

[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Notices]               
[Page 58926-58929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc07-127]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29250]

 
Agency Information Collection Activities; Revision of an Approved 
Information Collection: OMB Control No. 2126-0011 (Commercial Driver 
Licensing and Test Standards)

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 existing Information Collection 
Request (ICR) described below to the Office of Management and Budget 
(OMB) for review and approval. This information collection is necessary 
to ensure that drivers, motor carriers and the States comply with the 
notification and recordkeeping requirements for information related to 
testing, licensing, violations, convictions and disqualifications and 
that the information is accurate. On July 10, 2007, FMCSA published a 
Federal Register notice allowing for a 60-day comment period on the 
ICR. One comment was received.

DATES: Please send your comments by November 16, 2007. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: You may submit comments to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 Seventeenth 
Street, NW., Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior 
Transportation Specialist, Office of Safety Programs, Commercial 
Driver's License Division, MC-ESL (W65-227), 1200 New Jersey Avenue, 
SE, Washington, DC 20590-0001. Telephone: 202-366-5014; e-mail 
robert.redmond@dot.gov. Office hours are from 9 a.m. to 5:30 p.m., 

e.t., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Commercial Driver Licensing and Test Standards.

[[Page 58927]]

    OMB Control Number: 2126-0011.
    Type of Request: Revision of a currently-approved information 
collection.
    Respondents: Drivers with a commercial driver's license (CDL) and 
State driver licensing agencies.
    Estimated Number of Respondents: 8,332,800 driver respondents and 
7,870,720 State respondents.
    Estimated Time per Response: 5.15 minutes.
    Expiration Date: October 31, 2007.
    Frequency of Response: Variable.
    Estimated Total Annual Burden: 1,391,456 hours.
    The information collection is comprised of seven components:
    (1) Notification of Convictions/Disqualifications: There are 
approximately 11.52 million active commercial driver's license (CDL) 
driver records. Each driver averages 1 conviction every 3 years. The 
estimated number of annual responses = 3,840,000 (11.52 million CDL 
drivers/3 = 3,840,000). It takes approximately 10 minutes to notify a 
motor carrier concerning convictions. The notification requirement has 
an estimated annual burden of 640,000 burden hours (3,840,000 
convictions x 10/60 hours = 640,000 hours);
    (2) Providing Previous Employment History: Estimated annual 
turnover rate of drivers is approximately 14 percent. There are an 
estimated 1,612,800 annual responses to this requirement (11.52 million 
CDL drivers x .14 annual turnover rate = 1,612,800). It takes 
approximately 15 minutes to complete this requirement. The employment 
history requirement has an estimated annual burden of 403,200 hours 
(1,612,800 annual responses x 15/60 hours = 403,200 hours);
    (3) State Certification of Compliance: There are 51 responses (50 
States and the District of Columbia) to this requirement and it takes 
approximately 32 hours to complete each response. The compliance 
certification requirement has an estimated annual burden of 1,632 hours 
(51 responses x 32 hours = 1,632 hours);
    (4) State Compliance Review Documentation: A State CDL compliance 
review is conducted approximately every 3.4 years. There are 15 
responses (51 States/3.4 years = 15 States/year). It takes 
approximately 160 hours to complete each response. The State compliance 
review documentation requirement has an estimated annual burden of 
2,400 hours (15 States x 160 hours = 2,400 hours).
    (5) CDLIS Recordkeeping: Fifty (50) States and the District of 
Columbia are required to enter data into the commercial driver's 
license information system (CDLIS) about operators of CMVs and to 
perform record checks before issuing, renewing, upgrading or 
transferring a CDL.
    There are approximately 576,000 new drivers a year (11.52 million 
drivers x .05 = 576,000 new drivers). We estimate that the average 
amount of time for each CDLIS inquiry performed by a State to add a new 
driver is 2 minutes. The new driver requirement has an estimated annual 
burden of 19,200 hours (576,000 transactions x 2/60 = 19,200 hours).
    There are 230,400 drivers a year who change their State of domicile 
(11.52 million drivers x .02 = 230,400 drivers). We estimate that the 
average amount of time for each CDLIS inquiry performed by a State to 
change a driver's State of domicile is 2 minutes. The State of domicile 
change requirement has an estimated annual burden of 7,680 hours 
(230,400 transactions x 2/60 hours = 7,680 hours).
    Approximately 25 percent of convictions result in a 
disqualification. There are 4,800,000 driver convictions and 
disqualifications (3,840,000 convictions x 1.25 = 4,800,000). We 
estimate that the average amount of time for each transaction performed 
by a State is 2 minutes. The driver conviction/disqualification 
transaction requirement has an estimated annual burden of 160,000 hours 
(4,800,000 transactions x 2/60 hours = 160,000 hours).
    Approximately 33 percent of active CDL drivers have a hazardous 
materials endorsement. The average renewal period is approximately 5 
years. There are 760,320 drivers a year applying for, or renewing, a 
hazardous materials endorsement to their CDL (11.52 million active CDL 
drivers x .33/5 years = 760,320 drivers). We estimate that the average 
amount of time for each citizenship/resident alien status check 
performed by a State is 2 minutes. The citizenship/resident alien 
status check transaction requirement has an estimated annual burden of 
25,344 hours (760,320 transactions x 2/60 hours = 25,344 hours).
    The total burden hours for these combined collection of information 
activities is 212,224 hours (19,200 hours + 7,680 hours + 160,000 hours 
+ 25,344 hours = 212,224 hours).
    (6) CDL Application Form: There are approximately 576,000 new CDL 
applicants a year. It takes approximately 1 minute to complete the CDL 
application. The new applicant CDL application requirement has an 
estimated annual burden of 9,600 hours (576,000 applications x 1 /60 
hours = 9,600 hours).
    The average CDL renewal period is approximately 5 years. Therefore, 
2,304,000 drivers renew their CDL a year (11.52 million active CDL 
drivers/5 years = 2,304,000 drivers). It takes approximately 1 minute 
for renewal drivers to complete the CDL application. The renewal driver 
CDL application requirement has an estimated annual burden of 38,400 
hours (2,304,000 x 1/60 hours = 38,400 hours).
    The total burden hours for these combined collection of information 
activities is 48,000 hours (9,600 hours + 38,400 hours = 48,000 hours).
    (7) Knowledge and Skills Test Recordkeeping: There are 
approximately 576,000 new CDL applicants a year. It takes approximately 
2 minutes to record the results of knowledge tests and 5 minutes for 
the skills tests. Approximately 25 percent of the applicants fail the 
knowledge and skills tests.
    The knowledge test recordkeeping requirement has an estimated 
annual burden of 24,000 hours (576,000 applicants x 2 /60 hours x 1.25 
= 24,000 hours).
    The skills test recordkeeping requirement has an estimated annual 
burden of 60,000 hours (576,000 applicants x 5/60 hours x 1.25 = 
60,000).
    The total burden hours are 84,000 hours for these combined 
activities (24,000 + 60,000 = 84,000).
    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 at Public Law 99-570, Title XII, 
100 Stat. 3207-170), 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 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, only 12 required an applicant to take a skills test in a 
representative vehicle. Equally serious was the problem of drivers 
possessing multiple driver licenses that enabled the commercial motor 
vehicle (CMV) drivers to avoid license suspension for traffic law 
convictions. By spreading their convictions among several States, CMV 
drivers could avoid punishment for their infringements and stay behind 
the wheel.

[[Page 58928]]

    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 requires 
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 ten 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 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 4972) 
implementing 15 of the 16 CDL-related provisions of the Motor Carrier 
Safety Improvement Act of 1999 (MCSIA) (Public Law 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
    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 (Public Law 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.
    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) 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 in order 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 of 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.
    Information submitted by the States will be used by FMCSA to 
determine if individual States are in ``substantial compliance'' with 
section 12009(a) of the CMVSA. The FMCSA reviews information submitted 
by the States and conducts such reviews, audits, and investigations of 
each State once every three years or as it deems necessary to make 
compliance determinations for all States and the District of Columbia. 
If this information were not available, FMCSA would have no means of 
independently verifying State compliance.
    This request for renewed approval includes three additional 
information collection items: (1) ``State completing documents for a 
State-CDL compliance review [49 CFR 384],'' (2) ``CDL Knowledge and 
Skills Tests Recordkeeping [49 CFR 384.202]'' and 3) driver renewals 
under ``Driver Completion of the CDL Application [49 CFR 383.71].''
    Only one comment was received in response to the 60-day notice that 
was published on July 10, 2007 (72 FR 37563). It was in the form of a 
report on covert monitoring of third-party testers from the State of 
North Carolina, Division of Motor Vehicles. The report did not provide 
any information that would affect the information collection burden 
hour estimate.
    Definitions: Under 49 CFR 383.5, a CMV is defined as a motor 
vehicle or combination of motor vehicles which: (a) Has a gross 
combination weight rating of 11,794 or more kilograms (kg) (26,001 or 
more pounds (lbs) inclusive of a towed unit with a gross vehicle weight 
rating (GVWR) of more than 4,536 kg (10,000 lbs); (b) has a GVWR of 
11,794 or more kg (26,001 or more lbs); (c) is designed to transport 16 
or

[[Page 58929]]

more passengers, including the driver; or (d) is of any size and is 
used to transport hazardous materials as hazardous materials are 
defined in 49 CFR 383.5.
    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 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 on: October 11, 2007.
Terry Shelton,
Associate Administrator, Research & Information Technology.
 [FR Doc. E7-20490 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-EX-P
