Agency Information Collection Activities; Extension of an Approved Information Collection Request; Training Certification for Entry-Level Commercial Motor Vehicle Operators, 69916-69918 [2012-28306]

Download as PDF 69916 Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices state, passport number/country, or U.S. government ID number/agency or military ID number/branch), and relevant telephone numbers. If you cannot provide one of the specified forms of ID, please consult with Colby Prevost for acceptable alternative forms of picture identification. In addition, any requests for reasonable accommodation should be made no later than December 4 for the December 11th meeting. Requests for reasonable accommodation received after those dates will be considered, but might be impossible to fulfill. Personal data is requested pursuant to Public Law 99–399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107–56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS–D) database. Please see the Security Records System of Records Notice (State-36) at http:// www.state.gov/documents/organization/ 103419.pdf, for additional information. Questions concerning the meeting should be directed to Stephen P. Randolph, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC 20520, telephone (202) 663–1123, (email history@state.gov). Dated: November 13, 2012 Stephen P. Randolph, Executive Secretary, Advisory Committee on Historical, Diplomatic Documentation, Department of State. [FR Doc. 2012–28324 Filed 11–20–12; 8:45 am] BILLING CODE 4710–11–P STATE JUSTICE INSTITUTE SJI Board of Directors Meeting; Notice State Justice Institute. ACTION: Notice of meeting. AGENCY: The SJI Board of Directors will be meeting on Monday, December 10, 2012 at 9:30 a.m. The meeting will be held at the New Mexico Supreme Court, in Santa Fe, New Mexico. The purpose of this meeting is to consider grant applications for the 1st quarter of FY 2013, and other business. All portions of this meeting are open to the public. ADDRESSES: New Mexico Supreme Court, 237 Don Gaspar Ave., Santa Fe, NM 87501, 505–827–4860. FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive Director, srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:56 Nov 20, 2012 Jkt 229001 State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571–313–8843, contact@sji.gov. 6. Status Report from the FAA a. Process Improvement Working Group (PIWG) Jonathan D. Mattiello, Executive Director. Attendance is open to the interested public but limited to the space available. The FAA will arrange teleconference service for individuals wishing to join in by teleconference if we receive notice by November 29. Arrangements to participate by teleconference can be made by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section. Callers outside the Washington metropolitan area are responsible for paying long-distance charges. The public must arrange by November 29 to present oral statements at the meeting. The public may present written statements to the Aviation Rulemaking Advisory Committee by providing 25 copies to the Designated Federal Officer, or by bringing the copies to the meeting. If you are in need of assistance or require a reasonable accommodation for this meeting, please contact the person listed under the heading FOR FURTHER INFORMATION CONTACT. [FR Doc. 2012–28294 Filed 11–20–12; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee; Meeting Federal Aviation Administration (FAA), DOT. ACTION: Notice of meeting. AGENCY: The FAA is issuing this notice to advise the public of a meeting of the Aviation Rulemaking Advisory Committee. SUMMARY: The meeting will be held on December 6, 2012, at 1:00 p.m. ADDRESSES: The meeting will take place at the Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, 8th floor, Conference Room 8 A/B/C. FOR FURTHER INFORMATION CONTACT: Renee Butner, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone (202) 267–5093; fax (202) 267–5075; email Renee.Butner@faa.gov. SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a meeting of the Aviation Rulemaking Advisory Committee taking place on December 6, 2012, at the Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. The Agenda includes: DATES: 1. FACA Overview 2. ARAC Charter and Member Expectations 3. Recommendation Reports a. Rulemaking Prioritization Working Group (RPWG) Recommendation Report (ARAC) b. Avionics Systems Harmonization Working Group—Low Speed Alerting, Phase 2 Recommendation Report (TAE) 4. Status Reports From Active Working Groups a. Airman Testing Standards and Training Working Group (ARAC) b. Flight Controls Harmonization Working Group (TAE) c. Airworthiness Assurance Working Group (TAE) 5. New Tasks a. Engine Bird Ingestions Requirements— Revision of Section 33.76 b. Transport Airplane Performance and Handling Characteristics PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 Issued in Washington, DC, on November 15, 2012. Lirio Liu, Designated Federal Officer, Aviation Rulemaking Advisory Committee. [FR Doc. 2012–28292 Filed 11–20–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0129] Agency Information Collection Activities; Extension of an Approved Information Collection Request; Training Certification for Entry-Level Commercial Motor Vehicle Operators Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: 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 its review and approval. On May 17, 2012, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. The agency received no comments in response to this notice. DATES: Please send your comments by December 21, 2012. OMB must receive SUMMARY: E:\FR\FM\21NON1.SGM 21NON1 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices your comments by this date to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2012–0129. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oria_submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office Information and Regulatory Affairs, Office of Management and Budget, docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590–0001. Telephone: 202–366–4325. Email: MCPSD@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Title: Training Certification for EntryLevel Commercial Motor Vehicle Operators. OMB Control Number: 2126–0028. Type of Request: Extension of a currently-approved ICR. Respondents: Entry-level CDL drivers. Estimated Number of Respondents: 397,500. Estimated Time per Response: 10 minutes. Expiration Date: November 30, 2012. Frequency of Response: On occasion. Estimated Total Annual Burden: 66,250 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 66,250 hours [397,500 × 10/60 minutes to respond = 66,250 hours]. Background The Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31301 et seq.) VerDate Mar<15>2010 16:56 Nov 20, 2012 Jkt 229001 established the CDL program and directed the Federal Highway Administration (FHWA), FMCSA’s predecessor agency, to establish minimum qualifications for issuance of a CDL. After public notice and an opportunity for comment, the FHWA established driver knowledge-and-skills standards. The Agency required the States to ensure by testing that each CDL applicant meets these standards before issuing a CDL to the applicant. In 1985, the FHWA published ‘‘Model Curriculum for Training Tractor-Trailer Drivers’’ (Model Curriculum). In the years following, the FHWA did not mandate driver training for three principal reasons. First, the Agency did not believe it could justify the use of the considerable Agency resources that would be required to develop and sustain a nationwide, comprehensive driver-training program. Second, the FHWA believed that the level of safety of entry-level drivers would soon be improving because the States were nearing the deadline for enforcing the new mandatory CDL-licensing knowledge-and-skills standards. Third, many truck-driving schools were strengthening their training curricula in light of the new Model Curriculum (‘‘Truck Safety: Information on Driver Training,’’ Report of the U.S. General Accounting Office, GAO/RCED–89–163, August 1989, pages 4 and 5). In 1991, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Public Law 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’’ [Section 4007(a)(2)]. On June 21, 1993, the FHWA issued an advance notice of proposed rulemaking entitled, ‘‘Training for All Entry-Level Drivers of Commercial Motor Vehicles (CMVs)’’ (58 FR 33874). The Agency also began a study of the effectiveness of the driver training currently being received by entry-level CMV drivers. The results of the study were published in 1997 under the title ‘‘Adequacy of Commercial Motor Vehicle Driver Training’’ (Adequacy Report), which is available under FMCSA Docket 1997–2199 at the Federal eRulemaking Portal (www.regulations.gov) described above. The study found that CMV drivers (i.e. drivers of heavy trucks, motorcoaches, and school buses) were not receiving 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 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 69917 proposed mandatory training for entrylevel CMV operators hauling property (not passengers), thereby addressing the vast majority of the CMV drivers identified by the Adequacy Report. FMCSA proposed entry-level training on four topics it believed would provide the greatest benefit to the safety of CMV operations: Driver qualifications, hoursof-service of drivers, driver wellness and whistle-blower protection. On May 21, 2004, after a period of public comment, FMCSA published a rule prohibiting a motor carrier from allowing an entry-level driver employee to operate a CMV transporting property until he or she provided the carrier with a duly-executed certificate indicating that he or she had been trained in the four subject areas noted above (69 FR 2004). The rule became effective on July 20, 2004. Training providers were required to provide a certificate to each driver trainee receiving the requisite training. In 2005, the U.S. Court of Appeals for the District of Columbia Circuit held that FMCSA failed to consider important factors identified by the Adequacy Report in developing its entry-level driver-training rule. While the Court left the 2004 rule in place, it also directed the Agency to give the rule further consideration consistent with its decision. On December 26, 2007, FMCSA proposed revised minimum standards for the mandatory training of entry-level CDL drivers (72 FR 73226). The Agency has analyzed the public comments received in response to the notice, and is continuing to develop a final rule on this subject. Definitions (1) ‘‘Federal Motor Carrier Safety Regulations’’ (FMCSRs) are parts 350– 399 of volume 49 of the Code of Federal Regulations. (2) ‘‘Commercial motor vehicle’’ (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle—(a) has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating (GVWR) of more than 4,536 kilograms (10,000 pounds), or (b) has a GVWR of 11,794 or more kilograms (26,001 pounds or more), or (c) is designed to transport 16 or more passengers, including the driver, or (d) is of any size and is used in the transportation of hazardous materials as defined in 49 CFR 383.5 (49 CFR 383.5). The definition of CMV found at 49 CFR 390.5 of the FMCSRs is not applicable to this notice. (3) ‘‘Commercial Driver’s License (CDL) Driver’’ means the E:\FR\FM\21NON1.SGM 21NON1 69918 Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices operator of a CMV because such operators must possess a valid commercial driver’s license (CDL)(Section 383.23(a)(2)). (4) ‘‘Entrylevel CDL Driver’’ means a driver with less than one year of experience operating a CMV with a CDL (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 to perform its 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: November 8, 2012. Kelly Leone, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2012–28306 Filed 11–20–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee (MCSAC): Public Meeting Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Meeting of Motor Carrier Safety Advisory Committee (MCSAC). AGENCY: srobinson on DSK4SPTVN1PROD with I. Background FMCSA announces that its Motor Carrier Safety Advisory Committee (MCSAC) will meet from Monday–Wednesday, December 3–5, 2012, in Alexandria, VA. On Monday, December 3, the Agency will assign the MCSAC a new task concerning entrylevel driver training (ELDT) and provide briefings on previous rulemaking actions, research and data analyses on the issue, and the ELDT provision in the recently enacted Moving Ahead for Progress in the 21st Century (MAP–21) Surface Transportation Act. On Tuesday, December 4, the MCSAC will receive staff-level briefings from the DOT Office of the Inspector General (OIG) and General Accountability Office (GAO) on their oversight responsibilities with regard to the DOT and MCSAC. On Wednesday, the MCSAC’s Compliance, Safety, Accountability (CSA) Subcommittee will be provided with presentations and a panel discussion from researchers and data analyst SUMMARY: VerDate Mar<15>2010 16:56 Nov 20, 2012 Jkt 229001 concerning the CSA Safety Measurement System and will continue its deliberations. Meetings are open to the public for their entirety and there will be a public comment period at the end of each day. Times and Dates: The meeting will be held Monday–Tuesday, December 3–4, 2012, from 8:30 a.m. to 5 p.m., Eastern Daylight Time (E.D.T.), and on Wednesday, December 5, 2012, from 8:30 a.m. to 3:00 p.m., E.D.T. The meetings will be held at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA 22314 in the Washington and Jefferson Rooms on the 2nd floor. The Hilton Alexandria Old Town is located across the street from the King Street Metro station. Copies of all MCSAC Task Statements and an agenda for the entire meeting will be made available in advance of the meeting at http://mcsac.fmcsa.dot.gov. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 385–2395, mcsac@dot.gov. Services for Individuals with Disabilities: For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Elizabeth Turner at (617) 494–2068, elizabeth.turner@dot.gov, by Tuesday, November 27, 2012. SUPPLEMENTARY INFORMATION: MCSAC Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU, Pub. L. 109–59, 119 Stat. 1144, August 10, 2005) required the Secretary of Transportation to establish the MCSAC. The MCSAC provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and regulations, and operates in accordance with the Federal Advisory Committee Act (FACA, 5 U.S.C. App 2). II. Meeting Participation Oral comments from the public will be heard during the last half-hour of the meetings each day. Should all public comments be exhausted prior to the end of the specified period, the comment period will close. Members of the public may submit written comments on the topics to be considered during the meeting by Tuesday, November 27, PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 2012, to Federal Docket Management System (FDMC) Docket Number FMCSA–2006–26367 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Room W12–140, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., E.T. Monday through Friday, except Federal holidays. Issued on: November 15, 2012 . Larry W. Minor Associate Administrator for Policy. [FR Doc. 2012–28336 Filed 11–20–12; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2012–0006–N–16] Notice and Request for Comments Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on September 20, 2012. DATES: Comments must be submitted on or before December 21, 2012. FOR FURTHER INFORMATION CONTACT: Ms. Janet Wylie, Office of Planning and Administration, RPD–3, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 20, Washington, DC 20590 (telephone: (202) 493–6353), or Ms. Kimberly Toone, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6132). (These telephone numbers are not toll-free.). SUMMARY: E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69916-69918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28306]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0129]


Agency Information Collection Activities; Extension of an 
Approved Information Collection Request; 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 its 
review and approval. On May 17, 2012, FMCSA published a Federal 
Register notice allowing for a 60-day comment period on the ICR. The 
agency received no comments in response to this notice.

DATES: Please send your comments by December 21, 2012. OMB must receive

[[Page 69917]]

your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2012-0129. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to oria_submission@omb.eop.gov, or faxed to (202) 395-6974, or mailed to the 
Office Information and Regulatory Affairs, Office of Management and 
Budget, docket Library, Room 10102, 725 17th Street NW., Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, U.S. Department of Transportation, Federal Motor Carrier 
Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue 
SE., Washington, DC, 20590-0001. Telephone: 202-366-4325. Email: 
MCPSD@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through 
Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Training Certification for Entry-Level Commercial Motor 
Vehicle Operators.
    OMB Control Number: 2126-0028.
    Type of Request: Extension of a currently-approved ICR.
    Respondents: Entry-level CDL drivers.
    Estimated Number of Respondents: 397,500.
    Estimated Time per Response: 10 minutes.
    Expiration Date: November 30, 2012.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 66,250 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 66,250 hours [397,500 x 10/60 minutes to respond = 66,250 
hours].

Background

    The Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31301 et 
seq.) established the CDL program and directed the Federal Highway 
Administration (FHWA), FMCSA's predecessor agency, to establish minimum 
qualifications for issuance of a CDL. After public notice and an 
opportunity for comment, the FHWA established driver knowledge-and-
skills standards. The Agency required the States to ensure by testing 
that each CDL applicant meets these standards before issuing a CDL to 
the applicant.
    In 1985, the FHWA published ``Model Curriculum for Training 
Tractor-Trailer Drivers'' (Model Curriculum). In the years following, 
the FHWA did not mandate driver training for three principal reasons. 
First, the Agency did not believe it could justify the use of the 
considerable Agency resources that would be required to develop and 
sustain a nationwide, comprehensive driver-training program. Second, 
the FHWA believed that the level of safety of entry-level drivers would 
soon be improving because the States were nearing the deadline for 
enforcing the new mandatory CDL-licensing knowledge-and-skills 
standards. Third, many truck-driving schools were strengthening their 
training curricula in light of the new Model Curriculum (``Truck 
Safety: Information on Driver Training,'' Report of the U.S. General 
Accounting Office, GAO/RCED-89-163, August 1989, pages 4 and 5).
    In 1991, the Intermodal Surface Transportation Efficiency Act of 
1991 (ISTEA) (Public Law 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'' [Section 4007(a)(2)]. On June 21, 
1993, the FHWA issued an advance notice of proposed rulemaking 
entitled, ``Training for All Entry-Level Drivers of Commercial Motor 
Vehicles (CMVs)'' (58 FR 33874). The Agency also began a study of the 
effectiveness of the driver training currently being received by entry-
level CMV drivers. The results of the study were published in 1997 
under the title ``Adequacy of Commercial Motor Vehicle Driver 
Training'' (Adequacy Report), which is available under FMCSA Docket 
1997-2199 at the Federal eRulemaking Portal (www.regulations.gov) 
described above. The study found that CMV drivers (i.e. drivers of 
heavy trucks, motorcoaches, and school buses) were not receiving 
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 entry-level CMV operators hauling property (not 
passengers), thereby addressing the vast majority of the CMV drivers 
identified by the Adequacy Report. FMCSA proposed entry-level training 
on four topics it believed would provide the greatest benefit to the 
safety of CMV operations: Driver qualifications, hours-of-service of 
drivers, driver wellness and whistle-blower protection. On May 21, 
2004, after a period of public comment, FMCSA published a rule 
prohibiting a motor carrier from allowing an entry-level driver 
employee to operate a CMV transporting property until he or she 
provided the carrier with a duly-executed certificate indicating that 
he or she had been trained in the four subject areas noted above (69 FR 
2004). The rule became effective on July 20, 2004. Training providers 
were required to provide a certificate to each driver trainee receiving 
the requisite training.
    In 2005, the U.S. Court of Appeals for the District of Columbia 
Circuit held that FMCSA failed to consider important factors identified 
by the Adequacy Report in developing its entry-level driver-training 
rule. While the Court left the 2004 rule in place, it also directed the 
Agency to give the rule further consideration consistent with its 
decision. On December 26, 2007, FMCSA proposed revised minimum 
standards for the mandatory training of entry-level CDL drivers (72 FR 
73226). The Agency has analyzed the public comments received in 
response to the notice, and is continuing to develop a final rule on 
this subject.

Definitions

    (1) ``Federal Motor Carrier Safety Regulations'' (FMCSRs) are parts 
350-399 of volume 49 of the Code of Federal Regulations. (2) 
``Commercial motor vehicle'' (CMV) means a motor vehicle or combination 
of motor vehicles used in commerce to transport passengers or property 
if the motor vehicle--(a) has a gross combination weight rating of 
11,794 kilograms or more (26,001 pounds or more) inclusive of a towed 
unit(s) with a gross vehicle weight rating (GVWR) of more than 4,536 
kilograms (10,000 pounds), or (b) has a GVWR of 11,794 or more 
kilograms (26,001 pounds or more), or (c) is designed to transport 16 
or more passengers, including the driver, or (d) is of any size and is 
used in the transportation of hazardous materials as defined in 49 CFR 
383.5 (49 CFR 383.5). The definition of CMV found at 49 CFR 390.5 of 
the FMCSRs is not applicable to this notice. (3) ``Commercial Driver's 
License (CDL) Driver'' means the

[[Page 69918]]

operator of a CMV because such operators must possess a valid 
commercial driver's license (CDL)(Section 383.23(a)(2)). (4) ``Entry-
level CDL Driver'' means a driver with less than one year of experience 
operating a CMV with a CDL (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 to perform its 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: November 8, 2012.
Kelly Leone,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2012-28306 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-EX-P