Agency Information Collection Activities; Revision of an Approved Information Collection: OMB Control No. 2126-0011 (Commercial Driver Licensing and Test Standards), 58926-58929 [E7-20490]
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descriptions submitted by Kenton
County Airport Board. The specific
documentation determined to constitute
the Noise Exposure Maps includes:
NEM–1 Existing (2006) Noise Exposure
Map and Exhibit NEM–2 Future (2011)
Noise Exposure Map/Noise
Compatibility Program; Exhibit 2–1,
Airport Environs; Exhibit 2–3,
Generalized Existing Land Use; Exhibit
2–4 Existing Noise Sensitive Public
Facilities; Exhibit 3–1 Existing (2006)
Baseline Noise Exposure Contour;
Exhibit 3–2 Future 2011 Baseline Noise
Exposure Contour; Exhibit 3–3
Comparison of Existing (2006) Baseline
and Future (2011) Baseline Noise
Exposure Contours; Exhibit 4–1,
Existing and Recommended Departure
Corridors; Exhibit 4–2 Existing and
Recommended Runup Locations;
Exhibit 4–3, 36R Proposed Departure;
Exhibit 4–6 2011 NEM/NCP Noise
Exposure Contour compared to Future
(2011) Baseline Noise Exposure contour;
Table 4–2, Comparison of Baseline and
NCP Housing, Population and NoiseSensitive Public Facility
Incompatibilities; Exhibit 4–7 Future
(2006) NCP Noise Exposure Contour
with 60 DNL; and Exhibit 4–8, Future
(2011) NCP Noise Exposure Contour
with 60 DNL description. The FAA has
determined that these maps for
Cincinnati/Northern Kentucky
International Airport are in compliance
with applicable requirements. This
determination is effective on October 9,
2007. FAA’s determination on the
airport operator’s Noise Exposure Maps
is limited to a finding that the maps
were developed in accordance with the
procedures contained in Appendix A of
FAR Part 150. Such determination does
not constitute approval of the airport
operator’s data, information or plans, or
a commitment to approve a Noise
Compatibility Program or to fund the
implementation of that Program.
If questions arise concerning the
precise relationship of specific
properties to noise exposure contours
depicted on a Noise Exposure Map
submitted under Section 47503 of the
Act, it should be noted that the FAA is
not involved in any way in determining
the relative locations of specific
properties with regard to the depicted
noise exposure contours, or in
interpreting the Noise Exposure Maps to
resolve questions concerning, for
example, which properties should be
covered by the provisions of Section
47506 of the Act. These functions are
inseparable from the ultimate land use
control and planning responsibilities of
local government. These local
responsibilities are not changes in any
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way under Part 150 or through FAA’s
review of Noise Exposure Maps.
Therefore, the responsibility for the
detailed overlaying of noise exposure
contours onto the map depicting
properties on the surface rests
exclusively with the airport operator
that submitted those maps, or with
those public agencies and planning
agencies with which consultation is
required under Section 47503 of the
Act. The FAA has relied on the
certification by the airport operator,
under Section 150.21 of Part 150, that
the statutorily required consultation has
been accomplished.
The FAA has formally received the
Noise Compatibility Program for
Cincinnati/Northern Kentucky
International Airport, also effective on
October 9, 2007. Preliminary review of
the submitted material indicates that it
conforms to the requirements for the
submittal of Noise Compatibility
Programs, but that further review will be
necessary prior to approval or
disapproval of the program. The formal
review period, limited by law to a
maximum of 180 days, will be
completed on or before April 7, 2008.
The FAA’s detailed evaluation will be
conducted under the provisions of Part
150, Section 150.33. The primary
considerations in the evaluation process
are whether the proposed measures may
reduce the level of aviation safety,
create an undue burden on interstate or
foreign commerce, or be reasonably
consistent with obtaining the goal of
reducing existing non-compatible land
uses and preventing the introduction of
additional non-compatible land uses.
Interested persons are invited to
comment on the proposed program with
specific reference to these factors. All
comments, other than those properly
addressed to local land use authorities,
will be considered by the FAA to the
extent practicable. Copies of the Noise
Exposure Maps, the FAA’s evaluation of
the maps, and the proposed Noise
Compatibility Program are available for
examination at the following locations:
Federal Aviation Administration,
Memphis Airports District Office, 2862
Business Park Drive, Building G,
Memphis, Tennessee 38118–1555;
Kenton County Airport Board,
Cincinnati/Northern Kentucky Airport,
Second Floor, Terminal One, Hebron,
Kentucky.
Questions may be directed to the
individual named above under the
heading, FOR FURTHER INFORMATION
CONTACT.
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Issued in Memphis, Tennessee, October 9,
2007.
Phillip J. Braden,
Manager, Memphis Airports District Office.
[FR Doc. 07–5102 Filed 10–16–07; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–29250]
Agency Information Collection
Activities; Revision of an Approved
Information Collection: OMB Control
No. 2126–0011 (Commercial Driver
Licensing and Test Standards)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the existing Information Collection
Request (ICR) described below to the
Office of Management and Budget
(OMB) for review and approval. This
information collection is necessary to
ensure that drivers, motor carriers and
the States comply with the notification
and recordkeeping requirements for
information related to testing, licensing,
violations, convictions and
disqualifications and that the
information is accurate. On July 10,
2007, FMCSA published a Federal
Register notice allowing for a 60-day
comment period on the ICR. One
comment was received.
DATES: Please send your comments by
November 16, 2007. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: You may submit comments
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725
Seventeenth Street, NW., Washington,
DC 20503, Attention: DOT/FMCSA Desk
Officer.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Redmond, Senior Transportation
Specialist, Office of Safety Programs,
Commercial Driver’s License Division,
MC–ESL (W65–227), 1200 New Jersey
Avenue, SE, Washington, DC 20590–
0001. Telephone: 202–366–5014; e-mail
robert.redmond@dot.gov. Office hours
are from 9 a.m. to 5:30 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Driver Licensing
and Test Standards.
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OMB Control Number: 2126–0011.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Drivers with a
commercial driver’s license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents:
8,332,800 driver respondents and
7,870,720 State respondents.
Estimated Time per Response: 5.15
minutes.
Expiration Date: October 31, 2007.
Frequency of Response: Variable.
Estimated Total Annual Burden:
1,391,456 hours.
The information collection is
comprised of seven components:
(1) Notification of Convictions/
Disqualifications: There are
approximately 11.52 million active
commercial driver’s license (CDL) driver
records. Each driver averages 1
conviction every 3 years. The estimated
number of annual responses = 3,840,000
(11.52 million CDL drivers/3 =
3,840,000). It takes approximately 10
minutes to notify a motor carrier
concerning convictions. The notification
requirement has an estimated annual
burden of 640,000 burden hours
(3,840,000 convictions × 10/60 hours =
640,000 hours);
(2) Providing Previous Employment
History: Estimated annual turnover rate
of drivers is approximately 14 percent.
There are an estimated 1,612,800 annual
responses to this requirement (11.52
million CDL drivers × .14 annual
turnover rate = 1,612,800). It takes
approximately 15 minutes to complete
this requirement. The employment
history requirement has an estimated
annual burden of 403,200 hours
(1,612,800 annual responses × 15/60
hours = 403,200 hours);
(3) State Certification of Compliance:
There are 51 responses (50 States and
the District of Columbia) to this
requirement and it takes approximately
32 hours to complete each response.
The compliance certification
requirement has an estimated annual
burden of 1,632 hours (51 responses ×
32 hours = 1,632 hours);
(4) State Compliance Review
Documentation: A State CDL
compliance review is conducted
approximately every 3.4 years. There are
15 responses (51 States/3.4 years = 15
States/year). It takes approximately 160
hours to complete each response. The
State compliance review documentation
requirement has an estimated annual
burden of 2,400 hours (15 States × 160
hours = 2,400 hours).
(5) CDLIS Recordkeeping: Fifty (50)
States and the District of Columbia are
required to enter data into the
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commercial driver’s license information
system (CDLIS) about operators of CMVs
and to perform record checks before
issuing, renewing, upgrading or
transferring a CDL.
There are approximately 576,000 new
drivers a year (11.52 million drivers ×
.05 = 576,000 new drivers). We estimate
that the average amount of time for each
CDLIS inquiry performed by a State to
add a new driver is 2 minutes. The new
driver requirement has an estimated
annual burden of 19,200 hours (576,000
transactions × 2/60 = 19,200 hours).
There are 230,400 drivers a year who
change their State of domicile (11.52
million drivers × .02 = 230,400 drivers).
We estimate that the average amount of
time for each CDLIS inquiry performed
by a State to change a driver’s State of
domicile is 2 minutes. The State of
domicile change requirement has an
estimated annual burden of 7,680 hours
(230,400 transactions × 2/60 hours =
7,680 hours).
Approximately 25 percent of
convictions result in a disqualification.
There are 4,800,000 driver convictions
and disqualifications (3,840,000
convictions × 1.25 = 4,800,000). We
estimate that the average amount of time
for each transaction performed by a
State is 2 minutes. The driver
conviction/disqualification transaction
requirement has an estimated annual
burden of 160,000 hours (4,800,000
transactions × 2/60 hours = 160,000
hours).
Approximately 33 percent of active
CDL drivers have a hazardous materials
endorsement. The average renewal
period is approximately 5 years. There
are 760,320 drivers a year applying for,
or renewing, a hazardous materials
endorsement to their CDL (11.52 million
active CDL drivers × .33/5 years =
760,320 drivers). We estimate that the
average amount of time for each
citizenship/resident alien status check
performed by a State is 2 minutes. The
citizenship/resident alien status check
transaction requirement has an
estimated annual burden of 25,344
hours (760,320 transactions × 2/60
hours = 25,344 hours).
The total burden hours for these
combined collection of information
activities is 212,224 hours (19,200 hours
+ 7,680 hours + 160,000 hours + 25,344
hours = 212,224 hours).
(6) CDL Application Form: There are
approximately 576,000 new CDL
applicants a year. It takes approximately
1 minute to complete the CDL
application. The new applicant CDL
application requirement has an
estimated annual burden of 9,600 hours
(576,000 applications × 1 /60 hours =
9,600 hours).
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The average CDL renewal period is
approximately 5 years. Therefore,
2,304,000 drivers renew their CDL a
year (11.52 million active CDL drivers/
5 years = 2,304,000 drivers). It takes
approximately 1 minute for renewal
drivers to complete the CDL application.
The renewal driver CDL application
requirement has an estimated annual
burden of 38,400 hours (2,304,000 × 1/
60 hours = 38,400 hours).
The total burden hours for these
combined collection of information
activities is 48,000 hours (9,600 hours +
38,400 hours = 48,000 hours).
(7) Knowledge and Skills Test
Recordkeeping: There are approximately
576,000 new CDL applicants a year. It
takes approximately 2 minutes to record
the results of knowledge tests and 5
minutes for the skills tests.
Approximately 25 percent of the
applicants fail the knowledge and skills
tests.
The knowledge test recordkeeping
requirement has an estimated annual
burden of 24,000 hours (576,000
applicants × 2 /60 hours × 1.25 = 24,000
hours).
The skills test recordkeeping
requirement has an estimated annual
burden of 60,000 hours (576,000
applicants × 5/60 hours × 1.25 =
60,000).
The total burden hours are 84,000
hours for these combined activities
(24,000 + 60,000 = 84,000).
Background: The licensed drivers in
the United States deserve reasonable
assurance that their fellow motorists are
properly qualified to drive the vehicles
they operate. Before the Commercial
Motor Vehicle Safety Act of 1986
(CMVSA or the Act at Public Law 99–
570, Title XII, 100 Stat. 3207–170), was
signed by the President on October 27,
1986, 18 States and the District of
Columbia authorized any person
licensed to drive an automobile to also
legally drive a large truck or bus. No
special training or special license was
required to drive these vehicles, even
though it was widely recognized that
operation of certain types of vehicles
called for special skills, knowledge and
training. Even in the 32 States that had
a classified driver licensing system, only
12 required an applicant to take a skills
test in a representative vehicle. Equally
serious was the problem of drivers
possessing multiple driver licenses that
enabled the commercial motor vehicle
(CMV) drivers to avoid license
suspension for traffic law convictions.
By spreading their convictions among
several States, CMV drivers could avoid
punishment for their infringements and
stay behind the wheel.
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The CMVSA addressed these
problems. Section 12002 of the Act
makes it illegal for a CMV operator to
have more than one driver’s license.
Section 12003 requires the CMV driver
conducting operations in commerce to
notify both the designated State of
licensure official and the driver’s
employer of any convictions of State or
local laws relating to traffic control
(except parking tickets). This section
also requires each person who applies
for employment as a CMV operator to
notify prospective employers of all
previous employment as a CMV
operator for at least the previous ten
years.
In section 12005 of the Act, the
Secretary of Transportation (Secretary)
is required to develop minimum Federal
standards for testing and licensing of
operators of CMVs.
Section 12007 of the Act also directs
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 the CDLIS.
The CMVSA further requires each
person who has a 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, section 383.21 prohibits
a person from having more than one
license; section 383.31 requires
notification of convictions for driver
violations; section 383.33 requires
notification of driver’s license
suspensions; section 383.35 requires
notification of previous employment;
and section 383.37 outlines employer
responsibilities. Section 383.111
requires the passing of a knowledge test
by the driver and section 383.113
requires the passing of a skills test by
the driver; section 383.115 contains the
requirement for the double/triple trailer
endorsement, section 383.117 contains
the requirement for the passenger
endorsement, section 383.119 contains
the requirement for the tank vehicle
endorsement and section 383.121
contains the requirement for the
hazardous materials endorsement.
Section 12011 of the CMVSA states
that the Secretary shall withhold a
portion of the Federal-aid highway
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funds apportioned to a State if the State
does not substantially comply with the
requirements in section 12009(a) of the
Act. The information gathered during
State compliance reviews is used to
determine whether States are complying
with these requirements.
A final rule was published on July 31,
2002 (67 FR 4972) implementing 15 of
the 16 CDL-related provisions of the
Motor Carrier Safety Improvement Act
of 1999 (MCSIA) (Public Law 106–159,
113 Stat. 1748 (Dec. 9, 1999)) that were
designed to enhance the safety of
drivers on our nation’s highways by
ensuring that only safe drivers operate
CMVs. These new requirements are
contained in 49 CFR part 383 and
include: five new major and serious
disqualifying offenses (section 383.51):
non-CMV disqualifying offenses by a
CDL holder (section 383.51);
disqualification of drivers determined to
be an imminent hazard (section 383.52);
a new school bus endorsement (section
383.123); a prohibition on issuing a
hardship license to operate a CMV
while under suspension (section
384.210); a prohibition on masking
convictions (section 384.226); and
various requirements for transmitting,
posting and retaining driver convictions
and disqualification records
An interim final rule (IFR) was
published on May 5, 2003 (68 FR 23844)
as a companion rule to the
Transportation Security
Administration’s (TSA’s) May 5, 2003
IFR implementing section 1012 of the
USA PATRIOT Act (Public Law 107–56)
on security threat assessments for
drivers applying for, or renewing, a CDL
with a hazardous materials
endorsement. While TSA set the
requirements in their rule; FMCSA has
the responsibility as part of the CDL
testing and issuance process to ensure
that States are in compliance with the
TSA requirements.
The 10-year employment history
information supplied by the CDL holder
to the employer upon application for
employment (49 CFR 383.35) is used to
assist the employer in meeting his/her
responsibilities to ensure that the
applicant does not have a history of
high safety risk behavior.
State officials use the information
collected on the license application
form (49 CFR 383.71) and the conviction
and disqualification data posted to the
driving record (49 CFR 383.73) to
prevent unqualified and/or disqualified
CDL holders from operating CMVs on
the nation’s highways. State officials are
also required to administer knowledge
and skills tests to CDL driver applicants
(49 CFR 384.202). The driver applicant
is required to correctly answer at least
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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 unqualified and/or
disqualified drivers from being issued a
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.
Information submitted by the States
will be used by FMCSA to determine if
individual States are in ‘‘substantial
compliance’’ with section 12009(a) of
the CMVSA. The FMCSA reviews
information submitted by the States and
conducts such reviews, audits, and
investigations of each State once every
three years or as it deems necessary to
make compliance determinations for all
States and the District of Columbia. If
this information were not available,
FMCSA would have no means of
independently verifying State
compliance.
This request for renewed approval
includes three additional information
collection items: (1) ‘‘State completing
documents for a State-CDL compliance
review [49 CFR 384],’’ (2) ‘‘CDL
Knowledge and Skills Tests
Recordkeeping [49 CFR 384.202]’’ and
3) driver renewals under ‘‘Driver
Completion of the CDL Application [49
CFR 383.71].’’
Only one comment was received in
response to the 60-day notice that was
published on July 10, 2007 (72 FR
37563). It was in the form of a report on
covert monitoring of third-party testers
from the State of North Carolina,
Division of Motor Vehicles. The report
did not provide any information that
would affect the information collection
burden hour estimate.
Definitions: Under 49 CFR 383.5, a
CMV is defined as a motor vehicle or
combination of motor vehicles which:
(a) Has a gross combination weight
rating of 11,794 or more kilograms (kg)
(26,001 or more pounds (lbs) inclusive
of a towed unit with a gross vehicle
weight rating (GVWR) of more than
4,536 kg (10,000 lbs); (b) has a GVWR
of 11,794 or more kg (26,001 or more
lbs); (c) is designed to transport 16 or
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more passengers, including the driver;
or (d) is of any size and is used to
transport hazardous materials as
hazardous materials are defined in 49
CFR 383.5.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
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.
Issued on: October 11, 2007.
Terry Shelton,
Associate Administrator, Research &
Information Technology.
[FR Doc. E7–20490 Filed 10–16–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Availability of Grant Program Funds
for Commercial Driver’s License
Program Improvements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Federal Motor Carrier
Safety Administration announces the
availability of Commercial Driver’s
License Program Improvement (CDLPI)
grant funding as authorized by Section
4124 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU). The
program is a discretionary grant
program that provides funding for
improving States’ implementation of the
Commercial Driver’s License (CDL)
program, including expenses for
computer hardware and software,
publications, testing, personnel,
training, and quality control. Grants to
bring States into compliance with the
requirements in 49 CFR parts 383 and
384 will receive priority. Grants made
under this program may not be used to
rent, lease, or buy land or buildings. The
agency in each State designated as the
primary driver licensing agency
responsible for the development,
implementation, and maintenance of the
CDL program is eligible to apply for
grant funding. To apply for funding,
applicants must register with the
grants.gov Web site (https://
www.grants.gov/applicants/
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get_registered.jsp) and submit an
application in accordance with
instructions provided. Applications for
grant funding must be submitted
electronically to the FMCSA through the
grants.gov Web site.
DATES: FMCSA will initially consider
funding for applications submitted by
January 8, 2008, by qualified applicants.
If additional funding remains available,
applications submitted after January 8,
2008, will be considered on a case-bycase basis. Funds will not be available
for allocation until fiscal year 2008
appropriations legislation is passed and
signed into law.
FOR FURTHER INFORMATION CONTACT: Visit
https://www.grants.gov. Information on
the grant, application process, and
additional contact information is
available at that Web site. General
information about the CDLPI grant is
available in The Catalog of Federal
Domestic Assistance (CFDA) which can
be found on the Internet at https://
www.cfda.gov. The CFDA number for
CDLPI is 20.232. You may also contact
Mr. James Davis, Federal Motor Carrier
Safety Administration, Office of Safety
Programs, Commercial Driver’s License
Division (MC–ESL), 202–366–6406,
1200 New Jersey Avenue, SE., Suite
W65–226, Washington, DC 20590.
Office hours are from 8 a.m. to 4:30
p.m., ET, Monday through Friday,
except Federal holidays.
William Quade,
Associate Administrator, Enforcement and
Policy Program Delivery.
[FR Doc. E7–20487 Filed 10–16–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–28055]
Demonstration Project on NAFTA
Trucking Provisions
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for public
comment.
AGENCY:
SUMMARY: The FMCSA announces and
requests public comment on data and
information concerning the PreAuthority Safety Audits (PASAs) for
motor carriers that have applied to
participate in the Agency’s project to
demonstrate the ability of Mexicodomiciled motor carriers to operate
safely in the United States beyond the
commercial zones along the U.S.Mexico border. This action is required
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58929
by the ‘‘U.S. Troop Readiness, Veterans’
Care, Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007.’’
DATES: Comments must be received on
or before November 1, 2007.
ADDRESSES: You may submit comments
identified by FDMS Docket ID Number
FMCSA–2007–28055 by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Alternatively, you can file comments
using the following methods:
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., Room W12–
140, Washington, DC 20590.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Request for Comments heading
of the Supplementary Information
section of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Milt Schmidt, Division Chief, North
American Borders Division, Telephone
(202) 366–4049; e-mail
milt.schmidt@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2007, the President
signed into law the U.S. Troop
Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act),
(Public Law 110–28). Section 6901 of
the Act requires that certain actions be
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[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58926-58929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20490]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-29250]
Agency Information Collection Activities; Revision of an Approved
Information Collection: OMB Control No. 2126-0011 (Commercial Driver
Licensing and Test Standards)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the existing Information Collection
Request (ICR) described below to the Office of Management and Budget
(OMB) for review and approval. This information collection is necessary
to ensure that drivers, motor carriers and the States comply with the
notification and recordkeeping requirements for information related to
testing, licensing, violations, convictions and disqualifications and
that the information is accurate. On July 10, 2007, FMCSA published a
Federal Register notice allowing for a 60-day comment period on the
ICR. One comment was received.
DATES: Please send your comments by November 16, 2007. OMB must receive
your comments by this date in order to act quickly on the ICR.
ADDRESSES: You may submit comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 Seventeenth
Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior
Transportation Specialist, Office of Safety Programs, Commercial
Driver's License Division, MC-ESL (W65-227), 1200 New Jersey Avenue,
SE, Washington, DC 20590-0001. Telephone: 202-366-5014; e-mail
robert.redmond@dot.gov. Office hours are from 9 a.m. to 5:30 p.m.,
e.t., Monday through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Driver Licensing and Test Standards.
[[Page 58927]]
OMB Control Number: 2126-0011.
Type of Request: Revision of a currently-approved information
collection.
Respondents: Drivers with a commercial driver's license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents: 8,332,800 driver respondents and
7,870,720 State respondents.
Estimated Time per Response: 5.15 minutes.
Expiration Date: October 31, 2007.
Frequency of Response: Variable.
Estimated Total Annual Burden: 1,391,456 hours.
The information collection is comprised of seven components:
(1) Notification of Convictions/Disqualifications: There are
approximately 11.52 million active commercial driver's license (CDL)
driver records. Each driver averages 1 conviction every 3 years. The
estimated number of annual responses = 3,840,000 (11.52 million CDL
drivers/3 = 3,840,000). It takes approximately 10 minutes to notify a
motor carrier concerning convictions. The notification requirement has
an estimated annual burden of 640,000 burden hours (3,840,000
convictions x 10/60 hours = 640,000 hours);
(2) Providing Previous Employment History: Estimated annual
turnover rate of drivers is approximately 14 percent. There are an
estimated 1,612,800 annual responses to this requirement (11.52 million
CDL drivers x .14 annual turnover rate = 1,612,800). It takes
approximately 15 minutes to complete this requirement. The employment
history requirement has an estimated annual burden of 403,200 hours
(1,612,800 annual responses x 15/60 hours = 403,200 hours);
(3) State Certification of Compliance: There are 51 responses (50
States and the District of Columbia) to this requirement and it takes
approximately 32 hours to complete each response. The compliance
certification requirement has an estimated annual burden of 1,632 hours
(51 responses x 32 hours = 1,632 hours);
(4) State Compliance Review Documentation: A State CDL compliance
review is conducted approximately every 3.4 years. There are 15
responses (51 States/3.4 years = 15 States/year). It takes
approximately 160 hours to complete each response. The State compliance
review documentation requirement has an estimated annual burden of
2,400 hours (15 States x 160 hours = 2,400 hours).
(5) CDLIS Recordkeeping: Fifty (50) States and the District of
Columbia are required to enter data into the commercial driver's
license information system (CDLIS) about operators of CMVs and to
perform record checks before issuing, renewing, upgrading or
transferring a CDL.
There are approximately 576,000 new drivers a year (11.52 million
drivers x .05 = 576,000 new drivers). We estimate that the average
amount of time for each CDLIS inquiry performed by a State to add a new
driver is 2 minutes. The new driver requirement has an estimated annual
burden of 19,200 hours (576,000 transactions x 2/60 = 19,200 hours).
There are 230,400 drivers a year who change their State of domicile
(11.52 million drivers x .02 = 230,400 drivers). We estimate that the
average amount of time for each CDLIS inquiry performed by a State to
change a driver's State of domicile is 2 minutes. The State of domicile
change requirement has an estimated annual burden of 7,680 hours
(230,400 transactions x 2/60 hours = 7,680 hours).
Approximately 25 percent of convictions result in a
disqualification. There are 4,800,000 driver convictions and
disqualifications (3,840,000 convictions x 1.25 = 4,800,000). We
estimate that the average amount of time for each transaction performed
by a State is 2 minutes. The driver conviction/disqualification
transaction requirement has an estimated annual burden of 160,000 hours
(4,800,000 transactions x 2/60 hours = 160,000 hours).
Approximately 33 percent of active CDL drivers have a hazardous
materials endorsement. The average renewal period is approximately 5
years. There are 760,320 drivers a year applying for, or renewing, a
hazardous materials endorsement to their CDL (11.52 million active CDL
drivers x .33/5 years = 760,320 drivers). We estimate that the average
amount of time for each citizenship/resident alien status check
performed by a State is 2 minutes. The citizenship/resident alien
status check transaction requirement has an estimated annual burden of
25,344 hours (760,320 transactions x 2/60 hours = 25,344 hours).
The total burden hours for these combined collection of information
activities is 212,224 hours (19,200 hours + 7,680 hours + 160,000 hours
+ 25,344 hours = 212,224 hours).
(6) CDL Application Form: There are approximately 576,000 new CDL
applicants a year. It takes approximately 1 minute to complete the CDL
application. The new applicant CDL application requirement has an
estimated annual burden of 9,600 hours (576,000 applications x 1 /60
hours = 9,600 hours).
The average CDL renewal period is approximately 5 years. Therefore,
2,304,000 drivers renew their CDL a year (11.52 million active CDL
drivers/5 years = 2,304,000 drivers). It takes approximately 1 minute
for renewal drivers to complete the CDL application. The renewal driver
CDL application requirement has an estimated annual burden of 38,400
hours (2,304,000 x 1/60 hours = 38,400 hours).
The total burden hours for these combined collection of information
activities is 48,000 hours (9,600 hours + 38,400 hours = 48,000 hours).
(7) Knowledge and Skills Test Recordkeeping: There are
approximately 576,000 new CDL applicants a year. It takes approximately
2 minutes to record the results of knowledge tests and 5 minutes for
the skills tests. Approximately 25 percent of the applicants fail the
knowledge and skills tests.
The knowledge test recordkeeping requirement has an estimated
annual burden of 24,000 hours (576,000 applicants x 2 /60 hours x 1.25
= 24,000 hours).
The skills test recordkeeping requirement has an estimated annual
burden of 60,000 hours (576,000 applicants x 5/60 hours x 1.25 =
60,000).
The total burden hours are 84,000 hours for these combined
activities (24,000 + 60,000 = 84,000).
Background: The licensed drivers in the United States deserve
reasonable assurance that their fellow motorists are properly qualified
to drive the vehicles they operate. Before the Commercial Motor Vehicle
Safety Act of 1986 (CMVSA or the Act at Public Law 99-570, Title XII,
100 Stat. 3207-170), was signed by the President on October 27, 1986,
18 States and the District of Columbia authorized any person licensed
to drive an automobile to also legally drive a large truck or bus. No
special training or special license was required to drive these
vehicles, even though it was widely recognized that operation of
certain types of vehicles called for special skills, knowledge and
training. Even in the 32 States that had a classified driver licensing
system, only 12 required an applicant to take a skills test in a
representative vehicle. Equally serious was the problem of drivers
possessing multiple driver licenses that enabled the commercial motor
vehicle (CMV) drivers to avoid license suspension for traffic law
convictions. By spreading their convictions among several States, CMV
drivers could avoid punishment for their infringements and stay behind
the wheel.
[[Page 58928]]
The CMVSA addressed these problems. Section 12002 of the Act makes
it illegal for a CMV operator to have more than one driver's license.
Section 12003 requires the CMV driver conducting operations in commerce
to notify both the designated State of licensure official and the
driver's employer of any convictions of State or local laws relating to
traffic control (except parking tickets). This section also requires
each person who applies for employment as a CMV operator to notify
prospective employers of all previous employment as a CMV operator for
at least the previous ten years.
In section 12005 of the Act, the Secretary of Transportation
(Secretary) is required to develop minimum Federal standards for
testing and licensing of operators of CMVs.
Section 12007 of the Act also directs 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 the CDLIS.
The CMVSA further requires each person who has a 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, section 383.21 prohibits a person from having more
than one license; section 383.31 requires notification of convictions
for driver violations; section 383.33 requires notification of driver's
license suspensions; section 383.35 requires notification of previous
employment; and section 383.37 outlines employer responsibilities.
Section 383.111 requires the passing of a knowledge test by the driver
and section 383.113 requires the passing of a skills test by the
driver; section 383.115 contains the requirement for the double/triple
trailer endorsement, section 383.117 contains the requirement for the
passenger endorsement, section 383.119 contains the requirement for the
tank vehicle endorsement and section 383.121 contains the requirement
for the hazardous materials endorsement.
Section 12011 of the CMVSA states that the Secretary shall withhold
a portion of the Federal-aid highway funds apportioned to a State if
the State does not substantially comply with the requirements in
section 12009(a) of the Act. The information gathered during State
compliance reviews is used to determine whether States are complying
with these requirements.
A final rule was published on July 31, 2002 (67 FR 4972)
implementing 15 of the 16 CDL-related provisions of the Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159, 113 Stat.
1748 (Dec. 9, 1999)) that were designed to enhance the safety of
drivers on our nation's highways by ensuring that only safe drivers
operate CMVs. These new requirements are contained in 49 CFR part 383
and include: five new major and serious disqualifying offenses (section
383.51): non-CMV disqualifying offenses by a CDL holder (section
383.51); disqualification of drivers determined to be an imminent
hazard (section 383.52); a new school bus endorsement (section
383.123); a prohibition on issuing a hardship license to operate a CMV
while under suspension (section 384.210); a prohibition on masking
convictions (section 384.226); and various requirements for
transmitting, posting and retaining driver convictions and
disqualification records
An interim final rule (IFR) was published on May 5, 2003 (68 FR
23844) as a companion rule to the Transportation Security
Administration's (TSA's) May 5, 2003 IFR implementing section 1012 of
the USA PATRIOT Act (Public Law 107-56) on security threat assessments
for drivers applying for, or renewing, a CDL with a hazardous materials
endorsement. While TSA set the requirements in their rule; FMCSA has
the responsibility as part of the CDL testing and issuance process to
ensure that States are in compliance with the TSA requirements.
The 10-year employment history information supplied by the CDL
holder to the employer upon application for employment (49 CFR 383.35)
is used to assist the employer in meeting his/her responsibilities to
ensure that the applicant does not have a history of high safety risk
behavior.
State officials use the information collected on the license
application form (49 CFR 383.71) and the conviction and
disqualification data posted to the driving record (49 CFR 383.73) to
prevent unqualified and/or disqualified CDL holders from operating CMVs
on the nation's highways. State officials are also required to
administer knowledge and skills tests to CDL driver applicants (49 CFR
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 unqualified
and/or disqualified drivers from being issued a 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.
Information submitted by the States will be used by FMCSA to
determine if individual States are in ``substantial compliance'' with
section 12009(a) of the CMVSA. The FMCSA reviews information submitted
by the States and conducts such reviews, audits, and investigations of
each State once every three years or as it deems necessary to make
compliance determinations for all States and the District of Columbia.
If this information were not available, FMCSA would have no means of
independently verifying State compliance.
This request for renewed approval includes three additional
information collection items: (1) ``State completing documents for a
State-CDL compliance review [49 CFR 384],'' (2) ``CDL Knowledge and
Skills Tests Recordkeeping [49 CFR 384.202]'' and 3) driver renewals
under ``Driver Completion of the CDL Application [49 CFR 383.71].''
Only one comment was received in response to the 60-day notice that
was published on July 10, 2007 (72 FR 37563). It was in the form of a
report on covert monitoring of third-party testers from the State of
North Carolina, Division of Motor Vehicles. The report did not provide
any information that would affect the information collection burden
hour estimate.
Definitions: Under 49 CFR 383.5, a CMV is defined as a motor
vehicle or combination of motor vehicles which: (a) Has a gross
combination weight rating of 11,794 or more kilograms (kg) (26,001 or
more pounds (lbs) inclusive of a towed unit with a gross vehicle weight
rating (GVWR) of more than 4,536 kg (10,000 lbs); (b) has a GVWR of
11,794 or more kg (26,001 or more lbs); (c) is designed to transport 16
or
[[Page 58929]]
more passengers, including the driver; or (d) is of any size and is
used to transport hazardous materials as hazardous materials are
defined in 49 CFR 383.5.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for the 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.
Issued on: October 11, 2007.
Terry Shelton,
Associate Administrator, Research & Information Technology.
[FR Doc. E7-20490 Filed 10-16-07; 8:45 am]
BILLING CODE 4910-EX-P
