PRA-2126-0028.SS.Extension.090415.AWS.BS.Use-rg

Department of Transportation

Office of the Chief Information Officer

SUPPORTING STATEMENT

Training Certification for Entry-Level Commercial Motor Vehicle Operators

Introduction: This is to request the Office of Management and Budget’s (OMB) approval of an extension of OMB Control Number 2126-0028, “Training Certification for Entry-Level Commercial Motor Vehicle Drivers,” information collection request (ICR). This ICR expires January 31, 2016. This ICR asks for extension without change to the Agency’s estimate of the burden hours of this ICR approved by OMB on January 28, 2013. In May 2015, the Agency completed a Negotiated Rulemaking to establish a more extensive training protocol for entry-level CMV operators. The Agency is currently preparing a NPRM based on the consensus recommendations of the Entry-Level Driver Training Advisory Committee. If the NPRM proposes amending driver-training requirements, the Agency will submit an estimate of the revised ICR burden of the requirements for OMB approval.

The regulations forming the basis of this collection are applicable to bus and truck drivers who drive in interstate commerce and operate commercial motor vehicles (CMV) for which a commercial driver’s license (CDL) is required (“CDL drivers”). The regulations also cover motor-carrier employers of these drivers (49 CFR part 380, subpart E) (Attachment A). The definition of a CMV includes vehicles that have a gross vehicle weight rating of 26,001 pounds or more, are designed to transport 16 or more passengers, or are used to transport placardable hazardous materials (49 CFR § 383.5) (Attachment B). These regulations apply to “entry-level” CDL drivers, i.e. those who have either no experience, or less than 1 year of experience, operating a CMV in interstate commerce (49 CFR 380.502(b)) (Attachment C). Entry-level CDL drivers must receive this training, and upon completion, obtain a certificate of training from the training provider as proof of completion of the training. The employing motor carrier must maintain a copy of the certificate in the driver’s qualification file.

Part A. Justification.

1. Circumstances that make the collection of information necessary:

The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. § 31301, et seq.) (Attachment D) established national minimum testing and licensing standards for all operators of CMVs. The goal was to ensure that drivers of large trucks and buses possess the knowledge and skills necessary to operate safely on public highways. The CMVSA established the CDL program and directed the Federal Highway Administration (FHWA) (predecessor Agency to FMCSA) to establish minimum Federal standards that States must meet when licensing CMV drivers. The CMVSA applies to anyone who operates a CMV 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) (Pub. L. 102-240, December 18, 1991) (Attachment E) directed FHWA to “commence a rulemaking proceeding on the need to require training of all entry-level drivers of CMVs.” On June 21, 1993, FHWA published an advance notice of proposed rulemaking (ANPRM) titled, “Training for All Entry Level Drivers of Commercial Motor Vehicles (CMVs)” (58 FR 33874) (Attachment F). The FHWA also began a study of the effectiveness of the training of entry-level drivers of buses and heavy trucks by the private sector. The results of the study were published in 1995 under the title “Adequacy of Commercial Motor Vehicle Driver Training” (Adequacy Report), 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 May 21, 2004, FMCSA published a final rule titled, “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (69 FR 29384)(Attachment G). The new requirements went into effect on July 20, 2004. The rule mandates training for interstate CMV drivers on four topics: driver qualifications, hours-of-service of drivers, driver wellness and whistle-blower protection.

The information collection supports the DOT Strategic Goal of Safety.

2. How, by whom, and for what purpose is the information used:

Employers are prohibited by regulation from allowing an entry-level driver to operate a CMV without ensuring that the driver has received the entry-level training required. CDL drivers receive a certificate when they successfully complete the mandatory training, and must present a copy of it to their employer in order to be qualified to drive a CMV in interstate commerce. The employer keeps a copy of the training certificate in the driver qualification file. During a compliance review, the certificate serves as proof that the CDL driver completed the required training.

3. Extent of automated information collection:

This information collection requires the completion and signing of a training certification form. Training providers may automate completion of the certificate of training. The certificate is filed in the driver’s qualification file maintained at the principal place of business of the employing motor carrier.

4. Describe efforts to identify duplication:

To the best of our knowledge, the information collected pursuant to the entry-level driver training regulation is not being collected by any other person or entity.

5. Efforts to minimize the burden on small businesses:

The motor carrier industry includes a substantial number of small business operators who are required to ensure that their interstate CDL drivers have received the appropriate training. All employers, regardless of size, must verify the eligibility of a driver before allowing him or her to operate a CMV, and must maintain a copy of the driver’s training certificate in the driver qualification file. It is also the responsibility of the driver to obtain the required training.

An employer, a training school, or a consortium of motor carriers may provide the training. The following are examples of acceptable training environments: (1) a classroom with a trained instructor, (2) a one-on-one training session between the entry-level driver and a representative of his or her employer working from a prepared outline, and (3) a professionally prepared video or audio covering the required topics. An employer providing the training must retain evidence of the training so that a safety investigator can verify that the requirements of the rule have been satisfied.

6. Impact of less frequent collection of information:

A CDL driver is only required to take this training once in his or her career. When the training is complete, a certificate of training is created as proof of attendance. The driver simply provides a copy of the certificate to future employers to satisfy the requirement of this rule. Any less frequent collection would defeat the purpose of the training; safety investigators must be able to verify that CDL drivers have received this important training.

7. Special circumstances:

There are no special circumstances associated with this information collection.

8. Compliance with 5 CFR 1320.8:

On May 28, 2015, FMCSA published a notice in the Federal Register (80 FR 30532) (Attachment H) with a 60-day comment period announcing its intention to seek OMB review and approval to revise this ICR. The Agency received no comments in response to this notice.

On September 3, 2015, FMCSA published a notice in the Federal Register (80 FR 53385) (See Attachment I) with a 30-day comment period that announced that FMCSA was sending this ICR to OMB for approval.

9. Payments or gifts to respondents:

Respondents do not receive payments or gifts.

10. Assurance of confidentiality:

The driver retains the original of the training certificate and provides a copy to motor carriers employing him or her. Motor carriers maintain the copy in the driver qualification file; FMCSA investigators may review this documentation during compliance reviews. FMCSA investigators protect the information that they review during compliance reviews in accordance with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, Pub. L. 93-557, 88 Stat. 1897 (December 31, 1974) (Attachment I).

11. Justification for collection of sensitive information:

No sensitive information is collected.

12. Estimate of burden hours for information requested:

All CDL holders must obtain requisite entry-level driver training prior to driving a CMV in interstate commerce. CDL holders who operate exclusively in intrastate commerce are not required to obtain entry-level driver training. The agency estimates that 530,000 CDLs are issued each year, and that 397,500 of these are interstate CDLs.¹ FMCSA estimates that the following tasks are associated with this burden estimate: Drafting of the requisite certificate of training, photocopying of the certificate, delivery of a copy of the certificate to the employing motor carrier, and retention of the original of the certificate in a personal filing system.

The Agency estimates that 397,500 interstate CDL drivers will take an average of 10 minutes annually to complete the tasks associated with the CDL training certificate.

Total Estimated Annual Burden Hours: 66,250 hours (397,500 drivers × 10 minutes ÷ 60 minutes).

Total Estimated Annual Responses and Respondents: 397,500 drivers

The Agency estimates value of the drivers’ time to be about $18 per hour, comprising the wages ($11.89 per hour²) and employee benefits (50.0 percent of wages³) drivers can expect to receive after they have been employed by a motor carrier ($18 = $11.89 × (1 + 0.50)). The total annual labor cost for the tasks associated with the CDL training certificate is estimated to be $1.2 million per year (66,250 hours × $18 per hour).

13. Estimate of total annual costs to respondents:

Other than the costs associated with the burden hours shown in item #12 above (which are not to be included in item #13), there are no capital/start-up costs or operation/maintenance costs associated with the information collection burden of this proposal.

14. Estimate of cost to the Federal government:

There are no costs to the Federal government; CDL training certificates are not submitted to FMCSA.

15. Explanation of program changes or adjustments:

The adjustment of -1 between the 66,251 approved estimated annual burden hours and the 66,250 proposed estimated annual burden hours for this submission was due to a calculation error [397,500 drivers x 10 minutes to complete tasks associated with the CDL training certificates/ 60 minutes = 66,250 hours]. Therefore, the estimated annual burden hours are being corrected to 66, 250 hours.

16. Publication of results of data collection:

This information will not be published.

17. Approval for not displaying expiration date of OMB approval:

The FMCSA does not ask for this approval.

18. Exceptions to certification statement:

There are no exceptions to the certification statement.

1 “Regulatory Evaluation of Entry-Level Driver Training Notice of Proposed Rulemaking,” August, 2015, page 29.

2 Bureau of Labor Statistics (BLS). Occupational Employment Statistics, May 2010, 53-3032 Heavy and Tractor-Trailer Truck Drivers. http://www.bls.gov/oes/current/oes533032.htm#nat (Accessed March 13, 2012). For entry level drivers, FMCSA uses the wage estimate for the lowest 10th percentile.

3 FMCSA estimates this 50% employee benefit rate by using the private industry average wage ($16.03 per hour) and benefit information ($8.01 per hour) for production, transportation, and moving material workers. Benefits thus amount to 50.0 percent of wages (0.500 = $8.01 / $16.03). From “Employer Costs for Employee Compensation—September 2010.”(Accessed on 23-August-2011 at http://www.bls.gov/news.release/pdf/ecec.pdf).

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