60-day Federal Register Notice

Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Notices
1601 Lind Avenue SW., Renton, WA
98057–3356, or Frances Shaver, (202)
267–4059, Office of Rulemaking (ARM–
207), Federal Aviation Administration,
800 Independence Avenue SW.,
Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on May 14,
2012.
Lirio Liu,
Acting Director, Office of Rulemaking.

Petition for Exemption
Docket No.: FAA–2012–0290.
Petitioner: Halliburton Energy
Services.
Section of 14 CFR Affected: § 25.807.
Description of Relief Sought: The
petitioner requests relief from the
requirement to have a standard-sized,
Type III overwing exit on Gulfstream
Model GV–SP, G500, and G550
airplanes.
[FR Doc. 2012–11986 Filed 5–16–12; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0129]

Agency Information Collection
Activities; Extension of a Currently
Approved Collection; Training
Certification for Entry-Level
Commercial Motor Vehicle Operators
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 its
review and approval, and invites public
comment. The FMCSA has developed
an improved estimate of the number of
annual responses to this information
collection. The result is an increase in
the Agency’s estimate of the total annual
burden hours of this collection.
DATES: We must receive your comments
on or before July 16, 2012.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2012–0129 using one of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.

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SUMMARY:

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• 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, 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC 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 http://
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 the Department of
Transportation’s (DOT) complete
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.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations,
Federal Motor Carrier Safety
Administration, 1200 New Jersey

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Avenue SE., Washington, DC 20590–
0001. Telephone: 202–366–4325. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Commercial Motor Vehicle Safety
Act of 1986 (CMVSA) (49 U.S.C. 31301
et seq.) established the commercial
driver’s license (CDL) program and
directed the Federal Highway
Administration (FHWA), FMCSA’s
predecessor agency, to establish
minimum qualifications for issuance of
a CDL. After public notice and an
opportunity for comment, the FHWA
established standards for the knowledge
and skills which a CDL applicant must
satisfy.
In 1985, the FHWA published ‘‘Model
Curriculum for Training Tractor-Trailer
Drivers.’’ The FHWA did not mandate
driver training at that time. It believed
the cost of developing a comprehensive
driver-training program was too high in
terms of agency resources. This was
especially so, FHWA believed, in light
of its reasonable expectation that the
level of safety of entry level drivers
would soon be elevated because (1) the
deadline for States to adopt the new
mandatory CDL-licensing standards for
driver knowledge and skills was still in
the future, and (2) many truck driving
schools had updated their curricula in
light of the new model curriculum
(‘‘Truck Safety: Information on Driver
Training,’’ Report of the U.S. General
Accounting Office, GAO/RCED–89–163,
August 1989, pages 4 and 5).
In 1991, the Intermodal Surface
Transportation Efficiency Act of 1991
(ISTEA) (Pub. L. 102–240, December 18,
1991) directed the FHWA to
‘‘commence a rulemaking proceeding on
the need to require training of all entrylevel drivers of commercial motor
vehicles (CMVs)’’ (Section 4007(a)(2)).
On June 21, 1993, the FHWA issued 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 driver
training currently being received by
entry-level CMV drivers. The results of
the study were published in 1997 under
the title ‘‘Adequacy of Commercial
Motor Vehicle Driver Training.’’ The
study is available under FMCSA Docket
1997–2199 at the Federal eRulemaking
Portal (www.regulations.gov) described
above. The study found that three
segments of the trucking industry were
not receiving adequate entry-level
training: heavy truck, motor coach, and
school bus.
On August 15, 2003, FMCSA
published a notice of proposed

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Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Notices

rulemaking (NPRM) entitled,
‘‘Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators’’ (68 FR 48863). The Agency
proposed mandatory training for
operators of CMVs on four topics: driver
qualifications, hours-of-service of
drivers, driver wellness and whistleblower protection. The Agency believed
that knowledge of these areas would
provide the greatest benefit to the safety
of CMV operations. On May 21, 2004,
FMCSA by final rule prohibited a motor
carrier from allowing an entry-level
driver to operate a CMV until it received
a written certificate indicating that the
driver had received training in the four
subject areas (69 FR 2004). The rule
became effective on July 20, 2004.
Training providers were required to
provide a certificate to each driver
trainee receiving the requisite training.
In 2005, the U.S. Court of Appeals for
the District of Columbia Circuit held
that FMCSA had failed to consider
important aspects of an adequate entrylevel training program. It remanded the
2004 driver-training rule to the Agency
for further consideration. On December
26, 2007, FMCSA proposed revised
minimum standards for the mandatory
training of entry-level CDL drivers (72
FR 73226). The Agency has analyzed the
public comments received in response
to the notice, and is continuing to
develop a final rule on this subject.
Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators
OMB Control Number: 2126–0028.
Type of Request: Extension of a
currently approved ICR.
Respondents: Entry-level CDL drivers.
Estimated Number of Respondents:
397,500. .
Estimated Time per Response: 10
minutes.
Expiration Date: November 30, 2012.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
66,250 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 66,250 hours
[397,500 drivers x 10/60 minutes to
respond = 66,250 hours].
Definitions: (1) ‘‘Federal Motor Carrier
Safety Regulations’’ (FMCSRs) are parts
350–399 of volume 49 of the Code of
Federal Regulations. (2) ‘‘Commercial
motor vehicle’’ (CMV) means a motor
vehicle or combination of motor

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vehicles used in commerce to transport
passengers or property if the motor
vehicle—(a) has a gross combination
weight rating of 11,794 kilograms or
more (26,001 pounds or more) inclusive
of a towed unit(s) with a gross vehicle
weight rating (GVWR) of more than
4,536 kilograms (10,000 pounds); or (b)
has a GVWR of 11,794 or more
kilograms (26,001 pounds or more); or
(c) is designed to transport 16 or more
passengers, including the driver; or (d)
is of any size and is used in the
transportation of hazardous materials as
defined in 49 CFR § 383.5 (49 CFR
383.5). The definition of CMV found at
49 CFR 390.5 of the FMCSRs is not
applicable to this notice. (3)
‘‘Commercial Driver’s License (CDL)
Driver’’ means the operator of a CMV
because such operators must possess a
valid commercial driver’s license (CDL)
(Section 383.23(a)(2)). (4) ‘‘Entry-level
CDL Driver’’ means a driver with less
than one year of experience operating a
CMV with a CDL (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
necessary for the FMCSA’s performance
of 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. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: May 10, 2012.
G. Kelly Leone,
Associate Administrator for Research and
Information Technology.
[FR Doc. 2012–11909 Filed 5–16–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2012–0043]

Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its
decision to exempt 16 individuals from
its rule prohibiting persons with
insulin-treated diabetes mellitus (ITDM)
from operating commercial motor
vehicles (CMVs) in interstate commerce.

SUMMARY:

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The exemptions will enable these
individuals to operate CMVs in
interstate commerce.
DATES: The exemptions are effective
May 17, 2012. The exemptions expire
on May 19, 2014.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA, Room
W64–224, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to
5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: http://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s 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, or
other entity). You may review DOT’s
Privacy Act Statement for the Federal
Docket Management System (FDMS)
published in the Federal Register on
January 17, 2008 (73 FR 3316), or you
may visit http://edocket.access.gpo.gov/
2008/pdf/E8-785.pdf.
Background
On March 27, 2012, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
16 individuals and requested comments
from the public (77 FR 18302). The
public comment period closed on April
26, 2012, and no comments were
received.
FMCSA has evaluated the eligibility
of the 16 applicants and determined that
granting the exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(3).
Diabetes Mellitus and Driving
Experience of the Applicants
The Agency established the current
requirement for diabetes in 1970

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