Partial Extension of Compliance Date for Entry-Level Driver Training
| Citation | 84 FR 34324 |
| Record Number | 2019-14956 |
| Published date | 18 July 2019 |
| Court | Federal Motor Carrier Safety Administration |
Federal Register, Volume 84 Issue 138 (Thursday, July 18, 2019)
[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Proposed Rules]
[Pages 34324-34331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14956]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 380, 383, and 384
[Docket No. FMCSA-2007-27748]
RIN 2126-AC25
Partial Extension of Compliance Date for Entry-Level Driver
Training
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking; extension of compliance date.
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SUMMARY: FMCSA proposes to amend 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 two provisions from the rule. The date for training providers to
upload entry-level driver training (ELDT) certification information
into the Training Provider Registry (TPR) and for State Driver
Licensing Agencies (SDLAs) to receive driver-specific ELDT information
would be extended from February 7, 2020, to February 7, 2022. This
action would provide FMCSA additional time to complete development of
the electronic interface that will receive and store ELDT certification
information from training providers and transmit that information to
the SDLAs. The proposed extension would also provide SDLAs with
sufficient time to modify their information technology (IT) systems and
procedures, as necessary, to accommodate their receipt of driver-
specific ELDT data from the TPR.
DATES: Comments on this notice must be received on or before August 19,
2019.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2007-27748 using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations (MC-PSD) Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001 by telephone at 202-366-4325 or by email at
[email protected]. If you have questions on viewing or submitting material
to the docket, contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking (NPRM) is
organized as follows:
I. Public Participation and Request for Comments
A. Submitting comments
B. Viewing comments and documents
C. Privacy Act
D. Waiver of Advance Notice of Proposed Rulemaking
II. Executive Summary
A. Purpose and Summary of the Proposed Rule
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses
[[Page 34325]]
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. Regulatory Flexibility Act (Small Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act (Collection of Information)
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
K. Privacy
L. E.O. 12372 (Intergovernmental Review)
M. E.O. 13211 (Energy Supply, Distribution, or Use)
N. E.O. 13175 (Indian Tribal Governments)
O. National Technology Transfer and Advancement Act (Technical
Standards)
P. Environment
Q. E.O. 13783 (Promoting Energy Independence and Economic
Growth)
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (Docket No. FMCSA-2007-27748), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2007-27748, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this proposed 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 customarily not made available to the general
public by the submitter. Under the Freedom of Information Act, CBI is
exempt from public disclosure. If you have CBI that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Accordingly, please mark each page of your
submission as ``confidential'' or ``CBI.'' Submissions designated as
CBI and meeting the definition noted above will not be placed in the
public docket of this NPRM. Submissions containing CBI should be sent
to Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New Jersey
Avenue SE, Washington, DC 20590. Any commentary that FMCSA receives
which is 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. 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., 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.
D. Waiver of Advance Notice of Proposed Rulemaking
Under the Fixing America's Surface Transportation Act, Public Law,
114-94 (FAST Act), FMCSA is required to publish an advance notice of
proposed rulemaking (ANPRM) or conduct a negotiated rulemaking ``if a
proposed rule is likely to lead to the promulgation of a major rule''
(49 U.S.C. 31136(g)(1)). As this proposed rule is not likely to lead to
the promulgation of a major rule, the Agency is not required to issue
an ANPRM or to proceed with a negotiated rulemaking.
II. Executive Summary
A. Purpose and Summary of the Proposed Rule
FMCSA proposes to extend the compliance date for two provisions
from the final rule, ``Minimum Training Requirements for Entry-Level
Commercial Motor Vehicle Operators'' (81 FR 88732, Dec. 8, 2016) (ELDT
final rule) from February 7, 2020, to February 7, 2022. The proposed
two-year extension would delay the date by which training providers
must begin uploading driver-specific training certification information
into the Training Provider Registry (TPR), an electronic database that
will contain entry-level driver training (ELDT) information. It would
also delay the date by which State Driver Licensing Agencies (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. The extension would give FMCSA time to
complete the IT infrastructure for the TPR to allow for the upload,
storage, and transmission of the driver-specific training records. It
would also provide SDLAs time to make changes, as necessary, to their
IT systems and internal procedures that would allow them to receive the
driver course completion information transmitted from the TPR. The
Agency proposes to extend the compliance date at this time, so that
SDLAs and other stakeholders can take the proposed delay into account
when setting budget and resource allocation priorities. In proposing
this delay, FMCSA is also proposing clarifying and conforming changes
to the regulations established by the ELDT final rule.
FMCSA does not propose any other substantive changes to the
requirements established by the ELDT final rule. This means that,
beginning February 7, 2020, training providers wishing to provide ELDT
must be listed on the TPR and drivers seeking a CDL or endorsement on
or after February 7, 2020, must complete the required training, as set
forth in the ELDT final rule.
[[Page 34326]]
B. Costs and Benefits
The Agency estimates that this proposed rule would result in
annualized cost savings over a three-year period of $8.06 million at a
3% discount rate and $10.13 million at a 7% discount rate.
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 for the Rulemaking
The legal basis of the ELDT final rule, set forth at 81 FR 88738-
88739, also serves as the legal basis for this NPRM. A brief summary of
the statutory authorities identified in that discussion follows.
FMCSA's authority to amend the ELDT final rule by extending the
compliance date for two requirements and making other necessary
clarifying and conforming changes, as proposed, 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 NPRM also relies on the provisions of
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 commercial motor vehicles (CMVs) are operated safely,
and that responsibilities placed on CMV drivers do not impair their
ability to safely operate CMVs. The NPRM 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 proposal (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
commercial driver's license (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. Background
The ELDT 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. The NPRM is
therefore consistent with the Agency's position that full
implementation of the final rule presumes an integrated electronic
system used concurrently by training providers, FMCSA, and the SDLAs.
As FMCSA stated in the ELDT final rule, SDLAs will not be required to
accept paper training certificates as evidence of ELDT completion.\1\
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\1\ See 81 FR 88732, 88767 (Dec. 8, 2016)
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In adopting the February 7, 2020, compliance date for the ELDT
final rule, FMCSA noted that several changes to the ELDT NPRM,
published on March 7, 2016 (81 FR 11944), reduced the regulatory
implementation burden on SDLAs. For example, the final rule dropped the
proposed requirement for refresher training, which would have required
SDLAs to issue restricted CDLs so that the BTW portion of the training
could be completed on public roads. FMCSA also removed the proposed
requirements that SDLAs verify the applicant received ELDT from a
provider listed on the TPR and maintain a separate record of the
applicant's training certification information. These provisions, if
retained in the ELDT final rule, would have required more extensive IT
modifications by the SDLAs. FMCSA therefore believed, in light of the
simplified requirements, that the TPR and State-based systems could be
integrated and operational by the February 7, 2020, compliance date,
allowing adequate time for the States to pass implementing legislation
and modify their technology platforms as necessary. Unfortunately, due
to unanticipated delays in completing the entire IT infrastructure for
the TPR, FMCSA concludes that the compliance date of February 7, 2020,
must be extended to February 7, 2022, for the two provisions discussed
above in section II.A, ``Purpose and Summary of the Proposed Rule.''
FMCSA previously acknowledged that the American Association of
Motor Vehicle Administrators (AAMVA) and individual SDLAs, in comments
submitted to the NPRM, raised important questions and concerns
regarding transmittal of the applicant's ELDT information through the
Commercial Driver's License Information System (CDLIS). Accordingly,
the Agency said that it ``will work closely with AAMVA and the SDLAs
during the implementation
[[Page 34327]]
phase to address these issues in a way that minimizes the
administrative burden on States to the greatest extent possible.'' \2\
FMCSA continues to follow that approach and remains actively engaged
with AAMVA to identify the most efficient means of transmitting the
ELDT certification information to the SDLAs.
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\2\ 81 FR 88767 (Dec. 8, 2016).
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VI. Discussion of Notice of Proposed Rulemaking (NPRM)
Today's NPRM proposes a new compliance date of February 7, 2022,
for two provisions from 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 passenger (P) or
school bus (S) endorsement, or prior to taking the knowledge test to
obtain the hazardous materials (H) endorsement. The proposed two-year
extension of the compliance date of these two requirements, from
February 7, 2020, to February 7, 2022, is necessary to allow the Agency
time to complete full functionality for the TPR and to establish the
electronic means by which the ELDT certification information will be
transmitted to the SDLAs. The proposed extension would also permit the
SDLAs time to make necessary modifications to their IT systems that
would allow them to receive ELDT certification information from the
TPR, and to adopt required procedural changes to ensure the information
is used in accordance with the ELDT final rule. The Agency requests
comment on the proposed two-year extension of the compliance date for
the two provisions discussed above.
The proposed extension of the compliance date does not apply to any
other provision from the ELDT final rule, which retains the initial
compliance date of February 7, 2020. This means that by February 7,
2020, in order to be listed on the TPR, a training provider must meet
the applicable eligibility requirements set forth in 49 CFR part 380,
subpart G, and electronically register with the TPR, which will include
affirming, under penalty of perjury, that the provider meets the
eligibility requirements and will, at a minimum, follow the FMCSA-
prescribed curriculum for the CDL class or endorsement. Although the
TPR will not be able to accept or transmit the ELDT training
certification information needed for SDLAs to confirm that drivers are
meeting their training requirements, training providers listed on the
TPR would remain subject to the documentation and recordkeeping
requirements set forth in Sec. 380.725, beginning February 7, 2020.
The Agency intends to permit training providers to begin electronic
registration prior to the compliance date of February 7, 2020. FMCSA
will provide additional guidance on the TPR registration process before
the registration period opens.
Additionally, beginning February 7, 2020, driver applicants must
complete the training required in 49 CFR part 380, subpart F, and
comply with the requirements of 49 CFR 383.71(a)(3), (b)(11), and
(e)(5), prior to obtaining any of the following commercial license
credentials for the first time: A Class A or Class B CDL; an upgrade to
a Class B or a Class A CDL; or an H, P, or S endorsement. Driver
applicants must obtain ELDT from a training provider listed on the TPR.
The TPR will be accessible to driver applicants who need to identify a
registered training provider that meets their needs.
VII. 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.
VIII. Section-by-Section Analysis
FMCSA proposes to revise section 380.717 by changing the compliance
date for training providers to electronically transmit training
certification information to the TPR from February 7, 2020, to February
7, 2022. In section 383.73, paragraphs (b)(11) and (e)(9), FMCSA
proposes to change the compliance date from February 7, 2020, to
February 7, 2022. This would delay by two years the date by which a
State must verify the applicant has completed the required ELDT. The
Agency also proposes to revise section 384.230 by changing the
compliance date from February 7, 2020, to February 7, 2022. This date
identifies when a State must comply with the requirements of sections
383.73(b)(11) and (e)(9). In addition, current paragraph (b) of section
384.230 would be deleted in conformance with the change in the States'
compliance date. As a result of that change, current paragraph (a)
would be designated as section 384.230. Finally, the NPRM would revise
section 384.301(k) by requiring States to come into substantial
compliance with the ELDT-related requirements of sections 383.73 and
384.230 no later than February 7, 2022.
Unrelated to the delayed compliance date for these portions of the
final rule, FMCSA also proposes to make several clarifying changes to
existing ELDT-related requirements in section 383.73. In paragraphs
(b)(3) and (b)(3)(ii), the proposal would remove references to the
State performing a check for whether the applicant has completed
required training prior to initial issuance of the CDL. This proposed
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 proposed change would therefore
eliminate 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, the NPRM
would revise paragraph (e)(9) to clarify that the State must verify an
applicant's completion of required ELDT at the point of testing, not
issuance.
IX. 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
FMCSA performed an analysis of the impacts of the proposed rule and
determined it is not a significant regulatory action under section 3(f)
of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and
Review, as supplemented by E.O. 13563 (76 FR 3821, Jan. 21, 2011),
Improving Regulation and Regulatory Review. Accordingly, the Office of
Management and Budget (OMB) has not reviewed it under that Order. It is
also not significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.6 dated Dec. 20, 2018).
As discussed above, this proposed rule would delay, until February
7, 2022, the compliance date of two provisions from the ``Minimum
Training Requirements for Entry-Level Commercial Motor Vehicle
Operators'' Final Rule (81 FR 88732, Dec. 8, 2016), (ELDT final rule).
The two provisions proposed for delay are the requirement that training
providers electronically transmit training certification information to
the TPR, and the
[[Page 34328]]
requirement that States verify the applicant has completed the required
ELDT. This proposed rule would not impact any other substantive
requirement of the ELDT final rule, which retains the compliance date
of February 7, 2020.
Because FMCSA proposes to delay the implementation of these two
provisions of the ELDT final rule to 2022, this regulatory evaluation
presents the costs that would not be realized in years 2020-2021.
Because the Agency does not propose any changes to the training
requirements of the ELDT final rule, this NRPM would not impact the
benefits enumerated in the ELDT final rule.
As a result of the two-year delay, SDLAs and training providers
would experience marginal cost savings in years 2020 and 2021, with no
changes to the costs presented in the 2016 Regulatory Impact Analysis
that accompanied the ELDT final rule (2016 RIA) for years 2022-2029.
The Agency presents the costs relative to the baseline of the ELDT
final rule.
In the ELDT final rule, FMCSA assumed that SDLAs would incur costs
related to IT system modifications necessary to allow them to receive
the ELDT certification information and use it in accordance with the
ELDT final rule. Because this proposed rule would shift the SDLAs'
compliance date by two years, we conclude that any assumed costs by the
SDLAs would also be shifted two years, to 2022 rather than 2020. This
change is merely a temporal shift of a cost assumed as part of the 2016
RIA for the ELDT final rule.
FMCSA estimated in the 2016 RIA that in 2020 this IT system upgrade
would cost $1.2 million per SDLA, and therefore $60 million,\3\ across
all 51 SDLAs. FMCSA acknowledged in the 2016 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, the proposed rule shifts these costs from 2020
to 2022, which would result in a cost savings to SDLAs of $1.21 million
annualized over three years at a 3% discount rate and $2.88 million at
a 7% discount rate. These estimates of cost savings represent the sum
across all 51 SDLAs.
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\3\ The 2016 final RIA estimated costs and benefits in 2014
dollars. 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. Using estimates updated to 2018 dollars, 51 SDLAs x $1,171,180
= $59,730,159.
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In the 2016 RIA, FMCSA estimated that training providers would
incur costs starting in 2020 for submitting training certificate
information to the TPR. FMCSA estimates that this proposed rule, by
deferring these training provider costs to 2022, would result in cost
savings to training providers of $6.84 million at a 3% and $7.25
million at a 7% discount rate on an annualized basis over three
years.\4\
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\4\ The 2016 RIA annualized costs over the ten-year period
estimated. As this proposed rule would be shifting costs out to
begin in 2022, FMCSA annualized costs over 2020, 2021, and 2022.
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The Agency estimates that this proposed rule would result in total
annualized cost savings over a three-year period of $8.06 million at a
3% discount rate and $10.13 million at a 7% discount rate.
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
E.O. 13771 was issued on January 30, 2017 (82 FR 9339, Feb. 3,
2017).
This proposed rule is expected to have total costs less than zero
and would qualify as an E.O. 13771 deregulatory action if finalized.
The present value of the cost savings of this proposed rule, measured
on an infinite time horizon at a 7% discount rate, expressed in 2016
dollars, and discounted to 2020 (the year the proposed rule would go
into effect and cost savings would first be realized), is $18 million.
On an annualized basis, these cost savings are $1 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% discount rate, expressed in 2016 dollars,
and discounted to 2016, is $14 million. On an annualized basis, these
cost savings are $1 million.
C. 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 (5 U.S.C. 601(6)). 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.
As part of the ELDT final rule, FMCSA prepared a Final Regulatory
Flexibility Analysis (FRFA). As noted in that FRFA, the ELDT final rule
would affect all entities that choose to become training providers.
Accordingly, this NPRM would also affect all entities choosing to
become training providers. As shown in the FRFA,\5\ FMCSA estimated
that approximately 4.6 million small entities could employ entry-level
drivers, but that only 22,000 entities would register with FMCSA to
become training providers. The impact of this NPRM on those entities
that choose to become training providers would be even less than the
$500 in the first year that the 2016 RIA estimated, as the costs for
the first year of this NPRM would now only include costs for uploading
individual entry-level driver training certifications, as registering
in the TPR will have already been completed as required by the ELDT
final rule. As the full $500 first year cost estimate used in the 2016
RIA and FRFA was determined to be less than 1% of revenues for entities
in any of the potentially affected industries, the same would be the
case for any cost estimate lower than $500. Therefore, I certify that
the proposed action would not have a significant economic impact on a
substantial number of small entities.
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\5\ Section 5 of the 2016 RIA.
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D. 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 NPRM so that they can better evaluate its effects
on themselves and participate in the rulemaking initiative. If the
proposed rule would 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 NPRM. 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
[[Page 34329]]
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.
E. 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 $161 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2017 levels) or more
in any one year. This proposed rule would not result in such an
expenditure. However, the Agency does discuss the economic effects of
this NPRM in section VIII, subsections A. and B., above.
F. Paperwork Reduction Act
This proposed rule would call 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
NPRM to the Office of Management and Budget (OMB) for its review of the
collection of information renewal, and will provide notice and an
opportunity for public comment on the estimate. It is the agency's
intent to obtain OMB approval for the revised collection of information
in advance of the February 7, 2020, compliance date for training
providers under the 2016 ELDT final rule, to allow them time to
complete the TPR registration process prior to February 7, 2020.
G. 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 proposal
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.
H. E.O. 12988 (Civil Justice Reform)
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. 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. The Agency determined this proposed rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, the Agency does not anticipate that
this regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
J. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this proposed rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it would not effect a taking of
private property or otherwise have taking implications.
K. 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
cover this proposed action.
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 developed to reflect
the new storage and electronic transmission of information and 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.
L. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
NPRM.
M. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this proposed 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 it is not a
``significant regulatory action'' 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.
N. 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.
[[Page 34330]]
O. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (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.
P. Environment
The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to 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 NPRM would only delay the compliance date of portions
of the ELDT final rule without any other substantive change to the
regulations, FMCSA proposes to continue to rely upon the previously
published EA to support this NPRM. As noted in that EA, implementation
of the ELDT final rule would impose 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 are evaluated in the EA include air quality, hazardous materials
transportation, solid waste, and public safety. But the impact area of
focus for the EA is air quality. Specifically, as outlined in the 2016
RIA for the ELDT final rule, FMCSA anticipated that an increase in
driver training will 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. FMCSA expects that all negative impacts, if any, will be
negligible. However, we expected the overall environmental impacts of
the ELDT final rule to be beneficial.
Q. 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 proposed 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 proposes to amend
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.
0
2. Amend Sec. 380.717 by revising the introductory text to read as
follows:
Sec. 380.717 Training certification.
Beginning on February 7, 2022, after an individual completes
training administered by a provider listed on the TPR, that provider
must, by midnight of the second business day after the driver-trainee
completes the training, electronically transmit training certification
information through the TPR including the following:
* * * * *
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
3. 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.
0
4. Amend Sec. 383.73 by revising paragraph (b)(3) introductory text,
paragraphs (b)(3)(ii), (b)(11), and (e)(9) to 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;
* * * * *
(11) Beginning on February 7, 2022, not conduct a skills test of an
applicant for a Class A or Class B CDL, or a passenger (P) or school
bus (S) endorsement, until the State verifies electronically that the
applicant completed the training prescribed in subpart F of part 380 of
this subchapter.
* * * * *
[[Page 34331]]
(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
5. 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.
0
6. Revise Sec. 384.230 to read as follows:
Sec. 384.230 Entry-level driver certification.
Beginning on February 7, 2022, a State must comply with the
requirements of Sec. 383.73(b)(11) and (e)(9) to verify that the
applicant completed the training prescribed in subpart F of part 380.
0
11. Amend Sec. 384.301 by revising paragraph (k) to read as follows:
Sec. 384.301 Substantial compliance-general requirements.
* * * * *
(k) A State must come into substantial compliance with the
requirements of subpart B of this part and part 383 of this chapter in
effect as of February 6, 2017, as soon as practicable but not later
than February 7, 2022.
* * * * *
Issued under the authority of delegation in 49 CFR 1.87.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-14956 Filed 7-17-19; 8:45 am]
BILLING CODE 4910-EX-P
