PRA-2126-0026 Supporting Statement 4-21-2020X

Department of Transportation

Federal Motor Carrier Safety Administration

SUPPORTING STATEMENT

Training Certification for Drivers of Longer Combination Vehicles

INTRODUCTION

The Federal Motor Carrier Safety Administration (FMCSA) submits to the Office of Management and Budget (OMB) its request to renew for 3 years the currently-approved information collection request (ICR) titled, “Training Certification for Drivers of Longer Combination Vehicles (LCVs),” covered by OMB Control Number 2126-0026. This ICR is due to expire on May 31, 2020. The currently approved information collection (IC) inadvertently used an incorrect growth rate that caused the number of drivers, burden hours, respondents, responses, and costs to respondents to be inflated. Separately, the currently approved version of this IC incorrectly accounted for the cost, to LCV drivers, to complete the LCV Driver-Training Program. For this updated version of the ICR, the Agency is removing the cost associated with training. Instead, the Agency has calculated the labor costs associated with the LCV driver training recordkeeping requirements. This IC renewal corrects and updates the affected areas.

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 1.87) (Attachment B). FMCSA, in a final rule titled, “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 IC 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 a 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 IC 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 Driver-Training Certificate (DT Certificate) 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 DT Certificate provides this assurance. Motor carriers must maintain a copy of the LCV DT Certificate in the driver qualification (DQ) file, required by 49 CFR § 380.401(b). During an investigative 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 IC requires the completion and signing of a DT Certificate. Motor carriers may maintain the required certificate 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 IC requires zero percent (0%) of the DT Certificate to be submitted electronically.

4. EFFORTS TO IDENTIFY DUPLICATION

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 DT Certificate is required to be completed only once for each LCV driver; the LCV training certification does not expire. FMCSA has limited the collection of information to the time when it is most relevant to evaluate a driver’s qualifications to operate a LCV. If this collection of information were conducted less frequently, FMCSA and State enforcement officials would be unable to determine if a driver is qualified to safely operate a LCV in accordance with part 380 during an investigative review or a roadside inspection. The DT Certificate provides proof that the driver completed requisite training and ensures that the driver is qualified to safely operate an LCV on the Nation’s highways. In the interest of highway safety, less frequent collection of information is not an option.

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 that the training certificate or diploma 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 December 18, 2019 (84 FR 69449) (Attachment F). The Agency did not receive any comments to the docket for that notice.

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

The regulatory evaluation (Attachment C) of the 2004 final rule, Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements, estimated that there were 35,000 LCV drivers. This number was determined by assuming that 2 percent of the BLS estimate of 1.75 million heavy truck drivers were LCV drivers. Bureau of Labor Statistics (BLS) Employment Projections indicate that the employment of heavy and tractor-trailer truck drivers (SOC Code 53-3032) was 1,871,700 drivers in 2016 and growing, at a 0.565 percent rate per year.¹ Assuming that 2 percent of these drivers are LCV drivers, FMCSA estimates for this IC that the population of LCV drivers was 37,434 in 2016. The Agency applied the 0.565 percent growth rate for subsequent years and estimates that there will be an average of 38,503 drivers annually engaged in the operation of LCVs in the United States during the 3-year renewal period for this ICR (see Table 1). FMCSA thus estimates that an average of 218 drivers will successfully complete LCV training each year of the 3-year period of this IC renewal (38,503 x 0.565%).

Table 1. Estimated population of LCV drivers in the United States.

2020	2021	2022	3-year average
38,287	38,503	38,720	38,503

The information-collection burdens associated with the LCV training requirements are incurred on four occasions: The LCV training certification is prepared with successful completion of LCV training; Providers of LCV training are required to present a 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 218 drivers who successfully complete LCV training each year is 36 hours (218 × 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 is 218; the population of experienced LCV drivers who undergo the hiring process annually is 25,027. The Agency generated the 25,027 estimate by applying a 65 percent rate of turnover to the universe of current LCV drivers (38,503 x .65, rounded). Thus, the hiring of an LCV driver occurs approximately 25,245 times annually (218 + 25,027). FMCSA estimates that 5 minutes are required for an LCV driver to submit his or her LCV training certificate to a new motor carrier and 5 minutes for the motor carrier to receive and file it, for a total of 10 minutes (5 minutes + 5 minutes = 10 minutes). Therefore, the estimated information collection burden for the hiring of newly-certified LCV drivers seeking employment is 18 hours (218 hires × 5 minutes ÷ 60 minutes per hour). The estimated information collection burden for the hiring of currently-certified LCV drivers seeking employment is 2,086 hours (25,027 hires x 5 minutes ÷ 60 minutes per hour). The estimated information collection burden for the 25,245 motor carriers receiving and filing DT Certificates from the hiring of 218 newly-certified LCV drivers seeking employment and the hiring of 25,027 currently-certified LCV drivers seeking employment is 2,104 hours (25,245 hires x 5 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 would have given their DT Certificate to the employer when they were hired. Therefore, skills instructors incur no IC burden.

Total Annual Burden: FMCSA estimates the total annual burden of this information collection is 4,244 hours. This burden consists of 36 hours for preparation of LCV DT Certificates and 4,208 hours for tasks related to the hiring of LCV drivers.

Estimated Number of Respondents: 50,708, consisting of 218 LCV training providers, plus 218 newly-certified LCV drivers seeking employment, plus 25,027 currently-certified LCV drivers seeking employment plus 25,245 motor carriers employing LCV drivers.

Estimated Number of Responses: 50,708, consisting of 218 LCV training providers, plus 218 newly-certified LCV drivers seeking employment, plus 25,027 currently-certified LCV drivers seeking employment plus 25,245 motor carriers employing LCV drivers.

Labor Costs

FMCSA assumes that three types of employees will complete the paperwork and recordkeeping burden associated with the training certification issuance and recordkeeping requirements. The preparation of LCV training certification documents will be done by LCV training staff. LCV drivers will provide motor carriers with copies of their completed DT Certificates. The retention of drivers’ DT Certificates at a motor carrier’s principal place of business will be handled by motor carrier clerical staff.

Table 3 presents the wage estimates used in this analysis. Loaded hourly wages are estimated by multiplying the median hourly wage by the load factor. Additional details related to the calculation of load factors and the wages used in this analysis are presented in the supplementary notes and data sources for Table 3.

Table 2. Median and loaded hourly wages (USD) for LCV training certification information collection activities.

Position	Load Factor*	Median Hourly Wage	Loaded Hourly Wage
LCV Training Staff	1.57	$25.41	$39.89
LCV Driver	1.57	$21.64	$33.97
Motor Carrier Clerk	1.57	$19.02	$29.86

^* The load factor for both LCV training staff, LCV drivers, and motor carrier clerks is estimated by dividing the total cost of compensation for private industry workers of the transportation and warehousing series ($40.49) by the average cost of hourly wages and salaries ($25.80), as reported by the BLS ($40.49/$25.80 = 1.57).

Data Sources

Median Hourly U.S. Wages: U.S. Department of Labor, Bureau of Labor Statistics. (2018). “May 2018 National Industry-Specific Occupational Employment and Wage Estimates.” (See 13-1151 – Training and Development Specialists; 53-3032 – Heavy and Tractor-Trailer Truck Drivers; and 43-4199 – Information and Record Clerks, All Other.) Retrieved October 3, 2019, from: https://www.bls.gov/oes/current/naics3_484000.htm.

Load Factors: U.S. Department of Labor, Bureau of Labor Statistics. (2018). “Table 10. Employer costs per hour worked for employee compensation and costs as a percentage of total compensation: private industry workers, by industry group, June 2018,” in News Release: Employer Costs for Employee Compensation—June 2018. Retrieved October 3, 2019, from: https://www.bls.gov/news.release/archives/ecec_09182018.pdf.

Table 3 provides details on the labor costs to respondents. The estimated annual labor cost for paperwork activities associated with the LCV training certification requirements is $135,734 (rounded) per year.

Table 3. Total labor costs of information collection activities.

Information Collection Activity	Responses	Minutes per Response	Burden Hours	Cost per Hour	Total Costs
Training providers prepare and issue LCV training certification documents	218	10	36	$39.89	$1,436
Newly-certified drivers provide LCV training certification documents to motor carriers	218	5	18	$33.97	$611
Currently-certified drivers provide LCV training certification documents to motor carriers	25,027	5	2,086	33.97	$70,861
Motor carriers retain drivers’ LCV training certifications	25,245	5	2,104	$29.86	$62,825
TOTAL	50,708	—	4,244	—	$135,734

13. ESTIMATE OF TOTAL ANNUAL COSTS TO RESPONDENTS

FMCSA estimates no other costs to respondents beyond the costs associated with the paperwork 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.

14. ESTIMATE OF COST TO THE FEDERAL GOVERNMENT

The information collection imposes no cost to the Federal Government.

15. EXPLANATION OF PROGRAM CHANGES OR ADJUSTMENTS

This ICR is adjusted to correct an overestimated growth rate for new drivers requiring LCV DT Certificates, overestimated burden costs, and incorrect inclusion of training costs as a paperwork requirement.

The Agency discovered that it misstated the growth rate obtained from the BLS website for the number of new drivers requiring LCV DT Certificates. The results of that mistake over-estimated the number of new drivers, annual burden hours, hours for preparing training certificates, number of drivers who undergo the hiring process, number of respondents, number of responses, and costs to respondents. This ICR corrects and updates the affected areas, resulting in several reductions (see Table 4).

Separately, the currently approved version of this IC incorrectly accounted for the cost, $7,035,160, to complete the LCV Driver-Training Program. Training is not considered to be an information collection burden. For this updated version of the ICR, the Agency is removing the cost associated with training, resulting in a cost of $0 under item 13, above. Instead, under item 12, FMCSA has calculated the labor costs associated with the LCV driver training recordkeeping requirements. The annual cost burden is estimated to be $135,734.

Table 4. Comparison of current approved IC and proposed updated IC.

Estimate	Current Approved IC	Proposed Updated IC	Difference
Number of Drivers Engaged in the Operation of LCVs in the U.S.	44,095	38,503	(5,592)
Total Annual Burden	5,565	4,244	(1,321)
Number of New Drivers	2,360	218	(2,142)
Number of Hours for Preparing Training Certificates	394	36	(358)
Number of Drivers Who Undergo Hiring Process	31,022	25,245	(5,777)
Number of Respondents	59,684	50,708	(8,976)
Number of Responses	59,684	50,708	(8,976)
Labor Costs to Respondents	$0	$135,734	$135,734
Annual Costs to Respondents	$7,035,160	$0	($7,035,160)

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 THE EXPIRATION DATE OF OMB APPROVAL

No such approval is being requested.

18. EXCEPTIONS TO CERTIFICATION STATEMENT

None.

ATTACHMENTS

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

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

3. 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.

4. Title 23 CFR part 470.107, “Federal highway systems.”

5. Title 49 CFR part 380, “Special Training Requirements.”

6. 60-day Federal Register notice (84 FR 69449), December 18, 2019.

7. 30-day Federal Register notice (85 FR 22244), April 21, 2020.

1 https://data.bls.gov/projections/occupationProj, accessed 8/9/2019.