Minimum Training Requirements for Entry-Level Driver Commercial Motor Vehicle Operators; Establishment of a Negotiated Rulemaking Committee |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
December 10, 2014
[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Proposed Rules]
[Pages 73273-73276]
From the Federal Register Online via the Government Printing 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 eldtac@dot.gov. 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 eldtac@dot.gov. 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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