Extension of Compliance Date for Entry-Level Driver Training |
|---|
|
Jim Mullen
Federal Motor Carrier Safety Administration
4 February 2020
[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Rules and Regulations]
[Pages 6088-6101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01548]
[[Page 6088]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 380, 383, and 384
[Docket No. FMCSA-2007-27748]
RIN 2126-AC25
Extension of Compliance Date for Entry-Level Driver Training
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Interim final rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: FMCSA is amending its December 8, 2016, final rule, ``Minimum
Training Requirements for Entry-Level Commercial Motor Vehicle
Operators'' (ELDT final rule), by extending the compliance date for the
rule from February 7, 2020, to February 7, 2022. This action will
provide FMCSA additional time to complete development of the Training
Provider Registry (TPR). The TPR will allow training providers to self-
certify that they meet the training requirements and will provide the
electronic interface that will receive and store entry-level driver
training (ELDT) certification information from training providers and
transmit that information to the State Driver Licensing Agencies
(SDLAs). The extension also provides SDLAs with time to modify their
information technology (IT) systems and procedures, as necessary, to
accommodate their receipt of driver-specific ELDT data from the TPR.
FMCSA is delaying the entire ELDT final rule, as opposed to a partial
delay as proposed, due to delays in implementation of the TPR that were
not foreseen when the proposed rule was published.
DATES: This interim final rule is effective February 4, 2020. Comments
on this interim final rule must be received on or before March 20,
2020.
Petitions for Reconsideration of this interim final rule must be
submitted to the FMCSA Administrator no later than March 5, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
(202) 366-4325, MCPSD@dot.gov. If you have questions on viewing or
submitting material to the docket, contact Docket Operations, (202)
366-9826.
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.
SUPPLEMENTARY INFORMATION:
This interim final rule is organized as follows:
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Interim Final Rule
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Regulatory History
VI. Discussion of Proposed Rule
VII. Discussion of Comments and Responses
VIII. Discussion of Interim Final Rule
IX. International Impacts
X. Section-by-Section
XI. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory
Costs)
C. Congressional Review Act
D. Regulatory Flexibility Act (Small Entities)
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act (Collection of Information)
H. E.O. 13132 (Federalism)
I. E.O. 12988 (Civil Justice Reform)
J. E.O. 13045 (Protection of Children)
K. E.O. 12630 (Taking of Private Property)
L. Privacy
M. E.O. 12372 (Intergovernmental Review)
N. E.O. 13211 (Energy Supply, Distribution, or Use)
O. E.O. 13175 (Indian Tribal Governments)
P. National Technology Transfer and Advancement Act (Technical
Standards)
Q. Environment
R. E.O. 13783 (Promoting Energy Independence and Economic
Growth)
I. Rulemaking Documents
A. Submitting Comments
If you submit a comment, please include the docket number for this
interim final rule (Docket No. FMCSA-2007-27748), indicate the specific
section of this document to which each section 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/#!docketDetail;D=FMCSA-2007-27748, 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.
FMCSA will consider all comments and material received during the
comment period and may change this interim final rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Confidential Business Information
Confidential business information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
the interim final rule contain commercial or financial information that
is customarily treated as private, that you actually treat as private,
and that is relevant or responsive to this interim final rule, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this interim final rule.
[[Page 6089]]
Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief,
Regulatory Analysis Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Any
comments FMCSA receives which are not specifically designated as CBI
will be placed in the public docket for this rulemaking.
FMCSA will consider all comments and material received during the
comment period.
B. 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/#!docketDetail;D=FMCSA-2007-27748 and choose the
document to review. If you do not have access to the internet, you may
view the docket online by visiting Docket Operations 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., Monday through Friday,
except Federal holidays.
C. 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.
II. Executive Summary
A. Purpose and Summary of the Interim Final Rule
FMCSA extends the compliance date for the 2016 final rule,
``Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators'' (81 FR 88732, December 8, 2016), from February 7,
2020, to February 7, 2022. The two-year extension applies to all
requirements established by the ELDT final rule, including:
1. The date by which training providers must begin uploading
driver-specific training certification information into the TPR, an
electronic database that will contain ELDT information;
2. The date by which SDLAs must confirm that applicants for a
commercial driver's license (CDL) have complied with ELDT requirements
prior to taking a specified knowledge or skills test;
3. The date by which training providers wishing to provide ELDT
must be listed on the TPR; and
4. The date by which drivers seeking a CDL or endorsement must
complete the required training, as set forth in the ELDT final rule.
This extension is necessary so that FMCSA can complete the IT
infrastructure to support the TPR, which will allow training providers
to self-certify, request listing on the TPR, and upload the driver-
specific ELDT completion information to the TPR. Completion of the TPR
technology platform is also necessary before driver-specific ELDT
completion information can be transmitted from the TPR to the SDLAs.
This delay also provides SDLAs time to make changes, as necessary, to
their IT systems and internal procedures to allow them to receive the
driver ELDT completion information transmitted from the TPR.
In addition to providing for this delay, FMCSA is also making
clarifying and conforming changes to the regulations established by the
ELDT final rule, as proposed. FMCSA does not make any other substantive
changes to the requirements established by the ELDT final rule.
B. Costs and Benefits
In the 2016 ELDT final regulatory impact analysis (RIA), entry-
level drivers, motor carriers, training providers, SDLAs, and the
Federal government were estimated to incur costs for compliance and
implementation. In 2019, FMCSA published a separate final rule that
amended the existing ELDT regulations by adopting a new Class A CDL
theory instruction upgrade curriculum to reduce the training time and
costs incurred by Class B CDL holders upgrading to a Class A CDL.
In the 2016 and 2019 final rules, FMCSA projected costs and
benefits beginning in 2020. Because FMCSA is delaying ELDT
implementation to 2022, this regulatory evaluation accounts for the
costs and benefits that will therefore not be realized in years 2020
through 2021, as well as the temporal shift of the 2016 and 2019 final
rules' costs and benefits to years 2022 and beyond. Because FMCSA
estimated the net impact of the 2016 and 2019 final rules to include
both costs and benefits, we estimate the delay to result in cost
savings and disbenefits. Updated to 2018 dollars,\1\ the 2016 final
rule resulted in annualized costs of $390 million at a 3 percent
discount rate and $391 million at a 7 percent discount rate. The 2016
final rule resulted in annualized benefits of $251 million at a 3
percent discount rate and $252 million at a 7 percent discount rate,
also updated to 2018 dollars. The 2019 final rule reduced those
annualized costs by $19 million (in 2018 dollars) at both 3 percent and
7 percent discount rates, and did not have an impact on benefits. The
Agency estimates this final rule will result in annualized cost savings
of $179 million and $196 million at 3 percent and 7 percent discount
rates, respectively, over a 4-year period from 2020 through 2023.\2\
The Agency estimates this final rule will result in annualized forgone
benefits of $108 million at a 3 percent discount rate and $112 million
at a 7 percent discount rate. In the summary table below, FMCSA
presents the changes in total costs and benefits that will result from
this rule relative to the baseline.
---------------------------------------------------------------------------
\1\ All estimates in this analysis have been updated from 2014
dollars to 2018 dollars using a multiplier of 1.065. The GDP
deflator for 2014 is 103.680 and the deflator for 2018 is 110.389.
110.389/103.680 = 1.065. This is based on Implicit Price Deflators
for Gross Domestic Product (GDP) from on the Bureau of Economic
Analysis (BEA) archive of National Accounts (NIPA) data that were
initially published on March 1, 2019 in connection with the Initial
estimates for 2018 Q4. Accessed April 2019 at https://apps.bea.gov/histdata/fileStructDisplay.cfm?HMI=7&DY=2018&DQ=Q4&DV=Initial&dNRD=March-1-2019.
\2\ In the previous ELDT RIAs, the Agency annualized impacts
across a 10-year period. FMCSA annualizes the costs and benefits of
this final rule across 4 years as, compared to the baseline, there
will be no change in costs or benefits under this NPRM for years 5
through 10 (2024-2029). While FMCSA did not use the following values
in the analysis, for comparison with the previous rules, the cost
savings of this final rule annualized across 10 years would be $78
million at a 3% discount rate and $95 million at a 7% discount rate.
The forgone benefits annualized over 10 years would be $47 million
at a 3% discount rate and $54 million at a 7% discount rate.
[[Page 6090]]
Total Costs and Benefits of the Final Rule
[In millions of 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs Benefits
-----------------------------------------------------------------------------------------------
Year Discount rate Discount rate
-----------------------------------------------------------------------------------------------
Undiscounted 3% 7% Undiscounted 3% 7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020.................................................... ($420) ($420) ($420) ($86) ($86) ($86)
2021.................................................... (343) (333) (320) (146) (142) (137)
2022.................................................... 87 79 68 (120) (113) (105)
2023.................................................... 9 9 8 (62) (61) (50)
-----------------------------------------------------------------------------------------------
Total............................................... (666) (664) (664) (414) (403) (378)
-----------------------------------------------------------------------------------------------
Annualized.............................................. .............. (179) (196) .............. (108) (112)
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. Abbreviations and Acronyms
AAMVA American Association of Motor Vehicle Administrators
ANPRM Advance Notice of Proposed Rulemaking
BTW Behind the Wheel
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
CMVSA Commercial Motor Vehicle Safety Act
DOT U.S. Department of Transportation
ELDT Entry-Level Driver Training
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
IT Information Technology
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PRA Paperwork Reduction Act
RIA Regulatory Impact Analysis
RIN Regulation Identifier Number
SDLA State Driver Licensing Agency
SORN Systems of Records Notice
Sec. Section symbol
TPR Training Provider Registry
U.S.C. United States Code
IV. Legal Basis
The legal basis of the ELDT final rule, set forth at 81 FR 88738-
88739, also serves as the legal basis for this interim final rule. A
summary of the statutory authorities identified in that discussion
follows.
FMCSA's authority to amend the ELDT final rule by extending the
compliance date and making other necessary clarifying and conforming
changes is derived from several concurrent statutory sources. The Motor
Carrier Act of 1935, as amended, codified at 49 U.S.C. 31502(b),
authorizes the Secretary of Transportation (the Secretary) to prescribe
requirements for the safety of motor carrier operations. The rule also
relies on the Motor Carrier Safety Act of 1984, as amended, codified at
49 U.S.C. 31136(a)(1) and (2), requiring the Secretary to establish
regulations to ensure that CMVs are operated safely, and that
responsibilities placed on CMV drivers do not impair their ability to
safely operate CMVs. The rule does not address medical standards for
drivers or physical effects related to CMV driving (49 U.S.C.
31136(a)(3) and (4)). The Agency does not anticipate that drivers will
be coerced as a result of this rule (49 U.S.C. 31136(5)). The
Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended,
codified generally in 49 U.S.C. chapter 313, established the CDL
program and required the Secretary to promulgate implementing
regulations, including minimum standards for testing and ensuring the
fitness of an individual operating a commercial motor vehicle (49
U.S.C. 31305(a)). The specific statutory provision underlying the ELDT
final rule, enacted as part of The Moving Ahead for Progress in the
21st Century Act and codified at 49 U.S.C. 31305(c), required the
Secretary to establish minimum entry-level driver training standards
for certain individuals required to hold a CDL.
The Administrator of FMCSA is delegated authority under 49 CFR 1.87
to carry out the functions vested in the Secretary by 49 U.S.C.
chapters 311, 313, and 315, as they relate to CMV operators, programs,
and safety.
V. Regulatory History
ELDT Final Rule
The ELDT 2016 final rule established minimum training standards for
individuals applying for a Class A or Class B CDL for the first time;
individuals upgrading their CDL to a Class B or Class A; and
individuals obtaining the following endorsements for the first time:
Hazardous materials (H), passenger (P), and school bus (S). The final
rule also defined curriculum standards for theory and behind-the-wheel
(BTW) instruction for Class A and B CDLs and the P and S endorsements,
and theory instruction requirements for the H endorsement.
Additionally, the rule required that SDLAs verify ELDT completion
before allowing the applicant to take a skills test for a Class A or
Class B CDL, or a P or S endorsement; or a knowledge test prior to
obtaining the H endorsement.
The final rule also established the TPR, an online database which
would allow ELDT providers to electronically register with FMCSA and
certify that individual driver-trainees completed the required
training. The rule set forth eligibility requirements for training
providers to be listed on the TPR, including a certification, under
penalty of perjury, that their training programs meet those
requirements. The final rule, when fully implemented, will require
training providers to enter driver-specific ELDT information, which
FMCSA will then verify before transmitting to the SDLA. The process is
designed to deliver a finished ``product'' (i.e., verified driver-
specific ELDT information) to the end user, the SDLA.
NPRM to Partially Extend the ELDT Compliance Date
On July 18, 2019, FMCSA published a notice of proposed rulemaking
(NPRM) titled ``Partial Extension of Compliance Date for Entry-Level
Driver Training'' (84 FR 34324). That NPRM proposed delaying, from
February 7, 2020 to February 7, 2022, two provisions from the ELDT
final rule published on December 8, 2016 (81 FR 88732). The NPRM is
discussed further below.
[[Page 6091]]
VI. Discussion of Proposed Rule
The NPRM proposed a new compliance date of February 7, 2022, for
two provisions of the ELDT final rule: The requirement that training
providers upload driver-specific training certification information to
the TPR, and the requirement that SDLAs confirm driver applicants are
in compliance with the ELDT requirements prior to taking a skills test
for a Class A or Class B CDL, or a P or S endorsement, or prior to
taking the knowledge test to obtain the H endorsement. In the NPRM,
FMCSA explained that the proposed delay was necessary to allow both the
Agency and SDLAs to complete the requisite IT infrastructure to
accommodate the two requirements. The NPRM, which did not propose
extending the compliance date for any other ELDT requirement, also
proposed several clarifying and conforming changes to the ELDT final
rule. FMCSA received 56 comments on the NPRM. No public meeting was
requested and none was held.
VII. Discussion of Comments And Changes to the Proposed Rule
FMCSA received 56 comments on the proposed rule. Of these, 40
commenters requested that FMCSA delay all provisions of the ELDT final
rule. These comments endorsing a delay of the rule in its entirety were
filed by individuals, State organizations, and several industry
organizations. Commenters noted that a partial delay would cause
confusion, particularly regarding how SDLAs should verify driver
applicant compliance with the training requirements without being able
to check using the electronic system envisioned by the ELDT final rule.
Commenters questioned the effectiveness of enforcement if the SDLAs
were not verifying training completion prior to administering required
tests. They also argued that the partial extension would place an undue
burden on the driver applicants, who would incur the costs of taking
the new training even though there would not be ``proof'' of that
training in the TPR for another two years. Several of these commenters
went on to argue that the partial delay could make it harder to recruit
drivers, particularly in rural areas.
Six additional commenters opposed the proposed partial delay, with
two of these commenters specifically stating the ELDT final rule should
be implemented on the original compliance date of February 7, 2020. The
commenters opposing the partial delay included the Commercial Vehicle
Training Association (CVTA) and the National Association of Publicly
Funded Truck Driving Schools (NAPFTDS), as well as individual
commenters. CVTA and NAPFTDS stated that FMCSA must take into
consideration how the partial delay could impact motor carrier
liability, and one individual noted that the partial delay would make
enforcement ineffective. One individual noted that the States have had
plenty of notice, and another cited the need for full implementation as
soon as possible to improve highway safety.
Five commenters expressed support for the proposed partial delay,
with two of these commenters (Instructional Technologies, Inc. and the
SAGE Truck Driving Schools Corporation) specifically commenting on the
IT issues discussed in the NPRM. Two of these commenters (Power and
Communications Contractors Association and American Truck Dealers/
National Automobile Dealers Association) offered lukewarm support,
stating that they preferred full implementation of the ELDT final rule
as originally intended, but that in light of the IT issues discussed in
the NPRM they agreed a partial delay was necessary.
Two commenters, the American Trucking Associations, Inc. and Owner-
Operator Independent Drivers' Association, requested that FMCSA answer
questions prior to implementing a partial delay. These questions
related to the actions SDLAs would be expected to take in order to
verify that driver applicants had received the required ELDT prior to
administering testing, in the absence of being able to receive ELDT
verification from the TPR.
Three commenters offered no position on the NPRM, and offered no
substantive comments.
The Agency agrees with the enforcement concerns raised by
commenters, noting that the partial delay proposed in the NPRM would
have placed SDLAs in an unfavorable position of having to take
applicants' word, or create a new paperwork burden, that they completed
their required training prior to appearing at an SDLA for required
testing. FMCSA also recognizes the potential impacts on motor carrier's
liability, as noted by CVTA and NAPFTDS. Given the delay in developing
the IT infrastructure, however, FMCSA is not making a determination
whether these concerns, alone, would have been enough to warrant a full
delay.
FMCSA is issuing this interim final rule to delay all of the ELDT
final rule's requirements by 2 years, to February 7, 2022. As discussed
below in section VIII., FMCSA cannot complete the development of the IT
system required to implement the ELDT final rule in full by the
original compliance date of February 7, 2020. FMCSA acknowledges that
delaying the implementation for the entire ELDT final rule addresses
many of the implementation questions presented by commenters, and that
the majority of commenters requested the full delay of the ELDT final
rule.
As discussed above in Section II. B., ``Costs and Benefits,''
delaying the full ELDT final rule will also delay the qualitative
safety benefits associated with that rule, which would not have
occurred with a partial delay, as proposed. However, due to the fact
that FMCSA cannot complete development of the TPR in time for the
February 2, 2020, compliance date, the Agency must extend the
compliance date for all requirements set forth in the ELDT final rule
to February 7, 2022. The specific impacts of the full two-year delay
are discussed below in Section XI, ``Regulatory Analyses.''
VIII. Discussion of Interim Final Rule
FMCSA extends the compliance date for the 2016 final rule,
``Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators'' (81 FR 88732, December 8, 2016), from February 7,
2020, to February 7, 2022. The 2-year extension applies to all
requirements established by the ELDT final rule, including:
1. The date by which training providers must begin uploading
driver-specific training certification information into the TPR, an
electronic database that will contain ELDT information;
2. The date by which SDLAs must confirm that applicants for a CDL
have complied with ELDT requirements prior to taking a specified
knowledge or skills test;
3. The date by which training providers wishing to provide ELDT
must be listed on the TPR; and
4. The date by which drivers seeking a CDL or endorsement must
complete the required training, as set forth in the ELDT final rule.
This extension is necessary so that FMCSA can complete the IT
infrastructure to support the TPR, which will allow training providers
to self-certify, request listing on the TPR, and upload the driver-
specific ELDT completion information to the TPR. Despite the Agency's
best efforts, due to IT development issues largely beyond its control,
FMCSA cannot complete any portion of the TPR in time for the February
7, 2020, compliance date
[[Page 6092]]
established by the ELDT final rule. These issues include changes in
Department of Transportation (DOT) internal requirements for cloud-
based IT systems, which added time to the development process, which in
turn made it impossible for FMCSA to implement a TPR that would be able
to accept training provider registrations by February 7, 2020.
Completion of the TPR technology platform is also necessary before
driver-specific ELDT completion information can be transmitted from the
TPR to the SDLAs. FMCSA has determined that two years will provide
sufficient time for the Agency to develop and complete this
infrastructure, as well as for the SDLAs to make changes, as necessary,
to their IT systems and internal procedures to allow them to receive
the driver's ELDT completion information transmitted from the TPR.
In addition to providing for this delay, FMCSA is also making
clarifying and conforming changes to the regulations established by the
ELDT final rule, as proposed. FMCSA does not make any other substantive
changes to the requirements established by the ELDT final rule.
Administrative Procedure Act--``Good Cause'' Exception
FMCSA has good cause to proceed with the immediate delay of the
compliance date for the entire rule, including the two regulatory
provisions not included in the NPRM proposing a partial delay.\3\ The
Administrative Procedure Act (APA) provides that notice and public
comment procedures are not required when an Agency finds there is
``good cause'' to dispense with such procedures and incorporates the
finding and a brief statement of reasons to support the finding in the
rule issued. Good cause exists when the agency determines that notice
and public comment procedures are impracticable, unnecessary, or
contrary to the public interest (5 U.S.C. 553(b)(3)(B)). In this case,
FMCSA finds that allowing for notice and comment on delaying the
training provider curriculum and registration requirements and the
driver applicant training portions of the ELDT final rule is
impracticable and contrary to the public interest. Despite the Agency's
best efforts, due to IT development issues largely beyond its control,
FMCSA cannot complete any portion of the TPR in time for the February
7, 2020, compliance date established by the ELDT final rule. These
issues include changes in Department of Transportation (DOT) internal
requirements for cloud-based IT systems, which added time to the
development process, which in turn made it impossible for FMCSA to
implement a TPR that would be able to accept training provider
registrations by February 7, 2020.
---------------------------------------------------------------------------
\3\ Good cause need not be claimed for the two provisions that
were part of the proposed partial delay, namely the training
provider upload of driver-specific training completion information
and the SDLA verification of driver-applicant training completion
prior to conducting a skills test or, in the case of an H
endorsement, a knowledge test.
---------------------------------------------------------------------------
In addition to being impracticable to provide prior notice and
comment on extending the compliance date for the final rule, it would
also be contrary to the public interest by prolonging uncertainty among
individuals seeking to obtain the impacted CDLs and endorsements as to
what training provisions will apply to them. Additionally, questions
regarding a firm compliance date could potentially delay motor carriers
from hiring or otherwise utilizing those drivers until the uncertainty
is lifted. FMCSA therefore finds that good cause exists to forgo prior
notice and comment before extending the compliance date. Nonetheless,
this interim final rule includes a 45-day comment period. FMCSA will
consider and address any submitted comments in the final rule that will
follow this interim final rule.
For the same reasons discussed above, FMCSA finds good cause for
making this final rule effective less than 30 days after publication,
in accordance with 5 U.S.C. 553(d).
IX. International Impacts
The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries in which they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences among nations.
X. Section-by-Section Analysis
FMCSA revises the headings for Subparts E and F in part 380, as
well as sections 380.600 and 380.603, by changing the compliance date
for entry-level drivers to obtain the training found in Subpart F. In
all places where it appears, the date is changed from February 7, 2020,
to February 7, 2022.
In section 383.71, paragraphs (a)(3), (b)(11), and (e)(5), FMCSA
changes the individual drivers' compliance date from February 7, 2020,
to February 7, 2022. This delays by two years the date by which
individuals seeking a Class A or B CDL for the first time, a passenger
endorsement for the first time, a school bus endorsement for the first
time, or a hazardous materials endorsement for the first time must
complete the training prescribed in 49 CFR part 380, subpart F, prior
to taking the skills test (for all but the hazardous materials
endorsement) or knowledge test (for the hazardous materials
endorsement).
In section 383.73, paragraphs (b)(11), (e)(9), and (p), FMCSA
changes the States' compliance date from February 7, 2020, to February
7, 2022. This delays by two years the date by which a State must verify
the applicant has completed the required ELDT, and also delays the date
when a State must begin complying with the requirement to notify FMCSA
if a training provider in that State does not meet the minimum
requirements for CMV instruction. The Agency also revises the States'
compliance date in section 384.230, from February 7, 2020, to February
7, 2022. In paragraph (a), this date identifies when a State must
comply with the requirements of sections 383.73(b)(11) and (e)(9). In
paragraphs (b)(1) and (b)(2), this date identifies when States must
come into substantial compliance with the ELDT-related requirements of
sections 383.73 and 384.230.
Unrelated to the changes made to delay the compliance date wherever
it appears, FMCSA is making clarifying changes to existing ELDT-related
requirements in section 383.73. In paragraphs (b)(3) and (b)(3)(ii),
FMCSA removes references to the State performing a check for whether
the applicant has completed required training prior to initial issuance
of the CDL. This change reflects that, as intended by the ELDT final
rule, the threshold for the SDLA's verification that an applicant
completed the required ELDT is at the point of skills testing or, in
the case of the H endorsement, knowledge testing. This change
eliminates what would otherwise be a duplicative requirement
inadvertently imposed on the States; the requirement that States verify
the applicant received ELDT training before conducting skills testing
is already set forth in section 383.73(b)(11). Similarly, FMCSA revises
paragraph (e)(9) to clarify that the State must verify an applicant's
completion of required ELDT at the point of testing, not issuance.
[[Page 6093]]
XI. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
The Office of Information and Regulatory Affairs has determined
that this interim final rule is an economically significant regulatory
action under E.O. 12866,\4\ Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011). It also is
significant under DOT regulatory policies and procedures because the
economic costs and benefits of the rule exceed the $100 million annual
threshold.
---------------------------------------------------------------------------
\4\ 58 FR 51735-51744 (Sept. 30, 1993).
---------------------------------------------------------------------------
As discussed above, this interim final rule will delay, until
February 7, 2022, the compliance date of the provisions in the 2016
Minimum Training Requirements for Entry-Level Commercial Motor Vehicle
Operators Final Rule (81 FR 88732) and the 2019 ELDT Commercial
Driver's License Upgrade from Class B to Class A final rule (84 FR
8029), henceforth referred to as the ``2016 final rule'' and ``2019
final rule,'' respectively. FMCSA did not propose any substantive
changes to the existing regulatory text in 49 CFR part 380, 383, or 384
in the NPRM.
In the 2016 ELDT final RIA, entry-level drivers, motor carriers,
training providers, SDLAs, and the Federal government were estimated to
incur costs for compliance and implementation starting in 2020. In
2019, FMCSA published a separate final rule that amended the existing
ELDT regulations by adopting a new Class A CDL theory instruction
upgrade curriculum to reduce the training time and costs incurred by
Class B CDL holders upgrading to a Class A CDL.
In the 2016 and 2019 final rules, FMCSA projected costs and
benefits beginning in 2020. Because FMCSA is delaying ELDT
implementation by 2 years to 2022, this regulatory evaluation accounts
for the costs and benefits that will therefore not be realized in years
2020 through 2021, as well as the temporal shift of the 2016 and 2019
final rules' costs and benefits to years 2022 and beyond. Because FMCSA
estimated the net impact of the 2016 and 2019 final rules to include
both costs and benefits, we estimate the delay to result in cost
savings and disbenefits. Updated to 2018 dollars,\5\ the 2016 final
rule resulted in annualized costs of $390 million at a 3 percent
discount rate and $391 million at a 7 percent discount rate. The 2019
final rule reduced those annualized costs by $19 million (in 2018
dollars) at both 3 percent and 7 percent discount rates. FMCSA
estimates this final rule will result in annualized cost savings of
$179 million and $196 million at 3 percent and 7 percent discount
rates, respectively, over a 4-year period from 2020 through 2023.\6\
---------------------------------------------------------------------------
\5\ All estimates in this analysis have been updated from 2014
dollars to 2018 dollars using a multiplier of 1.065. The GDP
deflator for 2014 is 103.680 and the deflator for 2018 is 110.389.
110.389/103.680 = 1.065. This is based on Implicit Price Deflators
for Gross Domestic Product (GDP) from on the Bureau of Economic
Analysis (BEA) archive of National Accounts (NIPA) data that were
initially published on March-1-2019 in connection with the Initial
estimates for 2018 Q4. Accessed April 2019 at https://apps.bea.gov/histdata/fileStructDisplay.cfm?HMI=7&DY=2018&DQ=Q4&DV=Initial&dNRD=March-1-2019.
\6\ In the previous ELDT RIAs, the Agency annualized impacts
across a 10-year period. FMCSA annualizes the costs and benefits of
this final rule across 4 years as, compared to the baseline, there
will be no change in costs or benefits under this NPRM for years 5-
10 (2024-2029).
---------------------------------------------------------------------------
History of ELDT Rulemakings' Regulatory Impacts
The costs of the 2016 final rule included tuition expenses, the
opportunity cost of time while in training, compliance audit costs, and
implementation and monitoring of the TPR. The 2019 ELDT final rule
established a new theory instruction upgrade curriculum that removed
eight instructional units involving ``Non-Driving Activities'' for
Class B CDL holders upgrading to a Class A CDL because Class B CDL
holders have previous training or experience in the CMV industry. The
2019 final rule did not change the BTW training requirements set forth
in the 2016 final rule. FMCSA estimated that the new theory curriculum
resulted in cost savings by taking less time to complete, without
impacting the benefits of the 2016 ELDT final rule.
Costs of the Interim Final Rule
In this regulatory evaluation, FMCSA estimates the impacts of this
rule for years 2020 through 2023, and uses the 2016 and 2019 ELDT final
rules as the baseline for its estimates. This rule will delay
implementation of the ELDT final rules to 2022, making 2022 the first
year in which regulatory impacts of the previous final rules will be
realized. Accordingly, this final rule will result in net cost savings
using the previous final rules as the baseline. The Agency presents the
costs and cost savings of this rule below.
Entry-Level Driver Costs
The cost savings of this rule to entry-level drivers include costs
that would have been incurred in 2020 through 2021 for identifying a
training provider on the registry, the cost of tuition, and the
opportunity cost of time spent in training. In Table 1 below, FMCSA
presents the change in costs to entry-level drivers that will result
from the rule relative to the baseline.
To illustrate the logic behind the cost impacts of this rule to
entry-level drivers, the following example discusses those impacts that
will occur in year 2020. In the 2016 final rule, FMCSA estimated that
drivers would incur costs of $345 million \7\ (at both 3 percent and 7
percent discount rates) in 2020. In the 2019 final rule, FMCSA
estimated drivers would incur $8 million in cost savings (at both 3
percent and 7 percent discount rates) in 2020. Thus, FMCSA estimates
that this rule will result in a net savings of $337 million in 2020
($337 million = $345 million-$8 million), at both 3 percent and 7
percent discount rates, with a similar magnitude of savings in 2021.
---------------------------------------------------------------------------
\7\ All estimates in this analysis have been updated from 2014
dollars to 2018 dollars using a multiplier of 1.065 based on BEA
NIPA data.
---------------------------------------------------------------------------
FMCSA estimates the annualized cost savings of this rule to entry-
level drivers will be $179 million over four years at a 3 percent
discount rate and $193 million at a 7 percent discount rate as shown in
Table 1.
Table 1--Total Cost of Final Rule to Drivers
[In millions of 2018 dollars]
----------------------------------------------------------------------------------------------------------------
Year Undiscounted Discounted at 3% Discounted at 7%
----------------------------------------------------------------------------------------------------------------
2020................................................... ($337) ($337) ($337)
2021................................................... (339) (329) (317)
--------------------------------------------------------
[[Page 6094]]
Total.............................................. (675) (666) (653)
--------------------------------------------------------
Annualized............................................. ................. (179) (193)
----------------------------------------------------------------------------------------------------------------
Motor Carrier Costs
In the 2016 final RIA, FMCSA valued the opportunity cost to motor
carriers as represented by the forgone profit resulting from the amount
of time drivers spend in training rather than driving.\8\ In Table 2
below, FMCSA presents the change in costs to motor carriers that will
result from this rule relative to the baseline.
---------------------------------------------------------------------------
\8\ Please see 2016 RIA page 76 for further details on motor
carrier costs.
---------------------------------------------------------------------------
To illustrate the logic behind the cost impacts of this rule to
motor carriers, the following example discusses those impacts that
would occur in year 2020. FMCSA estimated that the 2016 final rule
would result in $21 million in costs to motor carriers in 2020 (at both
3 percent and 7 percent discount rates), and that the 2019 final rule
would result in $1 million in cost savings (at both 3 percent and 7
percent discount rates). FMCSA estimates that this rule will result in
$20 million in cost savings to motor carriers in 2020 (at both 3
percent and 7 percent discount rates), with a similar magnitude of
savings in 2021. As this final rule only defers the compliance date to
2022, it will not impact motor carrier costs in 2022 through 2029
relative to the baseline.
FMCSA estimates that the annualized cost savings over four years to
motor carriers will be $11 million at both 3 percent and 7 percent
discount rates as presented in Table 2.
Table 2--Total Cost of the Proposed Rule to Motor Carriers
[In millions of 2018 dollars]
----------------------------------------------------------------------------------------------------------------
Year Undiscounted Discounted at 3% Discounted at 7%
----------------------------------------------------------------------------------------------------------------
2020................................................... ($20) ($20) ($20)
2021................................................... (20) (19) (19)
--------------------------------------------------------
Total.............................................. (40) (39) (39)
--------------------------------------------------------
Annualized............................................. ................. (11) (11)
----------------------------------------------------------------------------------------------------------------
Training Provider Costs
In the 2016 final RIA, FMCSA estimated that training providers
would incur costs starting in 2020 for submitting documentation to the
TPR and for preparing for and being subject to compliance audits. The
2019 final rule did not result in cost savings to training providers.
FMCSA estimates that this rule, by deferring training provider costs to
2022, will result in cost savings of $4 million at both 3 percent and 7
percent discount rates on an annualized basis over 4 years.
State Driver Licensing Agency (SDLA) Costs: Delayed Information
Technology (IT) System Upgrades
In the 2016 final rule, FMCSA assumed that SDLAs would upgrade
their IT systems so that they can receive training completion
information through the Commercial Driver's License Information System
(CDLIS) and store the information in their State systems. That upgrade
required States to create new fields in their State driver record
databases by 2020. Because this rule will shift by 2 years the date by
which this requirement must be satisfied, SDLAs will incur these costs
in 2022 rather than 2020. This change is merely a temporal shift of a
cost of the 2016 final rule.
FMCSA estimated in the 2016 final RIA that in 2020 this IT system
upgrade would cost $1.2 million per SDLA, and therefore $60 million,\9\
across all 51 SDLAs. FMCSA acknowledged in the 2016 final RIA that
while some of these costs may be incurred prior to the effective date
of the rule, FMCSA applied this entire cost to the first year of the
analysis (2020). As noted above, this rule shifts these costs from 2020
to 2022, which will result in a cost savings to SDLAs of $1 million
annualized over 4 years at a 3 percent discount rate and $2 million at
a 7 percent discount rate. These estimates of cost savings represent
the sum across all 51 SDLAs.
---------------------------------------------------------------------------
\9\ Using estimates updated to 2018 dollars, 51 SDLAs x
$1,171,180 = $59,730,159.
---------------------------------------------------------------------------
Federal Government Costs
This rule will delay by 2 years the Federal government's incurrence
of administrative costs related to the TPR as well as compliance audit
costs. FMCSA estimates annualized cost savings across 4 years of
$554,000 and $715,000 at 3 percent and 7 percent discount rates,
respectively. The rule will not delay or alter the Federal government's
incurrence of IT costs related to the development of the TPR.
Maintenance and Repair Costs
In the 2016 final rule, FMCSA estimated there would be a cost
savings for maintenance and repair of commercial motor vehicles
operated by entry-level drivers. The 2016 final RIA considered those
savings to be a benefit of that rule. This rule will defer the
realization of those benefits by 2 years--
[[Page 6095]]
that is, from 2020 to 2022. While consistency with the 2016 final RIA
would argue for accounting for this change as a disbenefit, the Agency
recognizes that repair and maintenance expenses are borne directly by
drivers and carriers (rather than an externality) and that it is
therefore more appropriate to consider this impact of this rule as a
cost rather than a disbenefit. Consequently, the Agency estimates the
forgone cost savings of the rule as costs.
To estimate these costs, FMCSA applies the same methodology used in
the analysis of the other cost impacts of this rule by applying an
implicit gross domestic product (GDP) price deflator to the yearly
estimates used in the 2016 final RIA and then discounting and
annualizing those adjusted figures over 4 years. As established in the
2016 final RIA, the maintenance and repair cost savings were affected
by an assumed 3-year period of knowledge retention of driver
training.\10\ In short, in both the 2016 final RIA and the analysis of
this rule, the Agency assumes that driver behavior reverts linearly
over a 3-year period (that is, in the first year of driving following
pre-CDL training, a driver experiences the full amount of maintenance
and repair cost savings; in year two (the second year of driving
following pre-CDL training), he or she experiences 66.67 percent of
that amount; in year three (the third year of driving following pre-CDL
training), 33.33 percent of that amount and after three years of
driving no cost savings remains). Accordingly, under this rule, while
none of the 2016 final rule's maintenance and repair cost savings will
be realized in 2020 through 2021, 33.33 percent of that rule's cost
savings will be realized in 2022, 66.67 percent in 2023, and 100
percent in 2024. These impacts are reflected in Table 3 (year 2024 is
excluded from Table 3 as there are no delta in 2024 relative to the
baseline). On an annualized basis across 4 years, this rule will result
in costs resulting from forgone maintenance and repair cost savings of
$17 million at both 3 percent and 7 percent discount rates, as shown in
Table 3.
---------------------------------------------------------------------------
\10\ Please see 2016 RIA page 97 for further details on
knowledge retention methodology.
Table 3--Discounted and Annualized Forgone Maintenance and Repair Savings @$0.0034/VMT
[In millions of 2018 dollars]
----------------------------------------------------------------------------------------------------------------
Year Undiscounted 3% Discount rate 7% Discount rate
----------------------------------------------------------------------------------------------------------------
2020................................................... $14 $14 $14
2021................................................... 23 22 21
2022................................................... 19 17 16
2023................................................... 9 9 8
--------------------------------------------------------
Total.............................................. 64 62 59
--------------------------------------------------------
Annualized............................................. ................. 17 17
----------------------------------------------------------------------------------------------------------------
Total Costs of the Interim Final Rule
In Table 4 below, we show the annualized cost savings of this rule
(over 4 years, from 2020 through 2023). FMCSA estimates the annualized
cost savings of this rule to be $179 million at a 3 percent discount
rate and $196 million at a 7 percent discount rate.
Table 4--Total Cost of the Final Rule
[In millions of 2018 dollars]
----------------------------------------------------------------------------------------------------------------
Year Undiscounted 3% Discount rate 7% Discount rate
----------------------------------------------------------------------------------------------------------------
2020................................................... ($420) ($420) ($420)
2021................................................... (343) (333) (320)
2022................................................... 87 79 68
2023................................................... 9 9 8
--------------------------------------------------------
Total.............................................. (666) (664) (664)
--------------------------------------------------------
Annualized............................................. ................. (179) (196)
----------------------------------------------------------------------------------------------------------------
Benefits of the Interim Final Rule
FMCSA estimated the 2016 final rule to result in benefits to CMV
operators, the transportation industry, the traveling public, and the
environment. The Agency estimated benefits in two broad categories:
Safety benefits and non-safety benefits. Training related to the
performance of complex tasks was expected to improve performance; in
the context of the training required by the 2016 final rule,
improvement in task performance constitutes adoption of safer driving
practices that the Agency expected to reduce the frequency and severity
of crashes, thereby resulting in safer roadways for all. The Agency
estimated training related to fuel efficient driving practices taught
under the ``speed management'' and ``space management'' sections of the
curriculum to reduce fuel consumption and consequently lower
environmental impacts associated with carbon dioxide emissions.
Similarly, safer driving and better-informed drivers were estimated to
reduce maintenance and repair costs.\11\
---------------------------------------------------------------------------
\11\ While maintenance and repair cost savings were analyzed as
a benefit in the 2016 final RIA, today's analysis of the rule
considers the deferral of those savings to be a cost rather than a
disbenefit. Therefore, impacts of this rule to maintenance and
repair expenses are discussed in the costs section only.
---------------------------------------------------------------------------
In this analysis, FMCSA estimates the forgone benefits resulting
from this rule for years 2020 through 2023, and uses the 2016 and 2019
ELDT final rules as the baseline for its estimates. As
[[Page 6096]]
mentioned above, this rule will delay implementation of the ELDT final
rules to 2022, making 2022 the first year in which benefits of the
previous final rules will be realized, accounting for the assumptions
made in the 2016 analysis around knowledge retention.\12\
---------------------------------------------------------------------------
\12\ As established in the 2016 final RIA, the benefits of the
2016 final rule were affected by an assumed 3-year period of
knowledge retention of driver training. In short, FMCSA assumed that
driver behavior reverts linearly over a 3-year period (that is, in
the first year of driving following pre-CDL training, a driver
experiences the full benefit of training; in year two, he or she
experiences 66.67 percent of the initial benefit; in year three,
33.33 percent of the initial benefit, and after year three no
benefit remains). Thus, in today's analysis of the final rule, the
estimated impacts to benefits for years 2022-2023 were adjusted to
account for this assumption.
---------------------------------------------------------------------------
Fuel Consumption
In the 2016 final rule, FMCSA projected there would be an increase
in fuel economy attributable to the rule. The 2016 final RIA monetized
fuel savings benefits beginning in 2020. This rule will defer the
realization of those benefits to 2022. As per the discussion of the
knowledge retention assumption in relation to the costs associated with
maintenance and repair (presented earlier in this analysis), under this
rule only 33.33 percent of the fuel savings benefits of the 2016 final
rule will be realized in 2022. Likewise, 66.67 percent of the fuel
savings benefits of the 2016 final rule will be realized in 2023, and
100 percent of those benefits will be realized in 2024. Therefore, as
shown in Table 5, the value of forgone fuel savings that will result
from this rule is equal to 100 percent of the 2016 final rule's fuel
savings for years 2020 and 2021, 66.67 percent of the corresponding
value for 2022, 33.33 percent for 2023, and zero for 2024.
Table 5--Undiscounted Value of Forgone Fuel Savings
[In millions of 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 2020 2021 2022 2023 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Forgone Savings.................................................... ($84) ($142) ($117) ($60) ($403)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discounting and annualizing (across 4 years \13\) the above
disbenefits at the 3 percent and 7 percent discount rates produces the
following, shown below.
Table 6--Discounted and Annualized Value of Forgone Fuel Savings
[3 percent discount rate, in millions of 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 2020 2021 2022 2023 Total Annualized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Forgone Savings................................... ($84) ($138) ($110) ($60) ($392) ($106)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--Discounted and Annualized Value of Forgone Fuel Savings
[7 percent discount rate, in millions of 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 2020 2021 2022 2023 Total Annualized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Forgone Savings................................... ($84) ($133) ($102) ($49) ($368) ($109)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monetized CO2 Impacts--Social Cost of Carbon Dioxide
Emissions
---------------------------------------------------------------------------
\13\ In the previous ELDT RIAs, the Agency annualized impacts
across a 10-year period. FMCSA annualizes the costs and benefits of
this final rule across 4 years as, compared to the baseline, there
is no change in costs or benefits under this NPRM for years 5
through 10 (2024-2029).
\14\ For the estimates and methodology used in analyzing SC-
CO2 disbenefits, FMCSA relied on the Regulatory Impact
Analysis for the Review of the Clean Power Plan by the Environmental
Protection Agency, EPA-HQ-OAR-2017-0355-0110.
\15\ FMCSA follows established precedent set forth in the
aforementioned 2017 EPA RIA in focusing on domestic impacts.
Circular A-4 states that analysis of economically significant
proposed and final regulations ``should focus on benefits and costs
that accrue to citizens and residents of the United States.'' EPA
followed this guidance by adopting a domestic perspective in the
RIA.
\16\ These estimates were adjusted from 2011$ to 2018$ using a
GDP deflator of 1.125 and then extrapolated. The aforementioned EPA
RIA provided SC-CO2 values in 5 year intervals from 2020-
2050. FMCSA linearly extrapolated those figures to fill in the
missing years needed for our analysis.
\17\ E.O. 13783 directed agencies to ensure that estimates of
the social cost of greenhouse gases used in regulatory analyses
``are based on the best available science and economics'' and are
consistent with the guidance contained in OMB Circular A-4,
``including with respect to the consideration of domestic versus
international impacts and the consideration of appropriate discount
rates'' (E.O. 13783, Section 5(c)).
---------------------------------------------------------------------------
FMCSA estimates the forgone climate benefits from this interim
final rule using a measure of the domestic social cost of carbon (SC-
CO2).\14\ The SC-CO2 is a metric that estimates
the monetary value of impacts associated with marginal changes in
CO2 emissions in a given year. FMCSA included an analysis of
the climate benefits in the 2016 final rule using the SC-
CO2, therefore we are also including this analysis here. The
SC-CO2 estimates used in this regulatory evaluation focus on
the direct impacts of climate change that are anticipated to occur
within U.S. borders.\15\ The SC-CO2 estimates presented in
Table 8 \16\ below are interim values developed under E.O. 13783 \17\
for use in regulatory analyses until an improved estimate of the
impacts of climate change to the U.S. can be developed based on the
best available science and economics.
[[Page 6097]]
Table 8--Interim Domestic Social Cost of CO2 2020-2023 in 2018 Dollars
per Metric ton
------------------------------------------------------------------------
3 percent 7 percent
average average
Year discount discount
rate rate
------------------------------------------------------------------------
2020.............................................. $6.75 $1.13
2021.............................................. 7.03 1.13
2022.............................................. 7.31 1.13
2023.............................................. 7.59 1.13
------------------------------------------------------------------------
In Table 9 below, the Agency estimates the forgone reduction, in
metric tons, of CO2 emissions per year.
Table 9--Change in CO2 Emissions of the Final Rule
[In metric tons]
----------------------------------------------------------------------------------------------------------------
Scenario 2020 2021 2022 2023
----------------------------------------------------------------------------------------------------------------
Reference Case.............................. 325,754 541,599 432,936 216,288
----------------------------------------------------------------------------------------------------------------
Applying the interim domestic SC-CO2 estimates presented
in Table 8 to the estimated forgone reduction in CO2
emissions attributable to this rule (as shown in Table 9), FMCSA
monetizes the value of the forgone reduction. The resulting values are
presented below in Tables 10, 11, and 12.
Table 10--Value of Forgone CO2 Emissions Reductions, by Year
[In millions of 2018 dollars, undiscounted]
----------------------------------------------------------------------------------------------------------------
Discount rate and statistic 2020 2021 2022 2023 Total
----------------------------------------------------------------------------------------------------------------
3 percent Avg................... ($2) ($4) ($3) ($2) ($11)
7 percent Avg................... (0.4) (1) (0.5) (0.2) (2)
----------------------------------------------------------------------------------------------------------------
Table 11--Value of Forgone CO2 Emissions Reductions, by Year
[3% discount rate, in millions of 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discount rate and statistic 2020 2021 2022 2023 Total Annualized
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 percent Avg........................................... ($2) ($4) ($3) ($2) ($10) ($3)
7 percent Avg........................................... (0.4) (1) (0.5) (0.2) (2) (0.4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 12--Value of Forgone CO2 Emissions Reductions, by Year
[7 percent discount rate, in millions of 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discount rate and statistic 2020 2021 2022 2023 Total Annualized
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 percent Avg........................................... ($2) ($4) ($3) ($1) ($10) ($3)
7 percent Avg........................................... (0.4) (1) (0.4) (0.2) (2) (0.5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 6098]]
Total Benefits of the Interim Final Rule
In Table 13 below, we show the annualized (over 4 years, from 2020
to 2023) benefits of this rule. FMCSA estimates the annualized forgone
benefits for this rule to be $108 million at a 3 percent discount rate
and $112 million at a 7 percent discount rate.\18\
---------------------------------------------------------------------------
\18\ When aggregating total benefits for both 3 percent and 7
percent discount rates (Table 13), the Agency utilized the 3 percent
average rate SC-CO2 model (as seen in Table 8) for the
forgone CO2 emissions reductions inputs (Tables 11 and
12). Had we used the 7 percent average rate, the annualized values
would have been $106 million at a 3 percent discount rate and $109
at a 7 percent discount rate.
Table 13--Total Benefits of the Final Rule
[In millions of 2018 dollars]
----------------------------------------------------------------------------------------------------------------
Undiscounted 3 percent 7 percent
Year total discount rate discount rate
----------------------------------------------------------------------------------------------------------------
2020................................................... ($86) ($86) ($86)
2021................................................... (146) (142) (137)
2022................................................... (120) (113) (105)
2023................................................... (62) (61) (50)
--------------------------------------------------------
Total.............................................. (414) (403) (378)
--------------------------------------------------------
Annualized............................................. ................. (108) (112)
----------------------------------------------------------------------------------------------------------------
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
This rule will result in total costs less than zero, and qualifies
as an E.O. 13771 deregulatory action. The present value of the cost
savings of this rule, measured on an infinite time horizon at a 7
percent discount rate, expressed in 2016 dollars, and discounted to
2020 (the year the rule goes into effect and cost savings will first be
realized), is $627 million. On an annualized basis, these cost savings
are $44 million.
For the purpose of E.O. 13771 accounting, the April 5, 2017, OMB
guidance requires that agencies also calculate the costs and cost
savings discounted to year 2016. In accordance with this requirement,
the present value of the cost savings of this rule, measured on an
infinite time horizon at a 7 percent discount rate, expressed in 2016
dollars, and discounted to 2016, is $478 million. On an annualized
basis, these cost savings are $33 million.
C. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
the Office of Information and Regulatory Affairs designated this rule
as a ``major rule,'' as defined by 5 U.S.C. 804(2).\19\
---------------------------------------------------------------------------
\19\ A ``major rule'' means any rule that the Administrator of
Office of Information and Regulatory Affairs at the Office of
Management and Budget finds has resulted in or is likely to result
in (a) an annual effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers, individual
industries, Federal agencies, State agencies, local government
agencies, or geographic regions; or (c) significant adverse effects
on competition, employment, investment, productivity, innovation, or
on the ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets (5 U.S.C.
804(2)).
---------------------------------------------------------------------------
D. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121, 110 Stat. 857), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.\20\Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses.
---------------------------------------------------------------------------
\20\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see
National Archives at http://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html.
---------------------------------------------------------------------------
FMCSA is not required to complete a regulatory flexibility
analysis, because, as discussed earlier in the ``Administrative
Procedure Act--``Good Cause'' Exception'' section, this action is not
subject to notice and comment under section 553(b) of the APA.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the final rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please consult the FMCSA point of
contact, Mr. Richard Clemente, listed in the FOR FURTHER INFORMATION
CONTACT section of this interim final rule. Small businesses may send
comments on the actions of Federal employees who enforce or otherwise
determine compliance with Federal regulations to the Small Business
Administration's Small Business and Agriculture Regulatory Enforcement
Ombudsman and the Regional Small Business Regulatory Fairness Boards.
The Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a
policy regarding the rights of small entities to regulatory enforcement
fairness and an explicit policy against retaliation for exercising
these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $165 million (which is the value equivalent
of $100,000,000 in 1995, adjusted for inflation to 2018 levels) or more
in any one year. Though this final rule will not result in such an
expenditure, the Agency does discuss the effects of this rule in
section XI, subsections A. and B., above.
[[Page 6099]]
G. Paperwork Reduction Act
This rule calls for a collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA). As defined in 5 CFR
1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The 2016 ELDT final rule discussed the changes to the approved
collection of information, but did not revise the supporting statement
for that collection at that time, because the changes from the final
rule would not take effect until after the expiration date of that
approved collection (see PRA discussion at 81 FR 88732, 88788). This
collection is currently being revised as part of its renewal cycle, and
as required by the PRA (44 U.S.C. 3507(d)), FMCSA will submit its
estimate of the burden of the proposal contained in this interim final
rule to the Office of Management and Budget (OMB) for its review of the
collection of information renewal. FMCSA published the 60-day notice in
the Federal Register on July 3, 2019 (84 FR 31982). FMCSA will publish
the 30-day notice in the Federal Register, reflecting the changes made
by this IFR.
It is the agency's intent to obtain OMB approval for the revised
collection of information in advance of the new compliance date so that
training providers may complete the TPR registration process and begin
uploading student certificates as soon as the TPR is available, even if
prior to the new compliance date of February 7, 2022.
You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.
H. E.O. 13132 (Federalism)
A rule has implications for Federalism under Section 1(a) of
Executive Order 13132 if it has ``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.'' FMCSA determined that this rule would
not have substantial direct costs on or for States, nor would it limit
the policymaking discretion of States. Nothing in this document
preempts any State law or regulation. Therefore, this rule does not
have sufficient Federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. E.O. 12988 (Civil Justice Reform)
This interim final rule meets applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize
litigation, eliminates ambiguity, and reduce burden.
J. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. While this interim final rule is economically significant,
the Agency does not anticipate that this regulatory action could in any
respect present an environmental or safety risk that could
disproportionately affect children.
K. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this interim final rule in accordance with E.O.
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it will not effect a
taking of private property or otherwise have taking implications.
L. Privacy
The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a
privacy impact assessment (PIA) of a regulation that will affect the
privacy of individuals. This rule does not change the collection of
personally identifiable information (PII) as set forth in the 2016 ELDT
final rule. The supporting PIA, available for review on the DOT
website, http://www.transportation.gov/privacy, gives a full and
complete explanation of FMCSA practices for protecting PII in general
and specifically in relation to the ELDT final rule, which would also
apply to this final rule.
As required by the Privacy Act (5 U.S.C. 552a), FMCSA and DOT will
publish, with request for comment, a system of records notice (SORN)
that will describe FMCSA's maintenance and electronic transmission of
information affected by the requirements of the ELDT final rule that
are covered by the Privacy Act. This SORN will be published in the
Federal Register not less than 30 days before the Agency is authorized
to collect or use PII retrieved by unique identifier.
M. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.
N. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this interim final rule under E.O. 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 order because, though it is a
``significant regulatory action,'' it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
O. E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
P. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, FMCSA did not consider the use of
voluntary consensus standards.
Q. Environment
The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to
[[Page 6100]]
integrate environmental values into their decision-making processes by
considering the potential environmental impacts of their actions. In
accordance with NEPA, FMCSA's NEPA Order 5610.1 (NEPA Implementing
Procedures and Policy for Considering Environmental Impacts), and other
applicable requirements, FMCSA prepared an Environmental Assessment
(EA) to review the potential impacts of the ELDT final rule. That EA is
available for inspection or copying in the Regulations.gov website
listed under ADDRESSES.
Because this interim final rule will only delay the compliance date
of the ELDT final rule without any other substantive change to the
regulations, FMCSA continues to rely upon the previously published EA
to support this interim final rule. As noted in that EA, implementation
of the 2016 ELDT final rule imposed new training standards for certain
individuals applying for their CDL, an upgrade of their CDL, or
hazardous materials, passenger, or school bus endorsement for their
license. FMCSA found that noise, endangered species, cultural resources
protected under the National Historic Preservation Act, wetlands, and
resources protected under Section 4(f) of the Department of
Transportation Act of 1966, 49 U.S.C. 303, as amended by Public Law
109-59, would not be impacted. The impact areas that may be affected
and were evaluated in the EA included air quality, hazardous materials
transportation, solid waste, and public safety. Specifically, as
outlined in the 2016 RIA for the ELDT final rule, FMCSA anticipated
that an increase in driver training would result in improved fuel
economy based on changes to driver behavior, such as smoother
acceleration and braking practices. Such improved fuel economy is
anticipated to result in lower air emissions and improved air quality
for gases, including carbon dioxide. For today's final rule, FMCSA
estimates the forgone environmental benefits for years 2020 through
2023. As mentioned above, today's final rule temporally shifts the
benefits of the 2016 final rule by two years but otherwise retains the
overall environmental impacts of the 2016 final rule.
R. E.O. 13783 (Promoting Energy Independence and Economic Growth)
E.O. 13783 directs executive departments and agencies to review
existing regulations that potentially burden the development or use of
domestically produced energy resources, and to appropriately suspend,
revise, or rescind those that unduly burden the development of domestic
energy resources. In accordance with E.O. 13783, DOT prepared and
submitted a report to the Director of OMB that provides specific
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency action that burden domestic energy
production. This interim final rule has not been identified by DOT
under E.O. 13783 as potentially alleviating unnecessary burdens on
domestic energy production.
List of Subjects
49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
For the reasons set forth in the preamble, FMCSA amends 49 CFR
parts 380, 383, and 384 as follows:
PART 380--SPECIAL TRAINING REQUIREMENTS
0
1. The authority citation for part 380 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151; sec.
32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.
Sec. 380.600 [Amended]
0
2. Amend Sec. 380.600 by removing the year ``2020'' and adding in its
place the year ``2022''.
Sec. 380.603 [Amended]
0
3. In Sec. 380.603, amend paragraphs (b) and (c)(1) and (2) by
removing the year ``2020'' and adding in its place the year ``2022''.
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
4. 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. 1748, 1766, 1767;
sec. 1012(b) of Pub. L. 107-56; 115 Stat. 272, 297, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141,
126 Stat. 405, 830; secs. 5401 and 7208 of Pub. L. 114- 94, 129
Stat. 1312, 1546, 1593; and 49 CFR 1.87.
Sec. 383.71 [Amended]
0
5. In Sec. 383.71, amend paragraphs (a)(3), (b)(11), and (e)(5) by
removing the year ``2020'' and adding in its place the year ``2022''.
0
6. Amend Sec. 383.73:
0
a. By revising paragraphs (b)(3) introductory text and (b)(3)(ii);
0
b. In paragraph (b)(11) by removing the year ``2020'' and adding in
its place the year ``2022'';
0
c. By revising paragraph (e)(9); and
0
d. In paragraph (p) by removing the year ``2020'' and adding in its
place the year ``2022''.
The revisions read as follows:
Sec. 383.73 State procedures.
* * * * *
(b) * * *
(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 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:
* * * * *
(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;
* * * * *
(e) * * *
(9) Beginning on February 7, 2022, not conduct a skills test of an
applicant for an upgrade to a Class A or Class B CDL, or a passenger
(P), school bus (S) endorsement, or administer the knowledge test to an
applicant for the hazardous materials (H) endorsement, unless the
applicant has completed the training required by subpart F of part 380
of this subchapter.
* * * * *
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
7. 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. 106-59, 113 Stat. 1753, 1767; sec. 32934 of
Pub. L. 112-141, 126 Stat. 405, 830; sec. 5401 and 7208 of Pub. L.
114-94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.
[[Page 6101]]
Sec. 384.230 [Amended]
0
8. Amend Sec. 384.230 by removing the year ``2020'' and adding in its
place the year ``2022'' wherever it appears.
Sec. 384.301 [Amended]
0
9. In Sec. 384.301, amend paragraph (k) by removing the year ``2020''
and adding in its place the year ``2022''.
Issued under the authority of delegation in 49 CFR 1.87.
Dated: January 23, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020-01548 Filed 2-3-20; 8:45 am]
BILLING CODE 4910-EX-P