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DOT/FMCSA

RIN: 2126-AB02

Publication ID: Fall 2007

Title: Commercial Driver's License Testing and Commercial Learner's Permit Standards
Abstract: This rulemaking would establish revisions to the commercial driver's license knowledge and skills testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue commercial learner's permits (CLPs), based in part on the requirements of section 4122 of SAFETEA-LU. In addition, to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver's record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver's State of Domicile, and incorporate previous regulatory guidance into the Federal regulations. This rule would also address issues raised in the SAFE Port Act.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 49 CFR 380 49 CFR 383 49 CFR 384 49 CFR 385
Legal Authority: 49 USC 31102 and 31136 PL 105-178, 112 Stat 414 (1998) PL 99-570, title XII, 100 Stat 3207 (1086) Sec 4007(a)(1) of PL 102-240, 105 Stat 1914, 2151 Sec 4122 of PL 109-59 (2005) Sec 703 of PL 109-347

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		04/14/2008

Overall Description of Deadline: The statutory deadline results from section 703 of the SAFE Port Act (enacted October 13, 2006). The Act requires the Agency to implement certain statutory provisions within 18 months of enactment.

Statement of Need: This proposed rule would create a Federal requirement for a commercial learner's permit (CLP) as a pre-condition for a commercial driver's license (CDL) and make a variety of other changes to enhance the CDL program. This would help to ensure that drivers who operate CMVs are legally licensed to do so and that they do not operate CMVs without having passed the requisite tests.

Summary of the Legal Basis: The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Public Law 99-570, Title XII, 100 Stat. 3207-170; 49 U.S.C. chapter 313); section 4122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU) (Public Law 109-59, 119 Stat. 1144, at 1734; 49 U.S.C. 31302, 31308, and 31309); and section 703 of the Security and Accountability For Every Port Act of 2006 (SAFE Port Act) (Public Law 109-347, 120 Stat. 1884, at 1944). It is also based in part on the Motor Carrier Safety Act of 1984 (MCSA) (Public Law 98-554, Title II, 98 Stat. 2832; 49 U.S.C. 31136, and the safety provisions of the Motor Carrier Act of 1935 (MCA) (Chapter 498, 49 Stat. 543, codified at 49 U.S.C. 31502).

Alternatives: There are 17 issues described in this rulemaking document and several alternatives were considered for each.

Anticipated Costs and Benefits: We estimate 10 year costs (discounted at 7 percent) at $25,836,000, total benefits at $95,913,000, and net benefits over 10 years at $70,076,000.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.

Timetable:

Action	Date	FR Cite
NPRM	02/00/2008

Additional Information: Docket ID: FMCSA-2007-27659
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: State
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: Yes
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
Agency Contact: James Davis Commercial Driver's License Division Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue S.E., Washington, DC 20590 Phone:202 366-6406 Email: james.davis@dot.gov