Agency Information Collection Activities; Revision of an Approved Information Collection Request: Commercial Driver Licensing and Test Standards, 29480-29484 [2014-11890]
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Notices
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2013–1052 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments digitally.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
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Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
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www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
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or to the Docket Management Facility in
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FOR FURTHER INFORMATION CONTACT:
Mark Forseth, ANM–113, (425) 227–
2796, Federal Aviation Administration,
1601 Lind Avenue SW., Renton, WA
98057–3356, or Sandra Long, ARM–201,
Office of Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW; Washington, DC 20591;
email Sandra.long@faa.gov; (202) 267–
4714.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on May 16,
2014.
Lirio Liu,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2013–1052.
Petitioner: Embraer.
Section of 14 CFR Affected:
§ 25.813(e).
Description of Relief Sought: The
petitioner seeks relief to allow the
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installation of an electrically activated
lavatory pocket door between passenger
compartments and an emergency exit on
Embraer Model EMB–545/550 airplanes.
[FR Doc. 2014–11828 Filed 5–21–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0195]
Agency Information Collection
Activities; Revision of an Approved
Information Collection Request:
Commercial Driver Licensing and Test
Standards
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
information.
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 and invites public
comment. The FMCSA requests
approval to revise and renew an ICR
entitled, ‘‘Commercial Driver Licensing
and Test Standards,’’ due to an increase
in the number of commercial driver’s
license records and the addition of one
information collection item: ‘‘Driver
completion of knowledge and skills
tests 49 CFR 384.201.’’ This ICR is
needed to ensure that drivers, motor
carriers and the States are complying
with notification and recordkeeping
requirements for information related to
testing, licensing, violations,
convictions and disqualifications and
that the information is accurate,
complete and transmitted and recorded
within certain time periods as required
by the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA), as amended.
DATES: We must receive your comments
on or before July 21, 2014.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2014–0195 using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
SUMMARY:
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• Hand Delivery or Courier: West
building, Ground Floor, Room 12–140,
1200 New Jersey Avenue SE,
Washington, DC, between 9:00 a.m. and
5:00 p.m., e.t., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
below. 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.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
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 for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdfE8–
794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Redmond, Office of Safety
Programs, Commercial Driver’s License
Division (MC–ESL), Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC, 20590–0001.
Telephone: 202–366–5014; email:
robert.redmond@dot.gov.
SUPPLEMENTARY INFORMATION:
Background: The licensed drivers in
the United States deserve reasonable
assurance that their fellow motorists are
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properly qualified to drive the vehicles
they operate. Before the Commercial
Motor Vehicle Safety Act of 1986
(CMVSA or the Act) Public Law 99–570,
Title XII, 100 Stat. 3207–170, codified at
49 U.S.C. chapter 313) 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 in
place, only 12 of these States 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
these 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.
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 required the promulgation of
regulations to ensure 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 commercial driver’s
license information system (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
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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 49742) implementing 15 of
the 16 CDL related provisions of the
Motor Carrier Safety Improvement Act
of 1999 (MCSIA) (Pub. L. 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.
A Final Rule was published on
December 1, 2008 (73 FR 73096) that
implemented the 16th CDL related
provision of MCSIA, the merging of the
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medical certification and CDL issuing
processes.
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 (Pub. L. 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.
Section 4019 of the Transportation
Equity Act for the 21st Century (TEA–
21), Public Law 105–178, 112 Stat. June
8, 1999 (Attachment I), requires the
Secretary of Transportation to review
the procedures established and
implemented by the States under 49
U.S.C. 31305 for CDL knowledge and
skills testing to determine whether the
current testing system is an accurate
measure and reflection of an
individual’s knowledge and skills to
operate a CMV. The results of this
review were incorporated into the new
‘‘2005 CDL Test System.’’ A final rule
was published on May 9, 2011
(Attachment J) that requires the use of
a State Testing System that is
comparable to the 2005 CDL Test
System.
Section 4122 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: a Legacy for Users (SAFETEA–LU),
Public Law 109–59, August 10, 2005,
requires the Department of
Transportation (DOT) to prescribe
regulations on minimum uniform
standards for the issuance of
commercial learner’s permits (CLPs), as
it has already done for CDLs [49 U.S.C.
31308]. More specifically, section 4122
provides that an applicant for a CLP
must first pass a knowledge test which
complies with minimum standards
prescribed by the Secretary and may
have only one CLP at a time; that the
CLP document must have the same
information and security features as the
CDL; and that the data on each CLP
holder must be added to the driver’s
record in CDLIS. The Final Rule
published on May 9, 2011 also includes
each of those requirements.
Section 703 of the Security and
Accountability For Every Port Act of
2006 (SAFE Port Act), Public Law 109–
347, October 13, 2006, requires the
Secretary of Transportation to
promulgate regulations implementing
the recommendations in a memorandum
issued by the DOT’s Office of the
Inspector General (OIG) on June 4, 2004,
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concerning verification of the legal
status of commercial drivers, as well as
the recommendations in a report issued
by the OIG on February 7, 2006
‘‘[Oversight of the Commercial Driver’s
License Program]’’ dealing with steps
needed to improve anti-fraud measures
in the CDL program. The specific
recommendations include: the
establishment of a legal presence
requirement for CDL issuance; declaring
a State out of substantial compliance
with the CDL requirements if the State
fails to impose adequate internal
controls to detect and help prevent
fraud in the CDL program or fails to take
adequate corrective action when fraud is
discovered; and imposed sanctions
against States for noncompliance. This
Final Rule published on May 9, 2011
includes all of the OIG’s
recommendations. Many of the
operational procedures suggested by the
OIG for carrying out the
recommendations have also been
adopted.
This information collection supports
the DOT Strategic Goal of Safety by
requiring that drivers of CMVs are
properly licensed according to all
applicable Federal 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), the medical
certificate information that is posted to
the driving record (proposed) 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
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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 the 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, the FMCSA would
have no means of independently
verifying State compliance.
This request for renewed approval
includes one additional information
collection item: ‘‘Driver completion of
knowledge and skills tests [49 CFR
384.201].’’
Title: Commercial Driver Licensing
and Test Standards.
OMB Number: 2126–0011.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Drivers with a
commercial learner’s permit (CLP) or
commercial driver’s license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents:
11,410,100 driver respondents and
17,900.986 State respondents.
Estimated Time per Response:
Drivers: 16.29 minutes per response and
States: 1.86 minutes per response.
Expiration Date: August 31, 2014.
Frequency of Response: Variable.
Estimated Total Annual Burden:
3,651,867 hours.
The information collection is
comprised of twelve components:
(1) State Recording of Medical
Examiner’s Certificate Information:
Approximately 69% of the 2.96 million
interstate CDL holders would renew
their medical certification every 2 years.
Approximately 31% of the 2.96 million
interstate CDL holders would renew
their medical certification every year as
a condition of a medical variance (i.e.,
an exemption, Skill Performance
Evaluation (SPE) certificate or pilot
program) or their employer requires
another examination. It takes
approximately 2 minutes to record the
medical examiner’s certificate
information on the CDLIS driver record.
FMCSA estimates that there are
657,000 new drivers (5% of the current
total of 13.14 million active CDL driver
records) who would obtain a CDL every
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year and that 74% of these new 657,000
CDL holders, or 486,180 new CDL
holders would be engaged in interstate
commerce.
The number of existing CDL holders
who would need to renew and submit
a copy of their medical examiner’s
certificate to the State would be 2.96
million CDL holders engaged in
interstate commerce. Since 31% of the
2.96 million interstate CDL holders
would need to submit a copy of their
medical examiner’s certificate to the
State every year as a condition of their
medical variance or their new employer
requires another examination, the total
number of renewal submittals
(responses) for a 2-year cycle would be
3.88 million (2.96 million × 1.31 = 3.88
million). The annual submittal of
medical examiner’s certificates to the
State would be 2.43 million annual
responses (3.88 million/2 years +
486,180 new drivers = 2.43 million).
FMCSA estimates a total of 81,000
annual burden hours (2.43 million
responses × 2/60 hours = 81,000) for the
States to obtain and record the medical
examiner’s certificate information on
the CDLIS driver record.
(2) State Recording of the Self
Certification of Commercial Motor
Vehicle (CMV) Operation: All CDL
holders would need to have their selfcertification of CMV operation
information recorded on their CDLIS
driver record as either ‘‘non-excepted
interstate,’’ ‘‘excepted interstate,’’ ‘nonexcepted intrastate’’ or ‘‘excepted
intrastate’’ Only CDL holders subject to
part 391 (non-excepted, interstate
drivers) would be required to submit a
medical examiner’s certificate to the
SDLA.
CDLs are renewed on average every 5
years. It takes approximately 5 seconds
(.083 minutes) for the SDLA to record
the medical certification status
information on the CDLIS driver record.
FMCSA estimates the annual SDLA
recording of self- certification of CMV
operation information would be
3,285,000 million annual responses
(13.14 million/5 years + 657,000 million
new CDL drivers = 3,285,000).
FMCSA estimates the SDLA recording
of self-certification of CMV operation
information at a total annual burden of
4,544 hours (3,285,000 million
responses × .083/60 hours = 4,544
hours).
(2) State Verification of Medical
Certification Status: Only the medical
certification status information of CDL
holders subject to part 391 must be
verified because they are the only
drivers required to be medically
certified.
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Approximately 2% of active CDLIS
driver records are transferred to another
State each year.
It takes approximately 5 seconds (.083
minutes) to verify the medical
certification status information of a CDL
driver who operates a CMV in interstate
commerce.
FMCSA estimates that the SDLA’s
annual verification of medical
certification status information would
generate 651,200 annual responses
[(2,960,000 renewals/5 years) + (.02 ×
2,960,000 transfers per year) = 651,200).
FMCSA estimates a total annual
burden of 901hours (651,200 × .083/60
hours = 901) for SDLAs to verify the
medical certification status information
of all interstate CDL drivers.
(4) Driver Notification of Convictions/
Disqualifications to Employer: There are
approximately 13.14 million active
commercial driver’s license (CDL) driver
records. Each driver averages 1
conviction every 3 years. The estimated
number of annual responses is
4,380,000 (13.14 million CDL drivers/3
= 4.380,000). It takes approximately 10
minutes to notify a motor carrier
concerning convictions and
disqualifications. The notification
requirement has an estimated annual
burden of 730,000 burden hours
(4,380,000 convictions/disqualifications
× 10/60 hours = 730,000 hours);
(5) Driver Providing Previous
Employment History to New Employer:
The estimated annual turnover rate of
drivers is approximately 14 percent (%.)
There are an estimated 1,839,800 annual
responses to this requirement (13.14
million CDL holders × .14 annual
turnover rate = 1,839,800). It takes
approximately 15 minutes to complete
this requirement. The employment
history requirement has an estimated
annual burden of 459,950 burden hours
(1,839,800 annual responses × 15/60
hours = 459,950 hours);
(6) Annual 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
compliance documents. The compliance
certification requirement has an
estimated annual burden of 1,632
burden hours (51 responses × 32 hours
= 1,632 hours);
(7) State Preparing For and
Participating in Annual Program
Review: A State CDL program review is
conducted every year. There are 51
responses (50 States and the District of
Columbia) to this requirement. It takes
approximately 40 hours to complete
each response with a staff of 5 persons.
The State annual program review
requirement has an estimated annual
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burden of 10,200 burden hours (51
States × 40 hours × 5 staff = 10.200
hours).
(8) CDLIS/PDPS/State 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 657,000 new
drivers a year (13.14 million drivers ×
.05 = 657,000 new drivers). FMCSA
estimates that the average amount of
time for each record inquiry performed
by a State to add a new driver is 2
minutes. The new driver requirement
has an estimated annual burden of
27,900 burden hours (657,000 new
drivers × 2/60 = 27,900 hours).
The average renewal period is 5 years.
There are approximately 2,628,000
CDLs renewed each year (13.14 million
drivers/5 years = 2,628,000). FMCSA
estimates that the average amount of
time for each record inquiry performed
by a State to renew a license is 2
minutes. The renewal record inquiry
requirement has an estimated annual
burden of 87,600 burden hours
(2,628,000 × 2/60 hours = 87,600 hours).
Approximately 2 percent of drivers
transfer to a new state each year. There
are 262,800 drivers a year who change
their State of domicile (13.14 million
drivers × .02 = 282,800 drivers). FMCSA
estimate that the average amount of time
for each record inquiry performed by a
State to change a driver’s State of
domicile is 2 minutes. The driver
transfer requirement has an estimated
annual burden of 8.760 burden hours
(262,800 transferred drivers × 2/60
hours = 8,760 hours).
Each driver averages approximately 1
conviction every three years and
approximately 25 percent of the
convictions result in a disqualification.
There are 5,475,000 driver convictions
and disqualifications (13.14 million/3
convictions × 1.25 = 5,475,000). 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 182,500 burden hours
(5,475,000 transactions × 2/60 hours =
182,500 hours).
Approximately 33 percent of active
CDL drivers have a hazardous materials
endorsement. The average renewal
period is approximately 5 years. There
are 867,240 drivers a year renewing a
CDL with a hazardous materials
endorsement (13.14 million drivers ×
.33/5 years = 867,240 drivers). The
Agency estimates that the average
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amount of time for each citizenship/
resident alien status inquiry performed
by a State is 2 minutes. The citizenship/
resident alien status inquiry transaction
requirement has an estimated annual
burden of 28,908 burden hours (867,240
drivers × 2/60 hours = 28,908 hours).
The total annual burden hours for
these combined collection of
information activities is 335,668 burden
hours (27,900 hours + 87,600 hours +
8.760 hours + 182,500 hours + 28,908
hours = 335,668 hours).
(9) Driver Completion of the CDL
Application Form: There are
approximately 657.000 new CDL
applicants a year (13.14 million × .05 =
657,000). It takes approximately 1
minute to complete the CDL part of
application form. The new applicant
CDL application requirement has an
estimated annual burden of 10,950
burden hours (657,000 applications × 1/
60 hours = 10,950 hours).
The average CDL renewal period is
approximately 5 years. Therefore,
2,628,000 drivers renew their CDL a
year (13.14 million drivers/5 years =
2,628.000 drivers). It takes
approximately 1 minute for renewal
drivers to complete the CDL part of
application form. The renewal driver
CDL application form requirement has
an estimated annual burden of 43,800
burden hours (2,628,000 × 1/60 hours =
43,800 hours).
Approximately 2 percent of drivers
transfer to a new State each year.
FMCSA estimates that there are 262,800
transfer drivers (13.14 million × .02 =
262,800). It takes approximately 1
minute for transfer drivers to complete
the CDL part of application form. The
transfer driver CDL application form
requirement has an estimated annual
burden of 4,380 hours (262,800 × 1/60
= 4,380).
The total annual burden hours for
these combined collection of
information activities is 59,130 hours
(10,950 hours + 43,800 hours + 4,380 =
59,130 hours).
(10) Driver Completion of Knowledge
and Skills Tests: FMCSA estimates that
there are 657,000 new drivers (5% of the
current total of 13.14 million active CDL
driver records) would obtain a CDL
every year.
Approximately 25 percent of the
applicants fail the CDL knowledge and
skills tests the first time they take the
tests.
FMCSA estimates that a knowledge
test on average takes 45 minutes to
complete and a skills test on average
takes 90 minutes to complete.
The Agency estimates there are
821,250 knowledge tests completed
every year (657,000 × 1.25 = 821,250).
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The Agency estimates the annual
burden for taking the knowledge test is
615,938 burden hours (821,250 × 45/60
hour/test = 615,938).
The Agency estimates there are
821,250 skills tests completed every
year (657,000 × 1.25 = 821,250).
The Agency estimates the annual
burden for taking the skills tests is
1,231,875 hours (821,250 × 90/60 hour/
test = 1,231,875).
The total annual burden hours for
these combined collection of
information activities is 1,847,813
burden hours (615,938 hours +
1,231,875 hours = 1,847,813 hours).
(11) Knowledge and Skills Test
Recordkeeping: There are approximately
657.000 new CDL applicants a year
(13.14 million × .05 = 657,000). It takes
approximately 2 minute 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 first time
they take the tests.
The knowledge test recordkeeping
requirement has an estimated annual
burden of 27,375 burden hours (657,000
applicants × 2/60 hours × 1.25 = 27,375
hours).
The skills test recordkeeping
requirement has an estimated annual
burden of 68,438 hours (657,000
applicants × 5/60 hours × 1.25 =
68,438).
The total annual burden hours are
95,813 burden hours for these combined
activities (27,375 + 68,438 = 95,813).
(12) Knowledge and Skills Test
Examiner Certification Based on data
from the American Association of Motor
Vehicle Administrator, FMCSA
estimates that 2,144 examiners who
administer CDL tests.
Based on a sampling of several State
driver licensing agencies (SDLA),
approximately 25 percent of the
examiners will only administer the
knowledge test. Based on Federal
employee experience in developing
training courses, it is estimated that the
initial combined knowledge and skills
test examiner training will take 40 hours
to complete and that the initial
knowledge-test-only examiner training
will take 20 hours to complete. States
will spread the initial training over the
3 year implementation period.
Based on Federal employee
observation of SDLA licensing activities,
a criminal background check on an
examiner will take approximately 15
minutes to process and evaluate the
results and that average amount of time
to record results of examiner training,
certification and criminal background
checks is approximately 2 minutes.
VerDate Mar<15>2010
19:36 May 21, 2014
Jkt 232001
FMCSA estimates the annual burden
for examiners to complete the initial
combined knowledge and skills test
training and certification is 21,440
burden hours ([.75 × 2,144 examiners/3
years] × 40 hours = 21,440) and that the
annual burden for examiners to
complete the initial knowledge-test-only
training and certification is 3,573
burden hours ([.25 × 2,144 examiners/3
years] × 20 hours = 3,573). The total
annual burden for initial examiner
training is 25,013 burden hours (21,440
+ 3,573 = 25,013).
FMCSA estimates the annual burden
for States to process and evaluate
criminal background checks is 179
burden hours ([2,144 examiners/3 years]
× 15/60 hours = 179).
FMCSA estimates the annual burden
for States to record results of examiner
training, certification and criminal
background checks is 24 burden hours
([2,144 examiners/3 years] × 2/60 hours
= 24).
The total annual burden hours for
these combined collection of
information activities is 25,216 burden
hours (25,013 hours + 179 hours + 24
hours = 25,216 hours).
Definitions: Under 49 CFR 383.5:
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—
(1) Has a gross combination weight
rating or gross combination weight of
11,794 kilograms or more (26,001
pounds or more), whichever is greater,
inclusive of a towed unit(s) with a gross
vehicle weight rating or gross vehicle
weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater;
or
(2) Has a gross vehicle weight rating
or gross vehicle weight of 11,794 or
more kilograms (26,001 pounds or
more), whichever is greater; or
(3) Is designed to transport 16 or more
passengers, including the driver; or
(4) Is of any size and is used in the
transportation of hazardous materials as
defined in this section.
Hazardous materials means any
material that has been designated as
hazardous under 49 U.S.C. 5103 and is
required to be placarded under subpart
F of 49 CFR part 172 or any quantity of
a material listed as a select agent or
toxin in 42 CFR part 73.
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
FMCSA to enhance the quality,
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
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 under the authority of 49 CFR
1.87 on: May 14, 2014
G. Kelly Leone,
Associate Administrator for Office of
Research and Information Technology and
Chief Information Officer.
[FR Doc. 2014–11890 Filed 5–21–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA- 2014–0016]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 82 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions
would enable these individuals with
ITDM to operate CMVs in interstate
commerce.
SUMMARY:
Comments must be received on
or before June 23, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2014–0016 using 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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket numbers for this notice. Note
DATES:
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[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29480-29484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11890]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0195]
Agency Information Collection Activities; Revision of an Approved
Information Collection Request: Commercial Driver Licensing and Test
Standards
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for information.
-----------------------------------------------------------------------
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 and invites public comment. The FMCSA requests
approval to revise and renew an ICR entitled, ``Commercial Driver
Licensing and Test Standards,'' due to an increase in the number of
commercial driver's license records and the addition of one information
collection item: ``Driver completion of knowledge and skills tests 49
CFR 384.201.'' This ICR is needed to ensure that drivers, motor
carriers and the States are complying with notification and
recordkeeping requirements for information related to testing,
licensing, violations, convictions and disqualifications and that the
information is accurate, complete and transmitted and recorded within
certain time periods as required by the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA), as amended.
DATES: We must receive your comments on or before July 21, 2014.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2014-0195 using any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West building, Ground Floor,
Room 12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9:00
a.m. and 5:00 p.m., e.t., Monday through Friday, except Federal
holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. 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.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
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 for the Federal Docket Management System
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit https://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Safety
Programs, Commercial Driver's License Division (MC-ESL), Department of
Transportation, Federal Motor Carrier Safety Administration, West
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC, 20590-
0001. Telephone: 202-366-5014; email: robert.redmond@dot.gov.
SUPPLEMENTARY INFORMATION:
Background: The licensed drivers in the United States deserve
reasonable assurance that their fellow motorists are
[[Page 29481]]
properly qualified to drive the vehicles they operate. Before the
Commercial Motor Vehicle Safety Act of 1986 (CMVSA or the Act) Public
Law 99-570, Title XII, 100 Stat. 3207-170, codified at 49 U.S.C.
chapter 313) 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 in place, only
12 of these States 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 these 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.
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 required
the promulgation of regulations to ensure 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 commercial driver's
license information system (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 49742)
implementing 15 of the 16 CDL related provisions of the Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Pub. L. 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.
A Final Rule was published on December 1, 2008 (73 FR 73096) that
implemented the 16th CDL related provision of MCSIA, the merging of the
medical certification and CDL issuing processes.
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 (Pub. L. 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.
Section 4019 of the Transportation Equity Act for the 21st Century
(TEA-21), Public Law 105-178, 112 Stat. June 8, 1999 (Attachment I),
requires the Secretary of Transportation to review the procedures
established and implemented by the States under 49 U.S.C. 31305 for CDL
knowledge and skills testing to determine whether the current testing
system is an accurate measure and reflection of an individual's
knowledge and skills to operate a CMV. The results of this review were
incorporated into the new ``2005 CDL Test System.'' A final rule was
published on May 9, 2011 (Attachment J) that requires the use of a
State Testing System that is comparable to the 2005 CDL Test System.
Section 4122 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: a Legacy for Users (SAFETEA-LU), Public Law
109-59, August 10, 2005, requires the Department of Transportation
(DOT) to prescribe regulations on minimum uniform standards for the
issuance of commercial learner's permits (CLPs), as it has already done
for CDLs [49 U.S.C. 31308]. More specifically, section 4122 provides
that an applicant for a CLP must first pass a knowledge test which
complies with minimum standards prescribed by the Secretary and may
have only one CLP at a time; that the CLP document must have the same
information and security features as the CDL; and that the data on each
CLP holder must be added to the driver's record in CDLIS. The Final
Rule published on May 9, 2011 also includes each of those requirements.
Section 703 of the Security and Accountability For Every Port Act
of 2006 (SAFE Port Act), Public Law 109-347, October 13, 2006, requires
the Secretary of Transportation to promulgate regulations implementing
the recommendations in a memorandum issued by the DOT's Office of the
Inspector General (OIG) on June 4, 2004,
[[Page 29482]]
concerning verification of the legal status of commercial drivers, as
well as the recommendations in a report issued by the OIG on February
7, 2006 ``[Oversight of the Commercial Driver's License Program]''
dealing with steps needed to improve anti-fraud measures in the CDL
program. The specific recommendations include: the establishment of a
legal presence requirement for CDL issuance; declaring a State out of
substantial compliance with the CDL requirements if the State fails to
impose adequate internal controls to detect and help prevent fraud in
the CDL program or fails to take adequate corrective action when fraud
is discovered; and imposed sanctions against States for noncompliance.
This Final Rule published on May 9, 2011 includes all of the OIG's
recommendations. Many of the operational procedures suggested by the
OIG for carrying out the recommendations have also been adopted.
This information collection supports the DOT Strategic Goal of
Safety by requiring that drivers of CMVs are properly licensed
according to all applicable Federal 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), the medical certificate information
that is posted to the driving record (proposed) 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 the 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, the FMCSA would have no means
of independently verifying State compliance.
This request for renewed approval includes one additional
information collection item: ``Driver completion of knowledge and
skills tests [49 CFR 384.201].''
Title: Commercial Driver Licensing and Test Standards.
OMB Number: 2126-0011.
Type of Request: Revision of a currently-approved information
collection.
Respondents: Drivers with a commercial learner's permit (CLP) or
commercial driver's license (CDL) and State driver licensing agencies.
Estimated Number of Respondents: 11,410,100 driver respondents and
17,900.986 State respondents.
Estimated Time per Response: Drivers: 16.29 minutes per response
and States: 1.86 minutes per response.
Expiration Date: August 31, 2014.
Frequency of Response: Variable.
Estimated Total Annual Burden: 3,651,867 hours.
The information collection is comprised of twelve components:
(1) State Recording of Medical Examiner's Certificate Information:
Approximately 69% of the 2.96 million interstate CDL holders would
renew their medical certification every 2 years. Approximately 31% of
the 2.96 million interstate CDL holders would renew their medical
certification every year as a condition of a medical variance (i.e., an
exemption, Skill Performance Evaluation (SPE) certificate or pilot
program) or their employer requires another examination. It takes
approximately 2 minutes to record the medical examiner's certificate
information on the CDLIS driver record.
FMCSA estimates that there are 657,000 new drivers (5% of the
current total of 13.14 million active CDL driver records) who would
obtain a CDL every year and that 74% of these new 657,000 CDL holders,
or 486,180 new CDL holders would be engaged in interstate commerce.
The number of existing CDL holders who would need to renew and
submit a copy of their medical examiner's certificate to the State
would be 2.96 million CDL holders engaged in interstate commerce. Since
31% of the 2.96 million interstate CDL holders would need to submit a
copy of their medical examiner's certificate to the State every year as
a condition of their medical variance or their new employer requires
another examination, the total number of renewal submittals (responses)
for a 2-year cycle would be 3.88 million (2.96 million x 1.31 = 3.88
million). The annual submittal of medical examiner's certificates to
the State would be 2.43 million annual responses (3.88 million/2 years
+ 486,180 new drivers = 2.43 million).
FMCSA estimates a total of 81,000 annual burden hours (2.43 million
responses x 2/60 hours = 81,000) for the States to obtain and record
the medical examiner's certificate information on the CDLIS driver
record.
(2) State Recording of the Self Certification of Commercial Motor
Vehicle (CMV) Operation: All CDL holders would need to have their self-
certification of CMV operation information recorded on their CDLIS
driver record as either ``non-excepted interstate,'' ``excepted
interstate,'' `non-excepted intrastate'' or ``excepted intrastate''
Only CDL holders subject to part 391 (non-excepted, interstate drivers)
would be required to submit a medical examiner's certificate to the
SDLA.
CDLs are renewed on average every 5 years. It takes approximately 5
seconds (.083 minutes) for the SDLA to record the medical certification
status information on the CDLIS driver record.
FMCSA estimates the annual SDLA recording of self- certification of
CMV operation information would be 3,285,000 million annual responses
(13.14 million/5 years + 657,000 million new CDL drivers = 3,285,000).
FMCSA estimates the SDLA recording of self-certification of CMV
operation information at a total annual burden of 4,544 hours
(3,285,000 million responses x .083/60 hours = 4,544 hours).
(2) State Verification of Medical Certification Status: Only the
medical certification status information of CDL holders subject to part
391 must be verified because they are the only drivers required to be
medically certified.
[[Page 29483]]
Approximately 2% of active CDLIS driver records are transferred to
another State each year.
It takes approximately 5 seconds (.083 minutes) to verify the
medical certification status information of a CDL driver who operates a
CMV in interstate commerce.
FMCSA estimates that the SDLA's annual verification of medical
certification status information would generate 651,200 annual
responses [(2,960,000 renewals/5 years) + (.02 x 2,960,000 transfers
per year) = 651,200).
FMCSA estimates a total annual burden of 901hours (651,200 x .083/
60 hours = 901) for SDLAs to verify the medical certification status
information of all interstate CDL drivers.
(4) Driver Notification of Convictions/Disqualifications to
Employer: There are approximately 13.14 million active commercial
driver's license (CDL) driver records. Each driver averages 1
conviction every 3 years. The estimated number of annual responses is
4,380,000 (13.14 million CDL drivers/3 = 4.380,000). It takes
approximately 10 minutes to notify a motor carrier concerning
convictions and disqualifications. The notification requirement has an
estimated annual burden of 730,000 burden hours (4,380,000 convictions/
disqualifications x 10/60 hours = 730,000 hours);
(5) Driver Providing Previous Employment History to New Employer:
The estimated annual turnover rate of drivers is approximately 14
percent (%.) There are an estimated 1,839,800 annual responses to this
requirement (13.14 million CDL holders x .14 annual turnover rate =
1,839,800). It takes approximately 15 minutes to complete this
requirement. The employment history requirement has an estimated annual
burden of 459,950 burden hours (1,839,800 annual responses x 15/60
hours = 459,950 hours);
(6) Annual 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 compliance documents.
The compliance certification requirement has an estimated annual burden
of 1,632 burden hours (51 responses x 32 hours = 1,632 hours);
(7) State Preparing For and Participating in Annual Program Review:
A State CDL program review is conducted every year. There are 51
responses (50 States and the District of Columbia) to this requirement.
It takes approximately 40 hours to complete each response with a staff
of 5 persons. The State annual program review requirement has an
estimated annual burden of 10,200 burden hours (51 States x 40 hours x
5 staff = 10.200 hours).
(8) CDLIS/PDPS/State 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 657,000 new drivers a year (13.14 million
drivers x .05 = 657,000 new drivers). FMCSA estimates that the average
amount of time for each record inquiry performed by a State to add a
new driver is 2 minutes. The new driver requirement has an estimated
annual burden of 27,900 burden hours (657,000 new drivers x 2/60 =
27,900 hours).
The average renewal period is 5 years. There are approximately
2,628,000 CDLs renewed each year (13.14 million drivers/5 years =
2,628,000). FMCSA estimates that the average amount of time for each
record inquiry performed by a State to renew a license is 2 minutes.
The renewal record inquiry requirement has an estimated annual burden
of 87,600 burden hours (2,628,000 x 2/60 hours = 87,600 hours).
Approximately 2 percent of drivers transfer to a new state each
year. There are 262,800 drivers a year who change their State of
domicile (13.14 million drivers x .02 = 282,800 drivers). FMCSA
estimate that the average amount of time for each record inquiry
performed by a State to change a driver's State of domicile is 2
minutes. The driver transfer requirement has an estimated annual burden
of 8.760 burden hours (262,800 transferred drivers x 2/60 hours = 8,760
hours).
Each driver averages approximately 1 conviction every three years
and approximately 25 percent of the convictions result in a
disqualification. There are 5,475,000 driver convictions and
disqualifications (13.14 million/3 convictions x 1.25 = 5,475,000). 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 182,500
burden hours (5,475,000 transactions x 2/60 hours = 182,500 hours).
Approximately 33 percent of active CDL drivers have a hazardous
materials endorsement. The average renewal period is approximately 5
years. There are 867,240 drivers a year renewing a CDL with a hazardous
materials endorsement (13.14 million drivers x .33/5 years = 867,240
drivers). The Agency estimates that the average amount of time for each
citizenship/resident alien status inquiry performed by a State is 2
minutes. The citizenship/resident alien status inquiry transaction
requirement has an estimated annual burden of 28,908 burden hours
(867,240 drivers x 2/60 hours = 28,908 hours).
The total annual burden hours for these combined collection of
information activities is 335,668 burden hours (27,900 hours + 87,600
hours + 8.760 hours + 182,500 hours + 28,908 hours = 335,668 hours).
(9) Driver Completion of the CDL Application Form: There are
approximately 657.000 new CDL applicants a year (13.14 million x .05 =
657,000). It takes approximately 1 minute to complete the CDL part of
application form. The new applicant CDL application requirement has an
estimated annual burden of 10,950 burden hours (657,000 applications x
1/60 hours = 10,950 hours).
The average CDL renewal period is approximately 5 years. Therefore,
2,628,000 drivers renew their CDL a year (13.14 million drivers/5 years
= 2,628.000 drivers). It takes approximately 1 minute for renewal
drivers to complete the CDL part of application form. The renewal
driver CDL application form requirement has an estimated annual burden
of 43,800 burden hours (2,628,000 x 1/60 hours = 43,800 hours).
Approximately 2 percent of drivers transfer to a new State each
year. FMCSA estimates that there are 262,800 transfer drivers (13.14
million x .02 = 262,800). It takes approximately 1 minute for transfer
drivers to complete the CDL part of application form. The transfer
driver CDL application form requirement has an estimated annual burden
of 4,380 hours (262,800 x 1/60 = 4,380).
The total annual burden hours for these combined collection of
information activities is 59,130 hours (10,950 hours + 43,800 hours +
4,380 = 59,130 hours).
(10) Driver Completion of Knowledge and Skills Tests: FMCSA
estimates that there are 657,000 new drivers (5% of the current total
of 13.14 million active CDL driver records) would obtain a CDL every
year.
Approximately 25 percent of the applicants fail the CDL knowledge
and skills tests the first time they take the tests.
FMCSA estimates that a knowledge test on average takes 45 minutes
to complete and a skills test on average takes 90 minutes to complete.
The Agency estimates there are 821,250 knowledge tests completed
every year (657,000 x 1.25 = 821,250).
[[Page 29484]]
The Agency estimates the annual burden for taking the knowledge
test is 615,938 burden hours (821,250 x 45/60 hour/test = 615,938).
The Agency estimates there are 821,250 skills tests completed every
year (657,000 x 1.25 = 821,250).
The Agency estimates the annual burden for taking the skills tests
is 1,231,875 hours (821,250 x 90/60 hour/test = 1,231,875).
The total annual burden hours for these combined collection of
information activities is 1,847,813 burden hours (615,938 hours +
1,231,875 hours = 1,847,813 hours).
(11) Knowledge and Skills Test Recordkeeping: There are
approximately 657.000 new CDL applicants a year (13.14 million x .05 =
657,000). It takes approximately 2 minute 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 first
time they take the tests.
The knowledge test recordkeeping requirement has an estimated
annual burden of 27,375 burden hours (657,000 applicants x 2/60 hours x
1.25 = 27,375 hours).
The skills test recordkeeping requirement has an estimated annual
burden of 68,438 hours (657,000 applicants x 5/60 hours x 1.25 =
68,438).
The total annual burden hours are 95,813 burden hours for these
combined activities (27,375 + 68,438 = 95,813).
(12) Knowledge and Skills Test Examiner Certification Based on data
from the American Association of Motor Vehicle Administrator, FMCSA
estimates that 2,144 examiners who administer CDL tests.
Based on a sampling of several State driver licensing agencies
(SDLA), approximately 25 percent of the examiners will only administer
the knowledge test. Based on Federal employee experience in developing
training courses, it is estimated that the initial combined knowledge
and skills test examiner training will take 40 hours to complete and
that the initial knowledge-test-only examiner training will take 20
hours to complete. States will spread the initial training over the 3
year implementation period.
Based on Federal employee observation of SDLA licensing activities,
a criminal background check on an examiner will take approximately 15
minutes to process and evaluate the results and that average amount of
time to record results of examiner training, certification and criminal
background checks is approximately 2 minutes.
FMCSA estimates the annual burden for examiners to complete the
initial combined knowledge and skills test training and certification
is 21,440 burden hours ([.75 x 2,144 examiners/3 years] x 40 hours =
21,440) and that the annual burden for examiners to complete the
initial knowledge-test-only training and certification is 3,573 burden
hours ([.25 x 2,144 examiners/3 years] x 20 hours = 3,573). The total
annual burden for initial examiner training is 25,013 burden hours
(21,440 + 3,573 = 25,013).
FMCSA estimates the annual burden for States to process and
evaluate criminal background checks is 179 burden hours ([2,144
examiners/3 years] x 15/60 hours = 179).
FMCSA estimates the annual burden for States to record results of
examiner training, certification and criminal background checks is 24
burden hours ([2,144 examiners/3 years] x 2/60 hours = 24).
The total annual burden hours for these combined collection of
information activities is 25,216 burden hours (25,013 hours + 179 hours
+ 24 hours = 25,216 hours).
Definitions: Under 49 CFR 383.5:
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--
(1) Has a gross combination weight rating or gross combination
weight of 11,794 kilograms or more (26,001 pounds or more), whichever
is greater, inclusive of a towed unit(s) with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or
(2) Has a gross vehicle weight rating or gross vehicle weight of
11,794 or more kilograms (26,001 pounds or more), whichever is greater;
or
(3) Is designed to transport 16 or more passengers, including the
driver; or
(4) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
Hazardous materials means any material that has been designated as
hazardous under 49 U.S.C. 5103 and is required to be placarded under
subpart F of 49 CFR part 172 or any quantity of a material listed as a
select agent or toxin in 42 CFR part 73.
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 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 under the authority of 49 CFR 1.87 on: May 14, 2014
G. Kelly Leone,
Associate Administrator for Office of Research and Information
Technology and Chief Information Officer.
[FR Doc. 2014-11890 Filed 5-21-14; 8:45 am]
BILLING CODE 4910-EX-P
