60-day Federal Register Notice

Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Notices
Issued in Washington, DC on July 3, 2007.
Joe Hebert,
Manager, Financial Analysis and Passenger
Facility Charge Branch.
[FR Doc. 07–3340 Filed 7–9–07; 8:45 am]
BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–26602]

Notice of Request for Information
(RFI): Renew Approval of an
Information Collection; OMB Control
No. 2126–0011 (Commercial Driver
Licensing and Test Standards)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for information.

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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,
‘‘Commercial Driver Licensing and Test
Standards.’’ This information collection
is needed to ensure that drivers, motor
carriers and the States are complying
with notification and recordkeeping
requirements for information related to
testing, licensing, violations,
convictions and disqualifications and
that the information is accurate,
complete and transmitted and recorded
within certain time periods as required
by the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA), as amended.
DATES: We must receive your comments
on or before September 10, 2007.
ADDRESSES: You may submit comments
by any of the following methods. Please
identify your comments by the FMCSA
Docket Number FMCSA–2006–26602.
• 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 Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington DC 20590 between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.

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• 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 U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington DC 20590 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 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.
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; e-mail:
[email protected]. Office hours
are from 9 a.m. to 5:30 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
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 Attachment A) 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 in
place, only 12 of these States required

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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 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 commercial driver’s
license information system (CDLIS).
The CMVSA further requires each
person who has a CDL suspended,
revoked or canceled by a State, or who
is disqualified from operating a CMV for
any period, to notify his or her employer
of such actions. Drivers of CMVs must
notify their employers within 1 business
day of being notified of the license
suspension, revocation, and
cancellation, or of the lost right to
operate or disqualification. These
requirements are reflected in 49 CFR
part 383, titled ‘‘Commercial Driver’s
License Standards; Requirements and
Penalties.’’
Specifically, section 383.21 prohibits
a person from having more than one
license; section 383.31 requires
notification of convictions for driver
violations; section 383.33 requires
notification of driver’s license
suspensions; section 383.35 requires
notification of previous employment;
and section 383.37 outlines employer
responsibilities. Section 383.111
requires the passing of a knowledge test
by the driver and section 383.113
requires the passing of a skills test by

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Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Notices

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) (Public Law 106–159,
113 Stat. 1748 (Dec. 9, 1999))
(Attachment B) 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)
(Attachment C) 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.
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

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to the employer upon application for
employment (49 CFR 383.35) is used to
assist the employer in meeting his/her
responsibilities to ensure that the
applicant does not have a history of
high safety risk behavior.
State officials use the information
collected on the license application
form (49 CFR 383.71), the medical
certificate information that is posted to
the driving record (proposed) and the
conviction and disqualification data
posted to the driving record (49 CFR
383.73) to prevent unqualified and/or
disqualified CDL holders from operating
CMVs on the nation’s highways. State
officials are also required to administer
knowledge and skills tests to CDL driver
applicants (49 CFR 384.202). The driver
applicant is required to correctly answer
at least 80 percent of the questions on
each knowledge test in order to achieve
a passing score on that test. To achieve
a passing score on the skills test, the
driver applicant must demonstrate that
he/she can successfully perform all of
the skills listed in the regulations.
During State CDL compliance reviews,
FMCSA officials review this information
to ensure that the provisions of the
regulations are being carried out.
Without the aforementioned
requirements, there would be no
uniform control over driver licensing
practices to prevent unqualified and/or
disqualified drivers from being issued a
CDL and to prevent unsafe drivers from
spreading their convictions among
several licenses in several States and
remaining behind the wheel of a CMV.
Failure to collect this information
would render the regulations
unenforceable.
Information submitted by the States
will be used by the FMCSA to
determine if individual States are in
‘‘substantial compliance’’ with section
12009(a) of the CMVSA. The FMCSA
reviews information submitted by the
States and conducts such reviews,
audits, and investigations of each State
once every three years or as it deems
necessary to make compliance
determinations for all States and the
District of Columbia. If this information
were not available, the FMCSA would
have no means of independently
verifying State compliance.
This request for renewed approval
includes 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].’’

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Title: Commercial Driver Licensing
and Test Standards.
OMB Number: 2126–0011.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Drivers with a
commercial driver’s license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents:
8,332,800 driver respondents and
7,870,400 State respondents.
Estimated Time per Response: 5.15
minutes per response.
Expiration Date: April 30, 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 × 10/60 hours =
640,000 hours);
(2) Providing Previous Employment
History: The 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
× .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 × 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 ×
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 × 160
hours = 2,400 hours).

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Federal Register / Vol. 72, No. 131 / Tuesday, July 10, 2007 / Notices
(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 ×
.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 × 2/60 = 19,200 hours).
There are 230,400 drivers a year who
change their State of domicile (11.52
million drivers × .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 change State
of domicile requirement has an
estimated annual burden of 7,680 hours
(230,400 transactions × 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 × 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 × 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 × .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 × 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

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estimated annual burden of 9,600 hours
(576,000 applications × 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 × 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 minute to record
the results of knowledge tests and 5
minutes for the skills tests.
Approximately 25 percent of the
applicants fail the knowledge and skills
tests.
The knowledge test recordkeeping
requirement has an estimated annual
burden of 24,000 hours (576,000
applicants × 2 /60 hours × 1.25 = 24,000
hours).
The skills test recordkeeping
requirement has an estimated annual
burden of 60,000 hours (576,000
applicants × 5/60 hours × 1.25 =
60,000).
The total burden hours are 84,000
hours for these combined activities
(24,000 + 60,000 = 84,000).
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
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 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

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comments in the request for OMB’s
clearance of this information collection.
Issued on: June 29, 2007.
D. Marlene Thomas,
Associate Administrator for Administration.
[FR Doc. E7–13376 Filed 7–9–07; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
Reports, Forms and Recordkeeping
Requirements; Agency Information
Collection Activity Under OMB Review
Maritime Administration, DOT.
Notice and request for
comments.

AGENCY:
ACTION:

SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection abstracted below has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. The nature of the information
collection is described as well as its
expected burden. The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on April 23, 2007. No comments were
received.
DATES: Comments must be submitted on
or before August 9, 2007.
FOR FURTHER INFORMATION CONTACT:
Rodney McFadden, Maritime
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590. Telephone:
202–366–2647, FAX: 202–366–7403 or
e-mail: rodney.mcfadden @dot.gov.
Copies of this collection also can be
obtained from that office.
SUPPLEMENTARY INFORMATION: Maritime
Administration (MARAD).
Title: Elements of Request for Course
Approval.
OMB Control Number: 2133–0535.
Type of Request: Extension of
currently approved collection.
Affected Public: Respondents are
public and private maritime security
course training providers.
Forms: None.
Abstract: Under this voluntary
collection, public and private maritime
security training course providers may
choose to provide the Maritime
Administration (MARAD) with
information concerning the content and
operation of their courses. MARAD will
use this information to evaluate whether
the course meets the training standards
and curriculum promulgated under
Section 109 of the Maritime

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