Justification for Nonsubtantive Change

Justification for Non-Substantive Change for the

“Commercial Driver Licensing and Testing Standards” ICR,

OMB Control No. 2126-0011

This justification for a non-substantive change is to request the Office of Management and Budget’s (OMB) approval for non-substantive changes to the Federal Motor Carrier Safety Administration’s (FMCSA) “Commercial Driver Licensing and Testing Standards” information collection (IC), OMB control number 2126-0011. The change is for the addition of new language in the supporting statement. The language identifies a subsystem of the Commercial Driver’s License Information System (CDLIS) created as a result of the 2012 Moving Ahead for Progress in the 21^st Century (MAP-21) Act, Subtitle B – Commercial Motor Vehicle Safety and resulted in the establishment of Federal Convictions and Withdrawal Database (FCWD) in 2012. The FCWD is also referred to as the Foreign Convictions and Withdrawals Database. Starting in 2012, the FCWD began receiving convictions outlined in 49 CFR 383.51 for Mexico-domiciled commercial drivers. In 2014, the FCWD began receiving convictions for Canada-domiciled commercial drivers. FMCSA was unaware there was a requirement to submit the approval for the non-substantive change to the supporting statement for the Commercial Driver Licensing and Testing Standards” information collection (IC), OMB control number 2126-0011 as the FCWD is a subsystem under CDLIS which was already approved.

FMCSA recently discovered the FCWD was not described in the supporting statement for the “Commercial Driver Licensing and Testing Standards” IC, OMB control number 2126-0011 and has since updated that supporting statement. It was determined that the change to the supporting statement was a non-substantive change.

The impact of this change is that in addition to the 50 States and the District of Columbia licensing agencies (1) entering conviction data for U.S. drivers, (2) disqualifying U.S. drivers for convictions outlined in 49 CFR 383.51 and (3) reinstating their driving privileges after the disqualification period is over; now through the Secretary of Transportation and MAP-21, FMCSA was provided the authority to serves as the 52^nd State to enter convictions for foreign drivers sent manually as a paper conviction or electronically by the 50 States and the District of Columbia into the FCWD (a subsystem of CDLIS) and issue disqualification and reinstatement actions for a foreign driver’s operating privileges in the United States.

This change does not impact the current estimate of burden hours or the cost assigned to that burden, as the 50 States and the District of Columbia are currently required to (1) enter commercial driver conviction data outlined in 49 CFR 383.51 into CDLIS, (2) disqualify commercial drivers for those convictions and (3) reinstate the driving privileges after the disqualification period is over. The reason the burden hours or costs assigned to that burden will not change is due to the fact the 50 States and the District of Columbia are currently entering convictions received for all commercial drivers operating in the United States either electronically or sending the paper conviction to the State of license for a commercial driver. The addition of the FCWD to the supporting statement now reveals the requirement that the 50 States and the District of Columbia also send the convictions either electronically or manually to the FMCSA’s FCWD.  Now, the FMCSA is ensuring those same actions accounted for in the current estimate of burden hours or costs assigned to that burden also account for foreign commercial drivers through the FCWD (a subsystem of CDLIS).

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