definition for ``manual transmission'' and by changing ``nonresident
CLP or CDL'' to ``Non-domiciled CLP or CDL.'' See ``Automatic
transmission restriction,'' ``Definition of tank vehicle,'' and
``Nonresident CDL'' in the discussion of comments above for an
explanation of these changes.
    Section 383.9. The final rule does not adopt this section. See
``Incorporate by reference AAMVA 2005 CDL Test System'' in the
discussion of comments above for an explanation of this change.
    Section 383.23. The final rule changes paragraph (a) to clarify
that the driving tests in question are for a CLP or CDL.
    Section 383.25. The final rule changes paragraph (a)(5) by adding
subparagraphs (i)-(iv) to allow for a school bus (S) endorsement or a
tank vehicle (N) endorsement, under certain circumstances. These
subparagraphs also clarify that test examiners, other trainees, or the
CDL holder accompanying the CLP holder are not considered passengers
with respect to the prohibition of a CLP holder operating a CMV
carrying passengers. See ``10. LIMIT ENDORSEMENTS ON CLP TO PASSENGER
(P) ONLY'' in the discussion of comments above for an explanation of
these changes. Paragraph (d) is changed to clarify that a CDL holder
seeking an upgrade of his/her CDL needs a CLP only if the upgrade
requires a skills test. See ``CLP prerequisite for CDL'' in the
discussion of comments above for an explanation of this change.
    Table 2 in Section 383.51(c). Our review of the 2008 NPRM (73 FR
19282, 19303), revealed that we made an inadvertent omission with
respect to Table 2 to Sec.  383.51, in two instances. The headings for
columns 2 and 4 should conclude with the phrase: ``, if the conviction
results in the revocation, cancellation, or suspension of the CLP or
CDL holder's license or non-CMV driving privileges,'' as they do in the
current regulations. This does not create any changes to Sec.
383.51(c), Table 2, and merely corrects a typographical error made in
the NPRM. As background information, FMCSA published a final rule that
implemented the sanctions containing the phrase on January 29, 2003 (68
FR 4394).
    Section 383.71. The final rule changes paragraph (a)(8) to reflect
the addition of S and N to the list of endorsements available to CLP
holders. Changes to paragraph (b)(9), Table 1, reflect the updated list
of documents that are acceptable to show legal status for a CDL or CLP.
See ``Required forms/documents'' in the discussion of comments above
for an explanation of this change. The final rule changes paragraph
(b)(10) to require the applicant to present two documents, instead of
one, to establish domicile. Paragraph (f) is changed to clarify that
requirements for obtaining Non-domiciled CDLs also apply to Non-
domiciled CLPs. Subparagraph (f)(2)(i) sets forth the updated list of
documents that are acceptable to show legal status for a Non-domiciled
CDL or CLP.

    Section 383.73. The final rule changes paragraph (a)(3) to extend a
CLP's renewal period to 180 days. For an explanation of this change,
see ``Initial validity and renewal periods for a CLP'' in the
discussion of comments above. Changes to paragraph (a)(4) reflect the
addition of S and N to the list of endorsements available to CLP
holders. The addition of paragraph (c)(9) makes clear that the initial
validity period of any CDL transferred from another jurisdiction must
also be limited to eight years. The addition of paragraph (e)(9) makes
clear that the initial validity period of any CDL that is upgraded is
limited to eight years. Paragraph (f) is changed to clarify that
requirements for issuing Non-domiciled CDLs also apply to Non-domiciled
CLPs. Changes to paragraph (h)(1) remove the requirement that the State
must mail a CDL or CLP to an applicant. See ``Mailing of initial
license'' in the discussion of comments above for an explanation of
this change. Changes to paragraph (k)(2) remove the requirement that
the State must re-test a suspect driver within 30 days of notifying the
driver, and replace it with a requirement that, within 30 days of
notification, the driver make an appointment for re-testing for the
next available appointment. See ``CDLs obtained through fraud'' in the
discussion of comments above for an explanation of this change. Changes
to paragraph (m) provide an exception to the rule that two persons
check and verify all documents. See ``Two staff members verify test
scores and other documents'' in the discussion of comments above for an
explanation of this change.
    Section 383.75. The final rule changes paragraphs (a)(2) and (a)(5)
to provide that States must conduct inspections and oversight of third
party testers and examiners once every 2 years, instead of annually.
Changes to paragraph (a)(7) specify that a third party skills tester
that is also a driver training school may not administer skills tests
to applicants who were trained by that training school. An exception is
provided when the nearest alternative third party tester or State
skills testing facility is over 50 miles from the training school.
Changes to paragraph (a)(8)(ii) clarify its application to skills test
examiners. Changes to paragraph (a)(8)(viii) require that third party
testers must submit a schedule of upcoming CDL skills test appointments
to the State at least two business days before each test, instead of a
week in advance. See ``Third party testing (annual inspection; advance
scheduling of tests; separation of training and testing functions)'' in
the discussion of comments above for an explanation of these changes.
The final rule changes eliminate paragraph (c)(1), removing the
requirement that each third party tester must conduct at least 50
skills tests per calendar year. Changes to paragraph (c)(2) provide an
alternative for skills test examiners who cannot meet the requirement
to conduct at least 10 skills test examinations per year. See ``Minimum
number of tests conducted (minimum skills tests for testers and
examiners)'' in the discussion of comments above for an explanation of
these changes.
    Section 383.93. The final rule changes paragraph (a) to allow for
the school bus (S) and tank vehicle (N) endorsements. See ``10. LIMIT
ENDORSEMENTS ON CLP TO PASSENGER (P) ONLY'' in the discussion of
comments above for an explanation of these changes.
    Section 383.95. The final rule changes paragraph (c)(2) to reflect
the definition of ``manual transmission'' added to Sec.  383.5. See
``Automatic transmission restriction'' in the discussion of comments
above for an explanation of this change. Paragraph (g) is removed
because it duplicates text that appears in Sec.  383.25(a)(5).
    Section 383.131. The final rule changes paragraphs (a) and (b) to
require States to use an FMCSA pre-approved State Testing System. To be
approved by FMCSA, the State Testing System must be comparable to
AAMVA's ``2005 CDL Test System (July 2010 Version),'' which FMCSA
approves in this rule and will provide to all State Driver Licensing
Agencies. Paragraph (c) is moved from this section to Sec.  383.135(c).
    Section 383.133. The final rule changes paragraph (b) to require
the States to use a pool of test questions, pre-approved by FMCSA, to
develop knowledge tests for each vehicle group and endorsement. The
pool of questions must be comparable to those in AAMVA's ``2005 CDL
Test System (July 2010 Version) 2005 Test Item Summary Forms,'' which
FMCSA approves in this rule and will provide to all State Driver
Licensing Agencies. Changes to paragraph (c)(5) clarify that examiners
may interact with applicants only in English during the skills test.
See ``11. METHODS OF ADMINISTERING CDL TESTS'' in the discussion of
comments above for an explanation of this change. Changes to paragraph
(c)(6) concern the provision in the proposed rule that prohibits the
practice of banking skills test scores. See ``Skills test banking
prohibition'' in the discussion of comments above for an explanation of
this change. New subparagraph (c)(6)(iii) specifies that an applicant
may only bank test scores during the initial validity period of the
CLP. Paragraph (d) is removed because it duplicates Sec.  383.113(c).
    Section 383.135. The final rule changes paragraph (b)(2) to reflect
the changes in Sec.  383.131(a) and (b). Paragraph (c) is moved from
Sec.  383.131(c).
    Section 383.153. The final rule changes paragraph (a)(4) to allow
States to use black and white engraved photographs on a CDL, as well as
color photographs or images. See ``Black and white photograph'' in the
discussion of comments above for an explanation of this change. Changes
to paragraph (a)(10) clarify the new restriction codes. See ``Uniform
endorsement codes'' in the discussion of comments above for an
explanation of this change. Proposed subparagraph (a)(10)(viii), which
is related to exceptions to the CDL and CLP rules is removed because it
duplicates text added in accordance with the Medical Certification
rule. New subparagraph (a)(10)(viii) adds code V for medical variance.
The final rule reverses proposed paragraph (b) by forbidding the
inclusion of a photograph or image of the driver on the CLP, instead of
requiring the CLP to include this. See ``No photograph on CLP '' in the
discussion of comments above for an explanation of this change. Changes
to paragraph (b)(viii) reflect the changes to the endorsements and
restrictions applicable to CLPs that are established elsewhere in the
final rule.

Part 384--State Compliance With Commercial Driver's License Program

    Section 384.201. The final rule provides State Driver Licensing
Agencies contact information to obtain a copy of the FMCSA-approved
AAMVA 2005 CDL Test System (Version July 2010).
    Section 384.217. The final rule clarifies that disqualification
offenses are applicable to CLP as well as CDL holders.
    Section 384.227. The final rule changes paragraph (a) to permit
States to use black and white engraved photographs, as well as color
photographs or images, for recording the information. Changes to
paragraph (b) require States to check the photograph or image whenever
the CLP or CDL is renewed, upgraded, or transferred, or when a
duplicate is issued, only when the applicant appears in person. See
``Black and white photograph'' and ``Check photograph on file'' in the
discussion of comments above for an explanation of these changes.
    Section 384.228. The final rule changes this section to split the
training requirements into separate standards for

knowledge test examiners and skills test examiners. See ``Training
requirements for knowledge and skills examiners'' in the discussion of
comments above for an explanation of this change.
    Section 384.229. The final rule changes paragraph (a) to require
unannounced on-site inspections once every two years instead of
annually. For testers and examiners who are granted the training and
skills testing exception under section 383.75(a)(7), the inspections
will be annual. The covert and overt monitoring of these excepted
testers and examiners in paragraph (b) will be annual. This provision
is included to help reduce the opportunity for fraud.

Part 385--Safety Fitness Procedures

    The proposals for part 385 are adopted without change in the final
rule.

V. Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    The final rule regulatory evaluation estimates the benefits and
costs associated with revisions to the Agency's CDL knowledge and
skills testing standards. This section of the preamble summarizes the
findings of that analysis. For full details the reader is referred to
the Regulatory Evaluation contained in the docket. The measures
incorporated into this rule are intended to reduce fraud, improve
safety, and facilitate entrance into the CMV driver occupation. Many of
the provisions of this rule impose minimal costs on the States or
industry members, either because many States are already complying with
the requirements contained in this rule, or because the requirements
have minimal impact on the SDLA or industry operations or procedures.
We estimate the following provisions to be of minimal significance:
Strengthening the legal presence requirements; Social Security number
verification; surrender of the CLP, CDL, and non-CDL documents;
establishing maximum issuance and renewal periods for the CLP and CDL;
establishing a minimum age for CLP; limiting endorsements on the CLP to
passenger, school bus, or tanker only; implementing new standardized
endorsement and restriction codes; implementing motor carrier
prohibitions; and incorporating regulatory guidance into text. The
other provisions in this rule have greater cost implications and
include: Minimum standards for issuing a CLP; previous driving offenses
by a CLP holder; requirements for out-of-State CDL testing; reciprocal
State recognition of CLPs; updating Federal knowledge and skills test
standards; and incorporating the SAFE Port Act provisions.
    Many of the requirements implemented by this rule impact the States
by requiring extra steps to process CLPs and CDLs. These include:
Recording CLPs on CDLIS and making the CLP a tamperproof document
(under minimum uniform standards for issuing CLPs); checking for
previous driving offenses by CLP/CDL holders (which would require an
additional search of PDPS records); and implementing one provision of
the SAFE Port Act requirements that involves the processing of CDLs and
CLPs. We estimate that these provisions, taken together, will add 10
minutes to the amount of time it takes a State to process a license
document. It will cost an additional $1.40 per CLP for tamperproofing,
plus an additional $1 cost for each CLP placed on CDLIS that is not
eventually converted into a CDL. This $1 fee is an annual per-record
fee charged by the AAMVA for maintaining the CDLIS. Taking all of these
costs together, the estimated cost of these provisions is $2.97 million
annually.
    FMCSA estimates that those provisions of the SAFE Port Act which
require training programs and covert monitoring of skills test
examiners will result in additional costs to the States. We estimate
that the annual cost of these training requirements vary between $1.35
million to $1.74 million.
    Table 1 below presents the total cost of these provisions over 10
years. In addition to the cost of specific provisions contained in this
rule, we budgeted $400,000 per State for the IT system development and
upgrades that are needed to comply with these requirements. These costs
are presented in the IT Upgrades row. Years 6-10 mimic years 2-5 with
respect to cost, and are therefore aggregated in one column. As can be
seen, the discounted total cost of these provisions varies between
$13.2 and $35.3 million per year. The 10 year cost of this rule is
estimated at $156.5 million, or $122.9 million discounted at 7 percent.

                                                                 Table 1--Costs of Rule
                                                                     [In thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Year 1       Year 2       Year 3       Year 4       Year 5    Years 6--10     Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
CDL Processing...............................................       $2,965       $2,965       $2,965       $2,965       $2,965      $14,827      $29,654
Skills Test Training.........................................        1,740            0            0            0        1,354        1,354        4,448
Driver Travel and Lost Wages.................................       10,200       10,200       10,200       10,200       10,200       51,000      102,000
IT Upgrades..................................................       20,400            0            0            0            0            0       20,400
                                                              ------------------------------------------------------------------------------------------
    Total....................................................       35,306       13,165       13,165       13,165       14,519       67,181      156,502
    Total, 7 percent discount................................       35,306       12,304       11,499       10,747       11,077       41,970      122,902
--------------------------------------------------------------------------------------------------------------------------------------------------------

Safety Benefits

    Although it is difficult to fully quantify the safety benefits of
this rule, the Agency believes that reducing fraud in the CDL system
will improve safety on public roads. We estimated monetized safety
benefits of the rule at the NPRM stage. Although some commenters
expressed doubt that the provisions of the rule would in fact reduce
fraud, no commenters took issue with our assertion that drivers who
obtain CDLs fraudulently are likely to pose a public safety risk when
compared to drivers who legitimately pass the CDL skills test. Drivers
who obtain CDLs fraudulently either lack the skills or knowledge to
pass the CDL skills or knowledge test, or have some other reason (such
as plans to engage in criminal activity) for concealing their true
identity. The Agency believes that drivers who have fraudulently
obtained CDLs are significantly more dangerous to the public than those
who obtain CDLs properly. Fraudulent CDL holders have failed to
demonstrate that they can control their vehicle properly, and hence
pose an increased safety risk. We have estimated that the annual
discounted safety benefits of this rule vary approximately between
$10.5-$57.2 million. Total 10 year net benefits are approximately
$267.8 million.

Regulatory Flexibility Act
    The Regulatory Flexibility Act requires Federal agencies to take
small businesses' particular concerns into account when developing,
writing, publicizing, promulgating and enforcing regulations. To
achieve this, the Act requires that agencies detail how they have met
these concerns, by including a Regulatory Flexibility Analysis (RFA),
which includes the following five elements:
    (1) A succinct statement of the need for and objectives of the
rule;
    (2) A summary of the significant issues raised during public
comments in response to the initial regulatory flexibility analysis, a
summary of the Agency's assessment of such issues, and a statement of
any changes made in the proposed rule as a result of such comments;
    (3) A description and, where feasible, an estimate of the number of
small entities to which the rule applies;
    (4) A description of the reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities which are subject to the requirements and the
type of professional skills necessary for preparation of the report or
record;
    (5) A description of the steps the agency has taken to minimize the
significant economic impacts on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy and legal reasons for selecting the alternative adopted
in the final rule, and the reasons for rejecting each of the other
significant alternatives.

A discussion of these requirements follows.
    (1) A succinct statement of the need for and objectives of the
rule.
    This action is being taken in response to OIG recommendations for
preventing fraud in the CDL system. In at least one case, a driver who
obtained a CDL fraudulently has been involved in a fatal crash. The
SAFE Ports Act requires the Agency to adopt the OIG recommendations for
combating fraud in the CDL system, and this rule fulfills that mandate.
In addition, the current domicile requirement poses a potential barrier
to entry to the CMV driver occupation. The changes in this rule enable
drivers to choose the most convenient, cost-effective training option
available to them regardless of whether it is in their State of
domicile.
    The objectives of this rule are to improve public safety by
preventing fraud in the CLP/CDL licensing system, to standardize
testing and CLP and CDL issuance across the States, and to facilitate
the ability of drivers to seek the most convenient, cost effective
training, thereby facilitating entry into the CMV driver occupation.
This rulemaking is based on the broad authority of the Commercial Motor
Vehicle Safety Act of 1986 (CMVSA) (Title XII of Pub. L. 99-570, 100
Stat. 3207-170, codified at 49 U.S.C. chapter 313), the Motor Carrier
Safety Act of 1984 (MCSA) (Title II of Pub. L. 98-554, 98 Stat. 2832,
codified at 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). It is also based on the specific directives of section
4122 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat.
1144, at 1734, codified at 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) (Pub. L. 109-347, 120 Stat. 1884, at 1944).
    (2) A summary of the significant issues raised during public
comments in response to the initial regulatory flexibility analysis, a
summary of the Agency's assessment of such issues, and a statement of
any changes made in the proposed rule as a result of such comments.
    The Agency did not receive any comments on the initial regulatory
flexibility analysis.
    (3) A description and, where feasible, an estimate of the number of
small entities to which the rule applies.
    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA considered the effects of this regulatory action on small
entities, as defined by the U.S. Small Business Administration's
(SBA's) Office of Size Standards.
    SBA regulations (13 CFR part 121) require Federal agencies to
analyze the impact of proposed and final rules on small entities. The
regulations define a ``small entity'' in the motor carrier industry by
average annual receipts, which are currently set at $25.5 million per
firm. FMCSA has used data on revenue generated per power unit to
determine that a carrier with approximately 145 power units would
exceed the small business revenue level set by the SBA. Ninety-nine
percent of motor carriers have fewer than 145 power units, and
therefore could be expected to fall under the SBA's definition of a
small business for this industry, with annual receipts of less than
$25.5 million.
    A recent (June 2010) data query of the Agency's MCMIS database
indicates a total of approximately 498,465 active interstate motor
carriers. This number includes both for-hire and private carriers, and
includes some intrastate drivers as well as interstate drivers, because
some interstate motor carriers conduct intrastate operations, and
employ both types of drivers. For the purposes of this analysis, we
rounded this figure up to the nearest 5,000, to thus 500,000 active
motor carriers. A lack of activity is defined as carriers that have not
had a crash, roadside vehicle or driver inspection, or compliance
review, or have not updated their MCS-150 form in the past three years.
Approximately 99 percent of these carriers are estimated to be small
businesses as defined by the SBA, or approximately 495,000 currently
active motor carriers (500,000 x 0.99 = 495,000).
    While this rule applies to drivers and does not affect motor
carriers directly, owner-operators would be directly affected by the
new driver licensing requirements because in these businesses the owner
and driver are the same person. As a result, any regulations that
affect the driver affect the small business owner as well. According to
Professor Lafontaine of the University of Michigan, there are
approximately 300,000 owner-operators currently in business in the
U.S.\3\ In a recent report for the ATA, Global Insight estimated a
similar number of owner-operators.\4\ As of May 2008, our MCMIS
database shows approximately 340,000 owner-operators.
---------------------------------------------------------------------------

    \3\ Francine Lafontaine, Incentive Contracting in Practice: A
Detailed Look at Owner Operator Leases in the US Truckload Trucking
Industry, Working Paper, June 2000, available at: http://webuser.bus.umich.edu/Departments/BusEcon/research/workingpapers.html#lafontaine.
    \4\ Global Insight, The U.S. Truck Driver Shortage: Analysis and
Forecasts, Prepared for ATA, May 2005, available at http://www.truckline.com/NR/rdonlyres/E2E789CF-F308-463F-8831-0F7E283A0218/0/ATADriverShortageStudy05.pdf.
---------------------------------------------------------------------------

    The Agency believes that all owner-operators would qualify as small
businesses under the SBA's definition. This rule would therefore apply
to approximately 340,000 owner-operator firms. These firms would have
to supply more extensive proof of legal presence under this rule, but
otherwise would not be affected greatly by additional reporting or
recordkeeping requirements. This extra documentation would require
extra time spent at SDLAs every time a driver sought a new license or
permit, license transfer, or upgrade. In the regulatory evaluation, the
opportunity cost of this time was estimated to be $18.62 per hour per
driver. It is estimated that approximately 10 extra minutes would

be required to obtain a CDL, and that the value of this extra time
would therefore be $3.10 per driver obtaining a CDL ($18.62 x 10/60 =
$3.10). Given that few owner-operators would have to obtain a CDL in
any particular year, and the low cost involved, this rule has been
deemed by the Agency not to have a significant impact on small trucking
companies.
    Third party skills test examiners would also be affected by this
rule. These examiners would undergo periodic covert monitoring, but
assuming they are administering the skills test properly, this
monitoring would be costless to them. In addition, the employees who
conduct skills testing may have to participate in additional training
in order to remain eligible to conduct skills test examinations. The
Agency estimates that there are approximately 1,200 third party skills
testing organizations currently in operation in the U.S. Most of these
skills testing organizations are also motor carriers, educational
institutions, or municipalities that train their own drivers. For most
skills-testers, the revenue generated by offering skills testing is a
small portion of the total revenue generated by the business.
Information on these organizations is difficult to obtain, but the
Agency is aware that some are affiliated with larger motor carriers.
Others would qualify as small businesses, but the Agency is currently
unsure of how many might fall into the small business category. We
estimate that at least half, or 600, skills testing organizations are
small businesses. These organizations would have to bear the cost of
enhanced training of the examiners they employ. These costs were
estimated in the Regulatory Impact Analysis at $200 per examiner per
day of training, at an average of one-half day of training every year.
The cost to these entities would therefore be approximately $100 per
year per skills test examiner employed. The Agency believes that each
skills test examiner organization would have between 1 and 2 skills
test examiners. This rule would therefore cost the 600 affected
entities a maximum of $90,000 per year (600 entities x 1.5 skills test
examiners x $100 = $90,000 per year), or $150 per year per entity.
    Given these costs, the Agency does not believe that this rule has a
significant impact on a substantial number of small businesses.
    (4) A description of the reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities which are subject to the requirements and the
type of professional skills necessary for preparation of the report or
record.
    This rule requires drivers to present their social security number,
one proof of citizenship or legal presence, and a proof of current
address to their SDLA when applying for a new CLP, CDL or a CDL
transfer or upgrade. The Agency believes that most U.S. citizens
possess these documents and will be able to provide them to the SDLA.
No specialized skills are required to obtain these documents or present
them to an SDLA agent. We therefore do not believe that this rule poses
an undue recordkeeping burden on small businesses in the motor carrier
industry.
    Third party test examiners must, under current regulations,
transmit to SDLAs the results of the skills tests they have conducted,
including both information identifying the driver-applicant and the
examiner who conducted the test. This rule will require examiners to
obtain periodic training on conducting the skills test. The third party
testing organizations will have to maintain records of their examiners'
participation in this mandatory training. The Agency believes that
keeping these records will be a minimal burden on skills test
examiners.
    (5) A description of the steps the agency has taken to minimize the
significant economic impacts on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy and legal reasons for selecting the alternative adopted
in the final rule, and the reasons for rejecting each of the other
significant alternatives.
    The agency has taken all steps it deems practical to minimize the
impact of this rule on both large and small entities. The impacts of
this rule on various entities, and attempts to mitigate them, are
described in full in the rule preamble and the regulatory analysis. The
Agency has, among other steps, reduced the third party skills tester
monitoring proposed in the NPRM, and has chosen the alternative that
imposes the smallest barrier, given statutory limitations, for entry
into the motor carrier industry or CMV operator occupation. All of the
alternatives considered in this rule would have similar impacts on
small skills test examiners. This rule does not impact motor carriers
directly, so it has no disproportional impact on smaller businesses in
that industry.
    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has considered the effects of this proposed regulatory
action on small entities and determined that this final rule does not
have a significant impact on a substantial number of small entities, as
defined by the SBA's Office of Size Standards. As described above, this
rule not have a direct impact on motor carriers, unless those motor
carriers also operate as third party testers. The requirements
primarily affect States, drivers--during the CDL application and
testing process--before they are employed by motor carriers, and third
party CDL skills testers. Most carriers that operate driver training
schools and conduct third party testing would be too large to qualify
as small businesses. In addition, the requirements on third party
skills testers are fairly minimal and require primarily that skills
test examiners undergo periodic training to stay up to date on their
knowledge of the CDL skills test. The costs of these requirements are
estimated to be approximately $150 per year per skills test examiner.
In order for this amount to exceed one percent of the revenue of a
skills testing organization, the gross revenue for the firm would have
to be less than $15,000. Although we do not have revenue figures for
third party testers, we are confident that most of these organizations
would have revenues exceeding this amount, and that impacts on these
entities would therefore not be substantial.
    The other affected entities are drivers. Drivers however are
affected prior to being employed in the industry, and therefore,
impacts on them are, by and large, not impacts on motor carriers and
hence not impacts on small entities. The one possible exception to this
rule might be a prospective owner-operator, but most owner-operators
have experience in the industry working for a larger carrier prior to
purchasing their own truck and engaging in business for themselves. The
instances of newly trained and tested drivers becoming owner-operators,
before gaining industry experience, are very rare. As a result, this
rule does not have direct impacts on small entities in the motor
carrier industry. For these reasons, the Agency does not believe that
this rule would have a substantial impact on a substantial number of
small entities in the motor carrier industry.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act requires new Federal regulations
to be accompanied by an analysis of their fiscal impacts on State,
local, and tribal governments and on private industry. Although the
attached regulatory evaluation provides much of this information, it
will be summarized here, with an emphasis on effects on State

and local governments, since this final rule does not have any major
effects on private industry. Many of the provisions in this final rule
affect the States, but the size of this impact is small. The total
annual cost of the rule is estimated to vary between approximately $13
million and $35 million, undiscounted. These costs are imposed
primarily upon the States, which bear the increased cost of processing
driver's licenses, training and monitoring skills test examiners, and
implementing any changes to computer systems required to implement
these changes.
    The quantified benefits of this rule are the reduced cost to public
safety and society due to avoidance of crashes that would otherwise
occur. These benefits accrue primarily to active CDL licensed drivers,
motor carriers and their insurers, and other users of the nation's
public highways. These benefits have been estimated to grow annually
from approximately $10 million in the first year to $57 million in the
10th year (undiscounted). These benefits outweigh the costs to the
States. Although we cannot quantify them, we expect that facilitation
of access to training schools and testing will yield benefits to the
industry and prospective drivers.
    Given the modest cost of this rule, the Agency finds that it will
not have a significant impact on the States because this rule will not
impose an unfunded Federal mandate, as defined by the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1532, et seq.), that would result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $140.8 million (as adjusted by DOT
Guidance, April 28, 2010, to reflect inflation) or more in any one
year.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA has analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. We have determined that this rulemaking does not concern an
environmental risk to health or safety that may disproportionately
affect children.

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Executive Order 13132 (Federalism)

    FMCSA has analyzed this rule in accordance with the principles and
criteria of Executive Order 13132, ``Federalism,'' and has determined
that it does not have federalism implications.
    The Federalism Order applies to ``policies that have federalism
implications,'' which it defines as regulations and other actions that
have ``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.''
Sec. 1(a). The key concept here is ``substantial direct effects on the
States.'' Sec. 3(b) of the Federalism Order provides that ``[n]ational
action limiting the policymaking discretion of the States shall be
taken only where there is constitutional and statutory authority for
the action and the national activity is appropriate in light of the
presence of a problem of national significance.''
    The rule amends the commercial driver's license (CDL) program
authorized by the Commercial Motor Vehicle Safety Act of 1986 (49
U.S.C. chapter 313). States have been issuing CDLs in accordance with
Federal standards for well over a decade. The CDL program does not have
preemptive effect. It is voluntary; States may withdraw at any time,
although doing so will result in the loss of certain Federal-aid
highway funds pursuant to 49 U.S.C. 31314. Because this rule makes only
small, though numerous, incremental changes to the requirements already
imposed on participating States, FMCSA has determined that it does not
have substantial direct effects on the States, on the relationship
between the Federal and State governments, or on the distribution of
power and responsibilities among the various levels of government.
    Nonetheless, FMCSA recognizes that this rule has an impact on the
States and their commercial driver licensing operations. Most
significantly, it requires all participating States to implement a CLP
and prohibit the issuance of a CDL unless the applicant has first
obtained a CLP and held it for a minimum of 14 days. The Agency hopes
drivers will use this interval to obtain formal training. States also
are required to use a State Testing System pre-approved by FMCSA to
administer knowledge and skills tests. To be approved by FMCSA, the
State Testing System must be comparable to AAMVA's ``2005 CDL Test
System (July 2010 Version),'' which FMCSA approves in this rule and
will provide to all State Driver Licensing Agencies. Over the years,
FMCSA and the States have identified CDL program deficiencies that need
to be addressed. The OIG has focused attention on measures to prevent
licensing fraud. Measures to address these issues, and others included
in this rule, improve the effectiveness of the CDL program, but also
require participating States to change their programs in a variety of
ways. By letter dated October 31, 2007, the Agency notified the
National Governor's Association (NGA) that it was developing these
proposals to provide State and local governments the opportunity to
raise Federalism issues during the comment period for the NPRM. The NGA
did not file comments in this docket. No Federalism issues were
otherwise brought to the Agency's attention during the comment period.

Privacy Impact Assessment

    Section 522 of the FY 2005 Omnibus Appropriations Act, enacted
December 8, 2004, (Note to 5 U.S.C. 552a) requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rulemaking requires new minimum
Federal standards for States to issue CLPs as a pre-condition for a
CDL. It requires that an applicant for a CLP must first pass a
knowledge test which complies with prescribed minimum standards and may
have only one CLP at a time. It further requires that the data on each
CLP holder must be added to the driver's record in CDLIS. Therefore,
the information will be held to the same level of security as other
information contained in CDLIS.
    Although each State is required to create a CDLIS record for each
CLP it issues, the Privacy Act applies only to Federal agencies and any
non-Federal agency which receives records contained in a system of
records from a Federal agency for use in a matching program. The CDLIS
records, however, are not transferred from FMCSA to the States; they
are created and maintained by the States. FMCSA has determined this
rule would not result in a new or revised Privacy Act System of Records
for FMCSA.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. This rulemaking will
affect a currently-approved information collection covered by the OMB
Control No. 2126-0011 titled, ``Commercial Driver Licensing and Test
Standards.'' The currently approved information collection has an
annual burden of 1,391,456 hours and will expire on May 31, 2012.
    This action updates and provides more uniform procedures for
ensuring that the applicant has the appropriate knowledge and skills to
operate a commercial motor vehicle. It also establishes the minimum
information that must be on the CLP document and the electronic
driver's record in CDLIS, makes it a tamperproof document, and
establishes maximum issuance and renewal periods for the CLP and CDL.
The FMCSA believes this rule will result in a significant increase in
the annual burden hours for this information collection.
    The following table summarizes the annual information collection
burden hours for current and future information collection activities
for the first 3 years of implementation of the new requirements and for
the 4th and subsequent years of maintaining the CDL program with the
new requirements. The increase in annual burden hours for the first 3
years of 25,216 hours is due to knowledge and skills test examiner
training and certification. The increase in annual burden hours of
595,348 hours for the 4th and subsequent years is due to a combination
of activities, including the full implementation of the merging of the
medical certification and CDL processes (211,910 hours) and the
implementation of the new requirements for CDL testing and the issuance
of CLPs (383,438 hours). A detailed analysis of the annual burden hour
changes for each information collection activity can be found in the
Supporting Statement of OMB Control Number 2126-0011.

                                Current and Future Information Collection Burdens
----------------------------------------------------------------------------------------------------------------
                                                                                Future annual
                                                                                Future annual   burden hours for
 Current and future information collection activities for       Currently     burden hours for       4th and
                  states and CDL drivers                     approved annual    first 3 years   subsequent years
                                                              burden hours    (program change)       (program
                                                                                change)
----------------------------------------------------------------------------------------------------------------
State to obtain and record the medical certificate                         0                 0         * 205,333
 information..............................................
State recording of medical certification status...........                 0                 0           * 3,984
State to verify the medical certification status of all                    0                 0           * 2,593
 interstate CDL drivers...................................
Driver to notify employer of convictions/disqualifications           640,000           640,000           640,000
Driver to complete previous employment paperwork..........           403,200           403,200           403,200
States to complete compliance certification documents.....             1,632             1,632             1,632
State to complete compliance review documents.............             2,400             2,400             2,400
Data/document checks and CDLIS recordkeeping..............           212,224           212,224           582,285
Drivers to complete the CDL application...................            48,000            48,000            56,486
CDL tests recordkeeping...................................            84,000            84,000            77,910
Knowledge and skills test examiner certification..........                 0            25,216             7,658
Skills test examiner monitoring and auditing..............                 0                 0            28,539
                                                           -----------------------------------------------------
    Total Burden Hours....................................         1,391,456         1,416,672         2,012,020
----------------------------------------------------------------------------------------------------------------
Note: * See currently approved (May 13, 2009) Information Collection Supporting Statement.

National Environmental Policy Act

    The FMCSA analyzed this rulemaking for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under its environmental procedures Order 5610.1, published
March 1, 2004 in the Federal Register (69 FR 9680), that this action is
categorically excluded (CE) under Paragraph 4.s of the Order from
further environmental documentation. That CE relates to establishing
regulations and actions taken pursuant to these regulations concerning
requirements for drivers to have a single commercial motor vehicle
driver's license. In addition, the Agency believes that the action
includes no extraordinary circumstances that will have any effect on
the quality of the environment. Thus, the action does not require an
environmental assessment or an environmental impact statement.
    The FMCSA has also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it involves rulemaking and policy
development and issuance.

Executive Order 13211 (Energy Effects)

    The FMCSA has analyzed this action under Executive Order 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 Executive Order because it
will not be economically significant and will not be likely to have a
significant adverse effect on the supply, distribution, or use of
energy.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

49 CFR Part 385

    Highway safety, Highways and roads, Motor carriers, Motor vehicle
safety, Safety fitness procedures.

The Final Rule

    Accordingly, FMCSA amends parts 383, 384, and 385 of title 49 of
the Code of Federal Regulations as set forth below:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. 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. 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-
59, 119 Stat. 1144, 1726; and 49 CFR 1.73.

0
2. Amend Sec.  383.5 by:
0
a. Removing the definitions for nonresident CDL and serious traffic
violation;
0
b. Revising the definitions for commercial driver's license (CDL),
commercial motor vehicle (CMV), disqualification, driver applicant,
endorsement, imminent hazard, tank vehicle, and United States; and
0
c. Adding new definitions for CDL driver, non-CDL, commercial learner's
permit (CLP), manual transmission, non-domiciled CLP or Non-domiciled
CDL, third party skills test examiner, and third party tester .
    The revisions and additions read as follows:

Sec.  383.5  Definitions.

* * * * *
    CDL driver means a person holding a CDL or a person required to
hold a CDL.
* * * * *
    Commercial driver's license (CDL) means a license issued to an
individual by a State or other jurisdiction of domicile, in accordance
with the standards contained in this part, which authorizes the
individual to operate a class of a commercial motor vehicle.
* * * * *
    Commercial learner's permit (CLP) means a permit issued to an
individual by a State or other jurisdiction of domicile, in accordance
with the standards contained in this part, which, when carried with a
valid driver's license issued by the same State or jurisdiction,
authorizes the individual to operate a class of a commercial motor
vehicle when accompanied by a holder of a valid CDL for purposes of
behind-the-wheel training. When issued to a CDL holder, a CLP serves as
authorization for accompanied behind-the-wheel training in a CMV for
which the holder's current CDL is not valid.
    Commercial motor vehicle (CMV) means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle--
    (1) Has a gross combination weight rating or gross combination
weight of 11,794 kilograms or more (26,001 pounds or more), whichever
is greater, inclusive of a towed unit(s) with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or
    (2) Has a gross vehicle weight rating or gross vehicle weight of
11,794 or more kilograms (26,001 pounds or more), whichever is greater;
or
    (3) Is designed to transport 16 or more passengers, including the
driver; or
    (4) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
* * * * *
    Disqualification means any of the following three actions:
    (1) The suspension, revocation, or cancellation of a CLP or CDL by
the State or jurisdiction of issuance.
    (2) Any withdrawal of a person's privileges to drive a CMV by a
State or other jurisdiction as the result of a violation of State or
local law relating to motor vehicle traffic control (other than
parking, vehicle weight or vehicle defect violations).
    (3) A determination by the FMCSA that a person is not qualified to
operate a commercial motor vehicle under part 391 of this subchapter.
    Driver applicant means an individual who applies to a State or
other jurisdiction to obtain, transfer, upgrade, or renew a CDL or to
obtain or renew a CLP.
* * * * *
    Endorsement means an authorization to an individual's CLP or CDL
required to permit the individual to operate certain types of
commercial motor vehicles.
* * * * *
    Imminent hazard means the existence of a condition relating to
hazardous material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial endangerment
to health, property, or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to lessen the
risk of that death, illness, injury or endangerment.
    Manual transmission (also known as a stick shift, stick, straight
drive or standard transmission) means a transmission utilizing a
driver-operated clutch that is activated by a pedal or lever and a
gear-shift mechanism operated either by hand or foot. All other
transmissions, whether semi-automatic or automatic, will be considered
automatic for the purposes of the standardized restriction code.
* * * * *
    Non-CDL means any other type of motor vehicle license, such as an
automobile driver's license, a chauffeur's license, or a motorcycle
license.
    Non-domiciled CLP or Non-domiciled CDL means a CLP or CDL,
respectively, issued by a State or other jurisdiction under either of
the following two conditions:
    (1) To an individual domiciled in a foreign country meeting the
requirements of Sec.  383.23(b)(1).
    (2) To an individual domiciled in another State meeting the
requirements of Sec.  383.23(b)(2).
* * * * *
    Tank vehicle means any commercial motor vehicle that is designed to
transport any liquid or gaseous materials within a tank or tanks having
an individual rated capacity of more than 119 gallons and an aggregate
rated capacity of 1,000 gallons or more that is either permanently or
temporarily attached to the vehicle or the chassis. A commercial motor
vehicle transporting an empty storage container tank, not designed for
transportation, with a rated capacity of 1,000 gallons or more that is
temporarily attached to a flatbed trailer is not considered a tank
vehicle.
* * * * *
    Third party skills test examiner means a person employed by a third
party tester who is authorized by the State to administer the CDL
skills tests specified in subparts G and H of this part.
    Third party tester means a person (including, but not limited to,
another State, a motor carrier, a private driver training facility or
other private institution, or a department, agency or instrumentality
of a local government) authorized by the State to employ skills test
examiners to administer the CDL skills tests specified in subparts G
and H of this part.
    United States means the 50 States and the District of Columbia.
* * * * *

0
3. Revise Sec.  383.23 to read as follows:

Sec.  383.23  Commercial driver's license.

    (a) General rule. (1) No person shall operate a commercial motor
vehicle unless such person has taken and passed written and driving
tests for a

CLP or CDL that meet the Federal standards contained in subparts F, G,
and H of this part for the commercial motor vehicle that person
operates or expects to operate.
    (2) Except as provided in paragraph (b) of this section, no person
may legally operate a CMV unless such person possesses a CDL which
meets the standards contained in subpart J of this part, issued by his/
her State or jurisdiction of domicile.
    (b) Exception. (1) If a CMV operator is not domiciled in a foreign
jurisdiction that the Administrator has determined tests drivers and
issues CDLs in accordance with, or under standards similar to, the
standards contained in subparts F, G, and H of this part,\1\ the person
may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that
does comply with the testing and licensing standards contained in such
subparts F, G, and H of this part, so long as that person meets the
requirements of Sec.  383.71(f).
---------------------------------------------------------------------------

    \1\ Effective December 29, 1988, the Administrator determined
that commercial driver's licenses issued by Canadian Provinces and
Territories in conformity with the Canadian National Safety Code are
in accordance with the standards of this part. Effective November
21, 1991, the Administrator determined that the new Licencias
Federales de Conductor issued by the United Mexican States are in
accordance with the standards of this part. Therefore, under the
single license provision of Sec.  383.21, a driver holding a
commercial driver's license issued under the Canadian National
Safety Code or a new Licencia Federal de Conductor issued by Mexico
is prohibited from obtaining a non-domiciled CDL, or any other type
of driver's license, from a State or other jurisdiction in the
United States.
---------------------------------------------------------------------------

    (2) If an individual is domiciled in a State while that State is
prohibited from issuing CDLs in accordance with Sec.  384.405 of this
subchapter, that individual is eligible to obtain a Non-domiciled CLP
or Non-domiciled CDL from any State that elects to issue a Non-
domiciled CDL and which complies with the testing and licensing
standards contained in subparts F, G, and H of this part, so long as
that person meets the requirements of Sec.  383.71(f).
    (3) If an individual possesses a CLP, as defined in Sec.  383.5,
the individual is authorized to operate a class of CMV as provided by
the CLP in accordance with Sec.  383.25.

0
4. Add Sec.  383.25 to subpart B to read as follows:

Sec.  383.25  Commercial learner's permit (CLP).

    (a) A CLP is considered a valid CDL for purposes of behind-the-
wheel training on public roads or highways, if all of the following
minimum conditions are met:
    (1) The CLP holder is at all times accompanied by the holder of a
valid CDL who has the proper CDL group and endorsement(s) necessary to
operate the CMV. The CDL holder must at all times be physically present
in the front seat of the vehicle next to the CLP holder or, in the case
of a passenger vehicle, directly behind or in the first row behind the
driver and must have the CLP holder under observation and direct
supervision.
    (2) The CLP holder holds a valid driver's license issued by the
same jurisdiction that issued the CLP.
    (3) The CLP holder must have taken and passed a general knowledge
test that meets the Federal standards contained in subparts F, G, and H
of this part for the commercial motor vehicle that person operates or
expects to operate.
    (4) The CLP holder must be 18 years of age or older.
    (5) Endorsements:
    (i) A CLP holder with a passenger (P) endorsement must have taken
and passed the P endorsement knowledge test. A CLP holder with a P
endorsement is prohibited from operating a CMV carrying passengers,
other than Federal/State auditors and inspectors, test examiners, other
trainees, and the CDL holder accompanying the CLP holder as prescribed
by paragraph (a)(1) of this section. The P endorsement must be class
specific.
    (ii) A CLP holder with a school bus (S) endorsement must have taken
and passed the S endorsement knowledge test. A CLP holder with an S
endorsement is prohibited from operating a school bus with passengers
other than Federal/State auditors and inspectors, test examiners, other
trainees, and the CDL holder accompanying the CLP holder as prescribed
by paragraph (a)(1) of this section.
    (iii) A CLP holder with a tank vehicle (N) endorsement must have
taken and passed the N endorsement knowledge test. A CLP holder with an
N endorsement may only operate an empty tank vehicle and is prohibited
from operating any tank vehicle that previously contained hazardous
materials that has not been purged of any residue.
    (iv) All other Federal endorsements are prohibited on a CLP.
    (6) The CLP holder does not operate a commercial motor vehicle
transporting hazardous materials as defined in Sec.  383.5.
    (b) The CLP must be a separate document from the CDL or non-CDL.
    (c) The CLP must be valid for no more than 180 days from the date
of issuance. The State may renew the CLP for an additional 180 days
without requiring the CLP holder to retake the general and endorsement
knowledge tests.
    (d) The issuance of a CLP is a precondition to the initial issuance
of a CDL. The issuance of a CLP is also a precondition to the upgrade
of a CDL if the upgrade requires a skills test.
    (e) The CLP holder is not eligible to take the CDL skills test in
the first 14 days after initial issuance of the CLP.

0
5. Revise Sec.  383.37 to read as follows:

Sec.  383.37  Employer responsibilities.

    No employer may knowingly allow, require, permit, or authorize a
driver to operate a CMV in the United States in any of the following
circumstances:
    (a) During any period in which the driver does not have a current
CLP or CDL or does not have a CLP or CDL with the proper class or
endorsements. An employer may not use a driver to operate a CMV who
violates any restriction on the driver's CLP or CDL.
    (b) During any period in which the driver has a CLP or CDL
disqualified by a State, has lost the right to operate a CMV in a
State, or has been disqualified from operating a CMV.
    (c) During any period in which the driver has more than one CLP or
CDL.
    (d) During any period in which the driver, or the CMV he/she is
driving, or the motor carrier operation, is subject to an out-of-
service order.
    (e) In violation of a Federal, State, or local law or regulation
pertaining to railroad-highway grade crossings.

0
6. In Sec.  383.51:
0
a. Revise paragraph (a);
0
b. Revise paragraph (b) introductory text and the column headings for
Table 1;
0
c. Revise paragraph (c) introductory text and the column headings for
Table 2;
0
d. Revise paragraph (d) introductory text and the column headings for
Table 3; and
0
e. Revise paragraph (e) introductory text and the column headings for
Table 4.
    The revisions read as follows:

Sec.  383.51  Disqualification of drivers.

    (a) General. (1) A person required to have a CLP or CDL who is
disqualified must not drive a CMV.
    (2) An employer must not knowingly allow, require, permit, or
authorize a driver who is disqualified to drive a CMV.
    (3) A holder of a CLP or CDL is subject to disqualification
sanctions designated in paragraphs (b) and (c) of this section, if the
holder drives a CMV or non-CMV and is convicted of the violations
listed in those paragraphs.
    (4) Determining first and subsequent violations. For purposes of
determining

first and subsequent violations of the offenses specified in this
subpart, each conviction for any offense listed in Tables 1 through 4
to this section resulting from a separate incident, whether committed
in a CMV or non-CMV, must be counted.
    (5) The disqualification period must be in addition to any other
previous periods of disqualification.
    (6) Reinstatement after lifetime disqualification. A State may
reinstate any driver disqualified for life for offenses described in
paragraphs (b)(1) through (8) of this section (Table 1 to Sec.  383.51)
after 10 years, if that person has voluntarily entered and successfully
completed an appropriate rehabilitation program approved by the State.
Any person who has been reinstated in accordance with this provision
and who is subsequently convicted of a disqualifying offense described
in paragraphs (b)(1) through (8) of this section (Table 1 to Sec.
383.51) must not be reinstated.
    (b) Disqualification for major offenses. Table 1 to Sec.  383.51
contains a list of the offenses and periods for which a person who is
required to have a CLP or CDL is disqualified, depending upon the type
of vehicle the driver is operating at the time of the violation, as
follows:

                                            Table 1 to Sec.   383.51
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
If a driver        For a first        For a first        For a first        For a second       For a second
 operates a motor   conviction or      conviction or      conviction or      conviction or      conviction or
 vehicle and is     refusal to be      refusal to be      refusal to be      refusal to be      refusal to be
 convicted of:      tested while       tested while       tested while       tested in a        tested in a
                    operating a CMV,   operating a non-   operating a CMV    separate           separate
                    a person           CMV, a CLP or      transporting       incident of any    incident of any
                    required to have   CDL holder must    hazardous          combination of     combination of
                    a CLP or CDL and   be disqualified    materials          offenses in this   offenses in this
                    a CLP or CDL       from operating a   required to be     Table while        Table while
                    holder must be     CMV for * * *      placarded under    operating a CMV,   operating a non-
                    disqualified                          the Hazardous      a person           CMV, a CLP or
                    from operating a                      Materials          required to have   CDL holder must
                    CMV for * * *                         Regulations (49    a CLP or CDL and   be disqualified
                                                          CFR part 172,      a CLP or CDL       from operating a
                                                          subpart F), a      holder must be     CMV for * * *
                                                          person required    disqualified
                                                          to have a CLP or   from operating a
                                                          CDL and a CLP or   CMV for * * *
                                                          CDL holder must
                                                          be disqualified
                                                          from operating a
                                                          CMV for * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) Disqualification for serious traffic violations. Table 2 to
Sec.  383.51 contains a list of the offenses and the periods for which
a person who is required to have a CLP or CDL is disqualified,
depending upon the type of vehicle the driver is operating at the time
of the violation, as follows:

                                            Table 2 to Sec.   383.51
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
If the driver          For a second           For a second           For a third or         For a third or
 operates a motor       conviction of any      conviction of any      subsequent             subsequent
 vehicle and is         combination of         combination of         conviction of any      conviction of any
 convicted of:          offenses in this       offenses in this       combination of         combination of
                        Table in a separate    Table in a separate    offenses in this       offenses in this
                        incident within a 3-   incident within a 3-   Table in a separate    Table in a separate
                        year period while      year period while      incident within a 3-   incident within a 3-
                        operating a CMV, a     operating a non-CMV,   year period while      year period while
                        person required to     a CLP or CDL holder    operating a CMV, a     operating a non-
                        have a CLP or CDL      must be disqualified   person required to     CMV, a CLP or CDL
                        and a CLP or CDL       from operating a       have a CLP or CDL      holder must be
                        holder must be         CMV, if the            and a CLP or CDL       disqualified from
                        disqualified from      conviction results     holder must be         operating a CMV, if
                        operating a CMV for    in the revocation,     disqualified from      the conviction
                        * * *                  cancellation, or       operating a CMV for    results in the
                                               suspension of the      * * *                  revocation,
                                               CLP or CDL holder's                           cancellation, or
                                               license or non-CMV                            suspension of the
                                               driving privileges,                           CLP or CDL holder's
                                               for * * *                                     license or non-CMV
                                                                                driving privileges,
                                                                                for * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) Disqualification for railroad-highway grade crossing offenses.
Table 3 to Sec.  383.51 contains a list of the offenses and the periods
for which a person who is required to have a CLP or CDL is
disqualified, when the driver is operating a CMV at the time of the
violation, as follows:

                        Table 3 to Sec.   383.51
------------------------------------------------------------------------

------------------------------------------------------------------------
If the driver is   For a first        For a second      For a third or
 convicted of       conviction a       conviction of     subsequent
 operating a CMV    person required    any combination   conviction of
 in violation of    to have a CLP or   of offenses in    any combination
 a Federal, State   CDL and a CLP or   this Table in a   of offenses in
 or local law       CDL holder must    separate          this Table in a
 because * * *      be disqualified    incident within   separate
                    from operating a   a 3-year          incident within
                    CMV for * * *      period, a         a 3-year
                                       person required   period, a
                                       to have a CLP     person required
                                       or CDL and a      to have a CLP
                                       CLP or CDL        or CDL and a
                                       holder must be    CLP or CDL
                                       disqualified      holder must be
                                       from operating    disqualified
                                       a CMV for * * *   from operating
                                                         a CMV for * * *
------------------------------------------------------------------------

* * * * *
    (e) Disqualification for violating out-of-service orders. Table 4
to Sec.  383.51 contains a list of the offenses and periods for which a
person who is required to have a CLP or CDL is disqualified when the
driver is operating a CMV at the time of the violation, as follows:

                        Table 4 to Sec.   383.51
------------------------------------------------------------------------

------------------------------------------------------------------------
If the driver      For a first        For a second      For a third or
 operates a CMV     conviction while   conviction in a   subsequent
 and is convicted   operating a CMV,   separate          conviction in a
 of * * *           a person           incident within   separate
                    required to have   a 10-year         incident within
                    a CLP or CDL and   period while      a 10-year
                    a CLP or CDL       operating a       period while
                    holder must be     CMV, a person     operating a
                    disqualified       required to       CMV, a person
                    from operating a   have a CLP or     required to
                    CMV for * * *      CDL and a CLP     have a CLP or
                                       or CDL holder     CDL and a CLP
                                       must be           or CDL holder
                                       disqualified      must be
                                       from operating    disqualified
                                       a CMV for * * *   from operating
                                                         a CMV for * * *
------------------------------------------------------------------------

* * * * *

0
7. Revise Sec.  383.71 to read as follows:

Sec.  383.71  Driver application and certification procedures.

    (a) Commercial Learner's Permit. Prior to obtaining a CLP, a person
must meet the following requirements:
    (1) Commercial learner's permit applications submitted prior to
July 8, 2014. CLPs issued prior to July 8, 2014 for limited time
periods according to State requirements, shall be considered valid
commercial drivers' licenses for purposes of behind-the-wheel training
on public roads or highways, if the following minimum conditions are
met:
    (i) The learner's permit holder is at all times accompanied by the
holder of a valid CDL;
    (ii) He/she either holds a valid automobile driver's license, or
has passed such vision, sign/symbol, and knowledge tests as the State
issuing the learner's permit ordinarily administers to applicants for
automotive drivers' licenses; and
    (iii) He/she does not operate a commercial motor vehicle
transporting hazardous materials as defined in Sec.  383.5.
    (2) Commercial learner's permit applications submitted on or after
July 8, 2014. Any person applying for a CLP on or after July 8, 2014
must meet the following conditions:
    (i) The person must be 18 years of age or older and provide proof
of his/her age.
    (ii) The person must have taken and passed a general knowledge test
that meets the Federal standards contained in subparts F, G, and H of
this part for the commercial motor vehicle group that person operates
or expects to operate.
    (iii) The person must certify that he/she is not subject to any
disqualification under Sec.  383.51, or any license disqualification
under State law, and that he/she does not have a driver's license from
more than one State or jurisdiction.
    (iv) The person must provide to the State of issuance the
information required to be included on the CLP as specified in subpart
J of this part.
    (v) The person must provide to the State proof of citizenship or
lawful permanent residency as specified in Table 1 of this section or
obtain a Non-domiciled CLP as specified in paragraph (f) of this
section.
    (vi) The person must provide proof that the State to which
application is made is his/her State of domicile, as the term is
defined in Sec.  383.5. Acceptable proof of domicile is a document with
the person's name and residential address within the State, such as a
government issued tax form.
    (vii) The person must provide the names of all States where the
applicant has been licensed to drive any type of motor vehicle during
the previous 10 years.
    (viii) A person seeking a passenger (P), school bus (S) or tank
vehicle (N) endorsement must have taken and passed the endorsement
knowledge test for the specific endorsement.
    (ix) The person must provide the State the certification contained
in paragraph (b)(1) of this section.
    (b) Initial Commercial Driver's License. Prior to obtaining a CDL,
a person must meet all of the following requirements:
    (1)(i) Initial Commercial Driver's License applications submitted
prior to January 30, 2012. Any person applying for a CDL prior to
January 30, 2012, must meet the requirements set forth in paragraphs
(b)(2) through (10) of this section, and make the following applicable
certification in paragraph (b)(1)(i)(A), (B), or (C) of this section:
    (A) A person who operates or expects to operate in interstate or
foreign commerce, or is otherwise subject to 49 CFR part 391, must
certify that he/she meets the qualification requirements contained in
part 391 of this title; or
    (B) A person who operates or expects to operate in interstate
commerce, but is not subject to part 391 due to an exception under
Sec.  390.3(f) or an exemption under Sec.  391.2, must certify that he/
she is not subject to part 391.
    (C) A person who operates or expects to operate entirely in
intrastate commerce and is not subject to part 391, is subject to State
driver qualification requirements and must certify that he/she is not
subject to part 391.
    (ii) Initial Commercial Driver's License applications submitted on
or after January 30, 2012. Any person applying for a CDL on or after
January 30, 2012, must meet the requirements set forth in paragraphs
(b)(2) through (10), and (h) of this section, and make one of the
following applicable certifications in paragraph (b)(1)(ii)(A), (B),
(C), or (D) of this section:

    (A) Non-excepted interstate. A person must certify that he/she
operates or expects to operate in interstate commerce, is both subject
to and meets the qualification requirements under 49 CFR part 391, and
is required to obtain a medical examiner's certificate by Sec.  391.45
of this chapter;
    (B) Excepted interstate. A person must certify that he/she operates
or expects to operate in interstate commerce, but engages exclusively
in transportation or operations excepted under 49 CFR 390.3(f), 391.2,
391.68, or 398.3 from all or parts of the qualification requirements of
49 CFR part 391, and is therefore not required to obtain a medical
examiner's certificate by 49 CFR 391.45 of this chapter;
    (C) Non-excepted intrastate. A person must certify that he/she
operates only in intrastate commerce and therefore is subject to State
driver qualification requirements; or
    (D) Excepted intrastate. A person must certify that he/she operates
in intrastate commerce, but engages exclusively in transportation or
operations excepted from all or parts of the State driver qualification
requirements.
    (2) The person must pass a driving or skills test in accordance
with the standards contained in subparts F, G, and H of this part taken
in a motor vehicle that is representative of the type of motor vehicle
the person operates or expects to operate; or provide evidence that he/
she has successfully passed a driving test administered by an
authorized third party.
    (3) The person must certify that the motor vehicle in which the
person takes the driving skills test is representative of the type of
motor vehicle that person operates or expects to operate.
    (4) The person must provide the State the information required to
be included on the CDL as specified in subpart J of this part.
    (5) The person must certify that he/she is not subject to any
disqualification under Sec.  383.51, or any license disqualification
under State law, and that he/she does not have a driver's license from
more than one State or jurisdiction.
    (6) The person must surrender his/her non-CDL driver's licenses and
CLP to the State.
    (7) The person must provide the names of all States where he/she
has previously been licensed to drive any type of motor vehicle during
the previous 10 years.
    (8) If the person is applying for a hazardous materials
endorsement, he/she must comply with Transportation Security
Administration requirements codified in 49 CFR part 1572. A lawful
permanent resident of the United States requesting a hazardous
materials endorsement must additionally provide his/her U.S.
Citizenship and Immigration Services (USCIS) Alien registration number.
    (9) The person must provide proof of citizenship or lawful
permanent residency as specified in Table 1 of this section, or be
registered under paragraph (f) of this section.

  Table 1 to Sec.   383.71--List of Acceptable Proofs of Citizenship or
                       Lawful Permanent Residency
------------------------------------------------------------------------
            Status                          Proof of status
------------------------------------------------------------------------
U.S. Citizen.................   Valid, unexpired U.S. Passport.
                                Certified copy of a birth
                                certificate filed with a State Office of
                                Vital Statistics or equivalent agency in
                                the individual's State of birth, Puerto
                                Rico, the Virgin Islands, Guam, American
                                Samoa or the Commonwealth of the
                                Northern Mariana Islands.
                                Consular Report of Birth Abroad
                                (CRBA) issued by the U.S. Department of
                                State.
                                Certificate of Naturalization
                                issued by the U.S. Department of
                                Homeland Security (DHS).
                                Certificate of Citizenship
                                issued by DHS.
Lawful Permanent Resident....   Valid, unexpired Permanent
                                Resident Card, issued by USCIS or INS.
------------------------------------------------------------------------

     (10) The person must provide proof that the State to which
application is made is his/her State of domicile, as the term is
defined in Sec.  383.5. Acceptable proof of domicile is a document with
the person's name and residential address within the State, such as a
government issued tax form.
    (c) License transfer. When applying to transfer a CDL from one
State of domicile to a new State of domicile, an applicant must apply
for a CDL from the new State of domicile within no more than 30 days
after establishing his/her new domicile. The applicant must:
    (1) Provide to the new State of domicile the certifications
contained in paragraphs (b)(1) and (5) of this section;
    (2) Provide to the new State of domicile updated information as
specified in subpart J of this part;
    (3) If the applicant wishes to retain a hazardous materials
endorsement, he/she must comply with the requirements specified in
paragraph (b)(8) of this section and State requirements as specified in
Sec.  383.73(c)(4);
    (4) Surrender the CDL from the old State of domicile to the new
State of domicile; and
    (5) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor vehicle during the
previous 10 years.
    (6) Provide to the State proof of citizenship or lawful permanent
residency as specified in Table 1 of this section, or be registered
under paragraph (f) of this section.
    (7) Provide proof to the State that this is his/her State of
domicile, as the term is defined in Sec.  383.5. Acceptable proof of
domicile is a document with the person's name and residential address
within the State, such as a government issued tax form.
    (d) License renewal. When applying for a renewal of a CDL, all
applicants must:
    (1) Provide to the State certifications contained in paragraphs
(b)(1) and (5) of this section;
    (2) Provide to the State updated information as specified in
subpart J of this part; and
    (3) If a person wishes to retain a hazardous materials endorsement,
he/she must comply with the requirements specified in paragraph (b)(8)
of this section and pass the test specified in Sec.  383.121 for such
endorsement.
    (4) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor vehicle during the
previous 10 years.
    (5) Provide to the State proof of citizenship or lawful permanent
residency as specified in Table 1 of this section, or be registered
under paragraph (f) of this section.
    (6) Provide proof to the State that this is his/her State of
domicile, as the term is defined in Sec.  383.5. Acceptable proof of
domicile is a document, such as a government issued tax form, with the
person's name and residential address within the State.
    (e) License upgrades. When applying for a CDL or an endorsement

authorizing the operation of a CMV not covered by the current CDL, all
applicants must:
    (1) Provide the certifications specified in paragraph (b) of this
section;
    (2) Pass all the knowledge tests in accordance with the standards
contained in subparts F, G, and H of this part and all the skills tests
specified in paragraph (b)(2) of this section for the new vehicle group
and/or different endorsements;
    (3) Comply with the requirements specified in paragraph (b)(8) of
this section to obtain a hazardous materials endorsement; and
    (4) Surrender the previous CDL.
    (f) Non-domiciled CLP and CDL. (1) A person must obtain a Non-
domiciled CLP or CDL:
    (i) If the applicant is domiciled in a foreign jurisdiction, as
defined in Sec.  383.5, and the Administrator has not determined that
the commercial motor vehicle operator testing and licensing standards
of that jurisdiction meet the standards contained in subparts G and H
of this part.
    (ii) If the applicant is domiciled in a State that is prohibited
from issuing CLPs and CDLs in accordance with Sec.  384.405 of this
subchapter. That person is eligible to obtain a Non-domiciled CLP or
CDL from any State that elects to issue a Non-domiciled CLP or CDL and
that complies with the testing and licensing standards contained in
subparts F, G, and H of this part.
    (2) An applicant for a Non-domiciled CLP and CDL must do both of
the following:
    (i) Complete the requirements to obtain a CLP contained in
paragraph (a) of this section or a CDL contained in paragraph (b) of
this section. Exception: An applicant domiciled in a foreign
jurisdiction must provide an unexpired employment authorization
document (EAD) issued by USCIS or an unexpired foreign passport
accompanied by an approved I-94 form documenting the applicant's most
recent admittance into the United States. No proof of domicile is
required.
    (ii) After receipt of the Non-domiciled CLP or CDL, and for as long
as it is valid, notify the State which issued the Non-domiciled CLP or
CDL of any adverse action taken by any jurisdiction or governmental
agency, foreign or domestic, against his/her driving privileges. Such
adverse actions include, but are not be limited to, license
disqualification or disqualification from operating a commercial motor
vehicle for the convictions described in Sec.  383.51. Notifications
must be made within the time periods specified in Sec.  383.33.
    (3) An applicant for a Non-domiciled CLP or CDL is not required to
surrender his/her foreign license.
    (g) Existing CLP and CDL Holder's Self-Certification. Every person
who holds a CLP or CDL must provide to the State on or after January
30, 2012, but not later than January 30, 2014, the certification
contained in Sec.  383.71(b)(1)(ii).
    (h) Medical Certification Documentation Required by the State. An
applicant or CLP or CDL holder who certifies to non-excepted,
interstate driving operations according to Sec.  383.71(b)(1)(ii)(A)
must comply with applicable requirements in paragraphs (h)(1) through
(3) of this section:
    (1) New CLP and CDL applicants. After January 30, 2012, a new CLP
or CDL applicant who certifies that he/she will operate CMVs in non-
excepted, interstate commerce must provide the State with an original
or copy (as required by the State) of a medical examiner's certificate
prepared by a medical examiner, as defined in Sec.  390.5 of this
chapter, and the State will post a certification status of
``certified'' on the Commercial Driver's License Information System
(CDLIS) driver record for the driver;
    (2) Existing CLP and CDL holders. By January 30, 2014, provide the
State with an original or copy (as required by the State) of a current
medical examiner's certificate prepared by a medical examiner, as
defined in 49 CFR 390.5, and the State will post a certification status
of ``certified'' on CDLIS driver record for the driver. If the non-
excepted, interstate CLP or CDL holder fails to provide the State with
a current medical examiner's certificate, the State will post a
certification status of ``not-certified'' in the CDLIS driver record
for the driver, and initiate a CLP or CDL downgrade following State
procedures in accordance with section 383.73(j)(4); and
    (3) Maintaining the medical certification status of ``certified.''
In order to maintain a medical certification status of ``certified,''
after January 30, 2012, a CLP or CDL holder who certifies that he/she
will operate CMVs in non-excepted, interstate commerce must provide the
State with an original or copy (as required by the State) of each
subsequently issued medical examiner's certificate.

0
8. Revise Sec.  383.72 to read as follows:

Sec.  383.72  Implied consent to alcohol testing.

    Any person who holds a CLP or CDL or is required to hold a CLP or
CDL is considered to have consented to such testing as is required by
any State or jurisdiction in the enforcement of Sec. Sec.  383.51(b),
Table 1, item (4) and 392.5(a)(2) of this subchapter. Consent is
implied by driving a commercial motor vehicle.

0
9. Revise Sec.  383.73 to read as follows:

Sec.  383.73  State procedures.

    (a) Commercial Learner's Permit. (1) Prior to July 8, 2014. When
issuing a CLP to a person prior to July 8, 2014, a State must meet the
requirements in Sec.  383.71(a)(1):
    (2) On or after July 8, 2014. Prior to issuing a CLP to a person on
or after July 8, 2014, a State must:
    (i) Require the applicant to make the certifications, pass the
tests, and provide the information as described in Sec.  383.71(a)(2);
    (ii) Initiate and complete a check of the applicant's driving
record as described in paragraph (b)(3) of this section.
    (iii) Make a CLP valid for no more than 180 days from the date of
issuance and provide for renewal of a CLP for no more than an
additional 180 days without the CLP holder having to retake the general
and endorsement knowledge tests;
    (iv) Allow only a group-specific passenger (P) and school bus (S)
endorsement and tank vehicle (N) endorsement on a CLP, provided the
applicant has taken and passed the knowledge test for the specified
endorsement. All other Federal endorsements are prohibited on a CLP;
and
    (v) Complete the Social Security Number verification required by
paragraph (g) of this section.
    (vi) Require compliance with the standards for providing proof of
citizenship or lawful permanent residency specified in Sec.
383.71(b)(9) and proof of State of domicile specified in Sec.
383.71(a)(2)(vi).
    (vii) Beginning January 30, 2012, for drivers who certified their
type of driving according to Sec.  383.71(b)(1)(ii)(A) (non-excepted
interstate) and, if the CLP applicant submits a current medical
examiner's certificate, date-stamp the medical examiner's certificate,
and post all required information from the medical examiner's
certificate to the CDLIS driver record in accordance with paragraph (o)
of this section.
    (b) Initial CDL. Prior to issuing a CDL to a person, a State must:
    (1) Require the driver applicant to certify, pass tests, and
provide information as described in Sec.  383.71(b);
    (2) Check that the vehicle in which the applicant takes his/her
test is

representative of the vehicle group the applicant has certified that
he/she operates or expects to operate;
    (3) Initiate and complete a check of the applicant's driving record
to ensure that the person is not subject to any disqualification under
Sec.  383.51, or any license disqualification under State law, and that
the person 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:
    (i) A check of the applicant's driving record as maintained by his/
her current State of licensure, if any;
    (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;
    (iii) A check with the Problem Driver Pointer System (PDPS) to
determine whether the driver applicant has:
    (A) Been disqualified from operating a motor vehicle (other than a
commercial motor vehicle);
    (B) Had a license (other than CDL) disqualified for cause in the 3-
year period ending on the date of application; or
    (C) Been convicted of any offenses contained in 49 U.S.C.
30304(a)(3);
    (iv) A request for the applicant's complete driving record from all
States where the applicant was previously licensed over the last 10
years to drive any type of motor vehicle. Exception: A State is only
required to make the request for the complete driving record specified
in this paragraph for initial issuance of a CLP, transfer of CDL from
another State or for drivers renewing a CDL for the first time after
September 30, 2002, provided a notation is made on the driver's record
confirming that the driver record check required by this paragraph has
been made and noting the date it was done;
    (v) Beginning January 30, 2012, a check that the medical
certification status of a driver that self-certified according to Sec.
383.71(b)(1)(ii)(A) of this chapter (non-excepted interstate) is
``certified;''
    (4) Require the driver applicant to surrender his/her non-CDL
driver's license and CLP;
    (5) Beginning January 30, 2012, for drivers who certified their
type of driving according to Sec.  383.71(b)(1)(ii)(A) (non-excepted
interstate) and, if the CDL driver submits a current medical examiner's
certificate, date-stamp the medical examiner's certificate, and post
all required information from the medical examiner's certificate to the
CDLIS driver record in accordance with paragraph (o) of this section.
    (6) Require compliance with the standards for providing proof of
citizenship or lawful permanent residency specified in Sec.
383.71(b)(9) and proof of State of domicile specified in Sec.
383.71(b)(10). Exception: A State is only required to check the proof
of citizenship or legal presence specified in this paragraph for
initial issuance of a CLP or Non-domiciled CDL, transfer of CDL from
another State or for drivers renewing a CDL or Non-domiciled CDL for
the first time after July 8, 2011, provided a notation is made on the
driver's record confirming that the proof of citizenship or legal
presence check required by this paragraph has been made and noting the
date it was done;
    (7) If not previously done, complete the Social Security Number
verification required by paragraph (g) of this section;
    (8) For persons applying for a hazardous materials endorsement,
require compliance with the standards for such endorsement specified in
Sec. Sec.  383.71(b)(8) and 383.141; and
    (9) Make the CDL valid for no more than 8 years from the date of
issuance.
    (c) License transfers. Prior to issuing a CDL to a person who has a
CDL from another State, a State must:
    (1) Require the driver applicant to make the certifications
contained in Sec.  383.71(b)(1) and (5);
    (2) Complete a check of the driver applicant's record as contained
in paragraph (b)(3) of this section;
    (3) Request and receive updates of information specified in subpart
J of this part;
    (4) If such applicant wishes to retain a hazardous materials
endorsement, require compliance with standards for such endorsement
specified in Sec. Sec.  383.71(b)(8) and 383.141 and ensure that the
driver has, within the 2 years preceding the transfer, either:
    (i) Passed the test for such endorsement specified in Sec.
383.121; or
    (ii) Successfully completed a hazardous materials test or training
that is given by a third party and that is deemed by the State to
substantially cover the same knowledge base as that described in Sec.
383.121;
    (5) If not previously done, complete the Social Security Number
verification required by paragraph (g) of this section;
    (6) Require the applicant to surrender the CDL issued by the
applicant's previous State of domicile;
    (7) Require compliance with the standards for providing proof of
citizenship or lawful permanent residency specified in Sec.
383.71(b)(9) and proof of State of domicile specified in Sec.
383.71(b)(10). Exception: A State is only required to check the proof
of citizenship or legal presence specified in this paragraph for
initial issuance of a CLP or Non-domiciled CDL, transfer of CDL from
another State or for drivers renewing a CDL or Non-domiciled CDL for
the first time after July 8, 2011, provided a notation is made on the
driver's record confirming that the proof of citizenship or legal
presence check required by this paragraph has been made and noting the
date it was done;
    (8) Beginning January 30, 2012, verify from the CDLIS driver record
that the medical certification status of driver is ``certified'' for
those who certified according to Sec.  383.71(b)(1)(ii)(A). Exception:
A driver who certified according to Sec.  383.71(b)(1)(ii)(A) that he/
she plans to operate in non-excepted interstate commerce may present a
current medical examiner's certificate issued prior to January 30,
2012. The medical examiner's certificate provided by the driver must be
posted to the CDLIS driver record in accordance with paragraph (o) of
this section and:
    (9) Make the CDL valid for no more than 8 years from the date of
issuance.
    (d) License Renewals. Prior to renewing any CDL a State must:
    (1) Require the driver applicant to make the certifications
contained in Sec.  383.71(b);
    (2) Complete a check of the driver applicant's record as contained
in paragraph (b)(3) of this section;
    (3) Request and receive updates of information specified in subpart
J of this part;
    (4) If such applicant wishes to retain a hazardous materials
endorsement, require the driver to pass the test specified in Sec.
383.121 and comply with the standards specified in Sec. Sec.
383.71(b)(8) and 383.141 for such endorsement;
    (5) If not previously done, complete the Social Security Number
verification required by paragraph (g) of this section;
    (6) Make the renewal of the CDL valid for no more than 8 years from
the date of issuance;
    (7) Require compliance with the standards for providing proof of
citizenship or lawful permanent residency specified in Sec.
383.71(b)(9) and proof of State of domicile specified in Sec.
383.71(b)(10); and
    (8) Beginning January 30, 2012, verify from the CDLIS driver record
that the medical certification status is ``certified'' for drivers who
self-certified according to Sec.  383.71(b)(1)(ii)(A). Exception: A
driver who certified according to Sec.  383.71(b)(1)(ii)(A) may present
a current medical examiner's certificate issued prior to January 30,
2012. The medical examiner's certificate provided

by the driver must be posted to the CDLIS driver record in accordance
with paragraph (o) of this section.
    (e) License upgrades. Prior to issuing an upgrade of a CDL, a State
must:
    (1) Require such driver applicant to provide certifications, pass
tests, and meet applicable hazardous materials standards specified in
Sec.  383.71(e);
    (2) Complete a check of the driver applicant's record as described
in paragraph (b)(3) of this section;
    (3) If not previously done, complete the Social Security Number
verification required by paragraph (g) of this section;
    (4) Require the driver applicant to surrender his/her previous CDL;
    (5) Require compliance with the standards for providing proof of
citizenship or lawful permanent residency specified in Sec.
383.71(b)(9) and proof of State of domicile specified in Sec.
383.71(b)(10);
    (6) Beginning January 30, 2012, verify from the CDLIS driver record
that the medical certification status is ``certified'' for drivers who
self-certified according to Sec.  383.71(b)(1)(ii)(A). Exception: A
driver who certified according to Sec.  383.71(b)(1)(ii)(A) may present
a current medical examiner's certificate issued prior to January 30,
2012. The medical examiner's certificate provided by the driver must be
posted to the CDLIS driver record in accordance with paragraph (o) of
this section and:
    (7) Make the CDL valid for no more than 8 years from the date of
issuance.
    (f) Non-domiciled CLP and CDL. (1) A State may only issue a Non-
domiciled CLP or CDL to a person who meets one of the circumstances
described in Sec.  383.71(f)(1).
    (2) State procedures for the issuance of a non-domiciled CLP and
CDL, for any modifications thereto, and for notifications to the CDLIS
must at a minimum be identical to those pertaining to any other CLP or
CDL, with the following exceptions:
    (i) If the applicant is requesting a transfer of his/her Non-
domiciled CDL, the State must obtain the Non-domiciled CDL currently
held by the applicant and issued by another State;
    (ii) The State must add the word ``non-domiciled'' to the face of
the CLP or CDL, in accordance with Sec.  383.153(b); and
    (iii) The State must have established, prior to issuing any Non-
domiciled CLP or CDL, the practical capability of disqualifying the
holder of any Non-domiciled CLP or CDL, by withdrawing or disqualifying
his/her Non-domiciled CLP or CDL as if the Non-domiciled CLP or CDL
were a CLP or CDL issued to a person domiciled in the State.
    (3) The State must require compliance with the standards for
providing proof of legal presence specified in Sec.  383.71(b)(9) and
Sec.  383.71(f)(2)(i).
    (g) Social Security Number verification. (1) Prior to issuing a CLP
or a CDL to a person the State must verify the name, date of birth, and
Social Security Number provided by the applicant with the information
on file with the Social Security Administration. The State is
prohibited from issuing, renewing, upgrading, or transferring a CLP or
CDL if the Social Security Administration database does not match the
applicant-provided data.
    (2) Exception. A State is only required to perform the Social
Security Number verification specified in this paragraph for initial
issuance of a CLP, transfer of CDL from another State or for drivers
renewing a CDL for the first time after July 8, 2011 who have not
previously had their Social Security Number information verified,
provided a notation is made on the driver's record confirming that the
verification required by this paragraph has been made and noting the
date it was done.
    (h) License issuance. After the State has completed the procedures
described in paragraphs (a) through (g) of this section, as applicable,
it may issue a CLP or CDL to the driver applicant. The State must
notify the operator of the CDLIS of such issuance, transfer, renewal,
or upgrade within the 10-day period beginning on the date of license
issuance.
    (i) Surrender procedure. A State may return a surrendered license
to a driver after physically marking it so that it cannot be mistaken
for a valid document. Simply punching a hole in the expiration date of
the document is insufficient. A document perforated with the word
``VOID'' is considered invalidated.
    (j) Penalties for false information. If a State determines, in its
check of an applicant's license status and record prior to issuing a
CLP or CDL, or at any time after the CLP or CDL is issued, that the
applicant has falsified information contained in subpart J of this
part, in any of the certifications required in Sec.  383.71(b) or (g),
or in any of the documents required to be submitted by Sec.  383.71(h),
the State must at a minimum disqualify the person's CLP or CDL or his/
her pending application, or disqualify the person from operating a
commercial motor vehicle for a period of at least 60 consecutive days.
    (k) Drivers convicted of fraud related to the testing and issuance
of a CLP or CDL. (1) The State must have policies in effect that
result, at a minimum, in the disqualification of the CLP or CDL of a
person who has been convicted of fraud related to the issuance of that
CLP or CDL. The application of a person so convicted who seeks to
renew, transfer, or upgrade the fraudulently obtained CLP or CDL must
also, at a minimum, be disqualified. The State must record any such
withdrawal in the person's driving record. The person may not reapply
for a new CDL for at least 1 year.
    (2) If a State receives credible information that a CLP- or CDL-
holder is suspected, but has not been convicted, of fraud related to
the issuance of his/her CLP or CDL, the State must require the driver
to re-take the skills and/or knowledge tests. Within 30 days of
receiving notification from the State that re-testing is necessary, the
affected CLP- or CDL-holder must make an appointment or otherwise
schedule to take the next available test. If the CLP- or CDL-holder
fails to make an appointment within 30 days, the State must disqualify
his/her CLP or CDL. If the driver fails either the knowledge or skills
test or does not take the test, the State must disqualify his/her CLP
or CDL. Once a CLP- or CDL-holder's CLP or CDL has been disqualified,
he/she must reapply for a CLP or CDL under State procedures applicable
to all CLP and CDL applicants.
    (l) Reciprocity. A State must allow any person who has a valid CLP,
CDL, Non-domiciled CLP, or Non-domiciled CDL and who is not
disqualified from operating a CMV, to operate a CMV in the State.
    (m) Document verification. The State must require at least two
persons within the driver licensing agency to check and verify all
documents involved in the licensing process for the initial issuance,
renewal, upgrade, or transfer of a CLP or CDL. The documents being
checked and verified must include, at a minimum, those provided by the
applicant to prove legal presence and domicile, the information filled
out on the application form, and knowledge and skills test scores.
Exception: For offices with only one staff member, the documents must
be checked and verified by a supervisor before issuance or, when a
supervisor is not available, copies must be made of the documents used
to prove legal presence and domicile and a supervisor must verify the
documents and the filled out application form and test scores within
one business day of issuance of the CLP or CDL.
    (n) Computer system controls. The State must establish computer
system controls that will:

    (1) Prevent the issuance of an initial, renewed, upgraded, or
transferred CLP or CDL when the results of transactions indicate the
applicant is unqualified. These controls, at a minimum, must be
established for the following transactions: State, CDLIS, and PDPS
driver record checks; Social Security Number verification; and
knowledge and skills test scores verification.
    (2) Suspend the issuance process whenever State, CDLIS, and/or PDPS
driver record checks return suspect results. The State must demonstrate
that it has a system to detect and prevent fraud when a driver record
check returns suspect results. At a minimum, the system must ensure
that:
    (i) The results are not connected to a violation of any State or
local law relating to motor vehicle traffic control (other than
parking, vehicle weight, or vehicle defect violations);
    (ii) The name of the persons performing the record check and
authorizing the issuance, and the justification for the authorization
are documented by the State; and
    (iii) The person performing the record check and the person
authorizing the issuance are not the same.
    (o) Medical recordkeeping. (1) Status of CDL holder. Beginning
January 30, 2012, for each operator of a commercial motor vehicle
required to have a CLP or CDL, the current licensing State must:
    (i) Post the driver's self-certification of type of driving under
Sec.  383.71(b)(1)(ii),
    (ii) Retain the original or a copy of the medical certificate of
any driver required to provide documentation of physical qualification
for 3 years beyond the date the certificate was issued, and
    (iii) Post the information from the medical examiner's certificate
within 10 calendar days to the CDLIS driver record, including:
    (A) Medical examiner's name;
    (B) Medical examiner's telephone number;
    (C) Date of medical examiner's certificate issuance;
    (D) Medical examiner's license number and the State that issued it;
    (E) Medical examiner's National Registry identification number (if
the National Registry of Medical Examiners, mandated by 49 U.S.C.
31149(d), requires one);
    (F) The indicator of medical certification status, i.e.,
``certified'' or ``not-certified'';
    (G) Expiration date of the medical examiner's certificate;
    (H) Existence of any medical variance on the medical certificate,
such as an exemption, Skill Performance Evaluation (SPE) certification,
or grandfather provisions;
    (I) Any restrictions (e.g., corrective lenses, hearing aid,
required to have possession of an exemption letter or SPE certificate
while on-duty, etc.); and
    (J) Date the medical examiner's certificate information was posted
to the CDLIS driver record.
    (2) Status update. Beginning January 30, 2012, the State must,
within 10 calendar days of the driver's medical certification status
expiring or a medical variance expiring or being rescinded, update the
medical certification status of that driver as ``not-certified.''
    (3) Variance update. Beginning January 30, 2012, within 10 calendar
days of receiving information from FMCSA regarding issuance or renewal
of a medical variance for a driver, the State must update the CDLIS
driver record to include the medical variance information provided by
FMCSA.
    (4) Downgrade. (i) Beginning January 30, 2012, if a driver's
medical certification or medical variance expires, or FMCSA notifies
the State that a medical variance was removed or rescinded, the State
must:
    (A) Notify the CLP or CDL holder of his/her CLP or CDL ``not-
certified'' medical certification status and that the CMV privileges
will be removed from the CLP or CDL unless the driver submits a current
medical certificate and/or medical variance, or changes his/her self-
certification to driving only in excepted or intrastate commerce (if
permitted by the State);
    (B) Initiate established State procedures for downgrading the CLP
or CDL. The CLP or CDL downgrade must be completed and recorded within
60 days of the driver's medical certification status becoming ``not-
certified'' to operate a CMV.
    (ii) Beginning January 30, 2014, if a driver fails to provide the
State with the certification contained in Sec.  383.71(b)(1)(ii), or a
current medical examiner's certificate if the driver self-certifies
according to Sec.  383.71(b)(1)(ii)(A) that he/she is operating in non-
excepted interstate commerce as required by Sec.  383.71(h), the State
must mark that CDLIS driver record as ``not-certified'' and initiate a
CLP or CDL downgrade following State procedures in accordance with
paragraph (o)(4)(i)(B) of this section.
    (5) FMCSA Medical Programs is designated as the keeper of the list
of State contacts for receiving medical variance information from
FMCSA. Beginning January 30, 2012, States are responsible for insuring
their medical variance contact information is always up-to-date with
FMCSA's Medical Programs.

0
10. Revise Sec.  383.75 to read as follows:

Sec.  383.75  Third party testing.

    (a) Third party tests. A State may authorize a third party tester
to administer the skills tests as specified in subparts G and H of this
part, if the following conditions are met:
    (1) The skills tests given by the third party are the same as those
that would otherwise be given by the State using the same version of
the skills tests, the same written instructions for test applicants,
and the same scoring sheets as those prescribed in subparts G and H of
this part;
    (2) The State must conduct an on-site inspection of each third
party tester at least once every 2 years, with a focus on examiners
with irregular results such as unusually high or low pass/fail rates;
    (3) The State must issue the third party tester a CDL skills
testing certificate upon the execution of a third party skills testing
agreement.
    (4) The State must issue each third party CDL skills test examiner
a skills testing certificate upon successful completion of a formal
skills test examiner training course prescribed in Sec.  384.228.
    (5) The State must, at least once every 2 years, do one of the
following for each third party examiner:
    (i) Have State employees covertly take the tests administered by
the third party as if the State employee were a test applicant;
    (ii) Have State employees co-score along with the third party
examiner during CDL skills tests to compare pass/fail results; or
    (iii) Re-test a sample of drivers who were examined by the third
party to compare pass/fail results;
    (6) The State must take prompt and appropriate remedial action
against a third party tester that fails to comply with State or Federal
standards for the CDL testing program, or with any other terms of the
third party contract;
    (7) A skills tester that is also a driver training school is
prohibited from administering a skills test to an applicant who was
trained by that training school. Exception: When the nearest
alternative third party tester or State skills testing facility is over
50 miles from the training school, the SDLA may allow the training
school to skills test the applicant it trained provided the individual
skills test examiner did not train the applicant; and
    (8) The State has an agreement with the third party containing, at
a minimum, provisions that:
    (i) Allow the FMCSA, or its representative, and the State to
conduct

random examinations, inspections, and audits of its records,
facilities, and operations without prior notice;
    (ii) Require that all third party skills test examiners meet the
qualification and training standards of Sec.  384.228;
    (iii) Allow the State to do any of the following:
    (A) Have State employees covertly take the tests administered by
the third party as if the State employee were a test applicant;
    (B) Have State employees co-score along with the third party
examiner during CDL skills tests to compare pass/fail results; or
    (C) Have the State re-test a sample of drivers who were examined by
the third party;
    (iv) Reserve unto the State the right to take prompt and
appropriate remedial action against a third party tester that fails to
comply with State or Federal standards for the CDL testing program, or
with any other terms of the third party contract;
    (v) Require the third party tester to initiate and maintain a bond
in an amount determined by the State to be sufficient to pay for re-
testing drivers in the event that the third party or one or more of its
examiners is involved in fraudulent activities related to conducting
skills testing for applicants for a CDL.
    (vi) Require the third party tester to use only CDL skills
examiners who have successfully completed a formal CDL skills test
examiner training course as prescribed by the State and have been
certified by the State as a CDL skills examiner qualified to administer
CDL skills tests;
    (vii) Require the third party tester to use designated road test
routes that have been approved by the State;
    (viii) Require the third party tester to submit a schedule of CDL
skills testing appointments to the State no later than two business
days prior to each test; and
    (ix) Require the third party tester to maintain copies of the
following records at its principal place of business:
    (A) A copy of the State certificate authorizing the third party
tester to administer a CDL skills testing program for the classes and
types of commercial motor vehicles listed;
    (B) A copy of each third party examiner's State certificate
authorizing the third party examiner to administer CDL skills tests for
the classes and types of commercial motor vehicles listed;
    (C) A copy of the current third party agreement;
    (D) A copy of each completed CDL skills test scoring sheet for the
current year and the past two calendar years;
    (E) A copy of the third party tester's State-approved road test
route(s); and
    (F) A copy of each third party examiner's training record.
    (b) Proof of testing by a third party. The third party tester must
notify the State driver licensing agency through secure electronic
means when a driver applicant passes skills tests administered by the
third party tester.
    (c) Minimum number of tests conducted.
    The State must revoke the skills testing certification of any
examiner who does not conduct skills test examinations of at least 10
different applicants per calendar year. Exception: Examiners who do not
meet the 10-test minimum must either take the refresher training
specified in Sec.  384.228 of this chapter or have a State examiner
ride along to observe the third party examiner successfully administer
at least one skills test.

0
11. Revise Sec.  383.77 to read as follows:

Sec.  383.77   Substitute for driving skills tests for drivers with
military CMV experience.

    At the discretion of a State, the driving skills test as specified
in Sec.  383.113 may be waived for a CMV driver with military CMV
experience who is currently licensed at the time of his/her application
for a CDL, and substituted with an applicant's driving record in
combination with certain driving experience. The State shall impose
conditions and limitations to restrict the applicants from whom a State
may accept alternative requirements for the skills test described in
Sec.  383.113. Such conditions must require at least the following:
    (a) An applicant must certify that, during the two-year period
immediately prior to applying for a CDL, he/she:
    (1) Has not had more than one license (except for a military
license);
    (2) Has not had any license suspended, revoked, or cancelled;
    (3) Has not had any convictions for any type of motor vehicle for
the disqualifying offenses contained in Sec.  383.51(b);
    (4) Has not had more than one conviction for any type of motor
vehicle for serious traffic violations contained in Sec.  383.51(c);
and
    (5) Has not had had any conviction for a violation of military,
State or local law relating to motor vehicle traffic control (other
than a parking violation) arising in connection with any traffic
accident, and has no record of an accident in which he/she was at
fault; and
    (b) An applicant must provide evidence and certify that he/she:
    (1) Is regularly employed or was regularly employed within the last
90 days in a military position requiring operation of a CMV;
    (2) Was exempted from the CDL requirements in Sec.  383.3(c); and
    (3) Was operating a vehicle representative of the CMV the driver
applicant operates or expects to operate, for at least the 2 years
immediately preceding discharge from the military.

0
12. Add Sec.  383.79 to subpart E to read as follows:

Sec.  383.79  Skills testing of out-of-State students.

    (a) A State may administer its skills test, in accordance with
subparts F, G, and H of this part, to a person who has taken training
in that State and is to be licensed in another United States
jurisdiction (i.e., his/her State of domicile). Such test results must
be transmitted electronically directly from the testing State to the
licensing State in an efficient and secure manner.
    (b) The State of domicile of a CDL applicant must accept the
results of a skills test administered to the applicant by any other
State, in accordance with subparts F, G, and H of this part, in
fulfillment of the applicant's testing requirements under Sec.  383.71,
and the State's test administration requirements under Sec.  383.73.

0
13. Amend Sec.  383.93 by revising paragraph (a) to read as follows:

Sec.  383.93  Endorsements.

    (a) General. (1) In addition to passing the knowledge and skills
tests described in subpart G of this part, all persons who operate or
expect to operate the type(s) of motor vehicles described in paragraph
(b) of this section must pass specialized tests to obtain each
endorsement. The State shall issue CDL endorsements only to drivers who
successfully complete the tests.
    (2) The only endorsements allowed on a CLP are the following:
    (i) Passenger (P);
    (ii) School bus (S); and
    (iii) Tank vehicle (N).
    (3) The State must use the codes listed in Sec.  383.153 when
placing endorsements on a CLP or CDL.
* * * * *

0
14. Revise Sec.  383.95 to read as follows:

Sec.  383.95  Restrictions.

    (a) Air brake. (1) If an applicant either fails the air brake
component of the knowledge test, or performs the skills test in a
vehicle not equipped with air brakes, the State must indicate on the
CLP or CDL, if issued, that the person is restricted from operating a
CMV equipped with any type of air brakes.
    (2) For the purposes of the skills test and the restriction, air
brakes include

any braking system operating fully or partially on the air brake
principle.
    (b) Full air brake. (1) If an applicant performs the skills test in
a vehicle equipped with air over hydraulic brakes, the State must
indicate on the CDL, if issued, that the person is restricted from
operating a CMV equipped with any braking system operating fully on the
air brake principle.
    (2) For the purposes of the skills test and the restriction, air
over hydraulic brakes includes any braking system operating partially
on the air brake and partially on the hydraulic brake principle.
    (c) Manual transmission. (1) If an applicant performs the skills
test in a vehicle equipped with an automatic transmission, the State
must indicate on the CDL, if issued, that the person is restricted from
operating a CMV equipped with a manual transmission.
    (2) For the purposes of the skills test and the restriction, an
automatic transmission includes any transmission other than a manual
transmission as defined in Sec.  383.5.
    (d) Tractor-trailer. If an applicant performs the skills test in a
combination vehicle for a Group A CDL with the power unit and towed
unit connected with a pintle hook or other non-fifth wheel connection,
the State must indicate on the CDL, if issued, that the person is
restricted from operating a tractor-trailer combination connected by a
fifth wheel that requires a Group A CDL.
    (e) Group A passenger vehicle. If an applicant applying for a
passenger endorsement performs the skills test in a passenger vehicle
requiring a Group B CDL, the State must indicate on the CDL, if issued,
that the person is restricted from operating a passenger vehicle
requiring a Group A CDL.
    (f) Group A and B passenger vehicle. If an applicant applying for a
passenger endorsement performs the skills test in a passenger vehicle
requiring a Group C CDL, the State must indicate on the CDL, if issued,
that the person is restricted from operating a passenger vehicle
requiring a Group A or B CDL.
    (g) Medical Variance Restrictions. If the State is notified
according to Sec.  383.73(o)(3) that the driver has been issued a
medical variance, the State must indicate the existence of such a
medical variance on the CDLIS driver record and the CDL document, if
issued, using the restriction code ``V'' to indicate there is
information about a medical variance on the CDLIS driver record. Note:
In accordance with the agreement between Canada and the United States
(see footnote to Sec.  391.41 of this chapter), drivers with a medical
variance restriction code on their CDL are restricted from operating a
CMV in the other country.

0
15. Revise Sec.  383.110 to read as follows:

Sec.  383.110  General requirement.

    All drivers of CMVs must have the knowledge and skills necessary to
operate a CMV safely as contained in this subpart. The specific types
of items that a State must include in the knowledge and skills tests
that it administers to CDL applicants are included in this subpart.

0
16. Revise Sec.  383.111 to read as follows:

Sec.  383.111  Required knowledge.

    (a) All CMV operators must have knowledge of the following 20
general areas:
    (1) Safe operations regulations. Driver-related elements of the
regulations contained in parts 391, 392, 393, 395, 396, and 397 of this
subchapter, such as:
    (i) Motor vehicle inspection, repair, and maintenance requirements;
    (ii) Procedures for safe vehicle operations;
    (iii) The effects of fatigue, poor vision, hearing impairment, and
general health upon safe commercial motor vehicle operation;
    (iv) The types of motor vehicles and cargoes subject to the
requirements contained in part 397 of this subchapter; and
    (v) The effects of alcohol and drug use upon safe commercial motor
vehicle operations.
    (2) Safe vehicle control systems. The purpose and function of the
controls and instruments commonly found on CMVs.
    (3) CMV safety control systems. (i) Proper use of the motor
vehicle's safety system, including lights, horns, side and rear-view
mirrors, proper mirror adjustments, fire extinguishers, symptoms of
improper operation revealed through instruments, motor vehicle
operation characteristics, and diagnosing malfunctions.
    (ii) CMV drivers must have knowledge of the correct procedures
needed to use these safety systems in an emergency situation, e.g.,
skids and loss of brakes.
    (4) Basic control. The proper procedures for performing various
basic maneuvers, including:
    (i) Starting, warming up, and shutting down the engine;
    (ii) Putting the vehicle in motion and stopping;
    (iii) Backing in a straight line; and
    (iv) Turning the vehicle, e.g., basic rules, off tracking, right/
left turns and right curves.
    (5) Shifting. The basic shifting rules and terms for common
transmissions, including:
    (i) Key elements of shifting, e.g., controls, when to shift, and
double clutching;
    (ii) Shift patterns and procedures; and
    (iii) Consequences of improper shifting.
    (6) Backing. The procedures and rules for various backing
maneuvers, including:
    (i) Backing principles and rules; and
    (ii) Basic backing maneuvers, e.g., straight-line backing, and
backing on a curved path.