Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7327 

this action. Consideration of 

environmental justice is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Order 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 29, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–02082 Filed 2–1–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383 and 384 

[Docket No. FMCSA–2023–0115] 

RIN 2126–AC46 

Amendments to the Commercial 

Driver’s License Requirements; 

Increased Flexibility for Testing and for 

Drivers After Passing the Skills Test 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FMCSA proposes to increase 

flexibility for State Driver Licensing 

Agencies (SDLAs) and commercial 

driver’s license (CDL) applicants by 

expanding applicants’ ability to take a 

CDL skills test in a State other than their 

State of domicile; permitting a 

commercial learner’s permit (CLP) 

holder who has passed the CDL skills 

test to operate a commercial motor 

vehicle (CMV) on public roads without 

having a qualified CDL holder in the 

passenger seat; eliminating the 

requirement that an applicant wait at 

least 14 days to take the CDL skills test 

following initial issuance of the CLP. 

The NPRM also proposes to remove the 

requirement that CMV drivers must 

have a passenger (P) endorsement to 

transport CMVs designed to carry 

passengers, including school buses, 

when the vehicle is being transported in 

a driveaway-towaway operation and the 

vehicle is not carrying any passengers. 

Additionally, FMCSA proposes to 

require that third-party knowledge 

examiners be subject to the training, 

certification, and record check 

standards currently applicable to State 

knowledge examiners and third-party 

knowledge testers be subject to the 

auditing and monitoring requirements 

now applicable to third-party skills 

testers. The NPRM responds to petitions 

for rulemaking from the American 

Trucking Associations (ATA) and the 

New Hampshire Department of 

Transportation (NHDOT), as discussed 

below. FMCSA believes these proposals 

would improve the efficiency and 

convenience of CDL issuance and 

improve highway safety by further 

ensuring the integrity of third-party CDL 

knowledge testing. 

DATES: Comments must be received on 

or before April 2, 2024. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2023–0115 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0115/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Patrick D. Nemons, Director, Office of 

Safety Programs, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001; (202) 385–2400; 

patrick.nemons@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: FMCSA 

organizes this NPRM as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Comments on the Information 

Collection 

II. Executive Summary 

A. Purpose and Summary of the Regulatory 

Action 

B. Summary of Major Provisions 

C. Costs and Benefits 

III. Abbreviations 

IV. Legal Basis 

V. Background 

VI. Discussion of Proposed Rulemaking 

VII. Section-by-Section Analysis 

VIII. Severability 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. Congressional Review Act 

C. Waiver of Advance Notice of Proposed 

Rulemaking 

D. Regulatory Flexibility Act (Small 

Entities) 

E. Assistance for Small Entities 

F. Unfunded Mandates Reform Act of 1995 

G. Paperwork Reduction Act (Collection of 

Information) 

H. E.O. 13132 (Federalism) 

I. Privacy 

J. E.O. 13175 (Indian Tribal Governments) 

K. National Environmental Policy Act of 

1969 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (FMCSA–2023–0115), indicate 

the specific section of this document to 

which your comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0115/document, click on 

this NPRM, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 


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7328 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

(5 United States Code (U.S.C.) 552), CBI 

is exempt from public disclosure. If 

your comments responsive to the NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to the NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission that constitutes 

CBI as ‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

NPRM. Submissions containing CBI 

should be sent to Brian Dahlin, Chief, 

Regulatory Analysis Division, Office of 

Policy, FMCSA, 1200 New Jersey 

Avenue SE, Washington DC 20590– 

0001. Any comments FMCSA receives 

not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0115/document and 

choose the document to review. To view 

comments, click this NPRM, then click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

C. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory process. 

DOT posts these comments, including 

any personal information the 

commenter provides, to 

www.regulations.gov as described in the 

system of records notice DOT/ALL 14 

(Federal Docket Management System 

(FDMS)), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices. The comments are 

posted without edit, and are searchable 

by the name of the submitter. 

D. Comments on the Information 

Collection 

Written comments and 

recommendations for the information 

collection discussed in this NPRM 

should be sent within 60 days of 

publication to www.reginfo.gov/public/ 

do/PRAMain. Find this information 

collection by clicking the link that reads 

‘‘Currently under Review—Open for 

Public Comments’’ or by entering Office 

of Management and Budget (OMB) 

control number 2126–0011 in the search 

bar and clicking on the last entry to 

reach the ‘‘comment’’ button. 

II. Executive Summary 

A. Purpose and Summary of the 

Regulatory Action 

The purpose of the NPRM is to 

enhance the flexibility and efficiency of 

the CDL program by removing certain 

regulatory restrictions to allow 

applicants to obtain a CDL and be 

productively employed as a CMV driver 

in less time than it currently takes, 

without compromising safety. The 

NPRM also proposes measures to ensure 

the consistency and integrity of the 

administration of CDL knowledge tests 

provided by third-party examiners and 

facilitate the safe transport of empty 

CMVs designed to transport passengers 

(passenger CMVs) more efficiently. 

FMCSA believes the proposed changes 

will further address CMV driver 

shortages, enhance supply chain 

stability, and provide appropriate 

regulatory relief without impacting 

safety. In the case of CDL knowledge 

testing administered by third parties, 

the proposal would improve safety by 

imposing applicable training and 

certification standards for third-party 

knowledge examiners currently required 

for State-employed knowledge test 

examiners, and by imposing monitoring 

standards for third-party knowledge 

testers currently applicable to thirdparty skills testers. The proposed 

changes are summarized immediately 

below and further explained in Section 

VI., Discussion of the Proposal. 

B. Summary of Major Provisions 

CDL Skills Testing for Out-of-State 

Applicants 

Section 383.79(a)(1) currently permits 

a State to administer the CDL skills test 

to an applicant domiciled in another 

State, provided the individual has 

obtained training in the State where the 

skills test will be administered. Such 

test results must be transmitted 

electronically directly from the testing 

State to the licensing State in a direct, 

efficient, and secure manner. The NPRM 

proposes to remove the requirement that 

an applicant must have obtained 

training in the testing State in order to 

take the CDL skills test in that State. 

With the implementation of FMCSA’s 

entry-level driver training (ELDT) 

regulations in February 2022, all States 

can be assured that the out-of-state 

applicant has completed the required 

minimum training as set forth in 49 CFR 

part 380, subpart F. The NPRM, by 

proposing to allow States discretion to 

provide skills testing to out-of-State 

applicants, regardless of the State in 

which training was obtained, may allow 

applicants to obtain a CDL sooner by 

scheduling the skills test in a State with 

shorter waiting times. Because all States 

administering the CDL skills test must 

follow the test standards and 

requirements set forth in 49 CFR part 

383, subparts G and H, the proposal 

would not adversely impact safety. 

CLP Holders Who Have Passed the CDL 

Skills Test 

Pursuant to § 383.25(a)(1), CLP 

holders may operate a CMV on public 

roads and highways only for purposes of 

BTW training, as long as a CDL holder 

is physically present in the front seat of 

the vehicle or, in the case of a passenger 

CMV, directly behind or in the first row 

behind the driver and has the CLP 

holder under observation and direct 

supervision. The NPRM proposes an 

exception to this provision that would 

allow CLP holders who have passed the 

CDL skills test to operate a CMV for any 

reason, provided a CDL holder is 

physically present in the CMV, the CLP 

driver has passed the CDL skills test, 

and the driver possesses documentary 

evidence from the testing State that they 

have passed the CDL skills test. 

Since the current provision was 

adopted in 2012, FMCSA implemented 

minimum ELDT requirements, set forth 

in 49 CFR part 380 subpart F. Once the 

CLP holder has passed the skills test 

and, thus, demonstrated their ability to 

safely operate a CMV, the current 

restriction limiting CLP holders to CMV 

operation only for purpose of BTW 

training would no longer be necessary. 

Because these drivers have already met 

all the requirements for a CDL, but have 

yet to pick up the CDL document from 

their State of domicile, their safety 

performance would be the same as a 

newly-credentialed CDL holder. 

Additionally, having a CDL driver 

accompany the CLP driver who has 

successfully passed all required CDL 

skills testing and prerequisites, provides 

some additional supervision that is 

otherwise not required for newlycredentialed CDL drivers in physical 

possession of the CDL document. 

CLP Holders Eligible To Take the CDL 

Skills Test 

As set forth in § 383.25(e), CLP 

holders are not eligible to take the CDL 

skills test in the first 14 days following 


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1See, 87 FR 6045 (Feb. 3, 2022). 

initial issuance of the CLP. FMCSA 

proposes to eliminate this restriction, 

which was intended to ensure CLP 

holders obtained BTW training prior to 

taking the skills test to improve their 

chances of passing the test on the first 

attempt. The restriction is no longer 

necessary, however, because CLP 

holders must now complete ELDT 

(theory training and BTW range and 

road training) before taking the skills 

test for a Class A or Class B CDL or the 

P or school bus (S) endorsement, in 

accordance with § 383.73(b)(11) and 

(e)(9). 

Third-Party Knowledge Testers and 

Examiners 

In accordance with regulatory 

guidance adopted on February 3, 2022, 

States may authorize the use of thirdparty knowledge examiners as long as 

they adhere to the CDL knowledge test 

standards and requirements set forth in 

49 CFR part 383, subparts G and H.1

When issuing that guidance, FMCSA 

noted its intention to propose regulatory 

requirements further clarifying the 

States’ use of third-party knowledge 

examiners. This NPRM proposes those 

requirements, which are intended to 

ensure the integrity of third-party CDL 

knowledge testing. 

First, States authorizing third-party 

knowledge examiners would be 

required to apply to those examiners the 

training, certification, and record check 

requirements currently applicable to 

State knowledge examiners, as set forth 

in § 384.228. Third-party skills 

examiners already certified under 

§ 384.228 who also administer the 

knowledge tests would be excepted 

from duplicative training and record 

check requirements. In addition, States 

would be required to include third-party 

knowledge examiners within the scope 

of the auditing and monitoring 

provisions set forth in § 384.229, 

currently applicable only to third-party 

skills examiners. States authorizing 

third-party knowledge testers (i.e., 

entities that employ third-party 

knowledge examiners) and examiners 

would be subject to the auditing and 

monitoring requirements for third-party 

skills testers and examiners, set forth in 

§ 383.75, as applicable. Finally, the 

NPRM proposes to add a requirement 

that third-party knowledge testers or 

examiners administer the knowledge 

test only by electronic means. 

Operation of Empty Passenger CMVs 

The NPRM proposes to except CDL 

holders operating CMVs designed to 

carry passengers, including school 

buses, from having a P endorsement 

when the CMV is empty of passengers 

and the driver is transporting the CMV 

from the manufacturer to the distributor 

or in a driveaway-towaway operation, as 

defined in § 390.5T. As explained 

further below, FMCSA’s current 

regulations do not require an S 

endorsement to operate an empty school 

bus. Both the S and P endorsements are 

intended to ensure the driver has the 

knowledge and skills necessary to safely 

transport passengers and to evacuate the 

CMV in case of emergency. The 

proposed change would therefore 

enhance flexibility in transporting 

empty passenger CMVs to distributors, 

dealers, purchasers, and repair facilities 

without compromising passenger safety. 

C. Costs and Benefits 

FMCSA believes these proposals 

would improve the efficiency and 

convenience of CDL issuance, provide 

needed flexibility for CLP holders who 

have demonstrated their ability to safely 

operate a CMV by passing the CDL skills 

test, improve highway safety by 

ensuring the integrity of third-party CDL 

knowledge testing, and enhance 

flexibility in the transport of empty 

passenger CMVs from the manufacturer 

to the distributor or in a driveawaytowaway operation. The proposed rule 

could affect States, third-party 

knowledge examiners, CDL applicants, 

CMV drivers, and motor carriers. 

FMCSA anticipates that entities acting 

under the proposed flexibilities would 

incur cost savings via improved 

operational efficiency. FMCSA cannot 

predict the number of States that would 

voluntarily adopt the changes set forth 

in this proposal, and is therefore unable 

to quantify the increase in efficiency 

experienced by the affected entities. 

FMCSA estimates that the 10-year cost 

for training and certification of thirdparty knowledge examiners could total 

approximately $92 million on an 

undiscounted basis, $81 million 

discounted at 3 percent, and $69 million 

discounted at 7 percent. Annualized 

costs would total $9.24 million 

discounted at 3 percent and $9.24 

million discounted at 7 percent (all in 

2021 dollars). 

III. Abbreviations 

ANPRM Advance Notice of Proposed 

Rulemaking 

ATA American Trucking Associations 

BTW Behind-The-Wheel 

CBI Confidential Business Information 

CDL Commercial Driver’s License 

CDLIS Commercial Driver’s License 

Information System 

CE Categorical Exclusion 

CFR Code of Federal Regulations 

CLP Commercial Learner Permit 

CMV Commercial Motor Vehicle 

CMVSA Commercial Motor Vehicle Safety 

Act of 1986 

CRST CRST Expedited 

C.R. England C.R. England, Inc. 

DOT Department of Transportation 

ELDT Entry-Level Driver Training 

E.O. Executive Order 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSR Federal Motor Carrier Safety 

Regulations 

FR Federal Register 

NAICS North American Industry 

Classification System 

NEPA National Environmental Policy Act 

of 1969 

NHDOT State of New Hampshire 

Department of Transportation 

NPRM Notice of Proposed Rulemaking 

OIRA Office of Information and Regulatory 

Affairs 

OMB Office of Management and Budget 

PIA Privacy Impact Assessment 

PII Personally Identifiable Information 

Prime New Prime, Inc. 

PTA Privacy Threshold Assessment 

RFA Regulatory Flexibility Act 

The Secretary Secretary of Transportation 

SDLA State Driver Licensing Agency 

UMRA Unfunded Mandates Reform Act of 

1995 

U.S.C. United States Code 

IV. Legal Basis for the Rulemaking 

The Administrator of FMCSA is 

delegated authority under 49 CFR 1.87 

to carry out the functions vested in the 

Secretary of Transportation by 49 U.S.C. 

chapters 311, 313, and 315 as they relate 

to CMV operators, programs, and safety. 

The NPRM is based primarily on the 

broad authority of the Commercial 

Motor Vehicle Safety Act of 1986 

(CMVSA), as amended, codified at 49 

U.S.C. chapter 313, which established 

the CDL program. The statute required 

the Secretary of Transportation 

(Secretary), after consultation with the 

States, to prescribe uniform minimum 

standards ‘‘for testing and ensuring the 

fitness of an individual operating a 

commercial motor vehicle’’ (49 U.S.C. 

31305(a)(1)). The NPRM proposes to 

amend two of the CDL testing 

requirements and proposes new 

requirements for the administration of 

the CDL knowledge test by third-party 

testers and examiner. The NPRM also 

addresses the fitness of a CLP holder 

who has passed the CDL skills test to 

operate a CMV on public roads and the 

fitness of Class B CDL holders to operate 

an empty passenger CMV without 

obtaining the P endorsement. 

The NPRM is also consistent with the 

concurrent authorities of the Motor 

Carrier Safety Act of 1984, as amended, 

codified at 49 U.S.C. 31131, et seq.; and 

the Motor Carrier Act of 1935, as 

amended, codified at 49 U.S.C. 31502. 

The 1984 statute granted the Secretary 


khammond on DSKJM1Z7X2PROD with PROPOSALS
7330 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

2As discussed below in Section V.A., FMCSA 

withdrew the third-party knowledge examiner 

testing waiver on February 3, 2022. 

broad authority to issue regulations ‘‘on 

commercial motor vehicle safety,’’ 

including regulations to ensure that 

‘‘commercial motor vehicles are . . . 

operated safely’’ (49 U.S.C. 31136(a)(1)). 

The NPRM is consistent with the safe 

operation of CMVs. In accordance with 

section 31136(a)(2), the enhanced 

flexibilities proposed in the NPRM will 

not impose any ‘‘responsibilities . . . on 

operators of commercial motor vehicles 

[that would] impair their ability to 

operate the vehicles safely.’’ This NPRM 

does not directly address medical 

standards for drivers (section 

31136(a)(3)) or possible physical effects 

caused by driving CMVs (section 

31136(a)(4)). FMCSA does not anticipate 

that drivers will be coerced (section 

31136(a)(5)) if the NPRM results in the 

issuance of a final rule. 

Title 49 U.S.C., section 31502(b), 

provides that ‘‘The Secretary of 

Transportation may prescribe 

requirements for—(1) qualifications and 

maximum hours of service of employees 

of, and safety of operation and 

equipment of, a motor carrier; and (2) 

qualifications and maximum hours of 

service of employees of, and standards 

of equipment of, a motor private carrier, 

when needed to promote safety of 

operation.’’ The NPRM, which 

addresses certain knowledge and skills 

testing requirements, is related to the 

safe operation of motor carrier 

equipment. 

V. Background 

On May 9, 2011, FMCSA published 

the CDL Testing and CLP Standards 

final rule (76 FR 26854) (May 2011 final 

rule) amending the CDL knowledge and 

skills testing standards and establishing 

new minimum Federal standards for 

States to issue the CLP. Each of the 

regulatory provisions that FMCSA 

proposes to revise in the NPRM, 

discussed below, were either adopted 

initially (§§ 383.25, 383.79, 384.228, and 

384.229) or revised (§§ 383.5 and 

383.75) in the May 2011 final rule. 

On July 13, 2020, the ATA submitted 

a petition for rulemaking to FMCSA 

requesting that the Agency codify three 

CDL-related waivers issued (and 

subsequently reissued) in response to 

the coronavirus disease 2019 (COVID– 

19) pandemic: 

(1) Allow third-party CDL skills test 

examiners the ability to administer the 

CDL knowledge test, so long as the 

examiner maintains their CDL skills test 

examiner certification, has successfully 

completed a CDL skills test examiner 

training course, and completes a unit 

devoted to administering the knowledge 

test as required in § 384.228(c)(3); 2

(2) Eliminate from the requirement in 

§ 383.25(a)(1) that a CLP holder who has 

passed the CDL driving skills test be 

accompanied by a CDL holder with the 

proper CDL class and endorsements, 

seated in the front seat of a CMV, while 

the CLP holder operates a CMV on 

public roads or highways, provided that 

the CLP holder possesses evidence from 

a testing jurisdiction (including an 

authorized third-party tester) that a CLP 

holder has passed the CDL driving skills 

test, and provided that the CDL holder 

is elsewhere in the cab; and 

(3) Eliminate the restriction under 

§ 383.79(a) limiting States to the 

administration of driving skills tests to 

CDL applicants not domiciled in the 

testing State only if the applicant took 

driver training in that State. Each of the 

waivers was based on the need for 

regulatory flexibility in response to 

COVID–19-related service disruptions at 

the SDLAs and to enhance the efficiency 

of the commercial licensing process so 

that applicants could obtain a CDL more 

quickly. FMCSA issued the waivers 

after finding that granting the regulatory 

relief would achieve a level of safety 

equal to, or greater than, the level of 

safety achieved in the absence of the 

waivers, as required by 49 U.S.C. 

31315(a). The waivers, discussed further 

below, are available in the docket of this 

rulemaking and can also be accessed at 

https://www.fmcsa.dot.gov/emergency/ 

covid-19-archives. 

The ATA asserted that permanent 

incorporation of these temporary relief 

measures into the Federal Motor Carrier 

Safety Regulations (FMCSRs) would 

reduce regulatory burdens, aid the 

ongoing COVID–19 recovery efforts, and 

‘‘ensure continuity in the American 

supply chain.’’ The Agency granted 

ATA’s petition on November 24, 2021. 

The NPRM is based, in part, on ATA’s 

petition for rulemaking, as discussed 

further below. 

A. Third Party Testing (§ 383.75) 

On April 9, 2020, FMCSA waived the 

CDL knowledge test examiner training 

requirements in § 384.228(b) and (c) for 

certain third-party CDL skills test 

examiners. The waiver allowed Stateauthorized third-party skills test 

examiners who have maintained a valid 

CDL test examiner certification and 

have previously completed a CDL skills 

test examiner training course satisfying 

the requirements of § 384.228(d) to 

administer the CDL knowledge test 

without completing a CDL knowledge 

test training course. (At the time of 

issuance, FMCSA’s existing regulatory 

guidance stated that third-party 

knowledge testing was prohibited and 

that if an employee of the State 

authorized to supervise knowledge 

testing is present during the testing, 

FMCSA regards the test as being 

administered by the State and not by a 

third party.) The waiver allowed States 

and SDLAs to use third-party CDL skills 

test examiners to continue 

administering CDL knowledge tests 

while SDLAs remained closed, unable 

to administer CDL knowledge tests, or 

operating at a diminished capacity due 

to the COVID–19 emergency. The 

Agency reissued the waiver June 22, 

2020, September 18, 2020, December 15, 

2020, February 16, 2021, May 26, 2021, 

August 31, 2021, and November 29, 

2021. As discussed below, FMCSA 

rescinded the waiver on February 3, 

2022. 

On February 3, 2022, FMCSA 

published a notice of regulatory 

guidance concerning the States’ use of 

third parties to administer CDL 

knowledge tests (87 FR 6045 (Feb. 3, 

2022)) (February 2022 guidance). The 

guidance rescinded previously issued 

guidance, discussed above, stating that 

States’ use of third-party knowledge test 

examiners was prohibited if a State 

employee was not present. The February 

2022 guidance affirmed that FMCSA’s 

statutes and regulations do not prohibit 

States from authorizing third parties to 

administer CDL knowledge tests, as long 

as SDLAs adhere to the CDL knowledge 

test standards and testing requirements 

set forth in 49 CFR part 383, subparts G 

and H. Currently, FMCSA does not 

impose any other regulatory 

requirements pertaining to the States’ 

optional use of third-party knowledge 

testing. In the February 2022 notice, 

FMCSA explained it was developing an 

NPRM to propose regulatory standards 

for third-party knowledge testing and, in 

the interim, encouraged States opting to 

use third-party knowledge examiners to 

follow the training, certification, and 

record check requirements currently 

applicable to State knowledge 

examiners. This NPRM proposes those 

regulatory standards. The Agency 

subsequently issued additional 

guidance recommending best practices 

for States that allow third-party 

knowledge testing, discussed further 

below in section VI. On February 3, 

2022, FMCSA also terminated the 

November 29, 2021, waiver then in 

effect allowing States, at their 

discretion, to permit certified thirdparty skills examiners to administer the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7331 

3See ‘‘Notice of Termination of Waiver for States 

Concerning Third Party CDL Skills Test Examiners 

in Response to the COVID–19 Emergency,’’ 

accessible here: https://www.fmcsa.dot.gov/sites/

fmcsa.dot.gov/files/2022-02/Third%20Party

%20Skills%20Tester%20Waiver%20-%20Notice

%20of%20Termination%20-%20FINAL%20- 

%20Feb%203%2022.pdf; also available in the 

docket of this rulemaking. 

4 76 FR 26854, 26861 (May 9, 2011). 

CDL knowledge test, subject to certain 

conditions.3 The Agency withdrew the 

waiver because it was based on the prior 

(rescinded) guidance stating that thirdparty knowledge testing was prohibited 

under FMCSA’s regulations. 

B. CLP Holders Who Have Passed the 

CDL Skills Test (§ 383.25(a)) 

Pursuant to § 383.325(a), a CLP is 

considered a valid CDL for purposes of 

BTW training on public roads or 

highways, as long as specified minimum 

conditions are met. One of these 

conditions, set forth in § 383.25(a)(1), 

requires that the CLP holder be 

accompanied by the holder of a valid 

CDL with the proper CDL group and 

endorsement(s), who is physically 

present in the front seat of the vehicle 

next to the CLP holder or, in the case 

of a passenger CMV, directly behind or 

in the first row behind the driver, and 

must have the CLP holder under direct 

observation and supervision. In 

adopting this provision in the May 2011 

final rule, the Agency noted that it is not 

safe to permit inexperienced drivers 

who have not passed the CDL skills test 

to drive unaccompanied.4

Applications for Exemption— 

§ 383.25(a)(1) 

On November 28, 2014, the Agency 

published for notice and comment C.R. 

England Inc.’s (C.R. England) request for 

an exemption from § 383.25(a)(1), which 

would allow CLP holders who have 

passed the CDL skills test and are 

eligible to receive a CDL to drive a truck 

without a CDL holder being present in 

the front seat, as long as the CDL holder 

is present elsewhere in the vehicle (79 

FR 70916). FMCSA, after analyzing the 

exemption application and public 

comments received, determined that the 

exemption, subject to the terms and 

conditions imposed, would likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption. Subsequently, on June 11, 

2015, the Agency published notice that 

it granted the C.R. England exemption, 

effective June 13, 2015, through June 12, 

2017 (80 FR 33329). Under the terms 

and conditions of the exemption, a CLP 

holder who has documentation of 

passing the CDL skills test may drive a 

CMV for C.R. England without being 

accompanied by a CDL holder in the 

front seat. In granting the exemption, 

FMCSA concluded that CLP holders 

who have passed the skills test are 

qualified and eligible to receive a CDL. 

The exemption enabled CLP holders to 

drive as part of a team and have the 

same regulatory flexibility that 49 CFR 

383 provides for C.R. England’s team 

drivers with CDLs. On June 12, 2017, 

FMCSA published notice of its decision 

to grant C.R. England’s request that the 

initial exemption be renewed for a 

period of 5 years, from June 13, 2017, 

through June 12, 2022 (82 FR 26975). 

The Agency subsequently renewed this 

exemption again for another 5 years 

from June 13, 2022, until June 12, 2027 

(87 FR 36360). The renewals of the 

exemption were based, in part, on C.R. 

England’s data demonstrating that 

drivers utilizing the exemption during 

the initial exemption period had better 

safety outcomes than non-exempt 

drivers. The Agency also requested 

comments on each 5-year extension. 

The C.R. England exemption requests 

and the notices of FMCSA’s disposition 

are available in the docket for this 

rulemaking. 

On January 5, 2016 (81 FR 291), 

FMCSA published notice of an 

application from CRST Expedited 

(CRST) requesting an exemption from 

the requirement that a CLP holder must 

always be accompanied by a CDL holder 

with the proper CDL class and 

endorsements, seated in the front seat of 

the vehicle while the CLP holder 

performs BTW training on public roads 

or highways and requested comments. 

On September 23, 2016, the Agency 

granted CRST the exemption, effective 

from September 23, 2016, through 

September 24, 2018 (81 FR 65696). The 

rationale for CRST’s requested 

exemption, and the Agency’s decision to 

grant the exemption, was essentially the 

same as it was for the C.R. England 

exemption discussed above. On August 

9, 2018, FMCSA published notice of 

CRST’s request that FMCSA renew the 

initial exemption and requested public 

comment (83 FR 39495). On October 19, 

2018, the Agency renewed CRST’s 

exemption for a period of 5 years, 

effective September 23, 2018, through 

September 24, 2023 (83 FR 53149). On 

[August 7, 2023, FMCSA provisionally 

extended CRST’s (now doing business 

as CRST The Transportation Solution, 

Inc.) exemption for an additional 5 

years, through September 24, 2028, (88 

FR 52241). The provisional exemption, 

which is subject to public comment for 

30 days following publication of the 

exemption in the Federal Register, is 

based on CRST’s assertion that it has not 

experienced any safety issues while 

operating under the exemption and will 

continue to monitor its safety data. The 

CRST exemption requests and the 

notices of FMCSA’s disposition are 

available in the docket for this 

rulemaking. 

Finally, on June 27, 2017, FMCSA 

granted a 5-year exemption from 

§ 383.25(a)(1) to New Prime, Inc. (Prime) 

under the same terms and conditions as 

the exemptions issued to C.R. England 

and CRST, described above (82 FR 

29143). In its application for exemption, 

Prime cited the fact that CLP holders 

who have passed the skills test in the 

State where they obtained driver 

training are eligible to obtain a CDL and 

therefore capable of safely operating a 

CMV. Prime stated that granting the 

exemption would enable CLP holders to 

work immediately as part of a team of 

drivers to transport cargo through the 

company’s freight network before 

receiving their CDL credential from 

their State of domicile. In response to 

Prime’s request that FMCSA extend the 

exemption the Agency provisionally 

renewed Prime’s exemption for 5 years, 

from June 28, 2022 through June 27, 

2027 (87 FR 38449), for essentially the 

same reasons as the provisional renewal 

granted to CRST in 2022. The Prime 

exemption requests and the notices of 

FMCSA’s disposition are available in 

the docket for this rulemaking. 

Waivers—§ 383.25(a)(1) 

On March 28, 2020, FMCSA issued a 

waiver from the requirement under 

§ 383.25(a)(1) that a CLP holder be 

accompanied by a CDL holder, with the 

proper CDL class and endorsements, 

seated in the front seat of the vehicle 

while the CLP holder operates a CMV 

on public roads or highways. Under the 

terms, conditions, and restrictions of the 

waiver, a CLP holder may operate a 

CMV on public roads or highways 

without an accompanying CDL holder 

present in the front seat of the vehicle, 

provided that the CDL holder is 

elsewhere in the cab. In addition, the 

CLP holder must be in possession of 

evidence from the testing jurisdiction, 

including an authorized third-party 

tester, that the CLP holder has passed 

the CDL driving skills test, and the CLP 

holder has a valid non-CDL driver’s 

license, CLP, and medical certificate. 

The Agency granted the waiver to 

expedite CDL issuance to address 

supply chain disruptions related to the 

COVID–19 national emergency, 

including a shortage of CMV drivers. 

FMCSA re-issued the waiver on June 17, 

2020, September 18, 2021, December 15, 

2020, February 16, 2021, May 26, 2021, 

August 31, 2021, November 29, 2021, 


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February 26, 2022, May 27, 2022, and 

August 31, 2022. The waiver expired on 

November 30, 2022. 

C. Eligibility To Take the CDL Skills Test 

(§ 383.25(e)) 

Currently CLP holders, who have 

passed the required CDL knowledge 

test(s), are not eligible to take the CDL 

skills test within the 14 days following 

initial issuance of the CLP, a set forth in 

§ 383.25(e). When this restriction was 

adopted in the May 2011 final rule, the 

Agency explained the mandatory 

waiting period was necessary to allow 

applicants to obtain sufficient BTW 

training in preparation for the skills test. 

On March 24, 2020, FMCSA issued a 

waiver from this requirement. The 

terms, conditions, and restrictions of the 

waiver afforded States discretion to 

allow CLP holders to take the CDL skills 

test without waiting 14 days after initial 

issuance of the CLP, provided the CLP 

holder had completed applicable ELDT 

requirements set forth in 49 CFR part 

380, subpart F. The Agency re-issued 

the waiver on June 17, 2020, September 

18, 2021, December 15, 2020, February 

16, 2021, May 26, 2021, August 31, 

2021, November 29, 2021, February 26, 

2022, May 27, 2022, and August 31, 

2022. The waiver expired on November 

30, 2022. 

D. CDL Testing Requirements for Out-ofState Driver Training School Students 

(§ 383.79) 

In the May 2011 final rule, FMCSA 

adopted a provision permitting a State 

to administer the CDL skills test in 

accordance with 49 CFR part 383, 

subparts F, G, and H, to an applicant 

who has taken training in that State and 

is to be licensed in another State (i.e., 

the State of domicile). The testing State 

must electronically submit the skills test 

results to the State of domicile in a 

secure and efficient manner. The State 

of domicile must accept the results of a 

CDL skills test administered to an 

applicant by any other State in 

fulfillment of the applicant’s testing 

requirements under § 383.71 and the 

State’s test administration requirements 

under § 383.73. The Agency explained 

that the provision would help CLP 

holders obtain a CDL more efficiently by 

not requiring the applicant to return to 

their State of domicile to take the skills 

test after completing driver training in 

another State. FMCSA further noted 

that, since CMV driving schools 

routinely supply applicants with a truck 

or motorcoach for skills testing 

purposes, requiring these applicants to 

return to the State of domicile to take 

the CDL skills test would result in the 

applicant having to incur the cost and 

inconvenience of securing a CMV in 

which to take the test. 

On March 28, 2020, FMCSA issued a 

waiver from the requirement that the 

applicant must have received training in 

the testing State. Under the terms and 

conditions of this waiver, States could 

elect to administer the CDL skills test to 

any out-of-State CLP holder, regardless 

of where the applicant received driver 

training. FMCSA noted that because the 

regulatory standards set forth in 49 CFR 

part 383, subparts F, G, H, and J set forth 

uniform national knowledge and skills 

testing procedures and antifraud 

measures for the States, the waiver 

would have no negative impact on 

safety. FMCSA noted that the 

requirement in § 383.79(a)(2) that the 

State of domicile must accept the results 

of a driving skills test administered to 

the applicant by any other State, in 

accordance with subparts F, G, and H of 

this part, in fulfillment of the CDL 

applicant’s testing requirements under 

part 383, would continue to apply. The 

Agency re-issued the waiver on June 17, 

2020, September 18, 2021, December 15, 

2020, 

February 16, 2021, May 26, 2021, 

August 31, 2021, November 29, 2021, 

February 26, 2022, May 27, 2022, and 

August 31, 2022. The waiver expired on 

November 30, 2022. 

E. Transport of Empty Passenger CMVs 

by CDL Holders Without a P 

Endorsement (§ 383.93(b)) 

Currently the FMCSRs require that 

CDL holders operating passenger CMVs, 

including school buses, must obtain the 

P endorsement to transport the vehicle. 

In October 2017, NHDOT submitted a 

petition for rulemaking requesting that 

§ 383.93 be amended to permit CDL 

holders who do not have a P 

endorsement to transport empty 

passenger CMVs to repair facilities. 

NHDOT noted that the State’s rural 

agencies have encountered hardships 

based on the requirement for the driver 

to have a P endorsement on their CDL 

because, while mechanics generally 

have a CDL, they typically do not have 

a P endorsement. As a result, the State 

agency must either incur the expense of 

having the vehicle towed to the repair 

site or locate a driver with a P 

endorsement on their CDL who can 

drive the CMV to the repair site. 

NHDOT noted that the current 

requirement for a P endorsement does 

not seem necessary when there are no 

passengers onboard. NHDOT’s petition 

for rulemaking is available in the docket 

for this rulemaking. 

In 2019, the Agency received multiple 

requests for exemption from the 

requirement that a CDL holder 

transporting an empty bus be required 

to have a P endorsement. On August 13, 

2019, the Agency responded to those 

requests by posting an enforcement 

notice on FMCSA’s website announcing 

that the Agency does not intend to take 

enforcement action against CDL holders 

driving an empty bus from the 

manufacturer to the local distributor or 

in a driveaway-towaway operation 

without the P and S endorsements, 

provided the driver possesses a bill of 

lading showing the trip is for delivery 

only. The enforcement notice is 

available at https://www.fmcsa.dot.gov/ 

mission/chief-counsel/enforcementnotice. 

In March 2022, FMCSA granted 

NHDOT’s petition for rulemaking to 

amend § 383.93 to permit CDL holders 

to operate a passenger CMV without 

having a P endorsement on their CDL 

when the driver is transporting the 

vehicle to a repair facility and the 

vehicle has no passengers onboard. The 

proposed amendment to § 389.93(b) is 

based, in part, on NHDOT’s petition. 

VI. Discussion of Proposed Rulemaking 

The Agency proposes to improve the 

efficiency and convenience of obtaining 

a CDL by increasing flexibilities in 

certain CDL licensing processes, 

without negatively impacting safety. 

Additionally, the NPRM would 

strengthen the program integrity of CDL 

knowledge tests administered by thirdparty examiners and provide flexibility 

for CDL holders transporting empty 

passenger CMVs. As discussed above, 

the proposed revisions stem from the 

temporary regulatory relief FMCSA 

provided in response to the impact of 

the COVID–19 public health emergency 

on SDLAs’ operations and on the supply 

chain and from petitions for rulemaking 

submitted by ATA and NHDOT. 

A. Definitions 

The NPRM would add two new 

definitions to § 383.5: (1) third-party 

knowledge examiner, defined as ‘‘a 

person employed by a third-party 

knowledge tester who is authorized by 

the State to administer the CDL 

knowledge tests specified in subparts G 

and H of this part;’’ and (2) third-party 

knowledge tester, defined as ‘‘a person 

(including, but not limited to, another 

State, a motor carrier, a private driver 

training facility or other private 

institution, or a department, agency or 

instrumentality of a local government) 

authorized by the State to employ 

knowledge test examiners to administer 

the CDL knowledge tests specified in 

subparts G and H of this part.’’ The 

addition of these terms is necessary to 

accommodate the proposed revisions 


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5 Ibid. 

6Under § 383.25(a)(5)(i) and (ii) respectively, CLP 

holders are prohibited from operating a CMV 

carrying passengers or a school bus carrying 

passengers. For purposes of the prohibition, 

Federal/State auditors and inspectors, test 

examiners, other trainees, and the CDL holder 

accompanying the CLP holder as prescribed by 

paragraph (a)(1), are not considered passengers. 

Under § 383.25(a)(5)(iii) a CLP holder 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. 

7 49 CFR 383.79(b) currently addresses CDL 

application requirements for active duty military 

service members. The NPRM does not propose to 

amend those provisions. 

pertaining to third-party knowledge 

testing, as described below. 

FMCSA also proposes to revise the 

current term third-party tester to read 

third-party skills tester in light of the 

added definition for third-party 

knowledge test examiner. 

B. CLP Holders Who Have Passed the 

Skills Test 

Currently, a CLP is considered a valid 

CDL to operate a CMV on public roads 

or highways only for the purpose of 

BTW training, subject to certain 

conditions. One of those conditions, set 

forth in § 383.25(a)(1), states that the 

CLP holder must at all times be 

accompanied by the holder of a valid 

CDL who has the proper CDL group and 

endorsement(s) necessary to operate the 

CMV. The CDL holder must at all times 

be physically present in the front seat of 

the vehicle next to the CLP holder or, 

in the case of a passenger CMV, directly 

behind or in the first row behind the 

driver and must have the CLP holder 

under observation and direct 

supervision. When adopting this 

requirement in the May 2011 final rule, 

FMCSA noted that it would not be safe 

to permit an inexperienced driver who 

has not passed the skills test to operate 

a CMV unaccompanied.5

The Agency proposes to amend 

§ 383.25(a)(1) by adding an exception 

permitting a CLP holder who has passed 

the skills test to operate a CMV for 

purposes other than BTW training 

without having a CDL holder sitting in 

the front passenger seat or to operate an 

empty passenger CMV, including a 

school bus, or an empty tank vehicle,6

without a CDL holder seated directly 

behind, or in the first row behind, the 

CLP holder. The proposed exception 

would apply only if the CLP holder has 

already passed the skills test, possesses 

documentary evidence from the testing 

State of having passed the skills test, 

and the holder of a valid CDL is 

physically present in the CMV. The 

Agency believes the proposed revision 

would not negatively affect safety, 

because, by passing the skills test, the 

CLP holder has demonstrated their 

ability to safely operate the CMV. 

While the Agency anticipates this 

flexibility would be used primarily by 

CLP holders who pass the skills test in 

a State other than their State of 

domicile, the exception also applies 

when a CLP holder passes the skills test 

in their State of domicile. For example, 

if a CLP holder passes the skills test 

administered by a third-party skills test 

examiner at a testing site located miles 

from the nearest SDLA, the CLP holder 

could operate a CMV under this 

exception. The Agency notes that CLP 

holders who pass the skills test in their 

State of domicile and receive a 

temporary CDL authorizing them to 

operate a CMV until they receive the 

CDL credential in the mail would not 

need to use the exception because they 

would no longer be CLP holders. 

The NPRM would provide flexibility 

for CLP holders, who, for example, 

obtain driver training outside their State 

of domicile by allowing them to be 

productively employed as a CMV driver 

before formally receiving the CDL 

document issued by their State of 

domicile. As noted above in the 

discussion of the previously granted 

exemptions from § 383.25(a)(1), CLP 

holders operating under the exception 

could function as part of a team of 

drivers to transport cargo until they 

receive the CDL credential from their 

State of domicile. The proposed 

exception may therefore ease supply 

chain disruptions related to CMV driver 

shortages while retaining an adequate 

assurance of safety provided by the 

conditions under which these 

operations are allowed. 

C. Eligibility To Take the CDL Skills Test 

Currently, applicants who obtain a 

CLP after passing the required 

knowledge test(s) are not eligible to take 

the CDL skills test during the 14 days 

following initial issuance of the CLP, as 

set forth in § 383.25(e). The purpose of 

this mandatory waiting period is to 

allow time for applicants to obtain CMV 

driver training in preparation for taking 

the skills test. On February 7, 2022, 

FMCSA implemented ELDT standards, 

including required BTW training on a 

driving range and on public roads, set 

forth in 49 CFR part 380, appendices A 

through D. States must verify that CLP 

holders completed the required ELDT 

before administering the skills test, as 

set forth in § 383.73(b)(11). The Agency 

therefore proposes to remove paragraph 

(e) because the 14-day waiting period is 

no longer necessary. The elimination of 

the mandatory waiting period would 

permit applicants who successfully 

complete the performance-based BTW 

training less than 14 days after initial 

issuance of the CLP to obtain a CDL 

sooner than they can today. The Agency 

notes that the ELDT regulations do not 

prohibit applicants from scheduling the 

skills test before they have completed 

ELDT, which further increases the 

efficiency of the skills testing process. 

D. CDL Skills Testing for Out-of-State 

Applicants 

Section 383.79(a)(1) permits, but does 

not require, an SDLA to allow an outof-State CDL applicant to take the CDL 

driving skills test if the applicant also 

received training in that State. The skills 

test must be administered in accordance 

with 49 CFR part 383, subparts F, G, and 

H and test results must be transmitted 

electronically directly from the testing 

State to the licensing State (i.e., State of 

domicile) in a direct, efficient, and 

secure manner. The NPRM proposes to 

remove the restriction that the out-ofState applicant must have obtained 

training in the testing State to take the 

CDL skills test in the testing State. 

SDLAs thus would be permitted to 

administer the CDL driving skills test to 

out-of-State CDL applicants regardless 

of where the applicant received driver 

training. The requirement that the State 

of domicile accept the skills test results 

in fulfillment of the applicant’s testing 

requirements under § 383.71, and the 

State’s testing administration 

requirements under § 383.73, as 

currently set forth in § 383.79(a)(2), 

would remain unchanged.7

FMCSA proposes this revision so that 

CDL applicants can complete the 

required skills testing as soon as 

possible without compromising 

highway safety. Under the proposal, 

CLP applicants would be free to 

schedule their skills test according to 

their needs or convenience. As noted 

above, the testing State may, for 

example, be where an applicant 

obtained training and has access to a 

CMV in which to take the skills test, or 

it may be a neighboring State with a 

shorter wait list for securing a skills test 

appointment than the applicant’s State 

of domicile. In any event, the 

requirement that training must occur in 

the testing State is no longer necessary 

with implementation of FMCSA’s 

uniform minimum ELDT requirements 

on February 7, 2022. Applicants must 

now comply with the Federal ELDT 

standards, set forth in 49 CFR part 380, 

subpart F, before taking the skills test, 

thereby ensuring qualified applicants. 


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8See, 58 FR 60734, 60739 (Nov. 17, 1993). 

Under the proposal, the testing State 

must continue to administer the skills 

test in accordance with existing 

requirements in 49 CFR part 383, 

subparts F, G, and H, which would 

ensure consistency in skills test 

execution. 

The Agency requests comment from 

SDLAs concerning the operational 

impact of this proposed revision on 

either the testing State or the State of 

domicile. 

E. Third-Party Knowledge Examiners 

and Testers 

As explained above in Section V., in 

accordance with FMCSA’s regulatory 

guidance issued on February 3, 2022, a 

State’s discretionary use of third-party 

knowledge examiners is not prohibited 

by statute or regulation. States may 

therefore permit third-party knowledge 

examiners to administer the knowledge 

test for CDL classes and endorsements. 

Currently there are no regulatory 

requirements governing a State’s use of 

third-party knowledge examiners. The 

February 2022 guidance represented a 

change in the Agency’s position on 

States’ use of third-party knowledge 

examiners, rescinding previous 

guidance, initially issued in 1993 by the 

Federal Highway Administration,8

FMCSA’s predecessor agency, stating 

that States should not permit third-party 

knowledge testing outside the presence 

of a State knowledge examiner. In 

explaining that change, FMCSA noted 

that it planned to undertake a 

rulemaking to establish standards for 

States opting to permit the CDL 

knowledge test to be administered by 

third-party examiners. 

In the interim, FMCSA provided 

guidance to the States recommending, 

but not requiring, best practices for 

States allowing third-party knowledge 

testing, including following the training, 

certification, and record check 

requirements currently applicable to 

State knowledge examiners and the 

auditing and monitoring requirements 

currently applicable to third-party skills 

examiners and testers. Both the 

February 2022 notice of regulatory 

guidance and FMCSA’s subsequent 

‘‘best practices’’ guidance are available 

in the docket for this rulemaking. 

Consistent with the current regulatory 

guidance, the NPRM proposes that 

States permitting third-party examiners 

to administer CDL knowledge tests be 

subject to the same training (including 

refresher training), testing, certification, 

and criminal background check 

requirements applicable to State 

knowledge examiners, as set forth in 

§ 384.228, and the auditing and 

monitoring requirements applicable to 

third-party skills examiners, as set forth 

in § 384.229. Because certain provision 

of § 384.228 already apply to third-party 

skills examiners, FMCSA proposes to 

except certified third-party skills test 

examiners who also administer the 

knowledge tests from those provisions 

to avoid the application of duplicative 

requirements. Additionally, FMCSA 

proposes to establish the conditions 

under which States would be authorized 

to permit third-party knowledge testing, 

which currently apply only to thirdparty skills testing, as set forth in 

§ 383.75. The NPRM would add a new 

requirement that third-party knowledge 

testing be administered electronically 

and securely to minimize the 

opportunity for negligence or fraud that 

may exist when knowledge tests are 

administered on paper. 

The Agency believes application of 

these standards to third-party 

knowledge examiners and testers would 

further ensure the integrity of the 

knowledge testing program, just as the 

requirements in § 384.228 ensure that 

State knowledge examiners are 

adequately trained and otherwise 

qualified, and as §§ 384.229 and 383.75 

currently ensure the integrity of thirdparty skills testing. 

FMCSA invites comment on the 

proposed applicability of these 

standards to third-party knowledge 

examiners and testers. 

F. P Endorsement Requirements 

In accordance with § 383.93(b)(2) and 

(5), CDL holders transporting CMVs 

designed to carry passengers, including 

school buses, must have a P 

endorsement. Pursuant to § 393.93(c)(2), 

drivers must pass a specialized 

knowledge test and pass the skills test 

to obtain the P endorsement. Under 

§ 383.117, the P endorsement 

knowledge test topics include loading/ 

unloading passengers, dealing with 

unruly passengers, procedures for an 

emergency evacuation of the vehicle, 

and other operating practices and 

procedures. The applicant must take the 

P endorsement skills test in a passenger 

vehicle satisfying the requirements of 

the vehicle group (e.g., Group B). The P 

endorsement is intended primarily to 

ensure the driver has the necessary 

skills and knowledge to safely transport 

passengers and does not otherwise 

require additional on-road driving skills 

beyond those already required to hold a 

CDL of the appropriate class. As 

discussed above, the Agency’s current 

enforcement policy permits a CDL 

holder to transport a passenger CMV 

without having the P endorsement on 

their CDL when the vehicle is being 

delivered to a distributor from the 

manufacturer, or in a driveawaytowaway operation, when there are no 

passengers in the vehicle except the 

driver and the driver possesses a bill of 

lading or other documentation 

indicating the trip is for delivery only. 

FMCSA proposes to amend § 383.93(b) 

to create an exception to the 

requirement that CDL holders have a P 

endorsement to operate an empty 

passenger CMV, including an empty 

school bus, when the vehicle is being 

transported for delivery or in a 

driveaway-towaway operation, as 

defined in § 390.5T. FMCSA notes that 

an S endorsement is not required to 

operate an empty school bus because 

the S endorsement is required only 

when the bus is transporting preprimary, primary, or secondary school 

students from home to school, school to 

home, or to and from school-sponsored 

events, as set forth in the definition of 

school bus in § 383.5. 

The Agency proposes this change to 

provide enhanced flexibility in the 

delivery of empty passenger CMVs to a 

distributor or a repair facility without 

compromising passenger safety. FMCSA 

emphasizes that the underlying CDL 

requirements are unaffected by the 

proposed change; the driver must 

possess a CDL of the appropriate class 

for operating the passenger CMV, such 

as a Class B CDL to operate a 

motorcoach. As NHDOT noted in its 

petition for rulemaking, while 

mechanics generally have a valid CDL, 

most do not have the P endorsement. 

The proposed change would facilitate 

the limited transportation of passenger 

CMVs, thereby ensuring the timely 

delivery of the vehicle from the 

manufacturer or the delivery of the 

vehicle to effect necessary repairs. In 

addition, the proposed amendment 

would allow for timely removal of a 

damaged (but still drivable) vehicle 

from the roadside following a crash. The 

Agency concludes that delivery 

documentation referenced in the current 

guidance, such as a bill of lading, need 

not be a regulatory requirement. As 

explained above, in FMCSA’s judgment, 

an empty passenger CMV can be 

transported by a driver holding only a 

CDL of the appropriate class with no 

impact on passenger safety. Delivery 

documentation requirements would 

therefore impose administrative burden 

on the transportation of empty CMVs 

without improving safety. 

The Agency requests comment on the 

proposed amendment. 


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G. Major Issues on Which the Agency 

Seeks Comment 

While the Agency invites comment on 

all aspects of the NPRM, we are 

particularly interested in receiving 

comments that address the following 

issues: 

1. What forms of documentation 

would be acceptable to demonstrate to 

a law enforcement officer or CMV 

inspector that the CLP holder operating 

the CMV has successfully completed the 

CDL skills test? What form of 

documentation did States acting under 

the authority of the waiver or 

exemptions provide for CLP holders 

who passed the skills test in their State? 

2. Should a CLP holder be permitted 

to operate a CMV under the proposed 

exception to § 383.25(a)(1) until the CLP 

expires or should there be a shorter time 

period after passing the skills test that 

the CLP holder must obtain the CDL 

credential? Please explain your answer. 

3. Did SDLAs relying on the waiver 

allowing a CLP holder to take the CDL 

skills test without waiting 14 days 

following issuance of the CLP 

experience a change in the applicant 

passing rate for the road test portion of 

the skills test? Were there a large 

number of applicants who took the 

skills test in your State without waiting 

14 days? Did these SDLAs see a 

reduction in skills testing backlogs in 

their State? 

4. Are there safety or operational 

concerns associated with lifting the 

mandatory 14-day waiting period 

between obtaining a CLP and taking the 

CDL skills test? Would your State 

impose a waiting period between CLP 

issuance and the CLP holder taking the 

skills test, even if it was no longer be 

required? Please explain your answer. 

5. The NPRM proposes to permit a 

State to administer the CDL skills test to 

an out-of-State CLP holder who has not 

obtained training in the testing State. If 

adopted, would removing this 

restriction have any impact on your 

State’s decision to permit out-of-State 

CLP holders to take the skills test in the 

State? Please explain your answer. 

6. With a few noted exceptions, the 

NPRM proposes to apply training and 

oversight standards currently applicable 

to third-party skills testers to third-party 

knowledge testers. Do you believe any 

of these existing requirements are not 

relevant to third-party knowledge 

testers? If so, please explain your 

answer. 

7. Should State knowledge examiners 

be included in the auditing and 

monitoring requirements proposed for 

third-party knowledge examiners in 

new § 384.229(b)(2) and (3) to minimize 

fraud? Why or why not? 

8. What form of oversight do States 

currently provide for State knowledge 

examiners? If State knowledge 

examiners were included within the 

scope of the oversight requirements 

proposed in new § 384.229(b)(2) and (3), 

would that result in additional costs for 

the States? If so, please explain and 

estimate the additional costs. 

9. Do you agree or disagree with the 

proposed requirement that CDL 

knowledge tests administered by thirdparty examiners be securely conducted 

electronically to minimize fraud? Please 

explain your answer. 

10. FMCSA is aware that several 

States currently permit third-party 

knowledge testing and that some States 

permitted third party knowledge testing 

in accordance with waivers in effect 

between July 1, 2020, and February 3, 

2022. For these States, do/did you 

permit third-party examiners to 

administer the tests in a physical 

location outside of the SDLA (e.g., a 

testing center)? If not, why not? If so, 

please describe the specific measures 

you take/took to ensure the integrity of 

the third-party knowledge testing 

process in a separate physical location. 

For example, how did/does your State 

verify the applicant’s identity before 

they take the knowledge test and that 

applicants take the test themselves 

without assistance, such as reference 

materials? 

11. Would your State consider 

allowing third-party knowledge testing 

in accordance with the new 

requirements proposed by the NPRM? 

Why or why not? What factors do you 

believe will influence your decision? 

12. The NPRM estimates that the 

proposed application of training, record 

check, and oversight requirements to 

States opting to utilize third-party 

knowledge examiners and testers would 

result in additional costs to those States 

and has preliminarily identified cost 

estimates in this NPRM. Do you agree 

with these estimated costs? Why or why 

not? Do these costs change if the State 

already has an auditing and monitoring 

program for third-party skills 

examiners? 

13. How long would States need to 

adapt their administrative processes and 

procedures to accommodate the 

proposed changes? Would any of the 

proposed changes require a 

modification of SDLAs’ IT systems or a 

change in underlying State law? 

14. Does the proposal to except CDL 

holders transporting empty passenger 

CMVs, including school buses, from 

having a P endorsement in drivewaytowaway operations, or when 

transporting the vehicle from the 

manufacturer to a distributor, raise any 

safety concerns? Why or why not? 

VII. Section-by-Section Analysis 

This section summarizes the changes 

proposed for 49 CFR parts 383 and 384 

in numerical order. 

A. Proposed Changes to Part 383 

Part 383 establishes standards for the 

issuance and administration of CLPs 

and CDLs. The Agency proposes to 

amend Part 383 in the following ways: 

Section 383.5 Definitions 

FMCSA proposes to add definitions of 

the terms third-party knowledge 

examiner (a person employed by a thirdparty knowledge tester who is 

authorized by the State to administer 

the CDL knowledge tests specified in 

subparts G and H of this part) and thirdparty knowledge tester (a person 

(including, but not limited to, another 

State, a motor carrier, a private driver 

training facility or other private 

institution, or a department, agency, or 

instrumentality of a local government) 

authorized by the State to employ thirdparty knowledge examiners to 

administer the CDL knowledge tests 

specified in subpart G and H of this 

part). Additionally, FMCSA would 

revise the current term third party tester 

to read third-party skills tester and add 

a hyphen to the term ‘‘third party’’ in 

the definition of third party skills test 

examiner. 

Section 383.25 Commercial Learner’s 

Permit (CLP) 

FMCSA proposes to revise § 383.25 by 

adding an exception to paragraph (a)(1) 

that would permit CLP holders who 

have passed the relevant CDL skills 

test(s) and possess documentary 

evidence of having done so, to operate 

a CMV on public roads or highways for 

purposes other than BTW training, as 

long as a CDL holder with the proper 

CDL class and endorsements to operate 

the CMV is physically present in the 

vehicle. 

The Agency also proposes to amend 

§ 383.25 by removing paragraph (e), 

which states that CLP holders are not 

eligible to take the CDL skills test in the 

14 days following initial issuance of the 

CLP. 

Section 383.75 Third Party Testing 

The NPRM proposes to amend 

§ 383.75 by consolidating existing 

paragraphs (a) through (c) into new 

paragraph (a) and adding a new 

paragraph (b). Proposed new paragraph 

(a) would contain the current auditing 

and monitoring requirements applicable 

to third party skills testers as set forth 


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in current paragraphs (b) and (c). New 

paragraph (b) would contain auditing 

and monitoring requirements for States 

choosing to authorize third party 

knowledge testers and examiners. 

Section 383.75 currently imposes 

auditing and monitoring requirements 

only on States that rely on third party 

skills testers and examiners. The 

proposed oversight requirements in new 

paragraph (b) governing a State’s use of 

third party knowledge testers would be 

based on the relevant provisions now 

applicable to third party skills testers. 

FMCSA also proposes to add a 

requirement that all knowledge tests 

administered by third party examiners 

be conducted electronically. The NPRM 

also proposes that the title of § 383.75 be 

changed from ‘‘Third party testing’’ to 

‘‘Third party skills and knowledge 

testing’’ to reflect the proposed addition 

of new paragraph (b). 

Section 383.79 Driving Skills Testing 

of Out-of-State Students; Knowledge 

and Driving Skills Testing of Military 

Personnel 

FMCSA proposes to revise 

§ 383.79(a)(1), by removing the 

restriction requiring an applicant taking 

the CDL skills test in a State other than 

the licensing State (i.e., the applicant’s 

State of domicile) to have obtained 

training in the testing State. Under the 

proposed revision, CDL applicants 

would be able to take the skills test in 

any State, regardless of where they 

obtained driver training. 

Section 383.93 Endorsements 

The NPRM proposes to amend 

§ 383.93(b), which requires drivers to 

obtain State-issued endorsements to 

their CDL when operating specified type 

of CMVs, including passenger CMVs 

(§ 383.93(b)(2)) and school buses 

(§ 383.93(b)(5)). The amendment would 

create an exception from the 

requirement that a driver obtain a P 

endorsement when operating passenger 

CMVs, including school buses, when 

the vehicle is empty of all passengers 

other than the driver and is being 

transported from the manufacturer to a 

distributor, or in a driveway-towaway 

operation, as defined in § 390.5T. 

B. Proposed Changes to Part 384 

Part 384 establishes standards and 

procedures to ensure that the States 

comply with 49 U.S.C. 31311(a), which 

sets forth the requirements for States’ 

participation in the CDL program and 

specifies the consequences of State 

noncompliance. The Agency proposes 

to amend part 384 in the following 

ways: 

Section 384.228 Examiner Training 

and Record Checks 

This section requires States to follow 

certain examiner training and record 

check protocols for State knowledge and 

skills examiners and third-party skills 

examiners. The Agency proposes to 

include third party knowledge 

examiners within the scope of the 

training and record check requirements 

now applicable to State knowledge 

examiners, as set forth in § 384.228(a) 

through (c) (training standards and 

content, completion of formal training 

course, passing the course exam, and 

the State’s certification of the examiner); 

(f)(1) (completion of refresher training 

every four years); (f)(3) and (4) (refresher 

training course content); (h) (nationwide 

criminal background checks); (i) (State’s 

retention of records related to examiner 

background checks training, and 

certification; (j) State’s recission of 

examiner certification for any examiner 

failing to complete mandatory refresher 

training; and (k) (required examiner 

training content may be supplemented 

by State-specific material related to 

administering CDL knowledge and skills 

tests). Most of these requirements 

currently apply to State and third-party 

skills test examiners as well as State 

knowledge examiners. The Agency does 

not intend to impose duplicative 

training and record check requirements 

on certified skills test examiners who 

also administer knowledge tests. 

Accordingly, to the extent that certified 

skills test examiners are already subject 

to the provisions of § 384.228 listed 

above, States would be excepted from 

the training and record check 

requirements regarding third-party 

knowledge examiners. 

Additionally, FMCSA proposes to 

remove paragraph (g), which requires 

States to conduct criminal background 

checks of all skills test examiners prior 

to certifying them to administer skills 

tests. This provision, originally adopted 

in the May 2011 final rule, is no longer 

necessary in light of current paragraph 

(h), subsequently amended in 2013 to 

require, in paragraph (h)(1), that 

criminal background checks be 

completed for all State and third-party 

test examiners before hiring and, in 

paragraph (h)(2), to require that criminal 

background checks be completed for 

any current State or third-party test 

examiner who has not had a criminal 

background check. FMCSA would also 

revise current paragraph (h)(1) by 

adding an exception from its 

requirements for current third-party 

skills testers who have maintained their 

CDL test examiner certification and 

have already been subject to a 

nationwide criminal background check. 

The remaining paragraphs would be 

renumbered accordingly. 

Section 384.229 Skills Examiner 

Auditing and Monitoring 

FMCSA proposes to amend § 384.229, 

which requires States to conduct 

auditing and monitoring of State and 

third-party skills examiners. The 

proposal would divide this section into 

two paragraphs, one setting forth the 

requirements currently applicable to 

third-party skills test examiners, which 

would remain unchanged, and the other 

setting forth proposed auditing and 

monitoring requirements applicable to 

third-party knowledge examiners. 

VIII. Severability 

As discussed above in Section III. 

Legal Basis, FMCSA is authorized by 49 

U.S.C. chapter 313 to promulgate 

regulations governing the issuance of 

CDLs. The NPRM is also based on 

several concurrent authorities to 

establish minimum standards for the 

fitness of drivers operating CMVs and to 

promulgate standards for the safe 

operation of CMVs. 

Consistent with these statutory 

authorities, the NPRM proposes 

revisions to 49 CFR part 383, 

Commercial Licensing Standards; 

Requirements and Penalties and 49 CFR 

part 384, State Compliance with 

Commercial Driver’s License Program. 

The primary purpose of the NPRM is to 

enhance the flexibility and efficiency of 

the CDL program by proposing the 

removal of several current regulatory 

restrictions without compromising 

safety. The NPRM would improve safety 

by proposing measures to establish 

qualification requirements for thirdparty knowledge examiners and 

monitoring and oversight requirements 

for States choosing to utilize third-party 

knowledge testing. 

The revisions proposed in the NPRM 

primarily pertain to discrete regulatory 

requirements proposed in 49 CFR parts 

383 and 384. Therefore, FMCSA finds 

that the various provisions of the NPRM 

pertaining to 49 CFR part 383 and the 

proposed change to part 384 are 

severable and able to operate 

functionally if severed from each other 

in a final rule resulting from this NPRM. 

In the event a court were to invalidate 

one or more of the unique provisions of 

a final rule, the remaining provisions 

should stand, thus allowing FMCSA to 

continue to fulfill its Congressionally 

authorized role of regulating the 

issuance of CDLs and promoting the safe 

operation of CMVs. 


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9 Information collected by U.S. Department of 

Transportation (DOT), Federal Motor Carrier Safety 

Administration (FMCSA) in March 2021 from the 

American Association of Motor Vehicles 

Administrators (AAMVA). 

IX. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), E.O. 14094 

(Modernizing Regulatory Review), and 

DOT Regulatory Policies and Procedures 

The Office of Information and 

Regulatory Affairs (OIRA) determined 

that this proposed rule is not a 

significant regulatory action under 

section 3(f) of E.O. 12866 (58 FR 51735, 

Oct. 4, 1993), Regulatory Planning and 

Review, as supplemented by E.O. 13563 

(76 FR 3821, Jan. 21, 2011), Improving 

Regulation and Regulatory Review, and 

by E.O. 14094 (88 FR 21879, Apr. 11, 

2023), Modernizing Regulatory Review, 

and does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. This rule 

is also not significant within the 

meaning of DOT regulations (49 CFR 

5.13(a)). Accordingly, OMB has not 

reviewed it under these Orders. 

This proposal would (1) remove the 

restriction allowing a State to 

administer the CDL skills test to a CLP 

holder who is domiciled in another 

State only if the applicant obtained 

training in the testing State; (2) permit 

a CLP holder who has passed the CDL 

skills test to operate a CMV on public 

roads for purposes other than BTW 

training, provided the CLP holder has 

evidence of passing the CDL skills test 

and a qualified CDL holder is physically 

present in the CMV; (3) eliminate the 

requirement that an applicant wait at 

least 14 days to take the CDL skills test 

following initial issuance of the CLP; (4) 

establish qualification requirements for 

third-party CDL knowledge examiners 

and auditing and monitoring 

requirements for States that authorize 

third-party knowledge testing; and (5) 

remove the requirement that a CDL 

holder have a P endorsement when a 

passenger CMV is being transported 

from the manufacturer to a distributor, 

or in a driveaway-towaway operation, 

and the vehicle is not carrying any 

passengers. As discussed below, 

FMCSA believes these changes would 

improve the efficiency and convenience 

of CDL issuance, provide needed 

flexibility for CLP holders who have 

demonstrated their ability to safely 

operate a CMV by passing the CDL skills 

test, and improve highway safety by 

ensuring the integrity of third-party CDL 

knowledge testing. The proposed rule 

could affect States, third-party 

knowledge examiners, CDL applicants, 

P endorsement applicants, and motor 

carriers. 

States 

States that currently choose to allow 

third-party knowledge testing in their 

jurisdiction could be impacted by this 

rule to the extent that the proposed 

requirements differ from current State 

practices. In accordance with regulatory 

guidance adopted on February 3, 2022, 

States may authorize the use of thirdparty knowledge examiners as long as 

they adhere to the CDL knowledge test 

standards and requirements set forth in 

49 CFR part 383, subparts G and H. 

FMCSA does not presently impose other 

regulatory requirements on States’ use 

of third-party knowledge testing; the 

NPRM would establish such standards. 

FMCSA is aware that following 

publication of the February 3 guidance, 

at least one State passed legislation 

authorizing third-party skills testers to 

administer the CDL knowledge tests in 

that State. The Agency does not know 

whether other States currently permit 

third-party knowledge testing and 

requests comment from States that may 

currently allow this practice. Under the 

proposal, the decision by an SDLA to 

permit third-party examiners to provide 

knowledge tests would be discretionary, 

and FMCSA is therefore unable to 

predict how many SDLAs would permit 

third-party examiners to administer the 

CDL knowledge tests. FMCSA cannot 

predict the number of States that would 

permit third-party testing as proposed in 

the NPRM, but requests comment on the 

number of States that would do so. 

Third-Party Examiners 

Based on a survey conducted by 

American Association of Motor Vehicles 

Administrators (AAMVA) to which 38 

States responded,9 FMCSA estimates 

that there are over 3,000 third-party 

skills test examiners. FMCSA assumes 

that some of these existing third-party 

skills examiners would also become 

third-party knowledge examiners, but 

does not have a basis to estimate the 

number of third-party knowledge 

examiners resulting from this rule. 

CDL Knowledge Test Applicants 

A CDL applicant must hold a CLP in 

order to take the CDL skills test. FMCSA 

estimates that approximately 600,000 to 

700,000 CLPs are issued annually 

nationwide. This estimate is based 

primarily on information from the 

Commercial Driver’s License 

Information System (CDLIS), a 

nationwide computer system, 

administered by the American 

Association of Motor Vehicle 

Administrators, that enables SDLAs to 

ensure that each commercial driver has 

only one driver’s license and one 

complete driver record. A master 

pointer record is typically added to 

CDLIS within 10 days of issuing a CLP 

to a driver who is believed to have never 

held one previously, and is therefore a 

reasonable proxy for estimating the 

number of CDL knowledge test 

applicants. However, FMCSA does not 

anticipate that all of these CDL 

knowledge test applicants would be 

impacted by this rule. 

FMCSA notes that, because the 

Agency cannot estimate the number of 

States that would choose to permit 

third-party knowledge examiners in 

accordance with the proposed rule, the 

extent to which this population would 

be affected by the proposed rule is 

unknown. 

Motor Carriers 

The proposal would permit a CLP 

holder who has passed the CDL skills 

test but has not yet been issued the CDL 

credential to operate a CMV for 

purposes other than BTW training 

without being accompanied by a CDL 

holder in the front passenger seat or, in 

the case of a passenger-carrying CMV, 

directly behind or in the first row 

behind the driver, as long as a CDL 

holder is present in the vehicle. Motor 

carriers may be affected by this 

proposal, if they currently employ CLP 

drivers that have passed the skills test 

but have not yet obtained the CDL 

credential from their State of domicile. 

Other than the number of impacted 

drivers estimated in the exemption 

applications submitted by CRST, CR 

England, and Prime, FMCSA is unable 

to predict the overall population of 

drivers that could be impacted by this 

provision. Additionally, FMCSA does 

not know how many CLP holders have 

passed their skills test but have not yet 

received their CDL credential, or how 

many trips would be affected by this 

proposed change. 

Costs, Benefits and Transfer Payments 

Costs 

This proposal would remove current 

regulatory restrictions related to CDLs 

and CLPs and impose standards for 

third-party knowledge examiners and 

monitoring and auditing requirements 

applicable to States choosing to allow 

third-party knowledge testing. It could 

result in costs to third-party examiners 

and States, and may result in savings to 

motor carriers and drivers. 


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10U.S. Department of Labor (DOL), Bureau of 

Labor Statistics (BLS). Occupational Employment 

and Wage Statistics (OEWS). National. May 2022. 

Available at: https://www.bls.gov/oes/current/oes_

nat.htm (accessed September 8th, 2023). 

Under the proposal, third-party 

knowledge examiners would be 

required to take a 20-hour training 

course every 3 years in order to 

administer knowledge tests. There is not 

a specific skill set required to be a 

knowledge test examiner, and many 

different occupations could proctor 

knowledge test exams. For illustrative 

purposes, FMCSA estimates that 

training and development managers 

(BLS 11–3131) with a fully loaded wage 

rate of $99 ($99 = $57.69 + ($57.69 × 

0.505 fringe benefit rate) + ($57.69 × 

0.21 overhead rate) would undergo the 

20-hour training course and become 

third-party knowledge test examiners.10

FMCSA assumes that this training is 

provided online and would not require 

travel expenses. Therefore, the cost for 

each examiner would be $1,980 ($99 × 

20). FMCSA estimates that 1⁄3 of the 

14,000 examiners, or 4,667, would take 

the training each year, at a cost of 

approximately $9.2 million per year, or 

$92.4 million over the 10-year analysis 

period. FMCSA estimates that the 10- 

year cost of this provision would total 

$81 million discounted at 3 percent, and 

$69 million discounted at 7 percent. 

Annualized costs would total $9.24 

million discounted at 3 percent and 

$9.24 million discounted at 7 percent 

(all in 2021 dollars). FMCSA proposes 

to further require that the State certify 

that each third-party knowledge 

examiner has completed a formal CDL 

knowledge test examiner training 

course. 

FMCSA is proposing that knowledge 

tests be administered electronically but 

is not proposing requirements on the 

physical location of the knowledge 

testing site. For instance, FMCSA could 

require that knowledge tests are taken in 

person at a designated physical location 

other than the SDLA or allow thirdparty knowledge test administrators to 

proctor exams without a State employee 

being present. FMCSA requests 

comments on these alternatives, and 

whether remote physical testing site 

requirements should be adopted. 

States that opt to allow third-party 

knowledge testing would be required to 

develop an auditing and monitoring 

program to ensure the integrity of the 

knowledge testing program. FMCSA 

assumes that States with existing thirdparty skills testing programs already 

have auditing programs in place. 

FMCSA requests comment on the 

additional burden of creating a thirdparty knowledge testing auditing 

process for these States. FMCSA also 

requests comment on whether States 

that do not have third-party skills 

testing programs would initiate a thirdparty knowledge testing program, and 

on the cost to set up and administer an 

auditing program. Further, at least one 

State has indicated that the proposed 

changes could reduce demands on 

SDLA service centers, resulting in a cost 

savings, by a reduction in Stateadministered knowledge exams. FMCSA 

requests comment on this issue. FMCSA 

invites comment on whether the Agency 

should include State knowledge 

examiners in the auditing and 

monitoring requirements proposed for 

third-party knowledge examiners, 

which would be a new requirement 

imposed on States. FMCSA seeks 

comment on costs associated with any 

existing auditing and monitoring 

programs that States may have for 

knowledge test examiners, and on the 

additional costs that would result 

should FMCSA impose such 

requirements. 

The proposal would result in cost 

savings for motor carriers and drivers 

because, after the CLP holder passes the 

skills test, the CDL holder would be 

allowed to rest in the sleeper berth, 

thereby saving on-duty time under the 

HOS rules that would otherwise be lost 

riding in the passenger seat, overseeing 

the CLP holder. The proposed change 

would therefore allow the CLP holder, 

with proof of a passing CDL skills test, 

to operate the vehicle in a wage-earning 

capacity. FMCSA does not know how 

many CLP drivers pass their skills test 

but do not immediately receive their 

CDL credential, nor does FMCSA know 

the number of vehicle miles or trips that 

might be impacted by this rule. As such, 

FMCSA cannot estimate the cost savings 

that could result from this provision but 

requests comment on the impact of this 

proposed change. 

Lastly, this proposed rule clarifies 

that CDL holders who have not obtained 

the P endorsement may operate an 

empty passenger CMV, including a 

school bus, from the manufacturer to the 

distributor or in a driveaway-towaway 

operation. This proposed change, which 

is consistent with FMCSA’s current 

enforcement policy, reflects the fact that 

the P endorsement is intended primarily 

to ensure the driver has the necessary 

skills and knowledge to safely transport 

and evacuate passengers. The proposed 

regulatory change would clarify that the 

driver is not required to have a P 

endorsement when transporting an 

empty passenger CMV, which could 

allow for an increase in cost savings 

without impacting passenger safety. 

Motor carriers would no longer need to 

incur the expense of having the vehicle 

towed to the repair site or locating a 

driver with a P endorsement on their 

CDL who can drive the CMV to the 

repair site. The proposed amendment 

would ensure consistency of 

enforcement and broaden stakeholder 

awareness of this flexibility. 

Benefits 

As discussed above, FMCSA believes 

that the proposal would improve 

highway safety by enhancing the 

integrity of third-party CDL knowledge 

testing. The proposal would also create 

positive change for drivers, industry 

stakeholders, and SDLAs by expanding 

knowledge and skills test accessibility, 

permitting CDL holders to operate 

empty passenger CMVs in limited 

circumstances without obtaining the P 

endorsement, and eliminating the 14- 

day waiting period between receiving a 

CLP and taking the CDL skills test. 

Third-party knowledge testing would 

provide additional flexibility for CLP 

applicants, who may be able to obtain 

their CLP sooner from a third-party 

examiner than by taking the tests at the 

SDLA. The knowledge tests 

administered by third-party examiners 

would be subject to the same testing 

standards and methods used by State 

knowledge examiners, as set forth in 49 

CFR part 383 subparts G and H. The 

NPRM proposes that knowledge tests 

given by third parties be administered 

electronically, minimizing opportunity 

for fraud. 

The proposal would expand the 

States’ discretion to provide skills 

testing to out-of-State applicants, 

regardless of the State in which training 

was obtained. This provision would 

expand skills test accessibility, allowing 

applicants to obtain a CDL sooner by 

scheduling the skills test in a State with 

shorter waiting times. All States must 

conduct skills testing, in accordance 

with the uniform minimum 

requirements set forth in 49 CFR part 

383, subparts G and H. Thus, the State 

in which skills testing occurs does not 

impact how the driver’s skills are 

evaluated during the test. 

The P endorsement is intended to 

ensure that the driver has the 

knowledge and skills necessary to safely 

transport passengers and to evacuate the 

CMV in case of emergency. The 

proposed change would therefore 

enhance flexibility in the transport of 

empty passenger CMVs to distributors, 

dealers, purchasers, and repair facilities 

without compromising passenger safety. 

Lastly, the elimination of the 

mandatory 14-day waiting period 

between initial issuance of the CLP and 

taking the CDL skills test would permit 


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11A major rule means any rule that OMB finds 

has resulted in or is likely to result in (a) an annual 

effect on the economy of $100 million or more; (b) 

a major increase in costs or prices for consumers, 

individual industries, geographic regions, Federal, 

State, or local government agencies; or (c) 

significant adverse effects on competition, 

employment, investment, productivity, innovation, 

or on the ability of United States-based enterprises 

to compete with foreign-based enterprises in 

domestic and export markets (49 CFR 389.3). 

12Public Law 104–121, 110 Stat. 857 (Mar. 29, 

1996). 

applicants who successfully complete 

the performance-based BTW range and 

road training in less than 14 days to 

obtain a CDL and be productively 

employed sooner than they can today. 

Following the implementation of the 

ELDT regulations in February 2022, this 

waiting period is no longer necessary. 

The Agency has not identified any other 

positive or negative benefits to society 

that would result from this proposed 

change to § 383.25(e). 

Transfer Payments 

There are also certain transfer 

payment effects that may occur as a 

result of this proposed rule. Transfer 

payments are monetary payments from 

one group to another that do not affect 

total resources available to society, and 

therefore do not represent actual costs 

or benefits of the rule. SDLAs currently 

incur costs and receive fees to 

administer knowledge tests to CLP 

applicants. If a State chooses to allow 

third-party examiners to administer the 

knowledge test to CLP applicants, CLP 

applicants would no longer be required 

to take the knowledge test at the SDLA, 

streamlining the process to begin CDL 

driver training. In this instance, the cost 

of providing the knowledge test and the 

associated revenue for the provision of 

that service would be transferred to the 

third-party tester. The Agency is unable 

to predict the amount of these transfer 

payments as they would occur only in 

those States allowing third-party 

examiners to administer the knowledge 

test. 

B. Congressional Review Act 

This rule is not a major rule as 

defined under the Congressional Review 

Act (5 U.S.C. 801–808).11

C. Advance Notice of Proposed 

Rulemaking 

Under 49 U.S.C. 31136(g), FMCSA is 

required to publish an advance notice of 

proposed rulemaking (ANPRM) or 

proceed with a negotiated rulemaking, if 

a proposed rule is likely to lead to the 

promulgation of a major rule. As this 

proposed rule is not likely to result in 

the promulgation of a major rule, the 

Agency is not required to issue an 

ANPRM or to proceed with a negotiated 

rulemaking. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) (RFA), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996,12

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 (5 U.S.C. 

601(6)). Accordingly, 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. 

Affected Small Entities 

This rule has the potential to impact 

States, third-party knowledge 

examiners, CDL skills test applicants, 

and motor carriers. Under the standards 

of the RFA, as amended, States are not 

small entities because they do not meet 

the definition of a small entity in section 

601 of the RFA. Specifically, States are 

not small governmental jurisdictions 

under section 601(5) of the RFA, both 

because State government is not among 

the various levels of government listed 

in section 601(5), and because, even if 

this were the case, no State, including 

the District of Columbia, has a 

population of less than 50,000, which is 

the criterion to be a small governmental 

jurisdiction under section 601(5) of the 

RFA. 

CDL applicants are not considered 

small entities because they do not meet 

the definition of a small entity in 

Section 601 of the RFA. Specifically, 

drivers are considered neither a small 

business under Section 601(3) of the 

RFA nor a small organization under 

Section 601(4). 

Under the RFA, as amended, motor 

carriers and third-party knowledge 

testers may be considered small entities 

based on the SBA-defined size 

standards used to classify entities as 

small. SBA establishes separate 

standards for each industry, as defined 

by the North American Industry 

Classification System (NAICS). This rule 

could affect motor carriers in many 

different industry sectors in addition to 

the Transportation and Warehousing 

sector (NAICS sectors 48 and 49); for 

example, the Construction sector 

(NAICS sector 23), the Manufacturing 

sector (NAICS sectors 31, 32, and 33), 

and the Retail Trade sector (NAICS 

sectors 44 and 45). FMCSA anticipates 

that third-party knowledge testers 

would largely be employed by testing 

entities that currently employ thirdparty skills examiners. Many third-party 

skills examiners are also training 

providers at universities, technical and 

trade schools, and other training 

focused institutions that operate within 

the Educational Services sector (NAICS 

sector 61). Industry groups within these 

sectors have size standards for 

qualifying as small based on the number 

of employees (e.g., 500 employees), or 

on the amount of annual revenue (e.g., 

$27.5 million in revenue). Not all 

entities within these industry sectors 

will be impacted by this rule, and 

therefore FMCSA cannot determine the 

number of small entities based on the 

SBA size standards. 

Impact 

CDL knowledge test examiners may 

incur training costs in order to provide 

knowledge test exams to CLP 

applicants. To determine if this impact 

would be significant, FMCSA considers 

the impact as a percentage of annual 

revenue and estimates the impact to be 

significant if it surpasses one percent of 

revenue. For each knowledge test 

examiner, the knowledge tester would 

incur an opportunity cost of 

approximately $1,980 ($99 × 20 hours). 

The knowledge test examiner would 

need to have annual revenue below 

$198,000 ($1,980 ÷ 0.01) in order for 

this impact to reach the threshold of 

significance. Similarly, if a knowledge 

test examiner employed 10 affected 

employees, the annual opportunity cost 

would be $19,800 ($99 × 20 hours × 10 

examiners) and would need to have 

annual revenue below $1.9 million in 

order for the impact to be considered 

significant. FMCSA considers it 

unlikely that a CDL knowledge tester 

would be able to operate with such low 

revenues, and as such does not 

anticipate that this rule would result in 

a significant impact on small CDL 

knowledge testers. 

Motor carriers could experience 

opportunity cost savings if team drivers 

can work more efficiently when a driver 

with a CLP can operate the CMV after 

passing the skills test but before 

receiving the CDL credential. For 

example, a CDL holder could rest in the 

sleeper berth while the CLP driver with 

proof of a passing CDL skills test could 

operate the vehicle in a wage-earning 

capacity. FMCSA does not know how 

many CLP drivers pass their skills test 

but do not immediately receive their 

CDL credential, nor does FMCSA know 

the number of vehicle miles or trips that 


khammond on DSKJM1Z7X2PROD with PROPOSALS
7340 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

13Public Law 104–121, 110 Stat. 857 (Mar. 29, 

1996). 

might be impacted by this rule. As such, 

FMCSA cannot estimate the cost savings 

that could result from this provision but 

anticipates that any cost savings would 

be below one percent of annual revenue 

for most motor carriers. 

Therefore, I hereby certify that this 

rule will not have a significant impact 

on a substantial number of small 

entities. 

E. Assistance for Small Entities 

In accordance with section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996,13

FMCSA wants to assist small entities in 

understanding this proposed rule so 

they can better evaluate its effects on 

themselves and participate in the 

rulemaking initiative. If the proposed 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

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 

(Office of the National Ombudsman, see 

https://www.sba.gov/about-sba/ 

oversight-advocacy/office-nationalombudsman) 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. 

F. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) (UMRA) 

requires Federal agencies to assess the 

effects of their discretionary regulatory 

actions. 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 

$192 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2022 levels) or 

more in any 1 year. Though this NPRM 

would not result in such an 

expenditure, and the analytical 

requirements of UMRA do not apply as 

a result, the Agency discusses the effects 

of this rule elsewhere in this preamble. 

G. Paperwork Reduction Act 

This proposed rule contains 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). As defined 

in 5 CFR 1320.3(c), collection of 

information comprises reporting, 

recordkeeping, monitoring, posting, 

labeling, and other similar actions. The 

title and description of the information 

collection, a description of those who 

must collect the information, and an 

estimate of the total annual burden 

follow. The estimate covers the time for 

reviewing instructions, searching 

existing sources of data, gathering and 

maintaining the data needed, and 

completing and reviewing the 

collection. 

Title: Commercial Driver Licensing 

and Testing Standards. 

OMB Control Number: 2126–0011. 

Summary of the Information 

Collection: This is to request OMB’s 

approval for the revision of the 

information collection titled 

‘‘Commercial Driver Licensing and 

Testing Standards,’’ which is currently 

due to expire on April 30, 2025. This 

ICR is being updated to account for the 

proposed changes to regulatory 

requirements in the ‘‘Amendments to 

the Commercial Driver’s License 

Requirements; Increased Flexibility for 

Testing and for Drivers After Passing the 

Skills Test’’ NPRM, as well as updated 

and more recent data that has become 

available following the approval of the 

current supporting statement. This 

current submission includes all 

information collection requirements 

contained in title 49 CFR part 383, titled 

‘‘Commercial Driver’s License 

Standards; Requirements and Penalties’’ 

and title 49 CFR part 384 titled, ‘‘State 

Compliance with Commercial Driver’s 

License Program.’’ 

Need for Information: The licensed 

drivers in the United States deserve 

reasonable assurances that their fellow 

motorists are properly qualified to drive 

the vehicles they operate. In section 

12005 of the CMVSA, the Secretary is 

required to develop minimum Federal 

standards for testing and licensing of 

operators of CMVs. Section 12007 of the 

Act also directed the Secretary, in 

cooperation with the States, to develop 

a clearinghouse to aid the States in 

implementing the one driver, one 

license, and one driving record 

requirement. This clearinghouse is 

known as CDLIS. 

The CMVSA further required each 

person who has their CDL suspended, 

revoked, or canceled by a State, or who 

is disqualified from operating a CMV for 

any period, to notify his or her employer 

of such actions. Drivers of CMVs must 

notify their employers within 1 business 

day of being notified of the license 

suspension, revocation, and 

cancellation, or of the lost right to 

operate or disqualification. These 

requirements are reflected in 49 CFR 

part 383, titled ‘‘Commercial Driver’s 

License Standards; Requirements and 

Penalties.’’ Specifically, § 383.21 

prohibits a person from having more 

than one license; § 383.31 requires 

notification of convictions for driver 

violations; § 383.33 requires notification 

of driver’s license suspensions; § 383.35 

requires notification of previous 

employment; and § 383.37 outlines 

employer responsibilities. Section 

383.111 requires the passing of a 

knowledge test by the driver and 

§ 383.113 requires the passing of a skills 

test by the driver. Section 383.115 

contains the requirement for the double/ 

triple trailer endorsement; § 383.117 

contains the requirement for the P 

endorsement; § 383.119 contains the 

requirement for the tank vehicle 

endorsement; and § 383.121 contains 

the requirement for the hazardous 

materials endorsement. 

Currently, FMCSA is proposing to 

revise the regulations at 49 CFR 383 and 

384 to increase flexibility for SDLAs and 

CDL applicants by: (1) removing the 

restriction allowing a State to 

administer the CDL skills test to a CLP 

holder who is domiciled in another 

State only if the applicant obtained 

training in the testing State; (2) 

permitting a CLP holder who has passed 

the CDL skills test to operate a CMV on 

public roads for purposes other than 

BTW training, provided the CLP holder 

has evidence of passing the CDL skills 

test and a qualified CDL holder is 

physically present in the CMV; (3) 

eliminating the requirement that an 

applicant wait at least 14 days to take 

the CDL skills test following initial 

issuance of the CLP; and (4) removing 

the requirement that CMV drivers must 

have a passenger (P) endorsement to 

transport CMVs designed to carry 

passengers, including school buses, 

when the vehicle is being transported in 

a driveaway-towaway operation and the 

vehicle is not carrying any passengers. 

Additionally, the NPRM proposes that 

third-party knowledge examiners be 

subject to the training, certification, and 

record check standards currently 

applicable to State knowledge 

examiners and the auditing and 

monitoring requirements now 

applicable to third-party skills testers. 


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14Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

15Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002). 

Proposed Use of Information: State 

officials use the information collected 

on the license application form 

(§ 383.71) that is posted to the CDLIS 

driver record, the information collected 

on the CLP application form that is 

posted to the CDLIS driver record 

(§ 383.71), and the conviction and 

disqualification data posted to the 

CDLIS driver record (§ 383.73) to 

prevent ineligible, not-qualified, and/or 

disqualified CLP and CDL holders and 

applicants from operating CMVs on the 

nation’s highways. State officials are 

required to adopt and administer an 

FMCSA approved program for testing 

and ensuring the fitness of persons to 

operate a CMVs (§ 384.201). State 

officials are also required to administer 

knowledge and skills tests to CDL driver 

applicants (§ 384.202). The driver 

applicant is required to correctly answer 

at least 80 percent of the questions on 

each knowledge test in order to achieve 

a passing score on that test. To achieve 

a passing score on the skills test, the 

driver applicant must demonstrate that 

he/she can successfully perform all of 

the skills listed in the regulations. 

During State CDL compliance reviews, 

FMCSA officials review this information 

to ensure that the provisions of the 

regulations are being carried out. 

Without the aforementioned 

requirements, there would be no 

uniform control over driver licensing 

practices to prevent uncertified and/or 

disqualified drivers from being issued a 

CLP or CDL and to prevent unsafe 

drivers from spreading their convictions 

among several licenses in several States 

and remaining behind the wheel of a 

CMV. Failure to collect this information 

would render the regulations 

unenforceable. 

Description of the Respondents: 

Drivers with a CLP or CDL and SDLAs. 

Number of Respondents: 7,753,798 

(7,712,074 CDL + 41,724 SDLAs). 

Frequency of Response: Annual. 

Burden of Response: 26,206,651 

responses (7,925,642 CDL + 18,281,008 

SDLAs). The associated cost burden is 

$103,725,614 ($71,424,225 CDL + 

$32,301,389 SDLAs). 

Estimate of Total Annual Burden: 

2,858,202 hours (2,067,271 CDL + 

790,931 SDLAs). 

In accordance with 44 U.S.C. 3507(d), 

FMCSA will submit the proposed 

information collection amendments to 

OIRA at OMB for its approval. 

The Agency requests comment on any 

aspect of this information collection, 

including: (1) Whether the proposed 

collection is necessary for FMCSA to 

perform its functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. 

H. E.O. 13132 (Federalism) 

A rule has implications for federalism 

under section 1(a) of E.O. 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 

determined that this rule would not 

have substantial direct costs on or for 

States, nor would it limit the 

policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. The changes 

proposed in the NPRM would increase 

flexibility for SDLAs in scheduling of 

CDL skills testing appointments and for 

States opting to offer CDL skills testing 

to out-of-State applicants. The NPRM 

could also reduce the number of P 

endorsements issued by the SDLAs. The 

proposed training, record check, and 

oversight requirements, currently 

applicable to States opting to rely on 

third-party skills testers, similarly 

would apply only to States choosing to 

permit third-party knowledge testing. 

Therefore, this rule does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Impact Statement. 

I. Privacy 

The Consolidated Appropriations Act, 

2005,14 requires the Agency to assess 

the privacy impact of a regulation that 

will affect the privacy of individuals. 

This NPRM would not require the 

collection of personally identifiable 

information (PII). The Privacy Act (5 

U.S.C. 552a) applies only to Federal 

agencies and any non-Federal agency 

that receives records contained in a 

system of records from a Federal agency 

for use in a matching program. 

The E-Government Act of 2002,15

requires Federal agencies to conduct a 

Privacy Impact Assessment (PIA) for 

new or substantially changed 

technology that collects, maintains, or 

disseminates information in an 

identifiable form. No new or 

substantially changed technology would 

collect, maintain, or disseminate 

information as a result of this rule. 

Accordingly, FMCSA has not conducted 

a PIA. 

In addition, the Agency submitted a 

Privacy Threshold Assessment (PTA) to 

evaluate the risks and effects the 

proposed rulemaking might have on 

collecting, storing, and sharing 

personally identifiable information. The 

Agency will complete a PTA to evaluate 

the risks and effects the proposed 

rulemaking might have on collecting, 

storing, and sharing personally 

identifiable information. The PTA has 

been submitted to FMCSA’s Privacy 

Officer for review and preliminary 

adjudication and to DOT’s Privacy 

Officer for review and final 

adjudication. 

J. E.O. 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. 

K. National Environmental Policy Act of 

1969 

FMCSA analyzed this proposed rule 

pursuant to the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321 et seq.) and determined this action 

is categorically excluded from further 

analysis and documentation in an 

environmental assessment or 

environmental impact statement under 

FMCSA Order 5610.1 (69 FR 9680), 

Appendix 2, paragraphs (6)(s)(6) and (7). 

The categorical exclusions (CEs) in 

paragraphs (6)(s)(6) and (7) cover 

requirements pertaining to providing 

knowledge and skills tests to qualified 

applicants for commercial drivers’ 

licenses and requirements for Stateissued commercial license 

documentation. The proposed 

requirements in this rule are covered by 

these CEs. 

List of Subjects 

49 CFR Part 383 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Drug testing, Highway safety, Motor 

carriers, Penalties, Safety, 

Transportation. 

49 CFR Part 384 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Highway safety, Motor carriers. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
7342 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

Accordingly, FMCSA proposes to 

amend 49 CFR chapter III, parts 383 and 

384 as follows: 

PART 383—COMMERCIAL DRIVER’S 

LICENSE STANDARDS; 

REQUIREMENTS AND PENALTIES 

■ 1. The authority citation for part 383 

continues to read as follows: 

Authority: 49 U.S.C. 521, 31136, 31301 et 

seq., and 31502; secs. 214 and 215 of Pub. L. 

106–159, 113 Stat. 1748, 1766, 1767; sec. 

1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, 

sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 

1746; sec. 32934 of Pub. L. 112–141, 126 Stat. 

405, 830; sec. 23019 of Pub. L. 117–58, 135 

Stat. 429, 777; and 49 CFR 1.87. 

■ 2. Amend § 383.5 by: 

■ a. Adding, in alphabetical order, 

definitions for third-party knowledge 

examiner, third-party knowledge tester, 

and third-party skills tester; 

■ b. Adding a hyphen between the 

words ‘‘third’’ and ‘‘party’’ in the 

definition of third party skills test 

examiner; and 

■ c. Removing the definition of third 

party tester. 

The additions read as follows: 

§ 383.5 Definitions. 

* * * * * 

Third-party knowledge examiner 

means a person employed by a thirdparty tester who is authorized by the 

State to administer the CDL knowledge 

tests specified in subparts G and H of 

this part. 

Third-party knowledge tester means a 

person (including, but not limited to, 

another State, a motor carrier, a private 

driver training facility or other private 

institution, or a department, agency or 

instrumentality of a local government) 

authorized by the State to employ 

knowledge test examiners to administer 

the CDL knowledge tests specified in 

subparts G and H of this part. 

* * * * * 

Third-party skills tester means a 

person (including, but not limited to, 

another State, a motor carrier, a private 

driver training facility or other private 

institution, or a department, agency, or 

instrumentality of a local government) 

authorized by the State to employ skills 

test examiners to administer the CDL 

skills tests specified in subparts G and 

H of this part. 

* * * * * 

■ 3. Amend § 383.25 by: 

■ a. Revising paragraph (a)(1); and 

■ b. Removing paragraph (e). 

The revision reads as follows: 

§ 383.25 Commercial learner’s permit 

(CLP). 

(a) * * * 

(1) The CLP holder is at all times 

accompanied by the holder of a valid 

CDL who has the proper CDL group and 

endorsement(s) necessary to operate the 

CMV. The CDL holder must at all times 

be physically present in the front seat of 

the vehicle next to the CLP holder or, 

in the case of a passenger vehicle, 

directly behind or in the first row 

behind the driver and must have the 

CLP holder under observation and 

direct supervision. Exception: A CLP 

holder who has passed the CDL skills 

test may operate a CMV on public roads 

or highways for purposes other than 

behind-the wheel training without the 

holder of a valid CDL of the proper class 

and with all proper endorsements being 

present in the front seat of the CMV or, 

in the case of a passenger vehicle, 

directly behind or in the first row 

behind the driver, provided the CDL 

holder is physically present elsewhere 

in the CMV. The CLP holder must also 

possess documentary evidence from the 

testing State (including a third-party 

skills tester authorized by the State) that 

they have passed the CDL skills test. 

* * * * * 

■ 4. Revise § 383.75 to read as follows: 

§ 383.75 Third-party skills and knowledge 

testing. 

(a) Third-party skills tests. A State 

may authorize a third-party tester to 

administer the skills tests as specified in 

subparts G and H of this part, if the 

following conditions are met: 

(1) The skills tests given by the thirdparty are the same as those that would 

otherwise be given by the State using 

the same version of the skills tests, the 

same written instructions for test 

applicants, and the same scoring sheets 

as those prescribed in subparts G and H 

of this part. 

(2) The State must conduct an on-site 

inspection of each third-party skills 

tester at least once every 2 years, with 

a focus on examiners with irregular 

results such as unusually high or low 

pass/fail rates. 

(3) The State must issue the thirdparty tester a CDL skills testing 

certificate upon the execution of a thirdparty skills testing agreement. 

(4) The State must issue each thirdparty CDL skills test examiner a skills 

testing certificate upon successful 

completion of a formal skills test 

examiner training course prescribed in 

§ 384.228. 

(5) The State must, at least once every 

2 years, do one of the following for each 

third-party skills examiner: 

(i) Have State employees covertly take 

the skills tests administered by the 

third-party as if the State employee were 

a test applicant; 

(ii) Have State employees co-score 

along with the third-party examiner 

during CDL skills tests to compare pass/ 

fail results; or 

(iii) Re-test a sample of drivers who 

were examined by the third-party to 

compare pass/fail results. 

(6) The State must take prompt and 

appropriate remedial action against a 

third-party skills tester that fails to 

comply with State or Federal standards 

for the CDL testing program, or with any 

other terms of the third-party contract. 

(7) A skills test examiner who is also 

a skills instructor either as a part of a 

school, training program or otherwise is 

prohibited from administering a skills 

test to an applicant who received skills 

training by that skills test examiner. 

(8) The State must revoke the skills 

testing certification of any examiner 

who does not conduct skills test 

examinations of at least 10 different 

applicants per calendar year. Exception: 

Examiners who do not meet the 10-test 

minimum must either take the refresher 

training specified in § 384.228 of this 

chapter or have a State examiner ride 

along to observe the third-party 

examiner successfully administer at 

least one skills test. 

(9) The State has an agreement with 

the third-party tester containing, at a 

minimum, provisions that: 

(i) Allow FMCSA, or its 

representative, and the State to conduct 

random examinations, inspections, and 

audits of its records, facilities, and 

operations without prior notice; 

(ii) Require that all third-party skills 

test examiners meet the qualification 

and training standards of § 384.228; 

(iii) Allow the State to do any of the 

following: 

(A) Have State employees covertly 

take the skills tests administered by the 

third-party as if the State employee were 

a test applicant; 

(B) Have State employees co-score 

along with the third-party examiner 

during CDL skills tests to compare pass/ 

fail results; or 

(C) Have the State re-test a sample of 

drivers who were examined by the 

third-party. 

(iv) Reserve unto the State the right to 

take prompt and appropriate remedial 

action against a third-party skills tester 

that fails to comply with State or 

Federal standards for the CDL testing 

program, or with any other terms of the 

third-party contract; 

(v) Require the third-party skills tester 

to initiate and maintain a bond in an 

amount determined by the State to be 

sufficient to pay for re-testing drivers in 

the event that the third-party or one or 

more of its examiners is involved in 

fraudulent activities related to 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7343 

conducting skills testing of applicants 

for a CDL. Exception: A third-party 

tester that is a government entity is not 

required to maintain a bond; 

(vi) Require the third-party tester to 

use only CDL skills examiners who have 

successfully completed a formal CDL 

skills test examiner training course as 

prescribed by the State and have been 

certified by the State as a CDL skills 

examiner qualified to administer CDL 

skills tests; 

(vii) Require the third-party skills 

tester to use designated road test routes 

that have been approved by the State; 

(viii) Require the third-party tester to 

submit a schedule of CDL skills testing 

appointments to the State no later than 

two business days prior to each test; and 

(ix) Require the third-party skills 

tester to maintain copies of the 

following records at its principal place 

of business: 

(A) A copy of the State certificate 

authorizing the third-party tester to 

administer a CDL skills testing program 

for the classes and types of commercial 

motor vehicles listed; 

(B) A copy of each third-party 

examiner’s State certificate authorizing 

the third-party examiner to administer 

CDL skills tests for the classes and types 

of commercial motor vehicles listed; 

(C) A copy of the current third-party 

skills tester agreement; 

(D) A copy of each completed CDL 

skills test scoring sheet for the current 

year and the past 2 calendar years; 

(E) A copy of the third-party tester’s 

State-approved road test route(s); and 

(F) A copy of each third-party 

examiner’s training record. 

(x) Require the third-party tester to 

notify the State driver licensing agency 

through secure electronic means when a 

driver applicant passes skills tests 

administered by the third-party tester. 

(b) Third-party knowledge tests. A 

State may authorize a third-party tester 

to administer the knowledge tests as 

specified in subparts G and H of this 

part, if the following conditions are met: 

(1) The knowledge tests given by the 

third-party are the same as those that 

would otherwise be given by the State 

using the same version of the knowledge 

tests and the same written instructions 

for test applicants as prescribed in 

subparts G and H of this part. Exception: 

Knowledge tests given by a third-party 

knowledge examiner must be 

administered electronically; 

(2) The State must conduct an on-site 

inspection of each third-party 

knowledge tester at least once every 2 

years, with a focus on examiners with 

irregular results such as unusually high 

or low pass/fail rates; 

(3) The State must issue the thirdparty knowledge tester a CDL 

knowledge testing certificate upon the 

execution of a third-party knowledge 

testing agreement; 

(4) The State must issue each thirdparty CDL knowledge test examiner a 

knowledge testing certificate upon 

successful completion of a formal 

knowledge test examiner training course 

prescribed in § 384.228; 

(5) The State must, at least once every 

2 years, do one of the following for each 

third-party knowledge examiner: 

(i) Have State employees covertly take 

the knowledge tests administered by the 

third-party as if the State employee were 

a test applicant; 

(ii) Have State employees co-score 

along with the third-party examiner 

during CDL knowledge tests to compare 

pass/fail results; or 

(iii) Re-test a sample of drivers who 

were examined by the third-party to 

compare pass/fail results. 

(6) The State must take prompt and 

appropriate remedial action against a 

third-party knowledge tester that fails to 

comply with State or Federal standards 

for the CDL knowledge testing program, 

or with any other terms of the thirdparty contract; 

(7) The State has an agreement with 

the third-party containing, at a 

minimum, provisions that: 

(i) Allow FMCSA, or its 

representative, and the State to conduct 

random examinations, inspections, and 

audits of its records, facilities, and 

operations without prior notice; 

(ii) Require that all third-party 

knowledge test examiners meet the 

qualification and training standards of 

§ 384.228; 

(iii) Allow the State to do any of the 

following: 

(A) Have State employees covertly 

take the knowledge tests administered 

by the third-party as if the State 

employee were a test applicant; 

(B) Have State employees co-score 

along with the third-party examiner 

during CDL knowledge tests to compare 

pass/fail results; or 

(C) Have the State re-test a sample of 

drivers who were examined by the 

third-party. 

(iv) Reserve unto the State the right to 

take prompt and appropriate remedial 

action against a third-party knowledge 

tester that fails to comply with State or 

Federal standards for the CDL 

knowledge testing program, or with any 

other terms of the third-party contract; 

(v) Require the third-party knowledge 

tester to initiate and maintain a bond in 

an amount determined by the State to be 

sufficient to pay for re-testing drivers in 

the event that the third-party or one or 

more of its examiners is involved in 

fraudulent activities related to 

conducting skills testing of applicants 

for a CDL. Exception: A third-party 

tester that is a government entity is not 

required to maintain a bond; 

(vi) Require the third-party tester to 

use only CDL knowledge examiners 

who have successfully completed a 

formal CDL knowledge test examiner 

training course as prescribed by the 

State and have been certified by the 

State as a CDL knowledge examiner 

qualified to administer CDL knowledge 

tests; 

(vii) Require the third-party 

knowledge tester to notify the State 

driver licensing agency through secure 

electronic means when a driver 

applicant passes knowledge tests 

administered by the third-party tester; 

and 

(viii) Require the third-party 

knowledge tester to maintain copies of 

the following records at its principal 

place of business: 

(A) A copy of the State certificate 

authorizing the third-party tester to 

administer a CDL knowledge testing 

program for the classes and types of 

commercial motor vehicles listed; 

(B) A copy of each third-party 

knowledge examiner’s State certificate 

authorizing the third-party examiner to 

administer CDL knowledge tests for the 

classes and types of commercial motor 

vehicles listed; 

(C) A copy of the current third-party 

knowledge testing agreement; and 

(D) A copy of each third-party 

knowledge examiner’s training record. 

■ 5. Revise § 383.79(a)(1) to read as 

follows: 

§ 383.79 Driving skills testing of out-ofState students; knowledge and driving 

skills testing of military personnel. 

(a) * * * 

(1) State that administers the driving 

skills test. A State may administer its 

driving skills test, in accordance with 

subparts F, G, and H of this part, to a 

person who is to be licensed in another 

United States jurisdiction (i.e., State of 

domicile). Such test results must be 

transmitted electronically directly from 

the testing State to the licensing State in 

a direct, efficient, and secure manner. 

* * * * * 

■ 6. Add paragraph (d) to § 383.93 to 

read as follows: 

§ 383.93 Endorsements. 

* * * * * 

(d) Exception. Operators are not 

required to obtain the passenger (P) 

endorsement to their CDL if the 

following conditions are met: 

(1) A commercial motor vehicle 

designed to transport passengers, 


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7344 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 

including a school bus, is being 

transported from the manufacturer to a 

distributor or as part of a driveawaytowaway operation, as defined in 

§ 390.5T of this subchapter; and 

(2) The vehicle is empty of all 

passengers except the driver. 

PART 384—STATE COMPLIANCE 

WITH COMMERCIAL DRIVER’S 

LICENSE PROGRAM 

■ 7. 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. 1748, 1753, 1767; sec. 32934 

of Pub. L. 112–141, 126 Stat. 405, 830; sec. 

5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; 

and 49 CFR 1.87. 

■ 8. Revise § 384.228 to read as follows: 

§ 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, including 

third-party 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. 

(4) Exception. Current third-party 

skills testers who have maintained their 

CDL test examiner certification are not 

required to complete the units of 

instruction set forth in paragraphs (c)(1) 

and (2) of this section. 

(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 

knowledge and skills test examiners to 

successfully complete a refresher 

training course and examination every 4 

years to maintain their CDL test 

examiner certification. The refresher 

training course must cover at least the 

following: 

(1) For CDL knowledge test 

examiners, including third-party 

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)(1) Complete nationwide criminal 

background check of all State and thirdparty test examiners at the time of 

hiring. Exception. For current thirdparty skills testers who have maintained 

their CDL test examiner certification 

and have already been subject to a 

nationwide criminal background check, 

a State is not required to complete the 

background check if the third-party 

skills test examiner also applies to 

become certified as a third-party 

knowledge test examiner. 

(2) Complete nationwide criminal 

background check of any State and 

third-party current test examiner who 

has not had a nationwide criminal 

background check. 

(3) 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. 

(h) Maintain a record of the results of 

the criminal background check and CDL 

examiner test training and certification 

of all CDL test examiners. 

(i) Rescind the certification to 

administer CDL tests of all test 

examiners who do not successfully 

complete the required refresher training 

every 4 years. 

(j) The eight 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. 

■ 9. Revise § 384.229 to read as follows: 

§ 384.229 Skills and knowledge test 

examiner auditing and monitoring. 

(a) To ensure the integrity of the CDL 

skills testing program, the State must: 

(1) 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; 

(2) At least once every 2 years, 

conduct covert and overt monitoring of 

examinations performed by State and 

third-party CDL skills test examiners. 

(3) 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; 


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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules 7345 

(4) Establish and maintain a database 

of all third-party skills testers and 

examiners, which at a minimum tracks 

the dates and results of audits and 

monitoring actions by the State, the 

dates third-party skills testers were 

certified by the State, and name and 

identification number of each thirdparty CDL skills test examiner; 

(5) 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 

(6) 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. 

(b) To ensure the integrity of the CDL 

knowledge testing program, the State 

must: 

(1) At least once every 2 years, 

conduct unannounced, on-site 

inspections of third-party knowledge 

testers’ and examiners’ records; 

(2) At least once every 2 years, 

conduct covert and overt monitoring of 

examinations performed by third-party 

CDL knowledge test examiners; 

(3) Establish and maintain a database 

to track pass/fail rates of applicants 

tested by each third-party CDL 

knowledge test examiner, in order to 

focus covert and overt monitoring on 

examiners who have unusually high 

pass or failure rates; 

(4) Establish and maintain a database 

of all third-party knowledge testers and 

examiners, which at a minimum tracks 

the dates and results of audits and 

monitoring actions by the State, the 

dates third-party knowledge testers were 

certified by the State, and name and 

identification number of each thirdparty CDL knowledge test examiner; and 

(5) Establish and maintain a database 

that tracks knowledge tests 

administered by each State and the 

name and identification number of each 

third-party CDL knowledge test 

examiner. 

Issued under authority delegated in 49 CFR 

1.87. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2024–01710 Filed 2–1–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 29 

[Docket No. FWS–HQ–NWRS–2022–0106; 

FXRS12610900000–212–FF09R20000] 

RIN 1018–BG78 

National Wildlife Refuge System; 

Biological Integrity, Diversity, and 

Environmental Health 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; proposed policy 

updates. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose new 

regulations to ensure that the biological 

integrity, diversity, and environmental 

health (BIDEH) of the National Wildlife 

Refuge System (Refuge System) are 

maintained, and where appropriate, 

restored and enhanced, in accordance 

with the National Wildlife Refuge 

System Improvement Act of 1997. In 

addition, the Service is proposing 

updates to the existing BIDEH policy, 

which will be available for public 

comment concurrently with the 

proposed regulations in this docket. 

These proposed regulatory and policy 

revisions would support conservation 

throughout the Refuge System in 

response to both longstanding and 

contemporary conservation challenges, 

including the universal and profound 

effects of climate change on refuge 

species and ecosystems. Together, these 

proposals would uphold BIDEH across 

the Refuge System by providing refuge 

managers with a consistent approach for 

evaluating and implementing 

management actions to protect 

vulnerable species, restore and connect 

habitats, promote natural processes, 

sustain vital ecological functions, 

increase resilience, and adapt to climate 

change. 

DATES: We will accept comments on the 

proposed rule and proposed revisions to 

the Service Manual chapter at 601 FW 

3 that are received or postmarked on or 

before March 4, 2024. 

ADDRESSES: 

Document availability: This proposed 

rule and the draft Service Manual 

chapter 601 FW 3 are available at the 

Federal eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–HQ–NWRS–2022–0106, 

which is the docket number for this 

rulemaking. Then, click on the Search 

button. To access the Service Manual 

chapter, go to the tab for Supporting & 

Related Material. 

Comment submission: You may 

submit comments on this proposed rule 

or the proposed revisions to 601 FW 3 

by one of the following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–HQ–NWRS–2022–0106, 

which is the docket number for this 

rulemaking. Then, click on the Search 

button. On the resulting screen, find the 

correct document and submit a 

comment by clicking on ‘‘Comment.’’ 

• By hard copy: Submit by U.S. mail 

or hand delivery to: Public Comments 

Processing, Attn: FWS–HQ–NWRS– 

2022–0106; U.S. Fish and Wildlife 

Service; 5275 Leesburg Pike, MS: PRB 

(JAO/3W); Falls Church, VA 22041– 

3803. 

We will not accept email or faxes. We 

will post all comments on https://

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Request 

for Comments, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Katherine Harrigan, (703) 358–2440, 

katherine_harrigan@fws.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

In compliance with the Providing 

Accountability Through Transparency 

Act of 2023, please see docket FWS– 

HQ–NWRS–2022–0106 on https://

www.regulations.gov for a document 

that summarizes this proposed rule. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Wildlife Refuge System 

is the only network of Federal lands and 

waters in the United States dedicated to 

fish and wildlife conservation and, at 

more than 850 million acres, the largest 

system of its kind in the world. The 

National Wildlife Refuge System 

Administration Act of 1966 

(Administration Act; 16 U.S.C. 668dd– 

668ee), as amended by the National 

Wildlife Refuge System Improvement 

Act of 1997 (Improvement Act; Pub. L. 

105–57), is the primary statutory 

authority under which the Secretary of 

the Interior, acting through the Service, 

administers the Refuge System. The 

Alaska National Interest Lands 

Conservation Act of 1980 (16 U.S.C. 

3111–3126), the Wilderness Act of 1964 


khammond on DSKJM1Z7X2PROD with PROPOSALS