80 FR 30532 - Agency Information Collection Activities; Extension of a Currently Approved Collection; Training Certification for Entry-Level Commercial Motor Vehicle Operators

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		30532-30534
FR Document		2015-12855

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The Agency is asking OMB to renew without change FMCSA's estimate of the paperwork burden imposed by its regulations pertaining to the training of certain entry- level drivers of commercial motor vehicles (CMVs). Since 2004, FMCSA regulations have prohibited the operation of certain CMVs by individuals with less than 1 year of CMV-driving experience until they obtain this training.

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

[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30532-30534]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-12855]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0146]

Agency Information Collection Activities; Extension of a
Currently Approved Collection; Training Certification for Entry-Level
Commercial Motor Vehicle Operators

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

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

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 its
review and approval and invites public comment. The Agency is asking
OMB to renew without change FMCSA's estimate of the paperwork burden
imposed by its regulations pertaining to the training of certain entry-
level drivers of commercial motor vehicles (CMVs). Since 2004, FMCSA
regulations have prohibited the operation of certain CMVs by
individuals with less than 1 year of CMV-driving experience until they
obtain this training.

DATES: We must receive your comments on or before July 27, 2015.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2015-0146 using any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name
and docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.

[[Page 30533]]

Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov, and
follow the online instructions for accessing the dockets, or go to the
street address listed above.
Privacy Act: Anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.thefederalregister.org/2008/pdfE8-794.pdf.
Public Participation: The Federal eRulemaking Portal is
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the Federal eRulemaking Portal Web site. If you
want us to notify you that we received your comments, please include a
self-addressed, stamped envelope or postcard, or print the
acknowledgement page that appears after submitting comments online.
Comments received after the comment closing date will be included in
the docket and will be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Department of Transportation, FMCSA,
West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC,
20590. Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C.
31301 et seq.) established the commercial driver's license (CDL)
program and directed the Federal Highway Administration (FHWA), FMCSA's
predecessor agency, to establish minimum qualifications for issuance of
a CDL. After public notice and an opportunity for comment, the FHWA
established standards for the knowledge and skills that a CDL applicant
must satisfy.
In 1985, the FHWA published the ``Model Curriculum for Training
Tractor-Trailer Drivers.'' The FHWA did not mandate driver training at
that time. It believed the cost of developing a comprehensive driver-
training program was too high in terms of agency resources. This was
especially so, FHWA believed, in light of its reasonable expectation
that the level of safety of entry level drivers would soon be elevated
because (1) the deadline for States to adopt the new mandatory CDL-
licensing standards for driver knowledge and skills was still in the
future, and (2) many truck driving schools had updated their curricula
in light of the new model curriculum (``Truck Safety: Information on
Driver Training,'' Report of the U.S. General Accounting Office, GAO/
RCED-89-163, August 1989, pages 4 and 5).
In 1991, the Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102-240, December 18, 1991) directed the FHWA to
``commence a rulemaking proceeding on the need to require training of
all entry-level drivers of commercial motor vehicles (CMVs)'' (Section
4007(a)(2)). On June 21, 1993, the FHWA issued an advance notice of
proposed rulemaking entitled, ``Commercial Motor Vehicles: Training for
All Entry Level Drivers'' (58 FR 33874). The Agency also began a study
of the effectiveness of the driver training currently being received by
entry-level CMV drivers. The results of the study were published in
1997 under the title ``Adequacy of Commercial Motor Vehicle Driver
Training.'' The study is available under FMCSA Docket 1997-2199 at the
Federal eRulemaking Portal (www.regulations.gov) described above. The
study found that three segments of the trucking industry were not
receiving adequate entry-level training: heavy truck, motor coach, and
school bus.
On August 15, 2003, FMCSA published a notice of proposed rulemaking
(NPRM) entitled, ``Minimum Training Requirements for Entry-Level
Commercial Motor Vehicle Operators'' (68 FR 48863). The Agency proposed
mandatory training for operators of CMVs on four topics: driver
qualifications, hours-of-service of drivers, driver wellness and
whistle-blower protection. The Agency believed that knowledge of these
areas would provide the greatest benefit to the safety of CMV
operations. On May 21, 2004, FMCSA by final rule prohibited a motor
carrier from allowing an entry-level driver to operate a CMV until it
received a written certificate indicating that the driver had received
training in the four subject areas (69 FR 29384). The rule became
effective on July 20, 2004. Training providers were required to provide
a certificate to each driver trainee receiving the requisite training.
The Agency is asking OMB to renew without change FMCSA's estimate
of the paperwork burden imposed by its regulations. (The Agency is
currently conducting a negotiated rulemaking to redesign training for
entry-level CMV operators; if the rulemaking amends driver-training
requirements, the Agency will submit an estimate of the ICR burden of
the requirements for OMB approval).
Title: Training Certification for Entry-Level Commercial Motor
Vehicle Operators
OMB Control Number: 2126-0028.
Type of Request: Extension of a currently approved ICR.
Respondents: Entry-level CDL drivers.
Estimated Number of Respondents: 397,500.
Estimated Time per Response: 10 minutes.
Expiration Date: January 31, 2016.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 66,250 hours. FMCSA estimates that
an entry-level driver requires approximately 10 minutes to complete the
tasks necessary to comply with the regulation. Those tasks are
photocopying the training certificate, giving the photocopy to the
motor carrier employer, and retaining the original of the certificate.
Therefore, the annual burden for all entry-level drivers is 66,250
hours [397,500 drivers x 10/60 minutes to respond = 66,250 hours].
Definitions: (1) ``Federal Motor Carrier Safety Regulations''
(FMCSRs) are parts 350-399 of volume 49 of the Code of Federal
Regulations. (2) ``Commercial motor vehicle'' (CMV) means a motor
vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle--(a) has a gross
combination weight rating of 11,794 kilograms or more (26,001 pounds or
more) inclusive of a towed unit(s) with a gross vehicle weight rating
(GVWR) of more than 4,536 kilograms (10,000 pounds); or (b) has a GVWR
of 11,794 or more kilograms (26,001 pounds or more); or (c) is designed
to transport 16 or more passengers, including the driver; or (d) is of
any size and is used in the transportation of hazardous materials as
defined in 49 CFR 383.5 (49 CFR 383.5). The definition of CMV found at
49 CFR 390.5 of the FMCSRs is not applicable to this notice. (3)
``Commercial Driver's License (CDL) Driver'' means the operator of a
CMV because such operators must possess a valid commercial driver's
license (CDL)(Section 383.23(a)(2)). (4) ``Entry-level CDL Driver''
means a driver with less than one year of experience operating a CMV
with a CDL (49 CFR 380.502(b)).
Public Comments Invited: You are asked to comment on any aspect of
this

[[Page 30534]]

information collection, including: (1) Whether the proposed collection
is necessary for the FMCSA's performance of 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. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

Issued under the authority of 49 CFR 1.87 on: May 18, 2015.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2015-12855 Filed 5-27-15; 8:45 am]
BILLING CODE 4910-EX-P

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
asabaliauskas on DSK5VPTVN1PROD with NOTICES

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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30534 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices

information collection, including: (1) FOR FURTHER INFORMATION CONTACT: Ron in the lead and seven passenger cars
Whether the proposed collection is Hynes, Director, Office of Safety trailing. Shortly after 9:20 p.m., the train
necessary for the FMCSA’s performance Assurance and Compliance, Office of derailed while traveling through a curve
of functions; (2) the accuracy of the Railroad Safety, FRA, 1200 New Jersey in the track at Frankford Junction in
estimated burden; (3) ways for the Avenue SE., Washington, DC 20590, Philadelphia, Pennsylvania. As a result
FMCSA to enhance the quality, telephone (202) 493–6404; Joseph St. of the accident, eight people were
usefulness, and clarity of the collected Peter, Trial Attorney, Office of Chief killed, and a significant number of
information; and (4) ways that the Counsel, FRA, 1200 New Jersey Avenue people were seriously injured.
burden could be minimized without SE., Washington, DC 20590, telephone The National Transportation Safety
reducing the quality of the collected (202) 493–6047, joseph.st.peter@dot.gov; Board (NTSB) has taken the lead role
information. The agency will summarize or Matthew Navarrete, Trial Attorney, conducting the investigation of this
or include your comments in the request Office of Chief Counsel, FRA, 1200 New accident under its legal authority. 49
for OMB’s clearance of this information Jersey Avenue SE., Washington, DC U.S.C. 1101 et seq.; 49 CFR 800.3(a) and
collection. 20590, telephone (202) 493–0138, 831.2(b). As is customary, FRA is
matthew.navarrete@dot.gov. participating in the NTSB’s
Issued under the authority of 49 CFR 1.87
SUPPLEMENTARY INFORMATION: investigation and also investigating the
on: May 18, 2015.
accident under its own authority. While
G. Kelly Regal, Introduction NTSB has not yet issued any formal
Associate Administrator for Office of FRA has determined that public safety findings, the information it has released
Research and Information Technology. makes it obvious that train speed was a
compels issuance of this EO. This
[FR Doc. 2015–12855 Filed 5–27–15; 8:45 am] determination is made in light of the likely factor in the derailment. As Train
BILLING CODE 4910–EX–P Amtrak train derailment that occurred 188 approached the curve from the
in Philadelphia, Pennsylvania on May west, it traveled over a straightaway
12, 2015, in which eight persons were with a maximum authorized passenger
DEPARTMENT OF TRANSPORTATION killed and a significant number of others train speed of 80 mph. The maximum
were seriously injured. While the cause authorized passenger train speed for the
Federal Railroad Administration curve was 50 mph. NTSB determined
of the accident has not yet been
determined, preliminary investigation that the train was traveling
[Emergency Order No. 31, Notice No. 1] into this derailment indicates the train approximately 106 mph within the
was traveling approximately 106 mph curve’s 50-mph speed restriction,
Emergency Order Under 49 U.S.C. on a curve where the maximum exceeding the maximum authorized
20104 Establishing Requirements for authorized passenger train speed is 50 speed on the straightaway by 26 mph,
the National Railroad Passenger mph. This was a serious overspeed and 56 mph over railroad’s maximum
Corporation To Control Passenger event and FRA has concluded that authorized speed for the curve.1 NTSB
Train Speeds at Certain Locations additional action is necessary in the also determined the locomotive
Along the Northeast Corridor form of this EO to eliminate an engineer operating the train made an
immediate hazard of death, personal emergency application of Train 188’s air
SUMMARY: FRA is issuing this emergency injury, or significant harm to the brake system, and the train slowed to
order (EO or Order) to require that the environment. approximately 102 mph before derailing
National Railroad Passenger Corporation in the curve.
(Amtrak) take actions to control Authority
passenger train speed at certain Authority to enforce Federal railroad 2013 Metro-North Derailment
locations on main line track in the safety laws has been delegated by the Upon evaluating the Amtrak accident
Northeast Corridor (as described by 49 Secretary of Transportation to the described above, FRA found similarities
U.S.C. 24905(c)(1)(A)). Amtrak must Administrator of FRA. 49 CFR 1.89 and to an accident that occurred in
immediately implement code changes to internal delegations. Railroads are December 2013, on the New York State
its Automatic Train Control (ATC) subject to FRA’s safety jurisdiction Metropolitan Transportation Authority’s
System to enforce the passenger train under the Federal railroad safety laws. Metro-North Commuter Railroad
speed limit ahead of the curve at 49 U.S.C. 20101, 20103. FRA is Company (Metro-North) track. The
Frankford Junction in Philadelphia, authorized to issue emergency orders Metro-North accident was the subject of
Pennsylvania, where a fatal accident where an unsafe condition or practice FRA’s Emergency Order No. 29. 78 FR
occurred on May 12, 2015. Amtrak must ‘‘causes an emergency situation 75442, Dec. 11, 2013. That accident
also identify each main track curve on involving a hazard of death, personal occurred when a Metro-North passenger
the Northeast Corridor where there is a injury, or significant harm to the train was traveling south toward Grand
significant reduction (more than 20 environment.’’ 49 U.S.C. 20104. These Central Terminal in New York City. The
miles per hour (mph)) from the orders may immediately impose train traveled over a straightaway with
maximum authorized approach speed to ‘‘restrictions and prohibitions . . . that a maximum authorized passenger train
those curves for passenger trains. may be necessary to abate the speed of 70 mph before reaching a sharp
Amtrak must then develop and comply situation.’’ Id. curve in the track with a maximum
with an FRA-approved action plan to authorized speed of 30 mph. NTSB’s
modify its existing ATC System or other Amtrak Derailment investigation of the Metro-North
asabaliauskas on DSK5VPTVN1PROD with NOTICES

signal systems (or take alternative On Tuesday, May 12, 2015, Amtrak accident determined the train was
operational actions) to enable passenger train 188 (Train 188) was traveling approximately 82 mph as it
enforcement of passenger train speed traveling timetable east (northbound) entered the curve’s 30-mph speed
limits at the identified curves. Amtrak from Washington, DC, to New York City.
must also install additional wayside Aboard the train were five crew 1 FRA regulations provide, in part, that it is

passenger train speed limit signage at members and approximately 238 unlawful to ‘‘[o]perate a train or locomotive at a
speed which exceeds the maximum authorized
appropriate locations on its Northeast passengers. Train 188 consisted of a limit by at least 10 miles per hour.’’ 49 CFR
Corridor right-of-way. conventional set-up with a locomotive 240.305(a)(2).

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Document Created: 2018-02-21 10:32:50
Document Modified: 2018-02-21 10:32:50

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		We must receive your comments on or before July 27, 2015.
Contact		Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division, Department of Transportation, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC, 20590. Telephone: 202-366-4325. Email: [email protected]
FR Citation		80 FR 30532

80 FR 30532 - Agency Information Collection Activities; Extension of a Currently Approved Collection; Training Certification for Entry-Level Commercial Motor Vehicle Operators

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration