[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Notices]
[Page 58926-58929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc07-127]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-29250]
Agency Information Collection Activities; Revision of an Approved
Information Collection: OMB Control No. 2126-0011 (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 existing Information Collection
Request (ICR) described below to the Office of Management and Budget
(OMB) for review and approval. This information collection is necessary
to ensure that drivers, motor carriers and the States comply with the
notification and recordkeeping requirements for information related to
testing, licensing, violations, convictions and disqualifications and
that the information is accurate. On July 10, 2007, FMCSA published a
Federal Register notice allowing for a 60-day comment period on the
ICR. One comment was received.
DATES: Please send your comments by November 16, 2007. OMB must receive
your comments by this date in order to act quickly on the ICR.
ADDRESSES: You may submit comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 Seventeenth
Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior
Transportation Specialist, Office of Safety Programs, Commercial
Driver's License Division, MC-ESL (W65-227), 1200 New Jersey Avenue,
SE, Washington, DC 20590-0001. Telephone: 202-366-5014; e-mail
robert.redmond@dot.gov. Office hours are from 9 a.m. to 5:30 p.m.,
e.t., Monday through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Driver Licensing and Test Standards.
[[Page 58927]]
OMB Control Number: 2126-0011.
Type of Request: Revision of a currently-approved information
collection.
Respondents: Drivers with a commercial driver's license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents: 8,332,800 driver respondents and
7,870,720 State respondents.
Estimated Time per Response: 5.15 minutes.
Expiration Date: October 31, 2007.
Frequency of Response: Variable.
Estimated Total Annual Burden: 1,391,456 hours.
The information collection is comprised of seven components:
(1) Notification of Convictions/Disqualifications: There are
approximately 11.52 million active commercial driver's license (CDL)
driver records. Each driver averages 1 conviction every 3 years. The
estimated number of annual responses = 3,840,000 (11.52 million CDL
drivers/3 = 3,840,000). It takes approximately 10 minutes to notify a
motor carrier concerning convictions. The notification requirement has
an estimated annual burden of 640,000 burden hours (3,840,000
convictions x 10/60 hours = 640,000 hours);
(2) Providing Previous Employment History: Estimated annual
turnover rate of drivers is approximately 14 percent. There are an
estimated 1,612,800 annual responses to this requirement (11.52 million
CDL drivers x .14 annual turnover rate = 1,612,800). It takes
approximately 15 minutes to complete this requirement. The employment
history requirement has an estimated annual burden of 403,200 hours
(1,612,800 annual responses x 15/60 hours = 403,200 hours);
(3) 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 each response. The compliance
certification requirement has an estimated annual burden of 1,632 hours
(51 responses x 32 hours = 1,632 hours);
(4) State Compliance Review Documentation: A State CDL compliance
review is conducted approximately every 3.4 years. There are 15
responses (51 States/3.4 years = 15 States/year). It takes
approximately 160 hours to complete each response. The State compliance
review documentation requirement has an estimated annual burden of
2,400 hours (15 States x 160 hours = 2,400 hours).
(5) CDLIS 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 576,000 new drivers a year (11.52 million
drivers x .05 = 576,000 new drivers). We estimate that the average
amount of time for each CDLIS inquiry performed by a State to add a new
driver is 2 minutes. The new driver requirement has an estimated annual
burden of 19,200 hours (576,000 transactions x 2/60 = 19,200 hours).
There are 230,400 drivers a year who change their State of domicile
(11.52 million drivers x .02 = 230,400 drivers). We estimate that the
average amount of time for each CDLIS inquiry performed by a State to
change a driver's State of domicile is 2 minutes. The State of domicile
change requirement has an estimated annual burden of 7,680 hours
(230,400 transactions x 2/60 hours = 7,680 hours).
Approximately 25 percent of convictions result in a
disqualification. There are 4,800,000 driver convictions and
disqualifications (3,840,000 convictions x 1.25 = 4,800,000). 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 160,000 hours
(4,800,000 transactions x 2/60 hours = 160,000 hours).
Approximately 33 percent of active CDL drivers have a hazardous
materials endorsement. The average renewal period is approximately 5
years. There are 760,320 drivers a year applying for, or renewing, a
hazardous materials endorsement to their CDL (11.52 million active CDL
drivers x .33/5 years = 760,320 drivers). We estimate that the average
amount of time for each citizenship/resident alien status check
performed by a State is 2 minutes. The citizenship/resident alien
status check transaction requirement has an estimated annual burden of
25,344 hours (760,320 transactions x 2/60 hours = 25,344 hours).
The total burden hours for these combined collection of information
activities is 212,224 hours (19,200 hours + 7,680 hours + 160,000 hours
+ 25,344 hours = 212,224 hours).
(6) CDL Application Form: There are approximately 576,000 new CDL
applicants a year. It takes approximately 1 minute to complete the CDL
application. The new applicant CDL application requirement has an
estimated annual burden of 9,600 hours (576,000 applications x 1 /60
hours = 9,600 hours).
The average CDL renewal period is approximately 5 years. Therefore,
2,304,000 drivers renew their CDL a year (11.52 million active CDL
drivers/5 years = 2,304,000 drivers). It takes approximately 1 minute
for renewal drivers to complete the CDL application. The renewal driver
CDL application requirement has an estimated annual burden of 38,400
hours (2,304,000 x 1/60 hours = 38,400 hours).
The total burden hours for these combined collection of information
activities is 48,000 hours (9,600 hours + 38,400 hours = 48,000 hours).
(7) Knowledge and Skills Test Recordkeeping: There are
approximately 576,000 new CDL applicants a year. 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 knowledge test recordkeeping requirement has an estimated
annual burden of 24,000 hours (576,000 applicants x 2 /60 hours x 1.25
= 24,000 hours).
The skills test recordkeeping requirement has an estimated annual
burden of 60,000 hours (576,000 applicants x 5/60 hours x 1.25 =
60,000).
The total burden hours are 84,000 hours for these combined
activities (24,000 + 60,000 = 84,000).
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 at Public Law 99-570, Title XII,
100 Stat. 3207-170), 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, only 12 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 the 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.
[[Page 58928]]
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 requires
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 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 4972)
implementing 15 of the 16 CDL-related provisions of the Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law 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
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 (Public Law 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.
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) 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 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, FMCSA would have no means of
independently verifying State compliance.
This request for renewed approval includes three additional
information collection items: (1) ``State completing documents for a
State-CDL compliance review [49 CFR 384],'' (2) ``CDL Knowledge and
Skills Tests Recordkeeping [49 CFR 384.202]'' and 3) driver renewals
under ``Driver Completion of the CDL Application [49 CFR 383.71].''
Only one comment was received in response to the 60-day notice that
was published on July 10, 2007 (72 FR 37563). It was in the form of a
report on covert monitoring of third-party testers from the State of
North Carolina, Division of Motor Vehicles. The report did not provide
any information that would affect the information collection burden
hour estimate.
Definitions: Under 49 CFR 383.5, a CMV is defined as a motor
vehicle or combination of motor vehicles which: (a) Has a gross
combination weight rating of 11,794 or more kilograms (kg) (26,001 or
more pounds (lbs) inclusive of a towed unit with a gross vehicle weight
rating (GVWR) of more than 4,536 kg (10,000 lbs); (b) has a GVWR of
11,794 or more kg (26,001 or more lbs); (c) is designed to transport 16
or
[[Page 58929]]
more passengers, including the driver; or (d) is of any size and is
used to transport hazardous materials as hazardous materials are
defined in 49 CFR 383.5.
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 the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information.
Issued on: October 11, 2007.
Terry Shelton,
Associate Administrator, Research & Information Technology.
[FR Doc. E7-20490 Filed 10-16-07; 8:45 am]
BILLING CODE 4910-EX-P