[Federal Register: April 13, 1998 (Volume 63, Number 70)] [Notices] [Page 18069-18071] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13ap98-102] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA-98-3409] Third Party CDL Knowledge and Skills Testing Pilot Project AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent to conduct a pilot project; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Highway Administration is proposing a pilot project to evaluate the use of third party testers to administer commercial driver's license (CDL) knowledge testing under certain conditions. The FHWA is proposing this action in response to requests from Arizona, Colorado and Florida. These States desire this added flexibility as a means to streamline State Government and improve customer services. Upon completion of the pilot project, the FHWA would evaluate the results and make a final determination as to whether the integrity of the CDL [[Page 18070]] knowledge testing process and the security of the testing documents could be maintained under the administration of third party testers. DATES: Comments should be received no later than June 12, 1998. ADDRESSES: All signed, written comments should refer to the docket number that appears at the top of this document and must be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped envelope or postcard. FOR FURTHER INFORMATION CONTACT: Mr. Albert Alvarez, Office of Motor Carrier Research and Standards, HCS-20, (202) 366-4706, or Ms. Judy Rutledge, Office of the Chief Counsel, HCC-20, (202) 366-0834, Department of Transportation, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Electronic Access Internet users can access all comments received by the U.S. DOT Dockets, Room PL-401, by using the universal resource locator (URL): http://dms.dot.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help. An electronic copy of this document may be downloaded using a modem and suitable communications software from the Federal Register Electronic Bulletin Board Service at (202) 512-1661. Internet users may reach the Federal Register's home page at: http://www.nara.gov/nara/ fedreg and the Government Printing Office's database at: http:// www.access.gpo.gov/su__docs. Background Section 12005 (a) of the Commercial Motor Vehicle Safety Act of 1986 (the Act), Pub. L. 99-570, 100 Stat. 3207-170, -171 (codified at 49 U.S.C. 31305(a)), directs the issuance of minimum testing standards to ensure the fitness of drivers of commercial motor vehicles (CMV's). In general, the standards must include knowledge and skills tests. The knowledge test must cover the driver's knowledge of the Federal regulations related to the safe operation of CMV's and knowledge of the vehicle's safety systems. The skills test must cover basic vehicle control skills, safe driving skills, air brake skills, and pre-trip inspection skills. At a minimum, applicants for a CDL must pass standard knowledge and skills tests. Section 12006 of the Act (49 U.S.C. 31308) requires the Secretary of the Department of Transportation (the Secretary), after consultation with the States, to prescribe minimum uniform standards for issuing CDLs, including the requirement to pass written and driving tests prescribed under 49 U.S.C. 31305(a). Section 12009 of the Act (49 U.S.C. 31311) sets the requirements for State participation in the CDL program and includes requirements that States adopt the testing and licensing standards issued by the Secretary under 49 U.S.C. 31305(a) and issue licenses only to individuals who pass written and driving tests that comply with minimum standards of the Secretary. Nowhere in the Act, however, is there a requirement that States actually administer the written and driving tests, nor is there a prohibition against contracting out the administration of tests to third parties. The original Act, in section 12005(c)(3), specifically provided that the States could use third parties to administer driving skills tests with grant money then authorized. The Act made no mention of third party knowledge testing, and subsection (c) of section 12005, when codified at 49 U.S.C. 31312, remained applicable only to basic grants for which funding has not been available in several years. According to the grant provision in section 12005(c)(3) of the Act, a third party may be a person or a department, agency, or instrumentality of a local government. The FHWA, in the third party skills testing standards (49 CFR 383.75), interpreted this provision to include any public or private organization having an agreement with the State. Examples of potential third party testers include employers, public transit authorities, school boards, and driver training schools. States are considering the privatization of driver licensing operations through the use of third party providers to perform all or part of the licensing process including administration of the CDL knowledge tests. State licensing agencies believe that the use of third party testers to administer CDL knowledge tests will enable the States to reduce their workload and costs while improving customer service. The third party testers will bear the time and costs of administering the CDL knowledge tests. The States believe that competitive bidding for third party contracts will drive down the costs for administering the CDL knowledge tests, resulting in a cost savings to the consumers. They also believe that customer service will be improved by having more testing sites with more flexible hours of service throughout the State. This pilot project will enable those participating States to evaluate whether or not these beliefs are true. The FHWA believes that a State should have the option of allowing third party testers to administer knowledge tests so long as the State implements proper safeguards to protect the integrity of the knowledge testing process and the security of the testing documents. The safety purposes of knowledge testing would be compromised if the integrity of the process was allowed to break down. The FHWA is proposing a pilot project to evaluate the use of third party testers to administer CDL knowledge testing under certain conditions. Pilot Project The FHWA proposes an 18-month pilot project, followed by a final report by each participating State. The participating States will submit their final reports to the FHWA within two months after completion of the pilot. The final report will be based on the FHWA's evaluation criteria. The FHWA will review and evaluate the project results in the submitted reports and make a determination as to whether or not to proceed with the rulemaking process to allow all States the choice to contract with third party testers to administer the CDL knowledge tests. The FHWA will require each pilot State applicant to submit a plan describing their procedures for conducting the pilot. These procedures must be clear and concise and demonstrate that all the pilot project conditions specified by the FHWA will be followed. Pilot State Selection The FHWA will select up to six States from those States who submit proposals for participation. In making pilot State selections, the FHWA will consider the contents of the proposal, including the plan for carrying out the pilot, geographic location, and current CDL driver population of the State. The FHWA is interested in obtaining a diverse group of States for pilot purposes, if practicable. State Proposal States wishing to participate in the pilot project must submit a proposal plan that includes the following: [[Page 18071]] 1. Selection criteria for third party testing organizations (testers), including type of organizations (e.g. driving schools, motor carriers, vocational schools, etc.); 2. Proposed number of third party testers; 3. Proposed number of examiners per third party tester; 4. Number of testing sites and identification of their locations; 5. Applicants third parties will examine (e.g. own employees, truck driving school students, etc.); 6. Training requirements for third party testers and examiners; 7. Percentage of total tests sites to be administered by third party testers; 8. Estimate of percentage of total tests to be administered by third party testers; 9. Clear and concise procedures for: (a) Monitoring third party testers; (b) Ensuring safe and secure shipment, receipt and storage of the tests; (c) Conducting comprehensive background checks on potential third party knowledge testers for any violations which might compromise the administration of the CDL knowledge test; (d) Verifying identity of test applicants; (e) Imposing penalties on third party testers and examiners who breach test security; (f) Monitoring pass/fail rates; (g) Collecting evaluation data. States participating in the pilot project must agree to participate during the entire period of the project. In addition, the States must submit quarterly progress reports and a final evaluation report based on the FHWA's evaluation criteria. Security Measures As a condition of the proposal, the State must agree to the following minimum security measures: 1. Prohibit use of fax machines, computers or cellular and non- cellular telephones in the transmission of knowledge tests and/or answer keys; 2. Prohibit test applicants from retaining a copy of the test questions or their completed knowledge tests; 3. Limit test applicant computer access only to programs which relate to the actual knowledge tests and test instructions or to information relating to the identity of the test applicant. Quarterly and Final Reports Quarterly reports must be submitted within two weeks after the end of each quarter. These reports must include the following information for the quarter: 1. Number of third party testers administering the knowledge test; 2. For each third party tester: (a) Number of examiners being used; (b) Number of test sites being used; (c) Number of knowledge tests administered by type (e.g. general, passenger endorsement, tank vehicle endorsement, etc.); (d) Pass/fail rates for knowledge tests administered by type. (e) Breaches of security, including, but not limited to, testing materials being lost, stolen, or improperly secured; (f) Incidences of cheating; (g) Incidences of examiners found to be undermining the security of the written, oral, or automated tests; (h) Increases/decreases in the pass/fail rate with an explanation for any changes; (i) Other problems identified and proposed solutions. The final report must be submitted to the FHWA within two months after completion of the pilot. This report will be based on the FHWA's evaluation criteria. The FHWA will review and evaluate the project results in the submitted reports and make a determination as to whether or not to proceed with the rulemaking process to allow all States the choice to contract with third party testers to administer the CDL knowledge tests. Evaluation Criteria The FHWA will evaluate the pilot project based on the following criteria: 1. Data collected in quarterly reports; 2. Uniformity of training/education preparation of test candidates; 3. Standardized test administration procedures; 4. Monitoring of third party testing by the State; 5. Increases/decreases in pass/fail rates; 6. Security procedures and practices used by the third party testers, focusing on the following elements: (a) Monitoring the administration of the knowledge tests at the testing site at all times during the test; (b) Ensuring the physical and procedural safeguards, for the shipment, receipt, and storage of test materials; (c) Verifying the identity of test applicants before allowing them to begin the testing process; (d) Reporting number of candidates found cheating; (e) Reporting to the State those examiners who undermine the security of written, oral and/or automated knowledge tests; (f) Comparative data for State administered knowledge tests for items a-e; 7. Cost/benefit analysis of using third party testers. Request for Public Comment The FHWA requests comments on the proposed third party CDL knowledge testing pilot project. The FHWA would also be interested in having the following six questions addressed: 1. Is 18-months sufficient time to conduct and evaluate such a pilot? 2. Should the FHWA consider additional criteria for selection of pilot project participants? 3. Should there be additional evaluation criteria? 4. Should there be additional security measures? 5. Should there be any other restrictions on who is authorized to be a third party tester and/or examiner? 6. Should there be a limit on the number of third parties conducting CDL knowledge testing within a State during the pilot? Based on the comments received on this proposed pilot project, the FHWA will develop a solicitation for State proposals to participate in the pilot project. Authority: 49 U.S.C. 31305; 23 U.S.C. 315; and 49 CFR 1.48. Issued on: April 1, 1998. Gloria J. Jeff, Deputy Administrator, Federal Highway Administration. [FR Doc.98-9689 Filed 4-10-98; 8:45 am] BILLING CODE 4910-22-P