Agency Information Collection (IC) Activities; Extension of a Currently Approved Collection: Training Certification for Entry-Level Commercial Motor Vehicle Operators, 25607-25608 [E9-12326]

Download as PDF Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices asterisks, where business confidential information was redacted or deleted from the applicable sentences to https://www.regulations.gov. Business confidential submissions that are submitted without the required markings, or are not accompanied by a properly marked non-confidential version, as set forth above, might not be accepted or may be considered public documents. The non-confidential summary will be placed in the docket and open to public inspection. III. Public Viewing of Review Submissions Submissions in response to this notice, except for information granted ‘‘business confidential’’ status under 15 CFR 2003.6, will be available for public viewing pursuant to 15 CFR 2007.6 at https://www.regulations.gov upon completion of processing and no later than approximately two weeks after the relevant due date. Such submissions may be viewed by entering the docket number USTR–2009–0015 in the search field at: https://www.regulations.gov. Marideth Sandler, Executive Director, GSP Program, Chairman, GSP Subcommittee of the Trade Policy Staff Committee. [FR Doc. E9–12406 Filed 5–27–09; 8:45 am] BILLING CODE 3190–W9–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2009–0112] Agency Information Collection (IC) Activities; Extension of a Currently Approved Collection: Training Certification for Entry-Level Commercial Motor Vehicle Operators AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval, and invites public comment. The FMCSA requests approval to extend an ICR entitled, ‘‘Training Certification for Entry-Level Commercial Motor Vehicle Operators.’’ There is no change from the burden estimate approved by OMB on March 11, 2008. VerDate Nov<24>2008 17:11 May 27, 2009 Jkt 217001 DATES: We must receive your comments on or before July 27, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket Number FMCSA–2009–0112 by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001 between 9 a.m. and 5 p.m., e.t. Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251 Each submission must include the Agency name and the docket number for this Notice. Note that DOT posts all comments received without change to https://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or to Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, 20590– 0001 between 9 a.m. and 5 p.m., e.t. Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting them on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person 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 on April 11, 2000 (65 FR 19476). This information is also available at https://docketsinfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC, 20590–0001. Telephone: 202–366– 4325. E-mail: MCPSD@dot.gov. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 25607 SUPPLEMENTARY INFORMATION: Background: The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. 31301 et seq.) established national minimum testing and licensing standards for operators of large trucks and buses. Congress sought to ensure that drivers of large trucks and buses possessed the knowledge and skills necessary to operate these vehicles. The CMVSA established the ‘‘Commercial Drivers License’’ (CDL) program and directed the Federal Highway Administration (FHWA), FMCSA’s predecessor agency, to establish minimum Federal standards that States must meet when licensing CMV drivers. The CMVSA applies to most operators of CMVs in interstate or intrastate commerce, including employees of Federal, State and local governments. Section 4007(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102–240, December 18, 1991) directed the FHWA to ‘‘commence a rulemaking proceeding on the need to require training of all entry-level drivers of CMVs.’’ On June 21, 1993, the FHWA published in the Federal Register an advance notice of proposed rulemaking entitled, ‘‘Commercial Motor Vehicles: Training for All Entry Level Drivers’’ (58 FR 33874). The Agency also began a study of the effectiveness of the training of entry-level drivers by the private sector. The results of the study were published in 1997 under the title ‘‘Adequacy of Commercial Motor Vehicle Driver Training,’’ and are available in FMCSA Docket 1997–2199. The study found that the heavy truck, motor coach, and school bus segments of the industry were not providing adequate entry-level training. On August 15, 2003, FMCSA published a notice of proposed rulemaking (NPRM) entitled, ‘‘Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators’’ (68 FR 48863). The Agency proposed mandatory training for operators of CMVs in four areas: Driver qualifications, hours-of-service of drivers, driver wellness and whistleblower protection. Training in these topics was not required at that time, and the Agency believed that knowledge of these areas was crucial to CMV safety. On May 21, 2004, FMCSA published a final rule with the same title as the NPRM (69 FR 29384). The Agency mandated training for all CDL operators in the four subject areas, effective July 20, 2004, despite litigation over the final rule in the U.S. Court of Appeals for the D.C. Circuit. While the court ordered a remand so the Agency could review the matter, the court did not vacate the rule. E:\FR\FM\28MYN1.SGM 28MYN1 25608 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices Consequently, the final rule is currently in effect (Advocates for Highway and Auto Safety v. Federal Motor Carrier Safety Administration, 429 F. 3d1136 (D.C.Cir. 2005). Title: Training Certification for EntryLevel Commercial Motor Vehicle Operators OMB Control Number: 2126–0028. Type of Request: Extension of an IC. Respondents: Entry-level CDL drivers. Estimated Number of Respondents: 45,611. Estimated Time per Response: 10 minutes. Expiration Date: September 30, 2009. Frequency of Response: On occasion. Estimated Total Annual Burden: 7,602 hours. FMCSA estimates that an entry-level driver requires approximately 10 minutes to complete the tasks necessary to comply with the regulation. Those tasks are: Photocopying the training certificate, giving the photocopy to the motor carrier employer, and placing the original of the certificate in a personal file. Therefore, the annual burden for all entry-level drivers is 7,602 hours [45,611 respondents × 10 minutes/60 minutes to complete a response = 7,601.8 hours (rounded to 7,602 hours)]. Definitions: ‘‘Commercial Motor Vehicle (CMV)’’: A motor vehicle operated in commerce and having a gross vehicle weight rating of 26,001 pounds or more, regardless of actual weight, or designed to transport 16 or more passengers, or used to transport placardable and dangerous hazardous materials (49 CFR 383.5). The term ‘‘CMV’’ is limited to this definition in this document; the term ‘‘CDL driver’’ is used because the operators of these CMVs are required to have a valid commercial driver’s license (CDL). This rule currently applies solely to ‘‘entrylevel’’ CDL drivers, i.e., those who have less than one year of experience operating a CMV (49 CFR 380.502(b)). 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 FMCSA’s performance of 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. The Agency will summarize or include your comments in the request for OMB’s clearance of this information collection. VerDate Nov<24>2008 17:11 May 27, 2009 Jkt 217001 Issued on: May 20, 2009. David T. Anewalt, Acting Associate Administrator, Research and Information Technology. [FR Doc. E9–12326 Filed 5–27–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Terminal Railroad Association of Saint Louis (Waiver Petition Docket Number FRA– 2009–0026) The Terminal Railroad Association of Saint Louis (TRRA) seeks a permanent waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.21(a), as it pertains to the record keeping requirement for locomotive daily inspection reports. If their request is granted, TRRA will file the required report electronically in a secure centralized database that would be set up to track and store the daily inspection records for the required 92 days. The railroad states that each employee performing the inspections would be provided a unique electronic identification which will be utilized in place of the signature. All requirements, date, time location, person conducting inspection, and any non-complying conditions will be reported electronically. TRRA utilizes an onboard record of daily inspection and will continue to do so if their request is granted. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 appropriate docket number (e.g., Waiver Petition Docket Number FRA–2009– 0026) and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Communications received within 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at https://www.regulations.gov. Anyone is able to search the electronic form of any written communications and 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 (Volume 65, Number 70; Pages 19477–78). Issued in Washington, DC, on May 20, 2009. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E9–12327 Filed 5–27–09; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Project Number STP–0022–01 (059)] Environmental Impact Statement: Harrison, Jackson, Stone, Perry, George, and Greene Counties, MS AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Revision to the Original Notice of Intent. SUMMARY: The Federal Highway Administration is issuing this revised E:\FR\FM\28MYN1.SGM 28MYN1

Agencies

[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Pages 25607-25608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12326]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0112]


Agency Information Collection (IC) Activities; Extension of a 
Currently Approved Collection: Training Certification for Entry-Level 
Commercial Motor Vehicle Operators

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for review 
and approval, and invites public comment. The FMCSA requests approval 
to extend an ICR entitled, ``Training Certification for Entry-Level 
Commercial Motor Vehicle Operators.'' There is no change from the 
burden estimate approved by OMB on March 11, 2008.

DATES: We must receive your comments on or before July 27, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket Number FMCSA-2009-0112 by any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9 a.m. 
and 5 p.m., e.t. Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
    Each submission must include the Agency name and the docket number 
for this Notice. Note that DOT posts all comments received without 
change to https://www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to https://www.regulations.gov at any time or to Room W12-
140 on the ground level of the West Building, 1200 New Jersey Avenue, 
SE., Washington, DC, 20590-0001 between 9 a.m. and 5 p.m., e.t. Monday 
through Friday, except Federal holidays. The FDMS is available 24 hours 
each day, 365 days each year. If you want acknowledgement that we 
received your comments, please include a self-addressed, stamped 
envelope or postcard or print the acknowledgement page that appears 
after submitting them on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person 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 on April 11, 2000 (65 FR 19476). This information is also 
available at https://docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC, 20590-
0001. Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: Background: The Commercial Motor Vehicle 
Safety Act of 1986 (CMVSA) (49 U.S.C. 31301 et seq.) established 
national minimum testing and licensing standards for operators of large 
trucks and buses. Congress sought to ensure that drivers of large 
trucks and buses possessed the knowledge and skills necessary to 
operate these vehicles. The CMVSA established the ``Commercial Drivers 
License'' (CDL) program and directed the Federal Highway Administration 
(FHWA), FMCSA's predecessor agency, to establish minimum Federal 
standards that States must meet when licensing CMV drivers. The CMVSA 
applies to most operators of CMVs in interstate or intrastate commerce, 
including employees of Federal, State and local governments.
    Section 4007(a)(2) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, December 18, 1991) 
directed the FHWA to ``commence a rulemaking proceeding on the need to 
require training of all entry-level drivers of CMVs.'' On June 21, 
1993, the FHWA published in the Federal Register an advance notice of 
proposed rulemaking entitled, ``Commercial Motor Vehicles: Training for 
All Entry Level Drivers'' (58 FR 33874). The Agency also began a study 
of the effectiveness of the training of entry-level drivers by the 
private sector. The results of the study were published in 1997 under 
the title ``Adequacy of Commercial Motor Vehicle Driver Training,'' and 
are available in FMCSA Docket 1997-2199. The study found that the heavy 
truck, motor coach, and school bus segments of the industry were not 
providing adequate entry-level training.
    On August 15, 2003, FMCSA published a notice of proposed rulemaking 
(NPRM) entitled, ``Minimum Training Requirements for Entry-Level 
Commercial Motor Vehicle Operators'' (68 FR 48863). The Agency proposed 
mandatory training for operators of CMVs in four areas: Driver 
qualifications, hours-of-service of drivers, driver wellness and 
whistle-blower protection. Training in these topics was not required at 
that time, and the Agency believed that knowledge of these areas was 
crucial to CMV safety. On May 21, 2004, FMCSA published a final rule 
with the same title as the NPRM (69 FR 29384). The Agency mandated 
training for all CDL operators in the four subject areas, effective 
July 20, 2004, despite litigation over the final rule in the U.S. Court 
of Appeals for the D.C. Circuit. While the court ordered a remand so 
the Agency could review the matter, the court did not vacate the rule.

[[Page 25608]]

Consequently, the final rule is currently in effect (Advocates for 
Highway and Auto Safety v. Federal Motor Carrier Safety Administration, 
429 F. 3d1136 (D.C.Cir. 2005).
    Title: Training Certification for Entry-Level Commercial Motor 
Vehicle Operators
    OMB Control Number: 2126-0028.
    Type of Request: Extension of an IC.
    Respondents: Entry-level CDL drivers.
    Estimated Number of Respondents: 45,611.
    Estimated Time per Response: 10 minutes.
    Expiration Date: September 30, 2009.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 7,602 hours. FMCSA estimates that an 
entry-level driver requires approximately 10 minutes to complete the 
tasks necessary to comply with the regulation. Those tasks are: 
Photocopying the training certificate, giving the photocopy to the 
motor carrier employer, and placing the original of the certificate in 
a personal file. Therefore, the annual burden for all entry-level 
drivers is 7,602 hours [45,611 respondents x 10 minutes/60 minutes to 
complete a response = 7,601.8 hours (rounded to 7,602 hours)].
    Definitions: ``Commercial Motor Vehicle (CMV)'': A motor vehicle 
operated in commerce and having a gross vehicle weight rating of 26,001 
pounds or more, regardless of actual weight, or designed to transport 
16 or more passengers, or used to transport placardable and dangerous 
hazardous materials (49 CFR 383.5). The term ``CMV'' is limited to this 
definition in this document; the term ``CDL driver'' is used because 
the operators of these CMVs are required to have a valid commercial 
driver's license (CDL). This rule currently applies solely to ``entry-
level'' CDL drivers, i.e., those who have less than one year of 
experience operating a CMV (49 CFR 380.502(b)).
    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 FMCSA's performance of 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. The Agency will summarize or 
include your comments in the request for OMB's clearance of this 
information collection.

    Issued on: May 20, 2009.
David T. Anewalt,
Acting Associate Administrator, Research and Information Technology.
[FR Doc. E9-12326 Filed 5-27-09; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.