83 FR 39496 - Agency Information Collection Activities; Revision of an Approved Information Collection Request: Commercial Driver Licensing and Test Standards
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 154 (August 9, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 154 (August 9, 2018)
| Page Range | 39496-39498 | |
| FR Document | 2018-17064 |
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)] [Notices] [Pages 39496-39498] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17064] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0159] Agency Information Collection Activities; Revision of an Approved Information Collection Request: Commercial Driver Licensing and Test Standards AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for information. ----------------------------------------------------------------------- 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 FMCSA requests approval to revise and renew an ICR titled, ``Commercial Driver Licensing and Test Standards,'' due to an increase in the number of commercial driver's license records and the addition of one information collection item: ``Driver completion of knowledge and skills tests 49 CFR 384.201.'' This ICR is needed to ensure that drivers, motor carriers and the States are complying with notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate, complete and transmitted and recorded within certain time periods as required by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended. DATES: We must receive your comments on or before October 9, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA-2126-0011 using any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Fax: 202-493-2251. Mail: Docket Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West building, Ground Floor, Room 12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 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, 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. 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 website. 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. Selden Fritschner, Office of Safety Programs, Commercial Driver's License Division (MC-ESL), Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-366-0677; email: [email protected]. SUPPLEMENTARY INFORMATION: Background: The licensed drivers in the United States deserve reasonable assurance that their fellow motorists are properly qualified to drive the vehicles they operate. Before the Commercial Motor Vehicle Safety Act of 1986 (CMVSA or the Act) Public Law 99-570, Title XII, 100 Stat. 3207-170, codified at 49 U.S.C. chapter 313) was signed by the President on October 27, 1986, 18 States and the District of Columbia authorized any person licensed to drive an automobile to also legally drive a [[Page 39497]] large truck or bus. No special training or special license was required to drive these vehicles, even though it was widely recognized that operation of certain types of vehicles called for special skills, knowledge and training. Even in the 32 States that had a classified driver licensing system in place, only 12 of these States required an applicant to take a skills test in a representative vehicle. Equally serious was the problem of drivers possessing multiple driver licenses. By spreading their convictions among several States, CMV drivers could avoid punishment for their infringements, and stay behind the wheel. The CMVSA addressed these problems. Section 12002 of the Act makes it illegal for a CMV operator to have more than one driver's license. Section 12003 requires the CMV driver conducting operations in commerce to notify both the designated State of licensure official and the driver's employer of any convictions of State or local laws relating to traffic control (except parking tickets). This section also required the promulgation of regulations to ensure each person who applies for employment as a CMV operator to notify prospective employers of all previous employment as a CMV operator for at least the previous 10 years. In section 12005 of the Act, the Secretary of Transportation (Secretary) is required to develop minimum Federal standards for testing and licensing of operators of CMVs. Section 12007 of the Act also directs the Secretary, in cooperation with the States, to develop a clearinghouse to aid the States in implementing the one driver, one license, and one driving record requirement. This clearinghouse is known as the Commercial Driver's License Information System (CDLIS). The CMVSA further requires each person who has a CDL suspended, revoked or canceled by a State, or who is disqualified from operating a CMV for any period, to notify his or her employer of such actions. Drivers of CMVs must notify their employers within 1 business day of being notified of the license suspension, revocation, and cancellation, or of the lost right to operate or disqualification. These requirements are reflected in 49 CFR part 383, titled ``Commercial Driver's License Standards; Requirements and Penalties.'' Specifically, section 383.21 prohibits a person from having more than one license; Section 383.31 requires notification of convictions for driver violations; section 383.33 requires notification of driver's license suspensions; section 383.35 requires notification of previous employment; and section 383.37 outlines employer responsibilities. Section 383.111 requires the passing of a knowledge test by the driver and section 383.113 requires the passing of a skills test by the driver; section 383.115 contains the requirement for the double/triple trailer endorsement, section 383.117 contains the requirement for the passenger endorsement, section 383.119 contains the requirement for the tank vehicle endorsement and section 383.121 contains the requirement for the hazardous materials endorsement. Section 12011 of the CMVSA states that the Secretary shall withhold a portion of the Federal-aid highway funds apportioned to a State if the State does not substantially comply with the requirements in section 12009(a) of the Act. The information gathered during State compliance reviews is used to determine whether States are complying with these requirements. A final rule was published on July 31, 2002 (67 FR 49742) implementing 15 of the 16 CDL related provisions of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748 (Dec. 9, 1999)) that were designed to enhance the safety of drivers on our nation's highways by ensuring that only safe drivers operate CMVs. These new requirements are contained in 49 CFR part 383 and include: Five new major and serious disqualifying offenses (section 383.51): Non-CMV disqualifying offenses by a CDL holder (section 383.51); disqualification of drivers determined to be an imminent hazard (section 383.52); a new school bus endorsement (section 383.123); a prohibition on issuing a hardship license to operate a CMV while under suspension (section 384.210); a prohibition on masking convictions (section 384.226); and various requirements for transmitting, posting and retaining driver convictions and disqualification records. A Final Rule was published on December 1, 2008 (73 FR 73096) that implemented the 16th CDL related provision of MCSIA, the merging of the medical certification and CDL issuing processes. An interim final rule (IFR) was published on May 5, 2003 (68 FR 23844) as a companion rule to the Transportation Security Administration's (TSA's) May 5, 2003 IFR implementing section 1012 of the USA PATRIOT Act (Pub. L. 107-56) on security threat assessments for drivers applying for or renewing a CDL with a hazardous materials endorsement. While TSA set the requirements in their rule; FMCSA has the responsibility as part of the CDL testing and issuance process to ensure that States are in compliance with the TSA requirements. Section 4019 of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. June 8, 1999, requires the Secretary of Transportation to review the procedures established and implemented by the States under 49 U.S.C. 31305 for CDL knowledge and skills testing to determine whether the current testing system is an accurate measure and reflection of an individual's knowledge and skills to operate a CMV. The results of this review were incorporated into the new ``2005 CDL Test System.'' A final rule was published on May 9, 2011, that requires the use of a State Testing System that is comparable to the 2005 CDL Test System. Section 4122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59, August 10, 2005, requires the Department of Transportation (DOT) to prescribe regulations on minimum uniform standards for the issuance of commercial learner's permits (CLPs), as it has already done for CDLs [49 U.S.C. 31308]. More specifically, section 4122 provides that an applicant for a CLP must first pass a knowledge test which complies with minimum standards prescribed by the Secretary and may have only one CLP at a time; that the CLP document must have the same information and security features as the CDL; and that the data on each CLP holder must be added to the driver's record in CDLIS. The Final Rule published on May 9, 2011 also includes each of those requirements. Section 703 of the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 109-347, October 13, 2006, requires the Secretary of Transportation to promulgate regulations implementing the recommendations in a memorandum issued by the DOT's Office of the Inspector General (OIG) on June 4, 2004, concerning verification of the legal status of commercial drivers, as well as the recommendations in a report issued by the OIG on February 7, 2006, titled ``Oversight of the Commercial Driver's License Program'' dealing with steps needed to improve anti-fraud measures in the CDL program. The specific recommendations include: The establishment of a legal presence requirement for CDL issuance; declaring a State out of substantial compliance with the CDL requirements if the State fails to impose adequate internal controls to detect and help prevent fraud in the CDL program or fails to take [[Page 39498]] adequate corrective action when fraud is discovered; and imposed sanctions against States for noncompliance. This Final Rule published on May 9, 2011 includes all the OIG's recommendations. Many of the operational procedures suggested by the OIG for carrying out the recommendations have also been adopted. This information collection supports the DOT Strategic Goal of Safety by requiring that drivers of CMVs are properly licensed according to all applicable Federal requirements. The 10-year employment history information supplied by the CDL holder to the employer upon application for employment (49 CFR 383.35) is used to assist the employer in meeting his/her responsibilities to ensure that the applicant does not have a history of high safety risk behavior. State officials use the information collected on the license application form (49 CFR 383.71), the medical certificate information that is posted to the driving record and the conviction and disqualification data posted to the driving record (49 CFR 383.73) to prevent unqualified and/or disqualified CDL holders from operating CMVs on the nation's highways. State officials are also required to administer knowledge and skills tests to CDL driver applicants (49 CFR 384.202). The driver applicant is required to correctly answer at least 80 percent of the questions on each knowledge test to achieve a passing score on that test. To achieve a passing score on the skills test, the driver applicant must demonstrate that he/she can successfully perform all the skills listed in the regulations. During State CDL compliance reviews, FMCSA officials review this information to ensure that the provisions of the regulations are being carried out. Without the aforementioned requirements, there would be no uniform control over driver licensing practices to prevent unqualified and/or disqualified drivers from being issued a CDL and to prevent unsafe drivers from spreading their convictions among several licenses in several States and remaining behind the wheel of a CMV. Failure to collect this information would render the regulations unenforceable. This request for renewed approval includes one additional information collection item: ``Driver completion of knowledge and skills tests [49 CFR 384.201].'' This section is added as a result of a new requirement for States to assure the testing of commercial learner's permits follow a standardized testing procedure. Title: Commercial Driver Licensing and Test Standards. OMB Number: 2126-0011. Type of Request: Revision of a currently-approved information collection. Respondents: Drivers with a commercial learner's permit (CLP) or commercial driver's license (CDL) and State driver licensing agencies. Estimated Number of Respondents: 7,364,972 driver respondents and 4,746 State respondents. Estimated Time per Response: Varies. Expiration Date: October 31, 2018. Frequency of Response: Varies. Estimated Total Annual Burden: 2,825,503 hours, which is the total of four tasks for CDL drivers (2,403,248 hours), added to a total of eight tasks for State driver licensing agency CDL activities (422,255 hours). Information collection tasks and associated burden hours are as follows: IC-1.1 Driver Notification of Convictions/Disqualifications to Employer: 473,577 hours IC-1.2 Driver Providing Previous Employment History to New Employer: 297,758 hours IC-1.3 Driver Completion of the CDL Application Form: 40,719 hours IC-1.4 Driver Completion of Knowledge and Skills Tests: 1,591,194 hours IC-2.1 State Recording of Medical Examiner's Certificate Information: 80,344 hours IC-2.2 State Recording of the Self Certification of Commercial Motor Vehicle (CMV) Operation: 3,018 hours IC-2.3 State Verification of Medical Certification Status: 3,180 IC-2.4 Annual State Certification of Compliance: 1,632 hours IC-2.5 State Preparing for and Participating in Annual Program Review: 10,200 hours IC-2.6 CDLIS/PDPS/State Recordkeeping: 214,548 hours IC-2.7 Knowledge and Skills Test Recordkeeping: 82,034 hours IC-2.8 Knowledge and Skills Test Examiner Certification: 27,299 hours Definitions: Under 49 CFR 383.5: 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-- (1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (3) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of hazardous materials as defined in this section. Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the performance of FMCSA's functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. 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: August 2, 2018. Kelly Regal, Associate Administrator, Office of Research and Information Technology. [FR Doc. 2018-17064 Filed 8-8-18; 8:45 am] BILLING CODE 4910-EX-P
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unproductive, as the company must DEPARTMENT OF TRANSPORTATION number. For detailed instructions on
incur added expense to send the driver submitting comments, see the Public
to his or her home State to collect a CDL Federal Motor Carrier Safety Participation heading below. Note that
document. Under the rule, the driver is Administration all comments received will be posted
not only unable to utilize newly without change to http://
[Docket No. FMCSA–2018–0159]
acquired driving skills, but must also www.regulations.gov, including any
forego compensation before obtaining a Agency Information Collection personal information provided. Please
CDL. CRST believes that FMCSA should Activities; Revision of an Approved see the Privacy Act heading below.
renew the exemption for an additional Information Collection Request: Docket: For access to the docket to
5-year period because it results in safer Commercial Driver Licensing and Test read background documents or
drivers. It allows CRST to foster a more Standards comments received, go to http://
productive and efficient training www.regulations.gov and follow the
environment by allowing CLP holders to AGENCY: Federal Motor Carrier Safety online instructions for accessing the
hone their recently acquired driving Administration (FMCSA), DOT. dockets, or go to the street address listed
skills through on-the job-training and to ACTION: Notice and request for above.
begin earning an income right away, information. Privacy Act: Anyone is able to search
producing immediate benefits for the the electronic form of all comments
driver, the carrier, and the economy as SUMMARY: In accordance with the received into any of our dockets by the
a whole. Paperwork Reduction Act of 1995, name of the individual submitting the
FMCSA announces its plan to submit comment (or signing the comment, if
IV. Method To Ensure an Equivalent or the Information Collection Request (ICR) submitted on behalf of an association,
Greater Level of Safety described below to the Office of business, labor union, etc.). You may
CRST states that the exemption does Management and Budget (OMB) for its review DOT’s complete Privacy Act
not negatively affect safety outcomes. review and approval and invites public Statement for the Federal Docket
Instead, the exemption allows drivers comment. The FMCSA requests Management System published in the
trained out-of-State to obtain on-the-job approval to revise and renew an ICR Federal Register on January 17, 2008
experience in CRST’s comprehensive titled, ‘‘Commercial Driver Licensing (73 FR 3316), or you may visit http://
training program while avoiding and Test Standards,’’ due to an increase edocket.access.gpo.gov/2008/pdfE8-
significant delays and skill degradation. in the number of commercial driver’s 794.pdf.
The exemption creates immediate license records and the addition of one Public Participation: The Federal
economic and safety benefits for both information collection item: ‘‘Driver eRulemaking Portal is available 24
the CLP holders and CRST—drivers completion of knowledge and skills hours each day, 365 days each year. You
earn an income as part of a team tests 49 CFR 384.201.’’ This ICR is can obtain electronic submission and
operation while improving their driver needed to ensure that drivers, motor retrieval help and guidelines under the
skills and gaining valuable experience. carriers and the States are complying ‘‘help’’ section of the Federal
CRST indicated in its renewal with notification and recordkeeping eRulemaking Portal website. If you want
application that data show that drivers requirements for information related to us to notify you that we received your
utilizing the exemption demonstrated testing, licensing, violations, comments, please include a self-
better safety outcomes than non-exempt convictions and disqualifications and addressed, stamped envelope or
drivers. Through the end of 2016, CRST that the information is accurate, postcard, or print the acknowledgement
reported zero accidents to FMCSA complete and transmitted and recorded page that appears after submitting
involving drivers utilizing the within certain time periods as required comments online. Comments received
exemption. by the Commercial Motor Vehicle Safety after the comment closing date will be
Act of 1986 (CMVSA), as amended. included in the docket and will be
In the June 12, 2017, Federal Register,
DATES: We must receive your comments considered to the extent practicable.
FMCSA granted the renewal of a similar
exemption from 49 CFR 383.25(a)(1) to on or before October 9, 2018. FOR FURTHER INFORMATION CONTACT: Mr.
C.R. England, Inc. (C.R. England) for a ADDRESSES: You may submit comments Selden Fritschner, Office of Safety
five-year period. Under the terms and identified by Federal Docket Programs, Commercial Driver’s License
conditions of that exemption, a CLP Management System (FDMS) Docket Division (MC–ESL), Federal Motor
holder who has documentation of Number FMCSA–2126–0011 using any Carrier Safety Administration, West
passing the CDL skills test may drive a of the following methods: Building 6th Floor, 1200 New Jersey
CMV for C.R. England without being • Federal eRulemaking Portal: http:// Avenue SE, Washington, DC 20590–
accompanied by a CDL holder in the www.regulations.gov. Follow the online 0001. Telephone: 202–366–0677; email:
front seat. The Agency believed that instructions for submitting comments. selden.fritschner@dot.gov.
C.R. England’s request for exemption • Fax: 202–493–2251. SUPPLEMENTARY INFORMATION:
would achieve a level of safety that is • Mail: Docket Operations; U.S. Background: The licensed drivers in
equivalent to, or greater than, the level Department of Transportation, 1200 the United States deserve reasonable
of safety achieved without the New Jersey Avenue SE, West Building, assurance that their fellow motorists are
exemption (82 FR 26975). Ground Floor, Room W12–140, properly qualified to drive the vehicles
A copy of CRST’s application for Washington, DC 20590–0001. they operate. Before the Commercial
• Hand Delivery or Courier: West Motor Vehicle Safety Act of 1986
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exemption renewal is available for
review in the docket for this notice. building, Ground Floor, Room 12–140, (CMVSA or the Act) Public Law 99–570,
1200 New Jersey Avenue SE, Title XII, 100 Stat. 3207–170, codified at
Issued on: August 2, 2018. Washington, DC, between 9:00 a.m. and 49 U.S.C. chapter 313) was signed by
Larry W. Minor, 5:00 p.m., e.t., Monday through Friday, the President on October 27, 1986, 18
Associate Administrator for Policy. except Federal holidays. States and the District of Columbia
[FR Doc. 2018–17063 Filed 8–8–18; 8:45 am] Instructions: All submissions must authorized any person licensed to drive
BILLING CODE 4910–EX–P include the Agency name and docket an automobile to also legally drive a
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large truck or bus. No special training or suspensions; section 383.35 requires rule; FMCSA has the responsibility as
special license was required to drive notification of previous employment; part of the CDL testing and issuance
these vehicles, even though it was and section 383.37 outlines employer process to ensure that States are in
widely recognized that operation of responsibilities. Section 383.111 compliance with the TSA requirements.
certain types of vehicles called for requires the passing of a knowledge test Section 4019 of the Transportation
special skills, knowledge and training. by the driver and section 383.113 Equity Act for the 21st Century (TEA–
Even in the 32 States that had a requires the passing of a skills test by 21), Public Law 105–178, 112 Stat. June
classified driver licensing system in the driver; section 383.115 contains the 8, 1999, requires the Secretary of
place, only 12 of these States required requirement for the double/triple trailer Transportation to review the procedures
an applicant to take a skills test in a endorsement, section 383.117 contains established and implemented by the
representative vehicle. Equally serious the requirement for the passenger States under 49 U.S.C. 31305 for CDL
was the problem of drivers possessing endorsement, section 383.119 contains knowledge and skills testing to
multiple driver licenses. By spreading the requirement for the tank vehicle determine whether the current testing
their convictions among several States, endorsement and section 383.121 system is an accurate measure and
CMV drivers could avoid punishment contains the requirement for the reflection of an individual’s knowledge
for their infringements, and stay behind hazardous materials endorsement. and skills to operate a CMV. The results
the wheel. Section 12011 of the CMVSA states of this review were incorporated into
The CMVSA addressed these that the Secretary shall withhold a the new ‘‘2005 CDL Test System.’’ A
problems. Section 12002 of the Act portion of the Federal-aid highway final rule was published on May 9,
makes it illegal for a CMV operator to funds apportioned to a State if the State 2011, that requires the use of a State
have more than one driver’s license. does not substantially comply with the Testing System that is comparable to the
Section 12003 requires the CMV driver requirements in section 12009(a) of the 2005 CDL Test System.
conducting operations in commerce to Act. The information gathered during Section 4122 of the Safe, Accountable,
notify both the designated State of State compliance reviews is used to Flexible, Efficient Transportation Equity
licensure official and the driver’s determine whether States are complying Act: A Legacy for Users, Public Law
employer of any convictions of State or with these requirements. 109–59, August 10, 2005, requires the
local laws relating to traffic control A final rule was published on July 31, Department of Transportation (DOT) to
(except parking tickets). This section 2002 (67 FR 49742) implementing 15 of prescribe regulations on minimum
also required the promulgation of the 16 CDL related provisions of the uniform standards for the issuance of
regulations to ensure each person who Motor Carrier Safety Improvement Act commercial learner’s permits (CLPs), as
applies for employment as a CMV of 1999 (MCSIA) (Pub. L. 106–159, 113 it has already done for CDLs [49 U.S.C.
operator to notify prospective employers Stat. 1748 (Dec. 9, 1999)) that were 31308]. More specifically, section 4122
of all previous employment as a CMV designed to enhance the safety of provides that an applicant for a CLP
operator for at least the previous 10 drivers on our nation’s highways by must first pass a knowledge test which
years. ensuring that only safe drivers operate complies with minimum standards
In section 12005 of the Act, the CMVs. These new requirements are prescribed by the Secretary and may
Secretary of Transportation (Secretary) contained in 49 CFR part 383 and have only one CLP at a time; that the
is required to develop minimum Federal include: Five new major and serious CLP document must have the same
standards for testing and licensing of disqualifying offenses (section 383.51): information and security features as the
operators of CMVs. Non-CMV disqualifying offenses by a CDL; and that the data on each CLP
Section 12007 of the Act also directs CDL holder (section 383.51); holder must be added to the driver’s
the Secretary, in cooperation with the disqualification of drivers determined to record in CDLIS. The Final Rule
States, to develop a clearinghouse to aid be an imminent hazard (section 383.52); published on May 9, 2011 also includes
the States in implementing the one a new school bus endorsement (section each of those requirements.
driver, one license, and one driving 383.123); a prohibition on issuing a Section 703 of the Security and
record requirement. This clearinghouse hardship license to operate a CMV Accountability for Every Port Act of
is known as the Commercial Driver’s while under suspension (section 2006 (SAFE Port Act), Public Law 109–
License Information System (CDLIS). 384.210); a prohibition on masking 347, October 13, 2006, requires the
The CMVSA further requires each convictions (section 384.226); and Secretary of Transportation to
person who has a CDL suspended, various requirements for transmitting, promulgate regulations implementing
revoked or canceled by a State, or who posting and retaining driver convictions the recommendations in a memorandum
is disqualified from operating a CMV for and disqualification records. issued by the DOT’s Office of the
any period, to notify his or her employer A Final Rule was published on Inspector General (OIG) on June 4, 2004,
of such actions. Drivers of CMVs must December 1, 2008 (73 FR 73096) that concerning verification of the legal
notify their employers within 1 business implemented the 16th CDL related status of commercial drivers, as well as
day of being notified of the license provision of MCSIA, the merging of the the recommendations in a report issued
suspension, revocation, and medical certification and CDL issuing by the OIG on February 7, 2006, titled
cancellation, or of the lost right to processes. ‘‘Oversight of the Commercial Driver’s
operate or disqualification. These An interim final rule (IFR) was License Program’’ dealing with steps
requirements are reflected in 49 CFR published on May 5, 2003 (68 FR 23844) needed to improve anti-fraud measures
part 383, titled ‘‘Commercial Driver’s as a companion rule to the in the CDL program. The specific
Transportation Security recommendations include: The
sradovich on DSK3GMQ082PROD with NOTICES
License Standards; Requirements and
Penalties.’’ Administration’s (TSA’s) May 5, 2003 establishment of a legal presence
Specifically, section 383.21 prohibits IFR implementing section 1012 of the requirement for CDL issuance; declaring
a person from having more than one USA PATRIOT Act (Pub. L. 107–56) on a State out of substantial compliance
license; Section 383.31 requires security threat assessments for drivers with the CDL requirements if the State
notification of convictions for driver applying for or renewing a CDL with a fails to impose adequate internal
violations; section 383.33 requires hazardous materials endorsement. controls to detect and help prevent
notification of driver’s license While TSA set the requirements in their fraud in the CDL program or fails to take
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adequate corrective action when fraud is Title: Commercial Driver Licensing (2) Has a gross vehicle weight rating
discovered; and imposed sanctions and Test Standards. or gross vehicle weight of 11,794 or
against States for noncompliance. This OMB Number: 2126–0011. more kilograms (26,001 pounds or
Final Rule published on May 9, 2011 Type of Request: Revision of a more), whichever is greater; or
includes all the OIG’s currently-approved information (3) Is designed to transport 16 or more
recommendations. Many of the collection. passengers, including the driver; or
operational procedures suggested by the Respondents: Drivers with a (4) Is of any size and is used in the
OIG for carrying out the commercial learner’s permit (CLP) or transportation of hazardous materials as
recommendations have also been commercial driver’s license (CDL) and defined in this section.
adopted. State driver licensing agencies. Hazardous materials means any
This information collection supports Estimated Number of Respondents: material that has been designated as
the DOT Strategic Goal of Safety by 7,364,972 driver respondents and 4,746 hazardous under 49 U.S.C. 5103 and is
requiring that drivers of CMVs are State respondents. required to be placarded under subpart
properly licensed according to all Estimated Time per Response: Varies. F of 49 CFR part 172 or any quantity of
applicable Federal requirements. Expiration Date: October 31, 2018. a material listed as a select agent or
The 10-year employment history Frequency of Response: Varies. toxin in 42 CFR part 73.
information supplied by the CDL holder Estimated Total Annual Burden: Public Comments Invited: You are
to the employer upon application for 2,825,503 hours, which is the total of asked to comment on any aspect of this
employment (49 CFR 383.35) is used to four tasks for CDL drivers (2,403,248 information collection, including: (1)
assist the employer in meeting his/her hours), added to a total of eight tasks for Whether the proposed collection is
responsibilities to ensure that the State driver licensing agency CDL necessary for the performance of
applicant does not have a history of activities (422,255 hours). FMCSA’s functions; (2) the accuracy of
high safety risk behavior. Information collection tasks and the estimated burden; (3) ways for
State officials use the information associated burden hours are as follows: FMCSA to enhance the quality,
collected on the license application usefulness, and clarity of the collected
form (49 CFR 383.71), the medical IC–1.1 Driver Notification of
Convictions/Disqualifications to information; and (4) ways that the
certificate information that is posted to burden could be minimized without
the driving record and the conviction Employer: 473,577 hours
IC–1.2 Driver Providing Previous reducing the quality of the collected
and disqualification data posted to the information. The agency will summarize
driving record (49 CFR 383.73) to Employment History to New
Employer: 297,758 hours or include your comments in the request
prevent unqualified and/or disqualified for OMB’s clearance of this information
CDL holders from operating CMVs on IC–1.3 Driver Completion of the CDL
Application Form: 40,719 hours collection.
the nation’s highways. State officials are
IC–1.4 Driver Completion of Knowledge Issued under the authority of 49 CFR 1.87
also required to administer knowledge on: August 2, 2018.
and skills tests to CDL driver applicants and Skills Tests: 1,591,194 hours
IC–2.1 State Recording of Medical Kelly Regal,
(49 CFR 384.202). The driver applicant
is required to correctly answer at least Examiner’s Certificate Information: Associate Administrator, Office of Research
80,344 hours and Information Technology.
80 percent of the questions on each
knowledge test to achieve a passing IC–2.2 State Recording of the Self [FR Doc. 2018–17064 Filed 8–8–18; 8:45 am]
score on that test. To achieve a passing Certification of Commercial Motor BILLING CODE 4910–EX–P
score on the skills test, the driver Vehicle (CMV) Operation: 3,018 hours
applicant must demonstrate that he/she IC–2.3 State Verification of Medical
Certification Status: 3,180 DEPARTMENT OF TRANSPORTATION
can successfully perform all the skills
listed in the regulations. During State IC–2.4 Annual State Certification of
Compliance: 1,632 hours Federal Motor Carrier Safety
CDL compliance reviews, FMCSA Administration
officials review this information to IC–2.5 State Preparing for and
ensure that the provisions of the Participating in Annual Program [Docket No. FMCSA–2018–0246]
regulations are being carried out. Review: 10,200 hours
Without the aforementioned IC–2.6 CDLIS/PDPS/State Hours of Service of Drivers: HEPACO,
requirements, there would be no Recordkeeping: 214,548 hours LLC; Heritage Environmental Services,
uniform control over driver licensing IC–2.7 Knowledge and Skills Test LLC; Lewis Environmental, Inc.; and
practices to prevent unqualified and/or Recordkeeping: 82,034 hours Moran Environmental Recovery, LLC;
disqualified drivers from being issued a IC–2.8 Knowledge and Skills Test Application for Exemption
CDL and to prevent unsafe drivers from Examiner Certification: 27,299 hours AGENCY: Federal Motor Carrier Safety
spreading their convictions among Definitions: Under 49 CFR 383.5: Administration (FMCSA), DOT.
several licenses in several States and Commercial motor vehicle (CMV) ACTION: Notice of application for
remaining behind the wheel of a CMV. means a motor vehicle or combination exemption; request for comments.
Failure to collect this information of motor vehicles used in commerce to
would render the regulations transport passengers or property if the SUMMARY: FMCSA announces that it has
unenforceable. motor vehicle— received a joint application from
This request for renewed approval (1) Has a gross combination weight HEPACO, LLC; Heritage Environmental
includes one additional information rating or gross combination weight of Services, LLC; Lewis Environmental,
sradovich on DSK3GMQ082PROD with NOTICES
collection item: ‘‘Driver completion of 11,794 kilograms or more (26,001 Inc.; and Moran Environmental
knowledge and skills tests [49 CFR pounds or more), whichever is greater, Recovery, LLC, for exemption from the
384.201].’’ This section is added as a inclusive of a towed unit(s) with a gross hours-of-service (HOS) regulations for
result of a new requirement for States to vehicle weight rating or gross vehicle drivers engaged in providing direct
assure the testing of commercial weight of more than 4,536 kilograms assistance in environmental
learner’s permits follow a standardized (10,000 pounds), whichever is greater; emergencies or potential environmental
testing procedure. or emergencies. The applicants request a
VerDate Sep<11>2014 18:11 Aug 08, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1](https://thefederalregister.org/doc/83_FR_39650/page/3.svg)
Document Created: 2018-08-09 01:11:01
Document Modified: 2018-08-09 01:11:01
| 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 information. | |
| Dates | We must receive your comments on or before October 9, 2018. | |
| Contact | Mr. Selden Fritschner, Office of Safety Programs, Commercial Driver's License Division (MC-ESL), Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-366-0677; email: [email protected] | |
| FR Citation | 83 FR 39496 |
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