Sec.  383.71(e)(5)
    As proposed, new Sec.  383.71(e)(5) required that a person must
complete the training prescribed in subpart F of part 380 of this
chapter prior to taking the skills test for upgrading to a CDL from one
class to another, or upgrading a CDL with a P or S endorsement, or
taking the knowledge test for the H endorsement issued on a CDL. The
training must be administered by a training provider listed on the TPR.
    In the final rule, this conforming change remains largely as
proposed. As noted above in the discussion of conforming changes to
Sec. Sec.  383.71(a)(3) and 383.71(b)(11), FMCSA adds language to this
provision to clarify that the required training must be completed prior
to taking the skills test for upgrading to a Class A or Class B CDL,
adding a P or S endorsement to a CDL the first time, or taking the
knowledge test for the H endorsement for the first time.
Sec.  383.73 State Procedures
Sec.  383.73(b)(3)(ii)
    As proposed, this section would be amended to add, in Sec.
383.73(b)(3)(ii), a requirement that the State check with CDLIS to
determine, if the CDL was issued on or after the compliance date of the
final rule, whether an applicant for a Class A or Class B CDL or a CDL
with a P, S, or H endorsement has completed the training required by
subpart F of this subchapter from a training provider listed on the
TPR.
    In the final rule, FMCSA deletes the requirement that the State
determine that the required ELDT was obtained from a training provider
on the TPR. As discussed in the response to comments, the Agency will
not be transmitting a training certificate to the State through CDLIS,
as proposed in the NPRM. Instead, data elements containing the relevant
training certification information will be added to the driver's record
through CDLIS. Accordingly, the State is not obligated to confirm that
the applicant received training from a provider listed on the TPR;
FMCSA will verify that before transmitting the data elements to the
driver's record. This subsection otherwise remains as proposed.
Sec.  383.73(b)(10)
    As proposed, new Sec.  383.73(b)(10) provided that, beginning on
the compliance date of the final rule, the State must not conduct a
skills test for a Class A or Class B CDL, or a P or S endorsement,
until the State verifies that the applicant completed the training
prescribed in subpart F of part 380 of this chapter from a training
provider listed on the TPR.
    In the final rule, FMCSA clarifies that the State must verify
electronically the applicant's completion of the required ELDT. As
discussed in the response to comments, the Agency makes this change in
order to clarify that the State may not accept paper training
certificates from either the applicant or the training provider as
evidence that the applicant has completed the required training. In
addition, for the reasons noted above in the discussion of Sec.
383.73(b)(3)(ii), FMCSA deletes the requirement that the State
determine that the required ELDT was obtained from a training provider
on the TPR. This subsection otherwise remains as proposed.
Sec.  383.73(e)(8)
    As proposed, new Sec.  383.73(e)(8) provided that, beginning on the
compliance date of the final rule, the State must require a person with
a CDL upgrading from one class of CDL to another or upgrading a CDL
with an H, P, or S endorsement, to complete the training prescribed in
subpart F of part 380 of this chapter from a training provider listed
on the TPR.
    In the final rule, FMCSA makes several clarifying changes to this
subsection. First, the Agency specifies that the requirement applies to
upgrades to either a Class A or Class B CDL, or the addition of a P, S,
or H endorsement. Additionally, for the reasons noted above in the
discussion of Sec. Sec.  383.73(b)(3)(ii) and 383.73(b)(10), FMCSA
deletes the requirement that the State determine that the required ELDT
was obtained from a training provider on the TPR.
Sec.  383.73(p)
    Finally, the Agency adds new (p) to Sec.  383.73 to require that,
after the compliance date of the final rule, the State must notify
FMCSA in the event that a training provider in the State does not meet
applicable State requirements for CMV instruction. As discussed in the
response to comments, this change is necessary since FMCSA has no means
of independently determining whether a training provider complies with
applicable State requirements for CMV instruction. If the training
provider is listed on the TPR, failure to meet State requirements could
result in that provider's removal from the TPR. This subsection
otherwise remains as proposed.
Sec.  383.95 Restrictions
    As proposed, new Sec.  383.95(h) provided that the State would
reinstate the CDL for a CDL holder disqualified from operating a CMV
under Sec.  383.51(b)-(e) solely for the limited purpose of completing
the refresher training curriculum. The State may not restore full CMV
driving privileges until receiving notification that the driver
completed the refresher training curriculum.
    As discussed above, the final rule does not include any refresher
training requirements as proposed. Accordingly, FMCSA deletes this
proposed subsection from the final rule.
Sec.  383.153 Information on the CLP and CDL Documents and Applications
    As proposed, Sec.  383.153(a)(10) was amended to add (ix), a new
restriction (R) for refresher training only.
    Because the final rule does not include any refresher training
requirements as proposed, FMCSA deletes this proposed addition to Sec.
383.153(a)(10) from the final rule.

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

    In the proposed rule, FMCSA revised the authority citation for part
384 and made various conforming changes. The proposed rule did not make
any substantive changes to the existing requirements in part 384. FMCSA
discusses below only the proposed conforming changes to part 384 which
were revised in the final rule. All other conforming changes to part
384 remain essentially as proposed.
Sec.  384.230 Entry-Level Driver Certification
    As proposed, new Sec.  384.230(a) required a State, beginning on
the compliance date of the final rule, to follow the procedures
prescribed in Sec.  383.73 for verifying that a person received
training from a provider listed on the TPR before issuing an initial
Class A or Class B CDL, a CDL with an H, P, or S endorsement, upgrading
a CDL from one class to another, or upgrading a CDL with an H, P, or S
endorsement. In addition, under proposed Sec.  384.230(b), States would
be permitted to issue a CDL to individuals who obtain an initial CLP
before the compliance date of the final rule who have not complied with
the ELDT requirements in subpart F of part 380, so long as they obtain
the CDL within 360 days after obtaining the initial CLP. Finally, under
proposed Sec.  384.230(c), a State may not issue a CDL to individuals
who obtain a CLP on or after the compliance date of the final rule
unless

they comply with the ELDT requirements in subpart F of part 380.
    In the final rule, FMCSA makes several clarifying changes to Sec.
384.230(a) and (b). In Sec.  384.230(a), we add specific references to
Sec.  383.73(b)(3)(ii), (b)(10), and (e)(8) in order to clarify the
ELDT completion verification procedures a State is required to follow
and make corresponding conforming changes to the regulatory text. In
Sec.  384.230(b), the Agency makes a conforming change to clarify that
a State may issue a CDL to individuals who obtain a CLP before the
compliance date of the final rule who have not complied with the ELDT
requirements in subpart F of part 380, so long as they obtain a CDL
before the CLP or renewed CLP expires. Section 384.230(c) remains as
proposed.
Sec.  384.235 Entry-Level Driver Training Provider Notification
    FMCSA adds new Sec.  384.235 to mandate that the State must meet
the entry-level driver training notification requirement of Sec.
383.73(p).

X. Section-by-Section

Part 380

Subpart E of Part 380
    Subpart E would be retitled as ``Subpart E--Entry-Level Driver
Training Requirements Before February 7, 2020.'' On the compliance date
of the final rule, this subpart would be removed and reserved and
replaced by new subparts F and G.
New Subpart F of Part 380
    This new subpart establishes the requirements for entry-level
drivers, minimum curriculum content, and standards for training
providers. The entry-level driver training requirements that would
replace those in current subpart E would be titled ``Subpart F--Entry-
Level Driver Training Requirements On and After February 7, 2020.''
New Subpart G of Part 380
    This new subpart establishes the minimum qualifications for an
entity to be eligible for listing on the FMCSA TPR. The TPR will be an
online portal administered by FMCSA allowing training providers to
register. Training providers will also transmit driver-trainee training
certifications to FMCSA electronically through the TPR. The TPR allows
drivers seeking training to find an eligible provider who meets their
needs.

Part 383

Sec.  383.71 Driver Application Procedures
    FMCSA adds new paragraphs--(a)(3), (b)(11), and (e)(3) through
(5)--regarding the completion of the training prescribed in part 380,
subpart F, before a Class A or B CDL, a passenger, school bus, or
hazardous materials endorsement for the first time, or an upgrade to a
Class A or Class B CDL is issued.
Sec.  383.73 State Procedures
    FMCSA adds new paragraphs (b)(10), (e)(8), and (p) and revised
paragraph (b)(3)(ii) to prohibit a State from issuing a Class A or B
CDL, or a CDL with a hazardous materials, passenger, or school bus
endorsement for the first time, or an upgrade to a CDL, unless the SDLA
has received electronic ELDT certification information.

Part 384

    FMCSA adds new Sec. Sec.  384.230 and 384.235. Additionally, the
Agency adds a new paragraph (j) to Sec.  384.301.

XI. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory
Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined that this rulemaking is an economically
significant regulatory action under Executive Order (E.O.) 12866,\29\
Regulatory Planning and Review, as supplemented by E.O. 13563.\30\ It
also is significant under Department of Transportation regulatory
policies and procedures because the economic costs and benefits of the
rule exceed the $100 million annual threshold and because of the
substantial Congressional and public interest concerning the lack of
Federal entry-level driver training requirements. A Regulatory Impact
Analysis (RIA) is available in the docket. That document:
---------------------------------------------------------------------------

    \29\ Executive Order 12866 of September 30, 1993. Regulatory
Planning and Review. 58 FR 51735-51744 (October 4, 1993).
    \30\ Executive Order 13563 of January 18, 2011. Improving
Regulation and Regulatory Review. 76 FR 3821-3823 (January 21,
2011).
---------------------------------------------------------------------------

     Identifies the problem targeted by this rulemaking,
including a statement of the need for the action.
     Defines the scope and parameters of the analysis.
     Defines the baseline.
     Defines and evaluates the costs and benefits of the
action.
     Compares the costs and benefits.
     Interprets the cost and benefit results.
    The RIA is the synthesis of research conducted specific to current
entry-level driver training practices, industry discussions from the
ELDTAC, and research conducted on the costs and benefits of the entry-
level driver training provisions of this final rule.
    Entry-level drivers, motor carriers, training providers, SDLAs, and
the Federal Government would incur costs for compliance and
implementation. The costs of the final rule include tuition expenses,
the opportunity cost of time while in training, compliance audit costs,
and costs associated with the implementation and monitoring of the TPR.
As shown in Table 1, FMCSA estimates that the 10-year cost of the final
rule would total $3.66 billion on an undiscounted basis, $3.23 billion
discounted at 3 percent, and $2.76 billion discounted at 7 percent (all
in 2014 dollars). Values in Table 1 are rounded to the nearest million.

                                                          Table 1--Total Cost of the Final Rule
                                                                 [In millions of 2014$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Undiscounted                                             Discounted
                                         ---------------------------------------------------------------------------------------------------------------
                  Year                     Entry-level      Motor       Training                     Federal                   Discounted    Discounted
                                             drivers      carriers      providers       SDLAs      government     Total \a\       at 3%         at 7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020....................................          $324           $20            $9           $56            $6          $415          $415          $415
2021....................................           326            20             6             0             1           353           343           330
2022....................................           328            20             7             0             1           356           336           311
2023....................................           330            20             6             0             1           357           327           291
2024....................................           331            20             7             0             1           359           319           274
2025....................................           333            20             6             0             1           360           311           257

2026....................................           335            20             7             0             1           363           304           242
2027....................................           337            20             6             0             1           364           296           227
2028....................................           339            21             7             0             1           368           291           214
2029....................................           341            21             6             0             1           369           283           201
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................         3,324           202            67            56            15         3,664         3,225         2,762
                                         ---------------------------------------------------------------------------------------------------------------
Annualized..............................  ............  ............  ............  ............  ............           366           367           368
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ Total cost values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of unrounded
  components).

    The costs of this final rule specifically attributable to the S
endorsement training requirement were also evaluated separately in the
RIA. This was done because MAP-21 mandates training for entry-level
drivers who wish to obtain a CDL, or a P endorsement, or an H
endorsement, but is silent with respect to the S endorsement. Inclusion
of the S endorsement training requirement increases the total cost of
the rule by only approximately 0.82 percent. On an annualized basis at
a 7 percent discount rate, this equates to an increase in the total
cost of the rule from $365 million to $368 million (this can be seen in
Section 3 of the RIA). Details of these comparative analyses of the
costs of the rule and the reasons for this relatively small change in
costs resulting from the inclusion of the S endorsement training
requirement are presented in Section 3 of the RIA. The costs presented
in Table 1 include this small additional incremental cost associated
with the S endorsement training requirement as part of the total costs
of the final rule.
    This final rule will result in benefits to CMV operators, the
transportation industry, the traveling public, and the environment.
FMCSA estimated benefits in two broad categories: Safety benefits and
non-safety benefits. Training related to the performance of complex
tasks may improve performance; in the context of the training required
by this final rule, improvement in task performance constitutes
adoption of safer driving practices that the Agency believes will
reduce the frequency and severity of crashes, thereby resulting in
safer roadways for all. The training related to fuel efficient driving
practices that will be taught under the `speed management' and `space
management' sections of the curriculum reduce fuel consumption and
consequently lower environmental impacts associated with carbon dioxide
emissions. As discussed in Section 4.1.1 of the RIA for today's rule,
FMCSA does not believe that the training in fuel efficient driving
practices addressed by this rule will contribute to measurably longer
trip times, as the curricula focus on factors such as maintaining safe
distances between vehicles and avoiding hard acceleration and braking,
rather than reducing vehicle speed. The Agency therefore assumes in its
analysis that these fuel efficient driving practices will not
contribute to measurably longer trip times.
    Safer driving will reduce maintenance and repair costs. Table 2
below presents the directly quantifiable benefits that FMCSA projects
will result from this final rule (all in 2014 dollars, values rounded
to the nearest million). Due to wide ranges of estimates in studies
relevant to the quantified benefits of the rule and the lack of studies
that specifically focus on the curricula prescribed by this rule,\31\
the Agency presents benefits estimated under alternate benefit
scenarios in Table 3 and Table 4. These alternate scenarios are derived
from the low and high benefit cases (see sensitivity analyses in
Sections 4.1.1 through 4.1.3 of the RIA) in which the fuel savings,
CO2 emissions reductions, and maintenance and repair cost
savings are 50 percent lower (low benefits case) and 50 percent greater
(high benefits case) than the central estimates that the Agency relied
on in developing the values presented in Table 2. Further discussion of
the low and high benefits cases is reserved to the RIA for the final
rule.
---------------------------------------------------------------------------

    \31\ As described in Sections 4.1.1 through 4.1.3, the Agency
identified a variety of relevant studies related to each of the
quantified benefits. With particular respect to the estimated fuel
and CO2 savings the Agency was unable to identify any
studies that perfectly align with the curricula of this rule.

                                                 Table 2--Total Quantifiable Benefits of the Final Rule
                                                          [Central case, in millions of 2014$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Undiscounted                                     Discounted
                                                         -----------------------------------------------------------------------------------------------
                          Year                                                              Maintenance
                                                           Value of fuel   Value of CO2     and repair       Total \b\     Discounted at   Discounted at
                                                              savings      reduction \a\   cost savings                         3%              7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020....................................................             $89             $15             $13            $117            $117            $117
2021....................................................             151              26              22             198             192             186
2022....................................................             186              31              26             243             229             214
2023....................................................             190              32              27             248             227             206
2024....................................................             194              32              27             253             225             197
2025....................................................             197              33              27             257             222             188

2026....................................................             202              34              28             263             220             181
2027....................................................             205              34              28             266             217             172
2028....................................................             207              35              28             270             214             165
2029....................................................             211              35              28             274             210             157
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           1,830             306             253           2,389           2,073           1,783
                                                         -----------------------------------------------------------------------------------------------
Annualized..............................................  ..............  ..............  ..............             239             236             237
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ The monetized benefits associated with reduced CO2 emissions are discounted at the 3% rate in both the ``discounted at 3%'' and ``discounted at 7%''
  columns in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guidance on monetizing CO2
  reductions, and is consistent with past DOT and EPA practices. Further details on the monetization of CO2 reductions are presented in Section 4.1.2 of
  the RIA.
\b\ Total benefit values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of unrounded
  components).

                                                 Table 3--Total Quantifiable Benefits of the Final Rule
                                                        [Low benefits case, in millions of 2014$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Undiscounted                                     Discounted
                                                         -----------------------------------------------------------------------------------------------
                          Year                                                              Maintenance
                                                           Value of fuel   Value of CO2     and repair       Total \b\     Discounted at   Discounted at
                                                              savings      reduction \a\   cost savings                         3%              7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020....................................................             $44              $8              $6             $58             $58             $58
2021....................................................              75              13              11              99              96              93
2022....................................................              93              16              13             121             114             107
2023....................................................              95              16              13             124             114             103
2024....................................................              97              16              13             127             112              99
2025....................................................              99              17              14             129             111              94
2026....................................................             101              17              14             131             110              90
2027....................................................             102              17              14             133             108              86
2028....................................................             104              17              14             135             107              82
2029....................................................             106              17              14             137             105              78
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................             915             153             127           1,195           1,036             891
                                                         -----------------------------------------------------------------------------------------------
Annualized..............................................  ..............  ..............  ..............             119             118             119
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ The monetized benefits associated with reduced CO2 emissions are discounted at the 3% discount rate in both the ``discounted at 3%'' and
  ``discounted at 7%'' columns in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guidance on
  monetizing CO2 reductions, and is consistent with past DOT and EPA practices. Further details on the monetization of CO2 reductions are presented in
  Section 4.1.2 of the RIA.
\b\ Total benefit values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of unrounded
  components).

                                                 Table 4--Total Quantifiable Benefits of the Final Rule
                                                       [High benefits case, in millions of 2014$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Undiscounted                                     Discounted
                                                         -----------------------------------------------------------------------------------------------
                          Year                                                              Maintenance
                                                           Value of fuel   Value of CO2     and repair       Total \b\     Discounted at   Discounted at
                                                              savings      reduction \a\   cost savings                         3%              7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020....................................................            $133             $23             $19            $175            $175            $175
2021....................................................             226              38              32             295             287             278
2022....................................................             278              47              38             363             343             321
2023....................................................             285              48              39             371             340             308
2024....................................................             291              49              40             379             337             295
2025....................................................             296              50              40             385             332             282
2026....................................................             302              50              41             393             329             271
2027....................................................             307              51              41             399             324             258
2028....................................................             311              52              41             405             320             246
2029....................................................             316              52              42             410             314             235
                                                         -----------------------------------------------------------------------------------------------

    Total...............................................           2,745             459             372           3,576           3,100           2,668
                                                         -----------------------------------------------------------------------------------------------
Annualized..............................................  ..............  ..............  ..............             358             353             355
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ The monetized benefits associated with reduced CO2 emissions are discounted at the 3% discount rate in both the ``discounted at 3%'' and
  ``discounted at 7%'' columns in this table. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guidance on
  monetizing CO2 reductions, and is consistent with past DOT and EPA practices. Further details on the monetization of CO2 reductions are presented in
  Section 4.1.2 of the RIA.
\b\ Total benefit values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of unrounded
  components).

    While FMCSA believes that this final rule will at a minimum achieve
cost-neutrality, the net of quantified costs and benefits (presented in
Table 5 below) results in an annualized net cost of $131 million at a 7
percent discount rate. This estimate is based only on quantifiable
costs and benefits (central case) attributable to this rule. Safety
benefits are assessed separately via a threshold analysis discussed in
detail in Section 4.2 of the RIA.

 Table 5--Net Cost of the Final Rule (Central Case), Absent Quantifiable
                             Safety Benefits
                         [In millions of 2014$]
------------------------------------------------------------------------
                                                        3%         7%
                       Year                          Discount   Discount
                                                       rate       rate
------------------------------------------------------------------------
2020..............................................       $298       $298
2021..............................................        151        144
2022..............................................        107         97
2023..............................................        100         85
2024..............................................         94         77
2025..............................................         89         69
2026..............................................         84         61
2027..............................................         79         55
2028..............................................         77         49
2029..............................................         73         44
                                                   ---------------------
    Total.........................................      1,152        979
                                                   ---------------------
Annualized........................................        131        131
------------------------------------------------------------------------

    In the absence of a clear link between training and safety, FMCSA
followed the guidance of the Office of Management and Budget (OMB) in
its Circular A-4 to perform a threshold analysis to determine the
degree of safety benefits that will need to occur as a consequence of
this final rule in order for the rule to achieve cost-neutrality.\32\
As presented and discussed in detail in Section 4.2 of the RIA, the
central estimate of this analysis is that a 3.61 percent improvement in
safety performance (that is, a 3.61 percent reduction in the frequency
of crashes involving those entry-level drivers who will receive
additional pre-CDL training as a result of this final rule during the
period for which the benefits of training are estimated to remain
intact) is necessary to offset the $142 million (annualized at 7
percent) net cost of this final rule. Note that under the low and high
benefits cases presented in Table 3 and Table 4, the net cost of this
final rule ranges from $13 million to $250 million (annualized at 7
percent), suggesting the improvement in safety performance necessary to
offset the rule's costs may be as low as 0.36 percent and as high as
6.89 percent (see Section 4.2 of the RIA for the final rule for further
detail).
---------------------------------------------------------------------------

    \32\ Office of Management and Budget. Circular A-4. Regulatory
Analysis. September 17, 2003. Available at: https://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a004/a-4.pdf (accessed July 25, 2016).
---------------------------------------------------------------------------

    Table 6 below presents the projected number of crash reductions
involving entry-level drivers that must occur in each of the 10 years
following this final rule's implementation and in the aggregate, in
order to offset the net cost ($131 million annualized at 7
percent).\33\ To be clear, it is the sum of the monetized value of all
columns of Table 6--not the sum of the monetized value of any
individual column--that results in cost-neutrality.
---------------------------------------------------------------------------

    \33\ Some commenters to the RIA that was performed for the NPRM
for this rule incorrectly interpreted the breakeven percentage
reduction in crashes estimated here as being relative to all CMV
crashes industry-wide, rather than being relative to only to the
much smaller sub-set of crashes involving entry-level drivers that
are affected by the rule. Note that with respect to the magnitude of
the reduction in the frequency of all crashes involving large trucks
and buses that the annual average crash reductions presented in
Table 6 represent, the Agency notes that there were an estimated
total 3,649 fatal, 93,000 injury, and 379,000 PDO crashes in 2014
(see U.S. Department of Transportation, Federal Motor Carrier Safety
Administration (FMCSA), 2016 Pocket Guide to Large Truck and Bus
Statistics, May 2016, pages 33 and 34, available at: http://ntl.bts.gov/lib/59000/59100/59189/2016_Pocket_Guide_to_Large_Truck_and_Bus_Statistics.pdf (accessed
July 1, 2016)). Therefore, viewed in this manner, based on the
annual average number of crash reductions necessary for this final
rule to achieve cost-neutrality (shown in the second row from the
bottom of Table 6), this equates to a reduction of only 0.14% of
fatal, 0.11% of injury, and 0.11% of PDO crashes, respectively
(relative to calendar year 2014). These percentage reductions are
calculated as follows: Fatal = 5 / 3,649; Injury = 102 / 93,000; PDO
= 432 / 379,000. It should be re-emphasized, however, that this view
of the data taken by some of the commenters is incorrect, and that
the breakeven percentage reduction in crashes estimated here is
relative to only the much smaller sub-set of crashes involving
entry-level drivers that are affected by the rule.

     Table 6--Crash Reductions Involving Entry-Level Drivers, by Type, Necessary To Achieve Cost-Neutrality
                                             [For the Central Case]
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                     Number of       Number of       property
                              Year                                 fatal crashes      injury        damage only
                                                                                crashes      (PDO) crashes
----------------------------------------------------------------------------------------------------------------
2020............................................................               3              59             251
2021............................................................               5              98             418
2022............................................................               6             118             502
2023............................................................               6             118             502
2024............................................................               6             118             502
2025............................................................               6             118             502
2026............................................................               6             118             502
2027............................................................               6             118             502
2028............................................................               6             118             502
2029............................................................               6             118             502
                                                                 -----------------------------------------------
Annual Average \a\..............................................               5             110             468
                                                                 -----------------------------------------------
    Total \b\...................................................              53           1,102           4,682
----------------------------------------------------------------------------------------------------------------
Notes:
\a\ Rounded to the nearest whole number.
\b\ The individual values shown may not sum to the totals shown due to rounding.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat.
1164 (5 U.S.C. 601-612), as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, March
29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111-240, 124
Stat. 2504, September 27, 2010), requires Federal agencies to consider
the effects of the regulatory action on small business and other small
entities and to minimize any significant economic impact. The term
``small entities'' comprises small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Additionally, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses.
    Accordingly, FMCSA prepared an Initial Regulatory Flexibility
Analysis (IRFA) for the NPRM and a Final Regulatory Flexibility
Analysis (FRFA) for the Final Rule. This rule will affect all entities
that choose to become training providers. As shown in the FRFA (see
Section 5 of the RIA), FMCSA estimated that approximately 4.6 million
small entities could employ entry-level drivers, but that only 22,000
entities will register with FMCSA to become training providers. The
impact on those entities that choose to become training providers will
be less than $500 in the first year of the analysis, which is less than
1% of revenue for entities in any of the potentially affected
industries. Therefore, I certify that this rule will not have a
significant economic impact on a substantial number of small entities.

C. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the final rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please consult the FMCSA point of
contact, Richard Clemente, listed in the FOR FURTHER INFORMATION
CONTACT section of this final rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $155 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2013 levels) or more in any one year. This rulemaking would result in
private sector expenditures in excess of the $155 million threshold.
Gross costs, however, are expected to be offset by fuel, carbon
dioxide, and maintenance and repair savings, making this final rule
cost-neutral based on reduced instances of crashes, as further
discussed in the threshold-based analysis described in the RIA.
    A written statement under the Unfunded Mandates Reform Act is not
required for regulations that incorporate requirements specifically set
forth in law (2 U.S.C. 1531). MAP-21 mandated that FMCSA issue
regulations to establish minimum entry-level training requirements for
all first-time CDL applicants, CDL holders seeking a license upgrade
from one class of CDL to another, and applicants for the passenger (P)
or hazardous materials (H) endorsements.\34\ Accordingly, because

this rule implements the direction of Congress in mandating ELDT, a
written statement under the Unfunded Mandates Reform Act is not
required.
---------------------------------------------------------------------------

    \34\ As explained above and discussed in the RIA, mandatory
school bus (S) endorsement training is also included in the final
rule. While not specifically mandated by MAP-21, the Agency believes
the inclusion of an S endorsement curriculum is entirely consistent
with MAP-21's recognition of the importance of ELDT in the operation
of passenger-carrying CMVs. FMCSA notes that the S endorsement
training requirement increases the cost of the final rule by a
negligible amount (approximately 0.82%), due primarily to the fact
that about 95% of entry-level school bus drivers currently receive
training that is at least equal to the minimum standard established
in today's rule.
---------------------------------------------------------------------------

E. Paperwork Reduction Act

    These amended regulations require training providers to obtain,
collect, maintain, and in some cases transmit, information about their
facilities, curricula, and the individuals who complete entry-level
driver training. In accordance with the Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501-3520), FMCSA has analyzed the need for these
information-collection (IC) activities and how the information will be
managed. On March 7, 2016, the Agency provided a preliminary estimate
of the time burden that would be imposed on training providers under
the proposed rules and asked for public comment (81 FR 11967). No
comments were received.
    The compliance date for the amended training rules is three years
after the effective date of this final rule. For the next three years,
the Agency's current regulations pertaining to the training of entry-
level drivers (49 CFR Subpart E) will remain in place. OMB approves
information-collection activities for a maximum period of 3 years.
Thus, the Agency's estimate of IC burden must be based upon the current
regulations. That burden was approved by OMB on December 23, 2015,
after public notice and comment (80 FR 53385). The Agency at this time
does not amend that approved estimate: 66,250 hours. Formal OMB
approval of the IC collection to be conducted under the amended rules
must be obtained before the compliance date of those rules. Therefore,
in approximately two years, the Agency will submit its estimate of the
burden of the amended rules to OMB for approval and provide notice and
an opportunity for public comment on the estimate.
Preliminary Estimate
    FMCSA offers the following preliminary estimate of the IC burden it
foresees the amended training rules will impose on the compliance date
three years hence.
    Summary of the Collection of Information: Training providers must
register each training location with the TPR by electronically
submitting an initial TPRF. Training providers must also submit an
updated TPRF for each training location to the TPR every two years. In
addition, training providers must electronically submit training
certification information to the TPR for each individual who completes
entry-level driver training.
    Need for Information: The Agency must be able to assess the
qualifications of training providers in order to list them on the TPR,
and the identity of training locations is needed for FMCSA to be able
to visit the sites to verify compliance. Finally, information about
individuals who complete ELDT is needed so the Agency can inform SDLAs
that CDL applicants completed the required training.
    Proposed Use of Information: The Agency will monitor training
providers to ensure that they conduct training in accordance with these
rules. Monitoring will include on-site audits of the operations of
training providers. Further, the Agency will monitor the safety
performance of drivers who complete entry-level training in order to
assess the efficacy of the training required by the amended
regulations.
    Description of the Respondents: Training providers.
    Number of Respondents: 20,510.
    Frequency of Response: Training providers must initially register
each training location with the TPR by submitting an initial TPRF.
Training providers must also submit an updated TPRF for each training
location to the TPR every two years. Finally, on an irregular basis,
training providers must electronically submit training certification
information to the TPR for each individual who completes entry-level
driver training.
    Burden of Response: Over the first three years of the new rules,
the Agency estimates that training providers will require 20,405 hours
annually to register their training locations with FMCSA. Training
providers will also require 38,625 hours annually to electronically
submit training certification information to the TPR for each
individual who completes entry-level driver training.
    Preliminary Estimate of the Total Annual Burden of the Revised
Rules on the Compliance Date (three years from this date): 59,030 hours
(20,405 + 38,625).

F. Executive Order 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of
Executive Order 13132 if it has ``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. FMCSA has analyzed this rule in
accordance with E.O. 13132 and has determined that it does not have
federalism implications.
    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
current entry-level driver training requirements in 49 CFR part 380, as
required by the MAP-21 amendment to 49 U.S.C. 31305, the training
section of the CDL statute. 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 conforming, and
not substantive, 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, as a practical matter, this
rule may have some impact on the States. Accordingly, the Agency sought
advice from the National Governors Association (NGA), the National
Conference of State legislatures (NCSL), the American Association of
Motor Vehicle Administrators (AAMVA), and the National Association of
Publicly Funded Truck Driving Schools (NAPFTDS) on the topic of entry-
level driver training, by letters to each organization, dated July 6,
2015. (Copies of these letters are available in the docket for this
rulemaking.) FMCSA offered NGA, NCSL, AAMVA, and NAPFTDS officials the
opportunity to meet and discuss issues of concern to the States. It
should also be noted that AAMVA and NAPFTDS were members of the ELDTAC,
whose consensus recommendations formed the basis of the NPRM. State and
local governments were also able to raise Federalism issues during the
NPRM comment period.
    Furthermore, FMCSA sent follow-up letters to NGA, NCSL, AAMVA, and
NAPFTDS on March 18, 2016, notifying them that the NPRM had been
published.

G. Executive Order 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.

H. Executive Order 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. Although FMCSA has determined that this in an economically
significant rule, the Agency concludes, as noted in the response to
comments, that this regulatory action does not present ``environmental
health risks and safety risks,'' as that term is defined in E.O. 13045,
which could disproportionately affect children.

I. Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

J. Privacy

    FMCSA conducted a privacy impact assessment (PIA) of this rule as
required by section 522(a)(5) of division H of the FY 2005 Omnibus
Appropriations Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004).
The assessment considered impacts of the final rule on the privacy of
information in an identifiable form and related matters. The final rule
will impact the handling of personally identifiable information (PII).
FMCSA has evaluated the risks and effects the rulemaking might have on
collecting, storing, and sharing PII and has evaluated protections and
alternative information handling processes in developing the final rule
in order to mitigate potential privacy risks.
    For the purposes of both transparency and efficiency, the privacy
analysis conforms to the DOT standard Privacy Impact Assessment (PIA)
and will be published on the DOT Web site, http://www.transportation.gov/privacy, concurrently with the publication of
the rule. The PIA addresses the rulemaking, associated business
processes contemplated in the rule, and any information known about the
systems or existing systems to be implemented in support of the final
rulemaking. While a PIA for the Entry Level Driver Training NPRM was
not required, due to changes in the rulemaking and associated business
processes during the final rule stage, this effort will now require the
publication of a PIA. FMCSA will not be directly collecting information
from individuals, but the agency will be storing and using PII
collected by the training providers about individuals that received
training at the facilities.
    As required by the Privacy Act, FMCSA and the Department will
publish, with request for comment, a system of records notice (SORN)
that will describe FMCSA's maintenance and electronic transmission of
information affected by this final rule and covered by the Privacy Act.
This SORN will be developed to reflect the new storage and electronic
transmission of information and published in the Federal Register not
less than 30 days before the Agency is authorized to collect or use PII
retrieved by unique identifier.

K. Executive Order 12372 (Intergovernmental Review)

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

L. Executive Order 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 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 order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

M. Executive Order 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, FMCSA did not consider the use of
voluntary consensus standards.
    If you disagree with our analysis of the voluntary consensus
standards or are aware of voluntary consensus standards that might
apply but are not listed here, please send a comment to the docket
using one of the methods under ADDRESSES. In your comment, please
explain why you disagree with our analysis and/or identify voluntary
consensus standards FMCSA has not listed that might apply.

O. Environment (NEPA, CAA, E.O. 12898 Environmental Justice)

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to integrate environmental
values into their decision-making processes by requiring Federal
agencies to consider the potential environmental impacts of their
actions. In accordance with NEPA, FMCSA's NEPA Order 5610.1 (NEPA
Implementing Procedures and Policy for Considering Environmental
Impacts), and other applicable requirements, FMCSA prepared an
Environmental Assessment (EA) to review the potential impacts of the
rule. Because the implementation of this action would only impose new
training standards for certain individuals applying for their CDL, an
upgrade of their CDL, or hazardous materials, passenger, or school bus
endorsement for their license, FMCSA has tentatively found that noise,
endangered species, cultural resources protected under the National
Historic Preservation Act, wetlands, and resources protected under
Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C.
303, as amended by Public Law 109-59, would not be impacted. The impact
areas that may be affected and will be evaluated in this EA

include air quality, hazardous materials transportation, solid waste,
and public safety. But the impact area of focus for the EA will be air
quality. Specifically, as outlined in the RIA for this rulemaking,
FMCSA anticipates that an increase in driver training to result in
improved fuel economy based on changes to driver behavior, such as
smoother acceleration and braking practices. Such improved fuel economy
is anticipated to result in lower air emissions and improved air
quality for gases including carbon dioxide. FMCSA expects that all
negative impacts, if any, will be negligible. However, we expect the
overall environmental impacts of this action to be beneficial. The EA
will be available for inspection or copying in the Regulations.gov Web
site listed under ADDRESSES.
    FMCSA also analyzed this final rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and regulations
promulgated by the Environmental Protection Agency (40 CFR part 93,
subpart B). Under the General Conformity Rule, a conformity
determination is required where a Federal action would result in total
direct and indirect emissions of a criteria pollutant or precursor
originating in nonattainment or maintenance areas equaling or exceeding
the rates specified in 40 CFR 93.153(b)(1) and (2). As noted in the
NEPA discussion above, however, FMCSA expects a net decrease in air
emissions as a result of this final rule. Consequently, approval of
this action is exempt from the CAA's General Conformity Requirement
since it does not affect direct or indirect emissions of criteria
pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this rule in accordance with the Executive Order,
and has determined that no environmental justice issue is associated
with this rule, nor is there any collective environmental impact that
would result from its promulgation.

List of Subjects

49 CFR Part 380

    Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.

49 CFR Part 383

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

49 CFR Part 384

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

    For the reasons set forth in the preamble, FMCSA amends 49 CFR
parts 380, 383, and 384 as follows:

PART 380--SPECIAL TRAINING REQUIREMENTS

0
1. The authority citation for part 380 is revised to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31305, 31307, 31308, and
31502; sec. 4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-
2152); sec. 32304 of Pub. L. 112-141; and 49 CFR 1.87.

Subpart E--Entry-Level Driver Training Requirements Before February
7, 2020

0
2. Revise subpart E to read as set forth above.

0
3. Add subpart F to read as follows:

Subpart F--Entry-Level Driver Training Requirements On and After
February 7, 2020

Sec.
380.600 Compliance date for training requirements for entry-level
drivers.
380.601 Purpose and scope.
380.603 Applicability.
380.605 Definitions.
380.609 General entry-level driver training requirements.

Sec.  380.600   Compliance date for training requirements for entry-
level drivers.

    Compliance with the provisions of this subpart is required on or
after February 7, 2020.

Sec.  380.601   Purpose and scope.

    This subpart establishes training requirements for entry-level
drivers, as defined in this subpart, and minimum content for theory and
Behind-the-Wheel (BTW) training curricula. Entry-level driver training,
as defined in this subpart, applies only to those individuals who apply
for a commercial driver's license (CDL) or a CDL upgrade or endorsement
and does not otherwise amend substantive CDL requirements in part 383
of this chapter.

Sec.  380.603   Applicability.

    (a) The rules in this subpart apply to all entry-level drivers, as
defined in this subpart, who intend to drive CMVs as defined in Sec.
383.5 of this chapter in interstate and/or intrastate commerce, except:
    (1) Drivers excepted from the CDL requirements under Sec.
383.3(c), (d), and (h) of this chapter;
    (2) Drivers applying for a restricted CDL under Sec.  383.3(e)
through (g) of this chapter;
    (3) Veterans with military CMV experience who meet all the
requirements and conditions of Sec.  383.77 of this chapter; and
    (4) Drivers applying for a removal of a restriction in accordance
with Sec.  383.135(b)(7).
    (b) Drivers who hold a valid Class A or Class B CDL, or a passenger
(P), school bus (S), or hazardous materials (H) endorsement, issued
before February 7, 2020, are not required to comply with this subpart
pertaining to that CDL or endorsement.
    (c)(1) Individuals who obtain a CLP before February 7, 2020, are
not required to comply with this subpart if they obtain a CDL before
the CLP or renewed CLP expires.
    (2) Individuals who obtain a CLP on or after February 7, 2020, are
required to comply with this subpart.
    (3) Except for individuals seeking the H endorsement, individuals
must complete the theory and BTW (range and public road) portions of
entry-level driver training within one year of completing the first
portion.

Sec.  380.605   Definitions.

    (a) The definitions in parts 383 and 384 of this subchapter apply
to this subpart, except as stated below.
    (b) As used in this subpart:
    Behind-the-wheel (BTW) instructor means an individual who provides
BTW training involving the actual operation of a CMV by an entry-level
driver on a range or a public road and meets one of these
qualifications:
    (i) Holds a CDL of the same (or higher) class and with all
endorsements necessary to operate the CMV for which training is to be
provided and has at least two years of experience driving a CMV
requiring a CDL of the same or higher class and/or the same endorsement
and meets all applicable State qualification requirements for CMV
instructors; or
    (ii) Holds a CDL of the same (or higher) class and with all
endorsements necessary to operate the CMV for which training is to be
provided and has at least two years of experience as a BTW CMV
instructor and meets all applicable State qualification requirements
for CMV instructors.
    Exception: A BTW instructor who provides training solely on a range
which is not a public road is not required to hold a CDL of the same
(or higher) class and with all endorsements

necessary to operate the CMV for which training is to be provided, as
long as the instructor previously held a CDL of the same (or higher)
class and with all endorsements necessary to operate the CMV for which
training is to be provided, and complies with the other requirements
set forth in paragraphs (1), (2), or (3) of this definition.
    (iii) If an instructor's CDL has been cancelled, suspended, or
revoked due to any of the disqualifying offenses identified in Sec.
383.51, the instructor is prohibited from engaging in BTW instruction
for two years following the date his or her CDL is reinstated.
    Behind-the-wheel (BTW) range training means training provided by a
BTW instructor when an entry-level driver has actual control of the
power unit during a driving lesson conducted on a range. BTW range
training does not include time an entry-level driver spends observing
the operation of a CMV when he or she is not in control of the vehicle.
    Behind-the-wheel (BTW) public road training means training provided
by a BTW instructor when an entry-level driver has actual control of
the power unit during a driving lesson conducted on a public road. BTW
public road training does not include the time that an entry-level
driver spends observing the operation of a CMV when he or she is not in
control of the vehicle.
    Entry-level driver means an individual who must complete the CDL
skills test requirements under Sec.  383.71 prior to receiving a CDL
for the first time, upgrading to a Class A or Class B CDL, or obtaining
a hazardous materials, passenger, or school bus endorsement for the
first time. This definition does not include individuals for whom
States waive the CDL skills test under Sec.  383.77 or individuals
seeking to remove a restriction in accordance with Sec.  383.135(b)(7).
    Entry-level driver training means training an entry-level driver
receives from an entity listed on FMCSA's Training Provider Registry
prior to:
    (i) Taking the CDL skills test required to receive the Class A or
Class B CDL for the first time;
    (ii) Taking the CDL skills test required to upgrade to a Class A or
Class B CDL; or
    (iii) Taking the CDL skills test required to obtain a passenger
and/or school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for the first
time.
    Range means an area that must be free of obstructions, enables the
driver to maneuver safely and free from interference from other
vehicles and hazards, and has adequate sight lines.
    Theory instruction means knowledge instruction on the operation of
a CMV and related matters provided by a theory instructor through
lectures, demonstrations, audio-visual presentations, computer-based
instruction, driving simulation devices, online training, or similar
means.
    Theory instructor means an individual who provides knowledge
instruction on the operation of a CMV and meets one of these
qualifications:
    (i) Holds a CDL of the same (or higher) class and with all
endorsements necessary to operate the CMV for which training is to be
provided and has at least two years of experience driving a CMV
requiring a CDL of the same (or higher) class and/or the same
endorsement and meets all applicable State qualification requirements
for CMV instructors; or
    (ii) Holds a CDL of the same (or higher) class and with all
endorsements necessary to operate the CMV for which training is to be
provided and has at least two years of experience as a BTW CMV
instructor and meets all applicable State qualification requirements
for CMV instructors.
    Exception: An instructor is not required to hold a CDL of the same
(or higher) class and with all endorsements necessary to operate the
CMV for which training is to be provided, if the instructor previously
held a CDL of the same (or higher) class and complies with the other
requirements set forth in paragraphs (1), (2), and (3) of this
definition.
    (iii) If an instructor's CDL has been cancelled, suspended, or
revoked due to any of the disqualifying offenses identified in Sec.
383.51, the instructor is prohibited from engaging in theory
instruction for two years following the date his or her CDL is
reinstated.
    (iv) Exception. Training providers offering online content
exclusively are not required to meet State qualification requirements
for theory instructors.
    Training provider means an entity that is listed on the FMCSA
Training Provider Registry, as required by subpart G of this part.
Training providers include, but are not limited to, training schools,
educational institutions, rural electric cooperatives, motor carriers,
State/local governments, school districts, joint labor management
programs, owner-operators, and individuals.

Sec.  380.609   General entry-level driver training requirements.

    (a) An individual who applies, for the first time, for a Class A or
Class B CDL, or who upgrades to a Class A or B CDL, must complete
driver training from a provider listed on the Training Provider
Registry (TPR), as set forth in subpart G.
    (b) An individual seeking to obtain a passenger (P), school bus
(S), or hazardous materials (H) endorsement for the first time, must
complete the training related to that endorsement from a training
provider listed on the TPR, as set forth in subpart G.

0
5. Subpart G is added to read as follows:

Subpart G--Registry of Entry-Level Driver Training Providers

Sec.
380.700 Scope.
380.703 Requirements for listing on the training provider registry
(TPR).
380.707 Entry-level training provider requirements.
380.709 Facilities.
380.711 Equipment.
380.713 Instructor requirements.
380.715 Assessments.
380.717 Training certification.
380.719 Requirements for continued listing on the training provider
registry (TPR).
380.721 Removal from Training Provider Registry: factors considered.
380.723 Removal from Training Provider Registry: procedure.
380.725 Documentation and record retention.

Sec.  380.700  Scope.

    The rules in this subpart establish the eligibility requirements
for listing on FMCSA's Training Provider Registry (TPR). In order to
provide entry-level driver training in compliance with this part,
training providers must be listed on the TPR.

Sec.  380.703   Requirements for listing on the training provider
registry (TPR).

    (a) To be eligible for listing on the TPR, an entity must:
    (1) Follow a curriculum that meets the applicable criteria set
forth in appendices A through E of part 380,
    (2) Utilize facilities that meet the criteria set forth in Sec.
380.709;
    (3) Utilize vehicles that meet the criteria set forth in Sec.
380.711;
    (4) Utilize driver training instructors that meet the criteria set
forth in Sec.  380.713;
    (5)(i) Be licensed, certified, registered, or authorized to provide
training in accordance with the applicable laws and regulations of any
State where in-person training is conducted.
    (ii) Exception: State qualification requirements otherwise
applicable to theory instruction do not apply to providers offering
such instruction only online.
    (6) Allow FMCSA or its authorized representative to audit or
investigate the

training provider's operations to ensure that the provider meets the
criteria set forth in this section.
    (7) Electronically transmit an Entry-Level Driver Training Provider
Registration Form through the TPR Web site maintained by FMCSA, which
attests that the training provider meets all the applicable
requirements of this section, to obtain a unique TPR number. If a
training provider has more than one campus or training location, the
training provider must electronically transmit an Entry-Level Driver
Training Provider Registration Form for each campus or training
location in order to obtain a unique TPR number for each location.
    (b) When a provider meets the requirements of Sec. Sec.  380.703
and 380.707, FMCSA will issue the provider a unique TPR number and, as
applicable, add the provider's name and/or contact information to the
TPR Web site.

Sec.  380.707  Entry-level training provider.

    (a) Training providers must require all accepted applicants for
behind-the-wheel (BTW) training to certify that they will comply U.S.
Department of Transportation regulations in parts 40, 382, 383, and
391, as well as State and/or local laws, related to controlled
substances testing, age, medical certification, licensing, and driving
record. Training providers must verify that all accepted BTW applicants
hold a valid commercial learner's permit or commercial driver's
license, as applicable.
    (b) Training providers offering online training must ensure that
the content is prepared and/or delivered by a theory instructor, as
defined in Sec.  380.605.
    (c) Separate training providers may deliver the theory and BTW
portions of the training, but both portions (range and public road) of
the BTW training must be delivered by the same training provider.

Sec.  380.709   Facilities.

    The training provider's classroom and range facilities must comply
with all applicable Federal, State, and/or local statutes and
regulations.

Sec.  380.711   Equipment.

    (a) All vehicles used in the behind-the-wheel training must comply
with applicable Federal and State safety requirements.
    (b) Training vehicles must be in the same group and type that
driver-trainees intend to operate for their CDL skills test.

Sec.  380.713   Instructor requirements.

    (a) Theory training providers must utilize instructors who are a
theory instructor as defined in Sec.  380.605.
    (b) BTW training providers must utilize instructors who are a BTW
instructors as defined in Sec.  380.605.

Sec.  380.715   Assessments.

    (a) Training providers must use assessments (in written or
electronic format) to determine driver-trainees' proficiency in the
knowledge objectives in the theory portion of each unit of instruction
in appendices A through E of part 380, as applicable. The driver-
trainee must receive an overall minimum score of 80 percent on the
theory assessment.
    (b) Training instructors must evaluate and document a driver-
trainee's proficiency in BTW skills in accordance with the curricula in
appendices A through D of part 380, as applicable.

Sec.  380.717   Training certification.

    After an individual completes training administered by a provider
listed on the TPR, that provider must, by midnight of the second
business day after the driver-trainee completes the training,
electronically transmit training certification information through the
TPR Web site including the following:
    (a) Driver-trainee name, number of driver's license/commercial
learner's permit/commercial driver's license, as applicable, and State
of licensure;
    (b) Commercial driver's license class and/or endorsement and type
of training (theory and/or BTW) the driver-trainee completed;
    (c) Total number of clock hours the driver-trainee spent to
complete BTW training, as applicable;
    (d) Name of the training provider and its unique TPR identification
number; and
    (e) Date(s) of successful training completion.

Sec.  380.719   Requirements for continued listing on the training
provider registry (TPR).

    (a) To be eligible for continued listing on the TPR, a provider
must:
    (1) Meet the requirements of this subpart and the applicable
requirements of Sec.  380.703.
    (2) Biennially update the Entry-Level Driver Training Provider
Registration Form.
    (3) Report to FMCSA changes to key information, as identified in
paragraph (a)(3)(i) of this section, within 30 days of the change.
    (i) Key information is defined as training provider name, address,
phone number, type(s) of training offered, training provider status,
and, if applicable, any change in State licensure, certification, or
accreditation status.
    (ii) Changes must be reported by electronically transmitting an
updated Entry-Level Driver Training Provider Registration Form.
    (4) Maintain documentation of State licensure, registration, or
certification verifying that the provider is authorized to provide
training in that State, if applicable.
    (5) Allow an audit or investigation of the training provider to be
completed by FMCSA or its authorized representative, if requested.
    (6) Ensure that all required documentation, as set forth in Sec.
380.725, is available to FMCSA or its authorized representative, upon
request. The provider must submit this documentation within 48 hours of
the request.
    (b) [Reserved]

Sec.  380.721   Removal from training provider registry: factors
considered.

    FMCSA may remove a provider from the TPR when a provider fails to
meet or maintain any of the qualifications established by this subpart
or the requirements of other State and Federal regulations applicable
to the provider. If FMCSA removes a provider from the TPR, any training
conducted after the removal date will be considered invalid.
    (a) The factors FMCSA may consider for removing a provider from the
TPR include, but are not limited to, the following:
    (1) The provider fails to comply with the requirements for
continued listing on the TPR, as described in Sec.  380.719.
    (2) The provider denies FMCSA or its authorized representatives the
opportunity to conduct an audit or investigation of its training
operations.
    (3) The audit or investigation conducted by FMCSA or its authorized
representatives identifies material deficiencies, pertaining to the
training provider's program, operations, or eligibility.
    (4) The provider falsely claims to be licensed, certified,
registered, or authorized to provide training in accordance with the
applicable laws and regulations in any State where in-person training
is provided.
    (5) The State-administered CDL skills examination passage rate for
applicants for the Class A CDL, Class B CDL, passenger endorsement,
and/or school bus endorsement who complete the provider's training and
the CDL knowledge test passage rate for applicants for the hazardous
materials endorsement who complete the provider's training.
    (b) In instances of fraud or other criminal behavior by a training
provider in which driver-trainees have

knowingly participated, FMCSA reserves the right, on a case-by-case
basis, to retroactively invalidate training conducted under this
subpart .

Sec.  380.723   Removal from training provider registry: procedure.

    (a) Voluntary removal. To be voluntarily removed from the Training
Provider Registry (TPR), a provider must submit written notice to
FMCSA's Director, Office of Carrier, Driver, and Vehicle Safety
Standards (Director). Upon receiving the written notice, FMCSA will
remove the training provider from the TPR. On and after the date of
issuance of a notice of proposed removal from the TPR issued in
accordance with paragraph (b) of this section, such a voluntary removal
notice will not be effective.
    (b) Involuntary removal; Notice of proposed removal. Except as
provided by paragraphs (a) and (e) of this section, FMCSA initiates the
process for involuntary removal of a provider from the TPR by issuing a
written notice to the provider, stating the reasons for the proposed
removal and setting forth any corrective actions necessary for the
provider to remain listed on the TPR. If a notice of proposed removal
is issued, the provider must notify current driver-trainees and driver-
trainees scheduled for future training of the proposed removal. If a
notice of proposed removal is issued to a training provider listed on
the TPR Web site, FMCSA will note on the TPR Web site that such notice
has been issued. FMCSA will remove the notation if the notice is
withdrawn.
    (c) Response to notice of proposed removal and corrective action. A
training provider that has received a notice of proposed removal and
wishes to remain on the TPR must submit a written response to the
Director no later than 30 days after the date of issuance of the notice
explaining why it believes that decision is not proper, as described in
paragraph (c)(1) of this section. Alternatively, the provider will set
forth corrective actions taken in response to FMCSA's notice of
proposed removal, as described in paragraph (c)(2) of this section.
    (1) Opposing a notice of proposed removal. If the provider believes
FMCSA has relied on erroneous information in proposing removal from the
TPR, the provider must explain the basis for that belief and provide
supporting documentation. The Director will review the explanation.
    (i) If the Director finds that FMCSA has relied on erroneous
information to propose removal of a training provider from the TPR, the
Director will withdraw the notice of proposed removal and notify the
provider of the withdrawal in writing.
    (ii) If the Director finds that FMCSA has not relied on erroneous
information in proposing removal, the Director will affirm the notice
of proposed removal and notify the provider in writing of the
determination. No later than 60 days after the date the Director
affirms the notice of proposed removal, or as otherwise agreed to by
the provider and the Director, the provider must comply with this
subpart and correct the deficiencies identified in the notice of
proposed removal as described in paragraph (c)(2) of this section.
    (iii) If the provider does not respond in writing within 30 days of
the date of issuance of a notice of proposed removal, the removal
becomes effective immediately and the provider will be removed from the
TPR. Any training conducted after the removal date is invalid.
    (2) Corrective action. (i) The provider must comply with this
subpart and complete the corrective actions specified in the notice of
proposed removal no later than 60 days after either the date of
issuance of the notice of proposed removal or the date the Director
subsequently affirms or modifies the notice of proposed removal. The
provider must provide documentation of completion of the corrective
action(s) to the Director. The Director may conduct an investigation
and request any documentation necessary to verify that the provider has
complied with this subpart and completed the required corrective
action(s). The Director will notify the provider in writing whether it
has met the requirements for continued listing on the TPR.
    (ii) If the provider fails to complete the proposed corrective
action(s) within the 60-day period, the provider will be removed from
the TPR. The Director will notify the provider in writing of the
removal.
    (d) Request for administrative review. If a provider has been
removed from the TPR under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of
this section, the provider may request an administrative review. The
request must be submitted in writing to the FMCSA Associate
Administrator for Policy (Associate Administrator) no later than 30
days after the effective date of the removal. The request must explain
the alleged error(s) committed in removing the provider from the TPR,
and include all factual, legal, and procedural issues in dispute, as
well as any supporting documentation.
    (1) Additional procedures for administrative review. The Associate
Administrator may ask the provider to submit additional information or
attend a conference to discuss the removal. If the provider does not
provide the information requested, or does not attend the scheduled
conference, the Associate Administrator may dismiss the request for
administrative review.
    (2) Decision on administrative review. The Associate Administrator
will complete the administrative review and notify the provider in
writing of the decision. The decision constitutes final Agency action.
If the Associate Administrator deems the removal to be invalid, FMCSA
will reinstate the provider's listing on the TPR.
    (e) Emergency removal. In cases of fraud, criminal behavior, or
willful disregard of the regulations in this subpart or in which public
health, interest, or safety requires, the provisions of paragraph (b)
of this section are not applicable. In these cases, the Director may
immediately remove a provider from the TPR. In instances of fraud or
other criminal behavior by a training provider in which driver-trainees
have knowingly participated, FMCSA reserves the right to retroactively
invalidate training conducted under this subpart. A provider who has
been removed under the provisions of this paragraph may request an
administrative review of that decision as described under paragraph (d)
of this section.
    (f) Reinstatement to the Training Provider Registry. (1) Any time
after a training provider's voluntary removal from the TPR, the
provider may apply to the Director to be reinstated.
    (2) No sooner than 30 days after the date of a provider's
involuntary removal from the TPR, the provider may apply to the
Director to be reinstated. The provider must submit documentation
showing completion of any corrective action(s) identified in the notice
of proposed removal or final notice of removal, as applicable.

Sec.  380.725   Documentation and record retention.

    (a) Applicability. The documentation and retention of records
required by this subpart apply to entities that meet the requirements
of subpart F of this part and are eligible for listing on the Training
Provider Registry (TPR).
    (b) Document retention. All training providers on the TPR must
retain the following:
    (1) Self-certifications by all accepted applicants for behind-the-
wheel (BTW) training attesting that they will comply with U.S.
Department of Transportation regulations in parts 40, 382, 383 and 391,
as well as State and/or local laws,

related to alcohol and controlled substances testing, age, medical
certification, licensing, and driver records, as required in
380.707(a). (2) A copy of the driver-trainee's commercial learner's
permit(s) or commercial driver's license, as applicable, as required in
380.707(a).
    (3) Instructor qualification documentation indicating driving and/
or training experience, as applicable, for each instructor and copies
of commercial driver's licenses and applicable endorsements held by BTW
instructors or theory instructors, as applicable.
    (4) The Training Provider Registration Form submitted to the TPR.
    (5) The lesson plans for theory and BTW (range and public road)
training curricula, as applicable.
    (6) Records of individual entry-level driver training assessments
as described in Sec.  380.715.
    (c) Retention of records. Training providers listed on the TPR must
retain the records identified in paragraph (b) of this section for a
minimum of three years from the date each required record is generated
or received, unless a record, such as a BTW instructor's CDL, has
expired or been canceled, in which case the most recent, valid CDL
should be retained, if applicable. The provisions of this part do not
affect a training provider's obligation to comply with any other local,
State, or Federal requirements prescribing longer retention periods for
any category of records described herein.

Appendix to Part 380 [Redesignated as Appendix F to Part 380]

0
6. The appendix to part 380 is redesignated as appendix F to part 380.

0
7. Add appendices A through E to part 380 to read as follows:

Appendix A to Part 380--Class A--CDL Training Curriculum

    Class A CDL applicants must complete the Class A CDL curriculum
outlined in this Appendix. The curriculum for Class A applicants
pertains to combination vehicles (Group A) as defined in 49 CFR
383.91(a)(1). There is no required minimum number of instruction
hours for theory training, but the training instructor must cover
all topics set forth in the curriculum. There is no required minimum
number of instruction hours for BTW (range and public road)
training, but the training instructor must cover all topics set
forth in the BTW curriculum. BTW training must be conducted in a CMV
for which a Class A CDL is required. The instructor must determine
and document that each driver-trainee has demonstrated proficiency
in all elements of the BTW curriculum, unless otherwise noted.
Consistent with the definitions of BTW range training and BTW public
road training in Sec.  380.605, a simulation device cannot be used
to conduct such training or to demonstrate proficiency. Training
instructors must document the total number of clock hours each
driver-trainee spends to complete the BTW curriculum. The Class A
curriculum must, at a minimum, include the following:

Theory Instruction

Section A1.1 Basic Operation

    This section must cover the interaction between driver-trainees
and the CMV. Driver-trainees will receive instruction in the Federal
Motor Carrier Safety Regulations (FMCSRs) and will be introduced to
the basic CMV instruments and controls. Training providers will
teach driver-trainees the basic operating characteristics of a CMV.
This section must also teach driver-trainees how to properly perform
vehicle inspections, control the motion of CMVs under various road
and traffic conditions, employ shifting and backing techniques, and
properly couple and uncouple combination vehicles. Driver-trainees
must familiarize themselves with the basic operating characteristics
of a CMV.

Unit A1.1.1 Orientation

    This unit must introduce driver-trainees to the combination
vehicle driver training curriculum and the components of a
combination vehicle. The training providers must teach the safety
fundamentals, essential regulatory requirements (e.g., overview of
FMCSRs and Hazardous Materials Regulations), and driver-trainees'
responsibilities not directly related to CMV driving, such as proper
cargo securement. This unit must also cover the ramifications,
including driver disqualification provisions and fines, for non-
compliance with parts 380, 382, 383, and 390 through 399 of the
FMCSRs. This unit must also include an overview of the applicability
of State and local laws relating to the safe operation of the CMV,
stopping at weigh stations/scales, hazard awareness of vehicle size
and weight limitations, low clearance areas (e.g., CMV height
restrictions), and bridge formulas.

Unit A1.1.2 Control Systems/Dashboard

    This unit must introduce driver-trainees to vehicle instruments,
controls, and safety components. The training providers must teach
driver-trainees to read gauges and instruments correctly and the
proper use of vehicle safety components, including safety belts and
mirrors. The training providers must teach driver-trainees to
identify, locate, and explain the function of each of the primary
and secondary controls including those required for steering,
accelerating, shifting, braking systems (e.g., ABS, hydraulic, air),
as applicable, and parking.

Unit A1.1.3 Pre- and Post-Trip Inspections

    This unit must teach the driver-trainees to conduct pre-trip and
post-trip inspections as specified in Sec. Sec.  392.7 and 396.11,
including appropriate inspection locations. Instruction must also be
provided on enroute vehicle inspections.

Unit A1.1.4 Basic Control

    This unit must introduce basic vehicular control and handling as
it applies to combination vehicles. This unit must include
instruction addressing basic combination vehicle controls in areas
such as executing sharp left and right turns, centering the vehicle,
maneuvering in restricted areas, and entering and exiting the
interstate or controlled access highway.

Unit A1.1.5 Shifting/Operating Transmissions

    This unit must introduce shifting patterns and procedures to
driver-trainees to prepare them to safely and competently perform
basic shifting maneuvers. This unit must include training driver-
trainees to execute up and down shifting techniques on multi-speed
dual range transmissions, if appropriate. The training providers
must teach the importance of increased vehicle control and improved
fuel economy achieved by utilizing proper shifting techniques.

Unit A1.1.6 Backing and Docking

    This unit must teach driver-trainees to back and dock the
combination vehicle safely. This unit must cover ``Get Out and
Look'' (GOAL), evaluation of backing/loading facilities, knowledge
of backing set ups, as well as instruction in how to back with the
use of spotters.

Unit A1.1.7 Coupling and Uncoupling

    This unit must provide instruction for driver-trainees to
develop the skills necessary to conduct the procedures for safe
coupling and uncoupling of combination vehicle units, as applicable.

Section A1.2 Safe Operating Procedures

    This section must teach the practices required for safe
operation of the combination vehicle on the highway under various
road, weather, and traffic conditions. The training providers must
teach driver-trainees the Federal rules governing the proper use of
seat belt assemblies (Sec.  392.16).

Unit A1.2.1 Visual Search

    This unit must teach driver-trainees to visually search the road
for potential hazards and critical objects, including instruction on
recognizing distracted pedestrians or distracted drivers.

Unit A1.2.2 Communication

    This unit must instruct driver-trainees on how to communicate
their intentions to other road users. Driver-trainees must be
instructed in techniques for different types of communication on the
road, including proper use of headlights, turn signals, four-way
flashers, and horns. This unit must cover instruction in proper
utilization of eye contact techniques with other drivers,
bicyclists, and pedestrians.

Unit A1.2.3 Distracted Driving

    This unit must instruct driver-trainees in FMCSRs related to
distracted driving and other key driver distraction driving issues,
including improper cell phone use, texting, and use of in-cab
technology (e.g., Sec. Sec.  392.80 and 392.82). This instruction
will include training in the following aspects: visual attention
(keeping eyes on the road); manual control (keeping hands on the
wheel); and cognitive awareness (keeping mind on the task and safe
operation of the CMV).

Unit A1.2.4 Speed Management

    This unit must teach driver-trainees how to manage speed
effectively in response to various road, weather, and traffic
conditions. The instruction must include methods for calibrating
safe following distances taking into account CMV braking distances
under an array of conditions including traffic, weather, and CMV
weight and length.

Unit A1.2.5 Space Management

    This unit must teach driver-trainees about the importance of
managing the space surrounding the vehicle under various traffic and
road conditions.

Unit A1.2.6 Night Operation

    This unit must instruct driver-trainees in the factors affecting
the safe operation of CMVs at night and in darkness. Additionally,
driver-trainees must be instructed in changes in vision,
communications, speed space management, and proper use of lights, as
needed, to deal with the special problems night driving presents.

Unit A1.2.7 Extreme Driving Conditions

    This unit must teach driver-trainees about the specific problems
presented by extreme driving conditions. The training provide will
emphasize the factors affecting the operation of CMVs in cold, hot,
and inclement weather and on steep grades and sharp curves. The
training provider must teach proper tire chaining procedures.

Section A1.3 Advanced Operating Practices

    This section must introduce higher-level skills that can be
acquired only after the more fundamental skills and knowledge taught
in the prior two sections have been mastered. The training providers
must teach driver-trainees about the advanced skills necessary to
recognize potential hazards and must teach the driver-trainees the
procedures needed to handle a CMV when faced with a hazard.

Unit A1.3.1 Hazard Perception

    The unit must teach driver-trainees to recognize potential
hazards in the driving environment in order to reduce the severity
of the hazard and neutralize possible emergency situations. The
training providers must teach driver-trainees to identify road
conditions and other road users that are a potential threat to the
safety of the combination vehicle and suggest appropriate
adjustments. The instruction must emphasize hazard recognition,
visual search, adequate surveillance, and response to possible
emergency-producing situations encountered by CMV drivers in various
traffic situations. The training providers must teach driver-
trainees to recognize potential dangers and the safety procedures
that must be utilized while driving in construction/work zones.

Unit A1.3.2 Skid Control/Recovery, Jackknifing, and Other Emergencies

    This unit must teach the causes of skidding and jackknifing and
techniques for avoiding and recovering from them. The training
providers must teach the importance of maintaining directional
control and bringing the CMV to a stop in the shortest possible
distance while operating over a slippery surface. This unit must
provide instruction in appropriate responses when faced with CMV
emergencies. This instruction must include evasive steering,
emergency braking, and off-road recovery, as well as the proper
response to brake failures, tire blowouts, hydroplaning, and
rollovers. The instruction must include a review of unsafe acts and
the role the acts play in producing or worsening hazardous
situations.

Unit A1.3.3 Railroad-Highway Grade Crossings

    This unit must teach driver-trainees to recognize potential
dangers and the appropriate safety procedures to utilize at railroad
(RR)-highway grade crossings. This instruction must include an
overview of various Federal/State RR grade crossing regulations, RR
grade crossing environments, obstructed view conditions, clearance
around the tracks, and rail signs and signals. The training
providers must instruct driver-trainees that railroads have
personnel available (``Emergency Notification Systems'') to receive
notification of any information relating to an unsafe condition at
the RR-highway grade crossing or a disabled vehicle or other
obstruction blocking a railroad track at the RR-highway grade
crossing.

Section A1.4 Vehicle Systems and Reporting Malfunctions

    This section must provide entry-level driver-trainees with
sufficient knowledge of the combination vehicle and its systems and
subsystems to ensure that they understand and respect their role in
vehicle inspection, operation, and maintenance and the impact of
those factors upon highway safety and operational efficiency.

Unit A1.4.1 Identification and Diagnosis of Malfunctions

    This unit must teach driver-trainees to identify major
combination vehicle systems. The goal is to explain their function
and how to check all key vehicle systems, (e.g., engine, engine
exhaust auxiliary systems, brakes, drive train, coupling systems,
and suspension) to ensure their safe operation. Driver-trainees must
be provided with a detailed description of each system, its
importance to safe and efficient operation, and what is needed to
keep the system in good operating condition.

Unit A1.4.2 Roadside Inspections

    This unit must instruct driver-trainees on what to expect during
a standard roadside inspection conducted by authorized personnel.
The training providers must teach driver-trainees on what vehicle
and driver violations are classified as out-of-service (OOS),
including the ramifications and penalties for operating a CMV when
subject to an OOS order as defined in section 390.5.

Unit A1.4.3 Maintenance

    This unit must introduce driver-trainees to the basic servicing
and checking procedures for various engine and vehicle components
and to help develop their ability to perform preventive maintenance
and simple emergency repairs.

Section A1.5 Non-Driving Activities

    This section must teach driver-trainees the activities that do
not involve actually operating the CMV.

Unit A1.5.1 Handling and Documenting Cargo

    This unit must teach the basic theory of cargo weight
distribution, cargo securement on the vehicle, cargo covering, and
techniques for safe and efficient loading/unloading. The training
providers must teach driver-trainees the basic cargo security/cargo
theft prevention procedures. The training provider must teach
driver-trainees the basic information regarding the proper handling
and documentation of HM cargo.

Unit A1.5.2 Environmental Compliance Issues

    This unit must teach driver-trainees to recognize environmental
hazards and issues related to the CMV and load, and also make the
driver-trainee aware that city, county, State, and Federal
requirements may apply to such circumstances.

Unit A1.5.3 Hours of Service Requirements

    This unit must teach driver-trainees to understand that there
are different hours-of-service (HOS) requirements applicable to
different industries. The training providers must teach driver-
trainees all applicable HOS regulatory requirements. The training
providers must teach driver-trainees to complete a Driver's Daily
Log (electronic and paper), timesheet, and logbook recap, as
appropriate. The training providers must teach driver-trainees the
consequences (safety, legal, and personal) of violating the HOS
regulations, including the fines and penalties imposed for these
types of violations.

Unit A1.5.4 Fatigue and Wellness Awareness

    This unit must teach driver-trainees about the issues and
consequences of chronic and acute driver fatigue and the importance
of staying alert. The training providers must teach driver-trainees
wellness and basic health maintenance information that affect a
driver's ability to safely operate a CMV.

Unit A1.5.5 Post-Crash Procedures

    This unit must teach driver-trainees appropriate post-crash
procedures, including the requirement that the driver, if possible,
assess his or her physical condition immediately after the crash and
notify authorities or assign the task to other individuals at the
crash scene. The training providers must teach driver-trainees how
to protect the area; obtain emergency medical assistance; move on-
road vehicles off the road in minor crashes so as to avoid
subsequent crashes or injuries; engage flashers; place reflective
triangles and other warning devices for stopped vehicles; and
properly use a fire extinguisher, if necessary. The training
providers must instruct driver-trainees in post-crash testing
requirements related to controlled substances and alcohol.

Unit A1.5.6 External Communications

    This unit must teach driver-trainees in the value of effective
interpersonal communication techniques/skills to interact

with enforcement officials. The training providers must teach
driver-trainees the specifics of the roadside vehicle inspection
process, and what to expect during this activity. Driver-trainees
who are not English speakers must be instructed in FMCSA English
language proficiency requirements. The training providers must teach
driver-trainees the impact that violating Federal and state
regulations has on their driving records and their employing motor
carrier's records.

Unit A1.5.7 Whistleblower/Coercion

    This unit must teach the driver-trainees about the right of an
employee to question the safety practices of an employer without
incurring the risk of losing a job or being subject to reprisals
simply for stating a safety concern. The training providers must
instruct driver-trainees in the whistleblower protection regulations
in 29 CFR part 1978. The training providers must teach the
procedures for reporting to FMCSA incidents of coercion from motor
carriers, shippers, receivers, or transportation intermediaries.

Unit A1.5.8 Trip Planning

    This unit must address the importance of and requirements for
planning routes and trips. This instruction must address planning
the safest route, planning for rest stops, heavy traffic areas,
railroad-highway grade crossing safe clearance and ground clearance
(i.e., ``high center''), the importance of Federal and State
requirements on the need for permits, and vehicle size and weight
limitations. The training providers must teach driver-trainees in
the correct identification of restricted routes, the pros and cons
of Global Positioning System (GPS)/trip routing software, and the
importance of selecting fuel-efficient routes.

Unit A1.5.9 Drugs/Alcohol

    This unit must teach driver-trainees the rules applicable to
controlled substances (including prescription drugs) and alcohol use
and testing related to the operation of a CMV.

Unit A1.5.10 Medical Requirements

    This unit must teach driver-trainees the Federal rules on
medical certification, medical examination procedures, general
qualifications, responsibilities, and disqualifications based on
various offenses, orders, and loss of driving privileges (49 CFR
part 391, subparts B and E).

Behind-the-Wheel--Range

    BTW range training must teach driving exercises related to basic
vehicle control skills and mastery of basic maneuvers, as covered in
Sec. Sec.  383.111 and 383.113 of this chapter, necessary to operate
the vehicle safely. The training providers will teach activities in
this unit on a driving range as defined in Sec.  380.605. The
training provider must teach ``Get Out and Look'' (GOAL) to the
driver-trainee as it applies to units A2.2-2.6.

Unit A2.1 Vehicle Inspection Pre-Trip/Enroute/Post-Trip

    Driver-trainees must demonstrate proficiency in conducting pre-
trip and post-trip inspections as specified in Sec. Sec.  392.7 and
396.11, including appropriate inspection locations. Instruction must
also be provided on enroute vehicle inspections.

Unit A2.2 Straight Line Backing

    Driver-trainees must demonstrate proficiency in proper
techniques for performing various straight line backing maneuvers to
appropriate criteria/acceptable tolerances.

Unit A2.3 Alley Dock Backing (45/90 Degree)

    Driver-trainees must demonstrate proficiency in proper
techniques for performing 45/90 degree alley dock maneuvers to
appropriate criteria/acceptable tolerances.

Unit A2.4 Off-Set Backing

    Driver-trainees must demonstrate proficiency in proper
techniques for performing off-set right and left backing maneuvers
to appropriate criteria/acceptable tolerances.

Unit A2.5 Parallel Parking Blind Side

    Driver-trainees must demonstrate proficiency in proper
techniques for performing parallel parking blind side positions/
maneuvers to appropriate criteria/acceptable tolerances.

Unit A2.6 Parallel Parking Sight Side

    Driver-trainees must demonstrate proficiency in proper
techniques for performing sight side parallel parking maneuvers to
appropriate criteria/acceptable tolerances.

Unit A2.7 Coupling and Uncoupling

    Driver-trainees must demonstrate proficiency in proper
techniques for coupling, inspecting, and uncoupling combination
vehicle units, as applicable.

Behind-the-Wheel--Public Road

    The instructor must engage in active two-way communication with
the driver-trainees during all active BTW public road training
sessions. Skills described in paragraphs A3.8 through 3.12 of this
section must be discussed during public road training, but not
necessarily performed. Driver-trainees are not required to
demonstrate proficiency in the skills described in paragraphs A3.8
through 3.12.

Unit A3.1 Vehicle Controls Including: Left Turn, Right Turns, Lane
Changes, Curves at Highway Speeds, and Entry and Exit on the
Interstate or Controlled Access Highway

    Driver-trainees must demonstrate proficiency in proper
techniques for initiating vehicle movement, executing left and right
turns, changing lanes, navigating curves at speed, entry and exit on
the interstate or controlled access highway, and stopping the
vehicle in a controlled manner.

Unit A3.2 Shifting/Transmission

    Driver-trainees must demonstrate proficiency in proper
techniques for performing safe and fuel-efficient shifting.

Unit A3.3 Communications/Signaling

    Driver-trainees must demonstrate proficiency in proper
techniques for signaling intentions and effectively communicating
with other drivers.

Unit A3.4 Visual Search

    Driver-trainees must demonstrate proficiency in proper
techniques for visually searching the road for potential hazards and
critical objects.

Unit A3.5 Speed and Space Management

    Driver-trainees must demonstrate proficiency in proper habits
and techniques for adjusting and maintaining vehicle speed, taking
into consideration various factors such as traffic and road
conditions. Driver-trainees must demonstrate proficiency in
maintaining proper speed to keep appropriate spacing between the
driver-trainee's CMV and other vehicles. Instruction must include
methods for calibrating safe following distances under an array of
conditions including traffic, weather, and CMV weight and length.

Unit A3.6 Safe Driver Behavior

    Driver-trainees must demonstrate proficiency in safe driver
behavior during their operation of the CMV.

Unit A3.7 Hours of Service (HOS) Requirements

    Driver-trainees must demonstrate proficiency in the basic
activities required by the HOS regulations, such as completing a
Driver's Daily Log (electronic and paper), timesheet, and logbook
recap, as appropriate.

Unit A3.8 Hazard Perception

    Driver-trainees must demonstrate their ability to recognize
potential hazards in the driving environment in time to reduce the
severity of the hazard and neutralize possible emergency situations.
Driver-trainees must demonstrate the ability to identify road
conditions and other road users that are a potential threat to the
safety of the combination vehicle and suggest appropriate
adjustments.

Unit A3.9 Railroad (RR)-Highway Grade Crossing

    Driver-trainees must demonstrate the ability to recognize
potential dangers and to demonstrate appropriate safety procedures
when RR-highway grade crossings are reasonably available.

Unit A3.10 Night Operation

    Driver-trainees must be familiar with how to operate a CMV
safely at night. Training providers must teach driver-trainees that
night driving presents specific circumstances that require
heightened attention on the part of the driver. Driver-trainees must
be taught special requirements for night vision, communications,
speed, space management, and proper use of lights.

Unit A3.11 Extreme Driving Conditions

    Driver-trainees must be familiar with the special risks created
by, and the heightened precautions required by, driving CMVs under
extreme driving conditions, such as heavy rain, high wind, high
heat, fog, snow, ice, steep grades, and sharp curves. Driver-
trainees must demonstrate their ability to recognize the changes in
basic driving habits needed to deal with the specific challenges

presented by these extreme driving conditions.

Unit A3.12 Skid Control/Recovery, Jackknifing, and Other
Emergencies

    Driver-trainees must know the causes of skidding and jackknifing
and techniques for avoiding and recovering from them. Driver-
trainees must know how to maintain directional control and bring the
CMV to a stop in the shortest possible distance while operating over
a slippery surface. Driver-trainees must be familiar with proper
techniques for responding to CMV emergencies, such as evasive
steering, emergency braking, and off-road recovery. They must also
know how to prevent or respond to brake failures, tire blowouts,
hydroplaning, and rollovers.

Appendix B to Part 380--Class B--CDL Training Curriculum

    Class B CDL applicants must complete the Class B CDL curriculum
outlined in this Appendix. The curriculum for Class B applicants
pertains to heavy straight vehicles (Group B) as defined in 49 CFR
383.91(a)(2). There is no required minimum number of instruction
hours for theory training, but the training instructor must cover
all the topics in curriculum. There is no required minimum number of
instruction hours required for BTW (range and public road) training,
but the training instructor must cover all topics set forth in the
BTW curriculum. BTW training must be conducted in a CMV for which a
Class B CDL is required. The instructor must determine and document
that each driver-trainee has demonstrated proficiency in all
elements of the BTW curriculum unless otherwise noted. Consistent
with the definitions of BTW range training and BTW public road
training in Sec.  380.605, a simulation device cannot be used to
conduct such training or to demonstrate proficiency. Training
instructors must document the total number of clock hours each
driver-trainee spends to complete the BTW curriculum. The Class B
curriculum must, at a minimum, include the following:

Theory Instruction

Section B1.1 Basic Operation

    This section must cover the interaction between driver-trainees
and the CMV. Driver-trainees will receive instruction in the Federal
Motor Carrier Safety Regulations (FMCSRs) and will be introduced to
the basic CMV instruments and controls. This section must also teach
driver-trainees how to perform vehicle inspections, control the CMVs
under various road and traffic conditions, employ shifting and
backing techniques, and couple and uncouple, as applicable. Driver-
trainees must familiarize themselves with the basic operating
characteristics of a CMV.

Unit B1.1.1 Orientation

    This unit must introduce driver-trainees to the commercial motor
vehicle driver training curriculum and the components of a
commercial motor vehicle. The training providers must teach driver-
trainees the safety fundamentals, essential regulatory requirements
(i.e., overview of FMCSRs/hazardous materials (HM) regulations), and
driver-trainees' responsibilities not directly related to driving.
This unit must also cover the ramifications and driver
disqualification provisions and fines for non-compliance with parts
380, 382, 383, and 390 through 399 of the FMCSRs. This unit must
also include an overview of the applicability of State and local
laws relating to the safe operation of the CMV, stopping at weigh
stations/scales, hazard awareness of vehicle size and weight
limitations, low clearance areas (e.g., CMV height restrictions),
and bridge formulas.

Unit B1.1.2 Control Systems/Dashboard

    This unit must introduce driver-trainees to vehicle instruments,
controls, and safety components. The training providers must teach
driver-trainees to read gauges and instruments correctly and the
proper use of vehicle safety components, including safety belts and
mirrors. The training providers must teach driver-trainees to
identify, locate, and explain the function of each of the primary
and secondary controls including those required for steering,
accelerating, shifting, braking systems (e.g., ABS, hydraulic, air),
as applicable, and parking.

Unit 1.3 Pre- and Post-Trip Inspections

    The training provider must teach the driver-trainees to conduct
pre-trip and post-trip inspections as specified in Sec. Sec.  392.7
and 396.11, including appropriate inspection locations. Instruction
must also be provided on enroute vehicle inspections.

Unit B1.1.4 Basic Control

    This unit must introduce basic vehicular control and handling as
it applies to commercial motor vehicles. This unit must include
instruction addressing basic CMV controls in areas such as executing
sharp left and right turns, centering the vehicle, maneuvering in
restricted areas, and entering and exiting the interstate or
controlled access highway.

Unit B1.1.5 Shifting/Operating Transmissions

    This unit must introduce shifting patterns and procedures to
driver-trainees to prepare them to safely and competently perform
basic shifting maneuvers. This unit must teach driver-trainees to
execute up and down shifting techniques on multi-speed dual range
transmissions, if appropriate. The training providers must teach
driver-trainees the importance of increased fuel economy achieved by
utilizing proper shifting techniques.

Unit B1.1.6 Backing and Docking

    This unit must teach driver-trainees to back and dock the
combination vehicle safely. This unit must cover ``Get Out and
Look'' (GOAL), evaluation of backing/loading facilities, knowledge
of backing set ups, as well as instruction in how to back with use
of spotters.

Section B1.2 Safe Operating Procedures

    This section must teach the practices required for safe
operation of the CMV on the highway under various road, weather, and
traffic conditions. The training providers must teach driver-
trainees the Federal rules governing the proper use of seat belt
assemblies (Sec.  392.16).

Unit B1.2.1 Visual Search

    This unit must teach driver-trainees to visually search the road
for potential hazards and critical objects, including instruction on
recognizing distracted pedestrians or distracted drivers. This unit
must include instruction in how to ensure a driver-trainee's
personal security/general awareness in common surroundings such as
truck stops and/or rest areas and at shipper/receiver locations.

Unit B1.2.2 Communication

    This unit must teach driver-trainees how to communicate their
intentions to other road users. Driver-trainees must be instructed
in techniques for different types of communication on the road,
including proper use of headlights, turn signals, four-way flashers,
and horns. This unit must cover instruction in proper utilization of
eye contact techniques with other drivers, bicyclists, and
pedestrians.

Unit B1.2.3 Distracted Driving

    This unit must instruct driver-trainees in FMCSRs related to
distracted driving and other key driver distraction driving issues,
including improper cell phone use, texting, and use of in-cab
technology (e.g., Sec. Sec.  392.80 and 392.82). This instruction
will include training in the following aspects: Visual attention
(keeping eyes on the road); manual control (keeping hands on the
wheel); and cognitive awareness (keeping mind on the task and safe
operation of the CMV).

Unit B1.2.4 Speed Management

    This unit must teach driver-trainees how to manage speed
effectively in response to various road, weather, and traffic
conditions. The instruction must include methods for calibrating
safe following distances under an array of conditions including
traffic, weather and CMV weight and length.

Unit B1.2.5 Space Management

    This unit must teach driver-trainees about the importance of
managing the space surrounding the vehicle under various traffic and
road conditions.

Unit B1.2.6 Night Operation

    This unit must instruct driver-trainees in the factors affecting
the safe operation of CMVs at night and in darkness. Additionally,
driver-trainees must be instructed in changes in vision,
communications, speed, space management, and proper use of lights,
as needed, to deal with the special problems night driving presents.

Unit B1.2.7 Extreme Driving Conditions

    This unit must teach driver-trainees the specific problems
presented by extreme driving conditions. The training will emphasize
the factors affecting the operation of CMVs in cold, hot, and
inclement weather and on steep grades and sharp curves. The training
providers must teach driver-trainees the proper tire chaining
procedures in this unit.

Section B1.3 Advanced Operating Practices

    This section must introduce higher-level skills that can be
acquired only after the more fundamental skills and knowledge taught
in the prior two sections have been mastered.

The training providers must teach driver-trainees the advanced
skills necessary to recognize potential hazards and must teach
driver-trainees the procedures needed to handle a CMV when faced
with a hazard.

Unit B1.3.1 Hazard Perception

    The unit must provide instruction for recognizing potential
hazards in the driving environment in order to reduce the severity
of the hazard and neutralize possible emergency situations. The
training providers must teach driver-trainees to identify road
conditions and other road users that are a potential threat to the
safety of the CMV and suggest appropriate adjustments. The
instruction must emphasize hazard recognition, visual search,
adequate surveillance, and response to possible emergency-producing
situations encountered by CMV drivers in various traffic situations.
The training providers must also teach driver-trainees to recognize
potential dangers and the safety procedures that must be utilized
while driving in construction/work zones.

Unit B1.3.2 Skid Control/Recovery, Jackknifing, and Other Emergencies

    This unit must teach the causes of skidding and jackknifing and
techniques for avoiding and recovering from them. The training
providers must teach the importance of maintaining directional
control and bringing the CMV to a stop in the shortest possible
distance while operating over a slippery surface. This unit must
provide instruction in appropriate responses when faced with CMV
emergencies. This instruction must include evasive steering,
emergency braking, and off-road recovery, as well as the proper
response to brake failures, tire blowouts, hydroplaning, and
rollovers. The instruction must include a review of unsafe acts and
the role the acts play in producing or worsening hazardous
situations.

Unit B1.3.3 Railroad-Highway Grade Crossings

    This unit must teach driver-trainees to recognize potential
dangers and appropriate safety procedures to utilize at railroad
(RR)-highway grade crossings. This instruction must include an
overview of various Federal/State RR grade crossing regulations, RR
grade crossing environments, obstructed view conditions, clearance
around the tracks, and rail signs and signals. The training
providers must instruct driver-trainees that railroads have
personnel available (``Emergency Notification Systems'') to receive
notification of any information relating to an unsafe condition at
the RR-highway grade crossing or a disabled vehicle or other
obstruction blocking a railroad track at the RR-highway grade
crossing.

Section B1.4 Vehicle Systems and Reporting Malfunctions

    This unit must provide entry-level driver-trainees with
sufficient knowledge of the CMV and its systems and subsystems to
ensure that they understand and respect their role in vehicle
inspection, operation, and maintenance and the impact of those
factors upon highway safety and operational efficiency.

Unit B1.4.1 Identification and Diagnosis of Malfunctions

    This unit must teach driver-trainees to identify major vehicle
systems. The goal is to explain their function and how to check all
key vehicle systems, as appropriate (e.g., engine, engine exhaust
auxiliary systems, brakes, drive train, coupling systems, and
suspension) to ensure their safe operation. Driver-trainees must be
provided with a detailed description of each system, its importance
to safe and efficient operation, and what is needed to keep the
system in good operating condition.

Unit B1.4.2 Roadside Inspections

    This unit must instruct driver-trainees on what to expect during
a standard roadside inspection conducted by authorized personnel.
The training providers must teach driver-trainees on what vehicle
and driver violations are classified as out-of-service (OOS),
including the ramifications and penalties for operating a CMV when
subject to an OOS order as defined in section 390.5.

Unit B1.4.3 Maintenance

    This unit must introduce driver-trainees to the basic servicing
and checking procedures for various engine and vehicle components
and to help develop their ability to perform preventive maintenance
and simple emergency repairs.

Section B1.5 Non-Driving Activities

    This section must teach driver-trainees activities that do not
involve actually operating the CMV, e.g., proper cargo securement.

Unit B1.5.1 Handling and Documenting Cargo

    This unit must teach driver-trainees the basic theory of cargo
weight distribution, cargo securement on the vehicle, cargo