Commercial Driver's License Testing and Commercial Learner's Permit Standards, 26989-26990 [2012-10931]
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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
same manner as the incumbent LEC
would not be subject to the cap.
Eliminating the ‘‘own costs’’ exception
does not alter the content of this
information collection; it does, however,
address and satisfy the terms of
clearance in the May 2009 Notice of
Office of Management and Budget
Notice of Approval.
The order also revises the
certifications that states (or ETCs that
are not subject to state jurisdiction) are
required to file annually with the
Commission and the universal service
fund Administrator to ensure that
carriers use universal service support
‘‘only for the provision, maintenance
and upgrading of facilities and services
for which the support is intended’’
consistent with section 254(e) of the
Act. Although the existing certifications
are prospective only, the revised
certification will ensure that carriers not
only will use support in the next year
for the intended purposes, but also have
used support in the prior year for the
intended purposes.
The order also eliminates eligibility
for Safety Net Additive support for costs
incurred after 2009. Accordingly, this
collection is being revised to eliminate
the requirement that carriers notify the
Commission and USAC that they qualify
for Safety Net Additive Support.
The order also eliminates the
distinction between ‘‘rural’’ and ‘‘nonrural’’ carriers. Therefore, this collection
is being revised to eliminate the
reporting requirements for selfcertification as a rural carrier.
The order also moves the
recordkeeping requirement from 47 CFR
54.202(e) to new 47 CFR 54.320. It also
increases the required document
retention period from five to ten years
and makes clear that carriers are subject
to random compliance audits and other
investigations and must make all
documents and records available to the
Commission, any of its Bureaus or
Offices, the USF Administrator, and
their respective auditors.
The order extends current federal
annual reporting requirements to all
ETCs, including those designated by
states. Specifically, the order requires
that all ETCs must include in their
annual reports the information that is
currently required by § 54.209(a)(1)
through (a)(6)—specifically, a progress
report on their five-year build-out plans;
data and explanatory text concerning
outages; unfulfilled requests for service;
complaints received; certification of
compliance with applicable service
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quality and consumer protection
standards; and certification of its ability
to function in emergency situations. All
ETCs that receive high-cost support will
file this information with the
Commission, USAC, and the relevant
state commission, relevant authority in
a U.S. Territory, or Tribal government,
as appropriate.
Finally, this submission eliminates
the recordkeeping requirements from
OMB Control Number 3060–0894. Upon
OMB approval of this information
collection revision, the Commission will
voluntarily discontinue OMB Control
Number 3060–0894.
The Commission plans to submit
additional revisions or new collections
for OMB review and approval to address
other reforms adopted in the Order at a
later date.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012–10631 Filed 5–7–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Commercial Driver’s License Testing
and Commercial Learner’s Permit
Standards
Federal Motor Carrier Safety
Administration (FMCSA), (DOT).
ACTION: Correcting amendments.
AGENCY:
FMCSA published a final rule
in the Federal Register on Monday, May
9, 2011, that became effective on July 8,
2011. That final rule amended the
commercial driver’s license (CDL)
knowledge and skills testing standards
and established new minimum Federal
standards for States to issue the
commercial learner’s permit (CLP).
Since the final rule was published,
FMCSA identified minor discrepancies
regarding section references in existing
regulatory text resulting from the final
rule. This document corrects those
section references.
DATES: This final rule is effective on
May 8, 2012.
FOR FURTHER INFORMATION CONTACT:
Robert Redmond, Office of Safety
Fmt 4700
Sfmt 4700
List of Subjects
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Highway safety, Highways and roads,
Motor carriers, Motor vehicle safety,
Safety fitness procedures.
Accordingly, 49 CFR parts 384 and
385 are corrected by making the
following correcting amendments:
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
Authority: 49 U.S.C. 31136, 31301 et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
159, 113 Stat. 1753, 1767; and 49 CFR 1.73.
RIN 2126–AB02
Frm 00079
This
document corrects section references in
a final rule amending the commercial
driver’s license (CDL) knowledge and
skills testing standards, which was
published in the Federal Register on
Monday, May 9, 2011 (76 FR 26853).
SUPPLEMENTARY INFORMATION:
1. The authority citation for part 384
continues to read as follows:
[Docket No. FMCSA–2007–27659]
PO 00000
Programs, Commercial Driver’s License
Division, telephone (202) 366–5014 or
email robert.redmond@dot.gov. Office
hours are from 8:00 a.m. to 4:30 p.m.
■
49 CFR Parts 384 and 385
SUMMARY:
26989
■
2. Revise § 384.234 to read as follows:
§ 384.234 Driver medical certification
recordkeeping.
The State must meet the medical
certification recordkeeping
requirements of § 383.73(b)(5) and (o) of
this chapter.
PART 385—SAFETY FITNESS
PROCEDURES
3. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(e), 5109, 5113, 13901–13905, 31136,
31144, 31148, and 31502; Sec. 350 of Pub. L.
107–87; and 49 CFR 1.73.
4. Amend the Table to § 385.321 by
revising Violation 7 to read as follows:
■
§ 385.321 What failures of safety
management practices disclosed by the
safety audit will result in a notice to a new
entrant that its USDOT new entrant
registration will be revoked?
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26990
Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
TABLE TO § 385.321—VIOLATIONS THAT WILL RESULT IN AUTOMATIC FAILURE OF THE NEW ENTRANT SAFETY AUDIT
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7. § 383.37(b)-Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle with a commercial learner’s permit or commercial driver’s license which is disqualified
by a State, has lost the right to operate a CMV in a State or who is disqualified to operate a commercial
motor vehicle.
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Single occurrence.
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Issued on: April 19, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–10931 Filed 5–7–12; 8:45 am]
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BILLING CODE 4910–EX–P
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Agencies
[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Rules and Regulations]
[Pages 26989-26990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10931]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 384 and 385
[Docket No. FMCSA-2007-27659]
RIN 2126-AB02
Commercial Driver's License Testing and Commercial Learner's
Permit Standards
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), (DOT).
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: FMCSA published a final rule in the Federal Register on
Monday, May 9, 2011, that became effective on July 8, 2011. That final
rule amended the commercial driver's license (CDL) knowledge and skills
testing standards and established new minimum Federal standards for
States to issue the commercial learner's permit (CLP). Since the final
rule was published, FMCSA identified minor discrepancies regarding
section references in existing regulatory text resulting from the final
rule. This document corrects those section references.
DATES: This final rule is effective on May 8, 2012.
FOR FURTHER INFORMATION CONTACT: Robert Redmond, Office of Safety
Programs, Commercial Driver's License Division, telephone (202) 366-
5014 or email robert.redmond@dot.gov. Office hours are from 8:00 a.m.
to 4:30 p.m.
SUPPLEMENTARY INFORMATION: This document corrects section references in
a final rule amending the commercial driver's license (CDL) knowledge
and skills testing standards, which was published in the Federal
Register on Monday, May 9, 2011 (76 FR 26853).
List of Subjects
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Highway safety, Highways and roads, Motor carriers, Motor vehicle
safety, Safety fitness procedures.
Accordingly, 49 CFR parts 384 and 385 are corrected by making the
following correcting amendments:
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
1. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.
0
2. Revise Sec. 384.234 to read as follows:
Sec. 384.234 Driver medical certification recordkeeping.
The State must meet the medical certification recordkeeping
requirements of Sec. 383.73(b)(5) and (o) of this chapter.
PART 385--SAFETY FITNESS PROCEDURES
0
3. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 31136, 31144, 31148, and 31502; Sec. 350 of Pub. L.
107-87; and 49 CFR 1.73.
0
4. Amend the Table to Sec. 385.321 by revising Violation 7 to read as
follows:
Sec. 385.321 What failures of safety management practices disclosed
by the safety audit will result in a notice to a new entrant that its
USDOT new entrant registration will be revoked?
* * * * *
[[Page 26990]]
Table to Sec. 385.321--Violations That Will Result in Automatic
Failure of the New Entrant Safety Audit
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* * * * * * *
7. Sec. 383.37(b)-Knowingly allowing, Single occurrence.
requiring, permitting, or authorizing an
employee to operate a commercial motor
vehicle with a commercial learner's permit
or commercial driver's license which is
disqualified by a State, has lost the
right to operate a CMV in a State or who
is disqualified to operate a commercial
motor vehicle.
* * * * * * *
------------------------------------------------------------------------
Issued on: April 19, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-10931 Filed 5-7-12; 8:45 am]
BILLING CODE 4910-EX-P