60-day Federal Register Notice

PRA-2126NEW.60day.FR.StateProgramPlan.PUB.111314.pdf

State Commercial Driver's License Program Plan

60-day Federal Register Notice

OMB: 2126-0063

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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0133]

Agency Information Collection
Activities; New Information Collection:
State Commercial Driver’s License
Program Plan
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 and invites public
comment. The FMCSA requests
approval of a new ICR titled, ‘‘State
Commercial Driver’s License Program
Plan.’’ as a result of requirements from
Section 32305 of the Moving Ahead for
Progress in the 21st Century Act (MAP–
21), Public Law 112–141, dated July 6,
2012. The Act requires States to submit
a plan to the Secretary describing the
actions the State will take to address
any deficiencies in the State’s
commercial driver’s license (CDL)
program, as identified by the Secretary
in the most recent audit of the program.
This ICR is needed to ensure that 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 January 12, 2015.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2014–0133 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Services; 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 W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5

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SUMMARY:

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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 selfaddressed, 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.
Michael Gordon, Office of State
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.
Telephone: 304–549–2651; email
michael.gordon2@dot.gov.
SUPPLEMENTARY INFORMATION:

Background: The FMCSA is
responsible for compliance and
oversight of State Drivers Licensing
Agencies (SDLAs). SDLAs are required
to comply with the requirements of 49
CFR Part 384, titled ‘‘State Compliance
with Commercial Driver’s License

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Program.’’ Section 32305 of MAP–21
amends 49 U. S.C. 31311 by adding
paragraph (d) State Commercial Driver’s
License Program Plan requirements. In
paragraph (d)(1), a State shall submit a
plan to the Secretary of Transportation
for complying with the requirements
under this section during the period
beginning on the date the plan is
submitted and ending on September 30,
2016. In paragraph (d)(2), a plan
submitted by a State under paragraph
(d)(1) shall identify—(A) the actions that
the State will take to address any
deficiencies in the State’s Commercial
Driver’s License Program, as identified
by the Secretary in the most recent audit
of the program; and (B) other actions
that the State will take to comply with
the requirements under subsection (a).
Paragraph (d)(3) establishes the
following: ‘‘(A) Implementation
Schedule—A plan submitted by a State
under paragraph (d)(1) shall include a
schedule for the implementation of the
actions identified under paragraph
(d)(2). In establishing the schedule, the
State shall prioritize actions to address
any deficiencies highlighted by the
Secretary as critical in the most recent
audit of the program. (B) Deadline for
Compliance with the requirements.—A
plan submitted by a State under
paragraph (1) shall include assurances
that the State will take the necessary
actions to comply with the requirements
of subsection (a) not later than
September 30, 2015.
This collection of information
supports the DOT strategic goal of safety
by requiring the States to assure that
drivers of CMVs are properly licensed
according to all applicable Federal
requirements
States will be required to complete a
Commercial Driver’s License Program
Plan using a spreadsheet or pdf
document that will be provided by
FMCSA to each SDLA. The plan will be
completed by the State and provided to
FMCSA’s CDL Division via the
Automated Compliance Review System
(ACRS), for review and concurrence.
FMCSA may reject a State’s Commercial
Driver’s License Program Plan if it is
determined to be deficient by not
adequately addressing the State’s
deficiencies, and/or assurances. Within
the plan, the State will identify any
deficiencies from the most recent audit
and will be required to provide detailed
information to demonstrate how the
State will obtain compliance with
Section 32305(a) of MAP–21 by
September 30, 2015 and remain in
compliance through September 30,
2016. This will enable FMCSA to
determine a State’s level of compliance
with the CDL requirements. Previous to

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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices
MAP–21, there was no requirement for
a SDLA to submit a Commercial Driver’s
License Program Plan.
The spreadsheet was developed by
FMCSA. The spreadsheet will be sent to
each SDLA. The SDLA will complete
the spreadsheet and send directly to
FMCSA via electronic transmission.
FMCSA will then review each plan to
assess each State’s level of compliance
with the CDL requirements. The
spreadsheets will then be uploaded into
FMCSA’s Automated Compliance
Review System (ACRS). Appropriate
feedback will be provided from MC–ESL
to each State after review.
Title: State Commercial Driver’s
License Program Plan.
OMB Control Number: 2126–00XX.
Type of Request: New collection.
Respondents: State Driver Licensing
Agencies (SDLAs).
Estimated Number of Respondents: 51
State respondents.
Estimated Time per Response: 40
hours per SDLA.
Expiration Date: New collection.
Frequency of Response: One-time
effort.
Estimated Total Annual Burden:
2,040 hours.
FMCSA estimates that each SDLA
would need approximately 40 hours to
complete the State Commercial Driver’s
License Program Plan and submit it to
FMCSA. The Program Plan is completed
on a one-time basis as required by
section 32305 of MAP–21. There is no
continuing information collection
function associated with submitting this
Program Plan. The Program Plan asks
for information which is readily
available to the filer.
For the purposes of the CDL program,
the District of Columbia is considered a
State. Therefore, there are 51 State
responses with an estimated 40 hours
per response to complete and submit the
Program Plan to FMCSA.
The FMCSA estimates the SDLAs
total annual burden is 2,040 hours (51
responses × 40 hours = 2,040 hours).
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.

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Issued under the authority of 49 CFR 1.87
on: November 4, 2014.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology and
Chief Information Officer.
[FR Doc. 2014–26850 Filed 11–12–14; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0167]
RIN 2126–AB20

Electronic Logging Devices and Hours
of Service Supporting Documents;
Research Report on Attitudes of Truck
Drivers and Carriers on the Use of
Electronic Logging Devices and Driver
Harassment
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Availability of
Research Report.
AGENCY:

On March 28, 2014, the
Federal Motor Carrier Safety
Administration (FMCSA) published a
Supplemental Notice of Proposed
Rulemaking (SNPRM) that proposed
amendments to the Federal Motor
Carrier Safety Regulations (FMCSRs) to
establish: Minimum performance and
design standards for hours-of-service
(HOS) electronic logging devices (ELDs);
requirements for the mandatory use of
these devices by drivers currently
required to prepare HOS records of duty
status (RODS); requirements concerning
HOS supporting documents; and
measures to address concerns about
harassment resulting from the
mandatory use of ELDs. FMCSA
announces the availability of a new
report: ‘‘Attitudes of Truck Drivers and
Carriers on the Use of Electronic
Logging Devices and Driver
Harassment.’’ This project surveyed
drivers on their attitudes regarding
carrier harassment and examined
whether reported harassment
experiences varied due to the hours-ofservice logging method used by the
driver. The survey is an effort to further
address the potential for harassment
associated with ELDs and provides
results that are consistent with the
Agency’s discussion of harassment in
the ELD SNPRM. A copy of the report
has been placed in the docket
referenced at the beginning of this
notice.

SUMMARY:

Comments must be received by
December 15, 2014.

DATES:

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You may submit comments
identified by Docket Number FMCSA–
2010–0167 addressing the Research
Report using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Docket Management Facility;
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 W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., ET, Monday through Friday,
except Federal Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: For
information concerning this report,
please contact Mr. Albert Alvarez,
Research Division of the Office of
Analysis, Research, and Technology,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001 or by telephone at 202–385–2377.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials pertaining to the report. This
notice does not extend the earlier
comment period pertaining to the ELD
SNPRM published March 28, 2104.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2010–0167), indicate
the specific section of the report to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so the Agency can
contact you if it has questions regarding
your submission.
To submit your comment online, go to
http://www.regulations.gov and put the
docket number, ‘‘FMCSA–2010–0167’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen

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