[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29480-29484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11890]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0195]


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.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. The FMCSA requests 
approval to revise and renew an ICR entitled, ``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 July 21, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2014-0195 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 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.
    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.gpo.gov/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. Robert Redmond, Office of Safety 
Programs, Commercial Driver's License Division (MC-ESL), Department of 
Transportation, Federal Motor Carrier Safety Administration, West 
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC, 20590-
0001. Telephone: 202-366-5014; email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Background: The licensed drivers in the United States deserve 
reasonable assurance that their fellow motorists are

[[Page 29481]]

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 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 that enabled these 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.
    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 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 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 (Attachment I), 
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 (Attachment J) 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 (SAFETEA-LU), 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,

[[Page 29482]]

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 ``[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 adequate corrective action when fraud 
is discovered; and imposed sanctions against States for noncompliance. 
This Final Rule published on May 9, 2011 includes all of 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 (proposed) 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 the 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, the FMCSA would have no means 
of independently verifying State compliance.
    This request for renewed approval includes one additional 
information collection item: ``Driver completion of knowledge and 
skills tests [49 CFR 384.201].''
    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: 11,410,100 driver respondents and 
17,900.986 State respondents.
    Estimated Time per Response: Drivers: 16.29 minutes per response 
and States: 1.86 minutes per response.
    Expiration Date: August 31, 2014.
    Frequency of Response: Variable.
    Estimated Total Annual Burden: 3,651,867 hours.
    The information collection is comprised of twelve components:
    (1) State Recording of Medical Examiner's Certificate Information: 
Approximately 69% of the 2.96 million interstate CDL holders would 
renew their medical certification every 2 years. Approximately 31% of 
the 2.96 million interstate CDL holders would renew their medical 
certification every year as a condition of a medical variance (i.e., an 
exemption, Skill Performance Evaluation (SPE) certificate or pilot 
program) or their employer requires another examination. It takes 
approximately 2 minutes to record the medical examiner's certificate 
information on the CDLIS driver record.
    FMCSA estimates that there are 657,000 new drivers (5% of the 
current total of 13.14 million active CDL driver records) who would 
obtain a CDL every year and that 74% of these new 657,000 CDL holders, 
or 486,180 new CDL holders would be engaged in interstate commerce.
    The number of existing CDL holders who would need to renew and 
submit a copy of their medical examiner's certificate to the State 
would be 2.96 million CDL holders engaged in interstate commerce. Since 
31% of the 2.96 million interstate CDL holders would need to submit a 
copy of their medical examiner's certificate to the State every year as 
a condition of their medical variance or their new employer requires 
another examination, the total number of renewal submittals (responses) 
for a 2-year cycle would be 3.88 million (2.96 million x 1.31 = 3.88 
million). The annual submittal of medical examiner's certificates to 
the State would be 2.43 million annual responses (3.88 million/2 years 
+ 486,180 new drivers = 2.43 million).
    FMCSA estimates a total of 81,000 annual burden hours (2.43 million 
responses x 2/60 hours = 81,000) for the States to obtain and record 
the medical examiner's certificate information on the CDLIS driver 
record.
    (2) State Recording of the Self Certification of Commercial Motor 
Vehicle (CMV) Operation: All CDL holders would need to have their self-
certification of CMV operation information recorded on their CDLIS 
driver record as either ``non-excepted interstate,'' ``excepted 
interstate,'' `non-excepted intrastate'' or ``excepted intrastate'' 
Only CDL holders subject to part 391 (non-excepted, interstate drivers) 
would be required to submit a medical examiner's certificate to the 
SDLA.
    CDLs are renewed on average every 5 years. It takes approximately 5 
seconds (.083 minutes) for the SDLA to record the medical certification 
status information on the CDLIS driver record.
    FMCSA estimates the annual SDLA recording of self- certification of 
CMV operation information would be 3,285,000 million annual responses 
(13.14 million/5 years + 657,000 million new CDL drivers = 3,285,000).
    FMCSA estimates the SDLA recording of self-certification of CMV 
operation information at a total annual burden of 4,544 hours 
(3,285,000 million responses x .083/60 hours = 4,544 hours).
    (2) State Verification of Medical Certification Status: Only the 
medical certification status information of CDL holders subject to part 
391 must be verified because they are the only drivers required to be 
medically certified.

[[Page 29483]]

    Approximately 2% of active CDLIS driver records are transferred to 
another State each year.
    It takes approximately 5 seconds (.083 minutes) to verify the 
medical certification status information of a CDL driver who operates a 
CMV in interstate commerce.
    FMCSA estimates that the SDLA's annual verification of medical 
certification status information would generate 651,200 annual 
responses [(2,960,000 renewals/5 years) + (.02 x 2,960,000 transfers 
per year) = 651,200).
    FMCSA estimates a total annual burden of 901hours (651,200 x .083/
60 hours = 901) for SDLAs to verify the medical certification status 
information of all interstate CDL drivers.
    (4) Driver Notification of Convictions/Disqualifications to 
Employer: There are approximately 13.14 million active commercial 
driver's license (CDL) driver records. Each driver averages 1 
conviction every 3 years. The estimated number of annual responses is 
4,380,000 (13.14 million CDL drivers/3 = 4.380,000). It takes 
approximately 10 minutes to notify a motor carrier concerning 
convictions and disqualifications. The notification requirement has an 
estimated annual burden of 730,000 burden hours (4,380,000 convictions/
disqualifications x 10/60 hours = 730,000 hours);
    (5) Driver Providing Previous Employment History to New Employer: 
The estimated annual turnover rate of drivers is approximately 14 
percent (%.) There are an estimated 1,839,800 annual responses to this 
requirement (13.14 million CDL holders x .14 annual turnover rate = 
1,839,800). It takes approximately 15 minutes to complete this 
requirement. The employment history requirement has an estimated annual 
burden of 459,950 burden hours (1,839,800 annual responses x 15/60 
hours = 459,950 hours);
    (6) Annual 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 compliance documents. 
The compliance certification requirement has an estimated annual burden 
of 1,632 burden hours (51 responses x 32 hours = 1,632 hours);
    (7) State Preparing For and Participating in Annual Program Review: 
A State CDL program review is conducted every year. There are 51 
responses (50 States and the District of Columbia) to this requirement. 
It takes approximately 40 hours to complete each response with a staff 
of 5 persons. The State annual program review requirement has an 
estimated annual burden of 10,200 burden hours (51 States x 40 hours x 
5 staff = 10.200 hours).
    (8) CDLIS/PDPS/State 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 657,000 new drivers a year (13.14 million 
drivers x .05 = 657,000 new drivers). FMCSA estimates that the average 
amount of time for each record inquiry performed by a State to add a 
new driver is 2 minutes. The new driver requirement has an estimated 
annual burden of 27,900 burden hours (657,000 new drivers x 2/60 = 
27,900 hours).
    The average renewal period is 5 years. There are approximately 
2,628,000 CDLs renewed each year (13.14 million drivers/5 years = 
2,628,000). FMCSA estimates that the average amount of time for each 
record inquiry performed by a State to renew a license is 2 minutes. 
The renewal record inquiry requirement has an estimated annual burden 
of 87,600 burden hours (2,628,000 x 2/60 hours = 87,600 hours).
    Approximately 2 percent of drivers transfer to a new state each 
year. There are 262,800 drivers a year who change their State of 
domicile (13.14 million drivers x .02 = 282,800 drivers). FMCSA 
estimate that the average amount of time for each record inquiry 
performed by a State to change a driver's State of domicile is 2 
minutes. The driver transfer requirement has an estimated annual burden 
of 8.760 burden hours (262,800 transferred drivers x 2/60 hours = 8,760 
hours).
    Each driver averages approximately 1 conviction every three years 
and approximately 25 percent of the convictions result in a 
disqualification. There are 5,475,000 driver convictions and 
disqualifications (13.14 million/3 convictions x 1.25 = 5,475,000). 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 182,500 
burden hours (5,475,000 transactions x 2/60 hours = 182,500 hours).
    Approximately 33 percent of active CDL drivers have a hazardous 
materials endorsement. The average renewal period is approximately 5 
years. There are 867,240 drivers a year renewing a CDL with a hazardous 
materials endorsement (13.14 million drivers x .33/5 years = 867,240 
drivers). The Agency estimates that the average amount of time for each 
citizenship/resident alien status inquiry performed by a State is 2 
minutes. The citizenship/resident alien status inquiry transaction 
requirement has an estimated annual burden of 28,908 burden hours 
(867,240 drivers x 2/60 hours = 28,908 hours).
    The total annual burden hours for these combined collection of 
information activities is 335,668 burden hours (27,900 hours + 87,600 
hours + 8.760 hours + 182,500 hours + 28,908 hours = 335,668 hours).
    (9) Driver Completion of the CDL Application Form: There are 
approximately 657.000 new CDL applicants a year (13.14 million x .05 = 
657,000). It takes approximately 1 minute to complete the CDL part of 
application form. The new applicant CDL application requirement has an 
estimated annual burden of 10,950 burden hours (657,000 applications x 
1/60 hours = 10,950 hours).
    The average CDL renewal period is approximately 5 years. Therefore, 
2,628,000 drivers renew their CDL a year (13.14 million drivers/5 years 
= 2,628.000 drivers). It takes approximately 1 minute for renewal 
drivers to complete the CDL part of application form. The renewal 
driver CDL application form requirement has an estimated annual burden 
of 43,800 burden hours (2,628,000 x 1/60 hours = 43,800 hours).
    Approximately 2 percent of drivers transfer to a new State each 
year. FMCSA estimates that there are 262,800 transfer drivers (13.14 
million x .02 = 262,800). It takes approximately 1 minute for transfer 
drivers to complete the CDL part of application form. The transfer 
driver CDL application form requirement has an estimated annual burden 
of 4,380 hours (262,800 x 1/60 = 4,380).
    The total annual burden hours for these combined collection of 
information activities is 59,130 hours (10,950 hours + 43,800 hours + 
4,380 = 59,130 hours).
    (10) Driver Completion of Knowledge and Skills Tests: FMCSA 
estimates that there are 657,000 new drivers (5% of the current total 
of 13.14 million active CDL driver records) would obtain a CDL every 
year.
    Approximately 25 percent of the applicants fail the CDL knowledge 
and skills tests the first time they take the tests.
    FMCSA estimates that a knowledge test on average takes 45 minutes 
to complete and a skills test on average takes 90 minutes to complete.
    The Agency estimates there are 821,250 knowledge tests completed 
every year (657,000 x 1.25 = 821,250).

[[Page 29484]]

    The Agency estimates the annual burden for taking the knowledge 
test is 615,938 burden hours (821,250 x 45/60 hour/test = 615,938).
    The Agency estimates there are 821,250 skills tests completed every 
year (657,000 x 1.25 = 821,250).
    The Agency estimates the annual burden for taking the skills tests 
is 1,231,875 hours (821,250 x 90/60 hour/test = 1,231,875).
    The total annual burden hours for these combined collection of 
information activities is 1,847,813 burden hours (615,938 hours + 
1,231,875 hours = 1,847,813 hours).
    (11) Knowledge and Skills Test Recordkeeping: There are 
approximately 657.000 new CDL applicants a year (13.14 million x .05 = 
657,000). It takes approximately 2 minute 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 first 
time they take the tests.
    The knowledge test recordkeeping requirement has an estimated 
annual burden of 27,375 burden hours (657,000 applicants x 2/60 hours x 
1.25 = 27,375 hours).
    The skills test recordkeeping requirement has an estimated annual 
burden of 68,438 hours (657,000 applicants x 5/60 hours x 1.25 = 
68,438).
    The total annual burden hours are 95,813 burden hours for these 
combined activities (27,375 + 68,438 = 95,813).
    (12) Knowledge and Skills Test Examiner Certification Based on data 
from the American Association of Motor Vehicle Administrator, FMCSA 
estimates that 2,144 examiners who administer CDL tests.
    Based on a sampling of several State driver licensing agencies 
(SDLA), approximately 25 percent of the examiners will only administer 
the knowledge test. Based on Federal employee experience in developing 
training courses, it is estimated that the initial combined knowledge 
and skills test examiner training will take 40 hours to complete and 
that the initial knowledge-test-only examiner training will take 20 
hours to complete. States will spread the initial training over the 3 
year implementation period.
    Based on Federal employee observation of SDLA licensing activities, 
a criminal background check on an examiner will take approximately 15 
minutes to process and evaluate the results and that average amount of 
time to record results of examiner training, certification and criminal 
background checks is approximately 2 minutes.
    FMCSA estimates the annual burden for examiners to complete the 
initial combined knowledge and skills test training and certification 
is 21,440 burden hours ([.75 x 2,144 examiners/3 years] x 40 hours = 
21,440) and that the annual burden for examiners to complete the 
initial knowledge-test-only training and certification is 3,573 burden 
hours ([.25 x 2,144 examiners/3 years] x 20 hours = 3,573). The total 
annual burden for initial examiner training is 25,013 burden hours 
(21,440 + 3,573 = 25,013).
    FMCSA estimates the annual burden for States to process and 
evaluate criminal background checks is 179 burden hours ([2,144 
examiners/3 years] x 15/60 hours = 179).
    FMCSA estimates the annual burden for States to record results of 
examiner training, certification and criminal background checks is 24 
burden hours ([2,144 examiners/3 years] x 2/60 hours = 24).
    The total annual burden hours for these combined collection of 
information activities is 25,216 burden hours (25,013 hours + 179 hours 
+ 24 hours = 25,216 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: May 14, 2014

G. Kelly Leone,
Associate Administrator for Office of Research and Information 
Technology and Chief Information Officer.
[FR Doc. 2014-11890 Filed 5-21-14; 8:45 am]
BILLING CODE 4910-EX-P