The purpose of this information
collection request (ICR) is to inform the Agency's development of a
mandatory driver-training program primarily for individuals
applying for the first commercial driver's license (CDL). This ICR
would allow the State Driver Licensing Agencies (SDLAs) to furnish
this critical data and thereby inform the design of the CDL driver
training program to be proposed by the Agency for comment. FMCSA is
unaware of any other source for this data.
On September 18, 2014,
Advocates for Highway and Auto Safety, the International
Brotherhood of Teamsters, and Citizens for Reliable and Safe
Highways sued the Federal Motor Carrier Safety Administration
(FMCSA) and the U.S. Department of Transportation (DOT) in the
United States Court of Appeals for the District of Columbia Circuit
(DC Circuit). The plaintiffs seek an order of mandamus compelling
DOT to promulgate an entry-level driver training regulation by a
date certain. In legislation signed into law on July 6, 2012
(“Moving Ahead for Progress in the 21st Century (MAP-21)”),
Congress mandated that FMCSA conduct rulemaking to put in place
mandatory training for entry-level applicants for a commercial
drivers’ license (CDL) no later than October 1, 2013 (Sec. 32304).
FMCSA decided that the complexity of this endeavor might best be
addressed by a negotiated rulemaking (“Reg Neg”) conducted under
the provisions of the Negotiated Rulemaking Act of 1996 (5 U.S.C. §
561 et seq.). On August 19, 2014, FMCSA published a Notice of
Intent to Explore Negotiated Rulemaking (79 FR 49044) and hired a
convener to speak with interested parties about the feasibility of
conducting a negotiated rulemaking. Based upon the convener’s
recommendation, the Agency on December 10, 2014, published notice
of its intent to establish an Entry-Level Driver Training Advisory
Committee to negotiate proposed regulations to implement section
32304. On February 12, 2015, the Agency published notice of the
formation of an Entry-Level Driver Training Advisory Committee
(ELDTAC) as part of the negotiated rulemaking process. Although
FMCSA is moving the Reg Neg ahead as a high priority, the Agency
believes that the DC Circuit may require a greater showing that the
Agency is proceeding in good faith and with deliberate speed to
develop and propose the driver-training program. However, FMCSA
does not have certain data that is crucial to that development: the
number of individuals who would require entry-level CDL driver
training annually. This data, which is not available from any
sources other than individual State driver licensing agencies
(SDLAs), would not only inform the design of the training program,
but would allow the Agency to conduct the various regulatory
analyses, such as cost/benefit analysis, that it must, by law,
publish with any formal rulemaking proposal. In addition, the data
would provide valuable information for the ongoing Reg Neg.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form MCSA-5894 Request for Data to State Driver Licensing Agencies
49 U.S.C. 31305.General driver fitness,testing,and training.docx
Request for Data to State Driver Licensing Agencies