[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Rules and Regulations]
[Pages 26854-26897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10510]



[[Page 26853]]

Vol. 76

Monday,

No. 89

May 9, 2011

Part III





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; Final Rule

  Federal Register / Vol. 76 , No. 89 / Monday, May 9, 2011 / Rules and 
Regulations  

[[Page 26854]]


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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: Final rule.

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SUMMARY: FMCSA amends the commercial driver's license (CDL) knowledge 
and skills testing standards and establishes new minimum Federal 
standards for States to issue the commercial learner's permit (CLP). 
The rule requires that a CLP holder meet virtually the same 
requirements as those for a CDL holder, meaning that a driver holding a 
CLP will be subject to the same driver disqualification penalties that 
apply to a CDL holder. This final rule also implements 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). 
It will enhance safety by ensuring that only qualified drivers are 
allowed to operate commercial motor vehicles on our nation's highways.

DATES: Effective date: This final rule is effective on July 8, 2011.
    Compliance Date: States must be in compliance with the requirements 
in subpart B of Part 384 (49 CFR part 384) by July 8, 2014.
    Petitions for Reconsideration of any amendment made by this final 
rule must be received on or before June 8, 2011. Any petition for 
reconsideration submitted after this date will not be considered.

ADDRESSES: Petitions for reconsideration should refer to Docket ID 
Number FMCSA-2007-27659 or RIN 2126-AB02, and be submitted to the 
Administrator, Federal Motor Carrier Safety Administration, by any of 
the following methods:
     Mail to: Administrator, Federal Motor Carrier Safety 
Administration (MC-A), West Building-6th Floor, Room W60-308, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand-Deliver: Docket Operations Unit, U.S. Department of 
Transportation, West Building-Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Federal eRulemaking portal at http://www.regulations.gov. 
All petitions for reconsideration will be posted on the Federal 
eRulemaking portal in Docket ``FMCSA-2007-27659''. This final rule and 
all background documents and material related to this rule may be 
viewed and copied at http://www.regulations.gov, by typing ``FMCSA-
2007-27659''. The docket may also be viewed and copied for a fee at the 
U.S. Department of Transportation, Docket Operations, West Building-
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

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: 
I. Legal Basis
II. Background
    A. Summary of This Rule
    B. History
III. Discussion of Comments on the NPRM
    1. Strengthen Legal Presence Requirement
    a. Required Forms/Documents
    b. Nonresident CDL
    2. Social Security Number Verification Before Issuing a CLP or 
CDL
    3. Surrender of CLP, CDL and Non-CDL Documents
    a. Surrender of Documents
    b. Mailing of Initial License
    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. Photograph on CLP
    e. Recording the CLP in CDLIS
    7. Maximum Initial Validity and Renewal Periods for CLP and CDL
    a. Initial Validity and Renewal Periods for a 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
    a. CLP Prerequisite for CDL
    b. CLP Holder Accompanied by CDL Holder
    c. Waiting Period To Take Skills Test
    d. Relationship to Entry Level Driver Training Rulemaking
    10. Limit Endorsements on CLP to Passenger (P) Only
    11. Methods of Administering CDL TESTS
    12. Update Federal Knowledge and Skills Test Standards
    a. Incorporate by Reference AAMVA 2005 CDL Test System
    b. Pre-Trip Inspection
    c. Skills Test Banking Prohibition
    d. Gross Vehicle Weight Rating (GVWR) Issues
    e. Removal of Sec.  383.77 (Substitution of Experience for 
Skills Tests)
    f. Covert Monitoring of State and Third Party Skills Test 
Examiners
    13. New Standardized Endorsements and Restriction Codes
    a. Uniform Endorsement Codes
    b. Testing Drivers on Vehicles With Air Brakes, Automatic 
Transmissions, and Non-Fifth Wheel Combination Vehicles
    c. Automatic Transmission Restriction
    d. Definition of Tank Vehicle
    14. Previous Driving Offenses by CLP Holders and CLP Applicants
    15. Motor Carrier Prohibitions
    16. Incorporate CLP-Related Regulatory Guidance Into Regulatory 
Text
    17. Incorporate Safe Port Act Provisions
    a. CDLs Obtained Through Fraud
    b. Computer System Controls--Supervisor Involvement
    c. Background Checks
    d. Training Requirements for Knowledge and Skills Examiners
    e. Minimum Number of Tests Conducted (Minimum Skills Tests for 
Testers and Examiners)
    f. Third Party Testing (Annual Inspection; Advance Scheduling of 
Tests; Separation of Training and Testing Functions)
    g. Third Party Bond Requirements
    18. Other Issues Related to Fraud Prevention
    a. Black and White Photograph
    b. Check Photograph on File
    c. Two Staff Members Verify Test Scores and Other Documents
    19. Miscellaneous Comments
    a. Applicability to Agricultural Sector
    b. Relation to REAL ID
    c. Domicile
    d. State Compliance Issues
IV. Changes to the Proposed Rule in This Final Rule
    Changes to Conform Rule With Medical Certification Final Rule
    Terminology Changes Throughout
    Part 383--Commercial Driver's License Standards; Requirements 
and Penalties
    Part 384--State Compliance With Commercial Driver's License 
Program
    Part 385--Safety Fitness Procedures
V. Regulatory Analyses and Notices
    Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures
    Unfunded Mandates Reform Act of 1995
    Executive Order 12988 (Civil Justice Reform)
    Executive Order 13045 (Protection of Children)
    Executive Order 12630 (Taking of Private Property)
    Executive Order 13132 (Federalism)
    Privacy Impact Assessment
    Executive Order 12372 (Intergovernmental Review)
    Paperwork Reduction Act

[[Page 26855]]

    National Environmental Policy Act
    Executive Order 13211 (Energy Effects)
List of Subjects
The Final Rule

I. Legal Basis

    This rule 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 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) (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 
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 final rule 
establishes a Federal requirement for a commercial learner's permit 
(CLP) as a pre-condition for issuing a CDL and also adopts various 
other changes to enhance the CDL program.
    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 final rule, 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 49 CFR part 383 of this rule will help to ensure that drivers who 
operate CMVs are 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 rule, 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 4019 of TEA-21 required the Department of Transportation 
(DOT) to complete a review of the CDL testing system to determine if 
the current CDL system is an accurate measure of an individual's 
knowledge and skills as an operator of a CMV. It also authorized the 
Agency to issue regulations reflecting the results of its review. This 
rule includes new or enhanced requirements adopted in response to the 
Agency's review.
    Section 4122 of SAFETEA-LU required the 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 a driver's record must be created for each CLP holder in the 
Commercial Driver's License Information System (CDLIS).\1\ This rule 
includes each of those requirements, as explained in more detail in the 
preamble to this rule.
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    \1\ CDLIS is an information system that allows the exchange of 
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 
contained 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 contained in a report 
issued by the OIG on February 7, 2006 [``Oversight of the Commercial 
Driver's License Program''] that set forth 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 final rule 
incorporates all of the OIG's recommendations. A discussion of these 
recommendations can be found in the preamble to the NPRM for this rule. 
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 rule 
discusses those issues more comprehensively in a separate document 
filed in the docket.

II. Background

Acronyms and Terms Used in This Document

AAMVA-- American Association of Motor Vehicle Administrators
CDL--Commercial Driver's License
CDLIS--Commercial Driver's License Information System
CLP--Commercial Learner's Permit
CMV--Commercial Motor Vehicle
CMVSA-- Commercial Motor Vehicle Safety Act of 1986
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
FHWA--Federal Highway Administration
FMCSA--Federal Motor Carrier Safety Administration
GCWR--Gross Combination Weight Rating
GVWR--Gross Vehicle Weight Rating
IBR--Incorporated by Reference
N--Tank Vehicle Endorsement
Non-CDL--Non-Commercial Driver's License
NPRM--Notice of Proposed Rulemaking
OIG--Office of Inspector General
P--Passenger Endorsement
PDPS--Problem Driver Pointer System
S--School Bus Endorsement
SDLA--State Driver Licensing Agency
SSA--Social Security Administration
SSN--Social Security Number

A. Summary of This Rule

    FMCSA adopts the following revisions to the CDL knowledge and 
skills testing standards in response to

[[Page 26856]]

the statutory mandates and OIG recommendations:
    (1) Knowledge and skills testing requirements.
    Successful completion of the knowledge test, currently a 
prerequisite for the CDL, is required before issuance of the CLP. This 
rule requires States to use driver and examiner reference materials, 
State testing questions and exercises, and State testing methodologies 
(herein referred to as State Testing System) that FMCSA has pre-
approved. The State Testing System must be comparable to AAMVA's 2005 
CDL Test System (July 2010 Version) for knowledge and skill standards, 
which FMCSA approves in this rule. It includes a prohibition on use of 
foreign language interpreters in the administration of the knowledge 
and skills tests, to reduce the potential for fraud.
    (2) Standards for issuing CLPs and CDLs.
    This rule specifically requires that each applicant obtain a CLP 
and hold it for a minimum of 14 days before applying for a CDL. It 
establishes a minimum age of 18 for issuance of a CLP. The CLP must be 
a separate document from the CDL or non-CDL,\2\ must be tamperproof to 
the extent possible, and must include the same information as the CDL. 
The only endorsements allowed on the CLP are a restricted passenger (P) 
endorsement, a school bus (S) endorsement, and a tank vehicle (N) 
endorsement. Each State is 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, the issuing State is required to perform a 
check of the driver's previous driving record using both CDLIS and the 
PDPS to ensure the driver is not subject to the sanctions of Sec.  
383.51, based on previous motor vehicle violations. If the State 
discovers that the driver is subject to such sanctions, it must refuse 
to issue a CLP to the driver.
    This rule strengthens the legal presence requirements and increases 
the documentation required for CLP and CDL applicants to demonstrate 
their legal presence in the United States. For example, SDLAs are 
required to verify the applicant's SSN with the SSA. The rule also 
addresses applicants who wish to attend a driver training school in a 
State other than the applicant's State of domicile. States are required 
to recognize CLPs issued by other States for training purposes. The 
rule limits the initial and renewal periods for both CLPs and CDLs. It 
clarifies under what circumstances an applicant must surrender his/her 
CLP, CDL, or non-CDL. It also requires all States to use standardized 
endorsement and restriction codes on CDLs.
    Many of the program areas and issues dealt with in this rule are 
also addressed in DHS's 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). FMCSA and DHS have 
coordinated efforts to write regulations that neither overlap nor 
conflict. The two agencies and the relevant statutory authority 
underlying these two rules serve different purposes. Although in some 
limited instances FMCSA has incorporated similar or identical 
requirements into this final rule, it does not adopt REAL ID or 
incorporate it by reference either wholly or in part.
    (3) Measures for prevention of fraud.
    This rule includes requirements to improve the ability of States to 
detect and prevent fraudulent testing and licensing activity in the CDL 
program. These measures include the following:
     Requiring verification of social security numbers.
     Requiring CLP and CDL applicants to prove legal presence 
in the United States.
     Requiring that a digitized photo of the driver be 
preserved by the State driver licensing agency.
     Requiring computer system controls to allow overrides by 
supervisory personnel only.
     Requiring background checks and formal training for all 
test examiners.
     Requiring the establishment of oversight systems for all 
examiners and testers (including third parties).
     Disallowing the use of language interpreters for the 
knowledge and skills tests.
    In addition, amendments to part 384 require these items to be 
reviewed whenever FMCSA conducts a CDL compliance review of a State 
program. States found in substantial non-compliance with these fraud 
control measures, as well as the other requirements of part 384, may be 
subject to the loss of Federal-aid highway funds.
    (4) Other regulatory changes.
    The rule specifically prohibits a motor carrier from using a driver 
who does not hold a current and appropriate CLP or CDL to operate a CMV 
and from using a driver to operate a vehicle in violation of the 
restrictions on the CLP or CDL. It also incorporates into the 
regulations current FMCSA guidance related to issues addressed by this 
rulemaking (currently available on the Internet at ``Guidance for 
Regulations,'' at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=G). Finally, this 
rule includes minor editorial corrections and updates.

B. History

    The CDL program was established by the CMVSA 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/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 has caused 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 FHWA published an 
NPRM on August 22, 1990 (55 FR 34478). (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 legislation, other rulemakings, regulatory guidance, and policy 
decisions. For example, in response to the Sept. 11, 2001 terrorist 
attacks, and because issuance of CDLs to unqualified persons and 
persons with false identities significantly complicated detection and 
prevention of fraud, Congress and FMCSA expanded the scope of the CDL 
program to include issues related to fraud and security. All of these 
major changes made the 1990 proposal obsolete. Thus, FMCSA withdrew the 
1990 NPRM on February 23, 2006 (71 FR 42741). FMCSA issued a new NPRM 
on April 9, 2008 (73 FR 19282) to address these issues and establish 
regulatory changes to implement section 4019 of TEA-21, section 4122 of 
SAFETEA-LU, and section 703 of the SAFE Port Act.

III. Discussion of Comments on the NPRM

    On April 9, 2008 FMCSA published an NPRM (73 FR 19282) to revise 
the

[[Page 26857]]

standards for CDL testing and to require new standards for a CLP. 
Comments were initially due by June 9, 2008. However, in response to 
several requests, FMCSA extended the comment period until July 9, 2008 
(73 FR 32520). In response to the NPRM, FMCSA received 103 comments. 
Commenters included representatives from Federal, State, and local 
government and enforcement agencies, industry, trade associations, 
advocacy groups, driver trainers, commercial motor vehicle drivers, 
individuals and national associations representing various 
transportation interests. Table 1 presents a commenter name and 
abbreviation list.

                       Table 1--List of Commenters
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        Name of commenter                     Abbreviated name
------------------------------------------------------------------------
Advocates for Highway and Auto     Advocates.
 Safety.
Alabama Department of Public       Alabama.
 Safety.
American Moving and Storage        AMSA.
 Association.
Arkansas Department of Finance     Arkansas.
 and Administration.
U.S. Department of the Army......  Army.
American Trucking Associations...  ATA.
B-J School Buses, Inc............  B-J School Bus.
California Department of Motor     California.
 Vehicles.
C.R. England, Inc................  CR England.
CRST Van Expedited, Inc..........  CRST.
California Trucking Association..  CTA.
Commercial Vehicle Training        CVTA.
 Association, Inc.
Delaware Department of             Delaware.
 Transportation, DMV.
Driver Holdings, LLC.............  Driver Holdings.
Elgin Community College..........  Elgin CC.
Farris Brothers, Inc.............  Farris Bros.
Florence School District One.....  Florence S-D.
Florida Dept of Highway Safety     Florida.
 and Motor Vehicles.
Georgia Department of Driver       Georgia.
 Services.
Idaho Department of Motor          Idaho.
 Vehicles.
Illinois Fertilizer and Chemical   IFCA.
 Assoc.
Driver Services Dept--Illinois     Illinois.
 Office of the Secretary of State.
Indiana Association of Rural       Indiana Rural Electrics.
 Electric Cooperatives.
International Union of Operating   IUOE.
 Engineers National Training Fund.
Joint School District 2,  Joint School District.
 Idaho 2.
John Wood Community College......  Wood CC.
Louisiana Office of Motor          Louisiana.
 Vehicles.
Michigan Department of State.....  Michigan.
Minnesota Department of Public     Minnesota.
 Safety.
Missouri Department of Revenue &   Missouri.
 Missouri State Highway Patrol;
 Missouri Department of
 Transportation.
National Automobile Dealers        NADA.
 Association.
Nebraska Agri-Business             NE Agri-Business.
 Association.
Nebraska Department of Motor       Nebraska.
 Vehicles.
New York DMV Motor Carrier Bureau  New York.
North Dakota Department of         North Dakota.
 Transportation.
National School Transportation     NSTA.
 Association.
Ohio State Highway Patrol........  Ohio.
Oklahoma Department of Public      Oklahoma.
 Safety.
Owner-Operator Independent         OOIDA.
 Drivers Association, Inc.
Oregon DMV.......................  Oregon.
Pennsylvania Department of         Pennsylvania.
 Transportation.
Schneider National, Inc..........  Schneider.
South Carolina DMV...............  South Carolina.
South Dakota Driver Licensing      South Dakota.
 Program.
Truckload Carriers Association...  TCA.
Tennessee Department of Safety...  Tennessee.
Texas Dept of Public Safety......  Texas.
Commonwealth of Virginia DMV.....  Virginia.
Washington State Dept of           Washington.
 Licensing.
Wisconsin Dept of Transportation.  Wisconsin.
Winkle Bus Company...............  Winkle.
Wyoming Joint Transportation,      Wyoming.
 Highways & Military Affairs
 Committee.
------------------------------------------------------------------------

    This final rule responds to the comments received on the 17 issues 
addressed in the NPRM preamble. The 18th section addresses issues 
related to fraud prevention and the 19th section addresses 
miscellaneous comments not specifically associated with any of the 17 
original issues or fraud prevention.
1. Strengthen Legal Presence Requirement
a. Required Forms/Documents
    FMCSA proposed amending Sec.  383.71 to include a list of 
acceptable documents to prove citizenship or legal presence.
    Comments. Advocates, CRST, Elgin CC and the State of Tennessee 
supported the proposed change. DHS recommended either using the list of 
acceptable documents for establishing lawful status, which it published 
as a part of the REAL ID rule, or adopting REAL ID's method for 
verifying lawful

[[Page 26858]]

status. Michigan supported harmonizing requirements with REAL ID.
    FMCSA Response. The final rule adopts the appropriate documents 
from the most recent list that DHS adopted for proof of citizenship or 
legal presence under REAL ID. (See 73 FR 5272; January 29, 2008.) Use 
of this list will ensure greater compatibility with DHS programs 
including REAL ID.
b. Nonresident CDL
    FMCSA proposed amending Sec. Sec.  383.5, 383.23, 383.71 and 383.73 
to reinforce ``State of domicile,'' as previously defined in the 
regulations, by specifying that a State may only issue a CLP or CDL to 
an applicant who is a U.S. citizen or lawful permanent resident. Under 
the proposal, applicants domiciled either in a foreign country other 
than those granted reciprocity by the Administrator, or in a State that 
had its CDL program decertified may be issued a Nonresident CLP or CDL.
    Comments. DHS objected to the term ``Nonresident'' because it is 
used differently for immigration purposes and could cause confusion. 
Under their current systems, Florida and New York already issue 
licenses to drivers who would qualify for Nonresident CLPs and CDLs 
under the proposed rule, but object to the change on the grounds that 
it would be burdensome to create a new category of license. Virginia 
does not currently issue CDLs to drivers domiciled in foreign countries 
and is opposed to expending resources to create this new category of 
license. Tennessee objected to Nonresident CLPs and CDLs without 
explanation.
    FMCSA Response. The final rule changes the term ``Nonresident'' to 
``Non-domiciled'' for both CLPs and CDLs. This change will provide 
greater consistency with FMCSA's authorizing statute, which bases 
jurisdictional authority to issue CDLs on domicile, not residency. In 
addition, the change to ``Non-domiciled'' will avoid confusion and 
eliminate any actual or perceived conflicts with DHS' immigration 
programs. Other than the change to ``Non-domiciled,'' the rule remains 
as proposed in the final rule.
2. Social Security Number Verification Before Issuing a CLP or CDL
    FMCSA proposed amending Sec.  383.73(g) to 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 CDL if the information in the SSA database 
does not match applicant-provided data. FMCSA proposed that the SSN 
verification would only have to be performed once for each CLP or CDL 
applicant if a notation is placed on the driver record that the 
verification was done and the results matched information provided by 
the applicant.
    Comments. Georgia, Michigan, NADA, AMSA, and a community college 
support the proposal. Minnesota commented that the proposal may not 
consistently protect against or identify those applicants presenting 
false identities and that the process is burdensome and cost 
prohibitive. CRST supports the proposal only if the States are capable 
of managing the process without delays. Farris Bros. expressed concerns 
about privacy and information security. New York requested an exemption 
to this provision when an applicant presents a letter confirming the 
applicant has resolved a problem with a name or date of birth not 
matching the information in the SSA database.
    FMCSA Response. The SSN verification requirement remains as 
proposed in the NPRM. FMCSA views this requirement as a basic yet 
critical fraud prevention measure. FMCSA disagrees that this 
requirement is burdensome. Approximately 45 States currently conduct 
SSN verification for CDL applicants. Furthermore, verification is 
neither a lengthy process nor expensive (approximately $.025 for batch 
and $.03 for online transactions). FMCSA declines to adopt New York's 
exemption request. Verifying directly with the SSA that an applicant's 
name, date of birth and SSN all match after a discrepancy has been 
resolved is necessary to prevent fraud.
3. Surrender Of CLP, CDL and Non-CDL Documents
a. Surrender of Documents
    FMCSA proposed amending Sec. Sec.  383.71, 383.73 and 384.211 and 
adding Sec.  383.25 to expand the current CLP and CDL surrender 
requirements to include any transaction where a CLP is being upgraded 
or a CDL is being initially issued, upgraded, or transferred.
    Comments. Florida and a community college support the proposal. 
Advocates supports the proposal but states that the language is 
ambiguous as to whether it is mandatory or optional. Georgia commented 
that 49 CFR 384.211 requires CDL applicants to surrender all previously 
issued CDLs and, therefore, it already complies with the proposed rule. 
Delaware commented that the proposal is unnecessary because an 
applicant's identity can be verified through other documents and 
electronic systems. New York commented that since it does not issue 
over-the-counter documents, applicants could be without any photo 
identification until the new or replaced CLP or CDL arrives in the 
mail. New York suggested perforating instead of surrendering documents. 
Michigan suggested that the Agency adopt a standardized document 
invalidation process such as clipping the corner of the prior document. 
Minnesota complained that finding a vendor to perforate old documents 
with the word ``VOID'' would be expensive.
    FMCSA Response. The surrender requirement is mandatory and remains 
as proposed. FMCSA disagrees that it is unnecessary to surrender prior 
documents. The surrender requirement is necessary to prevent fraud in 
the form of a driver holding more than one CDL document. Moreover, the 
rules recognize that not all States issue CDL documents over-the-
counter and include an alternative standardized document invalidation 
process. As proposed in the NPRM, FMCSA is incorporating its guidance 
on stewardship requirements for surrendered documents into the final 
rule. As a result, the final rule provides for an alternative to 
surrender: Perforating old documents with the word ``VOID.''
b. Mailing of Initial License
    FMCSA proposed amending Sec.  383.73 to require that States may 
only issue an initial CDL or CLP by mailing it to the address a driver 
provided on his/her application form.
    Comments. South Dakota opposed issuing CLPs by mail because States 
with over-the-counter procedures would have to develop special 
procedures. Florida claimed that the benefits associated with this 
change do not justify the costs required to establish a mailing system. 
North Dakota and Oklahoma argued that the proof of domicile requirement 
renders the mailing requirement unnecessary. Oklahoma further 
complained that forcing States to adopt central issuance would be 
costly. Tennessee questioned whether FMCSA is in fact requiring all 
States to change to a central issuance system. Georgia commented that 
if mailing is required, then States should be able to issue interim 
temporary CDLs over-the-counter. Illinois stated that unless the States 
are permitted to choose between mailing and implementing an address 
verification program, FMCSA is essentially mandating that the State 
adopt central issuance. Michigan does not believe that its practice of 
issuing CDLs and CLPs

[[Page 26859]]

over-the-counter contributes to fraud. ATA, Driver Holdings and CR 
England complained that mailing will cause unnecessary delays for CLP 
holders entering driving schools. ATA further noted that DHS does not 
require mailing in the REAL ID rules.
    FMCSA Response. FMCSA has removed the requirement that States issue 
initial CLPs and CDLs by mail. This change is consistent with DHS's 
REAL ID rules and provides States with more flexibility, without a 
demonstrated reduction in fraud prevention, because, presumably, the 
same documents that are presented to prove domicile are used to verify 
mailing addresses. In addition, this change will prevent delays in 
applicants receiving CDLs and CLPs and will reduce the States' cost of 
compliance.
4. CDL Testing Requirements for Out-of-State Driver Training School 
Students
    FMCSA proposed to add Sec.  383.79 to provide that a person who 
holds a CLP would be able to take the CDL skills test outside of his/
her State of domicile. The testing State would then send the skills 
test results to the State of domicile. The State of domicile would 
accept the results of the skills test and, if the applicant passed, 
would issue a CDL.
    Comments. Advocates and an individual driver supported this 
proposal because reciprocity would increase national uniformity. NADA 
and AMSA also supported the concept of reciprocity. However, this 
proposal generated significant negative comments. CVTA commented that 
lack of uniform State testing standards would promote shopping for a 
State with the lowest testing standards. It also commented that many 
States do not grant reciprocity for CDLs, instead requiring even 
experienced drivers to retest. ATA, CVTA and CTA preferred temporary 
nonresident CDLs as an alternative. These associations, a number of 
carriers, a driver trainer and an individual driver commented that the 
proposed rule would require costly and time-consuming travel as well as 
delays to starting company-administered training and employment. 
Several trainers praised Illinois's high standards and objected to any 
rule that would inhibit the State's ability to do what it deemed 
necessary.
    All of the State agencies that submitted comments had issues with 
the proposal. The principal complaint was that the individual States 
would lose control over the integrity of the testing process. States 
that employ stringent anti-fraud measures in the testing process object 
to being required to accept results from States that are relatively 
lax. States that had previous experience with testing fraud were 
particularly opposed. Texas commented that the proposal had the 
potential for a significant increase in fraud because the State that 
issued the CDL would have no recourse against testers outside its 
jurisdiction. Several States suggested that FMCSA change the 
requirement to permit, but not require, reciprocity. Several States 
also complained that the proposed rule would increase costs in terms of 
program, procedure and training changes. A number of States had 
specific concerns about the electronic transmission of information 
between States and the costs associated with implementing an electronic 
system.
    FMCSA Response. After careful consideration of these comments, 
FMCSA has determined that the final rule will remain as proposed. 
States are required to accept the results of a skills test administered 
to an applicant by any other State. FMCSA is confident that the 
upgraded skills test and anti-fraud standards required and implemented 
by this rule will improve and standardize both skills testing and fraud 
prevention, creating more uniformity across all States' CDL programs.
    In addition, FMCSA believes that the new rule will help reduce 
barriers to entry into the driver labor market. Under current law and 
regulations, a driver may only obtain a CDL or CLP from his/her State 
of domicile. The new rule will facilitate driver training for 
applicants unable to train in the State of domicile. In addition, 
training schools often provide applicants with use of a truck for 
testing purposes. For many applicants, this is the only feasible option 
for testing. If applicants are required to return to their States of 
domicile for testing, they would have to secure use of a truck, obtain 
insurance and/or incur the cost of renting a truck simply to take the 
test. For many this is logistically or financially prohibitive.
    The travel costs raised by carriers in their comments are not 
related to the proposed rule change. Currently, many States do not 
enforce the requirement that only the State of domicile may issue a CDL 
or CLP. As a result, drivers are avoiding the travel costs associated 
with the return to the State of domicile by obtaining CDLs from States 
other than their States of domicile, in violation of federal statute 
and FMCSA's rules. With or without the rule change, these costs exist. 
It does not appear unreasonable to require a driver applicant to return 
to his/her State of domicile because this is where, by definition, he/
she makes his/her permanent home and is the jurisdiction to which he/
she intends to return.
    FMCSA leaves it to the States to determine what secure electronic 
method of transmitting test scores works best for them. At least one 
State currently has an electronic database that can be used for the 
transmission of test results between States. Other States may prefer to 
use more basic methods of electronic transmission such as e-mail.
5. State Reciprocity for CLPs
    FMCSA proposed amending Sec.  384.214 to allow a person to obtain a 
CLP from his/her jurisdiction of licensure and then engage in CMV 
driver training located in whole or part in any State, similar to the 
reciprocity States grant other States' CDL holders who travel across 
State lines.
    Comments. South Carolina, Michigan, Advocates, NADA, CTA and two 
carriers support CLP reciprocity. CTA and a carrier commented that CLP 
reciprocity would reduce training and licensing costs and increase 
flexibility, but also suggested that States be able to issue temporary 
CLPs to driver-trainees domiciled in other States. OOIDA supports the 
proposed rule so long as it does not create an additional burden on the 
States or compromise the one driver/one license/one record principle.
    FMCSA Response. The final rule will remain as proposed: States will 
be required to grant reciprocity to CLPs issued in other States. This 
will permit a CLP holder to train in States other than his/her State of 
domicile. FMCSA believes that issuing temporary CLPs to driver-trainees 
domiciled out-of-State would violate the one driver/one license/one 
record principle.
6. Minimum Uniform Standards for Issuing a CLP
a. Passing the General Knowledge Test To Obtain a CLP
    FMCSA proposed adding new Sec.  383.25 and amending Sec. Sec.  
383.71 and 383.73 to require that every applicant successfully complete 
the CDL knowledge test before being issued a CLP. A driver who holds a 
valid non-CDL in his/her State of domicile would obtain a CLP from the 
State of domicile upon successful completion of a general CDL knowledge 
test.
    Comments. Advocates, two associations, two driver-trainers, a 
carrier and five States generally supported this proposal.
    FMCSA Response. The final rule will remain as proposed with the 
following clarification: A driver holding a valid CDL who seeks an 
upgrade for which a skills test is required must also pass the

[[Page 26860]]

appropriate knowledge test prior to obtaining a CLP. This is consistent 
with the new Sec.  383.25(d) which requires a CDL holder seeking an 
upgrade to his/her CDL to obtain a CLP if the upgrade requires a skills 
test.
b. Requiring the CLP To Be a Separate Document From the CDL or Non-CDL
    FMCSA proposed adding new Sec.  383.25 and amending Sec. Sec.  
383.151 and 383.153 to require that the CLP be a separate document from 
either the CDL or the non-CDL; contain the words ``Commercial Learner's 
Permit'' or ``CLP'' displayed prominently; and include a statement that 
it is not valid for driving a CMV unless presented with the underlying 
CDL or non-CDL.
    Comments. Advocates strongly supports the proposal. New York and 
Alabama commented that there is not enough room for the proposed 
language on the CLP. Tennessee commented that a two-part license would 
cause problems with tracking expiration dates, software upgrades and 
law enforcement officials having to review two documents. Georgia 
commented that the proposal may not be compatible with REAL ID because 
a driver may only hold one REAL ID-compliant identification document. 
Texas suggested having CLP holders surrender their underlying non-CDL 
documents and requiring States to issue one integrated document that 
would serve as both a CLP and non-CDL. Washington supports the proposal 
but notes that it will require changes to its document issuing process.
    FMCSA Response. The requirement remains as proposed--that the CLP 
be a separate document from the underlying license. This rule is not 
inconsistent with REAL ID because the license and the CLP are not two 
separate licenses; they are two parts of the same license. As a result, 
the CLP is not valid unless presented with the underlying license. 
Furthermore, the two documents share the same driver's license or 
record number. FMCSA believes that one integrated document would create 
problems since the CLP and non-CDL would likely have different 
expiration dates. Tracking expiration dates on separate documents 
should not present a significant problem because most States appear to 
do this under the current system. The standard language is necessary so 
that all parties checking the license (law enforcement, etc.) 
understand the purpose and limitations of the CLP.
c. CLP Document Should Be Tamperproof
    In accordance with section 4122 of SAFETEA-LU, FMCSA proposed 
amending Sec. Sec.  383.153 and 383.155 to require that CLP documents 
be tamperproof and that the content of the CLP documents be the same as 
the content of the CDL documents.
    Comments. Georgia and Florida support the proposal. Delaware 
commented that tamperproofing is expensive and that it is not necessary 
because the CLP is only used for a short period of time. Michigan 
described its current system, which pairs a secure underlying license 
with a paper CLP, as more than adequate and does not believe it is 
cost-effective to expend resources to tamperproof a temporary document.
    FMCSA Response. The tamperproofing requirement, which Congress 
required in SAFETEA-LU, remains as proposed.
d. Photograph on CLP
    FMCSA proposed amending Sec.  383.153 and adding new Sec.  384.227 
to require that States include a color photograph or digitized color 
image of the driver on CLPs.
    Comments. Advocates asked FMCSA to provide data or information 
showing that a photograph or digitized image will substantially deter 
fraud. Pennsylvania and Michigan do not currently require a photograph 
on the CLP and object on the grounds that the change would be 
burdensome. Michigan argued that a photograph on the CLP would be 
unnecessary if the underlying CDL or non-CDL has a photograph. DHS 
objected to having a State issue two photograph IDs to a single person, 
stating that it would violate the one driver/one license/one record 
principle.
    FMCSA Response. After studying these comments and further 
considering the risk of fraud, FMCSA has decided not only to remove the 
requirement for a color photo on the CLP document, but also to prohibit 
a photo on the CLP document. FMCSA has determined that eliminating the 
photo makes the CLP more secure. Otherwise, a State would be issuing a 
single person two State-issued photo IDs and someone other than the 
record holder could present the CLP document as a photo ID to establish 
identity or for other purposes. This change also complies with the 
spirit and intent of one driver/one license principle: Drivers will not 
be issued more than one photo ID. The CLP is a two-part license 
comprised of the CLP document and the underlying CDL or non-CDL 
together, and the CLP document must be presented with the underlying 
CDL or non-CDL to be valid. The CLP document will have the same 
driver's license number as the underlying CDL or non-CDL as well as 
language stating the two-part nature of the document, making this 
relationship clear.
e. Recording the CLP in CDLIS
    FMCSA proposed amending Sec. Sec.  383.71, 383.73(h), 384.205, 
384.206, 284.207, and 384.225 to require States to create a CDLIS 
record for a CLP and to require States to post all CLP transactions to 
CDLIS.
    Comments. Advocates, Tennessee and Georgia supported the proposal, 
as did South Carolina, which already complies with the proposal. 
Delaware objected to the requirement because of additional costs. CTA 
generally supported the idea behind the proposal but noted that it 
would be burdensome to the States. Arkansas commented that the proposal 
would require it to perform CDLIS checks before issuing a CLP, which 
would result in longer lines and additional expense.
    FMCSA Response. The rule's provisions requiring recording the CLP 
in CDLIS, which Congress required in SAFETEA-LU, remain as proposed.
7. Maximum Initial Validity and Renewal Periods for CLP and CDL
a. Initial Validity and Renewal Periods for a CLP
    FMCSA proposed adding new Sec.  383.25 to require that States make 
the initial CLP valid for 180 days and that they may renew it for an 
additional 90 days without requiring the CLP holder to retake the 
general and endorsement knowledge tests.
    Comments. NADA and CRST supported the proposal. Florida supported 
the proposal as long as it does not allow unlimited re-issuance of CLPs 
where applicants continue to pass the knowledge tests. Michigan 
requested clarification as to whether an applicant would have to take 
the knowledge test again to reset the cycle. California, New York, 
Virginia and the Army commented that the initial period was too short. 
Oregon, Illinois, Georgia and Wood CC suggested a one-year, initial 
non-renewable period. Minnesota specifically recommended a 9-month 
validity period. Advocates and CR England suggested a 90-day initial 
period with a 90-day renewal period. South Dakota, Georgia and Elgin CC 
commented that the renewal period was too short. Idaho and Washington 
supported a 6-month renewal period. The Florence S-D recommended two 6-
month renewal periods. Wisconsin complained that the validity cycle was 
too short. South Carolina objected because it would require a change to 
existing systems.

[[Page 26861]]

    FMCSA Response. The FMCSA is making no change to the initial CLP 
validity period of 180 days but is changing the final rule to allow the 
CLP to be renewed for an additional 180 days (instead of 90 days) 
without requiring the CLP holder to retake the general and/or 
endorsement knowledge tests. This will give CLP holders more time to 
train and take the CDL skills test, and is generally in line with the 
majority of the comments, which recommend some combination of initial 
validity and renewal periods to a maximum of one year. Also, the longer 
validity period will ease the burden on DMV resources. The number of 
times a State permits re-issuance of a CLP after an applicant passes 
the knowledge test is not addressed in this rulemaking and is left to 
the States' discretion.
b. Initial Validity and Renewal Periods for a CDL
    FMCSA proposed amending Sec.  383.73 to establish maximum initial 
and renewal periods of 8 years for CDLs.
    Comments. ATA, AMSA and CRST support this provision. Advocates 
opposed it on the basis that this period will increase the potential 
for unsafe drivers to evade detection and magnify the possibility of 
fraud and the amount of time that fraudulent CDL actions can continue 
undetected. Missouri commented that because CDL drivers must be 
medically examined and certified every two years, the disparity between 
the duration of the CDL and the medical examination could prove to be 
cumbersome for SDLAs, if the medical certification is ultimately linked 
to CDL issuance. Georgia and Michigan support the proposal, but 
suggested that the final rule incorporate REAL ID by reference. Texas 
recommended that the term be for five years so it matches the CDL 
expiration date to the TSA Hazardous Materials Endorsement background 
check requirement.
    FMCSA Response. The requirement for maximum issuance and renewal 
periods of 8 years remains in the final rule. Some commenters 
misunderstood the proposal: Under the new rule 8 years is the maximum, 
but States are free to set shorter validity periods. This will affect 
only a small number of States that currently permit validity periods 
longer than 8 years. Finally, although FMCSA declines to adopt REAL ID 
by reference wholly or in part, this provision is consistent with 
maximum validity periods required by REAL ID.
8. Establish a Minimum Age for CLP
    FMCSA proposed amending Sec.  383.71(a) to require that a CLP 
holder be at least 18 years old, the minimum age to operate a CMV in 
intrastate commerce. The Agency also proposed to apply the exceptions 
and exemptions from the age requirements for interstate commerce, 
granted in Sec. Sec.  390.3(f) and 391.2 and subpart G of part 391, to 
the issuance of a CLP.
    Comments. ATA and two carriers, a citizen, a driver and a driver 
trainer supported the proposal. Six States commented that they are 
already in compliance with the proposed rule. AMSA endorsed the 
proposal, saying it would help enforce the current age limit on driving 
of CMVs. Advocates and the Transportation Defense Lawyers Network were 
concerned that allowing CLPs for driver as young as 18 when they could 
not drive in interstate commerce until the age of 21 would be used to 
justify lowering the age of interstate CDL driving. TCA urged FMCSA to 
develop an experimental program to determine the feasibility of using 
drivers 18 to 20 years old in interstate commerce. California and 
Illinois commented that the rule will create hardship in the 
agricultural community.
    FMCSA Response. The proposed requirement remains in the final rule. 
In the NPRM, FMCSA only proposed setting the minimum age for CLPs at 
18. Lowering the minimum age for CDLs is beyond the scope of this 
rulemaking. For a discussion of the rule's applicability to the 
agricultural community, please see Section 19.a. below (Applicability 
to agricultural sector).
9. Preconditions to Taking the CDL Skills Test
a. CLP Prerequisite for CDL
    FMCSA proposed adding new Sec.  383.25(d) to require that obtaining 
a CLP is a precondition to the issuance or upgrade of a CDL.
    Comments. Idaho suggested that there should be an exclusion for 
drivers seeking upgrades or who have previously held CDLs. Delaware 
recommended that this requirement apply only to those who have never 
held a CDL. Florida did not oppose the requirement, but commented that 
it may adversely affect school districts and other organizations from 
hiring new people. New York and Wisconsin commented that this 
requirement would entail modifications to State systems. A carrier 
commented that CLPs are unnecessary, without further explanation.
    FMCSA Response. FMCSA has modified the final rule to state that, 
with respect to upgrades, a CLP is a precondition to the issuance only 
if the upgrade requires a skills test (as opposed to a knowledge test). 
Where skills testing is a part of the licensing process, FMCSA believes 
it is important for drivers to have the opportunity to practice on the 
public roads in a CMV under the supervision of an experienced driver. 
FMCSA believes that a CLP is an important document to distinguish 
between CDL holders and driver-trainees who must be accompanied by CDL 
holders.
b. CLP Holder Accompanied by CDL Holder
    FMCSA proposed adding new Sec.  383.25(a) to require that the CLP 
holder be accompanied by the holder of a valid CDL with the proper CDL 
group and endorsement.
    Comments. Wisconsin opposes this requirement and commented that 
permitting unaccompanied CLP holders can facilitate driver training. 
Advocates does not believe that having a CDL holder accompany a CLP 
holder provides sufficient assurances of safety because no standards 
exist for the accompanying CDL holder's driving skills, qualifications 
or length of time he/she has had his/her CDL.
    FMCSA Response. The final rule remains as proposed. Safety 
considerations outweigh convenience during driver training. FMCSA does 
not believe that it is safe to permit inexperienced drivers who have 
not yet passed the CDL skills test to drive unaccompanied. Because 
qualifications of the accompanying CDL holder were not addressed in the 
NPRM, they are beyond the scope of this rulemaking.
c. Waiting Period To Take Skills Test
    FMCSA proposed adding new Sec.  383.25(e) to require that the CLP 
holder is not eligible to take the CDL skills test within 30 days of 
issuance of the CLP.
    Comments. Tennessee, Georgia, Michigan and Advocates supported the 
30-day waiting period. Twenty-one commenters opposed the 30-day waiting 
period. ATA and CVTA argued that the 30-day waiting period penalizes 
driver-trainees who successfully complete their training less than a 
month after obtaining their CLPs. ATA, NE Agri-Business, and NSTA 
commented that delaying the skills testing also means that driver 
training graduates will be forced to postpone their employment and 
subsequent ability to begin earning wages. It also will be costly for 
employers, who must either pay the drivers they have trained for not 
working while they wait to be licensed or risk losing them to another 
industry. NE Agri-Business and CVTA argued

[[Page 26862]]

FMCSA offered no empirical evidence that trainees are better drivers or 
are better prepared for the skills test after 30 days' practice. 
Schneider recommended that FMCSA change the waiting period to 14 days, 
to avoid skills degradation between training and testing. The Joint 
School District recommended a waiting period of 10 days between taking 
the written exam and the skills test. Several commenters opposed the 
30-day waiting period because classroom training is usually before a 
student applies for the CLP and, based on the hours in the proposed 
entry level training rule, the behind the wheel training will take no 
more than two weeks.
    FMCSA Response: FMCSA has amended the provision in the final rule 
to grant eligibility to take the CDL skills test 14 days after 
obtaining a CLP. FMCSA understands that some CLP holders may acquire 
driving skills more quickly than others. Regardless, FMCSA encourages 
CLP holders to train for as long as necessary to gain sufficient CDL 
driving skills. However, those who feel ready are eligible, but not 
required, to take the skills test 14 days after obtaining the CLP. 
FMCSA does not believe this will compromise safety because only 
qualified drivers will be able to pass the skills tests given in 
accordance with the enhanced standards mandated elsewhere in this rule.
d. Relationship to Entry Level Driver Training Rulemaking
    On December 17, 2007, FMCSA published a Notice of Proposed 
Rulemaking addressing Entry Level Driver Training. This proposed rule 
would require both classroom and behind-the-wheel training for drivers 
seeking a CDL for the first time.
    Comments. Commenters requested clarification about the relationship 
between this rule and the Entry-Level Driver Training rule.
    FMCSA Response. The final rule for Entry Level Driver Training is 
still under development. While these are separate rules, FMCSA will 
ensure that any future requirements for driver training are completely 
compatible with the requirements of this rule.
10. Limit Endorsements on CLP to Passenger (P) Only
    FMCSA proposed adding new Sec.  383.25 and amending Sec.  383.93 to 
require that CLP holders not be eligible for any endorsement other than 
the passenger (P) endorsement.
    Comments. Advocates and CRST support the proposal. A number of 
entities supported a prohibition on hazardous material endorsements on 
CLPs but objected to prohibiting other endorsements. Six associations 
commented that the proposed limit on CLP endorsements would cause 
delays in providing employees necessary tanker, hazardous material, and 
school bus training, and would compound the problems the industry has 
in hiring and keeping full-time CDL employees. CVTA and ATA stated that 
this prohibition would create problems for drivers who wish to add an 
endorsement to their license as well as the motor carriers that employ 
them. They further commented that it would require a costly, time-
consuming, two-stage training process and could have an unintended 
consequence of shifting endorsement training away from more 
standardized means of instruction such as at driver training schools. A 
driver trainer commented that the limit on CLP endorsements would make 
training very difficult. Schneider commented that in its experience, 
training CLP holders with tanker endorsements produces safer drivers. 
CR England asked FMCSA to clarify that the prohibition against a CLP 
driver carrying passengers does not apply to ``trainers, trainees and 
Federal/State Auditors/Inspectors.'' California commented that drivers 
should be able to train on the type of vehicle they will eventually be 
driving. Georgia supports additional endorsements so that drivers could 
get more behind-the-wheel training. New York, Oregon, and a school 
district recommended permitting a tanker endorsement. Illinois wants 
more flexibility in allowing training on tankers and double/triple 
trailers. Two driver trainers objected to prohibiting training on 
vehicles requiring endorsements because it sets up a two-step training 
process. One driver trainer suggested permitting CLP holders to obtain 
knowledge test endorsements, but that they should not be valid until 
the driver obtains a full CDL. A number of States had concerns about 
school bus drivers not being able to train on school buses without an 
endorsement. New York expressed concern about not having the school bus 
(S) endorsement on the CLP. The State said the presence of the S 
endorsement would be proof of the applicant passing the knowledge test 
before taking the skills test.
    FMCSA Response. The final rule includes the following in addition 
to maintaining the P endorsement FMCSA originally proposed:
    A CLP holder may obtain a school bus (S) endorsement with a no-
passenger restriction. This change promotes consistency because the P 
and the S endorsements both require knowledge and skills testing. Also, 
it is logical to permit an S endorsement because it will provide proof 
that the CLP holder passed the S endorsement knowledge test before 
taking the S endorsement skills test. The final rule clarifies that the 
no-passenger restriction on the P and S endorsements does not apply to 
instructors, examiners, other trainees or Federal/State auditors/
inspectors.
    A CLP holder may also obtain a tank vehicle (N) endorsement with 
the restriction that the tanker must be empty and must have been purged 
if it previously contained hazardous materials. An N endorsement on the 
CLP with an ``empty'' restriction balances safety concerns with 
industry needs to train drivers on the type of vehicles they will 
eventually be driving, but does not allow them to train under cargo-
laden conditions until they have learned the basics of operating the 
vehicle. By limiting endorsements on the CLP, FMCSA intends for drivers 
to learn how to operate a CMV safely before taking on more dangerous 
operations requiring higher skill levels. It is permissible to take the 
knowledge test for endorsements at the same time as the knowledge test 
for the CLP, however, the driver must obtain a CDL before driving 
vehicles requiring endorsements (other than those set forth above).
11. Methods of Administering CDL Tests
    FMCSA proposed amending Sec.  383.133 to prohibit the use of 
interpreters during the administration of the knowledge and skills 
tests, and to require that applicants be able to understand and respond 
to verbal commands in English by the skills test examiner.
    Comments. South Carolina, New York, Tennessee, Georgia, Alabama, 
Michigan, Texas, ATA, Advocates, CVTA, CR England, Elgin CC, Driver 
Holdings, three individuals and two drivers all support the proposal. 
OOIDA commented that understanding basic commands in English does not 
sufficiently demonstrate proficiency. Washington requested that FMCSA 
clarify whether the definition of ``interpreter'' includes bilingual 
testers and whether the NPRM proposed that skills testing be conducted 
in English only. Florida opposed that portion of the proposal that 
requires that the skills test be given in English only. Although it 
already prohibits the use of interpreters during skills tests, it 
permits examiners to interact with applicants in other languages.
    FMCSA Response. FMCSA has modified the final rule to make clear 
that examiners may interact with applicants only in English during the 
skills test. The OIG's 2002 report on

[[Page 26863]]

improving CDL testing and standards noted that some States permit 
bilingual testers to test in languages other than English, while other 
States do not permit this practice. Under the final rule this practice 
is prohibited; bilingual or multilingual examiners are not permitted to 
test in languages other than English. This clarification is consistent 
with 49 CFR 391.11(b)(2), which requires drivers to have certain 
minimum English language skills and will promote national uniformity in 
testing standards. It is worth noting that Sec.  391.11(b)(2) is 
currently under Agency review. If the Agency makes changes to Sec.  
391.11(b)(2), it may also propose corresponding changes to Sec.  
383.133.
12. Update Federal Knowledge and Skills Test Standards
    Some modifications to part 383, subparts G and H, were proposed to 
match the knowledge and skills test standards set forth in the AAMVA 
2005 CDL Test System.
    Comments. CRST, Advocates, Indiana Rural Electrics, and AMSA were 
generally supportive of the rule's changes to Federal standards for CDL 
knowledge and skills testing. AMSA stated that its support was based on 
the fact that substantial input was taken from those in the affected 
industry and that the rule would promote uniformity across States.
a. Incorporate by Reference AAMVA 2005 CDL Test System
    FMCSA proposed to add new Sec.  383.9 to incorporate the AAMVA 2005 
CDL Test System by reference into the Federal regulations for CDL 
knowledge and skills standards.
    Comments. NADA, Florida, Georgia and New York support adopting the 
2005 CDL Test System. Georgia and Florida stated that they have already 
adopted the 2005 CDL Test System. Missouri supported the rule change 
but suggested that States be able to use paper versions of the tests to 
accommodate those testing sites that are not computerized. Oregon 
commented that although the new test system is good, it has limitations 
and flaws and that AAMVA has been slow to correct errors and issue 
updates. Oregon further commented on proposed Sec.  383.133(b)(2)(i), 
which would require the total difficulty level of questions used in 
each version of a knowledge test to fall within a set range, by asking 
that AAMVA and FMCSA reconsider the way difficulty levels are used and 
remove reference to them. Oregon and Idaho both commented that the 
States should be given limited flexibility to deviate from the Test 
System. Minnesota suggested that the rule establish the AAMVA Test 
System as a minimum standard and that FMCSA allow States to alter the 
test as long as they satisfy this minimum. TCA objected to the new test 
system on the basis that endorsement of a single test was not 
necessarily in the interest of highway safety. Virginia, Illinois, 
California and Nebraska all expressed concern that the new standards 
would require expansion or reconfiguration of skills testing areas. New 
York expressed concern that it would not be able to test the required 
maneuvers in urban areas such as New York City. A community college 
expressed concern that not all existing testing centers could conform 
to the new standards, creating an economic hardship on applicants 
through increased travel costs. South Carolina commented that 
compliance with the computer generated test requirements would require 
significant IT solutions and substantial cost.
    FMCSA Response. In the final rule, FMCSA does not incorporate by 
reference the AAMVA 2005 CDL Test System, because doing so would have 
allowed examinees access to sensitive testing information. As a result, 
proposed Sec.  383.9 is not included in the final rule. The final rule 
requires States to use an FMCSA pre-approved State Testing System that 
meets the minimum requirements established in this rule and that is 
comparable to the AAMVA 2005 CDL Test System (July 2010 version), which 
FMCSA approves in this rule. FMCSA will provide all State Driver 
Licensing Agencies with a copy of the Test System prior to the 
effective date of this rule. The July 2010 version contains minor, non-
substantive revisions to the original (December 2005) version. FMCSA 
does not believe that the new test standards will be burdensome to the 
States. In fact, by the end of 2009, approximately 50 percent of States 
had adopted the 2005 CDL Test System. The 2005 CDL Test System, 
unmodified, is the appropriate standard to use because it has been 
rigorously pilot-tested and evaluated for validity and consistency.
    States concerned about the challenges of automating the generation 
of multiple versions of the knowledge test may consider relying on 
vendors who will make appropriate software available. Even though 
automated generation is the preferred method, States may nonetheless 
prepare the tests manually using the algorithm required by the 
standards.
    Although the testing standards for the skills test were upgraded to 
make performance of off-road maneuvers harder, States do not have to 
build new sites to test all of the maneuvers. The 2005 CDL Test System 
provides more flexibility to States in choosing driving skill 
components than previous versions. Instead they can choose the skills 
and maneuvers in the testing standards that are appropriate for their 
current sites, rendering significant reconfiguration or expansion of 
skills testing sites unnecessary.
    States using AAMVA's 2005 CDL Test System (Version July 2010) 
without modification do not need pre-approval from FMCSA. States 
seeking pre-approval to use other State Test Systems (including any 
modification to AAMVA's 2005 CDL Test System (Version July 2010)), must 
submit a request for approval to FMCSA's CDL Division.
b. Pre-Trip Inspection
    In addition, modifications to part 383, subparts G and H, were 
proposed to make the entire pre-trip inspection (not just the air brake 
inspection) part of the skills testing standard, rather than the 
knowledge testing standard as it is currently.
    Comments. South Carolina supported making the pre-trip inspection 
part of the skills testing. Texas and Nebraska opposed making the pre-
trip inspection part of the skills testing. Texas commented that 
administering the pre-trip inspection as a knowledge exam will not 
reduce safety. Nebraska commented that changing the pre-trip inspection 
back to a skills test would add 45 minutes to each skills test, thus 
increasing costs to the State.
    FMCSA Response. The pre-trip inspection will remain in the final 
rule as part of the skills test. The AAMVA 2005 CDL Test System 
includes the pre-trip inspection as part of the skills test because it 
is important to demonstrate the applicant's ability to inspect the 
vehicle for any defects. This should not be a burden to the States, 
because they now have the option of randomly administering one of three 
partial pre-trip inspection test options to the applicants, which will 
reduce the time needed to administer the pre-trip inspection as part of 
the skills test.
c. Skills Test Banking Prohibition
    Modifications to part 383, subparts G and H, were proposed to 
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).
    Comments. North Dakota supported the proposal to prohibit banking. 
New York said that it does not currently allow banking. However, most

[[Page 26864]]

commenters who addressed ``test banking'' were opposed to the proposed 
prohibition of this practice. They either stated that FMCSA had not 
explained the intended safety benefits of the provision or asserted 
that there would be no safety benefits. Specifically, twelve State 
agencies objected to this change, arguing that it would lengthen the 
amount of time it takes to re-test a driver who fails the exam but has 
passed some portions of the test. States also commented that greater 
resources will have to be dedicated to skills testing drivers if 
banking is prohibited due to the increased length of time needed to re-
test drivers who fail. Four associations, three carriers and four 
driver trainers expressed similar concerns. States also commented that 
the prohibition would increase administrative costs by making it 
difficult to schedule tests efficiently; requiring greater effort for 
examining personnel; requiring changes to testing systems, forms and 
process; and requiring staff retraining.
    FMCSA Response. After careful consideration of the many comments, 
FMCSA has decided to eliminate the proposed banking prohibition. FMCSA 
has introduced a number of new rules in this proceeding designed to 
improve the quality of CDL testing. Considering the number of negative 
comments and concerns about increased costs, the Agency has determined 
that, at this time, the safety benefits derived from this particular 
section do not justify States' anticipated costs of compliance. States 
remain, however, free to prohibit this practice. FMCSA has simply 
decided not to mandate that States prohibit banking.
d. Gross Vehicle Weight Rating (GVWR) Issues
    Modifications to part 383, subparts G and H, were proposed 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,'' 
``whichever is greater'' and ``gross combination weight rating and 
gross combination weight,'' ``whichever is greater.''
    Comments. Idaho commented that the expanded definition of CMV in 
section 4011(a) of TEA-21 combines overweight vehicle issues with CDL 
classifications. Illinois stated that it allows a person legally to 
register a vehicle for a greater amount than the manufacturer's GVWR/
GCWR (the GVWR/GCWR of a vehicle is less than 26,001 pounds, but the 
plate displayed on the vehicle covers a weight more than 26,000 
pounds).
    FMCSA Response. The proposed expanded definition of CMV remains in 
the final rule. The expanded definition of CMV in section 4011(a) of 
TEA-21 was not intended to allow overweight vehicles with a GVWR/GCWR 
of less than 26,001 pounds to be used as a representative vehicle for 
the purpose of taking a CDL skills test. The intent of including the 
actual gross vehicle weight and the gross combination weight in the 
expanded definition of CMV is to allow roadside enforcement against 
drivers who do not have a CDL, but are operating vehicles with an 
actual weight of more than 26,000 pounds. Therefore, the expanded 
definition of CMV is to be used for roadside enforcement, but only the 
GVWR and GCWR must be used for skills testing in order to maintain the 
representative vehicle concept.
    Allowing a person to register a vehicle for a greater amount than 
the manufacturer's GVWR/GCWR does not affect the expanded definition of 
CMV. Registered weight has never been a valid way of determining a 
representative vehicle.
e. Removal of Sec.  383.77 (Substitution of Experience for Skills 
Tests)
    Modifications to part 383, subparts G and H, were proposed to 
eliminate Sec.  383.77, because the substitute for a driving skills 
test was intended only for the initial testing cycle prior to April 1, 
1992.
    Comments. Several commenters, including New York, Florida, CTA, ATA 
and the Army complained that the proposed change would preclude States 
from granting the CDL skills test waivers to drivers with military CMV 
experience. ATA further stated that it is currently working with the 
Department of Defense to align the military's licensing standards more 
closely with commercial standards but is concerned that the proposed 
change would adversely affect the future ability of military CMV 
drivers to transition to a commercial setting. ATA and New York 
recommended keeping the CDL skills test waiver for holders of military 
driver's licenses with CMV experience.
    FMCSA Response. The final rule amends Sec.  383.77 to limit the 
substitution of experience for the skills test to eligible drivers with 
military CMV experience. The skills test waiver provision in Sec.  
383.77 was promulgated in 1988 as a temporary ``grandfathering'' 
transition measure when FMCSA first adopted CDL regulations. Although 
this provision has been associated with fraudulent activities, 
including the falsification of documents to prove that the applicant 
has the experience and clean driving record necessary to qualify for 
the waiver, FMCSA believes this provision serves an important function 
for military personnel returning to the civilian work force. Limiting 
this provision to drivers who have military CMV experience should 
significantly reduce the fraudulent activities associated with this 
provision. Regardless, FMCSA continues to encourage military units to 
train their recruits as CMV drivers and have them obtain State-issued 
CDLs while still in active duty status to minimize any adverse effect 
on their future ability to transition to the civilian workforce. FMCSA 
will continue to work with the armed services to identify other ways to 
facilitate military drivers getting CDLs.
f. Covert Monitoring of State and Third Party Skills Test Examiners
    Modifications to part 383, subparts G and H, were also proposed to 
adopt the OIG recommendation to require covert monitoring of State and 
third party skills test examiners.
    Comments. Missouri supported the proposal and recommended that 
federal funding be made available for implementation. Driver Holdings 
supported the proposal so long as the objective is to detect fraud, not 
mistakes or errors in judgment. Michigan complained that the proposal 
would increase State employees' work load significantly. Virginia 
commented that unannounced or covert monitoring is logistically 
difficult and burdensome--without advance notice, the necessary or 
appropriate people or documentation may not be available. The Army 
wants to have its CDL program certified in the future, and does not 
believe that covert monitoring can be conducted under current military 
installation and security requirements. South Carolina commented that 
it currently engages in covert monitoring of State employees. North 
Dakota does not think it should have to engage in covert monitoring of 
its own employees. Florida commented that the proposals are generally 
consistent with its programs, but that it finds announced visits more 
efficient than unannounced visits because, with the latter, key 
personnel can be unavailable. CTA commented that retesting a sample of 
drivers previously tested by a third party is burdensome. Several 
States object to all the monitoring being required and want funding 
from FMCSA.
    FMCSA Response. As proposed, covert monitoring of State and third 
party skills test examiners will remain in the final rule. In addition 
to the covert and overt monitoring of State and third party skills test 
examiners required at Sec.  384.229(b), Sec.  383.75(a)(5) requires 
States to perform one of the

[[Page 26865]]

three alternative skills test exercises (covert test taking, co-
scoring, and retesting) on third party examiners. FMCSA has determined 
that increased monitoring of State and third party skills test 
examiners' records and administration of skills tests, using both 
covert and overt methods, is an important part of both fraud prevention 
and quality control. Fraud prevention and quality control are, in turn, 
critical to achieving the goal of national uniformity in testing 
standards. Furthermore, the Agency adopts these monitoring requirements 
in accordance with the OIG's recommendation in its 2002 Report that it 
require covert monitoring of State and third party skills test 
examiners. FMCSA does not believe that these requirements are 
unreasonably burdensome. Although States may experience some 
inconveniences in the short term as they adjust their programs, FMCSA's 
goal is to improve the quality of testing standards over the long-term.
13. New Standardized Endorsements and Restriction Codes
a. Uniform Endorsement Codes
    FMCSA proposed to amend Sec.  383.153 to include uniform codes for 
all endorsements and restrictions on CDLs.
    Comments. Tennessee, Georgia, NADA, two carriers and a trainer 
supported the proposal. Wisconsin stated that this change would require 
legislation and a reconfiguration of the DMV's driver license data 
processing system. Virginia commented that it would require 
modifications to the DMV's automated system and was concerned it would 
require immediate reissuance of all CDLs. Delaware stated that this 
would be burdensome and commented that if a phased approach is 
acceptable to the FMCSA (change the license upon renewal), there will 
be some CDL holders who have the new endorsements and restrictions and 
others who have the old ones. If not, the DMV will have difficulty 
handling the volume of customers who would be required, within a 
limited time-frame, to have their licenses changed. Florida commented 
that the adoption of the new codes would be prohibitively expensive and 
that several of the proposed standard restriction codes are already in 
use for other purposes, while some of the proposed restrictions are 
represented by other codes. Florida and Minnesota suggested that the 
rule require CDLs to display explanations for the codes. New York 
commented that it would have to change its codes and that it would be 
burdensome. North Dakota and Illinois found the wording of the 
restrictions confusing in that some are restrictions and others are 
endorsements. Pennsylvania commented that current regulations are 
adequate. Michigan opposed the new codes because of the cost of 
implementation. Texas supported the proposal generally, but suggested 
that FMCSA establish a working group consisting of representatives from 
all States and jurisdictions, including AAMVA, to review this proposal 
and make a final recommendation on standardizing these codes to 
minimize the impact all States.
    FMCSA Response. The proposed changes remain in the final rule with 
minor modifications to clarify that the L, Z, E, O, M and N codes are 
restrictions, not endorsements. These comments demonstrate the need for 
standardizing the codes: States are using many inconsistent codes and 
have not, in many cases, followed the existing codes assigned by AAMVA. 
It is essential to have the new standardized codes on the licenses so 
that law enforcement officials across State lines can determine whether 
drivers have proper qualifications. FMCSA will not require CDLs with 
old codes to be reissued; the new codes will be used when the license 
is next renewed or reissued. FMCSA recognizes that during the 
transition period, law enforcement officials may encounter multiple 
sets of endorsement and restriction codes. However, this is no 
different than what is currently happening when CDL holders cross State 
lines. In the long term, the rule will correct this problem and promote 
national uniformity. An Agency outreach campaign to coincide with 
implementation should alleviate many of the States' concerns about the 
transition to the new codes.
    FMCSA disagrees that standardizing restriction codes will be 
prohibitively expensive. This rule does not require States to add 
endorsements or restrictions to their database or license. It only 
requires them to standardize the letter codes associated with the 
endorsements or restrictions they currently use. Thus, in some cases, 
States will have to replace one letter with another on the CDL license 
and in their SDLA data code. However, this is primarily a computer 
programming change limited to reassigning letter codes and should not 
result in the need to redesign CDL documents significantly. While the 
States will be required to adopt three new restriction codes, the 
majority of the mandated restriction codes in this final rule are the 
existing standardized national restriction codes that AAMVA adopted 
many years ago. These standardized codes were created by AAMVA so 
States would have uniform codes if they needed to use them as part of 
their licensing program. For those States that currently enforce these 
restrictions, but chose to use non-standardized codes, there will be a 
short-term burden in converting to the standardized codes. In the long 
run, it will benefit the CDL program by having all States use 
standardized codes for national restrictions.
b. Testing Drivers on Vehicles With Air Brakes, Automatic 
Transmissions, and Non-Fifth Wheel Combination Vehicles
    FMCSA proposed to amend the Federal restrictions at Sec. Sec.  
383.5, 383.93, 383.95, and 383.153 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 trailer with a non-fifth wheel 
(pintle hook) connection. All three restrictions would be assigned 
standardized restriction codes, along with a standardized code for the 
current air brake restriction.
    Comments. Florida and South Carolina support the proposal. 
Pennsylvania questioned whether current CDL holders who do not have the 
new restrictions or endorsements would be grandfathered. Idaho 
commented that the new restrictions are unnecessary, costly and 
burdensome on the driver and was concerned about there being enough 
room on the CDL for the increasing number of restrictions. Oregon 
supported the automatic transmission restriction but, with respect to 
the other new restrictions, believes that regulatory objectives would 
be better served by establishing standard restrictions for small Class 
A CMVs. A carrier asked whether it would have to bring several trucks 
to the tests to gain all of the needed endorsements.
    FMCSA Response. The proposed new standardized endorsements and 
restrictions remain unchanged in the final rule. A CDL applicant will 
be licensed with restrictions based on the type of vehicle and 
equipment he/she uses for the skills test. FMCSA believes that it is an 
important safety objective to require applicants to demonstrate their 
ability to operate the vehicles and equipment covered by this section 
prior to licensure.
    Beginning 3 years after the effective date of this final rule, 
current CLP and CDL holders who do not have the standardized 
endorsement and restriction codes, and applicants for a CLP or CDL, are 
to be issued CLPs and CDLs with the standardized codes upon initial 
issuance, renewal, upgrade or transfer.

[[Page 26866]]

    Current CDL holders will not be required to be retested to 
determine whether they need any of the new restrictions for no full air 
brakes, no manual transmission and no tractor-trailer. They are, in 
effect, grandfathered from this requirement. These new restrictions 
only apply to CDL applicants who take skills tests beginning 3 years 
after the effective date of this final rule (even if those applicants 
previously held a CDL before the new restrictions went into effect).
c. Automatic Transmission Restriction
    FMCSA proposed amending Sec. Sec.  383.95 and 383.153 to require a 
restriction on applicants who use a vehicle in the skills test that is 
equipped with an automatic transmission.
    Comments. Florida, Oregon and South Carolina support the proposal. 
CRST generally supports the entire standardized endorsement proposal. 
However, Idaho commented that the automatic transmission restriction 
was unnecessary, costly and burdensome and that employers are in the 
best position to determine a driver's proficiency on manual 
transmissions. Farris Brothers does not think the restriction is 
necessary. North Dakota found the proposed language confusing.
    FMCSA Response. To clarify how the automatic transmission 
restriction will be applied, the final rule includes a definition for 
``manual transmission'' in Sec.  383.5. This definition will clarify 
what constitutes a manual transmission and promote national uniformity 
in the application of this restriction. It will promote highway safety 
by only allowing qualified drivers to operate CMVs with manual 
transmissions. A CDL holder with the automatic transmission restriction 
is restricted from driving any class CMV with a manual transmission.
d. Definition of Tank Vehicle
    FMCSA proposed to amend Sec.  383.5 to set an aggregate rated 
capacity threshold of 1,000 or more gallons for all tanks (permanent 
and portable) before a driver would need a tank endorsement.
    Comments. Advocates strongly opposed this change. It commented that 
FMCSA did not adequately justify this change, indicating that it 
believed that this change would exempt CMV operators from the tank 
endorsement requirement when transporting certain hazardous materials 
of less than 1,000 gallons. Oregon supports the change for tank 
vehicles, but suggested changing the threshold to 500 gallons. CVSA 
supports the change for tank vehicles and the clarification that the 
tank capacity threshold for needing a tank vehicle endorsement should 
be the aggregate capacity of tanks being transported.
    FMCSA Response. While the proposed amendment setting a 1,000 gallon 
aggregate capacity threshold will remain in the final rule, there is 
also a need to retain a minimum individual rated tank capacity for the 
purpose of determining the aggregate capacity of the vehicle carrying 
multiple tanks. In the current definition of tank vehicle, reference is 
made to cargo tanks and portable tanks as defined in 49 CFR 171. Both 
of these types of tanks are defined as ``bulk packaging'' which is 
further defined in part 171 as having a capacity greater than 119 
gallons. Therefore, only tanks being transported with a rated capacity 
greater than 119 gallons will be considered for the purpose of 
determining the aggregate capacity threshold for needing a tank vehicle 
endorsement,
    The requirement for an endorsement for tank vehicles designed to 
transport 1,000 gallons or more is separate from the hazardous 
materials requirements. This rule does not affect any pre-existing 
hazardous material restrictions that might apply.
14. Previous Driving Offenses by CLP Holders and CLP Applicants
    FMCSA proposed amending Sec. Sec.  383.5; 383.51; 383.71; and 
383.73 to subject a CLP holder and CLP applicant to the same 
disqualification requirements as a CDL holder and CDL applicant.
    Comments. Michigan, Georgia, Texas, Advocates, ATA, AMSA and a 
training school commented that they had no objection. Texas also 
suggested that the proposed rule add drug offenses and certain felonies 
committed by CDL holders in non-CMVs to the list of offenses for which 
the States must disqualify persons from operating CMVs, as well as 
impose a lifetime disqualification for persons convicted of an offense 
under 8 U.S.C. 1323 and 1324 related to the transportation of 
undocumented aliens. Although not opposed to the basic requirements of 
the proposed regulations, Tennessee requested clarification of several 
issues. Tennessee asked specifically if a person with disqualifying 
offenses in his/her history would be able to obtain a CLP, or if he/she 
would be required to serve out the disqualification prior to training 
on a CMV. Delaware stated that the Agency should not force States to 
take action on a driver before he/she has full CDL privileges and that 
a driver should be removed from CDLIS if he/she does not convert the 
CLP to a CDL. Oregon commented that full implementation will require 
statutory revision, administrative rule revision and numerous 
procedural revisions, and will place additional stress on limited 
programming resources that are already fully dedicated to projects to 
comply with current and projected Federal regulations. Oregon also 
questions whether CDLIS is capable of handling the CLP holder 
information. Idaho opposed not permitting CLP holders to train during 
the disqualification period. California commented that it would be 
difficult to impose disqualifications on CLP holders. California 
currently has no reliable method of determining whether a driver cited 
for offenses on a non-CDL is a CLP holder for purposes of 
disqualification. The State would have to undertake major programming 
changes to its citation and conviction procedures to accommodate the 
rule change. New York commented that it already disqualifies CLP 
holders for certain non-CMV violations, but that implementing the 
proposed rule would require legislative changes. CVTA opposes the rule 
change because various States treat moving violations involving a non-
CDL license in different ways, and the rules for license suspensions 
vary. CVTA also commented that the rule would impose a retrospective 
evaluation of CLP applicants' records that is not consistent with the 
manner in which SDLAs handle licensing actions. CRST commented that 
States would not be willing to assume the additional responsibility of 
performing background checks.
    FMCSA Response. The proposed CLP disqualification provisions remain 
in the final rule. CLP holders and applicants, like CDL holders and 
applicants, are authorized to drive on public roads. FMCSA believes 
that this rule implements an important safety objective that justifies 
changes to existing State programs. FMCSA does not believe that CLP 
holders and applicants, who generally have less driving experience, 
should be subjected to lower standards than the generally more 
experienced CDL holders and applicants. As for the issue raised by 
Tennessee, the answer is that a person disqualified from operating 
either a non-CMV or a CMV at the time he/she applies for a CLP would be 
required to serve out that disqualification period before receiving a 
CLP. Because the CLP is a two-part license, the underlying non-CDL or 
CDL must be valid at the time the CLP is issued and remain valid in 
order for the CLP to be valid. With regard to Delaware's comment, a 
driver with an expired CLP that is not converted to a CDL can be 
removed from CDLIS if there are no convictions

[[Page 26867]]

for a disqualifying offense under 49 CFR 383.51. If there are 
disqualifying convictions, the rules for retaining these convictions 
must be followed before removal of the driver from CDLIS.
    The purpose of this rule is simply to extend the pre-existing list 
of CDL disqualification offenses to CLP holders. Because the NPRM did 
not contemplate expanding the list of disqualifying offenses, such 
measures are beyond the scope of this rulemaking.
15. Motor Carrier Prohibitions
    FMCSA proposed amending Sec.  383.37 and appendix B to part 385 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.
    Comments. Georgia, Michigan, Advocates, CRST, NADA and a community 
college supported the proposal. AMSA, ATA and CR England opposed the 
assessment of an ``acute violation'' under the Safety Rating Process 
for violations of proposed Sec.  383.37 unless the Agency takes into 
account the number of such violations as compared against the number of 
drivers in a fleet. Otherwise, larger carriers could be unfairly 
penalized on a proportional or violation-per-driver basis. CR England 
and CTA commented that the Agency should implement a program to notify 
a motor carrier when a license has been suspended, downgraded, or 
otherwise adjusted.
    FMCSA Response. The proposed changes remain in the final rule. 
Motor carriers of all sizes bear the same responsibility for ensuring 
that all drivers are qualified to operate CMVs. Even one unlicensed or 
disqualified driver on the roads can present a serious risk to safety. 
Carriers are in the best position to determine that their own drivers 
are properly licensed. Implementation of a central database for 
monitoring and notifying carriers of status changes to CDL holders is 
beyond the scope of this rulemaking.
16. Incorporate CLP-Related Regulatory Guidance Into Regulatory Text
    FMCSA proposed codifying regulatory guidance related to this 
rulemaking and eliminating regulatory guidance made obsolete by the 
changes in this rulemaking. This includes 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 documents). FMCSA proposed to amend 
Sec. Sec.  383.25, 383.73, 383.77, 383.95, 383.113, 383.131, 383.133 
and 383.153.
    Comments. Elgin CC supports the proposal. Michigan and Georgia 
support the proposal so long as the Agency gives opportunity for 
comment. Advocates complained that there was not adequate explanation 
of why certain interpretations were slated for either incorporation 
into the rule text or deletion.
    FMCSA Response. The regulatory guidance proposed to be eliminated 
as obsolete in the NPRM will be eliminated without change in the final 
rule. In the NPRM, the Agency proposed a number of rule changes and 
solicited public comment. The regulatory guidance that will be codified 
in the final rule was explained as part of the rule changes in the 
NPRM. When these changes are implemented, some previously issued 
interpretive statements will no longer be appropriate because (a) they 
will repeat what is newly incorporated in the regulatory text, or (b) 
the new rules will create changes to the CDL program that render the 
old guidance inaccurate. Thus, having already given notice and 
opportunity for comment on the substantive issues as a part of this 
rulemaking proceeding as well as identifying the interpretive 
statements that would be affected by the rule, the Agency does not 
believe that further notice or opportunity for comment on rescinding 
redundant or obsolete guidance is necessary.
    The Agency inadvertently omitted from the NPRM additional 
regulatory guidance that will be rendered redundant and obsolete by the 
final rule. That guidance includes the following interpretations: 
Question 11, interpreting Sec.  383.73 and Questions 2 and 3, 
interpreting Sec.  383.95. In the NPRM, the Agency proposed 
incorporating the substance of Question 11, interpreting Sec.  383.73 
into Sec.  383.73(i), but inadvertently omitted it from the list of 
interpretations that would be rendered redundant by this rule. In 
addition, the Agency proposed changes to Sec.  383.95 that render 
questions 2 and 3 obsolete, but inadvertently omitted that guidance 
from the list of interpretations that would be eliminated as obsolete. 
To avoid any confusion, the Agency will eliminate these interpretations 
in addition to those identified in the NPRM.
17. Incorporate Safe Port Act Provisions
    In response to the requirements of the SAFE Port Act, FMCSA 
proposed to amend Sec. Sec.  383.73 and 383.75, and to add Sec. Sec.  
384.227, 384.228, and 384.229.
a. CDLs Obtained Through Fraud
    FMCSA proposed in Sec.  383.73(k) that States be required to cancel 
or revoke a CDL if the holder has been convicted of fraud related to 
the CDL application or testing process. In addition, where States 
receive credible information that a CLP or CDL holder is suspected, but 
not convicted, of fraud related to the issuance of his/her CLP or CDL, 
the State must require the driver to be re-tested within 30 days.
    Comments. Oregon commented that the term ``suspend'' is more 
appropriate than ``cancel or revoke.'' California commented that the 
term ``cancellation'' was not sufficiently punitive where fraud is 
suspected. California also commented that each State should have the 
flexibility to investigate suspected fraud according to the 
circumstances and that the 30-day re-testing time frame was overly 
restrictive. Illinois requested a definition of ``fraud,'' 
``convicted'' and ``credible information.'' Michigan requested that the 
rule be revised so that States must act within 30 days of notification 
of a conviction of fraud.
    FMCSA Response. In the final rule, FMCSA will remove the terms 
``cancel'' and ``revoke'' and replace them with ``disqualify.'' This 
change is consistent with other parts of the rule: part 383 defines 
``disqualification'' to include, among other things, the suspension, 
revocation or cancellation of a CLP or CDL. FMCSA believes that this 
change will give States the flexibility to manage their programs within 
the parameters of their existing rules.
    In addition, instead of requiring that States re-test drivers 
suspected of fraud within 30 days, the final rule will require the CLP 
or CDL holder, within 30 days of being notified to re-test, to make an 
appointment for and take the test at the next available appointment or 
testing time. This will give States as well as drivers more flexibility 
to schedule re-testing. New Sec.  383.73(k)(1) requires States to 
``have policies in effect which result * * * in the disqualification of 
the CLP or CDL of a person who has been convicted of fraud * * *'' The 
new rules require States to develop policies, but do not specify that 
the disqualification take place within 30 days of the conviction. 
Finally, FMCSA declines to create a special definition of ``fraud,'' 
``convicted'' or ``credible information.''
b. Computer System Controls--Supervisor Involvement
    FMCSA proposed to amend Sec.  383.73(m) to require that only 
supervisory level personnel may continue the CDL or CLP issuance

[[Page 26868]]

process when driver record checks return suspect results.
    Comments. Idaho commented that this requirement is a burden on 
management staff, and that there is no guarantee that fraud or errors 
would be eliminated. Oregon commented that implementation would present 
significant programming challenges and costs. Oregon also commented 
that supervisory personnel may not always be available and that this 
proposal exceeds the intent of the OIG's 2006 Report. Wisconsin 
commented that, under its current system, its non-supervisory employees 
are well-trained on how to handle suspect results. Nebraska commented 
that it has fifteen one-person exam offices and 81 multiple-person 
offices that do not have full-time supervisory personnel on site full-
time. Michigan currently has a two-tiered process that sends all 
suspect results to a separate group of subject matter experts located 
in a separate facility, but noted that they are not, technically, 
supervisory staff. Although Michigan supports the concept of the 
proposed amendment, it believes that its current system achieves the 
intended objective.
    FMCSA Response. In the final rule, FMCSA renumbers this section to 
be Sec.  383.73(n)(2). In addition, in response to comments, FMCSA 
changes this section to require each State to demonstrate that it has a 
plan to prevent and detect fraud when a driver record check returns 
suspect results. FMCSA takes fraud prevention and detection seriously 
and the intent behind the proposed change was for all States to improve 
their standards for fraud prevention and detection. However, FMCSA 
recognizes that many States have developed anti-fraud measures tailored 
to their own systems and that they may combat fraud as well as or 
better than the proposed change. This change allows States more 
flexibility in implementing improved anti-fraud measures.
c. Background Checks
    FMCSA proposed adding new Sec.  384.228 to require background 
checks on all State and third party CDL examiners.
    Comments. Florida commented that this would increase costs without 
corresponding benefit. Oregon questioned whether the proposed rule 
applied to both skills and knowledge test examiners. If it applies to 
both, Oregon commented, this would increase costs. Wisconsin commented 
that it ``fails'' examiners with felony convictions only within the 
past four years, not ten years as proposed in the rule. Delaware 
opposes background checks of staff members with long, credible 
histories of government service and requested a grandfathering 
provision. Missouri questioned whether the proposal requires a 
nationwide or a State-wide background check. For the former, Missouri 
commented that States may vary in the way they define felony and 
fraudulent activity convictions. Missouri further requested special 
consideration for employees who report their convictions in a timely 
manner. Alabama requested information on what constitutes failure of a 
background check. Illinois questioned whether the background check is 
required to be a fingerprint- or a name-based check and commented that 
a fingerprint-based check should be considered sufficient. Minnesota 
currently conducts background checks at the time of hiring and 
requested that the costs of administering the rule be evaluated. 
Michigan requested an exemption if the state has a criminal history 
monitoring system that provides the regulatory agencies with the 
desired information on a more timely basis.
    FMCSA Response. The proposed background check requirement will 
remain in the final rule. This requirement applies to all test 
examiners, including both skills and knowledge test examiners. It also 
leaves the criteria and methods for the criminal background check to 
the States' discretion, so long as they include the minimum criteria 
set forth at Sec.  384.228(j)(2). However, as Sec.  383.228(j) clearly 
contemplates decertifying examiners who fail the test, it does not 
create any exemption for current examiners. Similarly, the rule 
prohibits certification (and requires decertification) of examiners 
with any conviction involving fraudulent activities or any felony 
conviction within the past ten years. Since no exception is made for 
convictions received out-of-State, States are required to conduct 
nationwide criminal background checks. Finally, this rule sets minimum 
standards for background checks. States are free to implement systems 
that provide criminal background checks on a continuing or more 
frequent basis than required under this rule.
    As stated above, FMCSA takes fraud prevention and detection 
seriously. At approximately $60 per background check, FMCSA 
acknowledges that these changes may impose additional financial 
requirements on the States in the short term. However, these changes 
are important to the implementation of uniform national standards 
proposed in this rulemaking docket.
d. Training Requirements for Knowledge and Skills Examiners
    FMCSA proposed adding new Sec.  384.228 to require mandatory 
training standards for all CDL knowledge and skills test examiners.
    Comments. Oregon strongly opposes requiring knowledge examiners to 
undergo the proposed training standards. Missouri commented that 
knowledge and skills examiners require different training and requested 
federal funding to cover costs. Oregon, Missouri and IUOE noted that 
proposed Sec.  384.228(d) requires refresher training every four years, 
but proposed Sec.  384.228(h)(1) appears to require it annually. IUOE 
also commented that the training standards could cause significant 
delays in the administration of CDL examinations. Florida commented 
that refresher training every four years would increase both the costs 
and the complexity of administering the CDL program without a 
corresponding benefit. California supports strengthening the 
certification and training requirements, but feels the proposed rules 
are overly prescriptive. New York suggested requiring refresher 
training every two years instead of annually. Alabama asked the Agency 
to clarify how many hours of training are required. Michigan generally 
opposes the requirement and commented that States should be free to set 
their own standards. B-J School Buses opposes the requirement as 
unnecessary.
    FMCSA Response. In the final rule, FMCSA establishes separate 
training standards for CDL knowledge test examiners and skills test 
examiners. Examiners that only administer standardized knowledge tests 
do not need extensive CDL skills test training. The previously proposed 
paragraphs (b)(1), (2), and (4) through (6) of Sec.  384.228, have been 
redesignated as Sec.  384.228(d), which now applies to skills test 
examiners. The previously proposed paragraphs (b)(1) through (3) of 
Sec.  384.228, have been redesignated as Sec.  384.228(c), which now 
applies to examiners who administer the knowledge test only. This 
change will allow for a more efficient allocation of State resources. 
In addition, FMCSA has corrected the discrepancy between proposed 
Sec. Sec.  384.228(d) and 384.228(h)(1) by amending Sec.  383.228(f) to 
reflect that refresher training is required once every four years.
    A number of changes in this rule are intended to promote national 
uniformity. In order to achieve that goal, all States must achieve 
consistent standards. Ensuring the continued qualifications of 
knowledge and skills

[[Page 26869]]

test examiners is a critical part of achieving uniform national 
standards. Although certain States may experience some additional 
burdens in the short-term, FMCSA's goal is to improve the quality of 
testing standards over the long-term.
e. Minimum Number of Tests Conducted (Minimum Skills Tests for Testers 
and Examiners)
    FMCSA proposed adding new Sec.  384.228 to require that each 
company (tester) with a contract to perform third party testing would 
be decertified if it did not conduct at least 50 skills test 
examinations per calendar year and that each individual examiner's 
authority would be revoked if he/she did not conduct at least 10 skills 
test examinations per year.
    Comments. Michigan agrees that testers and examiners should be 
required to conduct a minimum number of tests per year, but thinks that 
each State should be able to set its own standards. Ten States 
commented that the proposed requirement would be very difficult to 
achieve, potentially putting third party testers out of business and 
increasing the burden on State testers. Most of the 10 States recognize 
the need to maintain skills, but do not support these minimum 
requirements. Oregon, Oklahoma and Minnesota objected to annual 
examination minimums for testers, but do not object to minimums for 
individual examiners. Wisconsin comments that its examiners are 
currently required to perform at least 12 tests per year, but that many 
testers cannot meet the 50-test minimum. South Carolina objected to the 
10-test minimum because it has an annual evaluation system for 
examiners to make sure examiners maintain skills. Nebraska commented 
that a significant number of its testers and examiners would not be 
able to meet the minimums. Florida prefers its own system which 
requires a minimum of one test for testers and six for examiners. 
California objected to the focus on quantitative as opposed to 
qualitative qualifications. Missouri, three school districts, one 
school bus company and NTSA were concerned that the proposed rule would 
affect school districts or school bus contractors that test only their 
own employees. IUOE complained that the proposed rule does not take 
into account the diversity of circumstances across regions and 
industries.
    FMCSA Response. After considering these comments, FMCSA has made 
the following changes to the final rule: (a) Examiners who do not meet 
the 10-test minimum must either take refresher training or have a State 
examiner ride along to observe the third party examiner administer a 
skills test in order to maintain certification; and (b) the 50 tests 
per year minimum for testers is eliminated. The final rule will thus 
focus on the examiners' skills, which is the intent of the rule, and 
will not penalize small third party testers. It also provides an 
alternative for small, rural or in-house examiners who conduct fewer 
than 10 tests per year.
f. Third Party Testing (Annual Inspection; Advance Scheduling of Tests; 
Separation of Training and Testing Functions)
    FMCSA proposed amending Sec.  383.75 to require States to conduct 
an annual on-site inspection of each third party test site and to 
require that each third party tester submit a weekly schedule of skills 
test appointments no later than the last business day of the prior 
week.
    Comments. Schneider generally supports the proposed rule. With 
respect to the annual inspection requirement, Oregon and Michigan 
objected to an annual inspection of every site at which third party 
testers administer skills tests, saying that this would be burdensome.
    Five States commented on the submission of weekly schedules. All 
had concerns over the additional administrative and logistical burden 
that this requirement would create. Oregon, California, two carriers, 
two associations and an advocacy group all objected to the requirement 
that third party testers submit their schedules to the State a week in 
advance, on the grounds that it does not provide sufficient flexibility 
for scheduling. Minnesota commented that the proposed requirement is 
not compatible with the existing system, would interfere with its 
ability to plan its testing schedule efficiently and would require 
administrative rules for implementation. Nebraska commented that many 
drivers cannot schedule their tests a week in advance and that the 
proposed rule would place a burden on state examiners, shifting 
applicants away from third party testers. Florida complained that it 
would increase its administrative burden unnecessarily because it 
already has an effective fraud detection program and does not need any 
advance notice of test scheduling.
    Oregon and OOIDA recommended prohibiting third party testers (for 
example, commercial driver training schools) from testing CDL 
applicants trained by that tester.
    FMCSA Response. In consideration of these comments, FMCSA has made 
the following changes to the final rule:
    Each third party tester (not testing site) is required to be 
inspected once every two years. Annual inspection of every testing site 
would be impractical and overly burdensome because many third party 
testers administer skills tests at a variety of different sites. Also, 
some third party testers may not have tests scheduled regularly 
throughout the year, making it difficult to schedule annual 
inspections.
    Each third party tester must submit a schedule of CDL skills test 
appointments no later than two business days in advance of 
administering the test. Many testing sites do not have their weekly 
schedules fixed by the end of the prior week, so a two-business-day 
notification will give third party testers more flexibility in 
scheduling tests.
    Third party skills examiners are prohibited from administering 
skills tests to applicants they skill-train. A conflict of interest may 
arise when a trainer at a commercial training school is also a State-
certified skills test examiner. In order to reduce both the opportunity 
for fraud and unintended bias in skills testing, the rule prohibits 
third party skills testers from administering skills tests to 
applicants their training school skill-trains. However, FMCSA has 
provided an exception to this prohibition when the nearest alternative 
third party tester or State skills testing facility is over 50 miles 
from the training school.
g. Third Party Bond Requirements
    FMCSA proposed to amend Sec.  383.75 to require that third party 
testers maintain bonds in an amount sufficient to pay for re-testing 
drivers in the event the examiners are involved in fraudulent 
activities related to skills testing.
    Comments. South Carolina commented that it evaluates its third 
party testers extensively, and that the additional bond requirement may 
drive participants from the program. Florida currently has a bond 
requirement that covers reimbursement to the State and to individual 
drivers and is concerned that the language of the rule restricts it 
from reimbursing individual drivers. California recommended that the 
regulations provide an exemption from the bond requirement for 
governmental or quasi-government agencies such as public utilities and 
transit authorities that participate in a State's third party testing 
program. Illinois commented that the bond requirement would be 
burdensome in the current economic environment and may cause a 
reduction

[[Page 26870]]

in the number of third parties that participate in its program. IUOE 
opposes the requirement and commented that FMCSA has not provided any 
evidence that fraud is a problem in third party testing.
    FMCSA Response. The bond requirement remains as proposed in the 
final rule. FMCSA is aware of a number of third party testers whose 
examiners have been engaging in fraudulent activities. As a result, a 
number of CDL holders were required to be re-tested, causing States and 
individuals to incur additional expenses. The bond requirement will 
provide States and individuals an opportunity to recoup these expenses. 
This requirement does not prohibit States from providing for recovery 
of costs for individual drivers. Finally, if a tester is properly 
characterized as a third party examiner, as opposed to a State 
examiner, this requirement applies nevertheless.
18. Other Issues Related to Fraud Prevention
a. Black and White Photograph
    FMCSA proposed amending Sec.  383.153 and adding new Sec.  384.227 
to require that the photograph or digitized image that is placed on the 
CDL and now recorded as a part of the driver history continue to be 
captured in color.
    Comments. Virginia wants to use black and white laser engraved 
technology and claims it is equally as secure or more secure than color 
photographs or digital images.
    FMCSA Response. The final rule permits black and white laser 
engraved images in addition to color photographs and digital images. 
Today's black and white laser engraved technology is just as secure 
against alteration as color photography or digital images, and perhaps 
more secure. Further, in the REAL ID rule published on January 29, 
2008, DHS approved black and white laser engraved technology as an 
alternative to color photographs. FMCSA has already acknowledged the 
acceptability of black and white laser engraved images by granting 
Virginia a two-year exemption from the prohibition on using black and 
white laser engraved images on March 9, 2009, and by permitting it to 
use such photos in lieu of color photographs on CDLs.
b. Check Photograph on File
    FMCSA proposed adding new Sec.  384.227 to require that States 
record the digital color image or photograph that is captured as a part 
of the application process and include it as a part of the driver 
history. FMCSA also proposed that States be required to check the 
photograph or digital image they must maintain on file for every CDL or 
CLP holder against the applicant in person whenever the CDL or CLP is 
renewed, upgraded or transferred and when a duplicate is issued.
    Comments. Missouri commented that retaining a digital photo of 
every CLP and CDL applicant could result in increased costs. California 
objected to comparing the applicant's photo to the person because it 
would require the applicant to appear in person at the field office and 
would eliminate the option of processing a CDL renewal application by 
mail or Internet.
    FMCSA Response. FMCSA has decided that the final rule will require 
States to check the photograph on file against the applicant in person 
only when the applicant appears in person. This will allow for 
processing by mail, and will lessen the burden of compliance on the 
States. The final rule will include the requirement that a digital 
color image or photograph or black and white laser engraved photograph 
be kept on file. FMCSA believes that this is an important measure to 
combat fraud. However, in accordance with Sec.  383.153(b)(1) of the 
final rule, which prohibits States from placing a photo or other image 
on the CLP, States will not be required to capture a photograph, 
digital image or other representation of the applicant during the CLP 
application process. Instead, States are required to check the 
photograph or digital image on record against the CLP applicant when 
he/she appears in person. To the extent that there is no photograph or 
digital image on record to make sure the person on the license and the 
applicant are the same, States are to check the photograph or image on 
the base-license against the CLP applicant when he/she appears in 
person.
c. Two Staff Members Verify Test Scores and Other Documents
    FMCSA proposed amending Sec.  383.73(m) to require that two DMV 
staff members verify CLP and CDL applicants' test scores and completed 
application forms and documents to prove legal presence.
    Comments. Delaware, Nebraska, North Dakota, Tennessee, Texas, 
Washington, Wisconsin and South Dakota all made similar comments 
complaining that the proposed change would be time-consuming and 
expensive and would disrupt current licensing systems in remote areas, 
resulting in closures of SDLA offices or other inconveniences for 
States and drivers. Texas also commented that FMCSA should give States 
the discretion to conduct documentation reviews either before or after 
issuance of the license. Michigan complained that the proposal was 
vague and unmanageable, without further explanation. Farris Brothers 
expressed concern about the impact of the proposed rule on rural 
communities.
    FMCSA Response. In the final rule the FMCSA has provided an 
exception for DMV offices with only one staff member on duty. In such 
cases the documents must be verified by a supervisor before issuance 
or, when the supervisor is not available, copies must be made of the 
documents used to prove legal presence and domicile for a supervisor to 
verify along with the completed application form within one business 
day of issuance of a CLP or CDL. This change will provide protection 
against the risk of applicants presenting fraudulent documents, without 
affecting States' ability to maintain one-person satellite DMV offices 
to serve applicants in remote locations. This provision may involve 
some costs to States by increasing the amount of time and resources 
required to process CDLs. The requirement does not mean that two SDLA 
employees must each go through the entire CDL issuance process for a 
particular driver-applicant. For example, one person might review the 
legal presence and other documentation the driver presents, while a 
second SDLA employee would conduct the required driving record check 
for driving violations, take the applicant's photograph and issue the 
license. This splitting of driver processing may take additional time, 
but it will not double either the time or effort needed to issue a CDL.
19. Miscellaneous Comments
a. Applicability to Agricultural Sector
    Comments. Several commenters raised questions about the rule's 
applicability to the agricultural segment of the industry. Five 
agricultural entities asked for an agricultural exemption from the 
rule.
    FMCSA Response. Many agricultural operations are exempt from the 
current CDL regulations, as well as the proposed rule. This rule does 
not affect any of these current agricultural exemptions. The request by 
farm suppliers for exemption from all CDL rules is beyond the scope of 
the NPRM.
b. Relation to REAL ID
    Comments. New York commented that it has not decided whether to 
implement REAL ID and objects to any requirement that would force the 
State to do so through its CDL program.

[[Page 26871]]

California, Pennsylvania and Missouri commented that if FMCSA adopted 
REAL ID as a standard for the CDL program, it would essentially convert 
a voluntary Federal program into a mandatory one. Texas commented that 
if FMCSA ties its CDL rules to REAL ID, States that decide not to adopt 
REAL ID will refuse to comply with CDL rules. Conversely, Michigan 
encourages FMCSA to link the two rules.
    FMCSA Response. FMCSA expressly declines to require States to adopt 
REAL ID in whole or in part. However, FMCSA has taken care not to 
implement any rules that conflict with REAL ID. Where FMCSA has 
implemented certain elements of the CDL program that contain provisions 
similar or identical to those of REAL ID, it does so on an independent 
basis driven by safety considerations, congressional mandate, OIG 
recommendations and general principles of fraud prevention.
c. Domicile
    Comments. A number of commenters objected to FMCSA's use of the 
State of domicile as the only jurisdiction for licensure. Many 
suggested amending this requirement to permit licensure in the State of 
residency.
    FMCSA Response. Congress mandated that the State of licensure for 
CDLs be the State of domicile. As this is a statutory requirement, 
FMCSA does not have the authority to make the requested changes.
d. State Compliance Issues
    Comments. ATA commented that States may not have the resources to 
implement the new requirements of this rule in addition to others FMCSA 
has indicated it will promulgate such as the Medical Certification as 
Part of the CDL and Entry Level Driver Training. ATA opposes 
implementation of this rule until FMCSA can demonstrate that the States 
are consistently showing substantial compliance with the pre-existing 
CDL program rules. Rather than adoption of new rules, ATA suggests that 
the Agency should focus on enforcement actions against non-compliant 
States under existing CDL rules.
    FMCSA Response. FMCSA disagrees with ATA's position. The creation 
of a uniform, national CDL program is an important safety objective 
that is designed to facilitate improved safety performance and reduce 
instances of fraud. Many of these program features are mandated by 
Congress, recommended by the OIG or both. FMCSA believes that 
implementation of these rules in conjunction with improved enforcement 
activities will greatly enhance the effectiveness of the CDL program.

IV. Changes to the Proposed Rule in This Final Rule

    This final rule makes the following changes to the NPRM, consistent 
with the discussion of public comments in this preamble, and as further 
explained below.

Changes To Conform Rule With Medical Certification Final Rule

    The NPRM for this final rule was published on April 9, 2008 (73 FR 
18272). On December 1, 2008, FMCSA published a final rule to 
incorporate certain medical certification requirements into the CDL 
process (73 FR 73096). The medical certification final rule made 
changes to many of the CFR sections that are affected by this final 
rule. Therefore the rule language that was proposed has been updated to 
include those amendments made on December 1, 2008, so that today's 
amendments make changes to the current rule language. The sections that 
were updated for this purpose are Sec. Sec.  383.71, 383.73, 384.206, 
384.225, 384.226, and 384.301.

Terminology Changes Throughout

    The final rule removes the terms ``suspension,'' ``cancellation,'' 
and ``revocation,'' in reference to CDLs and CLPs, and replaces them 
with the term ``disqualification.'' See ``CDLs obtained through fraud'' 
in the discussion of comments above for an explanation of this change.
    The final rule replaces ``nonresident'' CDLs and CLPs with ``Non-
domiciled'' CDLs and CLPs in accordance with the definition change at 
Sec.  383.5. See ``Nonresident CDL'' in the discussion of comments 
above for an explanation of this change.
    The final rule abbreviates ``commercial driver's license'' with CDL 
and ``commercial learner's permit'' with CLP where appropriate.

Part 383--Commercial Driver's License Standards; Requirements and 
Penalties

    Section 383.5. The final rule changes the proposed rule by adding a 
definition for ``manual transmission'' and by changing ``nonresident 
CLP or CDL'' to ``Non-domiciled CLP or CDL.'' See ``Automatic 
transmission restriction,'' ``Definition of tank vehicle,'' and 
``Nonresident CDL'' in the discussion of comments above for an 
explanation of these changes.
    Section 383.9. The final rule does not adopt this section. See 
``Incorporate by reference AAMVA 2005 CDL Test System'' in the 
discussion of comments above for an explanation of this change.
    Section 383.23. The final rule changes paragraph (a) to clarify 
that the driving tests in question are for a CLP or CDL.
    Section 383.25. The final rule changes paragraph (a)(5) by adding 
subparagraphs (i)-(iv) to allow for a school bus (S) endorsement or a 
tank vehicle (N) endorsement, under certain circumstances. These 
subparagraphs also clarify that test examiners, other trainees, or the 
CDL holder accompanying the CLP holder are not considered passengers 
with respect to the prohibition of a CLP holder operating a CMV 
carrying passengers. See ``10. LIMIT ENDORSEMENTS ON CLP TO PASSENGER 
(P) ONLY'' in the discussion of comments above for an explanation of 
these changes. Paragraph (d) is changed to clarify that a CDL holder 
seeking an upgrade of his/her CDL needs a CLP only if the upgrade 
requires a skills test. See ``CLP prerequisite for CDL'' in the 
discussion of comments above for an explanation of this change.
    Table 2 in Section 383.51(c). Our review of the 2008 NPRM (73 FR 
19282, 19303), revealed that we made an inadvertent omission with 
respect to Table 2 to Sec.  383.51, in two instances. The headings for 
columns 2 and 4 should conclude with the phrase: ``, if the conviction 
results in the revocation, cancellation, or suspension of the CLP or 
CDL holder's license or non-CMV driving privileges,'' as they do in the 
current regulations. This does not create any changes to Sec.  
383.51(c), Table 2, and merely corrects a typographical error made in 
the NPRM. As background information, FMCSA published a final rule that 
implemented the sanctions containing the phrase on January 29, 2003 (68 
FR 4394).
    Section 383.71. The final rule changes paragraph (a)(8) to reflect 
the addition of S and N to the list of endorsements available to CLP 
holders. Changes to paragraph (b)(9), Table 1, reflect the updated list 
of documents that are acceptable to show legal status for a CDL or CLP. 
See ``Required forms/documents'' in the discussion of comments above 
for an explanation of this change. The final rule changes paragraph 
(b)(10) to require the applicant to present two documents, instead of 
one, to establish domicile. Paragraph (f) is changed to clarify that 
requirements for obtaining Non-domiciled CDLs also apply to Non-
domiciled CLPs. Subparagraph (f)(2)(i) sets forth the updated list of 
documents that are acceptable to show legal status for a Non-domiciled 
CDL or CLP.

[[Page 26872]]

    Section 383.73. The final rule changes paragraph (a)(3) to extend a 
CLP's renewal period to 180 days. For an explanation of this change, 
see ``Initial validity and renewal periods for a CLP'' in the 
discussion of comments above. Changes to paragraph (a)(4) reflect the 
addition of S and N to the list of endorsements available to CLP 
holders. The addition of paragraph (c)(9) makes clear that the initial 
validity period of any CDL transferred from another jurisdiction must 
also be limited to eight years. The addition of paragraph (e)(9) makes 
clear that the initial validity period of any CDL that is upgraded is 
limited to eight years. Paragraph (f) is changed to clarify that 
requirements for issuing Non-domiciled CDLs also apply to Non-domiciled 
CLPs. Changes to paragraph (h)(1) remove the requirement that the State 
must mail a CDL or CLP to an applicant. See ``Mailing of initial 
license'' in the discussion of comments above for an explanation of 
this change. Changes to paragraph (k)(2) remove the requirement that 
the State must re-test a suspect driver within 30 days of notifying the 
driver, and replace it with a requirement that, within 30 days of 
notification, the driver make an appointment for re-testing for the 
next available appointment. See ``CDLs obtained through fraud'' in the 
discussion of comments above for an explanation of this change. Changes 
to paragraph (m) provide an exception to the rule that two persons 
check and verify all documents. See ``Two staff members verify test 
scores and other documents'' in the discussion of comments above for an 
explanation of this change.
    Section 383.75. The final rule changes paragraphs (a)(2) and (a)(5) 
to provide that States must conduct inspections and oversight of third 
party testers and examiners once every 2 years, instead of annually. 
Changes to paragraph (a)(7) specify that a third party skills tester 
that is also a driver training school may not administer skills tests 
to applicants who were trained by that training school. An exception is 
provided when the nearest alternative third party tester or State 
skills testing facility is over 50 miles from the training school. 
Changes to paragraph (a)(8)(ii) clarify its application to skills test 
examiners. Changes to paragraph (a)(8)(viii) require that third party 
testers must submit a schedule of upcoming CDL skills test appointments 
to the State at least two business days before each test, instead of a 
week in advance. See ``Third party testing (annual inspection; advance 
scheduling of tests; separation of training and testing functions)'' in 
the discussion of comments above for an explanation of these changes. 
The final rule changes eliminate paragraph (c)(1), removing the 
requirement that each third party tester must conduct at least 50 
skills tests per calendar year. Changes to paragraph (c)(2) provide an 
alternative for skills test examiners who cannot meet the requirement 
to conduct at least 10 skills test examinations per year. See ``Minimum 
number of tests conducted (minimum skills tests for testers and 
examiners)'' in the discussion of comments above for an explanation of 
these changes.
    Section 383.93. The final rule changes paragraph (a) to allow for 
the school bus (S) and tank vehicle (N) endorsements. See ``10. LIMIT 
ENDORSEMENTS ON CLP TO PASSENGER (P) ONLY'' in the discussion of 
comments above for an explanation of these changes.
    Section 383.95. The final rule changes paragraph (c)(2) to reflect 
the definition of ``manual transmission'' added to Sec.  383.5. See 
``Automatic transmission restriction'' in the discussion of comments 
above for an explanation of this change. Paragraph (g) is removed 
because it duplicates text that appears in Sec.  383.25(a)(5).
    Section 383.131. The final rule changes paragraphs (a) and (b) to 
require States to use an FMCSA pre-approved State Testing System. To be 
approved by FMCSA, the State Testing System must be comparable to 
AAMVA's ``2005 CDL Test System (July 2010 Version),'' which FMCSA 
approves in this rule and will provide to all State Driver Licensing 
Agencies. Paragraph (c) is moved from this section to Sec.  383.135(c).
    Section 383.133. The final rule changes paragraph (b) to require 
the States to use a pool of test questions, pre-approved by FMCSA, to 
develop knowledge tests for each vehicle group and endorsement. The 
pool of questions must be comparable to those in AAMVA's ``2005 CDL 
Test System (July 2010 Version) 2005 Test Item Summary Forms,'' which 
FMCSA approves in this rule and will provide to all State Driver 
Licensing Agencies. Changes to paragraph (c)(5) clarify that examiners 
may interact with applicants only in English during the skills test. 
See ``11. METHODS OF ADMINISTERING CDL TESTS'' in the discussion of 
comments above for an explanation of this change. Changes to paragraph 
(c)(6) concern the provision in the proposed rule that prohibits the 
practice of banking skills test scores. See ``Skills test banking 
prohibition'' in the discussion of comments above for an explanation of 
this change. New subparagraph (c)(6)(iii) specifies that an applicant 
may only bank test scores during the initial validity period of the 
CLP. Paragraph (d) is removed because it duplicates Sec.  383.113(c).
    Section 383.135. The final rule changes paragraph (b)(2) to reflect 
the changes in Sec.  383.131(a) and (b). Paragraph (c) is moved from 
Sec.  383.131(c).
    Section 383.153. The final rule changes paragraph (a)(4) to allow 
States to use black and white engraved photographs on a CDL, as well as 
color photographs or images. See ``Black and white photograph'' in the 
discussion of comments above for an explanation of this change. Changes 
to paragraph (a)(10) clarify the new restriction codes. See ``Uniform 
endorsement codes'' in the discussion of comments above for an 
explanation of this change. Proposed subparagraph (a)(10)(viii), which 
is related to exceptions to the CDL and CLP rules is removed because it 
duplicates text added in accordance with the Medical Certification 
rule. New subparagraph (a)(10)(viii) adds code V for medical variance. 
The final rule reverses proposed paragraph (b) by forbidding the 
inclusion of a photograph or image of the driver on the CLP, instead of 
requiring the CLP to include this. See ``No photograph on CLP '' in the 
discussion of comments above for an explanation of this change. Changes 
to paragraph (b)(viii) reflect the changes to the endorsements and 
restrictions applicable to CLPs that are established elsewhere in the 
final rule.

Part 384--State Compliance With Commercial Driver's License Program

    Section 384.201. The final rule provides State Driver Licensing 
Agencies contact information to obtain a copy of the FMCSA-approved 
AAMVA 2005 CDL Test System (Version July 2010).
    Section 384.217. The final rule clarifies that disqualification 
offenses are applicable to CLP as well as CDL holders.
    Section 384.227. The final rule changes paragraph (a) to permit 
States to use black and white engraved photographs, as well as color 
photographs or images, for recording the information. Changes to 
paragraph (b) require States to check the photograph or image whenever 
the CLP or CDL is renewed, upgraded, or transferred, or when a 
duplicate is issued, only when the applicant appears in person. See 
``Black and white photograph'' and ``Check photograph on file'' in the 
discussion of comments above for an explanation of these changes.
    Section 384.228. The final rule changes this section to split the 
training requirements into separate standards for

[[Page 26873]]

knowledge test examiners and skills test examiners. See ``Training 
requirements for knowledge and skills examiners'' in the discussion of 
comments above for an explanation of this change.
    Section 384.229. The final rule changes paragraph (a) to require 
unannounced on-site inspections once every two years instead of 
annually. For testers and examiners who are granted the training and 
skills testing exception under section 383.75(a)(7), the inspections 
will be annual. The covert and overt monitoring of these excepted 
testers and examiners in paragraph (b) will be annual. This provision 
is included to help reduce the opportunity for fraud.

Part 385--Safety Fitness Procedures

    The proposals for part 385 are adopted without change in the final 
rule.

V. Regulatory Analyses and Notices

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

    The final rule regulatory evaluation estimates the benefits and 
costs associated with revisions to the Agency's CDL knowledge and 
skills testing standards. This section of the preamble summarizes the 
findings of that analysis. For full details the reader is referred to 
the Regulatory Evaluation contained in the docket. The measures 
incorporated into this rule are intended to reduce fraud, improve 
safety, and facilitate entrance into the CMV driver occupation. Many of 
the provisions of this rule impose minimal costs on the States or 
industry members, either because many States are already complying with 
the requirements contained in this rule, or because the requirements 
have minimal impact on the SDLA or industry operations or procedures. 
We estimate the following provisions to be of minimal significance: 
Strengthening the legal presence requirements; Social Security number 
verification; surrender of the CLP, CDL, and non-CDL documents; 
establishing maximum issuance and renewal periods for the CLP and CDL; 
establishing a minimum age for CLP; limiting endorsements on the CLP to 
passenger, school bus, or tanker only; implementing new standardized 
endorsement and restriction codes; implementing motor carrier 
prohibitions; and incorporating regulatory guidance into text. The 
other provisions in this rule have greater cost implications and 
include: Minimum standards for issuing a CLP; previous driving offenses 
by a CLP holder; requirements for out-of-State CDL testing; reciprocal 
State recognition of CLPs; updating Federal knowledge and skills test 
standards; and incorporating the SAFE Port Act provisions.
    Many of the requirements implemented by this rule impact the States 
by requiring extra steps to process CLPs and CDLs. These include: 
Recording CLPs on CDLIS and making the CLP a tamperproof document 
(under minimum uniform standards for issuing CLPs); checking for 
previous driving offenses by CLP/CDL holders (which would require an 
additional search of PDPS records); and implementing one provision of 
the SAFE Port Act requirements that involves the processing of CDLs and 
CLPs. We estimate that these provisions, taken together, will add 10 
minutes to the amount of time it takes a State to process a license 
document. It will cost an additional $1.40 per CLP for tamperproofing, 
plus an additional $1 cost for each CLP placed on CDLIS that is not 
eventually converted into a CDL. This $1 fee is an annual per-record 
fee charged by the AAMVA for maintaining the CDLIS. Taking all of these 
costs together, the estimated cost of these provisions is $2.97 million 
annually.
    FMCSA estimates that those provisions of the SAFE Port Act which 
require training programs and covert monitoring of skills test 
examiners will result in additional costs to the States. We estimate 
that the annual cost of these training requirements vary between $1.35 
million to $1.74 million.
    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, we budgeted $400,000 per State for the IT system development and 
upgrades that are 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 aggregated in one column. As can be 
seen, the discounted total cost of these provisions varies between 
$13.2 and $35.3 million per year. The 10 year cost of this rule is 
estimated at $156.5 million, or $122.9 million discounted at 7 percent.

                                                                 Table 1--Costs of Rule
                                                                     [In thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Year 1       Year 2       Year 3       Year 4       Year 5    Years 6--10     Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDL Processing...............................................       $2,965       $2,965       $2,965       $2,965       $2,965      $14,827      $29,654
Skills Test Training.........................................        1,740            0            0            0        1,354        1,354        4,448
Driver Travel and Lost Wages.................................       10,200       10,200       10,200       10,200       10,200       51,000      102,000
IT Upgrades..................................................       20,400            0            0            0            0            0       20,400
                                                              ------------------------------------------------------------------------------------------
    Total....................................................       35,306       13,165       13,165       13,165       14,519       67,181      156,502
    Total, 7 percent discount................................       35,306       12,304       11,499       10,747       11,077       41,970      122,902
--------------------------------------------------------------------------------------------------------------------------------------------------------

Safety Benefits

    Although it is difficult to fully quantify the safety benefits of 
this rule, the Agency believes that reducing fraud in the CDL system 
will improve safety on public roads. We estimated monetized safety 
benefits of the rule at the NPRM stage. Although some commenters 
expressed doubt that the provisions of the rule would in fact reduce 
fraud, no commenters took issue with our assertion that drivers who 
obtain CDLs fraudulently are likely to pose a public safety risk when 
compared to drivers who legitimately pass the CDL skills test. Drivers 
who obtain CDLs fraudulently either lack the skills or knowledge to 
pass the CDL skills or knowledge test, or have some other reason (such 
as plans to engage in criminal activity) for concealing their true 
identity. The Agency believes that drivers who have fraudulently 
obtained CDLs are significantly more dangerous to the public than those 
who obtain CDLs properly. Fraudulent CDL holders have failed to 
demonstrate that they can control their vehicle properly, and hence 
pose an increased safety risk. We have estimated that the annual 
discounted safety benefits of this rule vary approximately between 
$10.5-$57.2 million. Total 10 year net benefits are approximately 
$267.8 million.

[[Page 26874]]

Regulatory Flexibility Act
    The Regulatory Flexibility Act requires Federal agencies to take 
small businesses' particular concerns into account when developing, 
writing, publicizing, promulgating and enforcing regulations. To 
achieve this, the Act requires that agencies detail how they have met 
these concerns, by including a Regulatory Flexibility Analysis (RFA), 
which includes the following five elements:
    (1) A succinct statement of the need for and objectives of the 
rule;
    (2) A summary of the significant issues raised during public 
comments in response to the initial regulatory flexibility analysis, a 
summary of the Agency's assessment of such issues, and a statement of 
any changes made in the proposed rule as a result of such comments;
    (3) A description and, where feasible, an estimate of the number of 
small entities to which the rule applies;
    (4) A description of the reporting, recordkeeping, and other 
compliance requirements of the rule, including an estimate of the 
classes of small entities which are subject to the requirements and the 
type of professional skills necessary for preparation of the report or 
record;
    (5) A description of the steps the agency has taken to minimize the 
significant economic impacts on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy and legal reasons for selecting the alternative adopted 
in the final rule, and the reasons for rejecting each of the other 
significant alternatives.

A discussion of these requirements follows.
    (1) A succinct statement of the need for and objectives of the 
rule.
    This action is being taken in response to OIG recommendations for 
preventing fraud in the CDL system. In at least one case, a driver who 
obtained a CDL fraudulently has been involved in a fatal crash. The 
SAFE Ports Act requires the Agency to adopt the OIG recommendations for 
combating fraud in the CDL system, and this rule fulfills that mandate. 
In addition, the current domicile requirement poses a potential barrier 
to entry to the CMV driver occupation. The changes in this rule enable 
drivers to choose the most convenient, cost-effective training option 
available to them regardless of whether it is in their State of 
domicile.
    The objectives of this rule are to improve public safety by 
preventing fraud in the CLP/CDL licensing system, to standardize 
testing and CLP and CDL issuance across the States, and to facilitate 
the ability of drivers to seek the most convenient, cost effective 
training, thereby facilitating entry into the CMV driver occupation. 
This rulemaking is based on the broad authority of the Commercial Motor 
Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. L. 99-570, 100 
Stat. 3207-170, codified at 49 U.S.C. chapter 313), the Motor Carrier 
Safety Act of 1984 (MCSA) (Title II of Pub. L. 98-554, 98 Stat. 2832, 
codified at 49 U.S.C. 31136), and the safety provisions of the Motor 
Carrier Act of 1935 (MCA) (Chapter 498, 49 Stat. 543, codified at 49 
U.S.C. 31502). It is also based on the specific directives of 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, codified at 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).
    (2) A summary of the significant issues raised during public 
comments in response to the initial regulatory flexibility analysis, a 
summary of the Agency's assessment of such issues, and a statement of 
any changes made in the proposed rule as a result of such comments.
    The Agency did not receive any comments on the initial regulatory 
flexibility analysis.
    (3) A description and, where feasible, an estimate of the number of 
small entities to which the rule applies.
    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA considered the effects of this regulatory action on small 
entities, as defined by the U.S. Small Business Administration's 
(SBA's) Office of Size Standards.
    SBA regulations (13 CFR part 121) require Federal agencies to 
analyze the impact of proposed and final rules on small entities. The 
regulations define a ``small entity'' in the motor carrier industry by 
average annual receipts, which are currently set at $25.5 million per 
firm. FMCSA has used data on revenue generated per power unit to 
determine that a carrier with approximately 145 power units would 
exceed the small business revenue level set by the SBA. Ninety-nine 
percent of motor carriers have fewer than 145 power units, and 
therefore could be expected to fall under the SBA's definition of a 
small business for this industry, with annual receipts of less than 
$25.5 million.
    A recent (June 2010) data query of the Agency's MCMIS database 
indicates a total of approximately 498,465 active interstate motor 
carriers. This number includes both for-hire and private carriers, and 
includes some intrastate drivers as well as interstate drivers, because 
some interstate motor carriers conduct intrastate operations, and 
employ both types of drivers. For the purposes of this analysis, we 
rounded this figure up to the nearest 5,000, to thus 500,000 active 
motor carriers. A lack of activity is defined as carriers that have not 
had a crash, roadside vehicle or driver inspection, or compliance 
review, or have not updated their MCS-150 form in the past three years. 
Approximately 99 percent of these carriers are estimated to be small 
businesses as defined by the SBA, or approximately 495,000 currently 
active motor carriers (500,000 x 0.99 = 495,000).
    While this rule applies to drivers and does not affect motor 
carriers directly, owner-operators would be directly affected by the 
new driver licensing requirements because in these businesses the owner 
and driver are the same person. As a result, any regulations that 
affect the driver affect the small business owner as well. According to 
Professor Lafontaine of the University of Michigan, there are 
approximately 300,000 owner-operators currently in business in the 
U.S.\3\ In a recent report for the ATA, Global Insight estimated a 
similar number of owner-operators.\4\ As of May 2008, our MCMIS 
database shows approximately 340,000 owner-operators.
---------------------------------------------------------------------------

    \3\ Francine Lafontaine, Incentive Contracting in Practice: A 
Detailed Look at Owner Operator Leases in the US Truckload Trucking 
Industry, Working Paper, June 2000, available at: http://webuser.bus.umich.edu/Departments/BusEcon/research/workingpapers.html#lafontaine.
    \4\ Global Insight, The U.S. Truck Driver Shortage: Analysis and 
Forecasts, Prepared for ATA, May 2005, available at http://www.truckline.com/NR/rdonlyres/E2E789CF-F308-463F-8831-0F7E283A0218/0/ATADriverShortageStudy05.pdf.
---------------------------------------------------------------------------

    The Agency believes that all owner-operators would qualify as small 
businesses under the SBA's definition. This rule would therefore apply 
to approximately 340,000 owner-operator firms. These firms would have 
to supply more extensive proof of legal presence under this rule, but 
otherwise would not be affected greatly by additional reporting or 
recordkeeping requirements. This extra documentation would require 
extra time spent at SDLAs every time a driver sought a new license or 
permit, license transfer, or upgrade. In the regulatory evaluation, the 
opportunity cost of this time was estimated to be $18.62 per hour per 
driver. It is estimated that approximately 10 extra minutes would

[[Page 26875]]

be required to obtain a CDL, and that the value of this extra time 
would therefore be $3.10 per driver obtaining a CDL ($18.62 x 10/60 = 
$3.10). Given that few owner-operators would have to obtain a CDL in 
any particular year, and the low cost involved, this rule has been 
deemed by the Agency not to have a significant impact on small trucking 
companies.
    Third party skills test examiners would also be affected by this 
rule. These examiners would undergo periodic covert monitoring, but 
assuming they are administering the skills test properly, this 
monitoring would be costless 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 U.S. Most of these 
skills testing organizations are also motor carriers, educational 
institutions, or municipalities that train their own drivers. For most 
skills-testers, the revenue generated by offering skills testing is a 
small portion of the total revenue generated by the business. 
Information on these organizations is difficult to obtain, but the 
Agency is aware that 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 at least 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. The Agency believes that each 
skills test examiner organization would have between 1 and 2 skills 
test examiners. This rule would therefore cost the 600 affected 
entities a maximum of $90,000 per year (600 entities x 1.5 skills test 
examiners x $100 = $90,000 per year), or $150 per year per entity.
    Given these costs, the Agency does not believe that this rule has a 
significant impact on a substantial number of small businesses.
    (4) A description of the reporting, recordkeeping, and other 
compliance requirements of the rule, including an estimate of the 
classes of small entities which are subject to the requirements and the 
type of professional skills necessary for preparation of the report or 
record.
    This rule requires drivers to present their social security number, 
one proof of citizenship or legal presence, and a proof of current 
address to their SDLA when applying for a new CLP, CDL or a CDL 
transfer or upgrade. The Agency believes that most U.S. citizens 
possess these documents and will be able to provide them to the SDLA. 
No specialized skills are required to obtain these documents or present 
them to an SDLA agent. We therefore do not believe that this rule poses 
an undue recordkeeping burden on small businesses in the motor carrier 
industry.
    Third party test examiners must, under current regulations, 
transmit to SDLAs the results of the skills tests they have conducted, 
including both information identifying the driver-applicant and the 
examiner who conducted the test. This rule will require examiners to 
obtain periodic training on conducting the skills test. The third party 
testing organizations will have to maintain records of their examiners' 
participation in this mandatory training. The Agency believes that 
keeping these records will be a minimal burden on skills test 
examiners.
    (5) A description of the steps the agency has taken to minimize the 
significant economic impacts on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy and legal reasons for selecting the alternative adopted 
in the final rule, and the reasons for rejecting each of the other 
significant alternatives.
    The agency has taken all steps it deems practical to minimize the 
impact of this rule on both large and small entities. The impacts of 
this rule on various entities, and attempts to mitigate them, are 
described in full in the rule preamble and the regulatory analysis. The 
Agency has, among other steps, reduced the third party skills tester 
monitoring proposed in the NPRM, and has chosen the alternative that 
imposes the smallest barrier, given statutory limitations, for entry 
into the motor carrier industry or CMV operator occupation. All of the 
alternatives considered in this rule would have similar impacts on 
small skills test examiners. This rule does not impact motor carriers 
directly, so it has no disproportional impact on smaller businesses in 
that industry.
    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has considered the effects of this proposed regulatory 
action on small entities and determined that this final rule does not 
have a significant impact on a substantial number of small entities, as 
defined by the SBA's Office of Size Standards. As described above, this 
rule not have a direct impact on motor carriers, unless those motor 
carriers also operate as third party testers. The requirements 
primarily affect States, drivers--during the CDL application and 
testing process--before they are employed by motor carriers, and third 
party CDL skills testers. Most carriers that operate driver training 
schools and conduct third party testing would be too large to qualify 
as small businesses. In addition, the requirements on third party 
skills testers are fairly minimal and require primarily that skills 
test examiners undergo periodic training to stay up to date on their 
knowledge of the CDL skills test. The costs of these requirements are 
estimated to be approximately $150 per year per skills test examiner. 
In order for this amount to exceed one percent of the revenue of a 
skills testing organization, the gross revenue for the firm would have 
to be less than $15,000. Although we do not have revenue figures for 
third party testers, we are confident that most of these organizations 
would have revenues exceeding this amount, and that impacts on these 
entities would therefore not be substantial.
    The other affected entities are drivers. Drivers however are 
affected prior to being employed in the industry, and therefore, 
impacts on them are, by and large, not impacts on motor carriers and 
hence not impacts on small entities. The one possible exception to this 
rule might be a prospective owner-operator, but most owner-operators 
have experience in the industry working for a larger carrier prior to 
purchasing their own truck and engaging in business for themselves. The 
instances of newly trained and tested drivers becoming owner-operators, 
before gaining industry experience, are very rare. As a result, this 
rule does not have direct impacts on small entities in the motor 
carrier industry. For these reasons, the Agency does not believe that 
this rule would have a substantial impact on a substantial number of 
small entities in the motor carrier industry.

Unfunded Mandates Reform Act of 1995

    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

[[Page 26876]]

and local governments, since this final rule does not have any major 
effects on private industry. Many of the provisions in this final rule 
affect the States, but the size of this impact is small. The total 
annual cost of the rule is estimated to vary between approximately $13 
million and $35 million, undiscounted. These costs are imposed 
primarily upon the States, which bear the increased cost of processing 
driver's licenses, training and monitoring skills test examiners, and 
implementing any changes to computer systems required to implement 
these changes.
    The quantified benefits of this rule are the reduced cost to public 
safety and society due to avoidance of crashes that would otherwise 
occur. These benefits accrue primarily to active CDL licensed drivers, 
motor carriers and their insurers, and other users of the nation's 
public highways. These benefits have been estimated to grow annually 
from approximately $10 million in the first year to $57 million in the 
10th year (undiscounted). These benefits outweigh the costs to the 
States. Although we cannot quantify them, we expect that facilitation 
of access to training schools and testing will yield benefits to the 
industry and prospective drivers.
    Given the modest cost of this rule, the Agency finds that it will 
not have a significant impact on the States because this rule will 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 $140.8 million (as adjusted by DOT 
Guidance, April 28, 2010, to reflect inflation) or more in any one 
year.

Executive Order 12988 (Civil Justice Reform)

    This action meets 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 action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. We have determined that this rulemaking does not concern an 
environmental risk to health or safety that may disproportionately 
affect children.

Executive Order 12630 (Taking of Private Property)

    This rule will 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.

Executive Order 13132 (Federalism)

    FMCSA has analyzed this 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 rule amends 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 will result in the loss of certain Federal-aid 
highway funds pursuant to 49 U.S.C. 31314. Because this rule makes only 
small, though numerous, incremental changes to the requirements already 
imposed on participating States, FMCSA has determined that it does 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 has an impact on the 
States and their commercial driver licensing operations. Most 
significantly, it requires all participating States to implement a CLP 
and prohibit the issuance of a CDL unless the applicant has first 
obtained a CLP and held it for a minimum of 14 days. The Agency hopes 
drivers will use this interval to obtain formal training. States also 
are required to use a State Testing System pre-approved by FMCSA to 
administer knowledge and skills tests. To be approved by FMCSA, the 
State Testing System must be comparable to AAMVA's ``2005 CDL Test 
System (July 2010 Version),'' which FMCSA approves in this rule and 
will provide to all State Driver Licensing Agencies. Over the years, 
FMCSA and the States have identified CDL program deficiencies that need 
to be addressed. The OIG has focused attention on measures to prevent 
licensing fraud. Measures to address these issues, and others included 
in this rule, improve the effectiveness of the CDL program, but also 
require participating States to change their programs in a variety of 
ways. By letter dated October 31, 2007, the Agency notified the 
National Governor's Association (NGA) that it was developing these 
proposals to provide State and local governments the opportunity to 
raise Federalism issues during the comment period for the NPRM. The NGA 
did not file comments in this docket. No Federalism issues were 
otherwise brought to the Agency's attention during the comment period.

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 requires new minimum 
Federal standards for States to issue CLPs as a pre-condition for a 
CDL. It requires 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. It further requires that the data on each 
CLP holder must be added to the driver's record in CDLIS. Therefore, 
the information will be held to the same level of security as other 
information contained in CDLIS.
    Although each State is 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 CDLIS 
records, however, are not transferred from FMCSA to the States; they 
are created and maintained by the States. FMCSA has determined this 
rule would not result in a new or revised Privacy Act System of Records 
for FMCSA.

[[Page 26877]]

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 will 
affect a currently-approved information collection covered by the OMB 
Control No. 2126-0011 titled, ``Commercial Driver Licensing and Test 
Standards.'' The currently approved information collection has an 
annual burden of 1,391,456 hours and will expire on May 31, 2012.
    This action updates and provides more uniform procedures for 
ensuring that the applicant has the appropriate knowledge and skills to 
operate a commercial motor vehicle. It also establishes the minimum 
information that must be on the CLP document and the electronic 
driver's record in CDLIS, makes it a tamperproof document, and 
establishes maximum issuance and renewal periods for the CLP and CDL. 
The FMCSA believes this rule will result in a significant increase in 
the annual burden hours for this information collection.
    The following table summarizes the annual information collection 
burden hours for current and future information collection activities 
for the first 3 years of implementation of the new requirements and for 
the 4th and subsequent years of maintaining the CDL program with the 
new requirements. The increase in annual burden hours for the first 3 
years of 25,216 hours is due to knowledge and skills test examiner 
training and certification. The increase in annual burden hours of 
595,348 hours for the 4th and subsequent years is due to a combination 
of activities, including the full implementation of the merging of the 
medical certification and CDL processes (211,910 hours) and the 
implementation of the new requirements for CDL testing and the issuance 
of CLPs (383,438 hours). A detailed analysis of the annual burden hour 
changes for each information collection activity can be found in the 
Supporting Statement of OMB Control Number 2126-0011.

                                Current and Future Information Collection Burdens
----------------------------------------------------------------------------------------------------------------
                                                                                                  Future annual
                                                                                Future annual   burden hours for
 Current and future information collection activities for       Currently     burden hours for       4th and
                  states and CDL drivers                     approved annual    first 3 years   subsequent years
                                                              burden hours    (program change)       (program
                                                                                                     change)
----------------------------------------------------------------------------------------------------------------
State to obtain and record the medical certificate                         0                 0         * 205,333
 information..............................................
State recording of medical certification status...........                 0                 0           * 3,984
State to verify the medical certification status of all                    0                 0           * 2,593
 interstate CDL drivers...................................
Driver to notify employer of convictions/disqualifications           640,000           640,000           640,000
Driver to complete previous employment paperwork..........           403,200           403,200           403,200
States to complete compliance certification documents.....             1,632             1,632             1,632
State to complete compliance review documents.............             2,400             2,400             2,400
Data/document checks and CDLIS recordkeeping..............           212,224           212,224           582,285
Drivers to complete the CDL application...................            48,000            48,000            56,486
CDL tests recordkeeping...................................            84,000            84,000            77,910
Knowledge and skills test examiner certification..........                 0            25,216             7,658
Skills test examiner monitoring and auditing..............                 0                 0            28,539
                                                           -----------------------------------------------------
    Total Burden Hours....................................         1,391,456         1,416,672         2,012,020
----------------------------------------------------------------------------------------------------------------
Note: * See currently approved (May 13, 2009) Information Collection Supporting Statement.

National Environmental Policy Act

    The FMCSA analyzed this rulemaking for the purpose of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined under its 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 will have any effect on 
the quality of the environment. Thus, the action does not require an 
environmental assessment or an environmental impact statement.
    The FMCSA has 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 involves rulemaking and policy 
development and issuance.

Executive Order 13211 (Energy Effects)

    The FMCSA has analyzed this action under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution or Use. The Agency has determined that it is not a 
``significant energy action'' under that Executive Order because it 
will not be economically significant and will 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, Incorporation by reference, Motor carriers.

49 CFR Part 384

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

[[Page 26878]]

49 CFR Part 385

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

The Final Rule

    Accordingly, FMCSA amends 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

0
1. The authority citation for part 383 continues to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502; 
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 
1012(b) of Pub. L. 107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-
59, 119 Stat. 1144, 1726; and 49 CFR 1.73.


0
2. Amend Sec.  383.5 by:
0
a. Removing the definitions for nonresident CDL and serious traffic 
violation;
0
b. Revising the definitions for commercial driver's license (CDL), 
commercial motor vehicle (CMV), disqualification, driver applicant, 
endorsement, imminent hazard, tank vehicle, and United States; and
0
c. Adding new definitions for CDL driver, non-CDL, commercial learner's 
permit (CLP), manual transmission, non-domiciled CLP or Non-domiciled 
CDL, third party skills test examiner, and third party tester .
    The revisions and additions 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 of domicile, 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 of domicile, in accordance 
with the standards contained in this part, which, 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 or 
other jurisdiction 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.
    Manual transmission (also known as a stick shift, stick, straight 
drive or standard transmission) means a transmission utilizing a 
driver-operated clutch that is activated by a pedal or lever and a 
gear-shift mechanism operated either by hand or foot. All other 
transmissions, whether semi-automatic or automatic, will be considered 
automatic for the purposes of the standardized restriction code.
* * * * *
    Non-CDL means any other type of motor vehicle license, such as an 
automobile driver's license, a chauffeur's license, or a motorcycle 
license.
    Non-domiciled CLP or Non-domiciled CDL means a CLP or CDL, 
respectively, issued by a State or other jurisdiction 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 or tanks having 
an individual rated capacity of more than 119 gallons and 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.
* * * * *

0
3. 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 for a

[[Page 26879]]

CLP or CDL that 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 that 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,\1\ the person 
may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that 
does comply with the testing and licensing standards contained in such 
subparts F, G, and H of this part, so long as that person meets the 
requirements of Sec.  383.71(f).
---------------------------------------------------------------------------

    \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 a non-domiciled 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 Non-domiciled CLP 
or Non-domiciled CDL from any State that elects to issue a Non-
domiciled CDL and which complies with the testing and licensing 
standards contained in subparts F, G, and H of this part, so long as 
that person meets the requirements of Sec.  383.71(f).
    (3) If an individual possesses a 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.

0
4. Add Sec.  383.25 to subpart B to read as follows:


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

    (a) A CLP is considered a valid CDL 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, in the case 
of a passenger vehicle, directly behind or in the first row behind the 
driver 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 that issued the CLP.
    (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) Endorsements:
    (i) 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, 
other than Federal/State auditors and inspectors, test examiners, other 
trainees, and the CDL holder accompanying the CLP holder as prescribed 
by paragraph (a)(1) of this section. The P endorsement must be class 
specific.
    (ii) A CLP holder with a school bus (S) endorsement must have taken 
and passed the S endorsement knowledge test. A CLP holder with an S 
endorsement is prohibited from operating a school bus with passengers 
other than Federal/State auditors and inspectors, test examiners, other 
trainees, and the CDL holder accompanying the CLP holder as prescribed 
by paragraph (a)(1) of this section.
    (iii) A CLP holder with a tank vehicle (N) endorsement must have 
taken and passed the N endorsement knowledge test. A CLP holder with an 
N endorsement may only operate an empty tank vehicle and is prohibited 
from operating any tank vehicle that previously contained hazardous 
materials that has not been purged of any residue.
    (iv) 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 180 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 initial issuance 
of a CDL. The issuance of a CLP is also a precondition to the upgrade 
of a CDL if the upgrade requires a skills test.
    (e) The CLP holder is not eligible to take the CDL skills test in 
the first 14 days after initial issuance of the CLP.

0
5. 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 who 
violates any restriction on the driver's CLP or CDL.
    (b) During any period in which the driver has a CLP or CDL 
disqualified 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 CLP or 
CDL.
    (d) During any period in which the driver, or the CMV he/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.

0
6. In Sec.  383.51:
0
a. Revise paragraph (a);
0
b. Revise paragraph (b) introductory text and the column headings for 
Table 1;
0
c. Revise paragraph (c) introductory text and the column headings for 
Table 2;
0
d. Revise paragraph (d) introductory text and the column headings for 
Table 3; and
0
e. Revise paragraph (e) introductory text and the column headings for 
Table 4.
    The revisions 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

[[Page 26880]]

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 (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 (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       have a CLP or CDL      holder must be
                        holder must be         CMV, if the            and a CLP or CDL       disqualified from
                        disqualified from      conviction results     holder must be         operating a CMV, if
                        operating a CMV for    in the revocation,     disqualified from      the conviction
                        * * *                  cancellation, or       operating a CMV for    results in the
                                               suspension of the      * * *                  revocation,
                                               CLP or CDL holder's                           cancellation, or
                                               license or non-CMV                            suspension of the
                                               driving privileges,                           CLP or CDL holder's
                                               for * * *                                     license or non-CMV
                                                                                             driving privileges,
                                                                                             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 26881]]



                        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 * * *
------------------------------------------------------------------------

* * * * *

0
7. Revise Sec.  383.71 to read as follows:


Sec.  383.71  Driver application and certification procedures.

    (a) Commercial Learner's Permit. Prior to obtaining a CLP, a person 
must meet the following requirements:
    (1) Commercial learner's permit applications submitted prior to 
July 8, 2014. CLPs issued prior to July 8, 2014 for limited time 
periods according to State requirements, shall be considered valid 
commercial drivers' licenses for purposes of behind-the-wheel training 
on public roads or highways, if the following minimum conditions are 
met:
    (i) The learner's permit holder is at all times accompanied by the 
holder of a valid CDL;
    (ii) He/she either holds a valid automobile driver's license, or 
has passed such vision, sign/symbol, and knowledge tests as the State 
issuing the learner's permit ordinarily administers to applicants for 
automotive drivers' licenses; and
    (iii) He/she does not operate a commercial motor vehicle 
transporting hazardous materials as defined in Sec.  383.5.
    (2) Commercial learner's permit applications submitted on or after 
July 8, 2014. Any person applying for a CLP on or after July 8, 2014 
must meet the following conditions:
    (i) The person must be 18 years of age or older and provide proof 
of his/her age.
    (ii) 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.
    (iii) The person must certify that he/she is not subject to any 
disqualification under Sec.  383.51, or any license disqualification 
under State law, and that he/she does not have a driver's license from 
more than one State or jurisdiction.
    (iv) 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.
    (v) The person must provide to the State proof of citizenship or 
lawful permanent residency as specified in Table 1 of this section or 
obtain a Non-domiciled CLP as specified in paragraph (f) of this 
section.
    (vi) The person must provide proof that the State to which 
application is made is his/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.
    (vii) 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.
    (viii) A person seeking a passenger (P), school bus (S) or tank 
vehicle (N) endorsement must have taken and passed the endorsement 
knowledge test for the specific endorsement.
    (ix) The person must provide the State the certification contained 
in paragraph (b)(1) of this section.
    (b) Initial Commercial Driver's License. Prior to obtaining a CDL, 
a person must meet all of the following requirements:
    (1)(i) Initial Commercial Driver's License applications submitted 
prior to January 30, 2012. Any person applying for a CDL prior to 
January 30, 2012, must meet the requirements set forth in paragraphs 
(b)(2) through (10) of this section, and make the following applicable 
certification in paragraph (b)(1)(i)(A), (B), or (C) of this section:
    (A) A person who operates or expects to operate in interstate or 
foreign commerce, or is otherwise subject to 49 CFR part 391, must 
certify that he/she meets the qualification requirements contained in 
part 391 of this title; or
    (B) 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.
    (C) 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.
    (ii) Initial Commercial Driver's License applications submitted on 
or after January 30, 2012. Any person applying for a CDL on or after 
January 30, 2012, must meet the requirements set forth in paragraphs 
(b)(2) through (10), and (h) of this section, and make one of the 
following applicable certifications in paragraph (b)(1)(ii)(A), (B), 
(C), or (D) of this section:

[[Page 26882]]

    (A) Non-excepted interstate. A person must certify that he/she 
operates or expects to operate in interstate commerce, is both subject 
to and meets the qualification requirements under 49 CFR part 391, and 
is required to obtain a medical examiner's certificate by Sec.  391.45 
of this chapter;
    (B) Excepted interstate. A person must certify that he/she operates 
or expects to operate in interstate commerce, but engages exclusively 
in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 
391.68, or 398.3 from all or parts of the qualification requirements of 
49 CFR part 391, and is therefore not required to obtain a medical 
examiner's certificate by 49 CFR 391.45 of this chapter;
    (C) Non-excepted intrastate. A person must certify that he/she 
operates only in intrastate commerce and therefore is subject to State 
driver qualification requirements; or
    (D) Excepted intrastate. A person must certify that he/she operates 
in intrastate commerce, but engages exclusively in transportation or 
operations excepted from all or parts of the State driver qualification 
requirements.
    (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 that 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 disqualification 
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 he/she 
has previously been licensed to drive 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/her U.S. 
Citizenship and Immigration Services (USCIS) Alien registration number.
    (9) The person must provide proof of citizenship or lawful 
permanent residency 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
                       Lawful Permanent Residency
------------------------------------------------------------------------
            Status                          Proof of status
------------------------------------------------------------------------
U.S. Citizen.................   Valid, unexpired U.S. Passport.
                                Certified copy of a birth
                                certificate filed with a State Office of
                                Vital Statistics or equivalent agency in
                                the individual's State of birth, Puerto
                                Rico, the Virgin Islands, Guam, American
                                Samoa or the Commonwealth of the
                                Northern Mariana Islands.
                                Consular Report of Birth Abroad
                                (CRBA) issued by the U.S. Department of
                                State.
                                Certificate of Naturalization
                                issued by the U.S. Department of
                                Homeland Security (DHS).
                                Certificate of Citizenship
                                issued by DHS.
Lawful Permanent Resident....   Valid, unexpired Permanent
                                Resident Card, issued by USCIS or INS.
------------------------------------------------------------------------

     (10) The person must provide proof that the State to which 
application is made is his/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 paragraphs (b)(1) and (5) 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 lawful permanent 
residency 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/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 paragraphs 
(b)(1) and (5) 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 lawful permanent 
residency 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/her State of 
domicile, as the term is defined in Sec.  383.5. Acceptable proof of 
domicile is a document, such as a government issued tax form, with the 
person's name and residential address within the State.
    (e) License upgrades. When applying for a CDL or an endorsement

[[Page 26883]]

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) Comply with the requirements specified in paragraph (b)(8) of 
this section to obtain a hazardous materials endorsement; and
    (4) Surrender the previous CDL.
    (f) Non-domiciled CLP and CDL. (1) A person must obtain a Non-
domiciled CLP or CDL:
    (i) If the applicant is domiciled in a foreign jurisdiction, as 
defined in Sec.  383.5, and the Administrator has not determined that 
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 CLPs and CDLs in accordance with Sec.  384.405 of this 
subchapter. That person is eligible to obtain a Non-domiciled CLP or 
CDL from any State that elects to issue a Non-domiciled CLP or CDL and 
that complies with the testing and licensing standards contained in 
subparts F, G, and H of this part.
    (2) An applicant for a Non-domiciled CLP and CDL must do both of 
the following:
    (i) Complete the requirements to obtain a CLP contained in 
paragraph (a) of this section or a CDL contained in paragraph (b) of 
this section. Exception: An applicant domiciled in a foreign 
jurisdiction must provide an unexpired employment authorization 
document (EAD) issued by USCIS or an unexpired foreign passport 
accompanied by an approved I-94 form documenting the applicant's most 
recent admittance into the United States. No proof of domicile is 
required.
    (ii) After receipt of the Non-domiciled CLP or CDL, and for as long 
as it is valid, notify the State which issued the Non-domiciled CLP or 
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 
disqualification or disqualification from operating a 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 Non-domiciled CLP or CDL is not required to 
surrender his/her foreign license.
    (g) Existing CLP and CDL Holder's Self-Certification. Every person 
who holds a CLP or CDL must provide to the State on or after January 
30, 2012, but not later than January 30, 2014, the certification 
contained in Sec.  383.71(b)(1)(ii).
    (h) Medical Certification Documentation Required by the State. An 
applicant or CLP or CDL holder who certifies to non-excepted, 
interstate driving operations according to Sec.  383.71(b)(1)(ii)(A) 
must comply with applicable requirements in paragraphs (h)(1) through 
(3) of this section:
    (1) New CLP and CDL applicants. After January 30, 2012, a new CLP 
or CDL applicant who certifies that he/she will operate CMVs in non-
excepted, interstate commerce must provide the State with an original 
or copy (as required by the State) of a medical examiner's certificate 
prepared by a medical examiner, as defined in Sec.  390.5 of this 
chapter, and the State will post a certification status of 
``certified'' on the Commercial Driver's License Information System 
(CDLIS) driver record for the driver;
    (2) Existing CLP and CDL holders. By January 30, 2014, provide the 
State with an original or copy (as required by the State) of a current 
medical examiner's certificate prepared by a medical examiner, as 
defined in 49 CFR 390.5, and the State will post a certification status 
of ``certified'' on CDLIS driver record for the driver. If the non-
excepted, interstate CLP or CDL holder fails to provide the State with 
a current medical examiner's certificate, the State will post a 
certification status of ``not-certified'' in the CDLIS driver record 
for the driver, and initiate a CLP or CDL downgrade following State 
procedures in accordance with section 383.73(j)(4); and
    (3) Maintaining the medical certification status of ``certified.'' 
In order to maintain a medical certification status of ``certified,'' 
after January 30, 2012, a CLP or CDL holder who certifies that he/she 
will operate CMVs in non-excepted, interstate commerce must provide the 
State with an original or copy (as required by the State) of each 
subsequently issued medical examiner's certificate.

0
8. 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.

0
9. Revise Sec.  383.73 to read as follows:


Sec.  383.73  State procedures.

    (a) Commercial Learner's Permit. (1) Prior to July 8, 2014. When 
issuing a CLP to a person prior to July 8, 2014, a State must meet the 
requirements in Sec.  383.71(a)(1):
    (2) On or after July 8, 2014. Prior to issuing a CLP to a person on 
or after July 8, 2014, a State must:
    (i) Require the applicant to make the certifications, pass the 
tests, and provide the information as described in Sec.  383.71(a)(2);
    (ii) Initiate and complete a check of the applicant's driving 
record as described in paragraph (b)(3) of this section.
    (iii) Make a CLP valid for no more than 180 days from the date of 
issuance and provide for renewal of a CLP for no more than an 
additional 180 days without the CLP holder having to retake the general 
and endorsement knowledge tests;
    (iv) Allow only a group-specific passenger (P) and school bus (S) 
endorsement and tank vehicle (N) endorsement on a CLP, provided the 
applicant has taken and passed the knowledge test for the specified 
endorsement. All other Federal endorsements are prohibited on a CLP; 
and
    (v) Complete the Social Security Number verification required by 
paragraph (g) of this section.
    (vi) Require compliance with the standards for providing proof of 
citizenship or lawful permanent residency specified in Sec.  
383.71(b)(9) and proof of State of domicile specified in Sec.  
383.71(a)(2)(vi).
    (vii) Beginning January 30, 2012, for drivers who certified their 
type of driving according to Sec.  383.71(b)(1)(ii)(A) (non-excepted 
interstate) and, if the CLP applicant submits a current medical 
examiner's certificate, date-stamp the medical examiner's certificate, 
and post all required information from the medical examiner's 
certificate to the CDLIS driver record in accordance with paragraph (o) 
of this section.
    (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

[[Page 26884]]

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 disqualification 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 disqualified, 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) disqualified 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;
    (v) Beginning January 30, 2012, a check that the medical 
certification status of a driver that self-certified according to Sec.  
383.71(b)(1)(ii)(A) of this chapter (non-excepted interstate) is 
``certified;''
    (4) Require the driver applicant to surrender his/her non-CDL 
driver's license and CLP;
    (5) Beginning January 30, 2012, for drivers who certified their 
type of driving according to Sec.  383.71(b)(1)(ii)(A) (non-excepted 
interstate) and, if the CDL driver submits a current medical examiner's 
certificate, date-stamp the medical examiner's certificate, and post 
all required information from the medical examiner's certificate to the 
CDLIS driver record in accordance with paragraph (o) of this section.
    (6) Require compliance with the standards for providing proof of 
citizenship or lawful permanent residency 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 legal presence specified in this paragraph for 
initial issuance of a CLP or Non-domiciled CDL, transfer of CDL from 
another State or for drivers renewing a CDL or Non-domiciled CDL for 
the first time after July 8, 2011, provided a notation is made on the 
driver's record confirming that the proof of citizenship or legal 
presence check required by this paragraph has been made and noting the 
date it was done;
    (7) If not previously done, complete the Social Security Number 
verification required by paragraph (g) of this section;
    (8) 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
    (9) 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)(1) and (5);
    (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;
    (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 lawful permanent residency 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 legal presence specified in this paragraph for 
initial issuance of a CLP or Non-domiciled CDL, transfer of CDL from 
another State or for drivers renewing a CDL or Non-domiciled CDL for 
the first time after July 8, 2011, provided a notation is made on the 
driver's record confirming that the proof of citizenship or legal 
presence check required by this paragraph has been made and noting the 
date it was done;
    (8) Beginning January 30, 2012, verify from the CDLIS driver record 
that the medical certification status of driver is ``certified'' for 
those who certified according to Sec.  383.71(b)(1)(ii)(A). Exception: 
A driver who certified according to Sec.  383.71(b)(1)(ii)(A) that he/
she plans to operate in non-excepted interstate commerce may present a 
current medical examiner's certificate issued prior to January 30, 
2012. The medical examiner's certificate provided by the driver must be 
posted to the CDLIS driver record in accordance with paragraph (o) of 
this section and:
    (9) Make the CDL valid for no more than 8 years from the date of 
issuance.
    (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);
    (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;
    (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 lawful permanent residency specified in Sec.  
383.71(b)(9) and proof of State of domicile specified in Sec.  
383.71(b)(10); and
    (8) Beginning January 30, 2012, verify from the CDLIS driver record 
that the medical certification status is ``certified'' for drivers who 
self-certified according to Sec.  383.71(b)(1)(ii)(A). Exception: A 
driver who certified according to Sec.  383.71(b)(1)(ii)(A) may present 
a current medical examiner's certificate issued prior to January 30, 
2012. The medical examiner's certificate provided

[[Page 26885]]

by the driver must be posted to the CDLIS driver record in accordance 
with paragraph (o) of this section.
    (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;
    (4) Require the driver applicant to surrender his/her previous CDL;
    (5) Require compliance with the standards for providing proof of 
citizenship or lawful permanent residency specified in Sec.  
383.71(b)(9) and proof of State of domicile specified in Sec.  
383.71(b)(10);
    (6) Beginning January 30, 2012, verify from the CDLIS driver record 
that the medical certification status is ``certified'' for drivers who 
self-certified according to Sec.  383.71(b)(1)(ii)(A). Exception: A 
driver who certified according to Sec.  383.71(b)(1)(ii)(A) may present 
a current medical examiner's certificate issued prior to January 30, 
2012. The medical examiner's certificate provided by the driver must be 
posted to the CDLIS driver record in accordance with paragraph (o) of 
this section and:
    (7) Make the CDL valid for no more than 8 years from the date of 
issuance.
    (f) Non-domiciled CLP and CDL. (1) A State may only issue a Non-
domiciled CLP or 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 non-domiciled CLP and 
CDL, for any modifications thereto, and for notifications to the CDLIS 
must at a minimum be identical to those pertaining to any other CLP or 
CDL, with the following exceptions:
    (i) If the applicant is requesting a transfer of his/her Non-
domiciled CDL, the State must obtain the Non-domiciled CDL currently 
held by the applicant and issued by another State;
    (ii) The State must add the word ``non-domiciled'' to the face of 
the CLP or CDL, in accordance with Sec.  383.153(b); and
    (iii) The State must have established, prior to issuing any Non-
domiciled CLP or CDL, the practical capability of disqualifying the 
holder of any Non-domiciled CLP or CDL, by withdrawing or disqualifying 
his/her Non-domiciled CLP or CDL as if the Non-domiciled CLP or CDL 
were a CLP or CDL issued to a person domiciled in the State.
    (3) The State must require compliance with the standards for 
providing proof of legal presence 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 July 8, 2011 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, as applicable, 
it may issue a CLP or CDL to the driver applicant. The State must 
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, in any of the certifications required in Sec.  383.71(b) or (g), 
or in any of the documents required to be submitted by Sec.  383.71(h), 
the State must at a minimum disqualify 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 that 
result, at a minimum, in the disqualification 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 disqualified. 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/her CLP or CDL, the State must require the driver 
to re-take the skills and/or knowledge tests. Within 30 days of 
receiving notification from the State that re-testing is necessary, the 
affected CLP- or CDL-holder must make an appointment or otherwise 
schedule to take the next available test. If the CLP- or CDL-holder 
fails to make an appointment within 30 days, the State must disqualify 
his/her CLP or CDL. If the driver fails either the knowledge or skills 
test or does not take the test, the State must disqualify his/her CLP 
or CDL. Once a CLP- or CDL-holder's CLP or CDL has been disqualified, 
he/she must reapply for a CLP or CDL under State procedures applicable 
to all CLP and CDL applicants.
    (l) Reciprocity. A State must allow any person who has a valid CLP, 
CDL, Non-domiciled CLP, or Non-domiciled 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. 
Exception: For offices with only one staff member, the documents must 
be checked and verified by a supervisor before issuance or, when a 
supervisor is not available, copies must be made of the documents used 
to prove legal presence and domicile and a supervisor must verify the 
documents and the filled out application form and test scores within 
one business day of issuance of the CLP or CDL.
    (n) Computer system controls. The State must establish computer 
system controls that will:

[[Page 26886]]

    (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) Suspend the issuance process whenever State, CDLIS, and/or PDPS 
driver record checks return suspect results. The State must demonstrate 
that it has a system to detect and prevent fraud when a driver record 
check returns suspect results. At a minimum, the system must ensure 
that:
    (i) The results are not connected to a violation of any State or 
local law relating to motor vehicle traffic control (other than 
parking, vehicle weight, or vehicle defect violations);
    (ii) The name of the persons performing the record check and 
authorizing the issuance, and the justification for the authorization 
are documented by the State; and
    (iii) The person performing the record check and the person 
authorizing the issuance are not the same.
    (o) Medical recordkeeping. (1) Status of CDL holder. Beginning 
January 30, 2012, for each operator of a commercial motor vehicle 
required to have a CLP or CDL, the current licensing State must:
    (i) Post the driver's self-certification of type of driving under 
Sec.  383.71(b)(1)(ii),
    (ii) Retain the original or a copy of the medical certificate of 
any driver required to provide documentation of physical qualification 
for 3 years beyond the date the certificate was issued, and
    (iii) Post the information from the medical examiner's certificate 
within 10 calendar days to the CDLIS driver record, including:
    (A) Medical examiner's name;
    (B) Medical examiner's telephone number;
    (C) Date of medical examiner's certificate issuance;
    (D) Medical examiner's license number and the State that issued it;
    (E) Medical examiner's National Registry identification number (if 
the National Registry of Medical Examiners, mandated by 49 U.S.C. 
31149(d), requires one);
    (F) The indicator of medical certification status, i.e., 
``certified'' or ``not-certified'';
    (G) Expiration date of the medical examiner's certificate;
    (H) Existence of any medical variance on the medical certificate, 
such as an exemption, Skill Performance Evaluation (SPE) certification, 
or grandfather provisions;
    (I) Any restrictions (e.g., corrective lenses, hearing aid, 
required to have possession of an exemption letter or SPE certificate 
while on-duty, etc.); and
    (J) Date the medical examiner's certificate information was posted 
to the CDLIS driver record.
    (2) Status update. Beginning January 30, 2012, the State must, 
within 10 calendar days of the driver's medical certification status 
expiring or a medical variance expiring or being rescinded, update the 
medical certification status of that driver as ``not-certified.''
    (3) Variance update. Beginning January 30, 2012, within 10 calendar 
days of receiving information from FMCSA regarding issuance or renewal 
of a medical variance for a driver, the State must update the CDLIS 
driver record to include the medical variance information provided by 
FMCSA.
    (4) Downgrade. (i) Beginning January 30, 2012, if a driver's 
medical certification or medical variance expires, or FMCSA notifies 
the State that a medical variance was removed or rescinded, the State 
must:
    (A) Notify the CLP or CDL holder of his/her CLP or CDL ``not-
certified'' medical certification status and that the CMV privileges 
will be removed from the CLP or CDL unless the driver submits a current 
medical certificate and/or medical variance, or changes his/her self-
certification to driving only in excepted or intrastate commerce (if 
permitted by the State);
    (B) Initiate established State procedures for downgrading the CLP 
or CDL. The CLP or CDL downgrade must be completed and recorded within 
60 days of the driver's medical certification status becoming ``not-
certified'' to operate a CMV.
    (ii) Beginning January 30, 2014, if a driver fails to provide the 
State with the certification contained in Sec.  383.71(b)(1)(ii), or a 
current medical examiner's certificate if the driver self-certifies 
according to Sec.  383.71(b)(1)(ii)(A) that he/she is operating in non-
excepted interstate commerce as required by Sec.  383.71(h), the State 
must mark that CDLIS driver record as ``not-certified'' and initiate a 
CLP or CDL downgrade following State procedures in accordance with 
paragraph (o)(4)(i)(B) of this section.
    (5) FMCSA Medical Programs is designated as the keeper of the list 
of State contacts for receiving medical variance information from 
FMCSA. Beginning January 30, 2012, States are responsible for insuring 
their medical variance contact information is always up-to-date with 
FMCSA's Medical Programs.


0
10. 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 skills tests given by the third party are the same as those 
that 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 tester at least once every 2 years, with a focus on examiners 
with irregular results such as unusually high or low pass/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 in Sec.  384.228.
    (5) The State must, at least once every 2 years, 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;
    (7) A skills tester that is also a driver training school is 
prohibited from administering a skills test to an applicant who was 
trained by that training school. Exception: When the nearest 
alternative third party tester or State skills testing facility is over 
50 miles from the training school, the SDLA may allow the training 
school to skills test the applicant it trained provided the individual 
skills test examiner did not train the applicant; and
    (8) 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

[[Page 26887]]

random examinations, inspections, and audits of its records, 
facilities, and operations without prior notice;
    (ii) Require that all third party skills test 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 schedule of CDL 
skills testing appointments to the State no later than two business 
days prior to each test; 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.
    The State must revoke the skills testing certification of any 
examiner who does not conduct skills test examinations of at least 10 
different applicants per calendar year. Exception: Examiners who do not 
meet the 10-test minimum must either take the refresher training 
specified in Sec.  384.228 of this chapter or have a State examiner 
ride along to observe the third party examiner successfully administer 
at least one skills test.


0
11. Revise Sec.  383.77 to read as follows:


Sec.  383.77   Substitute for driving skills tests for drivers with 
military CMV experience.

    At the discretion of a State, the driving skills test as specified 
in Sec.  383.113 may be waived for a CMV driver with military CMV 
experience who is currently licensed at the time of his/her application 
for a CDL, and substituted with an applicant's driving record in 
combination with certain driving experience. The State shall impose 
conditions and limitations to restrict the applicants from whom a State 
may accept alternative requirements for the skills test described in 
Sec.  383.113. Such conditions must require at least the following:
    (a) An applicant must certify that, during the two-year period 
immediately prior to applying for a CDL, he/she:
    (1) Has not had more than one license (except for a military 
license);
    (2) Has not had any license suspended, revoked, or cancelled;
    (3) Has not had any convictions for any type of motor vehicle for 
the disqualifying offenses contained in Sec.  383.51(b);
    (4) Has not had more than one conviction for any type of motor 
vehicle for serious traffic violations contained in Sec.  383.51(c); 
and
    (5) Has not had had any conviction for a violation of military, 
State or local law relating to motor vehicle traffic control (other 
than a parking violation) arising in connection with any traffic 
accident, and has no record of an accident in which he/she was at 
fault; and
    (b) An applicant must provide evidence and certify that he/she:
    (1) Is regularly employed or was regularly employed within the last 
90 days in a military position requiring operation of a CMV;
    (2) Was exempted from the CDL requirements in Sec.  383.3(c); and
    (3) Was operating a vehicle representative of the CMV the driver 
applicant operates or expects to operate, for at least the 2 years 
immediately preceding discharge from the military.


0
12. Add Sec.  383.79 to subpart E 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.


0
13. 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 endorsements allowed on a CLP are the following:
    (i) Passenger (P);
    (ii) School bus (S); and
    (iii) Tank vehicle (N).
    (3) The State must use the codes listed in Sec.  383.153 when 
placing endorsements on a CLP or CDL.
* * * * *

0
14. 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 
CLP or CDL, if issued, that the person is restricted from operating a 
CMV equipped with any type of air brakes.
    (2) For the purposes of the skills test and the restriction, air 
brakes include

[[Page 26888]]

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 other than a manual 
transmission as defined in Sec.  383.5.
    (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) Medical Variance Restrictions. If the State is notified 
according to Sec.  383.73(o)(3) that the driver has been issued a 
medical variance, the State must indicate the existence of such a 
medical variance on the CDLIS driver record and the CDL document, if 
issued, using the restriction code ``V'' to indicate there is 
information about a medical variance on the CDLIS driver record. Note: 
In accordance with the agreement between Canada and the United States 
(see footnote to Sec.  391.41 of this chapter), drivers with a medical 
variance restriction code on their CDL are restricted from operating a 
CMV in the other country.


0
15. Revise Sec.  383.110 to read as follows:


Sec.  383.110  General requirement.

    All drivers of CMVs must have the knowledge and skills necessary to 
operate a CMV safely as contained in this subpart. The specific types 
of items that a State must include in the knowledge and skills tests 
that it administers to CDL applicants are included in this subpart.


0
16. 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 impairment, 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) Safe vehicle control systems. The purpose and function of the 
controls and instruments commonly found on CMVs.
    (3) 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.
    (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 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

[[Page 26889]]

extreme driving conditions and the hazards encountered in such 
conditions, including:
    (i) Bad weather, e.g., snow, ice, sleet, high wind;
    (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/enroute/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 to avoid fatigue;
    (iii) What to do when sleepy while driving; and
    (iv) What to do when 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 that 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.


0
17. 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 ensure a safe operating condition of each part, 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;

[[Page 26890]]

    (5) Ability to position the motor vehicle to negotiate safely 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.
    (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 vehicle, 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, visibility, and 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.


0
18. 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.


0
19. 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.

0
20. 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/compartmented 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.

0
21. Revise Sec.  383.121 to read as follows:


Sec.  383.121  Requirements for hazardous materials endorsement.

    In order to obtain a hazardous materials 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 1.1 
and 1.2 explosives.

[[Page 26891]]

    (e) Operating practices and procedures not otherwise specified.

0
22. 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:
    (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 (3) of 
this section.

Appendix to Subpart G of Part 383 [Removed]

0
23. Remove the appendix to subpart G.

0
24. Revise Sec.  383.131 to read as follows:


Sec.  383.131  Test manuals.

    (a) Driver information manual. (1) A State must provide an FMCSA 
pre-approved driver information manual to a CLP or CDL applicant. The 
manual must be comparable to the American Association of Motor Vehicle 
Administrators' (AAMVA's) ``2005 CDL Test System (July 2010 Version) 
Model Commercial Driver Manual'', which FMCSA has approved and provides 
to all State Driver Licensing Agencies. The driver information manual 
must 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 that 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 an FMCSA 
pre-approved examiner information manual that conforms to model 
requirements in paragraphs (b)(1)(i-xi) of this section to all 
knowledge and skills test examiners. To be pre-approved by FMCSA, the 
examiner information manual must be comparable to AAMVA's ``2005 CDL 
Test System (July 2010 Version) Model CDL Examiner's Manual,'' which 
FMCSA has approved and provides to all State Driver Licensing Agencies. 
The examiner information manual must 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 that 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.

0
25. 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 FMCSA pre-approved pool of test questions 
to develop knowledge tests for each vehicle group and endorsement. The 
pool of questions must be comparable to those in AAMVA's ``2005 CDL 
Test System (July 2010 Version) 2005 Test Item Summary Forms,'' which 
FMCSA has approved and provides to all State Driver Licensing Agencies.
    (2) The State method of generating knowledge tests must conform to 
the requirements in paragraphs (b)(2)(i) through (iv) of this section 
and be pre-approved by FMCSA. The State method of generating knowledge 
tests must be comparable to the requirements outlined in AAMVA's ``2005 
CDL Test System (July 2010 Version) 2005 Requirements Document For Use 
In Developing Computer-Generated Multiple-Choice CDL Knowledge Tests'', 
which FMCSA has approved and provides to all State Driver Licensing 
Agencies to develop knowledge tests for each vehicle group and 
endorsement. 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 ensure 
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

[[Page 26892]]

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 for which the 
applicant is applying, 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.
    (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. Neither 
the applicant nor the examiner may communicate in a language other than 
English during the skills test.
    (6) The skills test must be administered and successfully completed 
in the following order: Pre-trip inspection, basic vehicle control 
skills, on-road skills. If an applicant fails one segment of the skills 
test:
    (i) The applicant cannot continue to the next segment of the test; 
and
    (ii) Scores for the passed segments of the test are only valid 
during initial issuance of the CLP. If the CLP is renewed, all three 
segments of the skills test must be retaken.
    (d) Passing scores for the knowledge and skills tests must meet the 
standards contained in Sec.  383.135.

0
26. 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 portion of the 
knowledge test (scores less than 80 percent correct) is issued a CLP or 
CDL, an air brake restriction must be indicated on the CLP or CDL as 
required in Sec.  383.95(a).
    (3) A driver applicant who fails the combination vehicle portion of 
the 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 segment of 
the skills test, 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 a 
reason for automatic failure in the standards contained in the driver 
and examiner manuals referred to in Sec. Sec.  383.131(a) and (b), 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 (5) of this section, the applicant does 
not have to retake the complete skills test. The State may administer a 
modified skills test 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 
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.
    (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.


0
27. Revise the heading for subpart J to read as follows:

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

* * * * *

0
28. 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.

0
29. 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, digitized color image, or black and white 
laser engraved photograph 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;

[[Page 26893]]

    (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 No Air brake equipped CMV;
    (ii) Z for No Full air brake equipped CMV;
    (iii) E for No Manual transmission equipped CMV;
    (iv) O for No Tractor-trailer CMV;
    (v) M for No Class A passenger vehicle;
    (vi) N for No Class A and B passenger vehicle;
    (vii) K for Intrastate only;
    (viii) V for medical variance; and
    (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. (1) A CLP must not contain a 
photograph, digitized image or other visual representation of the 
driver.
    (2) All CLPs must contain all of the following information:
    (i) 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 
underlying driver's license issued by the same jurisdiction.
    (ii) The full name, signature, and mailing or residential address 
in the permitting State of the person to whom the permit is issued.
    (iii) Physical and other information to identify and describe such 
person including date of birth (month, day, and year), sex, and height.
    (iv) The driver's State license number.
    (v) The name of the State which issued the permit.
    (vi) The date of issuance and the date of expiration of the permit.
    (vii) The group or groups of commercial motor vehicle(s) that the 
driver is authorized to operate, indicated as follows:
    (A) A for Combination Vehicle;
    (B) B for Heavy Straight Vehicle; and
    (C) C for Small Vehicle.
    (viii) The endorsement(s) for which the driver has qualified, if 
any, indicated as follows:
    (A) P for passenger endorsement. A CLP holder with a P endorsement 
is prohibited from operating a CMV carrying passengers, other than 
Federal/State auditors and inspectors, test examiners, other trainees, 
and the CDL holder accompanying the CLP holder as prescribed by Sec.  
CFR 383.25(a)(1) of this part;
    (B) S for school bus endorsement. A CLP holder with an S 
endorsement is prohibited from operating a school bus with passengers 
other than Federal/State auditors and inspectors, test examiners, other 
trainees, and the CDL holder accompanying the CLP holder as prescribed 
by Sec.  383.25(a)(1) of this part; and
    (C) N for tank vehicle endorsement. A CLP holder with an N 
endorsement may only operate an empty tank vehicle and is prohibited 
from operating any tank vehicle that previously contained hazardous 
materials that has not been purged of any residue.
    (ix) The restriction(s) placed on the driver, if any, indicated as 
follows:
    (A) P for No passengers in CMV bus;
    (B) X for No cargo in CMV tank vehicle;
    (C) L for No Air brake equipped CMV;
    (D) V for medical variance;
    (E) M for No Class A passenger vehicle;
    (F) N for No Class A and B passenger vehicle;
    (G) K for Intrastate only.
    (H) Any additional jurisdictional restrictions that apply to the 
CLP driving privilege.
    (c) If the CLP or CDL is a Non-domiciled CLP or CDL, it must 
contain the prominent statement that the license or permit is a ``Non-
domiciled Commercial Driver's License,'' ``Non-domiciled CDL,'' ``Non-
domiciled Commercial Learner's Permit,'' or ``Non-domiciled CLP,'' as 
appropriate. The word ``Non-domiciled'' 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 Non-domiciled 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 must not display the Social Security Number on the 
CLP or CDL.
    (f) The State may issue a multipart CDL provided that:
    (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.
    (f) Current CDL holders are not required to be retested to 
determine whether they need any of the new restrictions for no full air 
brakes, no manual transmission and no tractor-trailer. These new 
restrictions only apply to CDL applicants who take skills tests on or 
after July 8, 2014 (including those applicants who previously held a 
CDL before the new restrictions went into effect).
    (g) On or after July 8, 2014 current CLP and CDL holders who do not 
have the standardized endorsement and restriction codes and applicants 
for a CLP or CDL are to be issued CLPs and CDLs with the standardized 
codes upon initial issuance, renewal, upgrade or transfer.


0
30. Revise Sec.  383.155 to read as follows:


Sec.  383.155  Tamperproofing requirements.

    States must make the CLP and 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

0
31. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.


0
32. 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 Non-domiciled CLP or CDL, as described in 
Sec.  383.73 of this subchapter.
* * * * *

0
33. Revise Sec.  384.201 to read as follows:


Sec.  384.201  Testing program.

    (a) The State shall adopt and administer a program for testing and 
ensuring the fitness of persons to operate commercial motor vehicles 
(CMVs) in accordance with the minimum Federal standards contained in 
part 383 of this title.
    (b) To obtain a copy of FMCSA pre-approved State Testing System 
referenced in Sec. Sec.  383.131, 383.133 and

[[Page 26894]]

383.135, State Driver Licensing Agencies may contact: FMCSA, CDL 
Division, 1200 New Jersey Avenue, SE, Washington DC 20590.

0
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.

0
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, 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.

0
36. Revise Sec.  384.206 to read as follows:


Sec.  384.206  State record checks.

    (a) Issuing State's records. (1) Before issuing, renewing, 
upgrading, or transferring a CLP or CDL to any person, the driver's 
State of record must, within the period of time specified in Sec.  
384.232, check its own driver records as follows:
    (i) The driver record of the person in accordance with Sec.  
383.73(b)(3)(i) of this chapter; and
    (ii) For a driver who certifies that his/her type of driving is 
non-excepted, interstate commerce according to Sec.  
383.71(b)(1)(ii)(A) of this chapter, the medical certification status 
information on the person's CDLIS driver record.
    (2) Based on the findings of its own State record check, the State 
of record must do one of the following as appropriate:
    (i) Issue, renew, upgrade, or transfer the applicant's CLP or CDL;
    (ii) In the event the State obtains adverse information regarding 
the applicant, promptly implement the disqualifications, licensing 
limitations, denials, or penalties that are called for in any 
applicable section(s) of this subpart; or
    (iii) In the event there is no information regarding the driver's 
self-certification for driving type required by Sec.  383.71(b)(1)(ii), 
or for a driver who is required by Sec.  383.71(h) to be ``certified,'' 
if the medical certification status of the individual is ``non-
certified,'' the State must deny the CDL action requested by the 
applicant and initiate a downgrade of the CDL, if required by Sec.  
383.73(j)(4) of this chapter.
    (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 driver 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 driver 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 regarding the 
applicant, promptly implement the disqualifications, licensing 
limitations, denials, or penalties that are called for in any 
applicable section(s) of this subpart.

0
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;
* * * * *

0
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 disqualifying 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.
* * * * *

0
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 parking, vehicle weight or vehicle 
defect violations), 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.
* * * * *

0
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 disqualified; or
    (c) Any type of driver's license held by such person is 
disqualified by the State where the driver is licensed for any State or 
local law related to motor vehicle traffic control (other than parking, 
vehicle weight or vehicle defect violations).

0
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.

0
42. Revise Sec.  384.212 to read as follows:

[[Page 26895]]

Sec.  384.212  Domicile requirement.

    (a) The State may issue CDLs or CLPs only to persons for whom the 
State is the State of domicile as defined in Sec.  383.5 of this 
subchapter; except that the State may issue a Non-domiciled 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.

0
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/her State or jurisdiction of 
domicile in accordance with part 383 of this subchapter;
    (b) Not disqualified; and
    (c) Valid, under the terms of part 383, subpart F, of this 
subchapter, for the type of vehicle being driven.

0
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 CLP or CDL holder, a CMV or 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.

0
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.

0
46. Amend Sec.  384.225 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  384.225  CDLIS driver recordkeeping.

* * * * *
    (a) CLP or CDL holder. Post and maintain as part of the CDLIS 
driver record:
    (1) All convictions, disqualifications and other licensing actions 
for violations of any State or local law relating to motor vehicle 
traffic control (other than parking, vehicle weight, or vehicle defect 
violations) committed in any type of vehicle.
    (2) The following medical certification status information:
    (i) Driver self-certification for the type of driving operations 
provided in accordance with Sec.  383.71(b)(1)(ii) of this chapter, and
    (ii) Information from medical certification recordkeeping in 
accordance with Sec.  383.73(o) of this chapter.
    (b) A person required to have a CLP or CDL. Record and maintain as 
part of the CDLIS driver record all convictions, disqualifications and 
other licensing actions for violations of any State or local law 
relating to motor vehicle traffic control (other than parking, vehicle 
weight, or vehicle defect violations) committed while the driver was 
operating a CMV.
* * * * *

0
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 holder's conviction for any violation, in any type of motor 
vehicle, of a State or local traffic control law (other than parking, 
vehicle weight, or vehicle defect violations) from appearing on the 
CDLIS driver record, whether the driver was convicted for an offense 
committed in the State where the driver is licensed or another State.

0
48. Add Sec.  384.227 to read as follows:


Sec.  384.227  Record of digital image or photograph.

    The State must:
    (a) Record the digital color image or photograph or black and white 
laser engraved photograph that is captured as part of the application 
process and placed on the licensing document of every person who is 
issued a CDL, as required under Sec.  383.153. The digital color image 
or photograph or black and white laser engraved photograph must either 
be made part of the driver history or be linked to the driver history 
in a separate file.
    (b) Check the digital color image or photograph or black and white 
laser engraved photograph on record whenever the CDL applicant or 
holder appears in person to renew, upgrade, or transfer a CDL and when 
a duplicate CDL is issued.
    (c) Check the digital color image or photograph or black and white 
laser engraved photograph on record whenever the CLP applicant or 
holder appears in person to renew, upgrade, or transfer a CLP and when 
a duplicate CLP is issued. If no digital color image or photograph or 
black and white laser engraved photograph exists on record, the State 
must check the photograph or image on the base-license presented with 
the CLP application.

0
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 10 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.
    (c) The training course for CDL knowledge test examiners must cover 
at least the following three 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.
    (d) The training course for CDL skills test examiners must cover at 
least the following five units of instruction:

[[Page 26896]]

    (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) Vehicle inspection test:
    (i) Test overview.
    (ii) Description of safety rules.
    (iii) Test scoring procedures.
    (iv) Scoring standards.
    (v) Calculating final score.
    (4) 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.
    (5) Road test:
    (i) Setting up the road test.
    (ii) Required maneuvers.
    (iii) Administering the road test.
    (iv) Calculating the score.
    (e) 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 five units of instruction in paragraph 
(d) of this section.
    (f) 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) For CDL knowledge test examiners, the three units of training 
described in paragraph (c) of this section.
    (2) For CDL skills test examiners, the five units of training 
described in paragraph (d) of this section.
    (3) Any State specific material and information related to 
administering CDL knowledge and skills tests.
    (4) Any new Federal CDL regulations, updates to administering the 
tests, and new safety related equipment on the vehicles.
    (g) Complete nationwide criminal background check of all skills 
test examiners prior to certifying them to administer CDL skills tests.
    (h) Complete annual nationwide criminal background check of all 
test examiners.
    (i) Maintain a record of the results of the criminal background 
check and CDL examiner test training and certification of all CDL test 
examiners.
    (j) Rescind the certification to administer CDL tests of all test 
examiners who:
    (1) Do not successfully complete the required refresher training 
every four years; or
    (2) Do not pass annual nationwide 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.
    (k) The six units of training described in paragraphs (c) and (d) 
of this section may be supplemented with State-specific material and 
information related to administering CDL knowledge and skills tests.

0
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 once every 2 years, conduct unannounced, on-site 
inspections of third party testers' and examiners' records, including 
comparison of the CDL skills test results of applicants who are issued 
CDLs with the CDL scoring sheets that are maintained in the third party 
testers' files. For third party testers and examiners who were granted 
the training and skills testing exception under section 383.75(a)(7), 
the record checks must be performed at least once every year;
    (b) At least once every two years, conduct covert and overt 
monitoring of examinations performed by State and third party CDL 
skills test examiners. For third party testers and examiners who were 
granted the training and skills testing exception under Sec.  
383.75(a)(7), the covert and overt monitoring must be performed at 
least once every year;
    (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 
of 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.

0
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, disqualifying 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.
* * * * *

0
52. Amend Sec.  384.301 by revising paragraph (e) to read as follows:


Sec.  384.301   Substantial compliance--general requirements.

* * * * *
    (e) A State must come into substantial compliance with the 
requirements of subpart B of this part in effect as of July 8, 2011 as 
soon as practical but, unless otherwise specifically provided in this 
part, not later than July 8, 2014.

0
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.

[[Page 26897]]

    (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 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/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/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

0
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.


0
55. Amend appendix B, 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 28, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-10510 Filed 5-5-11; 8:45 am]
BILLING CODE 4910-EX-P