PRA-2126-0026 Supporting Statement 03.31.2017

Department of Transportation

Office of the Chief Information Officer

SUPPORTING STATEMENT

Training Certification for Drivers of Longer Combination Vehicles

INTRODUCTION

This is to request the Office of Management and Budget’s (OMB) three-year approved clearance for the renewal of the information collection entitled, “Training Certification for Drivers of Longer Combination Vehicles (LCVs)” OMB Control Number 2126-0026, which is currently due to expire on 05/31/2017.

Part A. Justification.

1. Circumstances that make the collection of information necessary:

Section 4007(b) of the Motor Carrier Act of 1991 (Title IV of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law 102-240, 105 Stat. 1914, 2152; 49 U.S.C. § 31307) (Attachment A) required the Secretary of Transportation to establish Federal minimum training requirements for drivers of LCVs. The responsibility for implementing the statutory requirement was subsequently delegated to FMCSA (49 CFR 1.73) (Attachment B). The FMCSA, in a final rule entitled, “Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements” (Attachment C) (2004 LCV Final Rule) adopted implementing regulations for minimum training requirements for the operators of LCVs (March 30, 2004; 69 FR 16722). The final rule created an information collection burden concerning the certification of new, current and non-grandfathered LCV drivers; grandfathering those current LCV drivers who are eligible for certification; and certification of LCV driver-instructors. The implementing regulations define an LCV as any combination of a truck-tractor and two or more semi-trailers or trailers, which operate on the National System of Interstate and Defense Highways (as defined in 23 CFR § 470.107) (Attachment D) with a gross vehicle weight greater than 80,000 pounds. This rule and this information collection enhance the safety of LCV operations on our nation’s highways.

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

Drivers are required to present a training certification form to prospective employers to prove they are certified to drive LCVs. Motor carriers must not allow drivers to operate LCVs without ensuring the drivers have been properly trained in accordance with the requirements under 49 CFR part 380 (Attachment E). The training certification form provides this assurance. Motor carriers must maintain a copy of the LCV training certification form in the driver qualification (DQ) file, required by 49 CFR § 380.401(b). During a compliance review, motor carriers responsible for the operation of LCVs must be able to show Federal or State enforcement officials that drivers responsible for operating such LCVs are certified to do so, based on the training certificate in their DQ files.

3. Extent of automated information collection:

This information collection requires the completion and signing of a training certification form. Motor carriers may maintain the required form electronically or via paper copy. Generally, DQ files must be maintained at the motor carriers’ principal place of business – the training certificate must be included in the DQ file. This information collection requires zero percent (0%) of the training certification forms to be submitted electronically.

4. Describe efforts to identify duplication:

The FMCSA is not aware of any other Federal or State entity that requires motor carriers to collect the same information that is required by the LCV training requirements under 49 CFR part 380.

5. Efforts to minimize the burden on small businesses:

The motor carrier industry consists primarily of small businesses, as defined by the Small Business Administration. Many of the motor carriers are independent, self-employed owner-operators. Small motor carriers are subject to the same requirements as their large counterparts. While it is unclear how many small businesses operate LCVs, the agency believes the number is not large. Therefore, the overall impact of this information collection burden on small businesses is likely to be minimal. While carriers must verify that a driver has proper training before allowing the driver to operate an LCV, it is up to the driver to obtain the required training.

6. Impact of less frequent collection of information:

The training certification form is required to be completed only once for each LCV driver; the LCV training certification does not expire.

7. Special circumstances:

The data collected is on the certificate that the trainer creates. The training provider must provide a training certificate or diploma to the entry-level driver. If an employer is the training provider, the employer must provide a training certificate or diploma to the entry-level driver. 49 CFR § 380.513 states the required information on the training certificate or diploma which must contain the following seven items of information: (a) Date of certificate issuance; (b) Name of training provider; (c) Mailing address of training provider; (d) Name of driver; (e) A statement that the driver has completed training in driver qualification requirements, hours of service of drivers, driver wellness, and whistleblower protection requirements substantially in accordance with the following sentence: I certify _____has completed training requirements set forth in the Federal Motor Carrier Safety Regulations for entry-level driver training in accordance with 49 CFR 380.503; (f) The printed name of the person attesting that the driver has received the required training; and (g) The signature of the person attesting that the driver has received the required training.

8. Compliance with 5 CFR 1320.8:

FMCSA published a notice in the Federal Register with a 60-day public comment period to announce this proposed information collection on October 14, 2016 (81 FR 71168) (Attachment F). The Agency received one comment to the 60-day Federal Register notice of October 14, 2016. The comment did not address the paperwork burden; it lamented the existence of the requirement that operators of LCV’s receive specialized training. As explained under Part A, the Motor Carrier Act of 1991 directed the Secretary of Transportation to establish LCV training requirements.

9. Payments or gifts to respondents:

Respondents are not provided with any payment or gift for this information collection.

10. Assurance of confidentiality:

The driver certification information will be protected to the extent allowed by the Privacy Act of 1974.

11. Justification for collection of sensitive information:

The information collected is not of a sensitive nature.

12. Estimate of burden hours for information requested:

U.S. Department of Labor data indicates that the heavy vehicle sector of the transportation industry is currently growing at a .536% percent rate (http://data.bls.gov/projections/occupationProj). In 2013, FMCSA estimated for this IC that the population of LCV drivers numbered 37,700. The Agency applies the .536% growth rate and estimates that there are currently 44,095 drivers engaged in the operation of LCVs in the U.S. FMCSA estimates that an average of 2,360 drivers will successfully complete LCV training each year of the 3-year period of this PRA request (44,095 x .0536).

The information-collection burdens associated with the LCV training requirements are incurred on two occasions: successful completion of LCV training and hiring of the LCV driver. Providers of LCV training are required to present a Driver-Training Certificate (DT Certificate) to each driver who successfully completes the training program [§380.401(a)]. When hired, LCV drivers must present their motor carrier with a copy of their DT Certificate and the carrier must place a copy of the DT Certificate in the driver’s DQ file [49 CFR 380.401(b)].

FMCSA estimates that an average of 10 minutes is required to prepare a DT Certificate. Therefore, the Agency estimates that preparation of the DT Certificate for the 2,360 drivers who successfully complete LCV training each year is 394 hours (2,360 × 10 minutes ÷ 60 minutes per hour).

Both newly-trained and experienced LCV drivers are involved in the hiring process. The population of new LCV drivers numbers 2,360; the population of experienced LCV drivers who undergo the hiring process annually numbers 28,662. The Agency generated the 28,662 estimate by applying a 65 percent rate of turnover to the universe of current LCV drivers (44,095 x .65, rounded). Thus, the hiring of an LCV driver occurs approximately 31,022 times annually (2,360 + 28,662). FMCSA estimates that 10 minutes are required for an LCV driver to submit his or her LCV training certificate to a new motor carrier and for the motor carrier to receive and file it. Therefore, the estimated information collection burden for the hiring of LCV drivers is 5,171 hours (31,022 hires × 10 minutes ÷ 60 minutes per hour).

The Agency estimates that there are approximately 60 LCV instructors nationwide. LCV instructors are classified as classroom instructors and skills instructors. An LCV classroom instructor is not required to be a successful graduate of the LCV Driver-Training course, so the LCV training requirements impose no burden on classroom instructors. Skills instructors must successfully complete LCV training, so upon assuming the role of a skills instructor, they presumably must provide their employer a copy of their LCV DT Certificate. However, the Agency believes that skills instructors are long-standing employees of their motor carriers, having begun their employment with the motor carrier as an LCV driver. Skills instructors gave their DT certificate to the employer when they were hired. Therefore, skills instructor incur no IC burden.

Total Annual Burden: FMCSA estimates the total annual burden of this information collection is 5,565 hours. This burden consists of 394 hours for preparation of LCV DT Certificates and 5,171 hours for tasks related to the hiring of LCV drivers.

Estimated Number of Respondents: 59,684 consisting of 2,360 newly-certified LCV drivers plus 28,662 currently-certified LCV drivers plus 28,662 motor carriers employing LCV drivers.

Estimated Number of Responses: 59,684 consisting of 2,360 newly-certified LCV drivers plus 28,662 currently-certified LCV drivers plus 28,662 motor carriers employing LCV drivers.

13. Estimate of total annual costs to respondents:

In order to become an LCV driver, an individual must successfully complete the LCV Driver-Training Program. In 2013, the Agency estimated that the typical 50-hour LCV training course cost a new driver $2,710.00. The Agency adjusts this figure for inflation since 2013 by employing a factor of 10 percent, making the current average cost of this training $2,981. The total annual cost to the 2,360 drivers receiving LCV-driver training each year is therefore approximately $7,035,160 ($2,981 x 2360).

14. Estimate of cost to the Federal government:

There is no cost to the Federal government associated with the information collection burden of the LCV training requirements of 49 CFR part 380.

15. Explanation of program changes or adjustments:

This IC request is adjusted to account for growth in the number of drivers receiving LCV training annually and in the population of drivers certified to operate LCVs, as derived from U.S. Department of Labor data cited in Section 12 above.

16. Publication of results of data collection:

The agency does not intend to publish the results of the information collection burden required by 49 CFR part 380.

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

The FMCSA does not seek approval for not displaying the expiration date of OMB approval for the information collection burden.

18. Exceptions to certification statement:

The agency is claiming no exception to any element of the certification statement identified in Item 19 of OMB Form 83I.

Part B. Collection of Information Employing Statistical Methods.

This ICR does not employ statistical methods.

ATTACHMENTS

Attachment A: Title 49 U.S.C. § 31307, “Minimum training requirements for operators of longer combination vehicles.”

Attachment B: Title 49 CFR § 1.87, “Delegation to the Administrator of the Federal Motor Carrier Safety Administration.”

Attachment C: A final rule entitled, “Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and Requirements for LCV Driver Instructors,” (69 FR 16722), March 30, 2004.

Attachment D: Title 23 CFR part 470.107, “Federal highway systems.”

Attachment E: Title 49 CFR part 380, “Special Training Requirements.”

Attachment F: 60-day Federal Register notice (81 FR 71168), October 14, 2016.

Attachment G: 30-day Federal Register notice (82 FR 15270), March 27, 2017.