[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Notices]
[Pages 57748-57750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20406]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0174]


Agency Information Collection Activities; New Information 
Collection: Effectiveness of Third-Party Testing and Minimum Standards 
for Commercial Driver's License (CDL) Knowledge and Skills Tests

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. This ICR is related to 
the collection of information to determine the effectiveness of (a) 
third party testing programs as they relate to commercial driver's 
license (CDL) skills and knowledge tests and (b) minimum testing 
standards for CDL skills and knowledge tests.

[[Page 57749]]


DATES: Comments on this notice must be received on or before November 
21, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Docket Number FMCSA-2022-0174 using any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Dockets Operations; 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: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments, see 
the Public Participation heading below. Note that all comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, and follow the 
online instructions for accessing the docket, or go to the street 
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its decision-making 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 https://www.transportation.gov/privacy, the comments are 
searchable by the name of the submitter.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``FAQ'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division, 
Office of Analysis, Research, and Technology, DOT, FMCSA, West Building 
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 202-
366-4354; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The CDL Program was enacted through the Commercial Motor Vehicle 
Safety Act of 1986 (CMVSA) (Pub. L. 99-570, 100 Stat. 3207-170) in 
response to jurisdiction concerns about avoidable commercial motor 
vehicle (CMV) crashes and commercial driver qualifications. The CMVSA 
required the Secretary of Transportation to promulgate regulations 
establishing minimum Federal requirements for CMV driver licensing, 
testing, qualifications, and driver classifications depending on the 
vehicle configuration. CMVSA further established the ``one driver, one 
license'' requirement, prohibiting any person who does not hold a valid 
CDL or learner's permit issued by his or her jurisdiction of domicile 
from operating a CMV that requires a driver with a CDL and established 
additional requirements for drivers who transport hazardous materials. 
The prohibition further affected driver training activities by 
requiring trainees to receive the training and behind-the-wheel 
experience necessary to acquire their CDL in their jurisdiction of 
domicile. CMVSA became law in 1992 and the requirements of the Act are 
implemented in Title 49, Code of Federal Regulations (CFR), Parts 383 
and 384, with Part 383.51 establishing disqualifications and penalties 
for drivers convicted of traffic violations.
    In 2005, AAMVA developed a model testing system that FMCSA 
approved, thus ensuring that jurisdictions using the Test Model 
maintain compliance with Federal Motor Carrier Safety Regulations 
(FMCSRs) governing CDL program training and licensing standards. In 
2011, FMCSA established by regulation a requirement that all 
jurisdictions utilize a testing system that substantially conforms with 
the AAMVA 2005 Test Model (76 FR 26853). The Test Model, which was 
upgraded in 2010 and 2014, is currently being used to some degree in 
all 51 jurisdictions, however, the safety benefits and potential 
benefits of utilizing the AAMVA V Test Model have not been fully 
evaluated.
    In the Moving Ahead for Progress in the 21st Century Act 
legislation signed into law on July 6, 2012, Congress passed a 
requirement for FMCSA to establish an entry level driver training 
(ELDT) program that both enhanced existing training standards and 
established minimum level CDL requirements consistent across all 
jurisdictions (Pub. L. 112-141, 126 Stat. 405). FMCSA's goal was to 
raise the standard of training, improve the quality of training, and 
ensure that each location developed a Safety Management System to 
reduce commercial vehicle accidents in every jurisdiction. Implemented 
in 49 CFR part 380, subpart F, the ELDT rule revised the mandatory 
training requirements for entry-level CMV operators who are required to 
possess a Class A or B commercial driver license; seek to upgrade their 
CDL; or wish to obtain a hazardous material, school bus, or passenger 
endorsement (86 FR 34631). The ELDT program was implemented beginning 
February 7, 2022.
    An additional benefit of implementing ELDT is that the training 
standards and minimum level CDL requirements will apply to both 
jurisdiction and third-party examiners. Many jurisdictions rely 
extensively on third-party entities to provide training and conduct 
knowledge and skills tests. FMCSA currently prohibits the same third-
party entity from serving as both trainer and examiner. Current 
prohibitions limit the ability jurisdictions have to increase training 
capacity. This has resulted in the more frequent use of third-party 
entities to make up shortfalls between the demand for CDLs and a 
jurisdiction's ability to provide training and examinations. There is a 
well-documented driver shortfall in the trucking industry and the use 
of third-party entities to conduct training and examinations helps with 
increasing examiner capacity and reducing delays in drivers being 
issued CDLs. However, a challenge for FMCSA and jurisdictions is that 
to date, there is limited research available correlating driver 
performance with the type of training received (jurisdiction or third 
party).
    An additional challenge that has faced the CDL program since its 
inception has been fraud associated with the current AAMVA test model. 
The provisions of 49 CFR 384.228 and 384.229 are intended to provide 
states with a mechanism for detecting potential fraud and ensuring that 
all requirements are being addressed. Maintaining proper oversight and 
auditing third-party training providers remains a challenge

[[Page 57750]]

for SDLAs. The Training Provider Registry requirement for self-
certification of compliance with ELDT and state licensing requirements 
adds to this challenge and will require SDLAs to allocate additional 
resources to ensure third-party training provider self-certifications 
are accurate and meet all requirements.
    To address these information gaps, FMCSA is conducting a project 
titled ``Effectiveness of Third-Party Testing and Minimum Standards for 
the CDL Knowledge and Skills Test'', which will assess the 
effectiveness of the ELDT program, assess third-party training provider 
performance, and verify/validate compliance with ELDT minimum 
standards. This project is intended to address the following research 
questions:
    1. Is there evidence of increasing or decreasing fraud among third-
party examiners based on the pass rates and subsequent safety history 
of CDL holders who were tested by third-party testers?
    2. Are there significant differences in the outcomes of third-party 
testing on CDL testing?
    3. Would it be feasible to conduct a future study on the safety 
impacts of delegating CDL knowledge testing to third-party testers 
based on available data?
    4. How do the driving histories of drivers who received behind-the-
wheel training (pre-ELDT requirements) compare to drivers who completed 
the new ELDT requirements?
    5. How do the driving histories of drivers who received theory 
instruction (pre-ELDT requirements) compare to drivers who completed 
the new ELDT requirements?
    6. How do skills test pass rates of drivers pre-ELDT compliance 
compare to pass rates of drivers after the ELDT compliance date?
    7. Are there identifiable safety benefits that have been realized 
by the adoption of the 2005 AAMVA CDL Test Model?
    8. Are there external factors preventing SDLAs and the CDL 
community from achieving the full potential of safety benefits of the 
2005 AAMVA CDL Test Model?
    This one-time survey is necessary to determine institutional and 
programmatic issues in assessing the effectiveness of the ELDT programs 
and where improvements should be made; this will ultimately contribute 
to the safety of our transportation system. The survey will allow 
researchers to determine which version of the AAMVA V test model (or 
equivalent) is being utilized, as required by 49 CFR parts 383.131-133.
    Title 23, United States Code (U.S.C.), Chapter 4, Section 403 
authorizes the Secretary to use funds appropriated to carry out this 
section to conduct research and development activities, including 
demonstration projects and the collection and analysis of highway and 
motor vehicle safety data and related information with respect to all 
aspects of highway and traffic safety systems and conditions relating 
to vehicle, highway, driver, passenger, motorcyclist, bicyclist, and 
pedestrian characteristics; accident causation and investigations; and 
human behavioral factors and their effect on highway and traffic 
safety, including driver education, impaired driving and distracted 
driving; and research on, evaluations of, and identification of best 
practices related to driver education programs (including driver 
education curricula, instructor training and certification, program 
administration, and delivery mechanisms) and make recommendations for 
harmonizing driver education and multistage graduated licensing 
systems; and the effect of State laws on any aspects, activities, or 
programs described in subparagraphs (A) through (E). (See 23 U.S.C. 
403(b)(1)(A)(i)-(ii), 23 U.S.C. 403(b)(1)(B)(i)-(iii), 23 U.S.C. 
403(b)(1)(E), 23 U.S.C. 403(b)(1)(F)).
    Title: Effectiveness of Third-Party Testing and Minimum Standards 
for Commercial Driver's License (CDL) Knowledge and Skills Tests.
    OMB Control Number: 2126-00XX.
    Type of Request: New ICR.
    Respondents: State and local Government employees (management, 
professional and related); one respondent per State and one respondent 
for the District of Columbia.
    Estimated Number of Respondents: 51 respondents.
    Estimated Time per Response: 1.42 hours per respondent.
    Expiration Date: N/A. This is a new ICR.
    Frequency of Response: There is a one-time response to the survey 
per respondent.
    Estimated Total Annual Burden: 72.42 hours (1.42 hours per response 
x 51 respondents) at an estimated cost of $4,749.63 ($93.13 per 
respondent x 51 respondents).
    Definitions: N/A.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The Agency will summarize or include your 
comments in the request for OMB's clearance of this ICR.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-20406 Filed 9-20-22; 8:45 am]
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