80 FR 30529 - Agency Information Collection Activities; New Information Collection Request: State Commercial Driver's License Program Plan

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range		30529-30532
FR Document		2015-12856

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 and invites public comment. The FMCSA requests approval of a new ICR titled, ``State Commercial Driver's License Program Plan,'' as a result of requirements from Section 32305 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, dated July 6, 2012. The Act requires States to submit a plan to the Secretary describing the actions the State will take to address any deficiencies in the State's commercial driver's license (CDL) program, as identified by the Secretary in the most recent audit of the program. This ICR is needed to ensure that 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 and transmitted and recorded within certain time periods as required by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.

Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)

[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30529-30532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12856]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0133]


Agency Information Collection Activities; New Information 
Collection Request: State Commercial Driver's License Program Plan

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: 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 and invites public comment. The FMCSA requests approval of 
a new ICR titled, ``State Commercial Driver's License Program Plan,'' 
as a result of requirements from

[[Page 30530]]

Section 32305 of the Moving Ahead for Progress in the 21st Century Act 
(MAP-21), Public Law 112-141, dated July 6, 2012. The Act requires 
States to submit a plan to the Secretary describing the actions the 
State will take to address any deficiencies in the State's commercial 
driver's license (CDL) program, as identified by the Secretary in the 
most recent audit of the program. This ICR is needed to ensure that 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 
and transmitted and recorded within certain time periods as required by 
the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.

DATES: Please send your comments by June 29, 2015. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2014-0133. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to 
[email protected], or faxed to (202) 395-6974, or mailed to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Docket Library, Room 10102, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Gordon, Office of State 
Programs, Commercial Driver's License Division (MC-ESL),, Federal Motor 
Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey 
Avenue SE., Washington, DC 20590. Telephone: 304-549-2651; email 
[email protected]. Office hours are from 9 a.m. to 5 p.m., Monday 
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: 
    Title: State Driver's License Program Plan.
    OMB Control Number: 2126-00XX.
    Type of Request: New collection.
    Respondents: State Driver Licensing Agencies (SDLAs).
    Estimated Number of Respondents: 51 State respondents.
    Estimated Time per Response: 40 hours per SDLA.
    Expiration Date: N/A. New collection.
    Frequency of Response: One-time effort.
    Estimated Total Annual Burden: 2,040 hours.
    FMCSA estimates that each SDLA would need approximately 40 hours to 
complete the State Commercial Driver's License Program Plan and submit 
it to FMCSA. The Program Plan is completed on a one-time basis as 
required by Section 32305 of MAP-21. There is no continuing information 
collection function associated with submitting this Program Plan. The 
Program Plan asks for information which is readily available to the 
filer.
    For the purposes of the CDL program, the District of Columbia is 
considered a State. Therefore, there are 51 State responses with an 
estimated 40 hours per response to complete and submit the Program Plan 
to FMCSA.
    The FMCSA estimates the SDLAs total annual burden is 2,040 hours 
(51 responses x 40 hours = 2,040 hours).
    Background: The FMCSA is responsible for compliance and oversight 
of SDLAs. SDLAs are required to comply with the requirements of 49 CFR 
part 384, titled ``State Compliance with Commercial Driver's License 
Program.'' Section 32305 of MAP-21 amends 49 U. S.C. 31311 by adding 
paragraph (d) State Commercial Driver's License Program Plan 
requirements. In paragraph (d)(1), a State shall submit a plan to the 
Secretary of Transportation for complying with the requirements under 
this section during the period beginning on the date the plan is 
submitted and ending on September 30, 2016. In paragraph (d)(2), a plan 
submitted by a State under paragraph (d)(1) shall identify--(A) the 
actions that the State will take to address any deficiencies in the 
State's Commercial Driver's License Program, as identified by the 
Secretary in the most recent audit of the program; and (B) other 
actions that the State will take to comply with the requirements under 
subsection (a). Paragraph (d)(3) establishes the following: ``(A) 
Implementation Schedule--A plan submitted by a State under paragraph 
(d)(1) shall include a schedule for the implementation of the actions 
identified under paragraph (d)(2). In establishing the schedule, the 
State shall prioritize actions to address any deficiencies highlighted 
by the Secretary as critical in the most recent audit of the program. 
(B) Deadline for Compliance with the requirements.--A plan submitted by 
a State under paragraph (1) shall include assurances that the State 
will take the necessary actions to comply with the requirements of 
subsection (a) not later than September 30, 2015.
    This collection of information supports the DOT strategic goal of 
safety by requiring the States to assure that drivers of CMVs are 
properly licensed according to all applicable Federal requirements. 
States will be required to complete a Commercial Driver's License 
Program Plan using a spreadsheet or pdf document that will be provided 
by FMCSA to each SDLA. The spreadsheet has been placed in the FMCSA 
docket and is available for immediate public consideration at the 
location http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0133-
0007 as item 7. The plan will be completed by the State and provided to 
FMCSA's CDL Division via the Automated Compliance Review System (ACRS), 
for review and concurrence. FMCSA may reject a State's Commercial 
Driver's License Program Plan if it is determined to be deficient by 
not adequately addressing the State's deficiencies and/or assurances. 
Within the plan, the State will identify any deficiencies from the most 
recent audit and will be required to provide detailed information to 
demonstrate how the State will obtain compliance with the Section 32305 
of MAP-21 requirement to be in compliance with the CDL Regulations by 
September 30, 2015, and remain in compliance through September 30, 
2016. This will enable FMCSA to determine a State's level of compliance 
with the CDL requirements. Previous to Section 32305 of MAP-21, there 
was no requirement for a SDLA to submit a Commercial Driver's License 
Program Plan.
    The spreadsheet was developed by FMCSA. The spreadsheet will be 
sent to each SDLA. The SDLA will complete the spreadsheet and send 
directly to FMCSA via electronic transmission. FMCSA will then review 
each plan to assess each State's level of compliance with the CDL 
requirements. The spreadsheets will then be uploaded into FMCSA's ACRS. 
Appropriate feedback will be provided from MC-ESL to each State after 
review.

Comments From the Public

General Summary

    FMCSA received four comments to the 60-day Federal Register notice 
published on November 13, 2014 (79 FR 67540) regarding the Agency's 
Information Collection Activities; New Information Collection: State 
Commercial Driver's License Program Plan. Comments were received from 
the Nebraska Department of Motor Vehicles, New York Department of Motor

[[Page 30531]]

Vehicles, Colorado Department of Revenue, and North Carolina Department 
of Transportation. Comments and responsive considerations are as 
follows:
    The Nebraska Department of Motor Vehicles commented that the 
proposed rule indicates that States will be required to complete a 
Commercial Driver's License Program Plan using a spreadsheet or pdf 
document that will be provided by FMCSA to each SDLA. The Plan will be 
completed by the State and provided to FMCSA's Division via the 
Automated Compliance Review System (ACRS), for review and concurrence. 
The Nebraska DMV recommends that the desired information be placed on 
ACRS for entry by the SDLA in lieu of the paper spreadsheet or pdf 
document being used. The proposed rule states that FMCSA estimates that 
each SDLA would need approximately 40 hours to complete the State 
Commercial Driver's License Program Plan. The Nebraska DMV already 
spends an inordinate amount of time working on CDL federal 
requirements. The Nebraska DMV questions the value of a spreadsheet 
that takes 40 hours to complete as SDLAs have other responsibilities 
besides the CDL Program. Quantity does not necessarily equate to 
quality. The proposed rule says that the spreadsheet was developed by 
FMCSA. However, it is not attached to this proposed rule. The Nebraska 
DMV suggests that the SDLAs be allowed to comment on the information 
being gathered and the tool used to gather the information. This 
promotes a better understanding by the SDLAs in knowing what is needed, 
why it is needed and may after comments, help FMCSA reduce duplication 
of information, and understand why the spreadsheet may not be relevant 
or needed. It is difficult to provide feedback and comments on a 
document sight unseen.''
    The FMCSA agrees with Nebraska's recommendation that the ACRS 
should be utilized to its fullest capacity to complete the State Plan. 
The spreadsheet has been placed in the FMCSA docket and is available 
for immediate public consideration at the location http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0133-0007 as item 7. 
FMCSA's intention is to utilize ACRS to deliver the final version of 
the spreadsheet to each SDLA. The SDLA will be able to download, 
complete and sign the document and re-upload via the ACRS State Plans 
function. ACRS's functionality prevents the use of the system to 
complete a State Plan within ACRS.
    The FMCSA does not expect it to take 40 hours for each CDL 
Coordinator to complete the spreadsheet. The estimation was based upon 
the differences in complexities and extent of compliance deficiencies, 
the various 51 SDLAs have in regards to the number of existing 
compliance findings. This estimation is also based upon the 
consideration that a new CDL Coordinator with limited experience may be 
completing the spreadsheet. In creating the spreadsheet, FMCSA took 
into consideration the demands being placed upon the SDLAs and 
attempted to implement the most efficient and least demanding process 
to meet the Section 32305 of MAP-21 requirement.
    The New York Department of Motor Vehicles stated opinion is that 
the ICR is unnecessary for the performance of FMCSA's functions in that 
the information requested to be collected from the Commercial Driver's 
License Program Plan is already made available to FMCSA via the ACRS 
System. New York has maintained updates to our audits and annual 
program review action plans and fails to understand why FMCSA needs 
states to duplicate information that is already supplied to them.
    The New York DMV also commented on the Section 32305 of MAP-21 
compliance date of September 30, 2015. New York stated while it is 
working diligently towards that goal, the deadline is unrealistic, 
considering the many obstacles New York and the other states face. New 
York does not understand why a deadline is even essential, in that all 
of New York's Action Plans listed on ACRS include our estimated 
completion dates for each project. With FMCSA changing from a 3 year 
CDL Program Review to an annual review, deficiencies are discovered 
earlier and therefore, corrected earlier, helping the states to achieve 
compliance. Over the last six years, FMCSA has published two major 
rulemakings and numerous smaller rulemakings related to the CDL 
Program. FMCSA has indicated that more Final rulemakings are to be 
published within the year. Due to strained fiscal circumstances states 
have scarce resources, making it difficult to implement the significant 
number of changes in order to fully comply with all the federal 
requirements by the regulatory deadline. Both New York's ITS staff that 
maintain our CDL programs and the DMV business units that administer 
the programs are severely challenged in complying with the complexity 
and enormity of federal regulation. At the same time, such staff must 
continue to serve our many clients, including eleven and a half million 
licensed drivers, a half million of which hold a CDL. The complexity of 
the CLP rule is reflected in the monthly CLP Permit Rule Roundtable, 
where states and the FMCSA discuss issues and concerns about the rule. 
FMCSA continues to modify its interpretation of the rule. Which causes 
implementation delays for the states. New York would like to petition 
for the elimination of a deadline for full State compliance, or if one 
absolutely needs to be established, an extension of the September 30, 
2015, full compliance date, for at a minimum, another year (September 
30, 2016). New York is dedicated to fulfilling all the necessary 
requirements needed to obtain full compliance and we are reiterating 
that our mission is to make our highways safe for all drivers and for 
all types of operations. The elimination or extension of the deadline 
would allow more time for states to ensure the accuracy of all final 
programming and procedural changes.
    The FMCSA notes that the State Plan is in response to the mandated 
Section 32305 of MAP-21 requirement. The FMCSA understands the 
information contained within ACRS. This approach and the spreadsheet 
were developed in such a manner as to not require a State to provide 
duplicative information that already exists within ACRS, but only 
reference it. This approach allows the State to provide the assurances 
required by Section 32305 of MAP-21, that the State will remain in 
compliance through September 30, 2016.
    The FMCSA did not set the deadline for September 30, 2015. This was 
a Section 32305 of MAP-21 requirement. The FMCSA understands that 
States have existing action plans that have been approved by FMCSA in 
ACRS. As previously stated FMCSA has attempted to mitigate redundant 
work by a State. The FMCSA has created a spreadsheet that allows a 
State to refer to an existing (approved) action plan within ACRS when 
referring to a deficiency or finding. The spreadsheet will meet the 
additional Section 32305 of MAP-21 requirement for a State to provide 
assurances that they will remain in compliance through September 30, 
2016. The FMCSA understands and appreciates the many demands that 
recent rulemaking have placed upon the states.
    The Colorado Department of Revenue stated that it wholeheartedly 
appreciates and supports FMCSA's mission of promoting highway safety, 
preventing accidents and getting the bad driver off the road. Colorado 
also, within reason, agrees with FMCSA's approach of making each SDLA 
responsible for their

[[Page 30532]]

individual CDL program. However, within this proposal there are some 
concerns. Colorado is concerned that there is no disclosure of what 
will be contained in the proposed spreadsheet. Additionally, regarding 
data accuracy there is no indication as to what level of error 
constitutes a compliance issue. Colorado feels that there should be an 
opportunity to comment on all information that will be contained in the 
proposed spreadsheet and what will meet compliance and what will not. 
Moving forward, Colorado would like a better understanding as to the 
relationship between what is contained in the proposed spreadsheet and 
the Annual Performance Review (APR). Will both documents still be 
required and will they be done at the same time? Colorado would also 
like clarification as to whether the 40 hours discussed in the proposed 
rule also covers time spent completing the APR documents. Colorado 
would hope that effort to prevent duplicity has been made. Colorado 
would also like clarification on this remark. The program plan is 
completed on a one time basis as required by Section 32305 of MAP-21.
    There is no continuing information collection function associated 
with submitting the Program Plan. What does this mean? Overall, to 
fully comment on this proposal, Colorado would like a better 
understanding as to what FMCSA is going to require from the SDLAs 
regarding what is compliance and what a SDLA will have to do to remain 
or get into compliance and how long they will have to do so.
    When developing the spreadsheet to meet the Section 32305 of MAP-21 
requirement, FMCSA decided upon an approach that would limit the amount 
of duplicity and redundancy of the various FMCSA requirements. The 
spreadsheet has been placed in the FMCSA docket and is available for 
immediate public consideration at the location http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0133-0007 as item 7. 
Specifically, the spreadsheet focuses on each specific section of 49 
CFR part 384 and asks the question if the State is in compliance with 
each requirement? If not, the follow-up question is, does a State have 
an approved Action Plan within ACRS? If yes, then the State has 
fulfilled that specific requirement. If not, then the State would have 
to provide an action plan for each compliance finding or deficiency 
within the spreadsheet that does not have an approved action plan 
within ACRS. A finding or deficiency is an instance where the State is 
not in compliance with a particular part of the regulations. This could 
be from any number of activities, including an Annual Program or Skills 
Test Review, a review of a State's data, and operation performance, a 
comprehensive compliance review, or any other means by which FMCSA may 
become aware that a State is not in compliance. This particular aspect 
has not changed by the State Plan requirement, and the publishing of 
this ICR. The State Plan requirement is not a reoccurring requirement. 
Section 32305 of MAP-21 required the submittal of a State Plan one 
time.
    The North Carolina Department of Transportation stated that it 
contends that the requirement to submit the CDL Program Plan is 
redundant since this information is already available to FMCSA on ACRS. 
This requirement places an additional burden on the states when efforts 
are needed most to work toward compliance with the regulations.
    The FMCSA has developed the spreadsheet to eliminate redundancy and 
limit the amount of time and effort for each State to complete and to 
comply with this requirement. In addition, the Section 32305 of MAP-21 
requirement for States to provide assurances that they will remain in 
compliance through September 30, 2016, is not information that is 
currently available to FMCSA.
    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 FMCSA to perform its functions; (2) the 
accuracy of the estimated burden; (3) ways for the 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 on: May 18, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2015-12856 Filed 5-27-15; 8:45 am]
 BILLING CODE 4910-EX-P

30530 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

Section 32305 of the Moving Ahead for Expiration Date: N/A. New collection. of subsection (a) not later than
Progress in the 21st Century Act (MAP– Frequency of Response: One-time September 30, 2015.
21), Public Law 112–141, dated July 6, effort. This collection of information
2012. The Act requires States to submit Estimated Total Annual Burden: supports the DOT strategic goal of safety
a plan to the Secretary describing the 2,040 hours. by requiring the States to assure that
actions the State will take to address FMCSA estimates that each SDLA drivers of CMVs are properly licensed
any deficiencies in the State’s would need approximately 40 hours to according to all applicable Federal
commercial driver’s license (CDL) complete the State Commercial Driver’s requirements. States will be required to
program, as identified by the Secretary License Program Plan and submit it to complete a Commercial Driver’s License
in the most recent audit of the program. FMCSA. The Program Plan is completed Program Plan using a spreadsheet or pdf
This ICR is needed to ensure that the on a one-time basis as required by document that will be provided by
States are complying with notification Section 32305 of MAP–21. There is no FMCSA to each SDLA. The spreadsheet
and recordkeeping requirements for continuing information collection has been placed in the FMCSA docket
information related to testing, licensing, function associated with submitting this and is available for immediate public
violations, convictions and Program Plan. The Program Plan asks consideration at the location http://
disqualifications and that the for information which is readily www.regulations.gov/
information is accurate, complete and available to the filer. #!documentDetail;D=FMCSA-2014-
transmitted and recorded within certain For the purposes of the CDL program, 0133-0007 as item 7. The plan will be
time periods as required by the the District of Columbia is considered a completed by the State and provided to
Commercial Motor Vehicle Safety Act of State. Therefore, there are 51 State FMCSA’s CDL Division via the
1986 (CMVSA), as amended. responses with an estimated 40 hours Automated Compliance Review System
DATES: Please send your comments by per response to complete and submit the (ACRS), for review and concurrence.
June 29, 2015. OMB must receive your Program Plan to FMCSA. FMCSA may reject a State’s Commercial
comments by this date in order to act The FMCSA estimates the SDLAs Driver’s License Program Plan if it is
quickly on the ICR. total annual burden is 2,040 hours (51 determined to be deficient by not
ADDRESSES: All comments should responses × 40 hours = 2,040 hours). adequately addressing the State’s
reference Federal Docket Management Background: The FMCSA is deficiencies and/or assurances. Within
System (FDMS) Docket Number responsible for compliance and the plan, the State will identify any
FMCSA–2014–0133. Interested persons oversight of SDLAs. SDLAs are required deficiencies from the most recent audit
are invited to submit written comments to comply with the requirements of 49 and will be required to provide detailed
on the proposed information collection CFR part 384, titled ‘‘State Compliance information to demonstrate how the
to the Office of Information and with Commercial Driver’s License State will obtain compliance with the
Regulatory Affairs, Office of Program.’’ Section 32305 of MAP–21 Section 32305 of MAP–21 requirement
Management and Budget. Comments amends 49 U. S.C. 31311 by adding to be in compliance with the CDL
should be addressed to the attention of paragraph (d) State Commercial Driver’s Regulations by September 30, 2015, and
the Desk Officer, Department of License Program Plan requirements. In remain in compliance through
Transportation/Federal Motor Carrier paragraph (d)(1), a State shall submit a September 30, 2016. This will enable
Safety Administration, and sent via plan to the Secretary of Transportation FMCSA to determine a State’s level of
electronic mail to oira_submission@ for complying with the requirements compliance with the CDL requirements.
omb.eop.gov, or faxed to (202) 395– under this section during the period Previous to Section 32305 of MAP–21,
6974, or mailed to the Office of beginning on the date the plan is there was no requirement for a SDLA to
Information and Regulatory Affairs, submitted and ending on September 30, submit a Commercial Driver’s License
Office of Management and Budget, 2016. In paragraph (d)(2), a plan Program Plan.
Docket Library, Room 10102, 725 17th submitted by a State under paragraph The spreadsheet was developed by
Street NW., Washington, DC 20503. (d)(1) shall identify—(A) the actions that FMCSA. The spreadsheet will be sent to
the State will take to address any each SDLA. The SDLA will complete
FOR FURTHER INFORMATION CONTACT: Mr.
deficiencies in the State’s Commercial the spreadsheet and send directly to
Michael Gordon, Office of State
Driver’s License Program, as identified FMCSA via electronic transmission.
Programs, Commercial Driver’s License
by the Secretary in the most recent audit FMCSA will then review each plan to
Division (MC–ESL),, Federal Motor
of the program; and (B) other actions assess each State’s level of compliance
Carrier Safety Administration, West
that the State will take to comply with with the CDL requirements. The
Building 6th Floor, 1200 New Jersey
the requirements under subsection (a). spreadsheets will then be uploaded into
Avenue SE., Washington, DC 20590.
Paragraph (d)(3) establishes the FMCSA’s ACRS. Appropriate feedback
Telephone: 304–549–2651; email
following: ‘‘(A) Implementation will be provided from MC–ESL to each
michael.gordon2@dot.gov. Office hours
Schedule—A plan submitted by a State State after review.
are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal under paragraph (d)(1) shall include a Comments From the Public
Holidays. schedule for the implementation of the
actions identified under paragraph General Summary
SUPPLEMENTARY INFORMATION:
Title: State Driver’s License Program (d)(2). In establishing the schedule, the FMCSA received four comments to
State shall prioritize actions to address the 60-day Federal Register notice
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Plan.
OMB Control Number: 2126–00XX. any deficiencies highlighted by the published on November 13, 2014 (79 FR
Type of Request: New collection. Secretary as critical in the most recent 67540) regarding the Agency’s
Respondents: State Driver Licensing audit of the program. (B) Deadline for Information Collection Activities; New
Agencies (SDLAs). Compliance with the requirements.—A Information Collection: State
Estimated Number of Respondents: 51 plan submitted by a State under Commercial Driver’s License Program
State respondents. paragraph (1) shall include assurances Plan. Comments were received from the
Estimated Time per Response: 40 that the State will take the necessary Nebraska Department of Motor Vehicles,
hours per SDLA. actions to comply with the requirements New York Department of Motor

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Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices 30531

Vehicles, Colorado Department of The FMCSA does not expect it to take clients, including eleven and a half
Revenue, and North Carolina 40 hours for each CDL Coordinator to million licensed drivers, a half million
Department of Transportation. complete the spreadsheet. The of which hold a CDL. The complexity of
Comments and responsive estimation was based upon the the CLP rule is reflected in the monthly
considerations are as follows: differences in complexities and extent CLP Permit Rule Roundtable, where
The Nebraska Department of Motor of compliance deficiencies, the various states and the FMCSA discuss issues
Vehicles commented that the proposed 51 SDLAs have in regards to the number and concerns about the rule. FMCSA
rule indicates that States will be of existing compliance findings. This continues to modify its interpretation of
required to complete a Commercial estimation is also based upon the the rule. Which causes implementation
Driver’s License Program Plan using a consideration that a new CDL delays for the states. New York would
spreadsheet or pdf document that will Coordinator with limited experience like to petition for the elimination of a
be provided by FMCSA to each SDLA. may be completing the spreadsheet. In deadline for full State compliance, or if
The Plan will be completed by the State creating the spreadsheet, FMCSA took one absolutely needs to be established,
and provided to FMCSA’s Division via into consideration the demands being an extension of the September 30, 2015,
the Automated Compliance Review placed upon the SDLAs and attempted full compliance date, for at a minimum,
System (ACRS), for review and to implement the most efficient and another year (September 30, 2016). New
concurrence. The Nebraska DMV least demanding process to meet the York is dedicated to fulfilling all the
recommends that the desired Section 32305 of MAP–21 requirement. necessary requirements needed to
information be placed on ACRS for The New York Department of Motor obtain full compliance and we are
entry by the SDLA in lieu of the paper Vehicles stated opinion is that the ICR reiterating that our mission is to make
spreadsheet or pdf document being is unnecessary for the performance of our highways safe for all drivers and for
used. The proposed rule states that FMCSA’s functions in that the all types of operations. The elimination
FMCSA estimates that each SDLA information requested to be collected or extension of the deadline would
would need approximately 40 hours to from the Commercial Driver’s License allow more time for states to ensure the
complete the State Commercial Driver’s Program Plan is already made available accuracy of all final programming and
License Program Plan. The Nebraska to FMCSA via the ACRS System. New procedural changes.
DMV already spends an inordinate York has maintained updates to our The FMCSA notes that the State Plan
amount of time working on CDL federal audits and annual program review is in response to the mandated Section
requirements. The Nebraska DMV action plans and fails to understand 32305 of MAP–21 requirement. The
questions the value of a spreadsheet that why FMCSA needs states to duplicate FMCSA understands the information
takes 40 hours to complete as SDLAs information that is already supplied to contained within ACRS. This approach
have other responsibilities besides the them. and the spreadsheet were developed in
CDL Program. Quantity does not The New York DMV also commented such a manner as to not require a State
necessarily equate to quality. The on the Section 32305 of MAP–21 to provide duplicative information that
proposed rule says that the spreadsheet compliance date of September 30, 2015. already exists within ACRS, but only
was developed by FMCSA. However, it New York stated while it is working reference it. This approach allows the
is not attached to this proposed rule. diligently towards that goal, the State to provide the assurances required
The Nebraska DMV suggests that the deadline is unrealistic, considering the by Section 32305 of MAP–21, that the
SDLAs be allowed to comment on the many obstacles New York and the other State will remain in compliance through
information being gathered and the tool states face. New York does not September 30, 2016.
used to gather the information. This understand why a deadline is even The FMCSA did not set the deadline
promotes a better understanding by the essential, in that all of New York’s for September 30, 2015. This was a
SDLAs in knowing what is needed, why Action Plans listed on ACRS include Section 32305 of MAP–21 requirement.
it is needed and may after comments, our estimated completion dates for each The FMCSA understands that States
help FMCSA reduce duplication of project. With FMCSA changing from a 3 have existing action plans that have
information, and understand why the year CDL Program Review to an annual been approved by FMCSA in ACRS. As
spreadsheet may not be relevant or review, deficiencies are discovered previously stated FMCSA has attempted
needed. It is difficult to provide earlier and therefore, corrected earlier, to mitigate redundant work by a State.
feedback and comments on a document helping the states to achieve The FMCSA has created a spreadsheet
sight unseen.’’ compliance. Over the last six years, that allows a State to refer to an existing
The FMCSA agrees with Nebraska’s FMCSA has published two major (approved) action plan within ACRS
recommendation that the ACRS should rulemakings and numerous smaller when referring to a deficiency or
be utilized to its fullest capacity to rulemakings related to the CDL Program. finding. The spreadsheet will meet the
complete the State Plan. The FMCSA has indicated that more Final additional Section 32305 of MAP–21
spreadsheet has been placed in the rulemakings are to be published within requirement for a State to provide
FMCSA docket and is available for the year. Due to strained fiscal assurances that they will remain in
immediate public consideration at the circumstances states have scarce compliance through September 30,
location http://www.regulations.gov/ resources, making it difficult to 2016. The FMCSA understands and
#!documentDetail;D=FMCSA-2014- implement the significant number of appreciates the many demands that
0133-0007 as item 7. FMCSA’s intention changes in order to fully comply with recent rulemaking have placed upon the
is to utilize ACRS to deliver the final all the federal requirements by the states.
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version of the spreadsheet to each regulatory deadline. Both New York’s The Colorado Department of Revenue
SDLA. The SDLA will be able to ITS staff that maintain our CDL stated that it wholeheartedly appreciates
download, complete and sign the programs and the DMV business units and supports FMCSA’s mission of
document and re-upload via the ACRS that administer the programs are promoting highway safety, preventing
State Plans function. ACRS’s severely challenged in complying with accidents and getting the bad driver off
functionality prevents the use of the the complexity and enormity of federal the road. Colorado also, within reason,
system to complete a State Plan within regulation. At the same time, such staff agrees with FMCSA’s approach of
ACRS. must continue to serve our many making each SDLA responsible for their

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30532 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

individual CDL program. However, number of activities, including an DEPARTMENT OF TRANSPORTATION
within this proposal there are some Annual Program or Skills Test Review,
concerns. Colorado is concerned that a review of a State’s data, and operation Federal Motor Carrier Safety
there is no disclosure of what will be performance, a comprehensive Administration
contained in the proposed spreadsheet. compliance review, or any other means [Docket No. FMCSA–2015–0146]
Additionally, regarding data accuracy by which FMCSA may become aware
there is no indication as to what level that a State is not in compliance. This Agency Information Collection
of error constitutes a compliance issue. particular aspect has not changed by the Activities; Extension of a Currently
Colorado feels that there should be an State Plan requirement, and the Approved Collection; Training
opportunity to comment on all Certification for Entry-Level
publishing of this ICR. The State Plan
information that will be contained in Commercial Motor Vehicle Operators
requirement is not a reoccurring
the proposed spreadsheet and what will
meet compliance and what will not. requirement. Section 32305 of MAP–21 AGENCY: Federal Motor Carrier Safety
Moving forward, Colorado would like a required the submittal of a State Plan Administration (FMCSA), DOT.
better understanding as to the one time. ACTION: Notice and request for
relationship between what is contained The North Carolina Department of comments.
in the proposed spreadsheet and the Transportation stated that it contends
SUMMARY: In accordance with the
Annual Performance Review (APR). that the requirement to submit the CDL Paperwork Reduction Act of 1995,
Will both documents still be required Program Plan is redundant since this FMCSA announces its plan to submit
and will they be done at the same time? information is already available to
Colorado would also like clarification as the Information Collection Request (ICR)
FMCSA on ACRS. This requirement described below to the Office of
to whether the 40 hours discussed in the places an additional burden on the
proposed rule also covers time spent Management and Budget (OMB) for its
states when efforts are needed most to review and approval and invites public
completing the APR documents. work toward compliance with the
Colorado would hope that effort to comment. The Agency is asking OMB to
regulations. renew without change FMCSA’s
prevent duplicity has been made.
Colorado would also like clarification The FMCSA has developed the estimate of the paperwork burden
on this remark. The program plan is spreadsheet to eliminate redundancy imposed by its regulations pertaining to
completed on a one time basis as and limit the amount of time and effort the training of certain entry-level drivers
required by Section 32305 of MAP–21. for each State to complete and to of commercial motor vehicles (CMVs).
There is no continuing information comply with this requirement. In Since 2004, FMCSA regulations have
collection function associated with addition, the Section 32305 of MAP–21 prohibited the operation of certain
submitting the Program Plan. What does requirement for States to provide CMVs by individuals with less than 1
this mean? Overall, to fully comment on year of CMV-driving experience until
assurances that they will remain in
this proposal, Colorado would like a they obtain this training.
compliance through September 30,
better understanding as to what FMCSA DATES: We must receive your comments
2016, is not information that is currently
is going to require from the SDLAs on or before July 27, 2015.
available to FMCSA.
regarding what is compliance and what ADDRESSES: You may submit comments
a SDLA will have to do to remain or get Public Comments Invited: You are identified by Federal Docket
into compliance and how long they will asked to comment on any aspect of this Management System Number FMCSA–
have to do so. information collection, including: (1) 2015–0146 using any of the following
When developing the spreadsheet to Whether the proposed collection is methods:
meet the Section 32305 of MAP–21 necessary for the FMCSA to perform its • Federal eRulemaking Portal: http://
requirement, FMCSA decided upon an functions; (2) the accuracy of the www.regulations.gov. Follow the online
approach that would limit the amount estimated burden; (3) ways for the instructions for submitting comments.
of duplicity and redundancy of the FMCSA to enhance the quality, • Fax: 1–202–493–2251.
various FMCSA requirements. The usefulness, and clarity of the collected • Mail: Docket Management Facility;
spreadsheet has been placed in the information; and (4) ways that the U.S. Department of Transportation, 1200
FMCSA docket and is available for burden could be minimized without New Jersey Avenue SE., West Building,
immediate public consideration at the reducing the quality of the collected Ground Floor, Room W12–140, 20590–
location http://www.regulations.gov/ information. 0001.
#!documentDetail;D=FMCSA-2014- • Hand Delivery or Courier: West
0133-0007 as item 7. Specifically, the Issued under the authority of 49 CFR 1.87 Building, Ground Floor, Room W12–
spreadsheet focuses on each specific on: May 18, 2015. 140, 1200 New Jersey Avenue SE.,
section of 49 CFR part 384 and asks the G. Kelly Regal, Washington, DC between 9 a.m. and 5
question if the State is in compliance Associate Administrator, Office of Research p.m., e.t., Monday through Friday,
with each requirement? If not, the and Information Technology. except Federal holidays.
follow-up question is, does a State have [FR Doc. 2015–12856 Filed 5–27–15; 8:45 am] • Instructions: All submissions must
an approved Action Plan within ACRS? include the Agency name and docket
BILLING CODE 4910–EX–P
If yes, then the State has fulfilled that number. For detailed instructions on
specific requirement. If not, then the submitting comments and additional
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State would have to provide an action information on the exemption process,
plan for each compliance finding or see the Public Participation heading
deficiency within the spreadsheet that below. Note that all comments received
does not have an approved action plan will be posted without change to
within ACRS. A finding or deficiency is http://www.regulations.gov, including
an instance where the State is not in any personal information provided.
compliance with a particular part of the Please see the Privacy Act heading
regulations. This could be from any below.

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Document Created: 2018-02-21 10:33:13
Document Modified: 2018-02-21 10:33:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Please send your comments by June 29, 2015. OMB must receive your comments by this date in order to act quickly on the ICR.
Contact		Mr. Michael Gordon, Office of State Programs, Commercial Driver's License Division (MC-ESL),, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 304-549-2651; email [email protected] Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
FR Citation		80 FR 30529

80 FR 30529 - Agency Information Collection Activities; New Information Collection Request: State Commercial Driver's License Program Plan

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 102 (May 28, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration