(7) Visual search. The importance of proper visual search, and
proper visual search methods, including:
    (i) Seeing ahead and to the sides;
    (ii) Use of mirrors; and
    (iii) Seeing to the rear.
    (8) Communication. The principles and procedures for proper
communications and the hazards of failure to signal properly,
including:
    (i) Signaling intent, e.g., signaling when changing direction in
traffic;
    (ii) Communicating presence, e.g., using horn or lights to signal
presence; and
    (iii) Misuse of communications.
    (9) Speed management. The importance of understanding the effects
of speed, including:
    (i) Speed and stopping distance;
    (ii) Speed and surface conditions;
    (iii) Speed and the shape of the road;
    (iv) Speed and visibility; and
    (v) Speed and traffic flow.
    (10) Space management. The procedures and techniques for
controlling the space around the vehicle, including:
    (i) The importance of space management;
    (ii) Space cushions, e.g., controlling space ahead/to the rear;
    (iii) Space to the sides; and
    (iv) Space for traffic gaps.
    (11) Night operation. Preparations and procedures for night
driving, including:
    (i) Night driving factors, e.g., driver factors (vision, glare,
fatigue, inexperience);
    (ii) Roadway factors (low illumination, variation in illumination,
unfamiliarity with roads, other road users, especially drivers
exhibiting erratic or improper driving); and
    (iii) Vehicle factors (headlights, auxiliary lights, turn signals,
windshields and mirrors).
    (12) Extreme driving conditions. The basic information on operating
in

extreme driving conditions and the hazards encountered in such
conditions, including:
    (i) Bad weather, e.g., snow, ice, sleet, high wind;
    (ii) Hot weather; and
    (iii) Mountain driving.
    (13) Hazard perceptions. The basic information on hazard perception
and clues for recognition of hazards, including:
    (i) Road characteristics; and
    (ii) Road user activities.
    (14) Emergency maneuvers. The basic information concerning when and
how to make emergency maneuvers, including:
    (i) Evasive steering;
    (ii) Emergency stop;
    (iii) Off road recovery;
    (iv) Brake failure; and
    (v) Blowouts.
    (15) Skid control and recovery. The information on the causes and
major types of skids, as well as the procedures for recovering from
skids.
    (16) Relationship of cargo to vehicle control. The principles and
procedures for the proper handling of cargo, including:
    (i) Consequences of improperly secured cargo, drivers'
responsibilities, and Federal/State and local regulations;
    (ii) Principles of weight distribution; and
    (iii) Principles and methods of cargo securement.
    (17) Vehicle inspections. The objectives and proper procedures for
performing vehicle safety inspections, as follows:
    (i) The importance of periodic inspection and repair to vehicle
safety.
    (ii) The effect of undiscovered malfunctions upon safety.
    (iii) What safety-related parts to look for when inspecting
vehicles, e.g., fluid leaks, interference with visibility, bad tires,
wheel and rim defects, braking system defects, steering system defects,
suspension system defects, exhaust system defects, coupling system
defects, and cargo problems.
    (iv) Pre-trip/enroute/post-trip inspection procedures.
    (v) Reporting findings.
    (18) Hazardous materials. Knowledge of the following:
    (i) What constitutes hazardous material requiring an endorsement to
transport;
    (ii) Classes of hazardous materials;
    (iii) Labeling/placarding requirements; and
    (iv) Need for specialized training as a prerequisite to receiving
the endorsement and transporting hazardous cargoes.
    (19) Mountain driving. Practices that are important when driving
upgrade and downgrade, including:
    (i) Selecting a safe speed;
    (ii) Selecting the right gear; and
    (iii) Proper braking techniques.
    (20) Fatigue and awareness. Practices that are important to staying
alert and safe while driving, including;
    (i) Being prepared to drive;
    (ii) What to do when driving to avoid fatigue;
    (iii) What to do when sleepy while driving; and
    (iv) What to do when becoming ill while driving.
    (b) Air brakes. All CMV drivers operating vehicles equipped with
air brakes must have knowledge of the following 7 areas:
    (1) General air brake system nomenclature;
    (2) The dangers of contaminated air supply (dirt, moisture, and
oil);
    (3) Implications of severed or disconnected air lines between the
power unit and the trailer(s);
    (4) Implications of low air pressure readings;
    (5) Procedures to conduct safe and accurate pre-trip inspections,
including knowledge about:
    (i) Automatic fail-safe devices;
    (ii) System monitoring devices; and
    (iii) Low pressure warning alarms.
    (6) Procedures for conducting en route and post-trip inspections of
air-actuated brake systems, including:
    (i) Ability to detect defects that may cause the system to fail;
    (ii) Tests that indicate the amount of air loss from the braking
system within a specified period, with and without the engine running;
and
    (iii) Tests that indicate the pressure levels at which the low air
pressure warning devices and the tractor protection valve should
activate.
    (7) General operating practices and procedures, including:
    (i) Proper braking techniques;
    (ii) Antilock brakes;
    (iii) Emergency stops; and
    (iv) Parking brake.
    (c) Combination vehicles. All CMV drivers operating combination
vehicles must have knowledge of the following 3 areas:
    (1) Coupling and uncoupling--The procedures for proper coupling and
uncoupling a tractor to a semi-trailer;
    (2) Vehicle inspection--The objectives and proper procedures that
are unique for performing vehicle safety inspections on combination
vehicles; and
    (3) General operating practices and procedures, including:
    (i) Safely operating combination vehicles; and
    (ii) Air brakes.

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17. Revise Sec.  383.113 to read as follows:

Sec.  383.113  Required skills.

    (a) Pre-trip vehicle inspection skills. Applicants for a CDL must
possess the following basic pre-trip vehicle inspection skills for the
vehicle class that the driver operates or expects to operate:
    (1) All test vehicles. Applicants must be able to identify each
safety-related part on the vehicle and explain what needs to be
inspected to ensure a safe operating condition of each part, including:
    (i) Engine compartment;
    (ii) Cab/engine start;
    (iii) Steering;
    (iv) Suspension;
    (v) Brakes;
    (vi) Wheels;
    (vii) Side of vehicle;
    (viii) Rear of vehicle; and
    (ix) Special features of tractor trailer, school bus, or coach/
transit bus, if this type of vehicle is being used for the test.
    (2) Air brake equipped test vehicles. Applicants must demonstrate
the following skills with respect to inspection and operation of air
brakes:
    (i) Locate and verbally identify air brake operating controls and
monitoring devices;
    (ii) Determine the motor vehicle's brake system condition for
proper adjustments and that air system connections between motor
vehicles have been properly made and secured;
    (iii) Inspect the low pressure warning device(s) to ensure that
they will activate in emergency situations;
    (iv) With the engine running, make sure that the system maintains
an adequate supply of compressed air;
    (v) Determine that required minimum air pressure build up time is
within acceptable limits and that required alarms and emergency devices
automatically deactivate at the proper pressure level; and
    (vi) Operationally check the brake system for proper performance.
    (b) Basic vehicle control skills. All applicants for a CDL must
possess and demonstrate the following basic motor vehicle control
skills for the vehicle class that the driver operates or expects to
operate:
    (1) Ability to start, warm up, and shut down the engine;
    (2) Ability to put the motor vehicle in motion and accelerate
smoothly, forward and backward;
    (3) Ability to bring the motor vehicle to a smooth stop;
    (4) Ability to back the motor vehicle in a straight line, and check
path and clearance while backing;

    (5) Ability to position the motor vehicle to negotiate safely and
then make left and right turns;
    (6) Ability to shift as required and select appropriate gear for
speed and highway conditions; and
    (7) Ability to back along a curved path.
    (c) Safe on-road driving skills. All applicants for a CDL must
possess and demonstrate the following safe on-road driving skills for
their vehicle class:
    (1) Ability to use proper visual search methods;
    (2) Ability to signal appropriately when changing direction in
traffic;
    (3) Ability to adjust speed to the configuration and condition of
the roadway, weather and visibility conditions, traffic conditions, and
motor vehicle, cargo and driver conditions;
    (4) Ability to choose a safe gap for changing lanes, passing other
vehicles, as well as for crossing or entering traffic;
    (5) Ability to position the motor vehicle correctly before and
during a turn to prevent other vehicles from passing on the wrong side,
as well as to prevent problems caused by off-tracking;
    (6) Ability to maintain a safe following distance depending on the
condition of the road, visibility, and vehicle weight;
    (7) Ability to adjust operation of the motor vehicle to prevailing
weather conditions including speed selection, braking, direction
changes, and following distance to maintain control; and
    (8) Ability to observe the road and the behavior of other motor
vehicles, particularly before changing speed and direction.
    (d) Test area. Skills tests shall be conducted in on-street
conditions or under a combination of on-street and off-street
conditions.
    (e) Simulation technology. A State may utilize simulators to
perform skills testing, but under no circumstances as a substitute for
the required testing in on-street conditions.

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18. Revise Sec.  383.115 to read as follows:

Sec.  383.115  Requirements for double/triple trailers endorsement.

    In order to obtain a double/triple trailers endorsement each
applicant must have knowledge covering:
    (a) Procedures for assembly and hookup of the units;
    (b) Proper placement of heaviest trailer;
    (c) Handling and stability characteristics including off-tracking,
response to steering, sensory feedback, braking, oscillatory sway,
rollover in steady turns, and yaw stability in steady turns;
    (d) Potential problems in traffic operations, including problems
the motor vehicle creates for other motorists due to slower speeds on
steep grades, longer passing times, possibility for blocking entry of
other motor vehicles on freeways, splash and spray impacts, aerodynamic
buffeting, view blockages, and lateral placement; and
    (e) Operating practices and procedures not otherwise specified.

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19. Revise Sec.  383.117 to read as follows:

Sec.  383.117  Requirements for passenger endorsement.

    An applicant for the passenger endorsement must satisfy both of the
following additional knowledge and skills test requirements.
    (a) Knowledge test. All applicants for the passenger endorsement
must have knowledge covering the following topics:
    (1) Proper procedures for loading/unloading passengers;
    (2) Proper use of emergency exits, including push-out windows;
    (3) Proper responses to such emergency situations as fires and
unruly passengers;
    (4) Proper procedures at railroad-highway grade crossings and
drawbridges;
    (5) Proper braking procedures; and
    (6) Operating practices and procedures not otherwise specified.
    (b) Skills test. To obtain a passenger endorsement applicable to a
specific vehicle class, an applicant must take his/her skills test in a
passenger vehicle satisfying the requirements of that vehicle group as
defined in Sec.  383.91.

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20. Revise Sec.  383.119 to read as follows:

Sec.  383.119  Requirements for tank vehicle endorsement.

    In order to obtain a tank vehicle endorsement, each applicant must
have knowledge covering the following:
    (a) Causes, prevention, and effects of cargo surge on motor vehicle
handling;
    (b) Proper braking procedures for the motor vehicle when it is
empty, full, and partially full;
    (c) Differences in handling of baffled/compartmented tank interiors
versus non-baffled motor vehicles;
    (d) Differences in tank vehicle type and construction;
    (e) Differences in cargo surge for liquids of varying product
densities;
    (f) Effects of road grade and curvature on motor vehicle handling
with filled, half-filled, and empty tanks;
    (g) Proper use of emergency systems;
    (h) For drivers of DOT specification tank vehicles, retest and
marking requirements; and
    (i) Operating practices and procedures not otherwise specified.

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21. Revise Sec.  383.121 to read as follows:

Sec.  383.121  Requirements for hazardous materials endorsement.

    In order to obtain a hazardous materials endorsement, each
applicant must have such knowledge as is required of a driver of a
hazardous materials laden vehicle, from information contained in 49 CFR
parts 171, 172, 173, 177, 178, and 397, on the following:
    (a) Hazardous materials regulations including:
    (1) Hazardous materials table;
    (2) Shipping paper requirements;
    (3) Marking;
    (4) Labeling;
    (5) Placarding requirements;
    (6) Hazardous materials packaging;
    (7) Hazardous materials definitions and preparation;
    (8) Other regulated material (e.g., ORM-D);
    (9) Reporting hazardous materials accidents; and
    (10) Tunnels and railroad crossings.
    (b) Hazardous materials handling including:
    (1) Forbidden materials and packages;
    (2) Loading and unloading materials;
    (3) Cargo segregation;
    (4) Passenger carrying buses and hazardous materials;
    (5) Attendance of motor vehicles;
    (6) Parking;
    (7) Routes;
    (8) Cargo tanks; and
    (9) ``Safe havens.''
    (c) Operation of emergency equipment including:
    (1) Use of equipment to protect the public;
    (2) Special precautions for equipment to be used in fires;
    (3) Special precautions for use of emergency equipment when loading
or unloading a hazardous materials laden motor vehicle; and
    (4) Use of emergency equipment for tank vehicles.
    (d) Emergency response procedures including:
    (1) Special care and precautions for different types of accidents;
    (2) Special precautions for driving near a fire and carrying
hazardous materials, and smoking and carrying hazardous materials;
    (3) Emergency procedures; and
    (4) Existence of special requirements for transporting Class 1.1
and 1.2 explosives.

    (e) Operating practices and procedures not otherwise specified.

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22. Revise Sec.  383.123 to read as follows:

Sec.  383.123  Requirements for a school bus endorsement.

    (a) An applicant for the school bus endorsement must satisfy the
following three requirements:
    (1) Qualify for passenger vehicle endorsement. Pass the knowledge
and skills test for obtaining a passenger vehicle endorsement.
    (2) Knowledge test. Must have knowledge covering the following
topics:
    (i) Loading and unloading children, including the safe operation of
stop signal devices, external mirror systems, flashing lights, and
other warning and passenger safety devices required for school buses by
State or Federal law or regulation.
    (ii) Emergency exits and procedures for safely evacuating
passengers in an emergency.
    (iii) State and Federal laws and regulations related to safely
traversing railroad-highway grade crossings; and
    (iv) Operating practices and procedures not otherwise specified.
    (3) Skills test. Must take a driving skills test in a school bus of
the same vehicle group (see Sec.  383.91(a)) as the school bus
applicant will drive.
    (b) Exception. Knowledge and skills tests administered before
September 30, 2002 and approved by FMCSA as meeting the requirements of
this section, meet the requirements of paragraphs (a)(2) and (3) of
this section.

Appendix to Subpart G of Part 383 [Removed]

0
23. Remove the appendix to subpart G.

0
24. Revise Sec.  383.131 to read as follows:

Sec.  383.131  Test manuals.

    (a) Driver information manual. (1) A State must provide an FMCSA
pre-approved driver information manual to a CLP or CDL applicant. The
manual must be comparable to the American Association of Motor Vehicle
Administrators' (AAMVA's) ``2005 CDL Test System (July 2010 Version)
Model Commercial Driver Manual'', which FMCSA has approved and provides
to all State Driver Licensing Agencies. The driver information manual
must include:
    (i) Information on how to obtain a CDL and endorsements;
    (ii) Information on the requirements described in Sec.  383.71, the
implied consent to alcohol testing described in Sec.  383.72, the
procedures and penalties contained in Sec.  383.51(b) to which a CLP or
CDL holder is exposed for refusal to comply with such alcohol testing,
State procedures described in Sec.  383.73, and other appropriate
driver information contained in subpart E of this part;
    (iii) Information on vehicle groups and endorsements as specified
in subpart F of this part;
    (iv) The substance of the knowledge and skills that drivers must
have, as outlined in subpart G of this part for the different vehicle
groups and endorsements; and
    (v) Details of testing procedures, including the purpose of the
tests, how to respond, and directions for taking the tests.
    (2) A State may include any additional State-specific information
related to the CDL testing and licensing process.
    (b) Examiner information manual. (1) A State must provide an FMCSA
pre-approved examiner information manual that conforms to model
requirements in paragraphs (b)(1)(i-xi) of this section to all
knowledge and skills test examiners. To be pre-approved by FMCSA, the
examiner information manual must be comparable to AAMVA's ``2005 CDL
Test System (July 2010 Version) Model CDL Examiner's Manual,'' which
FMCSA has approved and provides to all State Driver Licensing Agencies.
The examiner information manual must include:
    (i) Information on driver application procedures contained in Sec.
383.71, State procedures described in Sec.  383.73, and other
appropriate driver information contained in subpart E of this part;
    (ii) Details on information that must be given to the applicant;
    (iii) Details on how to conduct the knowledge and skills tests;
    (iv) Scoring procedures and minimum passing scores for the
knowledge and skills tests;
    (v) Information for selecting driving test routes for the skills
tests;
    (vi) List of the skills to be tested;
    (vii) Instructions on where and how the skills will be tested;
    (viii) How performance of the skills will be scored;
    (ix) Causes for automatic failure of skills tests;
    (x) Standardized scoring sheets for the skills tests; and
    (xi) Standardized driving instructions for the applicants.
    (2) A State may include any additional State-specific information
related to the CDL testing process.

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25. Revise Sec.  383.133 to read as follows:

Sec.  383.133  Test methods.

    (a) All tests must be constructed in such a way as to determine if
the applicant possesses the required knowledge and skills contained in
subpart G of this part for the type of motor vehicle or endorsement the
applicant wishes to obtain.
    (b) Knowledge tests:
    (1) States must use the FMCSA pre-approved pool of test questions
to develop knowledge tests for each vehicle group and endorsement. The
pool of questions must be comparable to those in AAMVA's ``2005 CDL
Test System (July 2010 Version) 2005 Test Item Summary Forms,'' which
FMCSA has approved and provides to all State Driver Licensing Agencies.
    (2) The State method of generating knowledge tests must conform to
the requirements in paragraphs (b)(2)(i) through (iv) of this section
and be pre-approved by FMCSA. The State method of generating knowledge
tests must be comparable to the requirements outlined in AAMVA's ``2005
CDL Test System (July 2010 Version) 2005 Requirements Document For Use
In Developing Computer-Generated Multiple-Choice CDL Knowledge Tests'',
which FMCSA has approved and provides to all State Driver Licensing
Agencies to develop knowledge tests for each vehicle group and
endorsement. These requirements include:
    (i) The total difficulty level of the questions used in each
version of a test must fall within a set range;
    (ii) Twenty-five percent of the questions on a test must be new
questions that were not contained in the previous version of the test;
    (iii) Identical questions from the previous version of the test
must be in a different location on the test and the three possible
responses to the questions must be in a different order; and
    (iv) Each test must contain a set number of questions with a
prescribed number of questions from each of the knowledge areas.
    (3) Each knowledge test must be valid and reliable so as to ensure
that driver applicants possess the knowledge required under Sec.
383.111. The knowledge tests may be administered in written form,
verbally, or in automated format and can be administered in a foreign
language, provided no interpreter is used in administering the test.
    (4) A State must use a different version of the test when an
applicant retakes a previously failed test.
    (c) Skills tests:
    (1) A State must develop, administer and score the skills tests
based solely on

the information and standards contained in the driver and examiner
manuals referred to in Sec.  383.131(a) and (b).
    (2) A State must use the standardized scores and instructions for
administering the tests contained in the examiner manual referred to in
Sec.  383.131(b).
    (3) An applicant must complete the skills tests in a representative
vehicle to ensure that the applicant possess the skills required under
Sec.  383.113. In determining whether the vehicle is a representative
vehicle for the skills test and the group of CDL for which the
applicant is applying, the vehicle's gross vehicle weight rating or
gross combination weight rating must be used, not the vehicle's actual
gross vehicle weight or gross combination weight.
    (4) Skills tests must be conducted in on-street conditions or under
a combination of on-street and off-street conditions.
    (5) Interpreters are prohibited during the administration of skills
tests. Applicants must be able to understand and respond to verbal
commands and instructions in English by a skills test examiner. Neither
the applicant nor the examiner may communicate in a language other than
English during the skills test.
    (6) The skills test must be administered and successfully completed
in the following order: Pre-trip inspection, basic vehicle control
skills, on-road skills. If an applicant fails one segment of the skills
test:
    (i) The applicant cannot continue to the next segment of the test;
and
    (ii) Scores for the passed segments of the test are only valid
during initial issuance of the CLP. If the CLP is renewed, all three
segments of the skills test must be retaken.
    (d) Passing scores for the knowledge and skills tests must meet the
standards contained in Sec.  383.135.

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26. Revise Sec.  383.135 to read as follows:

Sec.  383.135  Passing knowledge and skills tests.

    (a) Knowledge tests. (1) To achieve a passing score on each of the
knowledge tests, a driver applicant must correctly answer at least 80
percent of the questions.
    (2) If a driver applicant who fails the air brake portion of the
knowledge test (scores less than 80 percent correct) is issued a CLP or
CDL, an air brake restriction must be indicated on the CLP or CDL as
required in Sec.  383.95(a).
    (3) A driver applicant who fails the combination vehicle portion of
the knowledge test (scores less than 80 percent correct) must not be
issued a Group A CLP or CDL.
    (b) Skills Tests. (1) To achieve a passing score on each segment of
the skills test, the driver applicant must demonstrate that he/she can
successfully perform all of the skills listed in Sec.  383.113 and
attain the scores listed in Appendix A of the examiner manual referred
to in Sec.  383.131(b) for the type of vehicle being used in the test.
    (2) A driver applicant who does not obey traffic laws, causes an
accident during the test, or commits any other offense listed as a
reason for automatic failure in the standards contained in the driver
and examiner manuals referred to in Sec. Sec.  383.131(a) and (b), must
automatically fail the test.
    (3) If a driver applicant who performs the skills test in a vehicle
not equipped with any type of air brake system is issued a CDL, an air
brake restriction must be indicated on the license as required in Sec.
383.95(a).
    (4) If a driver applicant who performs the skills test in a vehicle
equipped with air over hydraulic brakes is issued a CDL, a full air
brake restriction must be indicated on the license as required in Sec.
383.95(b).
    (5) If a driver applicant who performs the skills test in a vehicle
equipped with an automatic transmission is issued a CDL, a manual
transmission restriction must be indicated on the license as required
in Sec.  383.95(c).
    (6) If a driver applicant who performs the skills test in a
combination vehicle requiring a Group A CDL equipped with any non-fifth
wheel connection is issued a CDL, a tractor-trailer restriction must be
indicated on the license as required in Sec.  383.95(d).
    (7) If a driver applicant wants to remove any of the restrictions
in paragraphs (b)(3) through (5) of this section, the applicant does
not have to retake the complete skills test. The State may administer a
modified skills test that demonstrates that the applicant can safely
and effectively operate the vehicle's full air brakes, air over
hydraulic brakes, and/or manual transmission. In addition, to remove
the air brake or full air brake restriction, the applicant must
successfully perform the air brake pre-trip inspection and pass the air
brake knowledge test.
    (8) If a driver applicant wants to remove the tractor-trailer
restriction in paragraph (b)(6) of this section, the applicant must
retake all three skills tests in a representative tractor-trailer.
    (c) State recordkeeping. States must record and retain the
knowledge and skills test scores of tests taken by driver applicants.
The test scores must either be made part of the driver history record
or be linked to the driver history record in a separate file.

0
27. Revise the heading for subpart J to read as follows:

Subpart J--Commercial Learner's Permit and Commercial Driver's
License Documents

* * * * *

0
28. Revise Sec.  383.151 to read as follows:

Sec.  383.151  General.

    (a) The CDL must be a document that is easy to recognize as a CDL.
    (b) The CLP must be a separate document from the CDL or non-CDL.
    (c) At a minimum, the CDL and the CLP must contain the information
specified in Sec.  383.153.

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29. Revise Sec.  383.153 to read as follows:

Sec.  383.153  Information on the CLP and CDL documents and
applications.

    (a) Commercial Driver's License. All CDLs must contain all of the
following information:
    (1) The prominent statement that the license is a ``Commercial
Driver's License'' or ``CDL,'' except as specified in paragraph (c) of
this section.
    (2) The full name, signature, and mailing or residential address in
the licensing State of the person to whom such license is issued.
    (3) Physical and other information to identify and describe such
person including date of birth (month, day, and year), sex, and height.
    (4) Color photograph, digitized color image, or black and white
laser engraved photograph of the driver. The State may issue a
temporary CDL without a photo or image, if it is valid for no more than
60 days.
    (5) The driver's State license number.
    (6) The name of the State which issued the license.
    (7) The date of issuance and the date of expiration of the license.
    (8) The group or groups of commercial motor vehicle(s) that the
driver is authorized to operate, indicated as follows:
    (i) A for Combination Vehicle;
    (ii) B for Heavy Straight Vehicle; and
    (iii) C for Small Vehicle.
    (9) The endorsement(s) for which the driver has qualified, if any,
indicated as follows:
    (i) T for double/triple trailers;
    (ii) P for passenger;
    (iii) N for tank vehicle;
    (iv) H for hazardous materials;
    (v) X for a combination of tank vehicle and hazardous materials
endorsements;

    (vi) S for school bus; and
    (vii) At the discretion of the State, additional codes for
additional groupings of endorsements, as long as each such
discretionary code is fully explained on the front or back of the CDL
document.
    (10) The restriction(s) placed on the driver from operating certain
equipment or vehicles, if any, indicated as follows:
    (i) L for No Air brake equipped CMV;
    (ii) Z for No Full air brake equipped CMV;
    (iii) E for No Manual transmission equipped CMV;
    (iv) O for No Tractor-trailer CMV;
    (v) M for No Class A passenger vehicle;
    (vi) N for No Class A and B passenger vehicle;
    (vii) K for Intrastate only;
    (viii) V for medical variance; and
    (ix) At the discretion of the State, additional codes for
additional restrictions, as long as each such restriction code is fully
explained on the front or back of the CDL document.
    (b) Commercial Learner's Permit. (1) A CLP must not contain a
photograph, digitized image or other visual representation of the
driver.
    (2) All CLPs must contain all of the following information:
    (i) The prominent statement that the permit is a ``Commercial
Learner's Permit'' or ``CLP,'' except as specified in paragraph (c) of
this section, and that it is invalid unless accompanied by the
underlying driver's license issued by the same jurisdiction.
    (ii) The full name, signature, and mailing or residential address
in the permitting State of the person to whom the permit is issued.
    (iii) Physical and other information to identify and describe such
person including date of birth (month, day, and year), sex, and height.
    (iv) The driver's State license number.
    (v) The name of the State which issued the permit.
    (vi) The date of issuance and the date of expiration of the permit.
    (vii) The group or groups of commercial motor vehicle(s) that the
driver is authorized to operate, indicated as follows:
    (A) A for Combination Vehicle;
    (B) B for Heavy Straight Vehicle; and
    (C) C for Small Vehicle.
    (viii) The endorsement(s) for which the driver has qualified, if
any, indicated as follows:
    (A) P for passenger endorsement. A CLP holder with a P endorsement
is prohibited from operating a CMV carrying passengers, other than
Federal/State auditors and inspectors, test examiners, other trainees,
and the CDL holder accompanying the CLP holder as prescribed by Sec.
CFR 383.25(a)(1) of this part;
    (B) S for school bus endorsement. A CLP holder with an S
endorsement is prohibited from operating a school bus with passengers
other than Federal/State auditors and inspectors, test examiners, other
trainees, and the CDL holder accompanying the CLP holder as prescribed
by Sec.  383.25(a)(1) of this part; and
    (C) N for tank vehicle endorsement. A CLP holder with an N
endorsement may only operate an empty tank vehicle and is prohibited
from operating any tank vehicle that previously contained hazardous
materials that has not been purged of any residue.
    (ix) The restriction(s) placed on the driver, if any, indicated as
follows:
    (A) P for No passengers in CMV bus;
    (B) X for No cargo in CMV tank vehicle;
    (C) L for No Air brake equipped CMV;
    (D) V for medical variance;
    (E) M for No Class A passenger vehicle;
    (F) N for No Class A and B passenger vehicle;
    (G) K for Intrastate only.
    (H) Any additional jurisdictional restrictions that apply to the
CLP driving privilege.
    (c) If the CLP or CDL is a Non-domiciled CLP or CDL, it must
contain the prominent statement that the license or permit is a ``Non-
domiciled Commercial Driver's License,'' ``Non-domiciled CDL,'' ``Non-
domiciled Commercial Learner's Permit,'' or ``Non-domiciled CLP,'' as
appropriate. The word ``Non-domiciled'' must be conspicuously and
unmistakably displayed, but may be noncontiguous with the words
``Commercial Driver's License,'' ``CDL,'' ``Commercial Learner's
Permit,'' or ``CLP.''
    (d) If the State has issued the applicant an air brake restriction
as specified in Sec.  383.95, that restriction must be indicated on the
CLP or CDL.
    (e) Except in the case of a Non-domiciled CLP or CDL holder who is
domiciled in a foreign jurisdiction:
    (1) A driver applicant must provide his/her Social Security Number
on the application of a CLP or CDL.
    (2) The State must provide the Social Security Number to the CDLIS.
    (3) The State must not display the Social Security Number on the
CLP or CDL.
    (f) The State may issue a multipart CDL provided that:
    (1) Each document is explicitly tied to the other document(s) and
to a single driver's record.
    (2) The multipart license document includes all of the data
elements specified in this section.
    (f) Current CDL holders are not required to be retested to
determine whether they need any of the new restrictions for no full air
brakes, no manual transmission and no tractor-trailer. These new
restrictions only apply to CDL applicants who take skills tests on or
after July 8, 2014 (including those applicants who previously held a
CDL before the new restrictions went into effect).
    (g) On or after July 8, 2014 current CLP and CDL holders who do not
have the standardized endorsement and restriction codes and applicants
for a CLP or CDL are to be issued CLPs and CDLs with the standardized
codes upon initial issuance, renewal, upgrade or transfer.

0
30. Revise Sec.  383.155 to read as follows:

Sec.  383.155  Tamperproofing requirements.

    States must make the CLP and CDL tamperproof to the maximum extent
practicable. At a minimum, a State must use the same tamperproof method
used for noncommercial drivers' licenses.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
31. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.

0
32. Amend Sec.  384.105(b) by revising the definition of issue and
issuance to read as follows:

Sec.  384.105  Definitions.

* * * * *
    (b) * * *
    Issue and issuance mean initial issuance, transfer, renewal, or
upgrade of a CLP or CDL and Non-domiciled CLP or CDL, as described in
Sec.  383.73 of this subchapter.
* * * * *

0
33. Revise Sec.  384.201 to read as follows:

Sec.  384.201  Testing program.

    (a) The State shall adopt and administer a program for testing and
ensuring the fitness of persons to operate commercial motor vehicles
(CMVs) in accordance with the minimum Federal standards contained in
part 383 of this title.
    (b) To obtain a copy of FMCSA pre-approved State Testing System
referenced in Sec. Sec.  383.131, 383.133 and

383.135, State Driver Licensing Agencies may contact: FMCSA, CDL
Division, 1200 New Jersey Avenue, SE, Washington DC 20590.

0
34. Revise Sec.  384.204 to read as follows:

Sec.  384.204  CLP or CDL issuance and information.

    (a) General rule. The State shall authorize a person to operate a
CMV only by issuance of a CLP or CDL, unless an exception in Sec.
383.3(c) or (d) applies, which contains, at a minimum, the information
specified in part 383, subpart J, of this subchapter.
    (b) Exceptions--(1) Training. The State may authorize a person who
does not hold a CDL valid for the type of vehicle in which training
occurs to undergo behind-the-wheel training in a CMV only by means of a
CLP issued and used in accordance with Sec.  383.25 of this subchapter.
    (2) Confiscation of CLP or CDL pending enforcement. A State may
allow a CLP or CDL holder whose CLP or CDL is held in trust by that
State or any other State in the course of enforcement of the motor
vehicle traffic code, but who has not been convicted of a disqualifying
offense under Sec.  383.51 of this subchapter based on such
enforcement, to drive a CMV while holding a dated receipt for such CLP
or CDL.

0
35. Revise Sec.  384.205 to read as follows:

Sec.  384.205  CDLIS information.

    Before issuing a CLP or a CDL to any person, the State must, within
the period of time specified in Sec.  384.232, perform the check of the
Commercial Driver's License Information System (CDLIS) in accordance
with Sec.  383.73(b)(3)(ii) of this subchapter, and, based on that
information, issue the license or, in the case of adverse information,
promptly implement the disqualifications, licensing limitations,
denials, and/or penalties that are called for in any applicable
section(s) of this subpart.

0
36. Revise Sec.  384.206 to read as follows:

Sec.  384.206  State record checks.

    (a) Issuing State's records. (1) Before issuing, renewing,
upgrading, or transferring a CLP or CDL to any person, the driver's
State of record must, within the period of time specified in Sec.
384.232, check its own driver records as follows:
    (i) The driver record of the person in accordance with Sec.
383.73(b)(3)(i) of this chapter; and
    (ii) For a driver who certifies that his/her type of driving is
non-excepted, interstate commerce according to Sec.
383.71(b)(1)(ii)(A) of this chapter, the medical certification status
information on the person's CDLIS driver record.
    (2) Based on the findings of its own State record check, the State
of record must do one of the following as appropriate:
    (i) Issue, renew, upgrade, or transfer the applicant's CLP or CDL;
    (ii) In the event the State obtains adverse information regarding
the applicant, promptly implement the disqualifications, licensing
limitations, denials, or penalties that are called for in any
applicable section(s) of this subpart; or
    (iii) In the event there is no information regarding the driver's
self-certification for driving type required by Sec.  383.71(b)(1)(ii),
or for a driver who is required by Sec.  383.71(h) to be ``certified,''
if the medical certification status of the individual is ``non-
certified,'' the State must deny the CDL action requested by the
applicant and initiate a downgrade of the CDL, if required by Sec.
383.73(j)(4) of this chapter.
    (b) Other States' records. (1) Before the initial or transfer
issuance of a CLP or CDL to a person, and before renewing or upgrading
a CLP or CDL held by any person, the issuing State must:
    (i) Require the applicant to provide the names of all States where
the applicant has previously been licensed to operate any type of motor
vehicle during the previous 10 years.
    (ii) Within the time period specified in Sec.  384.232, request the
complete driver record from all States where the applicant was licensed
within the previous 10 years to operate any type of motor vehicle.
    (2) States receiving a request for the driver record of a person
currently or previously licensed by the State must provide the
information within 30 days.
    (3) Based on the findings of the other State record checks, the
issuing State must, in the case of adverse information regarding the
applicant, promptly implement the disqualifications, licensing
limitations, denials, or penalties that are called for in any
applicable section(s) of this subpart.

0
37. Amend Sec.  384.207 by revising the introductory text and paragraph
(a) to read as follows:

Sec.  384.207  Notification of licensing.

    Within the period defined in Sec.  383.73(h) of this subchapter,
the State must:
    (a) Notify the operator of the CDLIS of each CLP or CDL issuance;
* * * * *

0
38. Amend Sec.  384.208 by revising paragraph (a) to read as follows:

Sec.  384.208  Notification of disqualification.

    (a) No later than 10 days after disqualifying a CLP or CDL holder
licensed by another State, or disqualifying an out-of-State CLP or CDL
holder's privilege to operate a commercial motor vehicle for at least
60 days, the State must notify the State that issued the license of the
disqualification.
* * * * *

0
39. Amend Sec.  384.209 by revising paragraph (a) to read as follows:

Sec.  384.209  Notification of traffic violations.

    (a) Required notification with respect to CLP or CDL holders.
Whenever a person who holds a CLP or CDL from another State is
convicted of a violation of any State or local law relating to motor
vehicle traffic control (other than parking, vehicle weight or vehicle
defect violations), in any type of vehicle, the licensing entity of the
State in which the conviction occurs must notify the licensing entity
in the State where the driver is licensed of this conviction within the
time period established in paragraph (c) of this section.
* * * * *

0
40. Revise Sec.  384.210 to read as follows:

Sec.  384.210  Limitation on licensing.

    A State must not knowingly issue a CLP, a CDL, or a commercial
special license or permit (including a provisional or temporary
license) permitting a person to drive a CMV during a period in which:
    (a) A person is disqualified from operating a CMV, as
disqualification is defined in Sec.  383.5 of this subchapter, or under
the provisions of Sec.  383.73(j) or Sec.  384.231(b)(2) of this
subchapter;
    (b) The CLP or CDL holder's noncommercial driving privilege has
been disqualified; or
    (c) Any type of driver's license held by such person is
disqualified by the State where the driver is licensed for any State or
local law related to motor vehicle traffic control (other than parking,
vehicle weight or vehicle defect violations).

0
41. Revise Sec.  384.211 to read as follows:

Sec.  384.211  Surrender of old licenses.

    The State may not initially issue, upgrade, or transfer a CDL to a
person unless such person first surrenders any previously issued
driver's license and CLP.

0
42. Revise Sec.  384.212 to read as follows:

Sec.  384.212  Domicile requirement.

    (a) The State may issue CDLs or CLPs only to persons for whom the
State is the State of domicile as defined in Sec.  383.5 of this
subchapter; except that the State may issue a Non-domiciled CLP or CDL
under the conditions specified in Sec. Sec.  383.23(b), 383.71(f), and
383.73(f) of this subchapter.
    (b) The State must require any person holding a CLP or CDL issued
by another State to apply for a transfer CLP or CDL from the State
within 30 days after establishing domicile in the State, as specified
in Sec.  383.71(c) of this subchapter.

0
43. Revise Sec.  384.214 to read as follows:

Sec.  384.214  Reciprocity.

    The State must allow any person to operate a CMV in the State who
is not disqualified from operating a CMV and who holds a CLP or CDL
that is--
    (a) Issued to him or her by his/her State or jurisdiction of
domicile in accordance with part 383 of this subchapter;
    (b) Not disqualified; and
    (c) Valid, under the terms of part 383, subpart F, of this
subchapter, for the type of vehicle being driven.

0
44. Revise Sec.  384.217 to read as follows:

Sec.  384.217  Drug offenses.

    The State must disqualify from operating a CMV for life any person
who is convicted, as defined in Sec.  383.5 of this subchapter, in any
State or jurisdiction of a first offense of using a CMV (or, in the
case of a CLP or CDL holder, a CMV or a non-CMV) in the commission of a
felony described in item (9) of Table 1 to Sec.  383.51 of this
subchapter. The State shall not apply the special rule in Sec.
384.216(b) to lifetime disqualifications imposed for controlled
substance felonies as detailed in item (9) of Table 1 to Sec.  383.51
of this subchapter.

0
45. Revise Sec.  384.220 to read as follows:

Sec.  384.220  Problem Driver Pointer System information.

    Before issuing a CLP or CDL to any person, the State must, within
the period of time specified in Sec.  384.232, perform the check of the
Problem Driver Pointer System in accordance with Sec.
383.73(b)(3)(iii) of this subchapter, and, based on that information,
promptly implement the disqualifications, licensing limitations, and/or
penalties that are called for in any applicable section(s) of this
subpart.

0
46. Amend Sec.  384.225 by revising paragraphs (a) and (b) to read as
follows:

Sec.  384.225  CDLIS driver recordkeeping.

* * * * *
    (a) CLP or CDL holder. Post and maintain as part of the CDLIS
driver record:
    (1) All convictions, disqualifications and other licensing actions
for violations of any State or local law relating to motor vehicle
traffic control (other than parking, vehicle weight, or vehicle defect
violations) committed in any type of vehicle.
    (2) The following medical certification status information:
    (i) Driver self-certification for the type of driving operations
provided in accordance with Sec.  383.71(b)(1)(ii) of this chapter, and
    (ii) Information from medical certification recordkeeping in
accordance with Sec.  383.73(o) of this chapter.
    (b) A person required to have a CLP or CDL. Record and maintain as
part of the CDLIS driver record all convictions, disqualifications and
other licensing actions for violations of any State or local law
relating to motor vehicle traffic control (other than parking, vehicle
weight, or vehicle defect violations) committed while the driver was
operating a CMV.
* * * * *

0
47. Revise Sec.  384.226 to read as follows:

Sec.  384.226  Prohibition on masking convictions.

    The State must not mask, defer imposition of judgment, or allow an
individual to enter into a diversion program that would prevent a CLP
or CDL holder's conviction for any violation, in any type of motor
vehicle, of a State or local traffic control law (other than parking,
vehicle weight, or vehicle defect violations) from appearing on the
CDLIS driver record, whether the driver was convicted for an offense
committed in the State where the driver is licensed or another State.

0
48. Add Sec.  384.227 to read as follows:

Sec.  384.227  Record of digital image or photograph.

    The State must:
    (a) Record the digital color image or photograph or black and white
laser engraved photograph that is captured as part of the application
process and placed on the licensing document of every person who is
issued a CDL, as required under Sec.  383.153. The digital color image
or photograph or black and white laser engraved photograph must either
be made part of the driver history or be linked to the driver history
in a separate file.
    (b) Check the digital color image or photograph or black and white
laser engraved photograph on record whenever the CDL applicant or
holder appears in person to renew, upgrade, or transfer a CDL and when
a duplicate CDL is issued.
    (c) Check the digital color image or photograph or black and white
laser engraved photograph on record whenever the CLP applicant or
holder appears in person to renew, upgrade, or transfer a CLP and when
a duplicate CLP is issued. If no digital color image or photograph or
black and white laser engraved photograph exists on record, the State
must check the photograph or image on the base-license presented with
the CLP application.

0
49. Add Sec.  384.228 to read as follows:

Sec.  384.228  Examiner training and record checks.

    For all State and third party CDL test examiners, the State must
meet the following 10 requirements:
    (a) Establish examiner training standards for initial and refresher
training that provides CDL test examiners with a fundamental
understanding of the objectives of the CDL testing program, and with
all of the knowledge and skills necessary to serve as a CDL test
examiner and assist jurisdictions in meeting the Federal CDL testing
requirements.
    (b) Require all State knowledge and skills test examiners to
successfully complete a formal CDL test examiner training course and
examination before certifying them to administer CDL knowledge and
skills tests.
    (c) The training course for CDL knowledge test examiners must cover
at least the following three units of instruction:
    (1) Introduction to CDL Licensing System:
    (i) The Commercial Motor Vehicle Safety Act of 1986.
    (ii) Drivers covered by CDL program.
    (iii) CDL vehicle classification.
    (iv) CDL endorsements and restrictions.
    (2) Overview of the CDL tests:
    (i) CDL test, classifications, and endorsements.
    (ii) Different examinations.
    (iii) Representative vehicles.
    (iv) Validity and reliability.
    (v) Test maintenance.
    (3) Knowledge tests:
    (i) General knowledge tests.
    (ii) Specialized knowledge tests.
    (iii) Selecting the appropriate tests and test forms.
    (iv) Knowledge test administration.
    (d) The training course for CDL skills test examiners must cover at
least the following five units of instruction:

    (1) Introduction to CDL Licensing System:
    (i) The Commercial Motor Vehicle Safety Act of 1986.
    (ii) Drivers covered by CDL program.
    (iii) CDL vehicle classification.
    (iv) CDL endorsements and restrictions.
    (2) Overview of the CDL tests:
    (i) CDL test, classifications, and endorsements.
    (ii) Different examinations.
    (iii) Representative vehicles.
    (iv) Validity and reliability.
    (v) Test maintenance.
    (3) Vehicle inspection test:
    (i) Test overview.
    (ii) Description of safety rules.
    (iii) Test scoring procedures.
    (iv) Scoring standards.
    (v) Calculating final score.
    (4) Basic control skills testing:
    (i) Setting up the basic control skills course.
    (ii) Description of safety rules.
    (iii) General scoring procedures.
    (iv) Administering the test.
    (v) Calculating the score.
    (5) Road test:
    (i) Setting up the road test.
    (ii) Required maneuvers.
    (iii) Administering the road test.
    (iv) Calculating the score.
    (e) Require all third party skills test examiners to successfully
complete a formal CDL test examiner training course and examination
before certifying them to administer CDL skills tests. The training
course must cover at least the five units of instruction in paragraph
(d) of this section.
    (f) Require State and third party CDL test examiners to
successfully complete a refresher training course and examination every
four years to maintain their CDL test examiner certification. The
refresher training course must cover at least the following:
    (1) For CDL knowledge test examiners, the three units of training
described in paragraph (c) of this section.
    (2) For CDL skills test examiners, the five units of training
described in paragraph (d) of this section.
    (3) Any State specific material and information related to
administering CDL knowledge and skills tests.
    (4) Any new Federal CDL regulations, updates to administering the
tests, and new safety related equipment on the vehicles.
    (g) Complete nationwide criminal background check of all skills
test examiners prior to certifying them to administer CDL skills tests.
    (h) Complete annual nationwide criminal background check of all
test examiners.
    (i) Maintain a record of the results of the criminal background
check and CDL examiner test training and certification of all CDL test
examiners.
    (j) Rescind the certification to administer CDL tests of all test
examiners who:
    (1) Do not successfully complete the required refresher training
every four years; or
    (2) Do not pass annual nationwide criminal background checks.
Criteria for not passing the criminal background check must include at
least the following:
    (i) Any felony conviction within the last 10 years; or
    (ii) Any conviction involving fraudulent activities.
    (k) The six units of training described in paragraphs (c) and (d)
of this section may be supplemented with State-specific material and
information related to administering CDL knowledge and skills tests.

0
50. Add Sec.  384.229 to read as follows:

Sec.  384.229  Skills test examiner auditing and monitoring.

    To ensure the integrity of the CDL skills testing program, the
State must:
    (a) At least once every 2 years, conduct unannounced, on-site
inspections of third party testers' and examiners' records, including
comparison of the CDL skills test results of applicants who are issued
CDLs with the CDL scoring sheets that are maintained in the third party
testers' files. For third party testers and examiners who were granted
the training and skills testing exception under section 383.75(a)(7),
the record checks must be performed at least once every year;
    (b) At least once every two years, conduct covert and overt
monitoring of examinations performed by State and third party CDL
skills test examiners. For third party testers and examiners who were
granted the training and skills testing exception under Sec.
383.75(a)(7), the covert and overt monitoring must be performed at
least once every year;
    (c) Establish and maintain a database to track pass/fail rates of
applicants tested by each State and third party CDL skills test
examiner, in order to focus covert and overt monitoring on examiners
who have unusually high pass or failure rates;
    (d) Establish and maintain a database of all third party testers
and examiners, which at a minimum tracks the dates and results of
audits and monitoring actions by the State, the dates third party
testers were certified by the State, and name and identification number
of each third party CDL skills test examiner;
    (e) Establish and maintain a database of all State CDL skills
examiners, which at a minimum tracks the dates and results of
monitoring action by the State, and the name and identification number
of each State CDL skills examiner; and
    (f) Establish and maintain a database that tracks skills tests
administered by each State and third party CDL skills test examiner's
name and identification number.

0
51. Amend Sec.  384.231 by revising paragraph (b) to read as follows:

Sec.  384.231  Satisfaction of State disqualification requirement.

* * * * *
    (b) Required action--(1) CLP or CDL holders. A State must satisfy
the requirement of this subpart that the State disqualify a person who
holds a CLP or a CDL by, at a minimum, disqualifying the person's CLP
or CDL for the applicable period of disqualification.
    (2) A person required to have a CLP or CDL. A State must satisfy
the requirement of this subpart that the State disqualify a person
required to have a CLP or CDL who is convicted of an offense or
offenses necessitating disqualification under Sec.  383.51 of this
subchapter. At a minimum, the State must implement the limitation on
licensing provisions of Sec.  384.210 and the timing and recordkeeping
requirements of paragraphs (c) and (d) of this section so as to prevent
such a person from legally obtaining a CLP or CDL from any State during
the applicable disqualification period(s) specified in this subpart.
* * * * *

0
52. Amend Sec.  384.301 by revising paragraph (e) to read as follows:

Sec.  384.301   Substantial compliance--general requirements.

* * * * *
    (e) A State must come into substantial compliance with the
requirements of subpart B of this part in effect as of July 8, 2011 as
soon as practical but, unless otherwise specifically provided in this
part, not later than July 8, 2014.

0
53. Revise Sec.  384.405 to read as follows:

Sec.  384.405  Decertification of State CDL program.

    (a) Prohibition on CLP or CDL transactions. The Administrator may
prohibit a State found to be in substantial noncompliance from
performing any of the following CLP or CDL transactions:
    (1) Initial issuance.

    (2) Renewal.
    (3) Transfer.
    (4) Upgrade.
    (b) Conditions considered in making decertification determination.
The Administrator will consider, but is not limited to, the following
five conditions in determining whether the CDL program of a State in
substantial noncompliance should be decertified:
    (1) The State computer system does not check the Commercial
Driver's License Information System (CDLIS) and/or National Driver
Registry Problem Driver Pointer System (PDPS) as required by Sec.
383.73 of this subchapter when issuing, renewing, transferring, or
upgrading a CLP or CDL.
    (2) The State does not disqualify drivers convicted of
disqualifying offenses in commercial motor vehicles.
    (3) The State does not transmit convictions for out-of-State
drivers to the State where the driver is licensed.
    (4) The State does not properly administer knowledge and/or skills
tests to CLP or CDL applicants or drivers.
    (5) The State fails to submit a corrective action plan for a
substantial compliance deficiency or fails to implement a corrective
action plan within the agreed time frame.
    (c) Standard for considering deficiencies. The deficiencies
described in paragraph (b) of this section must affect a substantial
number of either CLP and CDL applicants or drivers.
    (d) Decertification: Preliminary determination. If the
Administrator finds that a State is in substantial noncompliance with
subpart B of this part, as indicated by the factors specified in
paragraph (b) of this section, among other things, the FMCSA will
inform the State that it has made a preliminary determination of
noncompliance and that the State's CDL program may therefore be
decertified. Any response from the State, including factual or legal
arguments or a plan to correct the noncompliance, must be submitted
within 30 calendar days after receipt of the preliminary determination.
    (e) Decertification: Final determination. If, after considering all
material submitted by the State in response to the FMCSA preliminary
determination, the Administrator decides that substantial noncompliance
exists, which warrants decertification of the CDL program, he/she will
issue a decertification order prohibiting the State from issuing CLPs
and CDLs until such time as the Administrator determines that the
condition(s) causing the decertification has (have) been corrected.
    (f) Recertification of a State. The Governor of the decertified
State or his/her designated representative must submit a certification
and documentation that the condition causing the decertification has
been corrected. If the FMCSA determines that the condition causing the
decertification has been satisfactorily corrected, the Administrator
will issue a recertification order, including any conditions that must
be met in order to begin issuing CLPs and CDLs in the State.
    (g) State's right to judicial review. Any State aggrieved by an
adverse decision under this section may seek judicial review under 5
U.S.C. Chapter 7.
    (h) Validity of previously issued CLPs or CDLs. A CLP or CDL issued
by a State prior to the date the State is prohibited from issuing CLPs
or CDLs in accordance with provisions of paragraph (a) of this section,
will remain valid until its stated expiration date.

PART 385--SAFETY FITNESS PROCEDURES

0
54. The authority citation for part 385 continues to read as follows:

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 31136, 31144, 31148, and 31502; Sec. 350 of Pub. L.
107-87; and 49 CFR 1.73.

0
55. Amend appendix B, section VII, List of Acute and Critical
Regulations, by redesignating the entries for Sec. Sec.  383.37(a) and
383.37(b) as Sec. Sec.  383.37(b) and 383.37(c) and adding a new entry
for Sec.  383.37(a) to read as follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *
VII. List of Acute and Critical Regulations.
* * * * *
    Sec.  383.37(a) Knowingly allowing, requiring, permitting, or
authorizing an employee who does not have a current CLP or CDL, who
does not have a CLP or CDL with the proper class or endorsements, or
who operates a CMV in violation of any restriction on the CLP or CDL
to operate a CMV (acute).
* * * * *

    Issued on: March 28, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-10510 Filed 5-5-11; 8:45 am]
BILLING CODE 4910-EX-P


Fact  Fact Sheet

HOT WORK  ON  HOLLOW  STRUCTURES

Hot work on hollow structures located on a vessel or on a dock can
present a hazard

to both the worker and vessel/facility on which the hot work is being
performed.  OSHA defines hot work to mean riveting, welding, flame
cutting, or other fire or spark producing operation (See 29 CFR
1917.152(a)).

Hollow structures can be drums, inaccessible voids, sealed bulkheads,
hatches, coamings, skegs, bilge keels, rudders, fairwaters, pipe
stanchions, masts, booms, lamp posts, crane pedestals, crane portal
beams, doubler-plates, railings, rub rails, mooring bitts, bollards,
vents, container frames, box girders, cargo lids, sponsons, pontoons,
floats, buoys and many others. Hollow structures should not be confused
with tanks or confined and enclosed spaces.  Hot work in these spaces is
addressed in 29 CFR 1917.152 (b) and 1917.152 (f).

Known hazards of hollow enclosed structures:

May contain flammable or toxic gases, liquids, or residue;

Commonly filled with combustible preservatives;

Often contaminated with saltwater, fuel oils, solvents, degreasers, or
cleaning chemicals.

May contain high pressure or vacuum effects due to fluctuation from
temperature.

Recommended control measures prior to hot work on hollow enclosed
structures:

Always wear proper PPE, clothing, gloves, and eye protection during
drilling, cutting and hot work operations (See 29 CFR 1917 Subpart E and
the applicable regulations for the specific type of work being
performed).

Check and make sure that the structure will not radiate heat to the
other side (e.g. sealed insulation in a sealed bulkhead).

Open all sampling ports to drain residual products and have a Qualified
Individual test for the presence of flammable or combustible gases or
liquids.

Hollow structures that have contained flammable or combustible
substances shall either be filled with water or cleaned (e.g.
pressure-wash, degreasing or steaming) and shall be ventilated (29 CFR
1917.152(c)(8)(i)).  Another option may be to purge with an inert gas.

Before heat is applied to a hollow structure, an opening to release
built-up pressure during heat application shall be provided (29 CFR
1917(c)(8)(ii)).

When a sampling port is not available, drill a small hole into the
structure to facilitate air sampling and testing.  Use new bits and
blades, and always lubricate the drilling bits and metal blades with
cutting oil or soapy water to minimize the generation of heat and
sparks.

If any flammable gases, liquids or preservatives are detected and gas
reading is above 10% LEL, consult a Qualified Individual.  Carefully
drill a second hole further away to ventilate by blowing compressed air
through the structure.  After the structure is ventilated, retest again
to ascertain 0% LEL is sustained prior to any hot work.