60-day Federal Register Notice

Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
Respondents: 150,607 users of the
National Airspace System.
Frequency: This information is
collected on occasion.
Estimated Average Burden per
Response: 7 minutes.
Estimated Total Annual Burden: 881
hours.
ADDRESSES: Send comments to the FAA
at the following address: Ms. Carla
Scott, Room 712, Federal Aviation
Administration, IT Enterprises Business
Services Division, AES–200, 800
Independence Ave., SW., Washington,
DC 20591.
Public comments invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
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 in Washington, DC on September 2,
2010.
Carla Scott,
FAA Information Collection Clearance
Officer, IT Enterprises Business Services
Division, AES–200.
[FR Doc. 2010–22554 Filed 9–8–10; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0246]

Notice of Request To Revise a
Currently-Approved Information
Collection Request: Motor Carrier
Safety Assistance Program
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval and invites public
comment. The FMCSA requests
approval to revise an ICR entitled
‘‘Motor Carrier Safety Assistance
Program (MCSAP).’’ The information
required consists of grant application
preparation, quarterly reports and

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SUMMARY:

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electronic data documenting the results
of driver/vehicle inspections performed
by the States. This ICR is being revised
due to an increase in the estimated
number of State inspections that will be
performed annually resulting in change
to the estimated burden to perform this
activity.
DATES: We must receive your comments
on or before November 8, 2010.
ADDRESSES: You may submit comments
bearing the Department of
Transportation (DOT) Docket
Management System (DMS) Docket
Number FMCSA–2010–0246 using any
of the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington
DC, 20590–0001 between 9 a.m. and
5 p.m., e.t., Monday through Friday,
except Federal Holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this Notice. Note that DOT posts all
comments received without change to
http://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, 20590–
0001 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The DMS is available 24 hours
each day, 365 days each year. If you
want acknowledgement that we
received your comments, please include
a self-addressed, stamped envelope or
post card or print the acknowledgement
page that appears after submitting them
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 of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement for the Federal
Docket Management System published
in the Federal Register on January 17,

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2008 (73 FR 3316), or you may visit
http://edocket.access.gpo..gov/2008/
pdf/E8–785.pdf.
FOR FURTHER INFORMATION CONTACT:
Mr. John E. Kostelnik, Office of Safety
Programs, State Programs Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
West Building 6th Floor, 1200 New
Jersey Avenue, SE., Washington DC
20590. Telephone: 202–366–5721;
e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Title: Motor Carrier Safety Assistance
Program.
OMB Control Number: 2126–0010.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: State MCSAP lead
agencies.
Estimated Number of Respondents:
52.
Estimated Time per Response: Grant
application preparation: 79.5 hours
each; quarterly report preparation: 8
hours each; and inspection and data
upload: 1 minute each.
Expiration Date: February 28, 2011.
Frequency of Response: Grant
application: 1 annually; quarterly
reports: 4 annually; and inspection and
data upload: about 3.4 million annually.
Estimated Total Annual Burden:
13,550 hours. The methods used to
calculate the hours necessary to prepare
grant applications, upload data, and
prepare quarterly reports are based on
interviews with the State and Federal
personnel charged with those
responsibilities. The information
required to prepare the applications for
grants and the subsequent reports is
based on general information ordinarily
maintained by the States in the general
course of business, and only simple
computations are required to determine
burden hours. The grant applications
and reports are submitted by the 50
States, 4 Territories, Puerto Rico, and
the District of Columbia. Each entity
submits one grant request per year and
four quarterly reports. About 3.4 million
inspection reports are uploaded each
year.
The figures reflect only 20 percent of
the total estimated hours to perform the
activities, since MCSAP reimburses 80
percent of the eligible costs incurred in
the administration of an approved plan
as set forth in 49 CFR 350.303, 350.309
and 350.311. Labor hours are estimated
and an average hourly rate for
professional personnel is applied. The
four territories of American Samoa,
Guam, U.S. Virgin Islands and the
Commonwealth of the Northern Mariana
Islands receive 100 percent Federal

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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices

funding for their MCSAP activities;
therefore they are not included in the
computation of burden.
Background: Sections 401 through
404 of the Surface Transportation
Assistance Act of 1982 (STAA) (Pub. L.
97–424) established a program of
financial assistance to the States to
implement programs to enforce:
(a) Federal rules, regulations, standards,
and orders applicable to commercial
motor vehicle safety; and
(b) compatible State rules, regulations,
standards and orders. This grant-in-aid
program is known as the Motor Carrier
Safety Assistance Program (MCSAP).
Section 402(c) of the STAA requires that
the Secretary of Transportation
(Secretary), on the basis of reports
submitted by the States and the
Secretary’s own inspections, make a
continuing evaluation of the manner in
which each State is carrying out its
approved safety enforcement plan. The
STAA’s MCSAP provisions are codified
at 49 U.S.C. 31102.
The Transportation Equity Act for the
21st Century (TEA–21) (Pub. L. 105–
178) further revised the MCSAP by
broadening its purpose beyond
enforcement activities and programs by
requiring participating States to assume
greater responsibility for improving
motor carrier safety. Section 4003 of
TEA–21 required States to develop
performance-based plans reflecting
national priorities and performance
goals, revised the MCSAP funding
distribution formula, and created a new
incentive funding program. As a result,
States have greater flexibility in
designing programs to address national
and State goals of reducing the number
and severity of commercial motor
vehicle (CMV) accidents.
The Safe, Accountable, Flexible, and
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU) (Pub.
L. 109–59) amended 49 U.S.C.
31102(b)(1) to modify and augment the
conditions a State must meet to qualify
for basic program funds under the
MCSAP. The statute requires a State to
document in its State Commercial
Vehicle Safety Plan (CVSP) its
commitment to meet the following
additional conditions:
• Deploy technology to enhance the
efficiency and effectiveness of CMV
safety programs;
• Include, in both the training manual
for the licensing examination to drive a
non-CMV and the training manual for
the licensing examination to drive a
CMV, information on best practices for
driving safely in the vicinity of
noncommercial and commercial motor
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• Conduct comprehensive and highly
visible traffic enforcement and CMV
safety inspection programs in high-risk
locations and corridors; and
• Except in the case of an imminent
or obvious safety hazard, ensure that an
inspection of a vehicle transporting
passengers for a motor carrier of
passengers is conducted at a station,
terminal, border crossing, maintenance
facility, destination, or other location
where a motor carrier may make a
planned stop.
Additionally, section 4106 of
SAFETEA–LU amended 49 U.S.C.
31102(c) to provide that States may use
a portion of MCSAP basic grant funds to
conduct documented enforcement of
State traffic laws—both laws and
regulations designed to promote the safe
operation of CMVs and laws and
regulations relating to non-CMVs, when
necessary to promote the safe operation
of CMVs.
In order for FMCSA to evaluate
program effectiveness, it is necessary for
the State to provide and maintain
information concerning past, present
and future program activity. The Final
Rule that revised Part 350 to implement
the changes to the MCSAP made by
SAFETEA–LU was published in the
Federal Register on July 5, 2007 (72 FR
36769) . The State’s grant application,
known as the CVSP, must contain the
information required by 49 CFR
350.201, 350.211 and 350.213. This
information is necessary to enable
FMCSA to determine whether a State
meets the statutory and administrative
criteria to be eligible for a grant. It is
necessary that a State’s work activities
and accomplishments be reported so
that FMCSA can monitor and evaluate
a State’s progress under its approved
plan and make the determinations and
decisions required by 49 CFR 350.205
and 350.207. The FMCSA is required to
determine whether each State’s efforts
meet the intended objectives of its plan.
In the event of nonconformity with any
approved plan and failure on the part of
a State to remedy deficiencies, FMCSA
is required to take action to cease
Federal participation in that State’s
plan.
This information collection supports
the DOT Strategic Goal of Safety
(i.e., reducing commercial truck-related
fatalities) by providing financial and
technical support to State CMV
enforcement efforts.
The FMCSA uses the information in
the CVSP to determine whether a State
has the necessary resources and
authority to undertake the program
intended by Congress. After a grant has
been awarded to a State, a continuing

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evaluation of the State’s activities is
performed to determine whether
continued funding is appropriate and if
revisions in the State’s CVSP should be
made. A quarterly report is submitted by
the States using Standard Form PPR
(SF–PPR) along with a narrative
addendum to provide the minimum
necessary information to assist in
appropriate monitoring of a State’s
performance, compared to its CVSP, and
to permit FMCSA to determine whether
the effort of a State is cost efficient and
whether Federal assistance should be
continued. In addition, inspection data
and reports are submitted electronically
by the inspecting officer from the field
to FMCSA at the time of completion of
the inspection.
SAFETEA–LU provides that States
may conduct traffic enforcement
activities against non-CMVs to promote
the safe operation of CMVs. The States
have been routinely conducting traffic
enforcement activities on CMVs and
been reimbursed, provided an
appropriate inspection was conducted
at the time. Previously, non-CMV traffic
enforcement was not an eligible MCSAP
activity for reimbursement so the States
have not captured activity levels for this
type of enforcement. The number of
non-CMV enforcement activities
conducted by the States has been
relatively minimal since SAFETEA–LU
limits the amount of MCSAP grant
funding that can be used for non-CMV
traffic enforcement activities to no more
than five percent of the basic amount a
State receives annually.
The quarterly report is created by the
State and submitted to FMCSA using
inspection data and other information.
The collection of uniform data permits
analysis and comparison of State
programs and facilitates program
administration and reporting (e.g.,
comparison of the data from a single
State to the national average, equipment
violation and out-of-service trends, etc.).
The FMCSA routinely uses quarterly
report information to measure
individual and collective State program
accomplishment and to assist with
future program development.
Description of MCSAP forms:
a. Form MCSAP–1, Motor Carrier
Safety Assistance Program: Use of the
MCSAP–1 form is being discontinued.
States will be required to submit their
grant applications electronically using
grants.gov beginning in Fiscal Year
2011. The SF–424 form (OMB No. 4040–
0004), available via grants.gov, will be
used in place of the previously
approved MCSAP–1 form.
b. Form MCSAP–2, Grant Agreement:
The MCSAP–2 form is the grant
agreement that specifies the total

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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
amount of the State Program, the State
and Federal participating shares, the
period of the grant, and the signatures
of the responsible State official and the
FMCSA Division Administrator.
c. Form MCSAP–2A, Grant
Amendment for Fiscal Yearll: The
MCSAP–2A form is used to modify the
terms of the grant. It is used to increase
or decrease the amount of the grant, or
to extend the period of the grant. It
contains the signatures of the
responsible State official and the
FMCSA Division Administrator.
In addition, the following documents
are provided as part of the CVSP
package:
a. State Training Plan (optional
format): This document is a request for
commercial vehicle training courses. It
is used by the FMCSA’s National
Training Center to more effectively
schedule training courses to meet the
needs of State enforcement agencies.
b. State Certification: The CVSP must
contain a State Certification signed by
the Governor, the State Attorney
General, or other specially designated
State official. The Certification includes
conditions that must be met by the State
to receive MCSAP grant funds.
Virtually all (99%) of the information
required by the grant is submitted
electronically. This includes over 3.4
million inspection reports, which are
uploaded electronically from laptop
computers at inspection sites in the
field to FMCSA annually. The nearuniversal use of laptops for submitting
these inspection reports has resulted in
a dramatic reduction in the time burden.
The annual CVSPs require signed
certifications by State personnel and
these certification documents are not,
therefore, electronically transmitted.
The FMCSA is the only Federal
agency authorized to enforce safety
regulations applicable to commercial
trucks and buses in interstate
commerce. The type of information to
be gathered from the States through this
information collection is unique to
MCSAP. No duplication was identified
through the rulemaking process to
implement relevant sections of
SAFETEA–LU.
Under MCSAP grants are extended to
the States predicated on annual
submission of CVSPs. The FMCSA has
determined that although monthly or
bimonthly reports are not needed, a
semiannual report would not be
sufficiently frequent to allow for timely
evaluation and changes in State program
direction. Therefore, quarterly reports
were determined to be the most
appropriate, considering burden and
Federal need. If the reports were
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would be unable to exercise appropriate
oversight and administration of the
program as envisioned by the Congress.
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 on: September 2, 2010.
Kelly Leone,
Director, Office of Information Technology.
[FR Doc. 2010–22462 Filed 9–8–10; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0273]

Notice of Request for Information
(RFI): Training Certification for Drivers
of Longer Combination Vehicles
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval and invites public
comment. The FMCSA requests OMB
approval to revise an ICR entitled,
‘‘Training Certification for Drivers of
Longer Combination Vehicles.’’ This ICR
is necessary because the training
certificates drivers are required to
present to prospective employers serve
as proof the drivers have successfully
completed the training to operate
Longer Combination Vehicles (LCVs)
safely on the Nation’s highways. Motor
carriers are required to maintain a copy
of the training certification in each LCV
driver’s qualification file, which may be
reviewed by Federal or State
enforcement officials. This ICR is being
revised due to an anticipated increase in
the estimated number of LCV drivers
submitting training certificates to
employers resulting in change to the
estimated information collection burden
for this training task.

SUMMARY:

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We must receive your comments
on or before November 8, 2010.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2010–0273 by any of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
below. Note that all comments received
will be posted without change to
http://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s Privacy Act Statement for
the Federal Docket Management System
published in the Federal Register on
January 17, 2008 (73 FR 3316, or you
may visit http://edocket.access.gpo.gov/
2008/pdfE8-794.pdf.
Public participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
DATES:

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