Attachment I - Partial Extension of Compliance Date 84 FR 34324

34324

Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Proposed Rules

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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking;
extension of compliance date.
AGENCY:

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

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SUMMARY:

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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 driverspecific 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

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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Proposed Rules
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)

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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 81⁄2 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.

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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

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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.

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B. Costs and Benefits
The Agency estimates that this
proposed rule would result in
annualized cost savings over a threeyear period of $8.06 million at a 3%
discount rate and $10.13 million at a
7% discount rate.
III. Abbreviations and Acronyms

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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
§ 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

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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-thewheel (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-

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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
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
1 See

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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.
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 FMCSAprescribed 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
2 81

FR 88767 (Dec. 8, 2016).

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drivers are meeting their training
requirements, training providers listed
on the TPR would remain subject to the
documentation and recordkeeping
requirements set forth in § 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

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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 ELDTrelated 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

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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%
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 ×
$1,171,180 = $59,730,159.

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discount rate and $2.88 million at a 7%
discount rate. These estimates of cost
savings represent the sum across all 51
SDLAs.
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
The Agency estimates that this
proposed rule would result in total
annualized cost savings over a threeyear 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
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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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.
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
5 Section

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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.

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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

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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.

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34329

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.

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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.

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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

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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.

Pub. L. 102–240, 105 Stat. 1914, 2151; sec.
32304, Pub. L. 112–141, 126 Stat. 405, 791;
and 49 CFR 1.87.

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.

PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES

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
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),

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2. Amend § 380.717 by revising the
introductory text to read as follows:

■

§ 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 drivertrainee completes the training,
electronically transmit training
certification information through the
TPR including the following:
*
*
*
*
*

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.

4. Amend § 383.73 by revising
paragraph (b)(3) introductory text,
paragraphs (b)(3)(ii), (b)(11), and (e)(9)
to read as follows:

■

§ 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 § 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.
*
*
*
*
*

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(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
5. The authority citation for part 384
continues to read as follows:

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■

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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.
■

6. Revise § 384.230 to read as follows:

§ 384.230

Entry-level driver certification.

Beginning on February 7, 2022, a
State must comply with the
requirements of § 383.73(b)(11) and
(e)(9) to verify that the applicant
completed the training prescribed in
subpart F of part 380.
■ 11. Amend § 384.301 by revising
paragraph (k) to read as follows:

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§ 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

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