PRA-2126-0028.30-Day Supporting Statement 06.12.23

Department of Transportation

Federal Motor Carrier Safety Administration

SUPPORTING STATEMENT

Training Certification for Entry-Level Commercial Motor Vehicle Operators

SUMMARY

This supporting statement estimates the burden hours and costs associated with “Training Certification for Entry-Level Commercial Motor Vehicle Operators.”

• The annual number of responses for this information collection has increased by 112,722 from the previously approved 399,340 due to the availability of training provider registration data.

• The annual burden hours for this information collection have increased by 13,023 hours from the previously approved 67,276 hours due to the availability of actual data.

INTRODUCTION

This is to request Office of Management and Budget (OMB) approval of a renewal of the existing currently approved collection of information with OMB Control Number 2126-0028 titled “Training Certification for Entry-Level Commercial Motor Vehicle Operators.”

Federal Motor Carrier Safety Administration (FMCSA) entry-level driver training (ELDT) regulations in 49 CFR part 380, Special Training Requirements (Attachment A), are intended to enhance the safety of commercial motor vehicle (CMV) operations on our Nation’s highways by establishing minimum training standards for entry-level drivers. These ELDT regulations result in certain activities that constitute a collection of information under the Paperwork Reduction Act (PRA), and for which the Agency has in place a 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 June 26, 2020, and which has an expiration date of June 30, 2023.

Part A. Justification

1. CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY

FMCSA is required to develop and establish minimum driver training standards for applicants for a commercial driver’s license (CDL) and/or certain CDL endorsements by the “Moving Ahead for Progress in the 21st Century Act” (MAP-21) (Pub. L. 112–141, 126 Stat. 405, 791), codified at 49 U.S.C. 31305(c) (Attachment B). These standards are set forth in 49 CR part 380, subparts F and G, and in five Appendices to part 380. The standards include two separate information collection actions: (1) Training providers must electronically submit information to FMCSA’s Training Provider Registry (TPR) to ensure that they meet the training provider eligibility requirements and may therefore be listed on the TPR; and (2) after an individual driver-trainee completes training administered by a training provider listed on the TPR, that training provider must electronically submit training certification information regarding the driver-trainee to the TPR.

These FMCSA minimum training requirements for ELDT are intended to enhance the safety of CMV operations on our Nation’s highways. Therefore, this ICR supports the DOT Strategic Goal of Safety.

The Agency hereby requests OMB approval of this renewal of the existing currently approved collection of information with OMB Control Number 2126-0028 titled “Training Certification for Entry-Level Commercial Motor Vehicle Operators,” for a full three-year period.

2. HOW, BY WHOM, AND FOR WHAT PURPOSE IS THE INFORMATION USED

The first portion of this ICR (IC-1), “Training Provider Registration,” collects information from each training provider for each of their training locations by means of the online TPR. The use of an electronic, online, web-based information system for this collection of information is expected to reduce burden on respondents. Although the TPR is an online web-based system, the information and specific data fields required to be submitted by training providers in order to be listed on the TPR are presented with this Supporting Statement in the attached “Training Provider Registration” information collection document (Attachment C). This information is collected when a training provider is first registering in the TPR, on a biennial basis thereafter, or otherwise when key information changes (training provider name, address, phone number, type(s) of training offered, training provider status, and, if applicable, any change in State licensure, certification, or accreditation status). The “Training Provider Registration” information is used by FMCSA to ensure that training providers meet the training provider eligibility requirements found in 49 CFR part 380, subpart G, and can therefore be listed on the TPR. Furthermore, from the “Training Provider Registration” information submitted by training providers, certain basic identifying information (e.g., company name, location, contact information, etc.) and descriptive attributes regarding the training offered (e.g., which types of CDL and/or endorsement training are offered, etc.) by each training provider at each training location is made available to the public on the TPR website (unless the training provider chooses to not have this information displayed). This information is used by entry-level drivers seeking training.

The second portion of this ICR, (IC-2) “Driver Training Certification,” collects information from training providers after driver-trainees complete training. This “Driver Training Certification” information is used by State Drivers Licensing Agencies (SDLA) to verify that the required driver training has been completed by the driver-trainee prior to the SDLA administering any skills or knowledge tests that require completion of training prior to their administration. The information collected from training providers is also used by the Agency to improve its understanding of the number of training providers and the types of training they provide, and the number of entry-level drivers and the types of training, CDLs, and endorsements that they obtain. Retrospective review of the data and of the safety performance of drivers that complete ELDT will allow FMCSA to better assess the impact of ELDT on motor carrier safety, and to monitor the effectiveness of individual training providers and identify those that may not be conducting training in compliance with the regulations and that may therefore be candidates for audit or investigation by FMCSA. The use of an electronic, online, web-based information system for this collection of information is expected to reduce burden on respondents. Although the TPR is an online web-based system, the information and specific data fields required to be submitted by training providers for each driver-trainee that completes training are presented with this Supporting Statement in the attached “Driver Training Certification” information collection document (Attachment D).

3. EXTENT OF AUTOMATED INFORMATION COLLECTION

As of February 7, 2022, minimum training standards for entry-level drivers (in 49 CFR part 380, subpart F and five Appendices to 49 CFR part 380), and requirements for training providers (in 49 CFR part 380, subpart G), have been in effect. Training providers must be listed on the TPR that was developed by FMCSA. The TPR is an online web-based information system that training providers must use to submit information to FMCSA to ensure that they meet the training provider eligibility requirements and can therefore be listed on the TPR. In addition, 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. The Agency does not have hardcopy “Training Provider Registration” forms, or hardcopy “Driver Training Certification” forms available and does not accept any such hardcopy documents as part of this collection of information. Therefore, the percentage of respondents reporting electronically is 100 percent.

The use of an electronic online web-based information system for this collection of information is expected to reduce burden on respondents. Potential burden savings for respondents as compared to collecting information using hardcopy paper methods are expected to include reductions in burden time, office and storage space, materials, and office equipment. For example, specific types of savings could include purchasing less paper and toner/ink, printing fewer documents, requiring fewer file cabinets or document boxes for storage of paper documents, using less space for storage of paper documents, expending less labor time in activities such as handling and filing of paperwork, expending less labor time in identifying and retrieving documents, and transmitting fewer paper documents by mail or courier services.

The use of an electronic online web-based information system for this collection of information is consistent with the Government Paperwork Elimination Act (GPEA) (Pub. L. 105-277, Title XVII) (Attachment E), which requires Federal agencies to allow the option of electronic filing and recordkeeping when practicable.

4. EFFORTS TO IDENTIFY DUPLICATION

FMCSA knows of no duplicative regulations or any similar information already available that could be used or modified for the purposes described in Section 2 above.

5. EFFORTS TO MINIMIZE THE BURDEN ON SMALL BUSINESSES

As of February 7, 2022, minimum training standards for entry-level drivers (49 CFR part 380, subpart F and five Appendices to 49 CFR part 380), and requirements for training providers (49 CFR part 380, subpart G), have been in effect. This collection of information impacts certain training providers that are small entities. A comprehensive analysis of the effects of the ELDT regulations (found at 49 CFR part 380, subparts F and G, and Appendices A-E to part 380) on small entities was performed as part of the regulatory evaluation when the rule was promulgated.¹ The use of an electronic online web-based information system for this collection of information is expected to reduce burden on respondents, including those that are small entities. As previously stated, potential burden savings for respondents as compared to collecting information using hardcopy paper methods are expected to include reductions in burden time, office and storage space, materials, and office equipment. For example, specific types of savings could include purchasing less paper and toner/ink, printing fewer documents, requiring fewer file cabinets or document boxes for storage of paper documents, using less space for storage of paper documents, expending less labor time in activities such as handling and filing of paperwork, expending less labor time in identifying and retrieving documents, and transmitting fewer paper documents by mail or courier services.

6. IMPACT OF LESS FREQUENT COLLECTION OF INFORMATION

Under the minimum training standards for entry-level drivers and new requirements for training providers that have been in force as of February 7, 2022, “Training Provider Registration” information is collected from training providers to ensure that they meet training provider eligibility requirements and can therefore be listed on the TPR. This information is collected when a training provider is first registering in the TPR, on a biennial basis thereafter, or otherwise when key information changes (training provider name, address, phone number, type(s) of training offered, training provider status, and, if applicable, any change in State licensure, certification, or accreditation status). If this collection of information were not conducted, FMCSA would be unable to determine the eligibility of training providers to be able to provide training that is compliant with its regulations, and driver-trainees would be unable to identify eligible training providers. If this collection of information were conducted less frequently than biennially or when key information changes, there would be a greater likelihood of incorrect information being provided to driver-trainees regarding eligible training providers, resulting in inconvenience and delay to driver trainees. These updates are also necessary for FMCSA to conduct oversight and monitoring of training providers listed in the TPR. The Agency sees no practical manner of eliminating or making these requirements less frequent.

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. This “Driver Training Certification” information is collected from training providers so that FMCSA can make that information available to SDLAs, who may only administer certain skills or knowledge tests to applicants after verifying that the required driver training certification information is present in the driver’s record. If this collection of information were not conducted or were conducted less frequently, SDLAs would be unable to verify that the required driver training has been completed by a driver-trainee prior to administering the necessary skills test and/or knowledge test. The Agency sees no practical manner of eliminating or making these requirements less frequent.

7. SPECIAL CIRCUMSTANCES

There are no special circumstances associated with this collection of information.

8. COMPLIANCE WITH 5 CFR 1320.8

FMCSA published a notice in the Federal Register with a 60-day comment period to announce this proposed information collection on March 30, 2023 (88 FR 19186), and to inform the public of its intention to seek OMB review and approval to revise the existing currently approved collection of information.

FMCSA received three comments on the 60-day notice, from the Director of the Commission on Proprietary School and College Registration (CPSCR), the National Association of State Administrators and Supervisors of Private Schools (NASASPS), and Commercial Vehicle Training Association (CVTA) and National Association of Publicly Funded Truck Driving Schools (NAPFTDS). The CPSCR opined that “FMCSA should collect more information from TPR registrants to ensure that training providers meet state licensure requirements to validly train in the state” and provided three supporting arguments. The NASASPS stated “that FMCSA […] move past a provider registration process that relies wholly on self-certification and require TDTIs to provide documentation of state authorization to operate” and provided six recommendations. The CVTA and NAPFTDS submitted a joint comment, recommending FMCSA collect “a copy of state licensure documentation, an identifier for that documentation in the form of a license number, or other documentation that would allow FMCSA to ensure compliance with the state licensure requirement” and “a copy of curriculum documentation (e.g., lesson plans) that would allow FMCSA to ensure compliance with training provider curriculum requirements”. FMCSA responded that at this time, FMCSA does not intend to modify the information collected or modify the self-certification process. However, FMCSA will continue to work with stakeholders to potentially implement a process addressing the comments received during the 60-day notice.

In response, FMCSA notes that the comments, while pertaining to the information collection, would both require that FMCSA revise the regulations regarding training provider requirements. As these rules have been in effect for less than two years, FMCSA is not inclined to make any revisions at this time. The Agency notes that when training providers initially register for listing on the TPR, they must certify, under penalty of perjury, that they comply with all applicable regulatory requirements, including the requirement that they be licensed, certified, registered, or authorized to provide training in accordance with the applicable laws and regulations of any State where in-person training is conducted (49 CFR 380.703(5)(i)). Further, in accordance with 49 CFR 380.719(a)(4), to remain eligible for continued listing on the TPR, training providers must maintain documentation of State licensure, registration, or certification verifying that the provider is authorized to provide training in that State, if applicable. If FMCSA or its authorized representative conducts an audit or investigation of a training provider. the training provider’s compliance with applicable State requirements would be evaluated. Training providers determined to be non-compliance with State requirements could be subject to a notice of prosed removal from the TPR or emergency removal, depending on the circumstances. The Agency believes these existing requirements sufficiently address training providers’ compliance with applicable State requirements.

9. PAYMENTS OR GIFTS TO RESPONDENTS

Respondents are not provided with any payment or gift for this collection of information.

10. ASSURANCE OF CONFIDENTIALITY

Under this ICR, “Training Provider Registration” information will be collected by FMCSA from each training provider for each training location by means of the online TPR. Although contact information for the training providers and sole proprietor training providers is generally considered personally identifiable information, because this information is provided in the context of the individual’s business relationship with the TPR and is not retrieved by unique identifier associated with the individual, that information is considered “business information” and is not protected under the Privacy Act of 1974, 5 U.S.C. § 552a, Pub. L. 93-579, 88 Stat. 1896 (December 31, 1974) (Attachment G). The Department of Transportation (hereafter referred to as The Department) applies the Fair Information Practice Principles (FIPPs) to this data to ensure that it is used appropriately.

Also, under this ICR, “Driver Training Certification” information is collected by FMCSA from training providers by means of the TPR. After an individual driver-trainee completes training administered by a training provider listed on the TPR, that training provider must submit the training certification information regarding the driver-trainee to the TPR. Because this individual driver training certification information is retrieved from the TPR by a unique identifier, the TPR is considered a System of Records under the Privacy Act. A Privacy Impact Assessment (PIA) is available both in the public docket for the December 2016 final rule¹, and on the Department’s privacy website.² As required by the Privacy Act, FMCSA and the Department published a system of records notice (SORN) that described FMCSA’s maintenance and electronic transmission of the driver training certification information that is covered by the Privacy Act, which was published in the Federal Register on June 28, 2021 (86 FR 34116).

11. JUSTIFICATION FOR COLLECTION OF SENSITIVE INFORMATION

The information requested and collected is not of a sensitive nature (e.g., sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private).

12. ESTIMATE OF BURDEN HOURS FOR INFORMATION REQUESTED

The “Training Provider Registration” information collection activities and the “Driver Training Certification Information” information collection activities are treated as separate information collections, IC-1 and IC-2, respectively. These two information collection activities are presented as separate ICs in order to improve the clarity and transparency of the analysis. Guidance from the Office of Information and Regulatory Affairs (OIRA) 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.³ There are many qualitative and quantitative differences that dictate that these two activities are best addressed as two separate ICs. Although training providers are the respondents for both IC-1 and IC-2, 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. The number of responses and frequency of response are also very different for these ICs.

IC-1: Training Provider Registration (under 49 CFR Part 380 Subpart G)

Training Provider Registration information is collected by FMCSA from each training provider for each training location by means of the online TPR. The TPR is an online, web-based information system that training providers must use to submit information to FMCSA to ensure that they meet the training provider eligibility requirements and can therefore be listed on the TPR.

Some training provider organizations provide training at only one location, while others may provide training at more than one location. Training providers must register each training location in the TPR, and each training location will be assigned a unique TPR identification number by FMCSA.

Table 1 presents the actual total population of training providers who met the training provider eligibility requirements in 2021 and 2022. Because some training provider organizations provide training at more than just one location, both the number of training provider organizations (as potential respondents), and the number of training provider locations (as potential responses), are presented.

Table 1. Actual Number of Providers of Entry-Level CDL and Endorsement Training 2020-2022

	2020	2021 (June-December)	2022	Average
Number of Training Provider Organizations (Respondents)	0	4,564	18,758	7,774
Number of Training Locations (Responses)	0	6,676	30,530	12,402

Source: https://tpr.fmcsa.dot.gov/

For the three-year period covered by this ICR (2023-2025), it is assumed that the number of training providers and training locations will be more accurate than is currently reported. It is recognized that the current data is an overestimate, as it reflects all training providers who were required to register as the requirement was first implemented; FMCSA anticipates that in the future, after the TPR has been in operation for a full approval cycle, the Agency will be able to use an average based on actual annual data from the 3-year training provider registrations submitted to the TPR to refine these estimates of the population of training providers in conjunction with future renewal of this ICR.

The actual population of training provider organizations and training provider locations presented in Table 1 form the basis for estimating the number of respondents, the number of responses, and the hour burden per year. Training provider registration information will be collected when a training provider is first registering in the TPR, on a biennial basis thereafter, or otherwise when key information changes (training provider name, address, phone number, type(s) of training offered, training provider status, and, if applicable, any change in State licensure, certification, or accreditation status). Therefore, in any given year, training providers may be impacted by one or more of three different types of information collection activities under IC-1, for each separate training location at which they provide training. These three activities, and their estimated hour burden per response, are:

• New first-time registration on the TPR: 2 hours

• Biennial update of existing registration on the TPR: 0.75 hour (45 minutes)

• Update of existing registration due to change(s) to key information: 0.25 hour (15 minutes)

The estimates of the hour burden per response for new first-time registration on the TPR (2 hours), for biennial update of an existing registration on the TPR (45 minutes), and for “update of existing registration due to change(s) to key information” (15 minutes) remain unchanged from the previous ICR for this collection.

Table 2 presents the estimated number of responses, by type, for IC-1. It is estimated that annually, in 2023, 2024 and 2025, an average of 7,774 training providers will submit a new first-time registration to the TPR (See Table 1). As was previously stated, FMCSA recognizes that this is an overestimate, as it reflects all training providers who were required to register as the requirement was first implemented.

Next, regarding biennial updates of existing training provider registrations in the TPR, for 2023 there will be 6,676 biennial updates, for 2024 there will be 30,530 biennial updates and for 2025 there will be approximately 19,078 biennial updates of existing registrations (new registrations in 2023 plus biennial updates in 2023), for an average of 18,761 biennial updates annually. These figures were estimated based on the actual registrations for 2021 and 2022, and the estimated new first-time registrations for 2023, 2024 and 2025. As was previously stated, FMCSA recognizes that this is an overestimate, as it reflects all training providers who were required to register as the requirement was first implemented.

Finally, the number of updates of existing registrations due to changes in key information, as defined earlier (company name, address, phone number, types of training offered, etc.), was 11,121 in 2022, using 30 days as the period when a provider is counted as setting up their data in the system and 2 days as the time which would cause separate changes to be merged into a single change. FMCSA estimates a 10% annual decrease in updates over time as users familiarize themselves with the system, therefore for 2023 the estimated number of updates for existing registrations is 10,008, for 2024, it is 9,009 and for 2025 it is 8,108, for an average annual number of updates to existing registrations of 9,042.

Table 2. Estimated Number of Responses for IC-1 (Training Provider Registration)

Type of Activity	2023	2024	2025	Average
Number of New First-Time Registrations	12,402	12,402	12,402	12,402
Number of Biennial Updates of Existing Registrations	6,676	30,530	19,078	18,761
Number of Updates of Existing Registrations Due to Changes in Key Information	10,008	9,009	8,108	9,042
TOTAL NUMBER OF RESPONSES	29,086	51,941	39,588	40,205
NUMBER OF RESPONDENTS	7,774	7,774	7,774	7,774

Next, Table 3 presents the resulting estimates of annualized hour burden for IC-1, based on the number of responses by type presented in Table 2, and the estimated hour burden per each type of response, for each of the three types of responses, presented earlier.

Table 3. Estimated Annualized Hour Burden for IC-1 (Training Provider Registration)

Type of Activity	Average Annual Responses	Burden Hour per response	Estimated Annual Burden Hours
Hour Burden for New First-Time Registrations	12,402	2	24,804
Hour Burden for Biennial Updates of Existing Registration	18,761	0.75	14,071
Hour Burden for Updates of Existing Registration Due to Change in Key Information	9,042	0.25	2,261
HOUR BURDEN FOR ALL RESPONSE TYPES	40,205		41,135

Under 49 CFR 380.725, training providers must retain the following documentation and records:

• Self-certifications from driver-trainees taking behind-the-wheel (BTW) training that the driver-trainees will comply with other U.S. DOT regulations related to alcohol and controlled substances testing, age, licensing, medical certification, and driver records (set forth in 49 CFR parts 40, 382, 383, and 391, respectively).

• A copy of the driver-trainee’s commercial learner’s permit (CLP) or commercial driver’s license (CDL), as applicable.

• Instructor qualification documentation (copies of instructor CDL and endorsements, etc.).

• A copy of the current Training Provider Registration information that was submitted to the TPR.

• Lesson plans for theory and BTW training curricula.

• Records of individual entry-level driver training assessments as described in 49 CFR 380.715.

• Documentation of State licensure, registration, or certification verifying that the provider is authorized to provide training in that State, if applicable, as required by 49 CFR 380.719(a)(4).

These records must be retained by training providers for 3 years from the date each record is generated or received. FMCSA does not include a component for recordkeeping tasks in the Agency’s IC estimate because the training providers routinely keep records of their students and employees (instructors). FMCSA therefore concludes that these recordkeeping tasks are “customary and usual business practices,” i.e., that they would be undertaken in the normal course of the providers’ businesses in the absence of the Agency’s training regulations. The time, effort, and financial resources necessary to comply with a collection of information that would be incurred by persons in the normal course of their activities (e.g., in compiling and maintaining business records) is therefore excluded from burden as those activities are usual and customary (5 CFR 1320.3(b)(2)).

As noted previously, “cost to respondents” (sometimes referred to as “burden hour cost”) is separate and distinct from “cost burden,” which is reported later in Section 13 and represents capital or start-up costs, operation or maintenance costs (such as those for supplies and equipment), or purchases of services resulting from the collection of information.

The Standard Occupational Classification (SOC) system used by the Department of Labor (DOL), Bureau of Labor Statistics (BLS), in producing occupational employment and wage estimates for their Occupational Employment Statistics (OES) program does not include a SOC code specific to the occupation of entry-level driver trainer or CMV operator trainer. We therefore assume that the occupation most representative of respondents for IC-1 corresponds to the “Vocational Education Teachers, Postsecondary” SOC Code 25-1194. According to BLS, this SOC code includes industrial, commercial, and government training instructors, and adult education teachers and instructors who prepare persons to operate industrial machinery and equipment and transportation and communications equipment. Teaching may take place in public or private schools whose primary business is education (for example, a private for-hire CDL training school or a community college offering CDL training programs), or in a school associated with an organization whose primary business is other than education (for example, a motor carrier that has its own in-house ELDT program). Given that there are several types of ELDT providers across multiple industries, including but not limited to CDL training schools, educational institutions such as community colleges, motor carriers, owner-operators, transit agencies, school districts with directly operated school bus service, State/local governments, utility companies and rural electric cooperatives, etc., the median hourly wage of Vocational Education Teachers, Postsecondary (SOC Code 25-1194) across all industry sectors as of May 2021 of $28.77 is used here as the appropriate wage rate category for calculating the cost to respondents.⁴

To arrive at a loaded wage, we first estimated a fringe benefits rate of 51 percent by dividing the total benefit costs ($14.49 per hour) by the wages and salaries ($28.40 per hour) for the transportation and warehousing industry.⁵ We then estimated an overhead rate of 27.4 percent by dividing management and overhead costs ($0.107 per mile) by labor costs ($0.39 per mile) for the trucking industry.⁶ Using these estimated fringe benefits and overhead rates, we calculated a fully loaded wage rate factor of 1.9 by multiplying the fringe benefits rate (1+0.51) by the overhead rate (1+0.274). Finally, multiplying the median hourly base wage of $28.77 by this fully loaded wage rate factor results in a fully loaded hourly wage of $54.67. The resulting estimated annual cost to respondents for IC-1 is $2,248,864 (41,135 annual burden hours × $54.67 fully loaded wage rate).

Table 4 presents a summary of the burden estimates for IC-1.

Table 4. Summary for IC-1 (Training Provider Registration)

Summary Item	Value
Average Annual Number of Respondents	7,774
Average Annual Responses	40,205
Average Annual Number of Responses per Respondent	5.17
Average Annual Burden Hours	41,135
Average Hours per Response	1.02
Average Annual Cost to Respondents (Burden hours monetized at loaded hourly wage rate)	$ 2,248,864

IC-2: Driver Training Certification Information (under 49 CFR Part 380 Subpart G)

“Driver Training Certification” information will be collected by FMCSA from training providers by means of the TPR. After an individual driver-trainee completes training administered by a training provider listed on the TPR, that training provider must submit the training certification information regarding the driver-trainee to the TPR.

Table 5 presents the number of “Driver Training Certification” reports submitted to the TPR in 2022.

Table 5. Actual Number of Driver Training Certification Reports

	2022
Number of Entry-Level Drivers	471,857

Source: https://tpr.fmcsa.dot.gov/

The Agency is able to use this information from actual submissions of driver training certification information to the TPR to refine its future estimates of the annual number of reports to be filed. FMCSA assumes that the number of reports filed each year will stay relatively stable, and as such uses the actual 2022 number as its estimate for each of the next three years. As more years pass, FMCSA will be able to refine this estimate using three-year averages.

Table 6. Estimated Number of Annual Responses for IC-2 (Driver Training Certification Information)

Type of Activity	Annual Response (2023, 2024, 2025)
Number of Submissions of Driver Training Certification Information	471,857
TOTAL NUMBER OF ANNUAL RESPONSES	471,857
NUMBER OF ANNUAL RESPONDENTS	7,774

Each submittal of driver training certification information by a training provider for each new entry-level driver is estimated to require 5 minutes. This estimate remains unchanged from the last ICR. Table 7 presents the resulting estimates of annualized hour burden for IC-2, based on the number of annual responses presented in Table 6, and the estimated hour burden per response of 5 minutes (0.083 hours).

Table 7. Estimated Annualized Hour Burden for IC-2 (Driver Training Certification Information)

Type of Activity	Estimated Annual Responses	Burden Hour per response	Estimated Annual Burden Hours
Hour Burden for Submission of Driver Training Certification Information	471,857	0.083	39,164

“Cost to respondents” (sometimes referred to as “burden hour cost”) is calculated here for IC-2 in the same manner as it was for IC-1 and utilizes the same fully loaded wage rate of $54.67 as described above for IC-1. As noted previously, “cost to respondents” is separate and distinct from “cost burden”, which is reported later in Section 13 and represents capital or start-up costs, operation or maintenance costs (such as those for supplies and equipment), or purchases of services resulting from the collection of information. The average annual cost to respondents for IC-2 is $2,141,103 (39,164 annual burden hours × $54.67 fully loaded wage rate).

Table 8 presents a summary of the burden estimates for IC-2.

Table 8. Summary for IC-2 (Driver Training Certification)

Summary Item	Value
Annual Number of Respondents	7,774
Annual Responses	471,857
Annual Number of Responses per Respondent	60.7
Annual Burden Hours	39,164
Average Hours per Response	0.083
Average Annual Cost to Respondents (Burden hours monetized at loaded hourly wage rate)	$2,141,103

Finally, Table 9 presents a summary of the total burden for IC-1 and IC-2 combined.

Table 9. Summary of Total Burden for IC-1 and IC-2

Summary Item	Value
Average Annual Responses	512,062
Average Annual Burden Hours	80,299
Average Annual Cost to Respondents (Burden hours monetized at loaded hourly wage rate)	$4,389,967

13. ESTIMATE OF TOTAL ANNUAL COST BURDEN

FMCSA estimates that there is no cost burden to respondents resulting from these requirements beyond the hour burden already reflected in Section 12. With regards to capital or start-up costs, FMCSA believes that virtually all training providers own or have access to computer technology such as a personal computer, tablet device, or smartphone, and that access to these types of devices is nearly ubiquitous among both individuals and businesses in the U.S. and would be available as part of customary and usual business or private practices, thus providing sufficient access to the TPR. Therefore, this collection of information would not impose any new cost burden upon respondents for capital or start-up costs associated with the purchase of computers or software. There is also no cost burden to respondents for operation and maintenance or purchase of services related to these new requirements.

14. ESTIMATE OF COST TO THE FEDERAL GOVERNMENT

The Federal government will incur costs resulting from this ICR related to the maintenance of the TPR. The TPR is an online, web-based information system that training providers must use to submit information to FMCSA to ensure that they meet the new training provider eligibility requirements and can therefore be listed on the TPR. In addition, 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.

The estimates of recurring annual costs are based on experience with previous information system development efforts by FMCSA. Based on this analysis, the average annual cost to the Federal government of this ICR is estimated to be $1.6 million annually.

15. EXPLANATION OF PROGRAM CHANGES OR ADJUSTMENTS

Table 10 presents the burden for the currently approved information collection, the new burden estimates from this renewal, and the resulting total change in burden from the currently approved information collection to this renewal. Both the annual number of responses, the annual burden hours and the annual cost burden increased due to the use of improved and updated estimates of the number of training provider organizations, training locations and entry-level drivers in the calculation of the burden.

Table 10. Total Change in Burden from Currently Approved Collection of Information
Information Collection Version	Annual Number of Responses	Annual Burden Hours	Annual Cost Burden
Currently Approved under OMB Control Number 2126-0028	399,340	67,276	$3,079,487
Revised Estimates	512,062	80,299	$4,389,967
Total Change in Burden from the Currently Approved Collection of Information	+112,722	+13,023	+$1,310,480

Next, the Agency differentiates the total change in burden that is presented in Table 1 into the program change portion, and the adjustment change portion. The burden increases are due to adjustments in agency estimates due to the availability of new or improved data. These are shown in Table 11.

Table 11. Changes Due to Agency Discretion and Adjustment in Agency Estimate

Component of Total Change	Change in Annual Number of Responses	Change in Annual Burden Hours	Change in Annual Cost Burden
Total Change in Burden from the Currently Approved Collection of Information	112,722	13,023	$1,310,480
Program Change due to Agency Discretion	0	0	$0
Change due to Adjustment in Agency Estimate	112,722	13,023	$1,310,480

16. PUBLICATION OF RESULTS OF DATA COLLECTION

The training provider's legal name and location will be publicly available in the TPR. If the training provider chooses, it may also make its phone number, website address, and the type of ELDT publicly available.

17. APPROVAL FOR NOT DISPLAYING THE EXPIRATION DATE OF OMB APPROVAL

Not applicable.

18. EXCEPTIONS TO CERTIFICATION STATEMENT

There are no exceptions to the certification statement.

ATTACHMENTS

1. 49 CFR Part 380. “Special Training Requirements.”

2. Moving Ahead for Progress in the 21st Century Act (MAP–21). Pub. L. 112–141, 126 Stat. 405, 791. July 6, 2012.

3. Training Provider Registration information collection questions

4. Driver Training Certification questions

5. Government Paperwork Elimination Act (GPEA). Pub. L. 105-277, Title XVII. October 21, 1998.

6. 60-day Federal Register Notice.

7. 30-day Federal Register Notice.

8. Privacy Act of 1974. 5 U.S.C. § 552a, Pub. L. 93-579, 88 Stat. 1897. December 31, 1974.

ACRONYMS LIST

BLS Bureau of Labor Statistics

BTW Behind-the-Wheel

CDL Commercial Driver’s License

CFR Code of Federal Regulations

CLP Commercial Learner’s Permit

CMV Commercial Motor Vehicle

CVTA Commercial Vehicle Training Association

DOL Department of Labor

DOT Department of Transportation

ECEC Employer Costs for Employee Compensation

ELDT Entry-Level Driver Training

ELDTAC Entry-Level Driver Training Advisory Committee

FHWA Federal Highway Administration

FIPPs Fair Information Practice Principles

FMCSA Federal Motor Carrier Safety Administration

FR Federal Register

GPEA Government Paperwork Elimination Act

GSA General Services Administration

IC Information Collection

ICR Information Collection Request

IFR Interim Final Rule

ISTEA Intermodal Surface Transportation Efficiency Act of 1991

MAP-21 Moving Ahead for Progress in the 21^st Century Act

NOA Notice of Action

NPRM Notice of Proposed Rulemaking

OES Occupational Employment Statistics

OIRA Office of Information and Regulatory Affairs

OMB Office of Management and Budget

PIA Privacy Impact Assessment

PII Personally Identifiable Information

PRA Paperwork Reduction Act

RIN Regulation Identifier Number

RISC Regulatory Information Service Center

ROCIS RISC and OIRA Consolidated Information System

SDLA State Drivers Licensing Agency

SOC Standard Occupational Classification

SORN System of Records Notice

TPR Training Provider Registry

U.S.C. United States Code

U.S. DOT United States Department of Transportation

1 Regulatory Evaluation of Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators Final Rule. Section 5: Regulatory Flexibility Analysis. Docket ID FMCSA-2007-27748-1291. Available at: https://www.regulations.gov/contentStreamer?documentId=FMCSA-2007-27748-1291&attachmentNumber=1& contentType=pdf (accessed May 6, 2019).

1 U.S. Department of Transportation. Privacy Impact Assessment. Federal Motor Carrier Safety Administration (FMCSA) Final Rule, Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators. Docket ID FMCSA-2007-27748-1408. Available at: https://www.regulations.gov/contentStreamer?documentId=FMCSA-2007-27748-1408&attachmentNumber=1&contentType=pdf (accessed May 6, 2019).

2 U.S. Department of Transportation. Privacy Impact Assessment. Federal Motor Carrier Safety Administration (FMCSA) Final Rule, Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators. Available at: https://www.transportation.gov/sites/dot.gov/files/docs/Privacy%20-%20FMCSA%20-%20ELDT%20Rule%20-%20PIA%20-%20020117.pdf (accessed May 6, 2019).

3 U.S. General Services Administration (GSA), Regulatory Information Service Center (RISC). “ROCIS How To Guide for Agency Users of the Information Collection Request (ICR) Module. September 1, 2017. Appendix A: Disaggregating Information Collection Requests (ICRs) into Information Collections (ICs). Pages 109-114. Available at: https://www.rocis.gov/rocis/jsp3/common/ROCIS_HOW_TO_Guide_for_AGENCY_Users_of_ICR_Module-090117.pdf (accessed September 25, 2019).

4 U.S. Department of Labor (DOL), Bureau of Labor Statistics (BLS). “Occupational Employment Statistics (OES). National Occupational Employment and Wage Estimates. Vocational Education Teachers, Postsecondary (SOC Code 25-1194). May 2021.” March 31, 2022. Available at: https://www.bls.gov/oes/current/oes251194.htm (accessed January 8, 2023).

5 U.S. Department of Labor (DOL), Bureau of Labor Statistics (BLS). “Employer Costs for Employee Compensation (ECEC). September 2022.” Table 6, “Transportation and Warehousing.” December 15, 2022. Available at: https://www.bls.gov/news.release/pdf/ecec.pdf (accessed January 8, 2023).

6 Mark Berwick and Mohammad Farooq of the Upper Great Plains Transportation Institute, North Dakota State University, August 2003. "Truck Costing Model for Transportation Managers", pages 41, 43, and 45. Available at: https://www.mountain-plains.org/pubs/pdf/MPC03-152.pdf (accessed May 6, 2019).

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