Attachment E: 30-day FR

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to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Notification to FMCSA
Any motor carrier utilizing this
exemption must notify FMCSA within 5
business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carrier’s CMVs operating
under the terms of this exemption. The
notification must include the following
information:
(a) Identity of the exemption: ‘‘ACPA’’
(b) Name of operating motor carrier
and USDOT number,
(c) Date of the accident,
(d) City or town, and State, in which
the accident occurred, or closest to the
accident scene,
(e) Driver’s name and license number
and State of issuance
(f) Vehicle number and State license
plate number,
(g) Number of individuals suffering
physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the
accident,
(j) Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
(k) The driver’s total driving time and
total on-duty time period prior to the
accident.
Reports filed under this provision
shall be emailed to [email protected].
Termination

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FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revocation of the exemption.
The FMCSA will immediately revoke or
restrict the exemption for failure to
comply with its terms and conditions.
Issued on: March 10, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017–05522 Filed 3–20–17; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0275]

Agency Information Collection
Activities; Approval of a New
Information Collection Request:
Commercial Driver’s License (CDL)
Skills Testing Delays
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. This ICR is to
collect data on the delays, by State, that
applicants face when scheduling a CDL
skills test. This information collection
and subsequent data analysis is required
by section 5506 of the Fixing America’s
Surface Transportation Act, 2015 (FAST
Act).
DATES: Please send your comments by
April 20, 2017. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2016–0275. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Nicole Michel, Office of Analysis,
Research, and Technology/Research
Division, Department of Transportation,
Federal Motor Carrier Safety
Administration, 6th Floor, West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001.
Telephone: 202–366–4354; Email
Address: [email protected]. Office
hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUMMARY:

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SUPPLEMENTARY INFORMATION:

Title: Survey on CDL Skills Test
Delays.
OMB Control Number: 2126–00XX.
Type of Request: New information
collection.
Respondents: Annual survey: State
CDL Coordinators; Optional quarterly
report of delay time at each test site:
State CDL Coordinators and State CDL
test location staff.
Estimated Number of Respondents:
Annual survey: 51 State CDL
Coordinators, one from each of the 50
States, and one from Washington, DC.
Optional quarterly report of delay time
at each test site: 1,230 (51 State CDL
Coordinators and 1,179 State CDL
testing location representatives).
Estimated Time per Response: Annual
survey: 2.3 hours (120 minutes to gather
data + 17.5 minutes to respond to
survey). Optional quarterly report of
delay time at each test site: 30 minutes
for State CDL Coordinator to gather
information and 1 minute for State CDL
test location representative to report
current delay time at test site.
Expiration Date: N/A. This is a new
information collection.
Frequency of Response: Annually; In
addition, respondents have the option to
report delay time at test sites on a
quarterly basis.
Estimated Total Annual Burden:
Annual survey: 116.9 hours (2.3 hours
× 51 respondents = 116.9 hours).
Optional quarterly report of delay time
at each test site: 180.6 hours [4 quarters
× (30 minutes × 51 State CDL
Coordinators + 1 minute × 1179 State
CDL test location representatives) =
180.6 hours] .
Background
Section 5506 of the FAST Act (Pub. L.
114–94, Dec. 4, 2015, 49 U.S.C. 31305
note) requires FMCSA to produce a
study on CDL skills test delays on an
annual basis. The requirements of the
study are to submit a report describing:
‘‘(A) the average wait time from the
date an applicant requests to take a
skills test to the date the applicant has
the opportunity to complete such test;
(B) the average wait time from the
date an applicant, upon failure of a
skills test, requests a retest to the date
the applicant has the opportunity to
complete such retest;
(C) the actual number of qualified
commercial driver’s license examiners
available to test applicants; and
(D) the number of testing sites
available through the State department
of motor vehicles and whether this
number has increased or decreased from
the previous year.’’
The report is also required to describe
‘‘specific steps the Administrator is

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taking to address skills testing delays in
States that have average skills test or
retest wait times of more than 7 days.’’
If this information collection does not
occur, FMCSA will not be able to fulfill
its mandate as directed by the FAST
Act, noted above, by conducting a study
on CDL skills test delays, as there is
currently no repository of information
on skills tests and the required data is
not available for all States at this time.
If information collection occurs on a
less-than-annual basis, beyond negating
its statutory duties, as discussed above,
FMCSA will not be able to make
observations on yearly trends or analyze
differences in each State on a year-toyear basis.
FMCSA has met with several
stakeholders, including the American
Association of Motor Vehicle
Administrators (AAMVA), the
Commercial Vehicle Training
Association, and State Driver Licensing
Agencies to ensure that the information
being collected in this survey has not
already been collected, is not currently
available to FMCSA, and is not in the
process of being collected. Extensive
background research was conducted to
ensure the study was not duplicative. A
previous study, done by the
Government Accountability Office in
2015, asked for similar information but
did not produce specific enough data to
be used in this study.
The survey will be sent out via email,
with the option for online completion
using SurveyMonkey®. Each State can
respond via email or the online survey
depending on which method is more
convenient for the respondent. The
welcome letter will indicate that
FMCSA prefers responses via the online
survey tool.
The information collected will be
published annually in a report to the
Committee on Commerce, Science, and
Transportation of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives. The first report is due
to Congress no later than June 1, 2017.
FMCSA plans to have a draft report
available by June 1, 2017, with the
finalized report submitted to congress in
August 2017. Subsequent reports will be
published on an annual basis thereafter.
Summary of Public Comments Received
On October 5, 2016, FMCSA
published a notice in the Federal
Register (81 FR 69184) with a 60-day
public comment period to announce
this proposed information collection.
The agency received eight comments in
response to this notice.
Four commenters provided insights
into States’ current CDL skills testing

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delays, including an applicant’s average
wait time to complete a skills test; an
applicant’s average wait time to
complete a retest; the number of
qualified commercial driver’s license
examiners; and the number of State
testing sites. FMCSA appreciates this
information, and encourages each State
to fill out the complete survey when it
is administered.
Two commenters indicated that they
believe the information collection is
necessary and can provide useful
information. One commenter noted that
FMCSA’s primary mission is to reduce
crashes, injuries, and fatalities involving
large trucks and buses, and that this
survey does not advance FMCSA’s
mission. While FMCSA agrees that the
correlation between CDL skills test and
increased safety is not immediately
apparent, FMCSA believes skills testing
is an integral part of truck and bus
safety mission. In addition, as discussed
above, FMCSA is required to collect this
information at this interval based on the
FAST Act.
While two commenters indicated that
they believe the burden estimate seems
reasonable, one commenter strongly
disagreed. The commenter estimated
that annual burden would be between
200 and 270 hours because the State
does not currently track the information
subject to the ICR. FMCSA has reevaluated the burden estimate based on
this feedback and feels that the new
burden estimate accurately reflects the
commenter’s concerns. FMCSA also
believes the commenter was accounting
for a much more in depth analysis,
which FMCSA appreciates but does not
plan to require. FMCSA has revised the
instructions and definitions accordingly
to ensure States do not feel unduly
burdened by the information collection.
FMCSA received valuable feedback
on ways to enhance the quality,
usefulness, and clarity of the collected
information. Specific suggestions
related to the inclusion of additional
questions and better defined terms and
phrases.
One commenter requested that
FMCSA ensure data is as detailed as
possible. FMCSA believes the data will
become more robust after the first year,
as States will be able to better prepare
for the annual survey.
One commenter suggested FMCSA
inquire as to the source of States’
reported estimates, while another
commenter voiced concern that there
may not be enough space for providing
feedback on how estimates were
developed, thereby introducing error in
the analysis portion of this study.
FMCSA has revised the survey to
include questions pertaining to how the

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data was collected and calculated, and
the sources used to calculate delays,
thereby allowing for more meaningful
analysis and more meaningful future
data collection.
Several commenters indicated that
FMCSA should inquire about
mandatory waiting periods for skills
testing and retesting. FMCSA has
covered this area in multiple questions
in the survey to ensure mandatory
waiting periods are accurately
understood in addition to skills testing
delays, as both contribute to the time it
takes an applicant to receive their CDL.
FMCSA has ensured that mandatory
wait times are collected separately from
delay periods throughout the ICR.
One commenter requested FMCSA
include a question pertaining to shortest
and longest wait times. FMCSA has
revised the survey to include this
question, but has also included an
option for States to indicate they cannot
collect this information. FMCSA
understands that some States will not be
able to produce information pertaining
to this data.
One commenter was concerned with
the definition of ‘‘average wait time,’’
when it should be calculated, and how
it should be calculated. In addition, the
commenter noted that ‘‘average wait
time’’ will vary by region, or by testing
location. FMCSA has included detailed
instructions in the survey to address
these concerns. Furthermore, it has
provided the option for States to either
provide wait times for all testing
locations, or to provide a minimum wait
time (i.e. the wait time at a rural, nonpopular test site), the maximum (the
wait time at the busiest test site), and
the average wait time for mediumdensity test sites. Finally, FMCSA is
providing an option for seasonal surveys
tailored to each State to minimize
burden, as discussed in further detail
below.
The commenter also requested
FMCSA clarify what is meant by
‘‘opportunity to complete such test.’’
While FMCSA understands some
applicants may choose a later test date
for personal reasons, a delay incurred by
the applicant’s personal reasons is not
something the State has control over
and should not be reflected in this
study, to the best ability of the State.
FMCSA understands some States may
not be able to separate the two, in which
case personal delays may be grouped
together with test scheduling delays.
One commenter recommended the
AAMVA add the required information
to additional reports in Commercial
Skills Test Information Management
System (CSTIMS) to satisfy the
information collection request. During

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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices
previous conversations with AAMVA,
FMCSA determined that an additional
field to determine if the delay is due to
a customer request or actual delay
would require funding and time that is
not currently available. Furthermore,
given that not all States currently use
CSTIMs, FMCSA cannot justify
pursuing this route at this time, but will
continue discussions with AAMVA for
future efforts, as appropriate.
Several comments addressed how the
burden could be minimized without
reducing the quality of collected
information. One commenter indicated
that they believe the burden is minimal
as it stands. Another commenter
suggested that as States become
accustomed to this annual data
collection, States will be able to collect
data in a timelier manner.
One commenter suggested the burden
could be minimized by not requiring a
year’s worth of data to be accumulated
and calculated. The commenter
suggested that FMCSA distribute a
quarterly ‘‘snapshot’’ survey to collect
wait times across different seasons and
different locales, or to work with
AAMVA to readily produce this
information in CSTIMs. FMCSA did not
intend for every CDL skills test to be
included in the average and has
provided more concrete instructions for
States to collect data that is meaningful
while not being overly burdensome.
FMCSA has considered the suggestion
for a quarterly snapshot survey, and will
include a voluntary quarterly survey
after the first annual survey. This has
been accurately updated in burden
estimates and in the information
collection package.
Finally, one commenter reported that
if they are required to modify their
systems to provide the information
subject to this ICR, grant funding would
be necessary and it would require a long
time period to complete these efforts.
FMCSA does not intend for States to be
required to modify their existing
systems, and believes most of the
information required should be readily
available to a certain degree of
granularity.
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 to perform it’s
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA to enhance the quality,

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usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority delegated in 49
CFR 1.87 on: March 9, 2017.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2017–05523 Filed 3–20–17; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF THE TREASURY
Multiemployer Pension Plan
Application To Reduce Benefits
Department of the Treasury.
Notice of availability; request
for comments.

AGENCY:
ACTION:

The Board of Trustees of the
Western States Office and Professional
Employees Pension Fund (WSOPE
Pension Fund), a multiemployer
pension plan, has submitted an
application to Treasury to reduce
benefits under the plan in accordance
with the Multiemployer Pension Reform
Act of 2014 (MPRA). The purpose of
this notice is to announce that the
application submitted by the Board of
Trustees of the WSOPE Pension Fund
has been published on the Web site of
the Department of the Treasury
(Treasury), and to request public
comments on the application from
interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the WSOPE Pension Fund.
DATES: Comments must be received by
May 5, 2017.
ADDRESSES: You may submit comments
electronically through the Federal
eRulemaking Portal at http://
www.regulations.gov, in accordance
with the instructions on that site.
Electronic submissions through
www.regulations.gov are encouraged.
Comments may also be mailed to the
Department of the Treasury, MPRA
Office, 1500 Pennsylvania Avenue NW.,
Room 1224, Washington, DC 20220.
Attn: Eric Berger. Comments sent via
facsimile and email will not be
accepted.
Additional Instructions. All
comments received, including
attachments and other supporting
SUMMARY:

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materials, will be made available to the
public. Do not include any personally
identifiable information (such as Social
Security number, name, address, or
other contact information) or any other
information in your comment or
supporting materials that you do not
want publicly disclosed. Treasury will
make comments available for public
inspection and copying on
www.regulations.gov or upon request.
Comments posted on the Internet can be
retrieved by most Internet search
engines.
For
information regarding the application
from the WSOPE Pension Fund, please
contact Treasury at (202) 622–1534 (not
a toll-free number).
SUPPLEMENTARY INFORMATION: The
Multiemployer Pension Reform Act of
2014 (MPRA) amended the Internal
Revenue Code to permit a
multiemployer plan that is projected to
have insufficient funds to reduce
pension benefits payable to participants
and beneficiaries if certain conditions
are satisfied. In order to reduce benefits,
the plan sponsor is required to submit
an application to the Secretary of the
Treasury, which Treasury, in
consultation with the Pension Benefit
Guaranty Corporation (PBGC) and the
Department of Labor, is required to
approve or deny.
On February 22, 2017, the Board of
Trustees of the WSOPE Pension Fund
submitted an application for approval to
reduce benefits under the plan. As
required by MPRA, that application has
been published on Treasury’s Web site
at https://auth.treasury.gov/services/
Pages/Plan-Applications.aspx. Treasury
is publishing this notice in the Federal
Register, in consultation with the PBGC
and the Department of Labor, to solicit
public comments on all aspects of the
WSOPE Pension Fund application.
Comments are requested from
interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the WSOPE Pension Fund.
Consideration will be given to any
comments that are timely received by
Treasury.
FOR FURTHER INFORMATION CONTACT:

Dated: March 15, 2017.
Tom West,
Tax Legislative Counsel, Office of Tax Policy.
[FR Doc. 2017–05489 Filed 3–20–17; 8:45 am]
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