30-day Federal Register Notice

PRA-2126-0028-30dayFR.PUB.112112.pdf

Training Certification for Entry-Level Commercial Motor Vehicle Operators

30-day Federal Register Notice

OMB: 2126-0028

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69916

Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices

state, passport number/country, or U.S.
government ID number/agency or
military ID number/branch), and
relevant telephone numbers. If you
cannot provide one of the specified
forms of ID, please consult with Colby
Prevost for acceptable alternative forms
of picture identification.
In addition, any requests for
reasonable accommodation should be
made no later than December 4 for the
December 11th meeting. Requests for
reasonable accommodation received
after those dates will be considered, but
might be impossible to fulfill.
Personal data is requested pursuant to
Public Law 99–399 (Omnibus
Diplomatic Security and Antiterrorism
Act of 1986), as amended; Public Law
107–56 (USA PATRIOT Act); and
Executive Order 13356. The purpose of
the collection is to validate the identity
of individuals who enter Department
facilities. The data will be entered into
the Visitor Access Control System
(VACS–D) database. Please see the
Security Records System of Records
Notice (State-36) at http://
www.state.gov/documents/organization/
103419.pdf, for additional information.
Questions concerning the meeting
should be directed to Stephen P.
Randolph, Executive Secretary,
Advisory Committee on Historical
Diplomatic Documentation, Department
of State, Office of the Historian,
Washington, DC 20520, telephone (202)
663–1123, (email history@state.gov).
Dated: November 13, 2012
Stephen P. Randolph,
Executive Secretary, Advisory Committee on
Historical, Diplomatic Documentation,
Department of State.
[FR Doc. 2012–28324 Filed 11–20–12; 8:45 am]
BILLING CODE 4710–11–P

STATE JUSTICE INSTITUTE
SJI Board of Directors Meeting; Notice
State Justice Institute.
ACTION: Notice of meeting.
AGENCY:

The SJI Board of Directors
will be meeting on Monday, December
10, 2012 at 9:30 a.m. The meeting will
be held at the New Mexico Supreme
Court, in Santa Fe, New Mexico. The
purpose of this meeting is to consider
grant applications for the 1st quarter of
FY 2013, and other business. All
portions of this meeting are open to the
public.
ADDRESSES: New Mexico Supreme
Court, 237 Don Gaspar Ave., Santa Fe,
NM 87501, 505–827–4860.
FOR FURTHER INFORMATION CONTACT:
Jonathan Mattiello, Executive Director,

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State Justice Institute, 11951 Freedom
Drive, Suite 1020, Reston, VA 20190,
571–313–8843, contact@sji.gov.
Jonathan D. Mattiello,
Executive Director.
[FR Doc. 2012–28294 Filed 11–20–12; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Aviation Rulemaking Advisory
Committee; Meeting
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of meeting.
AGENCY:

The FAA is issuing this notice
to advise the public of a meeting of the
Aviation Rulemaking Advisory
Committee.

SUMMARY:

The meeting will be held on
December 6, 2012, at 1:00 p.m.
ADDRESSES: The meeting will take place
at the Federal Aviation Administration,
800 Independence Avenue SW.,
Washington, DC 20591, 8th floor,
Conference Room 8 A/B/C.
FOR FURTHER INFORMATION CONTACT:
Renee Butner, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591,
telephone (202) 267–5093; fax (202)
267–5075; email Renee.Butner@faa.gov.
SUPPLEMENTARY INFORMATION: Under
section 10(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App. 2), we are
giving notice of a meeting of the
Aviation Rulemaking Advisory
Committee taking place on December 6,
2012, at the Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591.
The Agenda includes:
DATES:

1. FACA Overview
2. ARAC Charter and Member Expectations
3. Recommendation Reports
a. Rulemaking Prioritization Working
Group (RPWG) Recommendation Report
(ARAC)
b. Avionics Systems Harmonization
Working Group—Low Speed Alerting, Phase
2 Recommendation Report (TAE)
4. Status Reports From Active Working
Groups
a. Airman Testing Standards and Training
Working Group (ARAC)
b. Flight Controls Harmonization Working
Group (TAE)
c. Airworthiness Assurance Working
Group (TAE)
5. New Tasks
a. Engine Bird Ingestions Requirements—
Revision of Section 33.76
b. Transport Airplane Performance and
Handling Characteristics

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6. Status Report from the FAA
a. Process Improvement Working Group
(PIWG)

Attendance is open to the interested
public but limited to the space
available. The FAA will arrange
teleconference service for individuals
wishing to join in by teleconference if
we receive notice by November 29.
Arrangements to participate by
teleconference can be made by
contacting the person listed in the FOR
FURTHER INFORMATION CONTACT section.
Callers outside the Washington
metropolitan area are responsible for
paying long-distance charges.
The public must arrange by November
29 to present oral statements at the
meeting. The public may present
written statements to the Aviation
Rulemaking Advisory Committee by
providing 25 copies to the Designated
Federal Officer, or by bringing the
copies to the meeting.
If you are in need of assistance or
require a reasonable accommodation for
this meeting, please contact the person
listed under the heading FOR FURTHER
INFORMATION CONTACT.
Issued in Washington, DC, on November
15, 2012.
Lirio Liu,
Designated Federal Officer, Aviation
Rulemaking Advisory Committee.
[FR Doc. 2012–28292 Filed 11–20–12; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0129]

Agency Information Collection
Activities; Extension of an Approved
Information Collection Request;
Training Certification for Entry-Level
Commercial Motor Vehicle Operators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

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. On May 17, 2012,
FMCSA published a Federal Register
notice allowing for a 60-day comment
period on the ICR. The agency received
no comments in response to this notice.
DATES: Please send your comments by
December 21, 2012. OMB must receive
SUMMARY:

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Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices
your comments by this date to act
quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2012–0129. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to
oria_submission@omb.eop.gov, or faxed
to (202) 395–6974, or mailed to the
Office Information and Regulatory
Affairs, Office of Management and
Budget, docket Library, Room 10102,
725 17th Street NW., Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Office of Bus and
Truck Standards and Operations, U.S.
Department of Transportation, Federal
Motor Carrier Safety Administration,
6th Floor, West Building, 1200 New
Jersey Avenue SE., Washington, DC,
20590–0001. Telephone: 202–366–4325.
Email: MCPSD@dot.gov. Office hours
are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators.
OMB Control Number: 2126–0028.
Type of Request: Extension of a
currently-approved ICR.
Respondents: Entry-level CDL drivers.
Estimated Number of Respondents:
397,500.
Estimated Time per Response: 10
minutes.
Expiration Date: November 30, 2012.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
66,250 hours. FMCSA estimates that an
entry-level driver requires
approximately 10 minutes to complete
the tasks necessary to comply with the
regulation. Those tasks are
photocopying the training certificate,
giving the photocopy to the motor
carrier employer, and placing the
original of the certificate in a personal
file. Therefore, the annual burden for all
entry-level drivers is 66,250 hours
[397,500 × 10/60 minutes to respond =
66,250 hours].
Background
The Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. 31301 et seq.)

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established the CDL program and
directed the Federal Highway
Administration (FHWA), FMCSA’s
predecessor agency, to establish
minimum qualifications for issuance of
a CDL. After public notice and an
opportunity for comment, the FHWA
established driver knowledge-and-skills
standards. The Agency required the
States to ensure by testing that each CDL
applicant meets these standards before
issuing a CDL to the applicant.
In 1985, the FHWA published ‘‘Model
Curriculum for Training Tractor-Trailer
Drivers’’ (Model Curriculum). In the
years following, the FHWA did not
mandate driver training for three
principal reasons. First, the Agency did
not believe it could justify the use of the
considerable Agency resources that
would be required to develop and
sustain a nationwide, comprehensive
driver-training program. Second, the
FHWA believed that the level of safety
of entry-level drivers would soon be
improving because the States were
nearing the deadline for enforcing the
new mandatory CDL-licensing
knowledge-and-skills standards. Third,
many truck-driving schools were
strengthening their training curricula in
light of the new Model Curriculum
(‘‘Truck Safety: Information on Driver
Training,’’ Report of the U.S. General
Accounting Office, GAO/RCED–89–163,
August 1989, pages 4 and 5).
In 1991, the Intermodal Surface
Transportation Efficiency Act of 1991
(ISTEA) (Public Law 102–240,
December 18, 1991) directed the FHWA
to ‘‘commence a rulemaking proceeding
on the need to require training of all
entry-level drivers of CMVs’’ [Section
4007(a)(2)]. On June 21, 1993, the
FHWA issued an advance notice of
proposed rulemaking entitled, ‘‘Training
for All Entry-Level Drivers of
Commercial Motor Vehicles (CMVs)’’
(58 FR 33874). The Agency also began
a study of the effectiveness of the driver
training currently being received by
entry-level CMV drivers. The results of
the study were published in 1997 under
the title ‘‘Adequacy of Commercial
Motor Vehicle Driver Training’’
(Adequacy Report), which is available
under FMCSA Docket 1997–2199 at the
Federal eRulemaking Portal
(www.regulations.gov) described above.
The study found that CMV drivers (i.e.
drivers of heavy trucks, motorcoaches,
and school buses) were not receiving
adequate entry-level training.
On August 15, 2003, FMCSA
published a notice of proposed
rulemaking (NPRM) entitled,
‘‘Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators’’ (68 FR 48863). The Agency

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proposed mandatory training for entrylevel CMV operators hauling property
(not passengers), thereby addressing the
vast majority of the CMV drivers
identified by the Adequacy Report.
FMCSA proposed entry-level training
on four topics it believed would provide
the greatest benefit to the safety of CMV
operations: Driver qualifications, hoursof-service of drivers, driver wellness
and whistle-blower protection. On May
21, 2004, after a period of public
comment, FMCSA published a rule
prohibiting a motor carrier from
allowing an entry-level driver employee
to operate a CMV transporting property
until he or she provided the carrier with
a duly-executed certificate indicating
that he or she had been trained in the
four subject areas noted above (69 FR
2004). The rule became effective on July
20, 2004. Training providers were
required to provide a certificate to each
driver trainee receiving the requisite
training.
In 2005, the U.S. Court of Appeals for
the District of Columbia Circuit held
that FMCSA failed to consider
important factors identified by the
Adequacy Report in developing its
entry-level driver-training rule. While
the Court left the 2004 rule in place, it
also directed the Agency to give the rule
further consideration consistent with its
decision. On December 26, 2007,
FMCSA proposed revised minimum
standards for the mandatory training of
entry-level CDL drivers (72 FR 73226).
The Agency has analyzed the public
comments received in response to the
notice, and is continuing to develop a
final rule on this subject.
Definitions
(1) ‘‘Federal Motor Carrier Safety
Regulations’’ (FMCSRs) are parts 350–
399 of volume 49 of the Code of Federal
Regulations. (2) ‘‘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—(a) has a
gross combination weight rating of
11,794 kilograms or more (26,001
pounds or more) inclusive of a towed
unit(s) with a gross vehicle weight
rating (GVWR) of more than 4,536
kilograms (10,000 pounds), or (b) has a
GVWR of 11,794 or more kilograms
(26,001 pounds or more), or (c) is
designed to transport 16 or more
passengers, including the driver, or (d)
is of any size and is used in the
transportation of hazardous materials as
defined in 49 CFR 383.5 (49 CFR 383.5).
The definition of CMV found at 49 CFR
390.5 of the FMCSRs is not applicable
to this notice. (3) ‘‘Commercial Driver’s
License (CDL) Driver’’ means the

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Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices

operator of a CMV because such
operators must possess a valid
commercial driver’s license
(CDL)(Section 383.23(a)(2)). (4) ‘‘Entrylevel CDL Driver’’ means a driver with
less than one year of experience
operating a CMV with a CDL (49 CFR
380.502(b)).
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 FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued on: November 8, 2012.
Kelly Leone,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2012–28306 Filed 11–20–12; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–26367]

Motor Carrier Safety Advisory
Committee (MCSAC): Public Meeting
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Meeting of Motor
Carrier Safety Advisory Committee
(MCSAC).
AGENCY:

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I. Background

FMCSA announces that its
Motor Carrier Safety Advisory
Committee (MCSAC) will meet from
Monday–Wednesday, December 3–5,
2012, in Alexandria, VA. On Monday,
December 3, the Agency will assign the
MCSAC a new task concerning entrylevel driver training (ELDT) and provide
briefings on previous rulemaking
actions, research and data analyses on
the issue, and the ELDT provision in the
recently enacted Moving Ahead for
Progress in the 21st Century (MAP–21)
Surface Transportation Act. On
Tuesday, December 4, the MCSAC will
receive staff-level briefings from the
DOT Office of the Inspector General
(OIG) and General Accountability Office
(GAO) on their oversight responsibilities
with regard to the DOT and MCSAC. On
Wednesday, the MCSAC’s Compliance,
Safety, Accountability (CSA)
Subcommittee will be provided with
presentations and a panel discussion
from researchers and data analyst

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concerning the CSA Safety
Measurement System and will continue
its deliberations. Meetings are open to
the public for their entirety and there
will be a public comment period at the
end of each day.
Times and Dates: The meeting will be
held Monday–Tuesday, December 3–4,
2012, from 8:30 a.m. to 5 p.m., Eastern
Daylight Time (E.D.T.), and on
Wednesday, December 5, 2012, from
8:30 a.m. to 3:00 p.m., E.D.T. The
meetings will be held at the Hilton
Alexandria Old Town, 1767 King Street,
Alexandria, VA 22314 in the
Washington and Jefferson Rooms on the
2nd floor. The Hilton Alexandria Old
Town is located across the street from
the King Street Metro station.
Copies of all MCSAC Task Statements
and an agenda for the entire meeting
will be made available in advance of the
meeting at http://mcsac.fmcsa.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Shannon L. Watson, Senior Advisor to
the Associate Administrator for Policy,
Federal Motor Carrier Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,
(202) 385–2395, mcsac@dot.gov.
Services for Individuals with
Disabilities:
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, contact Elizabeth Turner at
(617) 494–2068,
elizabeth.turner@dot.gov, by Tuesday,
November 27, 2012.
SUPPLEMENTARY INFORMATION:
MCSAC
Section 4144 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU,
Pub. L. 109–59, 119 Stat. 1144, August
10, 2005) required the Secretary of
Transportation to establish the MCSAC.
The MCSAC provides advice and
recommendations to the FMCSA
Administrator on motor carrier safety
programs and regulations, and operates
in accordance with the Federal
Advisory Committee Act (FACA, 5
U.S.C. App 2).
II. Meeting Participation
Oral comments from the public will
be heard during the last half-hour of the
meetings each day. Should all public
comments be exhausted prior to the end
of the specified period, the comment
period will close. Members of the public
may submit written comments on the
topics to be considered during the
meeting by Tuesday, November 27,

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2012, to Federal Docket Management
System (FDMC) Docket Number
FMCSA–2006–26367 using any of the
following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Room W12–140, Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC, between 9 a.m. and 5
p.m., E.T. Monday through Friday,
except Federal holidays.
Issued on: November 15, 2012 .
Larry W. Minor
Associate Administrator for Policy.
[FR Doc. 2012–28336 Filed 11–20–12; 8:45 am]
BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2012–0006–N–16]

Notice and Request for Comments
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burdens. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collections of information was
published on September 20, 2012.
DATES: Comments must be submitted on
or before December 21, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Janet Wylie, Office of Planning and
Administration, RPD–3, Federal
Railroad Administration, 1200 New
Jersey Avenue SE., Mail Stop 20,
Washington, DC 20590 (telephone: (202)
493–6353), or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.).
SUMMARY:

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