Attachment K - 60-day FR 84 FR 31982

Attachment K (60-day notice July 2019).pdf

Training Certification for Entry-Level Commercial Motor Vehicle Operators

Attachment K - 60-day FR 84 FR 31982

OMB: 2126-0028

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31982

Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

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
would obviate the need for FMCSA to
seek renewal on the ICR.
DATES: We must receive your comments
on or before September 3, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2019–0157 using any
of the following methods:
SUMMARY:

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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• 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 or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
Participation heading below. Note that
all comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT:
Pearlie Robinson, Driver and Carrier
Operations Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–366–4225; email: pearlie.robinson@
dot.gov.

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SUPPLEMENTARY INFORMATION:

Background: The Commercial Motor
Vehicle Safety Act of 1986 (CMVSA) (49
U.S.C. 31301 et seq.) established the
commercial driver’s license (CDL)
program and directed the Federal
Highway Administration (FHWA),
FMCSA’s predecessor agency, to
establish minimum qualifications for
issuance of a CDL. These standards were
published by FHWA originally in 1985.
On May 21, 2004, FMCSA prohibited a
motor carrier from allowing an entrylevel driver to operate a commercial
motor vehicle until it received a written
certificate that the driver received
training in four specified subject areas
(driver qualifications, hours-of-service
of drivers, driver wellness, and
whistleblower protection) (69 FR
29384). That final rule established the
collection of information that is the
subject of this request. The most recent
renewal for this collection is set to
expire on April 30, 2020.
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. On
December 8, 2016, FMCSA published a
final rule revising entry-level driver
training requirements (81 FR 88732),
implementing 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 can therefore be listed
on a new Training Provider Registry
(TPR); and (2) after an individual drivertrainee 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

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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.
For the purpose of developing and
reporting the revised burden estimates
for this ICR, the ‘‘Training Provider
Registration’’ information collection
activities and the ‘‘Driver Training
Certification Information’’ information
collection activities (described above)
are each addressed below as a separate
information collection (IC), IC–1 and
IC–2, respectively. This is done because
although training providers are the
respondent in each case, the nature of
the information for each activity is
substantively different, with the
‘‘Training Provider Registration’’ IC
focused on information pertaining to
training providers, and the ‘‘Driver
Training Certification Information’’ IC
focused on information pertaining to
individual entry-level drivers.
Furthermore, a forthcoming proposed
rule titled ‘‘Partial Extension of
Compliance Date for Entry-Level Driver
Training’’ (RIN 2126–AC25) would
extend by two years, from February 7,
2020, to February 7, 2022, the
compliance date for the requirement for
training providers to submit training
certification information to the TPR for
each individual driver-trainee that
completes training. The three-year
period covered by this ICR is 2020
through 2022. Therefore, these two ICs
would now also occur during different
time frames of the three-year period
covered by this ICR. IC–1 ‘‘Training
Provider Registration’’ will occur during
all three years 2020 through 2022,
consistent with the February 7, 2020,
compliance date of the training provider
registration provision of the December
2016 ELDT final rule. IC–2 ‘‘Driver
Training Certification Information’’
would now occur only during 2022, the
final year covered by this ICR,
consistent with the forthcoming
proposed rule titled ‘‘Partial Extension
of Compliance Date for Entry-Level
Driver Training’’ (RIN 2126–AC25).
Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators.
OMB Control Number: 2126–0028.
Type of Request: Revision of a
currently-approved information
collection.

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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

IC–1 (Training Provider Registration)
Respondents: Training providers.
Estimated Number of Respondents
(average per year): 15,805.
Estimated Time per Response
(average): 1.24 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:
21,629 hours.
IC–2 (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 TPR, that training
provider must submit training
certification information regarding the
driver-trainee to the TPR.
Estimated Total Annual Burden:
12,946 hours.
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
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
on: June 24, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–14227 Filed 7–2–19; 8:45 am]
BILLING CODE 4910–EX–P


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