60-day Federal Register Notice

PRA-2126-0028-60dayFR.PUBLISHED.052307.pdf

Training Certification for Entry-Level Commerical Motor Vehicle Operators

60-day Federal Register Notice

OMB: 2126-0028

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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Notices

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 in the Federal Register on
April 11, 2000 (65 FR 19477), or you
may visit http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSD, Federal Motor Carrier Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590–0001.
Telephone: 202–366–4009. E-mail:
[email protected].

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SUPPLEMENTARY INFORMATION:

Background: The Motor Carrier Safety
Act of 1984 (Pub. L. 98–554, Title II, 98
Stat 2834 (October 30, 1984)) requires
the Secretary of Transportation
(Secretary) to issue regulations
pertaining to CMV safety. The
regulations require motor carriers to
maintain specified information in a
driver qualification (DQ) file for each
CMV driver it employs. The DQ file
contains the minimum information
necessary to document the
qualifications of a driver to operate a
CMV in interstate commerce and in
intrastate commerce under compatible
State laws and regulations. The
authority to require carriers to maintain
DQ files is 49 U.S.C. 504, 31133, 31136,
and 31502, and 49 CFR 1.73 and 391.51.
This information is available to
FMCSA investigators to substantiate the
qualifications of each driver to operate
a CMV in interstate commerce safely. A
qualified driver means fewer crashes.
Title: Driver Qualification Files.
OMB Control Number: 2126–0004.
Type of Request: Revision of a
currently approved information
collection.
Respondents: Motor Carriers; and
Drivers who are also Motor Carriers.
Estimated Number of Respondents: 7
million.
Estimated Time per Response: An
average of 28 minutes.
Expiration Date: June 30, 2007.
Frequency of Response: Many of these
obligations concern activities involving
the hiring of a driver. They also include
the obligations of all entities that have
employed this applicant-driver in the
past 3 years in a safety-sensitive
position; usually these are other motor
carriers. These obligations occur
irregularly because they are associated
with the variable needs of motor carriers
for new drivers. In addition, this

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collection imposes obligations that
pertain to motor carriers and their
employee-drivers. Most of these
obligations must be met annually.
Estimated Total Annual Burden:
3,254,580 hours. FMCSA arrives at this
estimate through calculation of the time
involved with each of the following
requirements of the driver qualification
regulations:
(A) General Requirements for the
Hiring of a Driver by a Motor Carrier are
as follows:
(1) Application for employment of the
applicant-driver; and
(2) Driving record of the applicantdriver.
(B) Safety Performance History of the
Applicant-Driver involves the following:
(1) Investigation by the hiring motor
carrier;
(2) Former employer submitting to the
hiring motor carrier a copy of its safety
performance history on the applicantdriver;
(3) Request of the applicant-driver for
a copy of the history; and
(4) Rebuttal of the history by the
applicant-driver.
(C) Other Driver Qualification
Requirements are as follows:
(1) Employee-driver’s certificate of
violations;
(2) Motor carrier’s review of
employee-driver’s driving record(s); and
(3) Drivers for more than one motor
carrier.
The medical certificate is also
required to be included in the Driver’s
Qualification File. However, the Agency
has a separate OMB approval for the
medical certificate component of the
Driver Qualification Files.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA’s performance;
(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. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Issued on: May 17, 2007.
D. Marlene Thomas,
Associate Administrator for Administration.
[FR Doc. E7–9947 Filed 5–22–07; 8:45 am]
BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2007–27924]

Notice of Request for Information
(RFI): Training Certification for EntryLevel Commercial Motor Vehicle
Operators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
AGENCY:

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
review and approval, and invites public
comment. The FMCSA requests
approval to revise an ICR entitled,
‘‘Training Certification for Entry-Level
Commercial Motor Vehicle Operators,’’
that relates to the training requirements
for drivers applying for a commercial
drivers license.
DATES: We must receive your comments
on or before July 23, 2007.
ADDRESSES: You may submit comments
identified by any of the following
methods. Please identify your comments
by the FMCSA Docket Number FMCSA–
2007–27924.
• Web site: http://dms.dot.gov.
Follow instructions for submitting
comments to the Docket.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Management
Facility, 400 Seventh Street, SW., Plaza
level, Washington, DC 20590–0001.
• Hand Delivery: Plaza level of the
Nassif Building, 400 Seventh Street,
SW., Washington DC, between 9 a.m.
and 5 p.m., e.t. Monday through Friday,
except Federal holidays.
Docket: For access to the Docket
Management System (DMS) to read
background documents or comments
received, go to http://dms.dot.gov at any
time or to the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., e.t. Monday through Friday,
except Federal holidays. The DMS is
available electronically 24 hours each
day, 365 days each year. If you want
notification of receipt of your
comments, please include a selfaddressed, stamped envelope, or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone is able to search
the electronic form of all comments

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pwalker on PROD1PC71 with NOTICES

Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Notices
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 in the Federal Register on
April 11, 2000 (65 FR 19477), or you
may visit http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSD, Federal Motor Carrier Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590–0001.
Telephone: 202–366–4009. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background: The Commercial Motor
Vehicle Safety Act of 1986 (CMVSA) (49
U.S.C. 31301 et seq.) established
national minimum testing and licensing
standards for operators of large trucks
and buses. Congress sought to ensure
that drivers of large trucks and buses
possessed the knowledge and skills
necessary to operate these vehicles. The
CMVSA established the ‘‘Commercial
Drivers License’’ (CDL) program and
directed the Federal Highway
Administration (FHWA), FMCSA’s
predecessor agency, to establish
minimum Federal standards that States
must meet when licensing CMV drivers.
The CMVSA applies to most operators
of CMVs in interstate or intrastate
commerce, including employees of
Federal, State and local governments.
Section 4007(a)(2) of the Intermodal
Surface Transportation Efficiency Act of
1991 (ISTEA) (Public Law 102–240,
December 18, 1991) directed the FHWA
to ‘‘commence a rulemaking proceeding
on the need to require training of all
entry-level drivers of CMVs.’’ On June
21, 1993, the FHWA published in the
Federal Register an advance notice of
proposed rulemaking entitled,
‘‘Commercial Motor Vehicles: Training
for All Entry Level Drivers’’ (58 FR
33874). The Agency also began a study
of the effectiveness of the training of
entry-level drivers by the private sector.
The results of the study were published
in 1997 under the title ‘‘Adequacy of
Commercial Motor Vehicle Driver
Training,’’ and are available in FMCSA
Docket 1997–2199. The study found that
the heavy truck, motor coach, and
school bus segments of the industry
were not providing adequate entry-level
training.
On August 15, 2003, FMCSA
published a notice of proposed
rulemaking (NPRM) entitled,
‘‘Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle

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Operators’’ (68 FR 48863). The Agency
proposed mandatory training for
operators of CMVs in four areas: driver
qualifications, hours-of-service of
drivers, driver wellness and whistleblower protection. Training in these
topics was not required at that time, and
the Agency believed that knowledge of
these areas was crucial to CMV safety.
On May 21, 2004, FMCSA published a
final rule with the same title as the
NPRM (69 FR 2004). The Agency
mandated training for all CDL operators
in the four subject areas, effective July
20, 2004. On June 11, 2004, OMB
approved the information collection
associated with this requirement for a
period of three years expiring June 30,
2007.
Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators.
OMB Control Number: 2126–0028.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Entry-level CDL drivers.
Estimated Number of Respondents:
45,611.
Estimated Time per Response: 10
minutes.
Expiration Date: June 30, 2007.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
7,602 hours. FMCSA estimates that an
entry-level driver requires
approximately 10 minutes to complete
the tasks necessary to comply with the
regulation. Those tasks are:
photocopying the training certificate,
giving the photocopy to the motor
carrier employer, and placing the
original of the certificate in a personal
file. Therefore, the annual burden for all
entry-level drivers is (45,611 × 10/60) =
7,602 hours (rounded).
Definitions: ‘‘Commercial Motor
Vehicles (CMVs)’’: This rule applies to
the operators of a specific sub-group of
commercial vehicles, i.e. those having a
gross vehicle weight rating of 26,001
pounds or more, regardless of weight;
are designed to transport 16 or more
passengers; or are used to transport
placardable and dangerous hazardous
materials (49 CFR 383.5). The term
‘‘CMV’’ is limited to this definition in
this document; the term ‘‘CDL driver’’ is
used because the operators of these
CMVs are required to have a valid
commercial driver’s license (CDL). This
rule currently applies solely to ‘‘entrylevel’’ CDL drivers, i.e. those who have
no experience operating a CMV (49 CFR
380.502(b)).
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is

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29033

necessary for the FMCSA’s performance;
(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. The
Agency will summarize or include your
comments in the request for OMB’s
clearance of this information collection.
Issued on: May 17, 2007.
D. Marlene Thomas,
Associate Administrator for Administration.
[FR Doc. E7–9948 Filed 5–22–07; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2007–27181 (Notice
No. 07–2)]

Information Collection Activities Under
OMB Review
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requests (ICR) abstracted
below will be forwarded to the Office of
Management and Budget (OMB) for
review and comments. The ICRs
describe the nature of the information
collections and their expected burden.
A Federal Register Notice with a 60-day
comment period soliciting comments on
the following collections of information
was published on February 26, 2007 [72
FR 8421]. In response to our Notice, we
received one comment concerning the
renewal of OMB Control No. 2137–0586,
‘‘The Hazardous Materials Public Sector
Training and Planning Grants.’’ A
summary of the comment and our
response can be found under the
abstract for OMB Control No. 2137–
0586.
DATES: Interested persons are invited to
submit comments on or before June 22,
2007.
ADDRESSES: Because of the recent
relocation of the Department of
Transportation’s Docket Operations
facility, which manages the Document
Management System (DMS), comments
to this notice may be submitted as
follows:
1. During the office closure May 25,
2007, through May 29, 2007:

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2007-05-23
File Created2007-05-23

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