[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Proposed Rules]
[Pages 73273-73276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28919]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 380

[Docket No. FMCSA-2007-27748]


Minimum Training Requirements for Entry-Level Driver Commercial 
Motor Vehicle Operators; Establishment of a Negotiated Rulemaking 
Committee

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

ACTION: Notice of Intent to Establish the Entry-Level Driver Training 
Advisory Committee (ELDTAC); Solicitation of Applications and 
Nominations for Membership.

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SUMMARY: The FMCSA announces its intent to establish a negotiated 
rulemaking (``Reg Neg'') committee to negotiate and develop proposed 
regulations to implement section 32304 of the Moving Ahead for Progress 
in the 21st Century Act (MAP-21) concerning entry-level driver training 
(ELDT) for commercial motor vehicles (CMV) operating in interstate or 
intrastate commerce. The committee will include representatives of 
organizations or groups with interests that are affected significantly 
by the subject matter of the proposed regulations. The FMCSA

[[Page 73274]]

anticipates that these parties will include driver organizations, CMV 
training organizations, motor carriers of property and passengers and 
their associations, State licensing agencies, State enforcement 
agencies, labor unions, safety advocacy groups, and insurance 
companies. This notice provides notice to parties who seek to serve on 
the committee, and seeks comment on the proposal to establish the 
Committee and on the proposed membership. To the extent possible, the 
Agency will select from the nominees individual negotiators who reflect 
the diversity among the organizations or groups represented.

DATES: The deadline for comments and nominations for Committee members 
must be received on or before January 9, 2015.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2007-27748 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 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.
     Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

Submission of Nominations

    All nomination materials should be submitted electronically via 
email to [email protected]. Any person needing accessibility 
accommodations should contact Ms. Shannon L. Watson, Senior Policy 
Advisor, FMCSA, at (202) 366-2551.

FOR FURTHER INFORMATION CONTACT: Shannon L. Watson, Office of Policy, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001 or by telephone at 202-366-2551.

SUPPLEMENTARY INFORMATION: 

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2007-27748), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that FMCSA can contact you if there are questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2007-27748, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may draft a notice of proposed rulemaking based on 
your comments and other information and analysis.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2007-27748, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the Internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal 
holidays.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    On August 19, 2014, FMCSA announced by notice in the Federal 
Register that it had retained a neutral convener, Mr. Richard Parker, a 
professor of law at the University of Connecticut School of Law, 
through a contractor, Strategic Consulting Alliances, LLC to speak with 
interested parties (from the organizational interests delineated above) 
about the feasibility of conducting of a Reg Neg on ELDT [79 FR 49044, 
August 19, 2014; and 79 FR 56547, September 22, 2014]. As part of the 
first step in this process, Mr. Parker conducted these interviews and 
is preparing a report to the Agency regarding the feasibility of 
conducting a negotiated rulemaking. Based on the convener's 
recommendation and on the statutory factors in the Negotiated 
Rulemaking Act (5 U.S.C. 563), FMCSA has decided to establish a 
negotiated rulemaking committee (5 U.S.C. 564). The convening report 
will be available both in the rulemaking docket at FMCSA-2007-27748 and 
on the Internet at eldtac.fmcsa.dot.gov.
    The FMCSA has prepared a draft charter to govern the activities of 
the Committee in accordance with the Federal Advisory Committee Act 
(FACA), 5 U.S.C., App. 2. In accordance with section 14 of FACA, the 
draft charter provides up to 2 years for the Committee's duration. 
However, FMCSA intends to complete the Reg Neg for the proposed rule 
within the first half of 2015 and publish a Notice of Proposed 
Rulemaking (NPRM) the same year, followed by a Final Rule in 2016.
    On September 19, 2013, FMCSA withdrew its December 26, 2007, NPRM 
that proposed new ELDT standards for individuals applying for a 
commercial driver's license (CDL) to operate CMVs in interstate 
commerce [78 FR 57585, September 19, 2013]. The Agency withdrew the 
2007 proposal because commenters to the NPRM, and participants in the 
Agency's public listening sessions in 2013, raised substantive issues 
that led the Agency to conclude that it would be inappropriate to move 
forward with a final rule based on the proposal. In addition, since the 
NPRM was published, FMCSA received new statutory authority on ELDT from 
Congress in MAP-21, which added Sec.  32304(c) (codified at 49 U.S.C. 
31305 and 31308). Finally, the Agency tasked its Motor Carrier Safety 
Advisory Committee (MCSAC) to provide ideas the Agency should consider 
in implementing the MAP-21 requirements. In consideration of the above, 
the Agency concluded that a new

[[Page 73275]]

rulemaking should be initiated in lieu of completing the 2007 
rulemaking.

FMCSA's Intent

    This negotiated rulemaking committee will be engaged in a 
consensus-based process regarding, but not limited to, the following 
issues:
    (1) Development of minimum training requirements for individuals 
applying for a CDL for the first time or upgrading from one class of 
CDL to another class;
    (2) Determining the amount of behind-the-wheel training and 
classroom instruction;
    (3) Gathering and provision of data to quantify the costs and 
safety benefits of training;
    (4) Accreditation vs. certification of ELDT programs and schools;
    (5) Contents of driver training curricula, including separate 
course modules for motorcoach and passenger carriers, as well as 
hazardous materials carriers;
    (6) Instructor qualifications and requirements; and
    (7) A performance-based approach vs. a minimum hours of training 
approach, as well as simulation training and special considerations.
    The Committee's scope will exclude certain issues that were 
discussed by the convener with the parties in developing the convener's 
report. The Agency acknowledges the views and concerns of the 
participants in the convening process. However, FMCSA believes the 
scope of the rulemaking should focus on the MAP-21 provisions with a 
commitment to address other issues if and as appropriate in subsequent 
rulemaking or other actions. Based on the comments provided in the 
convening report, FMCSA is aware that interested parties sought 
clarification regarding the scope and organization of issues within the 
Reg Neg. Set forth below is the agency's view on these issues:
    (1) 10,001-26,000 lbs. vehicles--The inclusion of this category is 
not a MAP-21 requirement. Attempting to address this issue in the ELDT 
rulemaking would add significantly to both the rulemaking's cost and 
complexity. Drivers of these vehicles are not required to have a CDL. 
At this time, the Agency is not aware of any data to suggest that 
imposing the CDL requirements on this class of drivers would have 
quantifiable safety benefits or that imposing rigorous driver training 
standards on this class of drivers is necessary.
    (2) Interstate vs. intrastate drivers--MAP-21 makes it clear that 
FMCSA must cover both interstate and intrastate drivers. As was 
presented in the Agency's 2007 NPRM [72 FR 73226], the Agency's 
previous decision on the scope of the 2007 NPRM is superseded by the 
explicit language in MAP-21.
    (3) Bus Curriculum Committee--Due to costs and logistical 
challenges, the Agency will not establish a separate plenary committee 
to address bus issues. As delineated in the charter, the Agency may 
establish subcommittees to the ELDTAC. FMCSA supports fully 
establishing a passenger-carrying CMV driver training subcommittee to 
explore how best to handle the bus/motorcoach/school bus issues.
    (4) Post-CDL ``Finishing School'' instruction requirements--As the 
focus of this Committee is to implement the MAP-21 requirements, the 
Agency will not explore post-CDL training requirements in this 
rulemaking, except with regard to CDL upgrades and obtaining passenger 
and hazardous materials endorsements.
    The establishment of the ELDTAC is necessary for the Agency to 
carry out its mission and is in the public interest. The Committee will 
operate in accordance with the provisions of the Federal Advisory 
Committee Act and the rules and regulations issued in implementation of 
that Act.
    This notice also requests nominations for members of the Committee 
to ensure a wide range of member candidates and a balanced committee.

Request for Nominations

    The Department of Transportation is hereby soliciting nominations 
for members of the ELDTAC. The FMCSA Administrator will appoint 
approximately 20 Committee members, including representatives of FMCSA, 
who will each serve for up to one two-year term. Members will be 
experts in their respective fields and appointed as Special Government 
Employees or representatives of entities or interests including but not 
limited to the following: CMV driver training organizations; industry 
representatives; representatives of driver training schools; motor 
carriers (of property and passengers) and associations; State licensing 
agencies; State enforcement agencies; labor unions; safety advocacy 
groups; insurance companies; and others selected with a view toward 
achieving varied perspectives on ELDT. The Committee will seek to 
balance these interests to the extent practicable.
    Persons who will be significantly affected by a proposed rule and 
who believe that their interests will not be adequately represented by 
any person specified in this notice may apply for, or nominate another 
person for, membership on the negotiated rulemaking committee to 
represent such interests with respect to the proposed rule. FMCSA 
invites comment and suggestions on whether the following list 
identifies an accurate and reasonably comprehensive pool of affected 
interests and stakeholders for purposes of composing a negotiated 
rulemaking committee:
    Federal Motor Carrier Safety Administration (Larry W. Minor, 
Associate Administrator for Policy);
    Advocates for Highway and Auto Safety;
    American Association of Motor Vehicle Administrators (AAMVA);
    American Bus Association (ABA);
    American Federation of Labor and Congress of Industrial 
Organizations (AFL-CIO);
    American Trucking Associations (ATA);
    Citizens for Reliable and Safe Highways (CRASH);
    Commercial Vehicle Safety Alliance (CVSA);
    Commercial Vehicle Training Association (CVTA);
    International Brotherhood of Teamsters;
    National Association of Publicly Funded Truck Driving Schools 
(NAPFTDS);
    National Association of Small Trucking Companies;
    National Association of State Directors of Pupil Transportation 
Services;
    National Private Truck Council;
    National School Transportation Association;
    Owner-Operator Independent Drivers Association (OOIDA);
    Professional Truck Drivers Institute (PTDI);
    Truckload Carriers Association;
    Truck Safety Coalition;
    United Motorcoach Association;
    Women in Trucking;
     A large motorcoach operator with a pre-CDL driver training 
program;
     A large trucking company with a pre-CDL driver training 
program;
     A State licensing agency;
     A representative of the CMV insurance industry.
    The list provided above includes stakeholders that FMCSA has 
identified tentatively as either being a potential member of the 
committee or a potential member of a coalition that would in turn 
nominate a candidate to represent one of the significantly affected 
interests. The list is not presented as a complete or exclusive list 
from which committee members will be selected. Nor does inclusion on 
the list of potential parties mean that a listed party has agreed to 
participate as a member of

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the committee or as a member of a coalition. The list merely indicates 
parties that FMCSA tentatively has identified as representing 
significantly affected interests in the proposed rule establishing ELDT 
requirements. If anyone believes their interests will not be adequately 
represented by these organizations, they must demonstrate and document 
that assertion through an application. FMCSA requests comments and 
suggestions regarding its tentative list of potential members of the 
Committee.
    The Committee is expected to meet from February-June 2015 for 
approximately 1-2 days every 2-3 weeks, or as necessary. Subcommittees 
may be formed to address specific ELDT issues. Such subcommittees will 
report back to the parent ELDTAC and not report any advice or work 
products directly to the Agency. Some Committee members may be 
appointed as special Government employees and will be subject to 
certain ethical restrictions, and such members will be required to 
submit certain information in connection with the appointment process. 
The FMCSA's Office of Policy will provide appropriate funding, 
logistics, administrative, and technical support for the Committee. And 
FMCSA subject matter experts, attorneys and economists will also 
provide support to the Committee.

Process and Deadline for Submitting Nominations

    Qualified individuals can self-nominate or be nominated by any 
individual or organization. To be considered for the ELDTAC, nominators 
should submit the following information:
    (1) Name, title, and relevant contact information (including phone 
and email address) and a description of the interests such a person 
seeking consideration shall represent;
    (2) A letter of support from a company, union, trade association, 
or non-profit organization on letterhead containing a brief description 
why the nominee should be considered for membership and is authorized 
to represent parties related to the interests such person proposes to 
represent;
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration;
    (4) Short biography of nominee including professional and academic 
credentials;
    (5) An affirmative statement that the nominee meets all Committee 
eligibility requirements;
    (6) The reasons that the parties identified in the above list of 
affected interests and stakeholders do not adequately represent the 
interests of the person submitting the application or nomination.

Please do not send company, trade association, or organization 
brochures or any other information. Materials submitted should total 
two pages or less. Should more information be needed, DOT staff will 
contact the nominee, obtain information from the nominee's past 
affiliations, or obtain information from publicly available sources, 
such as the Internet.
    Nominations may be emailed to [email protected]. Nominations must be 
received before January 9, 2015. Nominees selected for appointment to 
the Committee will be notified by letter of appointment by return 
email.
    Nominations are open to all individuals without regard to race, 
color, religion, sex, national origin, age, mental or physical 
handicap, marital status, or sexual orientation. To ensure that 
recommendations to the Administrator take into account the needs of the 
diverse groups served by DOT, membership shall include, to the extent 
practicable, individuals with demonstrated ability to represent 
minorities, women, and persons with disabilities.

    Issued on: December 4, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-28919 Filed 12-9-14; 8:45 am]
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