on the air brake and partially on the hydraulic brake principle.
    (c) Manual transmission. (1) If an applicant performs the skills 
test in a vehicle equipped with an automatic transmission, the State 
must indicate on the CDL, if issued, that the person is restricted from 
operating a CMV equipped with a manual transmission.
    (2) For the purposes of the skills test and the restriction, an 
automatic transmission includes any transmission not operating fully on 
the gear shift and clutch principle.
    (d) Tractor-trailer. If an applicant performs the skills test in a 
combination vehicle for a Group A CDL with the power unit and towed 
unit connected with a pintle hook or other non-fifth wheel connection, 
the State must indicate on the CDL, if issued, that the person is 
restricted from operating a tractor-trailer combination connected by a 
fifth wheel that requires a Group A CDL.
    (e) Group A passenger vehicle. If an applicant applying for a 
passenger endorsement performs the skills test in a passenger vehicle 
requiring a Group B CDL, the State must indicate on the CDL, if issued, 
that the person is restricted from operating a passenger vehicle 
requiring a Group A CDL.
    (f) Group A and B passenger vehicle. If an applicant applying for a 
passenger endorsement performs the skills test in a passenger vehicle 
requiring a Group C CDL, the State must indicate on the CDL, if issued, 
that the person is restricted from operating a passenger vehicle 
requiring a Group A or B CDL.
    (g) CLP Passenger Vehicle. If an applicant is applying for a 
passenger endorsement on a CLP, the State must indicate on the CLP, if 
issued, that the person is restricted from operating a passenger 
vehicle carrying passengers, except for the CDL holder who is required 
to accompany the CLP holder.
    16. Revise Sec.  383.110 to read as follows:


Sec.  383.110  General requirement.

    All drivers of commercial motor vehicles (CMVs) must have knowledge 
and skills necessary to operate a CMV safely as contained in this 
subpart. The specific types of items, which a State must include in the 
knowledge and skills tests that it administers to CDL applicants, are 
included in this subpart.
    17. Revise Sec.  383.111 to read as follows:


Sec.  383.111  Required knowledge.

    (a) All CMV operators must have knowledge of the following 20 
general areas:
    (1) Safe operations regulations. Driver-related elements of the 
regulations contained in parts 391, 392, 393, 395, 396, and 397 of this 
subchapter, such as:
    (i) Motor vehicle inspection, repair, and maintenance requirements;
    (ii) Procedures for safe vehicle operations;
    (iii) The effects of fatigue, poor vision, hearing, and general 
health upon safe commercial motor vehicle operation;
    (iv) The types of motor vehicles and cargoes subject to the 
requirements contained in part 397 of this subchapter; and
    (v) The effects of alcohol and drug use upon safe commercial motor 
vehicle operations.
    (2) CMV safety control systems. (i) Proper use of the motor 
vehicle's safety system, including lights, horns, side and rear-view 
mirrors, proper mirror adjustments, fire extinguishers, symptoms of 
improper operation revealed through instruments, motor vehicle 
operation characteristics, and diagnosing malfunctions.
    (ii) CMV drivers must have knowledge of the correct procedures 
needed to use these safety systems in an emergency situation, e.g., 
skids and loss of brakes.
    (3) Safe vehicle control systems. The purpose and function of the 
controls and instruments commonly found on CMVs.
    (4) Basic control. The proper procedures for performing various 
basic maneuvers, including:
    (i) Starting, warming up, and shutting down the engine;
    (ii) Putting the vehicle in motion and stopping;
    (iii) Backing in a straight line; and
    (iv) Turning the vehicle, e.g., basic rules, off tracking, right/
left turns and right curves.
    (5) Shifting. The basic shifting rules and terms, as well as shift 
patterns and procedures for common transmissions, including:
    (i) Key elements of shifting, e.g., controls, when to shift, and 
double clutching;
    (ii) Shift patterns and procedures; and
    (iii) Consequences of improper shifting.
    (6) Backing. The procedures and rules for various backing 
maneuvers, including:
    (i) Backing principles and rules; and
    (ii) Basic backing maneuvers, e.g., straight-line backing, and 
backing on a curved path.
    (7) Visual search. The importance of proper visual search, and 
proper visual search methods, including:
    (i) Seeing ahead and to the sides;
    (ii) Use of mirrors; and
    (iii) Seeing to the rear.
    (8) Communication. The principles and procedures for proper 
communications and the hazards of failure to signal properly, 
including:
    (i) Signaling intent, e.g., signaling when changing direction in 
traffic;
    (ii) Communicating presence, e.g., using horn or lights to signal 
presence; and
    (iii) Misuse of communications.
    (9) Speed management. The importance of understanding the effects 
of speed, including:
    (i) Speed and stopping distance;
    (ii) Speed and surface conditions;
    (iii) Speed and the shape of the road;
    (iv) Speed and visibility; and
    (v) Speed and traffic flow.
    (10) Space management. The procedures and techniques for 
controlling the space around the vehicle, including:
    (i) The importance of space management;
    (ii) Space cushions, e.g., controlling space ahead/to the rear;
    (iii) Space to the sides; and
    (iv) Space for traffic gaps.
    (11) Night operation. Preparations and procedures for night 
driving, including:
    (i) Night driving factors, e.g., driver factors (vision, glare, 
fatigue, inexperience);
    (ii) Roadway factors (low illumination, variation in illumination, 
unfamiliarity with roads, other road users, especially drivers 
exhibiting erratic or improper driving); and
    (iii) Vehicle factors (headlights, auxiliary lights, turn signals, 
windshields and mirrors).
    (12) Extreme driving conditions. The basic information on operating 
in extreme driving conditions and the hazards encountered in such 
conditions, including:
    (i) Bad weather, e.g., snow, ice, sleet, high wind;

[[Page 19310]]

    (ii) Hot weather; and
    (iii) Mountain driving.
    (13) Hazard perceptions. The basic information on hazard perception 
and clues for recognition of hazards, including:
    (i) Road characteristics; and
    (ii) Road user activities.
    (14) Emergency maneuvers. The basic information concerning when and 
how to make emergency maneuvers, including:
    (i) Evasive steering;
    (ii) Emergency stop;
    (iii) Off road recovery;
    (iv) Brake failure; and
    (v) Blowouts.
    (15) Skid control and recovery. The information on the causes and 
major types of skids, as well as the procedures for recovering from 
skids.
    (16) Relationship of cargo to vehicle control. The principles and 
procedures for the proper handling of cargo, including:
    (i) Consequences of improperly secured cargo, drivers' 
responsibilities, and Federal/State and local regulations;
    (ii) Principles of weight distribution; and
    (iii) Principles and methods of cargo securement.
    (17) Vehicle inspections. The objectives and proper procedures for 
performing vehicle safety inspections, as follows:
    (i) The importance of periodic inspection and repair to vehicle 
safety.
    (ii) The effect of undiscovered malfunctions upon safety.
    (iii) What safety-related parts to look for when inspecting 
vehicles, e.g., fluid leaks, interference with visibility, bad tires, 
wheel and rim defects, braking system defects, steering system defects, 
suspension system defects, exhaust system defects, coupling system 
defects, and cargo problems.
    (iv) Pre-trip/en route/post-trip inspection procedures.
    (v) Reporting findings.
    (18) Hazardous materials. Knowledge of the following:
    (i) What constitutes hazardous material requiring an endorsement to 
transport;
    (ii) Classes of hazardous materials;
    (iii) Labeling/placarding requirements; and
    (iv) Need for specialized training as a prerequisite to receiving 
the endorsement and transporting hazardous cargoes.
    (19) Mountain driving. Practices that are important when driving 
upgrade and downgrade, including:
    (i) Selecting a safe speed;
    (ii) Selecting the right gear; and
    (iii) Proper braking techniques.
    (20) Fatigue and awareness. Practices that are important to staying 
alert and safe while driving, including;
    (i) Being prepared to drive;
    (ii) What to do when driving;
    (iii) What to do when sleepy while driving; and
    (iv) Becoming ill while driving.
    (b) Air brakes. All CMV drivers operating vehicles equipped with 
air brakes must have knowledge of the following 7 areas:
    (1) General air brake system nomenclature;
    (2) The dangers of contaminated air supply (dirt, moisture, and 
oil);
    (3) Implications of severed or disconnected air lines between the 
power unit and the trailer(s);
    (4) Implications of low air pressure readings;
    (5) Procedures to conduct safe and accurate pre-trip inspections, 
including knowledge about:
    (i) Automatic fail-safe devices;
    (ii) System monitoring devices; and
    (iii) Low pressure warning alarms.
    (6) Procedures for conducting en route and post-trip inspections of 
air actuated brake systems, including:
    (i) Ability to detect defects which may cause the system to fail;
    (ii) Tests that indicate the amount of air loss from the braking 
system within a specified period, with and without the engine running; 
and
    (iii) Tests that indicate the pressure levels at which the low air 
pressure warning devices and the tractor protection valve should 
activate.
    (7) General operating practices and procedures, including:
    (i) Proper braking techniques;
    (ii) Antilock brakes;
    (iii) Emergency stops; and
    (iv) Parking brake.
    (c) Combination vehicles. All CMV drivers operating combination 
vehicles must have knowledge of the following 3 areas:
    (1) Coupling and uncoupling--The procedures for proper coupling and 
uncoupling a tractor to a semi-trailer;
    (2) Vehicle inspection--The objectives and proper procedures that 
are unique for performing vehicle safety inspections on combination 
vehicles; and
    (3) General operating practices and procedures, including:
    (i) Safely operating combination vehicles; and
    (ii) Air brakes.
    18. Revise Sec.  383.113 to read as follows:


Sec.  383.113  Required skills.

    (a) Pre-trip vehicle inspection skills. Applicants for a CDL must 
possess the following basic pre-trip vehicle inspection skills for the 
vehicle class that the driver operates or expects to operate:
    (1) All test vehicles. Applicants must be able to identify each 
safety-related part on the vehicle and explain what needs to be 
inspected to make sure the part is in a safe condition, including:
    (i) Engine compartment;
    (ii) Cab/engine start;
    (iii) Steering;
    (iv) Suspension;
    (v) Brakes;
    (vi) Wheels;
    (vii) Side of vehicle;
    (viii) Rear of vehicle; and
    (ix) Special features of tractor trailer, school bus, or coach/
transit bus, if this type of vehicle is being used for the test.
    (2) Air brake equipped test vehicles. Applicants must demonstrate 
the following skills with respect to inspection and operation of air 
brakes:
    (i) Locate and verbally identify air brake operating controls and 
monitoring devices;
    (ii) Determine the motor vehicle's brake system condition for 
proper adjustments and that air system connections between motor 
vehicles have been properly made and secured;
    (iii) Inspect the low pressure warning device(s) to ensure that 
they will activate in emergency situations;
    (iv) With the engine running, make sure that the system maintains 
an adequate supply of compressed air;
    (v) Determine that required minimum air pressure build up time is 
within acceptable limits and that required alarms and emergency devices 
automatically deactivate at the proper pressure level; and
    (vi) Operationally check the brake system for proper performance.
    (b) Basic vehicle control skills. All applicants for a CDL must 
possess and demonstrate the following basic motor vehicle control 
skills for the vehicle class that the driver operates or expects to 
operate:
    (1) Ability to start, warm up, and shut down the engine;
    (2) Ability to put the motor vehicle in motion and accelerate 
smoothly, forward and backward;
    (3) Ability to bring the motor vehicle to a smooth stop;
    (4) Ability to back the motor vehicle in a straight line, and check 
path and clearance while backing;
    (5) Ability to position the motor vehicle to negotiate and then 
make left and right turns;
    (6) Ability to shift as required and select appropriate gear for 
speed and highway conditions; and
    (7) Ability to back along a curved path.

[[Page 19311]]

    (c) Safe on-road driving skills. All applicants for a CDL must 
possess and demonstrate the following safe on-road driving skills for 
their vehicle class:
    (1) Ability to use proper visual search methods;
    (2) Ability to signal appropriately when changing direction in 
traffic;
    (3) Ability to adjust speed to the configuration and condition of 
the roadway, weather and visibility conditions, traffic conditions, and 
motor vehicles, cargo and driver conditions;
    (4) Ability to choose a safe gap for changing lanes, passing other 
vehicles, as well as for crossing or entering traffic;
    (5) Ability to position the motor vehicle correctly before and 
during a turn to prevent other vehicles from passing on the wrong side 
as well as to prevent problems caused by off-tracking;
    (6) Ability to maintain a safe following distance depending on the 
condition of the road, on visibility, and on vehicle weight;
    (7) Ability to adjust operation of the motor vehicle to prevailing 
weather conditions including speed selection, braking, direction 
changes, and following distance to maintain control; and
    (8) Ability to observe the road and the behavior of other motor 
vehicles, particularly before changing speed and direction.
    (d) Test area. Skills tests shall be conducted in on-street 
conditions or under a combination of on-street and off-street 
conditions.
    (e) Simulation technology. A State may utilize simulators to 
perform skills testing, but under no circumstances as a substitute for 
the required testing in on-street conditions.
    19. Revise Sec.  383.115 to read as follows:


Sec.  383.115  Requirements for double/triple trailers endorsement.

    In order to obtain a double/triple trailers endorsement each 
applicant must have knowledge covering:
    (a) Procedures for assembly and hookup of the units;
    (b) Proper placement of heaviest trailer;
    (c) Handling and stability characteristics including off-tracking, 
response to steering, sensory feedback, braking, oscillatory sway, 
rollover in steady turns, and yaw stability in steady turns;
    (d) Potential problems in traffic operations, including problems 
the motor vehicle creates for other motorists due to slower speeds on 
steep grades, longer passing times, possibility for blocking entry of 
other motor vehicles on freeways, splash and spray impacts, aerodynamic 
buffeting, view blockages, and lateral placement; and
    (e) Operating practices and procedures not otherwise specified.
    20. Revise Sec.  383.117 to read as follows:


Sec.  383.117  Requirements for passenger endorsement.

    An applicant for the passenger endorsement must satisfy both of the 
following additional knowledge and skills test requirements.
    (a) Knowledge test. All applicants for the passenger endorsement 
must have knowledge covering the following topics:
    (1) Proper procedures for loading/unloading passengers;
    (2) Proper use of emergency exits, including push-out windows;
    (3) Proper responses to such emergency situations as fires and 
unruly passengers;
    (4) Proper procedures at railroad-highway grade crossings and 
drawbridges;
    (5) Proper braking procedures; and
    (6) Operating practices and procedures not otherwise specified.
    (b) Skills test. To obtain a passenger endorsement applicable to a 
specific vehicle class, an applicant must take his/her skills test in a 
passenger vehicle satisfying the requirements of that vehicle group as 
defined in Sec.  383.91.
    21. Revise Sec.  383.119 to read as follows:


Sec.  383.119  Requirements for tank vehicle endorsement.

    In order to obtain a tank vehicle endorsement, each applicant must 
have knowledge covering the following:
    (a) Causes, prevention, and effects of cargo surge on motor vehicle 
handling;
    (b) Proper braking procedures for the motor vehicle when it is 
empty, full, and partially full;
    (c) Differences in handling of baffled/compartmental tank interiors 
versus non-baffled motor vehicles;
    (d) Differences in tank vehicle type and construction;
    (e) Differences in cargo surge for liquids of varying product 
densities;
    (f) Effects of road grade and curvature on motor vehicle handling 
with filled, half-filled, and empty tanks;
    (g) Proper use of emergency systems;
    (h) For drivers of DOT specification tank vehicles, retest and 
marking requirements; and
    (i) Operating practices and procedures not otherwise specified.
    22. Revise Sec.  383.121 to read as follows:


Sec.  383.121  Requirements for hazardous materials endorsement.

    In order to obtain a hazardous material endorsement each applicant 
must have such knowledge as is required of a driver of a hazardous 
materials laden vehicle, from information contained in 49 CFR parts 
171, 172, 173, 177, 178, and 397 on the following:
    (a) Hazardous materials regulations including:
    (1) Hazardous materials table;
    (2) Shipping paper requirements;
    (3) Marking;
    (4) Labeling;
    (5) Placarding requirements;
    (6) Hazardous materials packaging;
    (7) Hazardous materials definitions and preparation;
    (8) Other regulated material (e.g., ORM-D);
    (9) Reporting hazardous materials accidents; and
    (10) Tunnels and railroad crossings.
    (b) Hazardous materials handling including:
    (1) Forbidden materials and packages;
    (2) Loading and unloading materials;
    (3) Cargo segregation;
    (4) Passenger carrying buses and hazardous materials;
    (5) Attendance of motor vehicles;
    (6) Parking;
    (7) Routes;
    (8) Cargo tanks; and
    (9) ``Safe havens.''
    (c) Operation of emergency equipment including:
    (1) Use of equipment to protect the public;
    (2) Special precautions for equipment to be used in fires;
    (3) Special precautions for use of emergency equipment when loading 
or unloading a hazardous materials laden motor vehicle; and
    (4) Use of emergency equipment for tank vehicles.
    (d) Emergency response procedures including:
    (1) Special care and precautions for different types of accidents;
    (2) Special precautions for driving near a fire and carrying 
hazardous materials, and smoking and carrying hazardous materials;
    (3) Emergency procedures; and
    (4) Existence of special requirements for transporting Class A and 
B explosives.
    (e) Operating practices and procedures not otherwise specified.
    23. Revise Sec.  383.123 to read as follows:


Sec.  383.123  Requirements for a school bus endorsement.

    (a) An applicant for the school bus endorsement must satisfy the 
following three requirements:

[[Page 19312]]

    (1) Qualify for passenger vehicle endorsement. Pass the knowledge 
and skills test for obtaining a passenger vehicle endorsement.
    (2) Knowledge test. Must have knowledge covering the following 
topics:
    (i) Loading and unloading children, including the safe operation of 
stop signal devices, external mirror systems, flashing lights, and 
other warning and passenger safety devices required for school buses by 
State or Federal law or regulation.
    (ii) Emergency exits and procedures for safely evacuating 
passengers in an emergency.
    (iii) State and Federal laws and regulations related to safely 
traversing railroad-highway grade crossings; and
    (iv) Operating practices and procedures not otherwise specified.
    (3) Skills test. Must take a driving skills test in a school bus of 
the same vehicle group (see Sec.  383.91(a)) as the school bus 
applicant will drive.
    (b) Exception. Knowledge and skills tests administered before 
September 30, 2002 and approved by FMCSA as meeting the requirements of 
this section, meet the requirements of paragraphs (a)(2) and (a)(3) of 
this section.

Appendix to Subpart G [Removed]

    24. Remove the appendix to subpart G of part 383.
    25. Revise Sec.  383.131 to read as follows:


Sec.  383.131  Test manuals.

    (a) Driver information manual. (1) A State must provide to a CLP or 
CDL applicant a copy of the driver information manual that conforms to 
the requirements in the December 2005 edition of the American 
Association of Motor Vehicle Administrators' (AAMVA's) ``Model 
Commercial Driver Manual'' (Incorporated by reference, see Sec.  
383.9). These requirements include:
    (i) Information on how to obtain a CDL and endorsements;
    (ii) Information on the requirements described in Sec.  383.71, the 
implied consent to alcohol testing described in Sec.  383.72, the 
procedures and penalties, contained in Sec.  383.51(b) to which a CLP 
or CDL holder is exposed for refusal to comply with such alcohol 
testing, State procedures described in Sec.  383.73, and other 
appropriate driver information contained in subpart E of this part;
    (iii) Information on vehicle groups and endorsements as specified 
in subpart F of this part;
    (iv) The substance of the knowledge and skills which drivers must 
have as outlined in subpart G of this part for the different vehicle 
groups and endorsements; and
    (v) Details of testing procedures, including the purpose of the 
tests, how to respond, and directions for taking the tests.
    (2) A State may include any additional State-specific information 
related to the CDL testing and licensing process.
    (b) Examiner information manual. (1) A State must provide to all 
knowledge and skills test examiners a copy of the examiner information 
manual that conforms to the requirements in the December 2005 edition 
of AAMVA's ``Model CDL Examiner's Manual'' (Incorporated by reference, 
see Sec.  383.9). These requirements include:
    (i) Information on driver application procedures contained in Sec.  
383.71, State procedures described in Sec.  383.73, and other 
appropriate driver information contained in subpart E of this part;
    (ii) Details on information which must be given to the applicant;
    (iii) Details on how to conduct the knowledge and skills tests;
    (iv) Scoring procedures and minimum passing scores for the 
knowledge and skills tests;
    (v) Information for selecting driving test routes for the skills 
tests;
    (vi) List of the skills to be tested;
    (vii) Instructions on where and how the skills will be tested;
    (viii) How performance of the skills will be scored;
    (ix) Causes for automatic failure of skills tests;
    (x) Standardized scoring sheets for the skills tests; and
    (xi) Standardized driving instructions for the applicants.
    (2) A State may include any additional State-specific information 
related to the CDL testing process.
    (c) State recordkeeping. States must record and retain the 
knowledge and skills test scores of tests taken by driver applicants. 
The test scores must either be made part of the driver history record 
or be linked to the driver history record in a separate file.
    26. Revise Sec.  383.133 to read as follows:


Sec.  383.133  Test methods.

    (a) All tests must be constructed in such a way as to determine if 
the applicant possesses the required knowledge and skills contained in 
subpart G of this part for the type of motor vehicle or endorsement the 
applicant wishes to obtain.
    (b) Knowledge tests: (1) States must use the pool of test questions 
that conform to the requirements in the December 2005 edition of 
AAMVA's ``2005 Test Item Summary Forms'' (Incorporated by reference, 
see Sec.  383.9) to develop knowledge tests for each vehicle group and 
endorsement.
    (2) Each version of the knowledge test must conform to the 
requirements in the December 2005 edition of AAMVA's ``2005 
Requirements Document For Use In Developing Computer-Generated 
Multiple-Choice CDL Knowledge Tests'' (Incorporated by reference, see 
Sec.  383.9). These requirements include:
    (i) The total difficulty level of the questions used in each 
version of a test must fall within a set range;
    (ii) Twenty-five percent of the questions on a test must be new 
questions that were not contained in the previous version of the test;
    (iii) Identical questions from the previous version of the test 
must be in a different location on the test and the three possible 
responses to the questions must be in a different order; and
    (iv) Each test must contain a set number of questions with a 
prescribed number of questions from each of the knowledge areas.
    (3) Each knowledge test must be valid and reliable so as to assure 
that driver applicants possess the knowledge required under Sec.  
383.111. The knowledge tests may be administered in written form, 
verbally, or in automated format and can be administered in a foreign 
language, provided no interpreter is used in administering the test.
    (4) A State must use a different version of the test when an 
applicant retakes a previously failed test.
    (c) Skills tests: (1) A State must develop, administer and score 
the skills tests based solely on the information and standards 
contained in the driver and examiner manuals referred to in Sec.  
383.131(a) and (b).
    (2) A State must use the standardized scores and instructions for 
administering the tests contained in the examiner manual referred to in 
Sec.  383.131(b).
    (3) An applicant must complete the skills tests in a representative 
vehicle to ensure that the applicant possess the skills required under 
Sec.  383.113. In determining whether the vehicle is a representative 
vehicle for the skills test and the group of CDL the applicant is 
applying for, the vehicle's gross vehicle weight rating or gross 
combination weight rating must be used, not the vehicle's actual gross 
vehicle weight or gross combination weight.
    (4) Skills tests must be conducted in on-street conditions or under 
a combination of on-street and off-street conditions.

[[Page 19313]]

    (5) Interpreters are prohibited during the administration of skills 
tests. Applicants must be able to understand and respond to verbal 
commands and instructions in English by a skills test examiner.
    (6) The pre-trip inspection and the basic vehicle control tests 
must be administered prior to the on-road portion of the skills test. 
If an applicant fails one of these tests, the applicant can not 
continue to the next skills test. An applicant who has failed a skills 
test must retake all three tests.
    (d) A State may utilize simulators to perform skills testing, 
except that simulator testing may not be substituted for the required 
testing in on-street conditions.
    (e) Passing scores for the knowledge and skills tests must meet 
those standards contained in Sec.  383.135.
    27. Revise Sec.  383.135 to read as follows:


Sec.  383.135  Passing knowledge and skills tests.

    (a) Knowledge tests. (1) To achieve a passing score on each of the 
knowledge tests, a driver applicant must correctly answer at least 80 
percent of the questions.
    (2) If a driver applicant who fails the air brake knowledge test 
(scores less than 80 percent correct) is issued a CLP or CDL, an air 
brake restriction must be indicated on the license as required in Sec.  
383.95(a).
    (3) A driver applicant who fails the combination vehicle knowledge 
test (scores less than 80 percent correct) must not be issued a Group A 
CLP or CDL.
    (b) Skills Tests. (1) To achieve a passing score on each of the 
three skills tests, the driver applicant must demonstrate that he/she 
can successfully perform all of the skills listed in Sec.  383.113 and 
attain the scores listed in Appendix A of the examiner manual referred 
to in Sec.  383.131(b) for the type of vehicle being used in the test.
    (2) A driver applicant who does not obey traffic laws, causes an 
accident during the test, or commits any other offense listed as an 
automatic failure in AAMVA's ``2005 CDL Test System'' must 
automatically fail the test.
    (3) If a driver applicant who performs the skills test in a vehicle 
not equipped with any type of air brake system is issued a CDL, an air 
brake restriction must be indicated on the license as required in Sec.  
383.95(a).
    (4) If a driver applicant who performs the skills test in a vehicle 
equipped with air over hydraulic brakes is issued a CDL, a full air 
brake restriction must be indicated on the license as required in Sec.  
383.95(b).
    (5) If a driver applicant who performs the skills test in a vehicle 
equipped with an automatic transmission is issued a CDL, a manual 
transmission restriction must be indicated on the license as required 
in Sec.  383.95(c).
    (6) If a driver applicant who performs the skills test in a 
combination vehicle requiring a Group A CDL equipped with any non-fifth 
wheel connection is issued a CDL, a tractor-trailer restriction must be 
indicated on the license as required in Sec.  383.95(d).
    (7) If a driver applicant wants to remove any of the restrictions 
in paragraphs (b)(3) through (b)(5) of this section, the applicant does 
not have to retake the complete set of skills tests. The State may 
administer a modified set of skills tests that demonstrates that the 
applicant can safely and effectively operate the vehicle's full air 
brakes, air over hydraulic brakes, and/or manual transmission. In 
addition, to remove the air brake or full air brake restriction, the 
applicant must also successfully perform the air brake pre-trip 
inspection and pass the air brake knowledge test.
    (8) If a driver applicant wants to remove the tractor-trailer 
restriction in paragraph (b)(6) of this section, the applicant must 
retake all three skills tests in a representative tractor-trailer.

Subpart J--[Amended]

    28. Revise the heading for subpart J to read as follows:

Subpart J--Commercial Learner's Permit and Commercial Driver's 
License Documents

    29. Revise Sec.  383.151 to read as follows:


Sec.  383.151  General.

    (a) The CDL must be a document that is easy to recognize as a CDL.
    (b) The CLP must be a separate document from the CDL or non-CDL.
    (c) At a minimum, the CDL and the CLP must contain the information 
specified in Sec.  383.153.
    30. Revise Sec.  383.153 to read as follows:


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

    (a) Commercial Driver's License. All CDLs must contain all of the 
following information:
    (1) The prominent statement that the license is a ``Commercial 
Driver's License'' or ``CDL,'' except as specified in paragraph (c) of 
this section.
    (2) The full name, signature, and mailing or residential address in 
the licensing State of the person to whom such license is issued.
    (3) Physical and other information to identify and describe such 
person including date of birth (month, day, and year), sex, and height.
    (4) Color photograph or digitized color image of the driver. The 
State may issue a temporary CDL without a photo or image, if it is 
valid for no more than 60 days.
    (5) The driver's State license number.
    (6) The name of the State which issued the license.
    (7) The date of issuance and the date of expiration of the license.
    (8) The group or groups of commercial motor vehicle(s) that the 
driver is authorized to operate, indicated as follows:
    (i) A for Combination Vehicle;
    (ii) B for Heavy Straight Vehicle; and
    (iii) C for Small Vehicle.
    (9) The endorsement(s) for which the driver has qualified, if any, 
indicated as follows:
    (i) T for double/triple trailers;
    (ii) P for passenger;
    (iii) N for tank vehicle;
    (iv) H for hazardous materials;
    (v) X for a combination of tank vehicle and hazardous materials 
endorsements;
    (vi) S for school bus; and
    (vii) At the discretion of the State, additional codes for 
additional groupings of endorsements, as long as each such 
discretionary code is fully explained on the front or back of the CDL 
document.
    (10) The restriction(s) placed on the driver from operating certain 
equipment or vehicles, if any, indicated as follows:
    (i) L for Air brake.
    (ii) Z for Full air brake.
    (iii) E for Manual transmission.
    (iv) O for Tractor-trailer.
    (v) M for Group A passenger vehicle.
    (vi) N for Group A and B passenger vehicle.
    (vii) K for Intrastate only.
    (viii) Y for a driver who operates or expects to operate in 
interstate commerce, but is not subject to part 391 of this subchapter 
due to an exception under Sec.  390.3(f) of this subchapter or an 
exemption under Sec.  391.2.
    (ix) At the discretion of the State, additional codes for 
additional restrictions, as long as each such restriction code is fully 
explained on the front or back of the CDL document.
    (b) Commercial Learner's Permit. All CLPs must contain all of the 
following information:
    (1) The prominent statement that the permit is a ``Commercial 
Learner's Permit'' or ``CLP,'' except as specified in paragraph (c) of 
this section, and that it is invalid unless accompanied by the

[[Page 19314]]

underlying driver's license issued by the same jurisdiction.
    (2) The full name, signature, and mailing or residential address in 
the permitting State of the person to whom the permit is issued.
    (3) Physical and other information to identify and describe such 
person including date of birth (month, day, and year), sex, and height.
    (4) Color photograph or digitized color image of the driver.
    (5) The driver's State license number.
    (6) The name of the State which issued the permit.
    (7) The date of issuance and the date of expiration of the permit.
    (8) The group or groups of commercial motor vehicle(s) that the 
driver is authorized to operate, indicated as follows:
    (i) A for Combination Vehicle;
    (ii) B for Heavy Straight Vehicle; and
    (iii) C for Small Vehicle.
    (9) The P (for passenger) endorsement, if the driver has qualified 
for that endorsement.
    (10) The P restriction placed on the driver from carrying 
passengers, if the driver has qualified for the passenger (P) 
endorsement.
    (11) Any additional jurisdictional restrictions that apply to the 
CLP driving privilege.
    (c) If the CLP or CDL is a Nonresident CLP or CDL, it must contain 
the prominent statement that the license or permit is a ``Nonresident 
Commercial Driver's License,'' ``Nonresident CDL,'' ``Nonresident 
Commercial Learner's Permit,'' or ``Nonresident CLP,'' as appropriate. 
The word ``Nonresident'' must be conspicuously and unmistakably 
displayed, but may be noncontiguous with the words ``Commercial 
Driver's License,'' ``CDL,'' ``Commercial Learner's Permit,'' or 
``CLP.''
    (d) If the State has issued the applicant an air brake restriction 
as specified in Sec.  383.95, that restriction must be indicated on the 
CLP or CDL.
    (e) Except in the case of a Nonresident CLP or CDL holder who is 
domiciled in a foreign jurisdiction:
    (1) A driver applicant must provide his/her Social Security Number 
on the application of a CLP or CDL.
    (2) The State must provide the Social Security Number to the CDLIS.
    (3) The State is not required to include the Social Security Number 
on the CLP or CDL.
    (f) The State may issue a multipart CDL provided--
    (1) Each document is explicitly tied to the other document(s) and 
to a single driver's record.
    (2) The multipart license document includes all of the data 
elements specified in this section.
    (g) CLP Passenger Vehicle. If an applicant is applying for a 
passenger endorsement on a CLP, the State must indicate on the CLP, if 
issued, that the person is restricted from operating a passenger 
vehicle carrying passengers, except for the CDL holder who is required 
to accompany the CLP holder.
    31. Revise Sec.  383.155 to read as follows:


Sec.  383.155  Tamperproofing requirements.

    States must make the CLP or CDL tamperproof to the maximum extent 
practicable. At a minimum, a State must use the same tamperproof method 
used for noncommercial drivers' licenses.

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

    32. The authority citation for part 384 continues to read as 
follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., 31502; sec. 103 of 
Pub. L. 106-159, 113 Stat. 1753, 1767; sec. 4140 of Pub. L. 109-59, 
119 Stat. 1144; and 49 CFR 1.73.

    33. Amend Sec.  384.105(b) by revising the definition of issue and 
issuance to read as follows:
* * * * *


Sec.  384.105  Definitions.

* * * * *
    (b) * * *
    Issue and issuance mean initial issuance, transfer, renewal, or 
upgrade of a CLP or CDL and Nonresident CLP or CDL, as described in 
Sec.  383.73 of this subchapter.
* * * * *
    34. Revise Sec.  384.204 to read as follows:


Sec.  384.204  CLP or CDL issuance and information.

    (a) General rule. The State shall authorize a person to operate a 
CMV only by issuance of a CLP or CDL, unless an exception in Sec.  
383.3(c) or (d) applies, which contains, at a minimum, the information 
specified in part 383, subpart J, of this subchapter.
    (b) Exceptions--(1) Training. The State may authorize a person, who 
does not hold a CDL valid for the type of vehicle in which training 
occurs, to undergo behind-the-wheel training in a CMV only by means of 
a CLP issued and used in accordance with Sec.  383.25 of this 
subchapter.
    (2) Confiscation of CLP or CDL pending enforcement. A State may 
allow a CLP or CDL holder whose CLP or CDL is held in trust by that 
State or any other State in the course of enforcement of the motor 
vehicle traffic code, but who has not been convicted of a disqualifying 
offense under Sec.  383.51 of this subchapter based on such 
enforcement, to drive a CMV while holding a dated receipt for such CLP 
or CDL.
    35. Revise Sec.  384.205 to read as follows:


Sec.  384.205  CDLIS information.

    Before issuing a CLP or a CDL to any person, the State must, within 
the period of time specified in Sec.  384.232, perform the check of the 
Commercial Driver's License Information System (CDLIS) in accordance 
with Sec.  383.73(b)(3)(ii) of this subchapter, and, based on that 
information, shall issue the license, or, in the case of adverse 
information, promptly implement the disqualifications, licensing 
limitations, denials, and/or penalties that are called for in any 
applicable section(s) of this subpart.
    36. Revise Sec.  384.206 to read as follows:


Sec.  384.206  State record checks.

    (a) Issuing State's records. (1) Before issuing a CLP or CDL to any 
person, the State must, within the period of time specified in Sec.  
384.232, check its own driving record for such person in accordance 
with Sec.  383.73(b)(3) of this subchapter.
    (2) Based on the findings of its own State record check, the State 
shall issue the license, or, in the case of adverse information, 
promptly implement the disqualifications, licensing limitations, 
denials, and/or penalties that are called for in any applicable 
section(s) of this subpart.
    (b) Other States' records. (1) Before the initial or transfer 
issuance of a CLP or CDL to a person, and before renewing or upgrading 
a CLP or CDL held by any person, the issuing State must:
    (i) Require the applicant to provide the names of all States where 
the applicant has previously been licensed to operate any type of motor 
vehicle during the previous 10 years.
    (ii) Within the time period specified in Sec.  384.232, request the 
complete driving record from all States where the applicant was 
licensed within the previous 10 years to operate any type of motor 
vehicle.
    (2) States receiving a request for the driving record of a person 
currently or previously licensed by the State must provide the 
information within 30 days.
    (3) Based on the findings of the other State record checks, the 
issuing State must, in the case of adverse information, promptly 
implement the

[[Page 19315]]

disqualifications, licensing limitations, denials, and/or penalties 
that are called for in any applicable section(s) of this subpart.
    37. Amend Sec.  384.207 by revising the introductory text and 
paragraph (a) to read as follows:


Sec.  384.207  Notification of licensing.

    Within the period defined in Sec.  383.73(h) of this subchapter, 
the State must:
    (a) Notify the operator of the CDLIS of each CLP or CDL issuance;
* * * * *
    38. Amend Sec.  384.208 by revising paragraph (a) to read as 
follows:


Sec.  384.208  Notification of disqualification.

    (a) No later than 10 days after disqualifying a CLP or CDL holder 
licensed by another State, or revoking, suspending, or canceling an 
out-of-State CLP or CDL holder's privilege to operate a commercial 
motor vehicle for at least 60 days, the State must notify the State 
that issued the license of the disqualification, revocation, 
suspension, or cancellation.
* * * * *
    39. Amend Sec.  384.209 by revising paragraph (a) to read as 
follows:


Sec.  384.209  Notification of traffic violations.

    (a) Required notification with respect to CLP or CDL holders. 
Whenever a person who holds a CLP or CDL from another State is 
convicted of a violation of any State or local law relating to motor 
vehicle traffic control (other than a parking violation), in any type 
of vehicle, the licensing entity of the State in which the conviction 
occurs must notify the licensing entity in the State where the driver 
is licensed of this conviction within the time period established in 
paragraph (c) of this section.
* * * * *
    40. Revise Sec.  384.210 to read as follows:


Sec.  384.210  Limitation on licensing.

    A State must not knowingly issue a CLP, a CDL, or a commercial 
special license or permit (including a provisional or temporary 
license) permitting a person to drive a CMV during a period in which:
    (a) A person is disqualified from operating a CMV, as 
disqualification is defined in Sec.  383.5 of this subchapter, or under 
the provisions of Sec.  383.73(j) or Sec.  384.231(b)(2) of this 
subchapter;
    (b) The CLP or CDL holder's noncommercial driving privilege has 
been revoked, suspended, or canceled; or
    (c) Any type of driver's license held by such person is suspended, 
revoked, or canceled by the State where the driver is licensed for any 
State or local law related to motor vehicle traffic control (other than 
parking violations).
    41. Revise Sec.  384.211 to read as follows:


Sec.  384.211  Surrender of old licenses.

    The State may not initially issue, upgrade, or transfer a CDL to a 
person unless such person first surrenders any previously issued 
driver's license and CLP.
    42. Revise Sec.  384.212 to read as follows:


Sec.  384.212  Domicile requirement.

    (a) The State may issue CDLs or CLPs only to those persons for whom 
such State is the State of domicile as defined in Sec.  383.5 of this 
subchapter; except that the State may issue a nonresident CLP or CDL 
under the conditions specified in Sec. Sec.  383.23(b), 383.71(f), and 
383.73(f) of this subchapter.
    (b) The State must require any person holding a CLP or CDL issued 
by another State to apply for a transfer CLP or CDL from the State 
within 30 days after establishing domicile in the State, as specified 
in Sec.  383.71(c) of this subchapter.
    43. Revise Sec.  384.214 to read as follows:


Sec.  384.214  Reciprocity.

    The State must allow any person to operate a CMV in the State who 
is not disqualified from operating a CMV and who holds a CLP or CDL 
that is--
    (a) Issued to him or her by his or her State or jurisdiction of 
domicile in accordance with part 383 of this subchapter;
    (b) Not suspended, revoked, or canceled; and
    (c) Valid, under the terms of part 383, subpart F, of this 
subchapter, for the type of vehicle being driven.
    44. Revise Sec.  384.217 to read as follows:


Sec.  384.217  Drug offenses.

    The State must disqualify from operating a CMV for life any person 
who is convicted, as defined in Sec.  383.5 of this subchapter, in any 
State or jurisdiction of a first offense of using a CMV (or, in the 
case of a CDL holder, a non-CMV) in the commission of a felony 
described in item (9) of Table 1 to Sec.  383.51 of this subchapter. 
The State shall not apply the special rule in Sec.  384.216(b) to 
lifetime disqualifications imposed for controlled substance felonies as 
detailed in item (9) of Table 1 to Sec.  383.51 of this subchapter.
    45. Revise Sec.  384.220 to read as follows:


Sec.  384.220  Problem Driver Pointer System information.

    Before issuing a CLP or CDL to any person, the State must, within 
the period of time specified in Sec.  384.232, perform the check of the 
Problem Driver Pointer System in accordance with Sec.  
383.73(b)(3)(iii) of this subchapter, and, based on that information, 
promptly implement the disqualifications, licensing limitations, and/or 
penalties that are called for in any applicable section(s) of this 
subpart.
    46. Amend Sec.  384.225 by revising paragraphs (a) and (b) to read 
as follows:


Sec.  384.225  Record of violations.

* * * * *
    (a) CLP or CDL holders. Record and maintain as part of the driver 
history all convictions, disqualifications and other licensing actions 
for violations of any State or local law relating to motor vehicle 
traffic control (other than a parking violation) committed in any type 
of vehicle.
    (b) A person required to have a CLP or CDL. Record and maintain as 
part of the driver history all convictions, disqualifications and other 
licensing actions for violations of any State or local law relating to 
motor vehicle traffic control (other than a parking violation) 
committed while the driver was operating a CMV.
* * * * *
    47. Revise Sec.  384.226 to read as follows:


Sec.  384.226  Prohibition on masking convictions.

    The State must not mask, defer imposition of judgment, or allow an 
individual to enter into a diversion program that would prevent a CLP 
or CDL driver's conviction for any violation, in any type of motor 
vehicle, of a State or local traffic control law (except a parking 
violation) from appearing on the driver's record, whether the driver 
was convicted for an offense committed in the State where the driver is 
licensed or another State.
    48. Add Sec.  384.227 to read as follows:


Sec.  384.227  Record of digital color image or photograph.

    The State must:
    (a) Record the digital color image or photograph that is captured 
as part of the application process and placed on the licensing document 
of every person who is issued a CLP or CDL, as required under Sec.  
383.153. The digital color image or photograph must either be made part 
of the driver history or be linked to the driver history in a separate 
file.

[[Page 19316]]

    (b) Check the digital color image or photograph on record whenever 
the CLP or CDL is renewed, upgraded, or transferred and when a 
duplicate CLP or CDL is issued.
    49. Add Sec.  384.228 to read as follows:


Sec.  384.228  Examiner training and record checks.

    For all State and third party CDL test examiners, the State must 
meet the following 8 requirements:
    (a) Establish examiner training standards for initial and refresher 
training that provides CDL test examiners with a fundamental 
understanding of the objectives of the CDL testing program, and with 
all of the knowledge and skills necessary to serve as a CDL test 
examiner and assist jurisdictions in meeting the Federal CDL testing 
requirements.
    (b) Require all State knowledge and skills test examiners to 
successfully complete a formal CDL test examiner training course and 
examination before certifying them to administer CDL knowledge and 
skills tests. The training course must cover at least the following six 
units of instruction:
    (1) Introduction to CDL Licensing System:
    (i) The Commercial Motor Vehicle Safety Act of 1986.
    (ii) Drivers covered by CDL program.
    (iii) CDL vehicle classification.
    (iv) CDL endorsements and restrictions.
    (2) Overview of the CDL tests:
    (i) CDL test, classifications, and endorsements.
    (ii) Different examinations.
    (iii) Representative vehicles.
    (iv) Validity and reliability.
    (v) Test maintenance.
    (3) Knowledge tests:
    (i) General knowledge tests.
    (ii) Specialized knowledge tests.
    (iii) Selecting the appropriate tests and test forms.
    (iv) Knowledge test administration.
    (4) Vehicle inspection test:
    (i) Test overview.
    (ii) Description of safety rules.
    (iii) Test scoring procedures.
    (iv) Scoring standards.
    (v) Calculating final score.
    (5) Basic control skills testing:
    (i) Setting up the basic control skills course.
    (ii) Description of safety rules.
    (iii) General scoring procedures.
    (iv) Administering the test.
    (v) Calculating the score.
    (6) Road test:
    (i) Setting up the road test.
    (ii) Required maneuvers.
    (iii) Administering the road test.
    (iv) Calculating the score.
    (c) Require all third party skills test examiners to successfully 
complete a formal CDL test examiner training course and examination 
before certifying them to administer CDL skills tests. The training 
course must cover at least the six units of instruction in paragraph 
(b) of this section.
    (d) Require State and third party CDL test examiners to 
successfully complete a refresher training course and examination every 
four years to maintain their CDL test examiner certification. The 
refresher training course must cover at least the following:
    (1) The six units of training described in paragraph (b) of this 
section.
    (2) Any State specific material and information related to 
administering CDL knowledge and skills tests.
    (3) Any new Federal CDL regulations, updates to administering the 
tests, and new safety related equipment on the vehicles.
    (e) Complete criminal background checks of all skills test 
examiners prior to certifying them to administer CDL skills tests.
    (f) Complete an annual criminal background check of all test 
examiners.
    (g) Maintain a record of the results of criminal background checks 
and CDL examiner test training and certification of all CDL test 
examiners.
    (h) Rescind the certification to administer CDL tests of all test 
examiners who:
    (1) Do not successfully complete the required annual refresher 
training; or
    (2) Do not pass annual criminal background checks. Criteria for not 
passing the criminal background check must include at least the 
following:
    (i) Any felony conviction within the last 10 years; or
    (ii) Any conviction involving fraudulent activities.
    (i) The six units of training described in paragraph (b) of this 
section may be supplemented with State specific material and 
information related to administering CDL knowledge and skills tests.
    50. Add Sec.  384.229 to read as follows:


Sec.  384.229  Skills test examiner auditing and monitoring.

    To ensure the integrity of the CDL skills testing program, the 
State must:
    (a) At least annually, conduct unannounced on-site inspections of 
third party testers' and examiners' records, including comparison of 
the CDL skills test results of CDL applicants who are issued CDLs with 
the CDL scoring sheets that are maintained in the third party testers' 
files;
    (b) At least annually, conduct covert and overt monitoring of 
examinations performed by State and third party CDL skills test 
examiners;
    (c) Establish and maintain a database to track pass/fail rates of 
applicants tested by each State and third party CDL skills test 
examiner, in order to focus covert and overt monitoring on examiners 
who have unusually high pass or failure rates;
    (d) Establish and maintain a database of all third party testers 
and examiners, which at a minimum tracks the dates and results of 
audits and monitoring actions by the State, the dates third party 
testers were certified by the State, and name and identification number 
each third party CDL skills test examiner;
    (e) Establish and maintain a database of all State CDL skills 
examiners, which at a minimum tracks the dates and results of 
monitoring action by the State, and the name and identification number 
of each State CDL skills examiner; and
    (f) Establish and maintain a database that tracks skills tests 
administered by each State and third party CDL skills test examiner's 
name and identification number.
    51. Amend Sec.  384.231 by revising paragraph (b) to read as 
follows:


Sec.  384.231  Satisfaction of State disqualification requirement.

* * * * *
    (b) Required action--(1) CLP or CDL holders. A State must satisfy 
the requirement of this subpart that the State disqualify a person who 
holds a CLP or a CDL by, at a minimum, suspending, revoking, or 
canceling the person's CLP or CDL for the applicable period of 
disqualification.
    (2) A person required to have a CLP or CDL. A State must satisfy 
the requirement of this subpart that the State disqualify a person 
required to have a CLP or CDL who is convicted of an offense or 
offenses necessitating disqualification under Sec.  383.51 of this 
subchapter. At a minimum, the State must implement the limitation on 
licensing provisions of Sec.  384.210 and the timing and recordkeeping 
requirements of paragraphs (c) and (d) of this section so as to prevent 
such a person from legally obtaining a CLP or CDL from any State during 
the applicable disqualification period(s) specified in this subpart.
* * * * *
    52. Amend Sec.  384.301 by revising paragraph (c) to read as 
follows:


Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (c) A State must come into substantial compliance with the 
requirements of

[[Page 19317]]

subpart B of this part in effect as of [effective date of final rule] 
as soon as practical but, unless otherwise specifically provided in 
this part, not later than [3 years after effective date of final rule].
    53. Revise Sec.  384.405 to read as follows:


Sec.  384.405  Decertification of State CDL program.

    (a) Prohibition on CLP or CDL transactions. The Administrator may 
prohibit a State found to be in substantial noncompliance from 
performing any of the following CLP or CDL transactions:
    (1) Initial issuance.
    (2) Renewal.
    (3) Transfer.
    (4) Upgrade.
    (b) Conditions considered in making decertification determination. 
The Administrator will consider, but is not limited to, the following 
five conditions in determining whether the CDL program of a State in 
substantial noncompliance should be decertified:
    (1) The State computer system does not check the Commercial 
Driver's License Information System (CDLIS) and/or National Driver 
Registry Problem Driver Pointer System (PDPS) as required by Sec.  
383.73 of this subchapter when issuing, renewing, transferring, or 
upgrading a CLP or CDL.
    (2) The State does not disqualify drivers convicted of 
disqualifying offenses in commercial motor vehicles.
    (3) The State does not transmit convictions for out of State 
drivers to the State where the driver is licensed.
    (4) The State does not properly administer knowledge and/or skills 
tests to CLP or CDL applicants or drivers.
    (5) The State fails to submit a corrective action plan for a 
substantial compliance deficiency or fails to implement a corrective 
action plan within the agreed upon time frame.
    (c) Standard for considering deficiencies. The deficiencies 
described in paragraph (b) of this section must affect a substantial 
number of either CLP and CDL applicants or drivers.
    (d) Decertification: preliminary determination. If the 
Administrator finds that a State is in substantial noncompliance with 
subpart B of this part, as indicated by the factors specified in 
paragraph (b) of this section, among other things, the FMCSA will 
inform the State that it has made a preliminary determination of 
noncompliance and that the State's CDL program may therefore be 
decertified. Any response from the State, including factual or legal 
arguments or a plan to correct the noncompliance, must be submitted 
within 30 calendar days after receipt of the preliminary determination.
    (e) Decertification: final determination. If, after considering all 
material submitted by the State in response to the FMCSA preliminary 
determination, the Administrator decides that substantial noncompliance 
exists which warrants decertification of the CDL program, he or she 
will issue a decertification order prohibiting the State from issuing 
CLPs and CDLs until such time as the Administrator determines that the 
condition(s) causing the decertification has (have) been corrected.
    (f) Recertification of a State. The Governor of the decertified 
State or his or her designated representative must submit a 
certification and documentation that the condition causing the 
decertification has been corrected. If the FMCSA determines that the 
condition causing the decertification has been satisfactorily 
corrected, the Administrator will issue a recertification order, 
including any conditions that must be met in order to begin issuing 
CLPs and CDLs in the State.
    (g) State's right to judicial review. Any State aggrieved by an 
adverse decision under this section may seek judicial review under 5 
U.S.C. Chapter 7.
    (h) Validity of previously issued CLPs or CDLs. A CLP or CDL issued 
by a State prior to the date the State is prohibited from issuing CLPs 
or CDLs in accordance with provisions of paragraph (a) of this section, 
will remain valid until its stated expiration date.

PART 385--SAFETY FITNESS PROCEDURES

    54. The authority citation for part 385 continues to read as 
follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113, 
13901-13905, 31136, 31144, 31148, and 31502; Sec. 350 of Pub. L. 
107-87; and 49 CFR 1.73.

    55. Amend appendix B to part 385, section VII, List of Acute and 
Critical Regulations, by redesignating the entries for Sec. Sec.  
383.37(a) and 383.37(b) as Sec. Sec.  383.37(b) and 383.37(c) and 
adding a new entry for Sec.  383.37(a) to read as follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *

VII. LIST OF ACUTE AND CRITICAL REGULATIONS

* * * * *
    Sec.  383.37(a) Knowingly allowing, requiring, permitting, or 
authorizing an employee who does not have a current CLP or CDL, who 
does not have a CLP or CDL with the proper class or endorsements, or 
who operates a CMV in violation of any restriction on the CLP or CDL 
to operate a CMV (acute).
* * * * *

    Issued on: March 31, 2008.
John H. Hill,
Administrator.

[FR Doc. E8-7070 Filed 4-8-08; 8:45 am]
BILLING CODE 4910-EX-P