Minimum Training Requirements for Entry-Level Drivers of Commercial Motor Vehicles: Negotiated Rulemaking Committee Membership and First Meeting

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
February 12, 2015

[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Proposed Rules]
[Pages 7814-7815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02967]



[[Page 7814]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III

[Docket No. FMCSA-2007-27748]


Minimum Training Requirements for Entry-Level Drivers of 
Commercial Motor Vehicles: Negotiated Rulemaking Committee Membership 
and First Meeting

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

ACTION: Notice of advisory committee membership and public meeting.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces the appointment of members to the Entry-Level 
Driver Training Advisory Committee (ELDTAC) established to complete a 
negotiated rulemaking on Entry-Level Driver Training (ELDT) for 
individuals who want to operate Commercial Motor Vehicles (CMVs). 
ELDTAC is a negotiated rulemaking committee established to develop a 
Notice of Proposed Rulemaking (NPRM) to implement section 32304 of the 
Moving Ahead for Progress in the 21st Century (MAP-21) concerning ELDT 
standards for individuals applying for a commercial driver's license 
(CDL) or CDL upgrade. Additionally, the Agency announces that the first 
meeting of the ELDTAC will be held on February 26 and 27, 2015. The 
meeting is open to the public for its entirety and there will be a 
public comment period at the end of each day.

DATES: The meeting will be held Thursday-Friday, February 26-27, 2015, 
from 9 a.m. to 4:30 p.m., Eastern Daylight Time (E.T.), at the Hyatt 
Regency Crystal City, 2799 Jefferson Davis Highway, Arlington, VA 
22202, (703) 418-1234, in the Tidewater room on the Ballroom level. 
Copies of all ELDTAC materials and an agenda will be made available in 
advance of the meeting at http://www.fmcsa.dot.gov/eldtac.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Policy 
Advisor, Federal Motor Carrier Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 
(202) 366-2551, eldtac@dot.gov.
    Services for Individuals with Disabilities:
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the meeting, contact 
Eran Segev at (617) 494-3174, eran.segev@dot.gov, by Wednesday, 
February 18.

SUPPLEMENTARY INFORMATION: 

I. Background

Entry-Level Driver Training

    Section 32304 of the Moving Ahead for Progress in the 21st Century 
(MAP-21) (Pub. L. 112-141, 126 Stat. 405 (July 6, 2012)) requires FMCSA 
to establish new regulations concerning ELDT. MAP-21 requires ``that 
the training regulations address knowledge and skills for motor vehicle 
operation, specific requirements for hazmat and passenger endorsements, 
create a certificate system for meeting requirements, and require 
training providers to demonstrate that their training meets uniform 
standards.'' The new requirements would apply to individuals seeking a 
CDL to operate CMVs, as defined in 49 CFR 383.5.
    On August 19, 2014 (79 FR 49044), FMCSA announced that the Agency 
would explore the feasibility of conducting a negotiated rulemaking 
concerning entry-level driver training for drivers of CMVs. The Agency 
announced the hiring of a convener to speak with interested parties 
about the feasibility of conducting an ELDT negotiated rulemaking and 
requested public comments by September 18, 2014. As part of the first 
step in this process, the convener conducted these interviews and 
submitted a report to the Agency on November 26, 2014, regarding the 
feasibility of conducting a negotiated rulemaking. The convening report 
is available both in the rulemaking docket at FMCSA-2007-27748 and on 
the Internet at eldtac.fmcsa.dot.gov.
    On December 10, 2014 (79 FR 73273), FMCSA announced its intent to 
establish a negotiated rulemaking committee to negotiate and develop 
proposed regulations to implement the MAP-21 provision concerning ELDT 
based on the recommendations of the convener.

ELDTAC

    The ELDTAC is established by charter in accordance with the Federal 
Advisory committee Act (FACA), 5 U.S.C., App. 2. Transportation 
Secretary Anthony Foxx signed the ELDTAC charter on January 15, 2015, 
which provides up to 2 years for the Committee's duration, in 
accordance with section 14 of FACA. Additionally, as the ELDTAC is a 
negotiated rulemaking committee (``Reg Neg''), it complies with the 
Negotiated Rulemaking Act (5 U.S.C. 564). The Committee is effective 
from the date of signature through January 15, 2017. The Agency 
announced in the Federal Register on December 10, 2014 its intention to 
establish a negotiated rulemaking committee to negotiate and develop 
proposed regulations on entry-level driver training, as recommended by 
the neutral convener, Mr. Richard Parker, in his report to FMCSA on the 
feasibility of such a rulemaking. Mr. Parker, a professor of law at the 
University of Connecticut School of Law and a contractor for Strategic 
Consulting Alliances, LLC, will serve as the facilitator for the 
ELDTAC. The convening report is available in the rulemaking docket at 
FMCSA-2007-27748 and on the Internet at www.fmcsa.dot.gov/eldtac.

ELDTAC Membership

    In its December 10, 2014, Federal Register notice, the Agency 
announced that it was soliciting applications and nominations for 
membership on the ELDTAC. These members are 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. In an effort to balance these interests to the 
extent practicable, the FMCSA Acting Administrator hereby appoints the 
following members, who will each serve for up to one two-year term:

 Larry W. Minor, Associate Administrator for Policy, FMCSA
 Peter Kurdock, Director, Regulatory Affairs, Advocates for 
Highway and Auto Safety
 Kevin Lewis, Director, Driver Programs, American Association 
of Motor Vehicle Administrators
 Clyde Hart, Vice President, Government Affairs, American Bus 
Association
 Lauren Samet, Assistant Director, Paraprofessional and School-
Related Personnel, American Federation of Teachers, AFL-CIO
 Ed Watt, Director, Special Projects, Amalgamated Transit 
Union, AFL-CIO
 Boyd Stephenson, Director, Hazardous Materials and Commercial 
Licensing Policy, American Trucking Associations
 Ron Wood, Washington, DC, Volunteer Coordinator, Citizens for 
Reliable and Safe Highways

[[Page 7815]]

 Bob Tershak, Master Trooper, Virginia State Police, Commercial 
Vehicle Safety Alliance
 Carl Spatocco, Regional Vice President, Educational 
Affiliates, Commercial Vehicle Training Association
 David R. Parker, Senior Legal Counsel, Great West Casualty 
Company
 Al Smith, Director, Safety and Security, Greyhound Lines, Inc.
 LaMont Byrd, Director, Health and Safety, International 
Brotherhood of Teamsters
 Margaret Rohanna, School Bus Program Manager, Massachusetts 
Registry of Motor Vehicle Division, Massachusetts Department of 
Transportation
 Martin Garsee, President, National Association of Publicly 
Funded Truck Driving Schools
 Jim Edwards, Washington Representative, National Association 
of Small Trucking Companies
 Charlie Hood, President, National Association of State 
Directors of Pupil Transportation Services
 Bob Ramsdell, Chief Operating Officer, West, Durham School 
Services, National School Transportation Association
 Scott Grenerth, Director, Regulatory Affairs, Owner-Operator 
Independent Drivers Association
 David Money, Chairman, Board of Directors, Professional Truck 
Drivers Institute
 Louis Spoonhour, Senior Advisor for CDL Programs, Stevens 
Transport
 Bryan Spoon, Owner-Operator, Spoon Trucking
 David Heller, Director, Safety and Policy, Truckload Carriers 
Association
 John Lannen, Executive Director, Truck Safety Coalition
 Ken Presley, Vice President, Industry Operations, and Chief 
Operating Officer, United Motorcoach Association
 Ellen Voie, President and CEO, Women in Trucking

II. Meeting Participation

    Oral comments from the public will be heard during the last half-
hour of the meetings each day. Should all public comments be exhausted 
prior to the end of the specified period, the comment period will 
close.

III. Submitting Written Comments

    Members of the public may submit written comments on the topics to 
be considered during the meeting by Wednesday, February 18, to Federal 
Docket Management System (FDMC) Docket Number FMCSA-2007-27748. If you 
submit a comment, please include the docket number for this notice 
(FMCSA-2007-27748). 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.

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.

IV. Future Committee Meetings and Rulemaking Calendar

    Decisions with respect to future meetings will be made at the first 
meeting and from time to time thereafter. Notices of all future 
meetings will be published in the Federal Register at least 15 calendar 
days prior to each meeting. In coordination with the Reg Neg 
facilitator, FMCSA has developed a provisional schedule of committee 
meetings, running through May 2015, which the facilitator plans to 
finalize with the committee during the first meeting.
    FMCSA intends to complete the Reg Neg process for the proposed rule 
within the first half of 2015 and to publish a Notice of Proposed 
Rulemaking (NPRM) this year, followed by a Final Rule in 2016. After 
the conclusion of the committee meetings, the Agency will draft the 
NPRM, which is expected to take approximately 6-8 weeks, depending on 
the degree of consensus on the issues and the supporting data developed 
by the committee. The NPRM will then be reviewed by DOT's Office of the 
Secretary and the Office of Management and Budget (OMB). The Agency 
will then publish the NPRM for public comment.
    Following the close of the public comment period the Agency will 
evaluate and respond to public comments as it drafts a final rule, 
which will also undergo Departmental and OMB review. Although the time 
needed to address public comments to an NPRM that has been developed 
through a successful negotiated rulemaking process is typically shorter 
than for rules conducted through the ordinary informal notice and 
comment process, the Agency must nonetheless address substantive public 
comments in the final rule, in accordance with the Administrative 
Procedure Act. While the Agency cannot state with certainty the time 
required to complete the Reg Neg process and notice and comment 
rulemaking, the target date for publication of an NPRM is October 15, 
2015.

    Issued on: February 9, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-02967 Filed 2-10-15; 8:45 am]
BILLING CODE 4910-EX-P