Attachment N - 30-day FR 85 FR 19570

19570

Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0242]

Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Hazardous Materials Safety
Permits
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. The FMCSA
requests approval to revise and extend
an existing ICR titled, ‘‘Hazardous
Materials Safety Permits.’’ This ICR
requires companies holding safety
permits to develop communications
plans that allow for the periodic
tracking of the shipments. A record of
the communications that includes the
time of the call and location of the
shipment may be kept by either the
driver (e.g., recorded in the log book) or
the company. These records must be
kept, either physically or electronically,
for at least six months at the company’s
principal place of business or readily
available to the employees at the
company’s principal place of business.
In response to the 60-day Federal
Register Notice published on November
7, 2019, FMCSA received one comment
that did not relate to this ICR.
DATES: Please send your comments by
May 7, 2020. OMB must receive your
comments by this date in order to act on
the ICR.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Suzanne Rach, Office of Enforcement
and Compliance, Hazardous Materials
Division, Department of Transportation,
FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC
20590. Telephone: 202–385–2307; email
[email protected].
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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Title: Hazardous Materials Safety
Permits.
OMB Control Number: 2126–0030.
Type of Request: Revision and
Extension of a currently-approved
information collection.
Respondents: Motor carriers subject to
the HM Safety Permit requirements in
49 CFR part 385, subpart E.
Estimated Number of Respondents:
987.
Estimated Time per Response: 5
minutes. The communication between
motor carriers and their drivers must
take place at least two times per day. It
is estimated that it will take 5 minutes
to maintain a daily communication
record for each driver.
Expiration Date: August 31, 2020.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
692,000 hours [8.3 million trips × 5
minutes per record ÷ 60 minutes per
hour = 691,667 rounded to 692,000].
Background: The Secretary of
Transportation is responsible for
implementing regulations to issue safety
permits for transporting certain
hazardous materials (HM) in accordance
with 49 U.S.C. 5101 et seq. The HM
Safety Permit regulations (49 CFR part
385, subpart E) require carriers to
develop and maintain route plans so
that law enforcement officials can verify
the correct location of the HM shipment.
The FMCSA requires companies
holding safety permits to develop a
communications plan that allows for the
periodic tracking of the shipment. This
ICR covers the record of
communications that includes the time
of the call and location of the shipment.
The records may be kept by either the
driver (e.g., recorded in the log book) or
the company. These records must be
kept, either physically or electronically,
for at least six months at the company’s
principal place of business or be readily
available to employees at the company’s
principal place of business. The
currently-approved information
collection is based on an estimated
1,304 respondents. The total number of
companies now holding a safety permit
is 987 therefore in this ICR the
estimated number of respondents is
being revised to reflect this number.
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 performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without

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reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87.
Kenneth H. Riddle,
Acting Associate Administrator, Office of
Registration and Research.
[FR Doc. 2020–07222 Filed 4–6–20; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0157]

Agency Information Collection
Activities; Revision of an Approved
Information 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. FMCSA requests approval to
revise an ICR titled ‘‘Training
Certification for Entry-Level
Commercial Motor Vehicle Operators,’’
which will now be used to register
providers of entry-level driver training
and to provide State Drivers’ Licensing
Agencies with information on
individuals who have completed said
training. If approved, this revision will
allow FMCSA to collect information on
registered training providers and entrylevel driver training certification
information until 2022.
DATES: We must receive your comments
on or before May 7, 2020. OMB must
receive your comments by this date in
order to act on the ICR.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Joshua Jones, Commercial Driver’s
License Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
SUMMARY:

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Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices
Estimated Total Burden Under this
ICR: 67,276 hours.

Washington, DC 20590. Telephone:
202–366–7332; email: Joshua.jones@
dot.gov.

Background

SUPPLEMENTARY INFORMATION:

Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators.
OMB Control Number: 2126–0028.
Type of Request: Revision of a
currently-approved information
collection.
IC–1 (Training Certification for EntryLevel Drivers Under Subpart E)
Respondents: Entry-level Commercial
Motor Vehicle (CMV) operators.
Estimated Number of Respondents
(average per year): 235,824.
Estimated Time per Response
(average): 10 minutes.
Expiration Date: April 30, 2020.
Frequency of Response: On occasion.
Entry-level interstate CDL holders
receive a certificate when they
successfully complete mandatory
training, and must present a copy of it
to their employer in order to be
qualified to drive a commercial motor
vehicle (CMV) in interstate commerce.
The employer keeps a copy of the
training certificate in the driver
qualification file.
Estimated Total Annual Burden for
IC–1: 39,304 hours.

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IC–2 (Training Provider Registration)
Respondents: Training providers.
Estimated Number of Respondents
(average per year): 6,837.
Estimated Time per Response
(average): 1.84 hours.
Expiration Date: April 30, 2020.
Frequency of Response: All training
providers will need to initially register
once. Additionally, all registered
training providers must update their
information at least biennially. They are
also required to provide an update if
any key information (company name,
address, phone number, types of
training offered, etc.) changes prior to
their biennial update.
Estimated Total Annual Burden for
IC–2: 15,026 hours.
IC–3 (Driver Training Certification)
Respondents: Training providers.
Estimated Number of Respondents
(average per year): 6,837.
Estimated Time per Response: 5
minutes.
Expiration Date: April 30, 2020.
Frequency of Response: After an
individual driver-trainee completes
training administered by a training
provider listed on the Training Provider
Registry (TPR), that training provider
must submit training certification
information regarding the driver-trainee
to the TPR.
Estimated Total Annual Burden for
IC–3: 12,946 hours.

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Section 4007(a)(2) of the Intermodal
Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102–240,
December 18, 1991) directed the Federal
Highway Administration (predecessor
Agency to FMCSA) to ‘‘. . . commence
a rulemaking proceeding on the need to
require training of all entry level drivers
of commercial motor vehicles.’’ FMCSA
subsequently published the final rule
titled ‘‘Minimum Training
Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
(69 FR 29384) on May 21, 2004, with an
effective date of July 20, 2004,
implementing Section 4007(a)(2) of
ISTEA. The rule mandated training for
interstate CMV drivers on four topics:
Driver qualifications, hours-of-service of
drivers, driver wellness, and whistleblower protection. Under Subpart E of
the existing Entry Level Driver Training
(ELDT) requirements of 49 CFR part
380, employers are prohibited from
allowing an entry-level driver to operate
a CMV without ensuring that the driver
has received this ELDT as specified
under 49 CFR 380.503. These entrylevel interstate CDL drivers receive a
certificate when they successfully
complete the mandatory training, and
must present a copy of it to their
employer 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
an investigation, the certificate serves as
proof that the CDL driver completed the
required training. The currently
approved collection of information with
OMB Control Number 2126–0028 titled
‘‘Training Certification for Entry-Level
Commercial Motor Vehicle Operators’’
which was most recently approved on
April 19, 2017, and which has an
expiration date of April 30, 2020,
reflects these existing ELDT
requirements under Subpart E of 49 CFR
part 380.
On July 6, 2012, President Obama
signed legislation titled the ‘‘Moving
Ahead for Progress in the 21st Century
Act’’ (MAP–21) (Pub. L. 112–141, 126
Stat. 405, 791). Section 32304 of MAP–
21 directed FMCSA to develop and
establish minimum driver training
standards for applicants for a CDL and/
or certain CDL endorsements. FMCSA
subsequently published the final rule
titled ‘‘Minimum Training
Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
(81 FR 88732) (ELDT final rule) on
December 8, 2016, with a compliance
date of February 7, 2020, implementing

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section 32304 of MAP–21. That final
rule eliminated the existing driver
training regulations under subpart E of
part 380, established new minimum
training standards for entry-level
drivers, and in doing so established two
separate information collection actions:
(1) Training providers must submit
information to FMCSA to ensure that
they meet the new training provider
eligibility requirements and may
therefore be listed on a new TPR; and
(2) after an individual driver-trainee
completes training administered by a
training provider listed on the TPR, that
training provider must submit training
certification information regarding the
driver-trainee to the TPR. However,
because the compliance dates for that
final rule were set as three years after its
publication, FMCSA did not, at that
time, revise the collection of
information to reflect these two new
provisions, opting to provide an update
at the time of the next renewal for the
collection. Subsequently, on March 6,
2019, FMSCA published a separate final
rule titled ‘‘Commercial Driver’s License
Upgrade from Class B to Class A’’ (84 FR
8029), that amended the ELDT
regulations that were published on
December 8, 2016, by adopting a new
Class A CDL theory instruction upgrade
curriculum to reduce the training time
and costs incurred by Class B CDL
holders upgrading to a Class A CDL.
This March 6, 2019, final rule does not
substantively affect the paperwork
collection burden associated with the
ELDT regulations, therefore no action
was taken to update the collection of
information at that time.
On February 4, 2020, the Agency
published an interim final rule titled
‘‘Extension of Compliance Date for
Entry-Level Driver Training’’ (85 FR
6088) that further amends the ELDT
regulations that were published on
December 8, 2016, by extending the
compliance date for the rule from
February 7, 2020, to February 7, 2022.
This compliance date extension will
provide FMCSA additional time to
complete development of the TPR, and
provides State Driver Licensing
Agencies with time to modify their
information technology systems and
procedures, as necessary, to
accommodate their receipt of driverspecific ELDT data from the TPR. In a
July 18, 2019, proposed rule titled
‘‘Partial Extension of Compliance Date
for Entry-Level Driver Training’’ (84 FR
34324), FMCSA had proposed extending
the compliance date from February 7,
2020, to February 7, 2022, only for the

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Federal Register / Vol. 85, No. 67 / Tuesday, April 7, 2020 / Notices

requirement for training providers to
submit training certification information
to the TPR for each individual drivertrainee that completes training. The
compliance date for the ‘‘Training
Provider Registration’’ information
collection activities was proposed to
have remained February 7, 2020. Under
the February 4, 2020, interim final rule,
FMCSA is now delaying the entire
ELDT final rule, as opposed to a partial
delay as originally proposed, due to
delays in implementation of the TPR
that were not foreseen when the
proposed rule was published.
Under this revision, the existing
entry-level driver training requirements
and information collection activities
under 49 CFR 380 Subpart E that will
continue to be in force for the first two
years, 2020 and 2021, of the three-year
period covered by this ICR are treated as
a separate information collection (IC),
IC–1. The ‘‘Training Provider
Registration’’ information collection
activities, and the ‘‘Driver Training
Certification Information’’ information
collection activities, that go into effect
as of February 7, 2022, under the new
ELDT requirements are also treated as
separate information collections, IC–2
and IC–3, respectively.
On July 3, 2019, FMCSA published a
notice in the Federal Register allowing
for a 60-day comment period on this
ICR. The Agency received one comment
to that notice. The Commercial Vehicle
Training Association (CVTA) stated
their support for OMB to approve the
new collections under what are now IC–
2 (Training Provider Registration) and
IC–3 (Driver Training Certification
Information). CVTA also sought
clarification as to why there were
separate ICs presented in the 60-day
notice for the ‘‘Training Provider
Registration’’ function and the ‘‘Driver
Training Certification Information’’
function. The Agency clarifies that it
presented those two activities as
separate ICs in order to improve the
clarity and transparency of the analysis.
Guidance from the Office of Information
and Regulatory Affairs (OIRA) at OMB
regarding the preparation of ICRs and
Supporting Statements recommends
that each form or collection instrument
have a separate IC within a given ICR,
in order to provide a more meaningful
and easily understood estimate of the
burden associated with each form or
collection. OIRA also recommends that
agencies present separate ICs within an
ICR if the Agency believes that doing so
would be informative.
Public Comments Invited
FMCSA requests that you comment
on any aspect of this information

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collection, including: (1) Whether the
proposed collection is necessary for the
performance of FMCSA’s functions; (2)
the accuracy of the estimated burden;
(3) ways for 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 under the authority of 49 CFR
1.87.
Kenneth Riddle,
Acting Associate Administrator for
Registration and Research.
[FR Doc. 2020–07221 Filed 4–6–20; 8:45 am]
BILLING CODE 4910–EX–P

• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0024]

Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:

FMCSA announces receipt of
applications from 11 individuals for an
exemption from the hearing requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions would enable these hard of
hearing and deaf individuals to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before May 7, 2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2020–0024 using any of the
following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov/
docket?D=FMCSA-2020-0024. Follow
the online instructions for submitting
comments.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
SUMMARY:

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A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2020–0024),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
http://www.regulations.gov/
docket?D=FMCSA-2020-0024. Click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
http://www.regulations.gov/
docket?D=FMCSA-2020-0024 and

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