81 FR 44917 - Agency Information Collection Activities; Extension of a Currently-Approved Collection: Driver Qualification Files

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range		44917-44918
FR Document		2016-16313

In accordance with the Paperwork Reduction Act of 1995 (PRA), 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. On February 17, 2016, FMCSA published a Federal Register notice announcing an increase in the Agency's estimate of the total information-collection (IC) burden of the driver qualification (DQ) regulations. It explained that the Agency's regulations had not changed, but the Agency was increasing its estimate of the IC burden to 9.8 million hours because both the population of CMV drivers and the frequency of their hiring had increased. Today the Agency further increases its burden estimate to 10.21 million hours in response to a comment received to that notice.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)

[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44917-44918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16313]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA 2015-0508]


Agency Information Collection Activities; Extension of a 
Currently-Approved Collection: Driver Qualification Files

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 (PRA), 
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. On February 17, 
2016, FMCSA published a Federal Register notice announcing an increase 
in the Agency's estimate of the total information-collection (IC) 
burden of the driver qualification (DQ) regulations. It explained that 
the Agency's regulations had not changed,

[[Page 44918]]

but the Agency was increasing its estimate of the IC burden to 9.8 
million hours because both the population of CMV drivers and the 
frequency of their hiring had increased. Today the Agency further 
increases its burden estimate to 10.21 million hours in response to a 
comment received to that notice.

DATES: Please send your comments to this notice by August 10, 2016. OMB 
must receive your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2015-0508. 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 OMB Desk Officer, DOT/FMCSA, and sent via electronic mail to 
oira_submission@omb.eop.gov, 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. Robert F. Schultz, FMCSA Driver 
and Carrier Operations Division, DOT, FMCSA, West Building, 6th Floor, 
1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-
4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 
    Title: Driver Qualification Files.
    OMB Control Number: 2126-0004.
    Type of Request: Extension of a currently-approved information 
collection.
    Respondents: Motor carriers and drivers of commercial motor 
vehicles.
    Estimated Number of Respondents: 6.2 million (5.7 million drivers 
and .5 million motor carriers.
    Estimated Time per Response: 35 minutes (average).
    Expiration Date: July 31, 2016.
    Frequency of Response: Responses to some regulatory requirements of 
the driver qualification rules occur on a random basis. Other responses 
occur more predictably. Some responses recur; others do not. For 
example, motor carriers are required to obtain and review the motor 
vehicle driving record of their drivers from the State of licensure. 
They must complete this task at the time of hiring and every year 
thereafter. The time-of-hiring requirement results in a random 
frequency of response, but, thereafter, the annual requirement results 
in a fixed frequency of response.
    Estimated Total Annual Burden: 10.21 million hours.
Background
    The Motor Carrier Safety Act of 1984 [Pub. L. 98-554, Title II, 98 
Stat. 2834 (October 30, 1984)] requires the Secretary of Transportation 
to issue regulations pertaining to commercial motor vehicle (CMV) 
safety. These regulations are also issued under the authority provided 
by 49 U.S.C. 504, 31133, 31136, and 31502. Part 391 of volume 49 of the 
Code of Federal Regulations contains the minimum qualifications of 
drivers of CMVs in interstate commerce.
    Motor carriers may not require or permit an unqualified driver to 
operate a CMV. The foremost proof of driver qualification is the 
information that part 391 requires be collected and maintained in the 
driver qualification file (DQ file). Motor carriers must obtain this 
information from sources specified in the regulations (49 CFR 391.51), 
such as the driver, previous employers of the driver, and officials of 
the State of driver licensure. Motor carriers are not required to 
forward DQ information to FMCSA, but must maintain the information in a 
DQ file and make it available to State and Federal safety investigators 
on demand.
    The Agency is asking OMB to approve FMCSA's revised estimate of the 
paperwork burden imposed by its DQ file regulations. The regulations 
have not been amended; the information-collection (IC) burden imposed 
on individual drivers and motor carriers by the regulations is 
unchanged. However, the Agency has increased its estimate of the total 
IC burden of the DQ-file regulations because both the number of CMV 
drivers and the turnover rate in their hiring have increased since the 
Agency's 2012 estimate of this burden. The increase in the number of 
CMV drivers is partly the result of the Agency being directed by OMB to 
include intrastate as well as interstate drivers in the population of 
drivers incurring an IC burden under the DQ file regulations. The 
Agency had excluded intrastate drivers from a past estimate.
    The Agency received one comment to the 60-day Federal Register 
notice of February 17, 2016. The American Trucking Associations pointed 
out that FMCSA estimates did not account for the substantial portion of 
driver medical certificates that are not issued for the maximum two-
year period. Accordingly, FMCSA has adjusted its estimate for this 
element of the burden. The overall burden, formerly estimated to be 9.8 
million hours, is now estimated to be 10.21 million hours.
    ATA also asked that Agency estimates account for the burden of a 
practice it described as common among motor carriers. These carriers 
refer newly-hired drivers for medical examination even if their current 
medical certificate is still valid. This practice triggers the 
requirement of Sec.  391.51(b)(7)(ii) that motor carriers obtain the 
results of each medical examination of its CDL drivers from the State 
Driver Licensing Agency (SDLA). The medical status of CDL drivers is a 
part of the driver's motor vehicle record (MVR) maintained by the SDLA. 
ATA asked the Agency to account for the burden these carriers 
experience obtaining the MVRs of their newly-hired CDL drivers. The 
Agency cannot do so because the burden is not cognizable under the PRA. 
The PRA requires Agencies to estimate burdens imposed by their 
regulatory requirements but these medical examinations of newly hired 
drivers are not required by regulation. These motor carriers are 
voluntarily referring newly-hired CDL drivers for a new medical 
examination.

Public Comments Invited

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

    Issued under the authority delegated in 49 CFR 1.87 on: June 30, 
2016.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2016-16313 Filed 7-8-16; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices 44917

14. Pennsylvania General Energy Pa.; Consumptive Use of Up to 4.9990 39. Chief Oil & Gas LLC, Pad ID:
Company, LLC, Pad ID: COP Tract 293 mgd; Approval Date: May 13, 2016. Savage Drilling Pad #1, ABR–
Pad H, ABR–201111013.R1, Cummings 27. EOG Resources, Inc., Pad ID: 201108018.R1, Elkland Township,
Township, Lycoming County, Pa.; CRANE Pad, ABR–201107023.R1, Sullivan County, Pa.; Consumptive Use
Consumptive Use of Up to 3.5000 mgd; Smithfield Township, Bradford County, of Up to 2.0000 mgd; Approval Date:
Approval Date: May 5, 2016. Pa.; Consumptive Use of Up to 4.9990 May 25, 2016.
15. Pennsylvania General Energy mgd; Approval Date: May 13, 2016. 40. Chief Oil & Gas LLC, Pad ID:
Company, LLC, Pad ID: COP Tract 729 28. SWN Production Company, LLC, Yonkin Drilling Pad #1, ABR–
Pad B, ABR–201111015.R1, Cummings Pad ID: Price Pad, ABR–201104017.R1, 201109020.R1, Cherry Township,
Township, Lycoming County, Pa.; Lenox Township, Susquehanna County, Sullivan County, Pa.; Consumptive Use
Consumptive Use of Up to 3.5000 mgd; Pa.; Consumptive Use of Up to 4.9900 of Up to 2.0000 mgd; Approval Date:
Approval Date: May 5, 2016. mgd; Approval Date: May 17, 2016. May 25, 2016.
16. Cabot Oil & Gas Corporation, Pad 29. SWN Production Company, LLC, 41. SWEPI, LP, Pad ID: Root #1, ABR–
ID: VandermarkR P1, ABR– Pad ID: Lyncott Corp Pad, ABR– 201605003, Jackson Township, Tioga
201107029.R1, Dimock Township, 201107044.R1, New Milford Township, County, Pa.; Consumptive Use of Up to
Susquehanna County, Pa.; Consumptive Susquehanna County, Pa.; Consumptive 4.0000 mgd; Approval Date: May 25,
Use of Up to 3.5750 mgd; Approval Use of Up to 4.9900 mgd; Approval 2016.
Date: May 11, 2016. Date: May 17, 2016. 42. SWEPI, LP, Pad ID: Hector 2,
17. Chief Oil & Gas LLC, Pad ID: 30. SWN Production Company, LLC, ABR–201605004, Hector Township,
Elliott B Drilling Pad #1, ABR– Pad ID: Bark’em Squirrel Pad, ABR– Potter County, Pa.; Consumptive Use of
201109030.R1, Monroe Township, 201107045.R1, New Milford Township, Up to 4.0000 mgd; Approval Date: May
Bradford County, Pa.; Consumptive Use Susquehanna County, Pa.; Consumptive 25, 2016.
of Up to 2.0000 mgd; Approval Date: Use of Up to 4.9900 mgd; Approval 43. Seneca Resources Corporation,
May 11, 2016. Date: May 17, 2016. Pad ID: DCNR 007 Pad G, ABR–
18. SWEPI, LP, Pad ID: M L Mitchell 31. SWN Production Company, LLC, 201605005, Shippen Township, Tioga
Trust 554, ABR–201103017.R1, Pad ID: Cramer Pad, ABR– County, Pa.; Consumptive Use of Up to
Middlebury Township, Tioga County, 201108007.R1, New Milford Township, 4.0000 mgd; Approval Date: May 25,
Pa.; Consumptive Use of Up to 4.0000 Susquehanna County, Pa.; Consumptive 2016.
mgd; Approval Date: May 11, 2016. Use of Up to 4.9900 mgd; Approval
Authority: Pub. L. 91–575, 84 Stat. 1509 et
19. SWEPI, LP, Pad ID: Salevsky 335, Date: May 17, 2016. seq., 18 CFR parts 806, 807, and 808.
ABR–201103046.R1, Charleston 32. SWN Production Company, LLC,
Township, Tioga County, Pa.; Pad ID: Roman Pad, ABR– Dated: July 6, 2016.
Consumptive Use of Up to 4.0000 mgd; 201108020.R1, New Milford Township, Stephanie L. Richardson,
Approval Date: May 11, 2016. Susquehanna County, Pa.; Consumptive Secretary to the Commission.
20. Cabot Oil & Gas Corporation, Pad Use of Up to 4.9900 mgd; Approval [FR Doc. 2016–16324 Filed 7–8–16; 8:45 am]
ID: GreenwoodR P2, ABR–201605002, Date: May 17, 2016. BILLING CODE 7040–01–P
Bridgewater Township, Susquehanna 33. SWN Production Company, LLC,
County, Pa.; Consumptive Use of Up to Pad ID: Folger Pad, ABR–201108022.R1,
4.2500 mgd; Approval Date: May 13, New Milford Township, Susquehanna DEPARTMENT OF TRANSPORTATION
2016. County, Pa.; Consumptive Use of Up to
21. Chief Oil & Gas LLC, Pad ID: Kerr 4.9900 mgd; Approval Date: May 17, Federal Motor Carrier Safety
B Drilling Pad #1, ABR–201109031.R1, 2016. Administration
Lathrop Township, Susquehanna 34. SWN Production Company, LLC,
[Docket No. FMCSA 2015–0508]
County, Pa.; Consumptive Use of Up to Pad ID: Grizzanti Pad, ABR–
2.0000 mgd; Approval Date: May 13, 201108023.R1, New Milford Township, Agency Information Collection
2016. Susquehanna County, Pa.; Consumptive Activities; Extension of a Currently-
22. EOG Resources, Inc., Pad ID: PHC Use of Up to 4.9900 mgd; Approval Approved Collection: Driver
Pad DD, ABR–201103025.R1, Lawrence Date: May 17, 2016. Qualification Files
Township, Clearfield County, Pa.; 35. Talisman Energy USA Inc, Pad ID:
Consumptive Use of Up to 4.9990 mgd; 05 253 Senn W, ABR–201106001.R1, AGENCY: Federal Motor Carrier Safety
Approval Date: May 13, 2016. Windham Township, Bradford County, Administration (FMCSA), DOT.
23. EOG Resources, Inc., Pad ID: PHC Pa.; Consumptive Use of Up to 6.0000 ACTION: Notice and request for
Pad CC, ABR–201103027.R1, Lawrence mgd; Approval Date: May 17, 2016. comments.
Township, Clearfield County, Pa.; 36. Chesapeake Appalachia, LLC, Pad
Consumptive Use of Up to 4.9990 mgd; ID: Alkan, ABR–201110021.R1, Wilmot SUMMARY: In accordance with the
Approval Date: May 13, 2016. Township, Bradford County, Pa.; Paperwork Reduction Act of 1995
24. EOG Resources, Inc., Pad ID: PHC Consumptive Use of Up to 7.5000 mgd; (PRA), FMCSA announces its plan to
Pad BB, ABR–201103028.R1, Lawrence Approval Date: May 25, 2016. submit the Information Collection
Township, Clearfield County, Pa.; 37. Chesapeake Appalachia, LLC, Pad Request (ICR) described below to the
Consumptive Use of Up to 4.9990 mgd; ID: Bodolus, ABR–201111028.R1, Office of Management and Budget
Approval Date: May 13, 2016. Litchfield Township, Bradford County, (OMB) for its review and approval and
25. EOG Resources, Inc., Pad ID: COP Pa.; Consumptive Use of Up to 7.5000 invites public comment. On February
sradovich on DSK3GDR082PROD with NOTICES

Pad S, ABR–201103029.R1, Lawrence mgd; Approval Date: May 25, 2016. 17, 2016, FMCSA published a Federal
Township, Clearfield County, Pa.; 38. Chief Oil & Gas LLC, Pad ID: Register notice announcing an increase
Consumptive Use of Up to 4.9990 mgd; Kuziak Drilling Pad #1, ABR– in the Agency’s estimate of the total
Approval Date: May 13, 2016. 201107028.R1, Fox Township, Sullivan information-collection (IC) burden of
26. EOG Resources, Inc., Pad ID: County, Pa.; Consumptive Use of Up to the driver qualification (DQ)
HOUSER 1H Pad, ABR–201107018.R1, 2.0000 mgd; Approval Date: May 25, regulations. It explained that the
Burlington Township, Bradford County, 2016. Agency’s regulations had not changed,

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44918 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

but the Agency was increasing its Estimated Total Annual Burden: ATA also asked that Agency estimates
estimate of the IC burden to 9.8 million 10.21 million hours. account for the burden of a practice it
hours because both the population of described as common among motor
Background
CMV drivers and the frequency of their carriers. These carriers refer newly-
hiring had increased. Today the Agency The Motor Carrier Safety Act of 1984 hired drivers for medical examination
further increases its burden estimate to [Pub. L. 98–554, Title II, 98 Stat. 2834 even if their current medical certificate
10.21 million hours in response to a (October 30, 1984)] requires the is still valid. This practice triggers the
comment received to that notice. Secretary of Transportation to issue requirement of § 391.51(b)(7)(ii) that
regulations pertaining to commercial motor carriers obtain the results of each
DATES: Please send your comments to
motor vehicle (CMV) safety. These medical examination of its CDL drivers
this notice by August 10, 2016. OMB
regulations are also issued under the from the State Driver Licensing Agency
must receive your comments by this
authority provided by 49 U.S.C. 504, (SDLA). The medical status of CDL
date to act quickly on the ICR.
31133, 31136, and 31502. Part 391 of drivers is a part of the driver’s motor
ADDRESSES: All comments should volume 49 of the Code of Federal vehicle record (MVR) maintained by the
reference Federal Docket Management Regulations contains the minimum SDLA. ATA asked the Agency to
System (FDMS) Docket Number qualifications of drivers of CMVs in account for the burden these carriers
FMCSA–2015–0508. Interested persons interstate commerce. experience obtaining the MVRs of their
are invited to submit written comments Motor carriers may not require or newly-hired CDL drivers. The Agency
on the proposed information collection permit an unqualified driver to operate cannot do so because the burden is not
to the Office of Information and a CMV. The foremost proof of driver cognizable under the PRA. The PRA
Regulatory Affairs, Office of qualification is the information that part requires Agencies to estimate burdens
Management and Budget. Comments 391 requires be collected and imposed by their regulatory
should be addressed to the attention of maintained in the driver qualification
requirements but these medical
the OMB Desk Officer, DOT/FMCSA, file (DQ file). Motor carriers must obtain
examinations of newly hired drivers are
and sent via electronic mail to oira_ this information from sources specified
not required by regulation. These motor
submission@omb.eop.gov, faxed to (202) in the regulations (49 CFR 391.51), such
carriers are voluntarily referring newly-
395–6974, or mailed to the Office of as the driver, previous employers of the
hired CDL drivers for a new medical
Information and Regulatory Affairs, driver, and officials of the State of driver
examination.
Office of Management and Budget, licensure. Motor carriers are not
Docket Library, Room 10102, 725 17th required to forward DQ information to Public Comments Invited
Street NW., Washington, DC 20503. FMCSA, but must maintain the FMCSA requests that you comment
FOR FURTHER INFORMATION CONTACT: Mr. information in a DQ file and make it on any aspect of this information
Robert F. Schultz, FMCSA Driver and available to State and Federal safety
collection, including: (1) Whether the
Carrier Operations Division, DOT, investigators on demand.
proposed collection is necessary for
FMCSA, West Building, 6th Floor, 1200 The Agency is asking OMB to approve
FMCSA’s revised estimate of the FMCSA to perform its functions, (2) the
New Jersey Avenue SE., Washington, accuracy of the estimated burden, (3)
DC 20590. Telephone: 202–366–4325. paperwork burden imposed by its DQ
file regulations. The regulations have ways for the FMCSA to enhance the
Email: MCPSD@dot.gov. quality, usefulness, and clarity of the
not been amended; the information-
SUPPLEMENTARY INFORMATION: collection (IC) burden imposed on collected information, and (4) ways that
Title: Driver Qualification Files. individual drivers and motor carriers by the burden could be minimized without
OMB Control Number: 2126–0004. the regulations is unchanged. However, reducing the quality of the collected
Type of Request: Extension of a the Agency has increased its estimate of information. The agency will summarize
currently-approved information the total IC burden of the DQ-file or include your comments in the request
collection. regulations because both the number of for OMB’s clearance of this information
Respondents: Motor carriers and CMV drivers and the turnover rate in collection.
drivers of commercial motor vehicles. their hiring have increased since the Issued under the authority delegated in 49
Estimated Number of Respondents: Agency’s 2012 estimate of this burden. CFR 1.87 on: June 30, 2016.
6.2 million (5.7 million drivers and .5 The increase in the number of CMV G. Kelly Regal,
million motor carriers. drivers is partly the result of the Agency Associate Administrator, Office of Research
Estimated Time per Response: 35 being directed by OMB to include and Information Technology.
minutes (average). intrastate as well as interstate drivers in [FR Doc. 2016–16313 Filed 7–8–16; 8:45 am]
Expiration Date: July 31, 2016. the population of drivers incurring an IC BILLING CODE 4910–EX–P
Frequency of Response: Responses to burden under the DQ file regulations.
some regulatory requirements of the The Agency had excluded intrastate
driver qualification rules occur on a drivers from a past estimate. DEPARTMENT OF TRANSPORTATION
random basis. Other responses occur The Agency received one comment to
more predictably. Some responses recur; the 60-day Federal Register notice of Maritime Administration
others do not. For example, motor February 17, 2016. The American
carriers are required to obtain and Trucking Associations pointed out that [Docket No. MARAD–2016 0066]
review the motor vehicle driving record FMCSA estimates did not account for
of their drivers from the State of the substantial portion of driver medical Requested Administrative Waiver of
sradovich on DSK3GDR082PROD with NOTICES

licensure. They must complete this task certificates that are not issued for the the Coastwise Trade Laws: Vessel
at the time of hiring and every year maximum two-year period. GAMETIME; Invitation for Public
thereafter. The time-of-hiring Accordingly, FMCSA has adjusted its Comments
requirement results in a random estimate for this element of the burden. AGENCY: Maritime Administration,
frequency of response, but, thereafter, The overall burden, formerly estimated Department of Transportation.
the annual requirement results in a to be 9.8 million hours, is now
ACTION: Notice.
fixed frequency of response. estimated to be 10.21 million hours.

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Document Created: 2016-07-09 00:21:38
Document Modified: 2016-07-09 00:21:38

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 to this notice by August 10, 2016. OMB must receive your comments by this date to act quickly on the ICR.
Contact		Mr. Robert F. Schultz, FMCSA Driver and Carrier Operations Division, DOT, FMCSA, West Building, 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366- 4325. Email: [email protected]
FR Citation		81 FR 44917

81 FR 44917 - Agency Information Collection Activities; Extension of a Currently-Approved Collection: Driver Qualification Files

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 132 (July 11, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration