Notice2022-20406
Agency Information Collection Activities; New Information Collection: Effectiveness of Third-Party Testing and Minimum Standards for Commercial Driver's License (CDL) Knowledge and Skills Tests
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. This ICR is related to the collection of information to determine the effectiveness of (a) third party testing programs as they relate to commercial driver's license (CDL) skills and knowledge tests and (b) minimum testing standards for CDL skills and knowledge tests.
Full Text
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<title>Federal Register, Volume 87 Issue 182 (Wednesday, September 21, 2022)</title>
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[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Notices]
[Pages 57748-57750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20406]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0174]
Agency Information Collection Activities; New Information
Collection: Effectiveness of Third-Party Testing and Minimum Standards
for Commercial Driver's License (CDL) Knowledge and Skills Tests
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. This ICR is related to
the collection of information to determine the effectiveness of (a)
third party testing programs as they relate to commercial driver's
license (CDL) skills and knowledge tests and (b) minimum testing
standards for CDL skills and knowledge tests.
[[Page 57749]]
DATES: Comments on this notice must be received on or before November
21, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Docket Number FMCSA-2022-0174 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including
any personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and follow the
online instructions for accessing the docket, or go to the street
address listed above.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its decision-making process.
DOT posts these comments, without edit, including any personal
information the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>. As
described in the system of records notice DOT/ALL 14-FDMS, which can be
reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>, the comments are
searchable by the name of the submitter.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``FAQ'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division,
Office of Analysis, Research, and Technology, DOT, FMCSA, West Building
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 202-
366-4354; <a href="/cdn-cgi/l/email-protection#036d6a606c6f662d6e6a606b666f43676c772d646c75"><span class="__cf_email__" data-cfemail="056b6c666a69602b686c666d606945616a712b626a73">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The CDL Program was enacted through the Commercial Motor Vehicle
Safety Act of 1986 (CMVSA) (Pub. L. 99-570, 100 Stat. 3207-170) in
response to jurisdiction concerns about avoidable commercial motor
vehicle (CMV) crashes and commercial driver qualifications. The CMVSA
required the Secretary of Transportation to promulgate regulations
establishing minimum Federal requirements for CMV driver licensing,
testing, qualifications, and driver classifications depending on the
vehicle configuration. CMVSA further established the ``one driver, one
license'' requirement, prohibiting any person who does not hold a valid
CDL or learner's permit issued by his or her jurisdiction of domicile
from operating a CMV that requires a driver with a CDL and established
additional requirements for drivers who transport hazardous materials.
The prohibition further affected driver training activities by
requiring trainees to receive the training and behind-the-wheel
experience necessary to acquire their CDL in their jurisdiction of
domicile. CMVSA became law in 1992 and the requirements of the Act are
implemented in Title 49, Code of Federal Regulations (CFR), Parts 383
and 384, with Part 383.51 establishing disqualifications and penalties
for drivers convicted of traffic violations.
In 2005, AAMVA developed a model testing system that FMCSA
approved, thus ensuring that jurisdictions using the Test Model
maintain compliance with Federal Motor Carrier Safety Regulations
(FMCSRs) governing CDL program training and licensing standards. In
2011, FMCSA established by regulation a requirement that all
jurisdictions utilize a testing system that substantially conforms with
the AAMVA 2005 Test Model (76 FR 26853). The Test Model, which was
upgraded in 2010 and 2014, is currently being used to some degree in
all 51 jurisdictions, however, the safety benefits and potential
benefits of utilizing the AAMVA V Test Model have not been fully
evaluated.
In the Moving Ahead for Progress in the 21st Century Act
legislation signed into law on July 6, 2012, Congress passed a
requirement for FMCSA to establish an entry level driver training
(ELDT) program that both enhanced existing training standards and
established minimum level CDL requirements consistent across all
jurisdictions (Pub. L. 112-141, 126 Stat. 405). FMCSA's goal was to
raise the standard of training, improve the quality of training, and
ensure that each location developed a Safety Management System to
reduce commercial vehicle accidents in every jurisdiction. Implemented
in 49 CFR part 380, subpart F, the ELDT rule revised the mandatory
training requirements for entry-level CMV operators who are required to
possess a Class A or B commercial driver license; seek to upgrade their
CDL; or wish to obtain a hazardous material, school bus, or passenger
endorsement (86 FR 34631). The ELDT program was implemented beginning
February 7, 2022.
An additional benefit of implementing ELDT is that the training
standards and minimum level CDL requirements will apply to both
jurisdiction and third-party examiners. Many jurisdictions rely
extensively on third-party entities to provide training and conduct
knowledge and skills tests. FMCSA currently prohibits the same third-
party entity from serving as both trainer and examiner. Current
prohibitions limit the ability jurisdictions have to increase training
capacity. This has resulted in the more frequent use of third-party
entities to make up shortfalls between the demand for CDLs and a
jurisdiction's ability to provide training and examinations. There is a
well-documented driver shortfall in the trucking industry and the use
of third-party entities to conduct training and examinations helps with
increasing examiner capacity and reducing delays in drivers being
issued CDLs. However, a challenge for FMCSA and jurisdictions is that
to date, there is limited research available correlating driver
performance with the type of training received (jurisdiction or third
party).
An additional challenge that has faced the CDL program since its
inception has been fraud associated with the current AAMVA test model.
The provisions of 49 CFR 384.228 and 384.229 are intended to provide
states with a mechanism for detecting potential fraud and ensuring that
all requirements are being addressed. Maintaining proper oversight and
auditing third-party training providers remains a challenge
[[Page 57750]]
for SDLAs. The Training Provider Registry requirement for self-
certification of compliance with ELDT and state licensing requirements
adds to this challenge and will require SDLAs to allocate additional
resources to ensure third-party training provider self-certifications
are accurate and meet all requirements.
To address these information gaps, FMCSA is conducting a project
titled ``Effectiveness of Third-Party Testing and Minimum Standards for
the CDL Knowledge and Skills Test'', which will assess the
effectiveness of the ELDT program, assess third-party training provider
performance, and verify/validate compliance with ELDT minimum
standards. This project is intended to address the following research
questions:
1. Is there evidence of increasing or decreasing fraud among third-
party examiners based on the pass rates and subsequent safety history
of CDL holders who were tested by third-party testers?
2. Are there significant differences in the outcomes of third-party
testing on CDL testing?
3. Would it be feasible to conduct a future study on the safety
impacts of delegating CDL knowledge testing to third-party testers
based on available data?
4. How do the driving histories of drivers who received behind-the-
wheel training (pre-ELDT requirements) compare to drivers who completed
the new ELDT requirements?
5. How do the driving histories of drivers who received theory
instruction (pre-ELDT requirements) compare to drivers who completed
the new ELDT requirements?
6. How do skills test pass rates of drivers pre-ELDT compliance
compare to pass rates of drivers after the ELDT compliance date?
7. Are there identifiable safety benefits that have been realized
by the adoption of the 2005 AAMVA CDL Test Model?
8. Are there external factors preventing SDLAs and the CDL
community from achieving the full potential of safety benefits of the
2005 AAMVA CDL Test Model?
This one-time survey is necessary to determine institutional and
programmatic issues in assessing the effectiveness of the ELDT programs
and where improvements should be made; this will ultimately contribute
to the safety of our transportation system. The survey will allow
researchers to determine which version of the AAMVA V test model (or
equivalent) is being utilized, as required by 49 CFR parts 383.131-133.
Title 23, United States Code (U.S.C.), Chapter 4, Section 403
authorizes the Secretary to use funds appropriated to carry out this
section to conduct research and development activities, including
demonstration projects and the collection and analysis of highway and
motor vehicle safety data and related information with respect to all
aspects of highway and traffic safety systems and conditions relating
to vehicle, highway, driver, passenger, motorcyclist, bicyclist, and
pedestrian characteristics; accident causation and investigations; and
human behavioral factors and their effect on highway and traffic
safety, including driver education, impaired driving and distracted
driving; and research on, evaluations of, and identification of best
practices related to driver education programs (including driver
education curricula, instructor training and certification, program
administration, and delivery mechanisms) and make recommendations for
harmonizing driver education and multistage graduated licensing
systems; and the effect of State laws on any aspects, activities, or
programs described in subparagraphs (A) through (E). (See 23 U.S.C.
403(b)(1)(A)(i)-(ii), 23 U.S.C. 403(b)(1)(B)(i)-(iii), 23 U.S.C.
403(b)(1)(E), 23 U.S.C. 403(b)(1)(F)).
Title: Effectiveness of Third-Party Testing and Minimum Standards
for Commercial Driver's License (CDL) Knowledge and Skills Tests.
OMB Control Number: 2126-00XX.
Type of Request: New ICR.
Respondents: State and local Government employees (management,
professional and related); one respondent per State and one respondent
for the District of Columbia.
Estimated Number of Respondents: 51 respondents.
Estimated Time per Response: 1.42 hours per respondent.
Expiration Date: N/A. This is a new ICR.
Frequency of Response: There is a one-time response to the survey
per respondent.
Estimated Total Annual Burden: 72.42 hours (1.42 hours per response
x 51 respondents) at an estimated cost of $4,749.63 ($93.13 per
respondent x 51 respondents).
Definitions: N/A.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-20406 Filed 9-20-22; 8:45 am]
BILLING CODE 4910-EX-P
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