ANPRM entitled "Commercial Motor Vehicles: Training for Entry-Level Drivers."

33874

Federal Register 1 Vol. 58, N O . 117 1 Monday, June 21, 1993 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

rulemaking proceeding muat be
completed by December 18.1993. Ifthe
Federal Highway Admlnlstmtlon
FHWA determines that it is not in tba
public interest to issue a rule thet
49 CFR Part 383
requires training for all entry level
drivers, the FHWA must submit to
[FHWA Docket No. -12)
Congress a report explaining that
RIN 212!%ADO5
decision by January 18.1994, together
with the results of a cost-benefit
Tralnlng for All Entry Level Drhmrs ol
analysis of a training requimment.
Commercial Motor Vehicles (CMVs)
Section 4007(a)(l) requiresan
AGENCY: Federal Highway
additional report to Congress on the
Administration (FHWA). DOT.
effectiveness of private sector e&ts to
ensure adequate training of en level
ACTION: Advance notice of proposed
drivers of CMVs. The FHWA wi
3
rulemaking (ANPRM); request for
consider the information developed f’or
comments.
the latter report ln this rulemaking and
SUMMARY: The FHWA iS P3qUeSthg
will consider any information submitted
comments from interested parties
to the docket on this rulemaking ln
concerning the need to require training
pre aration of the requimd report.
of aI1 entry level drivers of commercial
1%e FHWA is responsible for
motor vehicles (CMVs). This action is in
promulgating Federal regulationa
response to section 4007 of the Motor
designed to ensure the safe operation of
Carrier Act of 1991. If the FHWA
CM% To date, the FHWA haa not
determines that it is not in the public
mandated minimum tmIning standarda
interest to issue a rule that requires
for operators of CMVs because of tbr
training of all entry level drivers,
subsiantial progress being made by the
.section 4007requirestheagencyto
motor tier industry in voluntarily
submit a report to Congress on the
implementing the FHWA’s “‘MO&
mason for the decision, together with
Curriculum for Training Tractor-Tmiler
the results of a cost-benefit anal is
Drivers” (1985, GPO Stock No. 050conducted as part of the rulema ring
001-00293-1), as more fully U
proceedings.
below. However. the FHWA bas
initiated an ANPRM related to training
DATES: Comments must be received on
standards of longer combination vehicle
or before August 20,1993.
&CVl operators aa directed by section
ADORES%% Submit written, signed
4007(b) of the Motor Carrier Act OflWi.
comments to FHWA Docket No. MG
93-12, room 4232, HCC-10. Office of ’ This ANF’RM was published at 58 PIL
4638011 Janu
15.1993.
Chief Counsel, Federal Highway
All LCVs, de
3ned in sections 1023(b)
?idministration, 400 Seventh S&t SW.,
and 4007(f) of the ISTEA as “any
Washington, DC 20590. All comments
combination
of a truck tractor and two
received will be available for
or more trailers or semitrail- which
examination at the above address &oat
operate on the Interstate System 8t 6
8:30 a.m. to 3:30 p.m., e-t., Monday
groea vehicle weight greater than 80,WO
through Friday, except legal Federal
holidays. Those desiring notification of pounds,” arm necessarily CMVa
receipt of comments must include a self- However, because of the aepurate LCV
training requirements rule- L#
addressed, stamped postcard.
drtvere wtll not be considered hem.
FOR FURTHER INFORMATION CONTACT. Mr.
Although transit buses (designed to
Jerry L. Robin, Driver Standards
transport 16 or more assengers) rlsa
Division, Office of Motor Carrier
meet the definition oPa CMV, they wiil
Standards (202) 366-2985. or Mr.
not be considered either becrrw than
Charles Medalen, Office of Chief
vehicles are almost all operated by
Counsel,(202) 366-1354, Federal
mu&i alitiea or other public
c&s.
Highway Administration, 400 Seventh
Since JeISTEAspecifiestb8t r
0
Street SW., Washington, DC 20590.
FHWA report on the effectiveness of
Office hours are from 7:45 a.m. to 4:15
“ rivate sector efforts” to %nrure
p.m., e.t., Monday through Friday,
a xequate training of CMV drivem, we
except legal Federal holidays.
believe Congress intended to ax&&
SUPPLEMENTARY INFORMATION: Section
trainin of transit bus drivers from th&
4007(a)(2) of the Motor Carrier Act of
rulemaL‘ng. We have also decided not
1991 directs the FHWA to issue a
to study the specific training
rulemaking on the need to require
requirements for drivers of v&i&e
training of all entry level drivers of
transporting placardable quantities of
CMVs. Intermoclal Surface
hazardous materials. The Department of
Transportation Efficiency Act of 1991
Transportation’s Research and Specbl
(ISTEA). Public Law 102-240, Section
Programs Administration adopted
4007,105 Stat. 1914,215l.This
training requirements for these drivers

in1992 (57FR20944, May 15,1992)
which are codified at 49 CRR 177.800,
177.816 and 177.825.
Applicability
As defined in 49 CFR 383.5, a CMV
is a motor vehicle or combination of
motor vehicles used in commerce to
transport passengers or property if the
vehicle(a) Has a gross combination weight
rating of 26,001 or more pounds
inclusive of a towed unit with a gross
vehicle weight rating of more than
10.000 pounds;or
(b) Has a gross vehicle weight rating
of 26.001 or more pounds; or
(c) is designed to transport 16 or more
passengers, including the driver; or
(d) is of any size and is used in the
transportatioh of materials found to be
hazardous for the purposes of the
Hazardous Materials Transportation Act
and which require the motor vehicle to
be placarded under the Hazardous
Materials Regulations (49 CFR part 172,
sub art F).
APthough the definition of a CMV in
the Motor Carrier Safety Act of 1984
included a weight threshold of 10.001
pounds or more (49 CFR 390.51, the
FHWA believes an potential CMV
training standard sE ould be considered
an additional CDL requirement and thus
subject to the higher jurisdictional
threshold of that program.
Bdrgromd
Intheearly 1980'stheFHWA
determined that a need existed for
technical guidance ln the area of truck
driver training. Research at that time
showed that many driver training
schools offered little or no structured
curriculn or uniform training plans.
To help address this situation. the
FHWA d&eloped. and in 1985 k,wd,
the “Model Curriculum for Training
Tractor-Trailer Drivers” which is based
on FHWA’s “Proposed Minimum
Standards for Training Tractor-Trailer
Drivers” (1984). The Model Curriculum,
as it is known in the industry, is a broad
set of recommendations which
incorporates standardized minimum
am curriculum requirements and
training materials, as well aa standards
pertaining to vehicles, facilities,
instructor hiring practices, graduation
requirements, and student placement.
The Curriculum content Includes the
following: basic operation, safe
operating practices, advanced operating
practices, vehicle maintenance, and
nonvehicle activities. In essence, the
Model Curriculum addresses all the
critical aspects of entry level truck
driver training. It is designed so
students who successfully complete it

Mondtiy
June 21, 1993

Part 111

Department of _
Transportation
Federal Highway Administration
49 CFR Part 383
Commercial Motor Vehicles: Training for
All Entry Level Drivers; Proposed Rule

r4

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hderd -or / Vd. 58, NO. 117 / Monday, June 21, 1993 / proposed Rules
canbeexpectedtoperfornrsctual~
trsctor-trailer driving skills competently
and safely.
hi 1986, the Professional Tuck Driver
Institute of America (PTDIA) was
created by the motor carrier industry to
certify acce table training programs
offered by tg e truck driver training
schools. The Model Curriculum,
slthough modified to meet the
administrative needs of the PTDIA. is
the basis for the PTDIA’s certification
criteria. The FHWA research report
(Dee 1989) entitled “Survey of TractorTrailer Driver Tmining Courses”
indicates on page 8:
The influence snd sccaotsb~itv of the
miwNmfke of Motor c53miws ZOMc)l
truck driver training guidelines snd materiala
among the schmls sod tminiog programs
SWWpdinthlSproiectbObVlour.
Orgadzationa bsw revbed their wursea.
rebuiit OT remodeled their mgrsms and
i.mDlemented cudxhxm &anues. manv of

em-m major* in tlmir attempt to”kJiilnu a&
meet the FHWNOMC ‘%commended
FHWA/OMCmodd&obvious~ba

mada

The moat significant WDWA of LaUQIcdd
pmgrassia&atItirbaiigachiwadthmugh
volunbly rather than mandatory action.
A copy of the report will be included in
the docket for review.
The Commercial Motor Vehicle Safety
Act of 1986 (CMVSA), although not
directly targeted at driver training, was
intended to improve highway safety. 49
U.S.C. a p. 2301-2316. Its goal is to
ensure tLt drivers of large trucks and
buses assess the knowledge and skills
to safeP 0 rate those vehicles on
publicLr
* ways. The CMVSA
established the CDL program and
directed the FHWA to estabhsh
minimum national standards which
States must meet when licensing CMV
drivers. The CMVSA applies to anyone
who operates a CMV in intrastate,
interstate, or foreign commerce,
including most employees of Federal,
State, and local go~eniments.
In accordance with the CMVSA. all
drivers of CMVs were required to obtain
a valid CDL by April 1,1992. in order
to be mperly qualified to operate the
vehicPe(s) they drive. In addition to
passing the CDL knowledge and shills
tests required for the basic vehicle
group, all persons who operate or expect
to operate the following vehicles, which
have special handling characteristics,
must obtain endorsements under 49
CFR 383.93: double/triple trailers, tank
vehicles, passenger vehicles, or CtvlVs
required to be placarded for hazardous
materials. For the
nger vehicle
endorsement, the r
ver must pass
knowledge and skills tests. For all other

vehicle endorsements, the tiver’k

33875

4. CM governmental or private
standards thet guide the training of
%i Ed%, entry level drivers be uesd to determine
require the comprehensive tra.&ng
the adequacy of entry level driver
PrOPOSed in the Model Curriculum
trahing? Why are these standards
since the CDL is a “licensing standard” appm riate?
as opposed to a “training standard.‘*
5. lpoobtainaCDL.aCMVdriver
Although there sre no prerequisite
must demonstrate knowledge and skills
Federal or State training requirements to needed to operate a CAN. Are these
obtain a CDL the driver must
tests suKioiently comprehensive to
demonstrate the required minimum
accurately measun3 a driver’s
knowledge snd/or skills nBcB88aTy to
performance? Please explain why or
operate a CMV. To date, the States and
why not. Provide information on
the District of Columbia have issued
specific deficiencies.
over 6 million CDLS.
6. Should training requirements for
In an effort to meet the requirements
entry level C?vfV drivers be federallyof section 4007(al of the ISTEA, the
mandated?
FHWA recently contracted with
NumberofDrivenTrain~
Applied Science Associates,
Incorporated (ASA]. in part to assess the
7. What is an “entry level CMV
effectfveness of private sector eKorts to driver?”
8. What industry-wide initiatives or
ensure adequate training of entry level
policies, if any, reasonably assure that
drivers of CMVs. The objectives of this
the majority of sll entry level drivers are
hase of the pmject focused on entry
Peve1 driver training are to determine (1) t.Nhd?
9, How many truck driver training
the scope and content of entry level
schools and m&or CaRier programsQvfV driver trainin in the private
train entrv level drivers? what
sector and (21 the efectiveness of
private sector eKorts to ensure adequate nercenta& of those enrolled
training of entry level drivers of CMVs. *uccessf;lly completes such trainin 1
10. Is the successful comoletion 0T an
The FHWA will use the information
entry level Ch4V driver &a&ins program
generated by this research pmject,
(either before or after hiring) a
which is expected to be completed by
the Fall of 1994. to formulate the report requirement for the drivers employed by
your company?
required by section 4007(a)(l) of the
11. Describe the training
ISTEA. In addition, the FHWA will
opportunities available for drivers of
make the information submitted to the
smaller tnxking companies/ownerrulemaking docket on this ANPRM
operators. What ercentage of those
available to ASA for appropriate
enrolled successR Ily completes such
analysis and use in the research efiort.
trsining?
R&making and Questions for
Entry Level Driver Training Cost/
comment
Bern&
To fully understand the various issues
12. Describe the expected benefits and
related to training for all entry level
estimated dollar costs for the following
CM? drivers and in conjunction with
types of training:
the ASA study, the FHWA is soliciting
a. Resident training at public and
comments on the following areas.
private truck driver training schools,
Respondents are encouraged to submit
in&ding trade, vocational and
additional information they believe
community college programs;
relevant to this rulemahing.
b. Home study or correspondence
On the Adequacy of Entry Level
courses in combination with hands-on
TrainingProvided
behind-the-wheel training:
c. Training by motor carriers through:
1. How can the ad uacy of training
-Formal school setting
be defined? What m3 anisms exist to
--On-the-job training (LIT., learning by
measure adequacy?
working with an experienced driver
2. What standards exist to ensure that
as a trainer); and
training provided by schools and
emplo em is adequate for entry level
d. Ektemships (i.e., combination truck
truck h‘ver training?
driver training schools and motor carrier
3. What should sn adequate truck
operations).
driver training program include (for
Other Than Entry Level Driver Training
exam le night driving, behind-the
13. Although the primary purpose of
wheeP training, and classroom
this ANPRM is to gather information on
instruction)? What is the minimum
entry level truck driver training, the
amount of time (or number of hours)
that should be devoted to each of these FHWA would like to collect some
information on the training experienced
components?

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33876

r

pi x@etar / vol. 58, No. 117 I Monday, June 21, 1993 / Proposed Rules

Regulahy Flexibility Act
A rule requiring training for entry
level drivers could hew a significant
economic effect on a substantial number
of small entities. The information
solidted in this AM’itbf will be used to
evaluate that effect, and a more detailed
statement aa mquired by the Resulat~ry
Rulemaking A&see and Noticea
Flexibility Act (5 USC 6014312) will
ba included In the next rulemaking
Executive Order 12291 (Fedeml
document on this subject. SpdfiC
Regulation) and DOT Regulatory
comments, information and datn am
Policies and knxdures
solidted on the economic impact of this
rulemeking on small entitieh
The FXWA is unable to determine
whether this action ir major within the
Executive Order 12612 (Fedemlism
meaning of Executive Order 12291 due
Assessment)
to the preliminary nature of tht
This action has been analyzad in
rulemaking. However, because of the
accordance with the prindplea and
public interest in commercial motor
contained in Executive Order
vehicle safety, this notice is considered aiteria
12612. and the FHWA certifies that the
significant within the meaning of
policies contained herein do not haw
Depaltmant of Transportation regulatory sufficient federalism implications to
policies and procedures.
warrant the preparation of a Federalism
Given the lack of necessary
Assessment
information on a&s to the motor carrier Executiw Order 12372
industry, the FHWA ie unable to
(IntergowmmentaJ Review]
evaluate the economic impact of l
Catalog of Federal Domestic
regulatory requirement for mandatory
Asaistamx
Program Number 20.217,
training fix entry level Ch4V drivers.
ti0m
The information received in response to Motor Carrier !Safety. The
czz??12372
implementing
Executive
this notice will be used to evaluate the
regarding intergovernmental
costs and benefits asaodated with
consultation on Federal programs and
various altmnaUw requirements.
activities apply to this program.
Comments, information, and data are
solidted on the economic impact of this Papemork Reduction Act
rulemaking.
This action does not contain a
collection of information requirement

drivers mceiw. Please describe the type
andfrequencyoftraining.ifmy,that
you offer or financially support for the
more experiellced CMV driVen Of yWr
company. Is this Mning m@red at
certain specific intervals or provided
only on an “as needed” basis?

for purposes of the Paperwork
Raduction Act of 1960. (44 USC. 35613520).
National Environmentd Policy AC:
This agency has analyzed this action
for the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et q.) and has determined
that this action would not have any
effect on the quality of the environment.
Regulation Identification Number
A regulation identification number
(RIN) is assigned to each regulatory
action listed in the Unified Agenda of
Federal Regulations. The Regulatory
Information Service Center publishes
the Unified Agenda in April and
October of each year. The RIN contained
in the heading of this document can be
used to cross reference this action with
the Unified Agenda.
List of Subjects in 49 CFR Part 383
Commercial driver’s license testing
and licensing standards, Highways and
roads. Motor vehicle safety.
[Section 407. pUb.L 10%240.105 Stat.
1914,2151;23 U.S.C 315;49WR 1.48)
Issued on: Juns15,1993.
ROdOUJR.Sktw.
Administm&r
[FRDoC93&0Piled 6-laQ3;8:45aml
BlLuMecona~~