Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: Commercial Driver Licensing and Test Standards, 44961-44965 [2014-18170]

Download as PDF Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Notices including annual follow-up surveys of first and second year organizations. Total estimated respondents per year: Approximately 38,425 in year one, 41,925 in year two, 61,095 in year three—grand total of 141,445 over three years. Frequency: Annually. Estimated Average Burden per Response: For training participants: Approximately 45 minutes per participant. For supervisors: Approximately 30 minutes per participant. For senior managers: Approximately 30 minutes per participant. Estimated Total Annual Burden Hours: For training participants: Approximately 31,179 hours annually. For supervisors: Approximately 2078 hours annually. For senior managers: approximately 693 hours annually. Total hours annually: 33,950. 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 FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. Issued on: July 28, 2014. Michael Howell, Information Collections Officer. [FR Doc. 2014–18171 Filed 7–31–14; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0195] tkelley on DSK3SPTVN1PROD with NOTICES Agency Information Collection Activities; Revision of a CurrentlyApproved Information Collection Request: Commercial Driver Licensing and Test Standards Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, SUMMARY: VerDate Mar<15>2010 22:09 Jul 31, 2014 Jkt 232001 FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for 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 License Information System (CDLIS) driver records from 12.8 to 14.6 million and the addition of one information collection item: ‘‘Driver completion of knowledge and skills tests [49 CFR 383.71(a)(2)(ii) and (b)(2)].’’ 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: Please send your comments by September 2, 2014. OMB must receive your comments by this date in order to act on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2014–0195. 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 oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of 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. 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: Title: Commercial Driver Licensing and Test Standards. OMB Control Number: 2126–0011. Type of Request: Revision of a currently-approved information collection. PO 00000 Frm 00224 Fmt 4703 Sfmt 4703 44961 Respondents: Drivers with a commercial learner’s permit (CLP) or commercial driver’s license (CDL) and State driver licensing agencies (SDLAs). 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 × 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 E:\FR\FM\01AUN1.SGM 01AUN1 tkelley on DSK3SPTVN1PROD with NOTICES 44962 Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Notices 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). (3) 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. 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 VerDate Mar<15>2010 22:09 Jul 31, 2014 Jkt 232001 (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 (%) based on industry estimates. 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 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). PO 00000 Frm 00225 Fmt 4703 Sfmt 4703 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 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 the application form. The renewal driver E:\FR\FM\01AUN1.SGM 01AUN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Notices 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 the 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) who 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). 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 minutes to record the results of knowledge tests and 5 minutes for the skills tests. Approximately 25 percent of the applicants fail the knowledge and skills tests the 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). VerDate Mar<15>2010 22:09 Jul 31, 2014 Jkt 232001 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 there are 2,144 examiners who administer CDL tests. Based on a sampling of several SDLAs, 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 knowledgetest-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 the 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 × 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). Background: The licensed drivers in the United States deserve reasonable PO 00000 Frm 00226 Fmt 4703 Sfmt 4703 44963 assurance that their fellow motorists are properly qualified to drive the vehicles they operate. Before the Commercial Motor Vehicle Safety Act of 1986 (CMVSA or the Act) Public Law 99–570, Title XII, 100 Stat. 3207, 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 E:\FR\FM\01AUN1.SGM 01AUN1 tkelley on DSK3SPTVN1PROD with NOTICES 44964 Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Notices 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 VerDate Mar<15>2010 22:09 Jul 31, 2014 Jkt 232001 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. 107, June 9, 1998, 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 (76 FR 26854) (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 (49 U.S.C. sec. 31302); 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 PO 00000 Frm 00227 Fmt 4703 Sfmt 4703 Inspector General (OIG) on June 4, 2004, 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 E:\FR\FM\01AUN1.SGM 01AUN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Notices 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 (sec. 12011(a)). 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 383.71(a)(2)(ii) and (b)(2)].’’ Public Comments: On May 22, 2014, FMCSA published a notice in the Federal Register to announce this proposed ICR and request comment from the public on it for 60 days (79 FR 29480). One comment was received in response to this notice and has been placed in the public docket. The commenter is anonymous. The full comment and responsive consideration is as follows: The anonymous commenter stated: ‘‘The ICR indicates that there are 2.96 million drivers of interstate CMVs. On what basis? BLS puts the number of drivers of heavy trucks at about 1.6 m, not all of whom are in interstate commerce. Even if one adds the selfemployed (BLS puts that at less than 150,000) and bus drivers, one would be hard pressed to reach 3 million interstate drivers. Turnover in long-haul truckload is high, but not almost a half million per year as estimated. Does the Agency have any basis for these numbers? The number of drivers holding a CDL is irrelevant, as the ICR admits. A driver is not subject to the rule unless he or she is driving a CMV in interstate commerce. A CDL holder is not required to notify anyone of convictions if he or she is not driving a CMV so using 13 million as the baseline is just silly as it is for the next item (providing information to the new employer). The burden is vastly overstated.’’ The FMCSA in response disagrees with the anonymous commenter. The BLS underestimates the number of VerDate Mar<15>2010 22:09 Jul 31, 2014 Jkt 232001 drivers who are operating trucks and require a CDL. The BLS only counts persons who declare their profession as a truck driver. There are many other persons who work for utility companies and other employers who consider themselves professional electricians, plumbers, construction workers, etc. who operate commercial motor vehicles that require them to hold a CDL. In addition, drivers of motorcoaches, transit buses and school buses are required to have a CDL if the vehicle is designed to transport 16 or more passengers, including the driver. In regard to using a little over 13 million as the number of active CDL and commercial learners permit (CLP) holders, this is supported by the number of driver records that are on the Commercial Driver’s License Information System minus an estimate of the number of driver records of persons permanently disqualified, voluntarily surrendered their CDL or are recorded deceased, but must remain in the data base because they contain driver convictions that must be retained on the record for a set period of time. These 13 million active CDL and CLP holders represent both interstate and intrastate drivers, whether they are currently employed or not employed. There are certain requires to hold a CDL or CLP whether or not the person is currently employed as a driver. This includes the reporting of all moving violations in any motor vehicle to either their employer or if not currently employed to their State of licensure. Also, there is a high turnover of employed drivers, either seeking new employment or coming in and out of the trucking industry. 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. PO 00000 Frm 00228 Fmt 4703 Sfmt 4703 44965 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: July 28, 2014. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology and Chief Information Officer. [FR Doc. 2014–18170 Filed 7–31–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FR A–2014–0059] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System In accordance with part 235 of Title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that by a document dated February 24, 2014, Norfolk Southern Corporation (NS) and the Indiana and Ohio Railway (IORY) have jointly petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA assigned the petition Docket Number FRA–2014–0059. Applicants: Norfolk Southern Corporation, Mr. Brian L. Sykes Chief Engineer–C&S Engineering 1200 Peachtree Street NE., Atlanta, GA 30309. Indiana and Ohio Railway Mr. Charles McBride Senior Vice President Ohio Valley Region 2856 Cypress Way Cincinnati, OH 45212. NS and IORY seek approval of the proposed discontinuance of a traffic control system (TCS) in Cincinnati, OH, on the IORY Oasis Subdivision, IORY E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44961-44965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18170]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0195]


Agency Information Collection Activities; Revision of a 
Currently-Approved Information Collection Request: Commercial Driver 
Licensing and Test Standards

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 
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 
License Information System (CDLIS) driver records from 12.8 to 14.6 
million and the addition of one information collection item: ``Driver 
completion of knowledge and skills tests [49 CFR 383.71(a)(2)(ii) and 
(b)(2)].'' 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: Please send your comments by September 2, 2014. OMB must receive 
your comments by this date in order to act on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2014-0195. 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 oira_submission@omb.eop.gov, or faxed to (202) 395-6974, or mailed to the 
Office of 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. 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:
    Title: Commercial Driver Licensing and Test Standards.
    OMB Control 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 
(SDLAs).
    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

[[Page 44962]]

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).
    (3) 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.
    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 (%) based on industry estimates. 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 the application form. The renewal 
driver

[[Page 44963]]

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 the 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) who 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).
    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 minutes to record the results of 
knowledge tests and 5 minutes for the skills tests. Approximately 25 
percent of the applicants fail the knowledge and skills tests the 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 there are 2,144 examiners who administer CDL 
tests.
    Based on a sampling of several SDLAs, 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 the 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).
    Background: The licensed drivers in the United States deserve 
reasonable assurance that their fellow motorists are properly qualified 
to drive the vehicles they operate. Before the Commercial Motor Vehicle 
Safety Act of 1986 (CMVSA or the Act) Public Law 99-570, Title XII, 100 
Stat. 3207, 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

[[Page 44964]]

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. 107, June 9, 1998, 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 
(76 FR 26854) (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 (49 U.S.C. sec. 31302); 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, 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

[[Page 44965]]

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 (sec. 12011(a)). 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 383.71(a)(2)(ii) and (b)(2)].''
    Public Comments: On May 22, 2014, FMCSA published a notice in the 
Federal Register to announce this proposed ICR and request comment from 
the public on it for 60 days (79 FR 29480). One comment was received in 
response to this notice and has been placed in the public docket. The 
commenter is anonymous. The full comment and responsive consideration 
is as follows:
    The anonymous commenter stated: ``The ICR indicates that there are 
2.96 million drivers of interstate CMVs. On what basis? BLS puts the 
number of drivers of heavy trucks at about 1.6 m, not all of whom are 
in interstate commerce. Even if one adds the self-employed (BLS puts 
that at less than 150,000) and bus drivers, one would be hard pressed 
to reach 3 million interstate drivers. Turnover in long-haul truckload 
is high, but not almost a half million per year as estimated. Does the 
Agency have any basis for these numbers? The number of drivers holding 
a CDL is irrelevant, as the ICR admits. A driver is not subject to the 
rule unless he or she is driving a CMV in interstate commerce. A CDL 
holder is not required to notify anyone of convictions if he or she is 
not driving a CMV so using 13 million as the baseline is just silly as 
it is for the next item (providing information to the new employer).
    The burden is vastly overstated.''
    The FMCSA in response disagrees with the anonymous commenter. The 
BLS underestimates the number of drivers who are operating trucks and 
require a CDL. The BLS only counts persons who declare their profession 
as a truck driver. There are many other persons who work for utility 
companies and other employers who consider themselves professional 
electricians, plumbers, construction workers, etc. who operate 
commercial motor vehicles that require them to hold a CDL. In addition, 
drivers of motorcoaches, transit buses and school buses are required to 
have a CDL if the vehicle is designed to transport 16 or more 
passengers, including the driver.
    In regard to using a little over 13 million as the number of active 
CDL and commercial learners permit (CLP) holders, this is supported by 
the number of driver records that are on the Commercial Driver's 
License Information System minus an estimate of the number of driver 
records of persons permanently disqualified, voluntarily surrendered 
their CDL or are recorded deceased, but must remain in the data base 
because they contain driver convictions that must be retained on the 
record for a set period of time. These 13 million active CDL and CLP 
holders represent both interstate and intrastate drivers, whether they 
are currently employed or not employed. There are certain requires to 
hold a CDL or CLP whether or not the person is currently employed as a 
driver. This includes the reporting of all moving violations in any 
motor vehicle to either their employer or if not currently employed to 
their State of licensure. Also, there is a high turnover of employed 
drivers, either seeking new employment or coming in and out of the 
trucking industry.
    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: July 28, 2014.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology and Chief Information Officer.
[FR Doc. 2014-18170 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-EX-P