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DOT/FMCSA RIN: 2126-AB66 Publication ID: Fall 2016 
Title: Entry-Level Driver Training(Section 610 Review) 
Abstract:

FMCSA establishes new minimum training standards for certain individuals applying for their commercial driver's license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. These individuals are subject to the entry-level driver training (ELDT) requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA's Training Provider Registry (TPR). FMCSA will submit training certification information to State driver licensing agencies (SDLAs), who may only administer CDL skills tests to applicants for the Class A and B CDL, and/or the P or S endorsements, or knowledge test for the H endorsement, after verifying the information is present in the driver's record. This final rule responds to a Congressional mandate imposed under the Moving Ahead for Progress in the 21st Century Act (MAP-21). The rule is based on consensus recommendations from the Agency's Entry-Level Driver Training Advisory Committee (ELDTAC), a negotiated rulemaking committee that held a series of meetings between February and May 2015.

 
Agency: Department of Transportation(DOT)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 380    49 CFR 383    49 CFR 384   
Legal Authority: 49 USC 31136   
Legal Deadline:  None

Statement of Need:

This final rule enhances the safety of commercial motor vehicle (CMV) operations on our Nation's highways by establishing a minimum standard for entry-level driver training (ELDT) and increasing the number of drivers who receive ELDT. It replaces existing mandatory training requirements for entry-level operators of CMVs in interstate and intrastate operations required to possess a CDL. The minimum training standards established in today's rule are for certain individuals applying for a CDL for the first time, an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL), or a hazardous materials, passenger, or school bus endorsement for the first time. These individuals are subject to the ELDT requirements and must complete a prescribed program of instruction provided by an entity listed on FMCSA's Training Provider Registry (TPR).

Summary of the Legal Basis:

FMCSA's legal authority to propose this rulemaking is derived from the Motor Carrier Act of 1935, the Motor Carrier Safety Act of 1984, the Commercial Motor Vehicle Safety Act of 1986, and the Moving Ahead for Progress in the 21st Century Act.

Alternatives:

The Agency considered several alternatives ini developing the NPRM, but fully evaluated the alternative adopted by the negotiated rulemaking committee in the NPRM analysis.

Anticipated Costs and Benefits:

While FMCSA believes that this final rule would at minimum achieve cost-neutrality, the net of quantified costs and benefits results in an annualized net cost of $142 million at a 7% discount rate. A 3.91% improvement in safety performance (that is, a 3.91% reduction in the frequency of crashes involving those new entry-level drivers who would receive additional pre-CDL training as a result of this final rule during the period for which the benefits of training are estimated to remain intact) is necessary to offset the $142 million (annualized at 7%) net cost of this final rule.

Risks:

A risk of a driver not receiving adequate training before applying for a CDL.

Timetable:
Action Date FR Cite
NPRM  03/07/2016  81 FR 11944   
NPRM Comment Period End  04/06/2016  81 FR 11944   
Final Rule  11/00/2016 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 2126-AB06 
Agency Contact:
Sean Gallagher
Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Avenue NE,
Washington, DC 20226
Phone:202 648-7070
Email: sean.p.gallagher@usdoj.gov