Attachment O - 30-day FR

30-day FR for 2126-0011 published on 12.06.21.pdf

Commercial Driver Licensing and Test Standards

Attachment O - 30-day FR

OMB: 2126-0011

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69116

Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0081]

Agency Information Collection
Activities; Approval of an Information
Collection Request: Commercial Driver
Licensing and Test Standards
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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
review and approval. The FMCSA
requests approval to revise and renew
an ICR titled, ‘‘Commercial Driver
Licensing and Test Standards,’’ due to
an increase in the number of
commercial driver’s license records.
This ICR is needed to ensure that
drivers, motor carriers and the States are
complying with notification and
recordkeeping requirements for
information related to testing, licensing,
violations, convictions, and
disqualifications and that the
information is accurate, complete,
transmitted, and recorded within certain
time periods as required by the
Commercial Motor Vehicle Safety Act of
1986 (CMVSA), as amended.
DATES: Comments on this notice must be
received on or before January 5, 2022.
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 information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
SUMMARY:

Ms.
Isabella Marra, Transportation
Specialist, Office of Safety Programs,
Commercial Driver’s License Division
(MC–ESL), DOT, FMCSA, 6th Floor,
West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590–0001; 202–
366–9579; [email protected].
SUPPLEMENTARY INFORMATION:
Title: Commercial Driver Licensing
and Test Standards.
OMB Control Number: 2126–0011.
Type of Request: Revision of the
currently approved information
collection.

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FOR FURTHER INFORMATION CONTACT:

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Respondents: Drivers with a
commercial learner’s permit (CLP) or
commercial driver’s license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents:
7,696,360 driver respondents and
22,886 State respondents.
Estimated Time per Response: Varies,
ranges from 5 seconds to 40 hours.
Expiration Date: December 31, 2021.
Frequency of Response: Varies.
Estimated Total Annual Burden:
2,700,901 hours, which is the total of
four tasks for CDL drivers (2,062,676
hours), added to a total of eight tasks for
State driver licensing agency CDL
activities (638,225 hours).
Information collection tasks and
associated burden hours are as follows:
IC–1.1 Driver Notification of
Convictions/Disqualifications to
Employer: 503,771 hours.
IC–1.2 Driver Providing Previous
Employment History to New Employer:
316,742 hours.
IC–1.3 Driver Completion of the CDL
Application Form: 43,527 hours.
IC–1.4 Driver Completion of
Knowledge and Skills Tests: 1,198,636
hours.
IC–2.1 State Recording of Medical
Examiner’s Certificate Information:
90,202 hours.
IC–2.2 State Recording of the Self
Certification of Commercial Motor
Vehicle (CMV) Operation: 2,987 hours.
IC–2.3 State Verification of Medical
Certification Status: 5,330 hours.
IC–2.4 Annual State Certification of
Compliance: 1,632 hours.
IC–2.5 State Preparing for and
Participating in Annual Program
Review: 10,200 hours.
IC–2.6 CDLIS/PDPS/State
Recordkeeping: 289,254 hours.
IC–2.7 Knowledge and Skills Test
Recordkeeping: 49,721 hours.
IC–2.8 Knowledge and Skills Test
Examiner Certification: 188,899 hours.
Background: The licensed drivers in
the United States deserve reasonable
assurances that their fellow motorists
are properly qualified to drive the
vehicles they operate. Before the
Commercial Motor Vehicle Safety Act of
1986 (CMVSA or the Act) (Pub. L. 99–
570, Title XII, 100 Stat. 3207–170,
codified at 49 U.S.C. chapter 313) was
signed by the President on October 27,
1986, 18 States and the District of
Columbia authorized any person
licensed to drive an automobile to also
legally drive a large truck or bus. No
special training or special license was
required to drive these vehicles, even
though it was widely recognized that
operation of certain types of vehicles
called for special skills, knowledge, and
training. Even in the 32 States that had

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a classified driver licensing system in
place, only 12 of these States required
an applicant to take a skills test in a
representative vehicle. Equally serious
was the problem of drivers possessing
multiple driver licenses. By spreading
their convictions among several States,
commercial motor vehicle (CMV)
drivers could avoid punishment for
their infringements and stay behind the
wheel.
The CMVSA addressed these
problems by requiring the Federal
government to act and place minimum
standards on all jurisdictions, including
the District of Columbia. Section 12002
of the Act made it illegal for a CMV
operator to have more than one driver’s
license. Section 12003 required the
CMV driver conducting operations in
commerce to notify both the designated
State of licensure official and the
driver’s employer of any convictions of
State or local laws relating to traffic
control (except parking tickets). This
section also required the promulgation
of regulations to ensure each person
who applies for employment as a CMV
operator to notify prospective employers
of all previous employment as a CMV
operator for at least the previous 10
years. In section 12005 of the Act, the
Secretary of Transportation (Secretary)
is required to develop minimum Federal
standards for testing and licensing of
operators of CMVs. Section 12007 of the
Act also directed the Secretary, in
cooperation with the States, to develop
a clearinghouse to aid the States in
implementing the one driver, one
license, and one driving record
requirement. This clearinghouse is
known as the Commercial Driver’s
License Information System (CDLIS).
The CMVSA further required each
person who has their CDL suspended,
revoked or canceled by a State, or who
is disqualified from operating a CMV for
any period, to notify his or her employer
of such actions. Drivers of CMVs must
notify their employers within 1 business
day of being notified of the license
suspension, revocation, and
cancellation, or of the lost right to
operate or disqualification. These
requirements are reflected in 49 CFR
part 383, titled ‘‘Commercial Driver’s
License Standards; Requirements and
Penalties.’’ Specifically, section 383.21
prohibits a person from having more
than one license; section 383.31 requires
notification of convictions for driver
violations; section 383.33 requires
notification of driver’s license
suspensions; section 383.35 requires
notification of previous employment;
and section 383.37 outlines employer
responsibilities. Section 383.111

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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices
requires the passing of a knowledge test
by the driver and section 383.113
requires the passing of a skills test by
the driver. Section 383.115 contains the
requirement for the double/triple trailer
endorsement; section 383.117 contains
the requirement for the passenger
endorsement; section 383.119 contains
the requirement for the tank vehicle
endorsement; and section 383.121
contains the requirement for the
hazardous materials endorsement. The
10-year employment history information
supplied by the CDL holder to the
employer upon application for
employment (49 CFR 383.35) is used to
assist the employer in meeting his/her
responsibilities to ensure that the
applicant does not have a history of
high safety risk behavior. State officials
use the information collected on the
license application form (49 CFR
383.71), the medical certificate
information that is posted to the driving
record, and the conviction and
disqualification data posted to the
driving record (49 CFR 383.73) to
prevent unqualified and/or disqualified
CDL holders from operating CMVs on
the nation’s highways. State officials are
required to adopt and administer an
FMCSA approved program for testing
and ensuring the fitness of persons to
operate CMVs (49 CFR 384.201). State
officials are also required to administer
knowledge and skills tests to CDL driver
applicants (49 CFR 384.202). The driver
applicant is required to correctly answer
at least 80 percent of the questions on
each knowledge test to achieve a
passing score on that test. To achieve a
passing score on the skills test, the
driver applicant must demonstrate that
he/she can successfully perform all the
skills listed in the regulations. During
State CDL program reviews, FMCSA
officials review this information to
ensure that the provisions of the
regulations are being carried out.
Without the aforementioned
requirements, there would be no
uniform control over driver licensing
practices to prevent unqualified and/or
disqualified drivers from being issued a
CDL and to prevent unsafe drivers from
spreading their convictions among
several licenses in several States and
remaining behind the wheel of a CMV.
Failure to collect this information
would render the regulations
unenforceable.
The 60-day Federal Register notice
(86 FR 49595) was published on
September 3, 2021 and announced
FMCSA’s intent to submit the
Commercial Driver Licensing and Test
Standards clearance process to OMB for
approval and requested comments from

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the public for 60 days. The FMCSA
received one comment recommending
FMCSA: (1) Add a minimum number of
behind-the-wheel training hours to the
entry level driver training regulations,
(2) implement the Moving Ahead for
Progress in the 21st Century (Pub. L.
112–141, MAP–21) mandate for a
written proficiency exam for new motor
carriers, and (3) include additional data
collection elements based on those
additions. The comment was filed
jointly by the Truck Safety Coalition
(TSC), Citizens for Reliable and Safe
Highways (CRASH), Parents Against
Tired Truckers (PATT), and their
volunteers. This comment proposes
changes to regulatory requirements, and
not to the revision of the collection of
information.
FMCSA contacted the commenters
and notified them that their request is
denied for two reasons. First, FMCSA
noted that it will not be adding a
minimum number of behind-the-wheel
training hours to the entry level driver
training regulations because there is no
evidence that a certain amount of
behind-the-wheel training has an impact
on the safety performance of new
drivers. FMCSA explained this in the
Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators (81 FR 88732) Federal
Register notice. Second, the MAP–21
mandate referenced does not pertain to
CDLs and is not applicable to this
information collection request.
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.
Issued under the authority of 49 CFR
1.87.
Thomas P. Keane,
Associate Administrator Office of Research
and Registration.
[FR Doc. 2021–26410 Filed 12–3–21; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Regulation Project
Internal Revenue Service (IRS),
Treasury.

AGENCY:

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Notice and request for
comments.

ACTION:

The Internal Revenue Service
(IRS), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on information
collections, as required by the
Paperwork Reduction Act of 1995. The
IRS is soliciting comments concerning
TD 9467—Measurement of Assets and
Liabilities for Pension Funding
Purposes, Pension Funding Stabilization
under the Highway and Transportation
Funding Act of 2014 (HAFTA), Notice
2020–61—Special Rules for SingleEmployer Defined Benefit Pension Plans
under the Cares Act, Notice 2020–60—
Election of Alternative Minimum
Funding Standards for Community
Newspaper Plans Benefit Pension Plans
under the Cares Act, and Notice 2021–
48, Guidance on Single-Employer
Defined Benefit Pension Plan Funding
Changes under the American Rescue
Plan Act of 2021.
DATES: Written comments should be
received on or before February 4, 2022
to be assured of consideration.
ADDRESSES: Direct all written comments
to Andres Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of this regulation/notices should
be directed to Martha R. Brinson, at
(202) 317–5753, or at Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
through the internet at
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Measurement of Assets and
Liabilities for Pension Funding
Purposes.
OMB Number: 1545–2095.
Regulation Project Number: TD 9467.
Abstract: In order to implement the
statutory provisions under sections 430
and 436, this final regulation contains
collections of information in
§§ 1.430(f)–1(f), 1.430(h)(2)–1(e), 1.436–
1(f), and 1.436–1(h). The information
required under § 1.430(f)–1(f) is
required in order for plan sponsors to
make elections regarding a plan’s credit
balances upon occasion. The
information under § 1.430(g)–1(d)(3) is
required in order for a plan sponsor to
include as a plan asset a contribution
made to avoid a restriction under
section 436. The information required
under § 1.430(h)(2)–1(e) is required in
order for a plan sponsor to make an
election to use an alternative interest
SUMMARY:

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