[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39496-39498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.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 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