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Agency Information Collection Activities; New Information Collection Request: State Commercial Driver's License Program Plan

American Government Special Collections Reference Desk

American Government

Agency Information Collection Activities; New Information Collection Request: State Commercial Driver's License Program Plan

G. Kelly Regal
Federal Highway Administration
May 28, 2015


[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30529-30532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12856]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0133]


Agency Information Collection Activities; New Information 
Collection Request: State Commercial Driver's License Program Plan

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 Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for 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

[[Page 30530]]

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: Please send your comments by June 29, 2015. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2014-0133. 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 
oira_submission@omb.eop.gov, or faxed to (202) 395-6974, or mailed to 
the Office of 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. 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. Office hours are from 9 a.m. to 5 p.m., Monday 
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: 
    Title: State 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: N/A. 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 x 40 hours = 2,040 hours).
    Background: The FMCSA is responsible for compliance and oversight 
of SDLAs. SDLAs are required to comply with the requirements of 49 CFR 
part 384, titled ``State Compliance with Commercial Driver's License 
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 spreadsheet has been placed in the FMCSA 
docket and is available for immediate public consideration at the 
location http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0133-
0007 as item 7. 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 the Section 32305 
of MAP-21 requirement to be in compliance with the CDL Regulations 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 Section 32305 of 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 ACRS. 
Appropriate feedback will be provided from MC-ESL to each State after 
review.

Comments From the Public

General Summary

    FMCSA received four comments to the 60-day Federal Register notice 
published on November 13, 2014 (79 FR 67540) regarding the Agency's 
Information Collection Activities; New Information Collection: State 
Commercial Driver's License Program Plan. Comments were received from 
the Nebraska Department of Motor Vehicles, New York Department of Motor

[[Page 30531]]

Vehicles, Colorado Department of Revenue, and North Carolina Department 
of Transportation. Comments and responsive considerations are as 
follows:
    The Nebraska Department of Motor Vehicles commented that the 
proposed rule indicates that 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 Division via the 
Automated Compliance Review System (ACRS), for review and concurrence. 
The Nebraska DMV recommends that the desired information be placed on 
ACRS for entry by the SDLA in lieu of the paper spreadsheet or pdf 
document being used. The proposed rule states that FMCSA estimates that 
each SDLA would need approximately 40 hours to complete the State 
Commercial Driver's License Program Plan. The Nebraska DMV already 
spends an inordinate amount of time working on CDL federal 
requirements. The Nebraska DMV questions the value of a spreadsheet 
that takes 40 hours to complete as SDLAs have other responsibilities 
besides the CDL Program. Quantity does not necessarily equate to 
quality. The proposed rule says that the spreadsheet was developed by 
FMCSA. However, it is not attached to this proposed rule. The Nebraska 
DMV suggests that the SDLAs be allowed to comment on the information 
being gathered and the tool used to gather the information. This 
promotes a better understanding by the SDLAs in knowing what is needed, 
why it is needed and may after comments, help FMCSA reduce duplication 
of information, and understand why the spreadsheet may not be relevant 
or needed. It is difficult to provide feedback and comments on a 
document sight unseen.''
    The FMCSA agrees with Nebraska's recommendation that the ACRS 
should be utilized to its fullest capacity to complete the State Plan. 
The spreadsheet has been placed in the FMCSA docket and is available 
for immediate public consideration at the location http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0133-0007 as item 7. 
FMCSA's intention is to utilize ACRS to deliver the final version of 
the spreadsheet to each SDLA. The SDLA will be able to download, 
complete and sign the document and re-upload via the ACRS State Plans 
function. ACRS's functionality prevents the use of the system to 
complete a State Plan within ACRS.
    The FMCSA does not expect it to take 40 hours for each CDL 
Coordinator to complete the spreadsheet. The estimation was based upon 
the differences in complexities and extent of compliance deficiencies, 
the various 51 SDLAs have in regards to the number of existing 
compliance findings. This estimation is also based upon the 
consideration that a new CDL Coordinator with limited experience may be 
completing the spreadsheet. In creating the spreadsheet, FMCSA took 
into consideration the demands being placed upon the SDLAs and 
attempted to implement the most efficient and least demanding process 
to meet the Section 32305 of MAP-21 requirement.
    The New York Department of Motor Vehicles stated opinion is that 
the ICR is unnecessary for the performance of FMCSA's functions in that 
the information requested to be collected from the Commercial Driver's 
License Program Plan is already made available to FMCSA via the ACRS 
System. New York has maintained updates to our audits and annual 
program review action plans and fails to understand why FMCSA needs 
states to duplicate information that is already supplied to them.
    The New York DMV also commented on the Section 32305 of MAP-21 
compliance date of September 30, 2015. New York stated while it is 
working diligently towards that goal, the deadline is unrealistic, 
considering the many obstacles New York and the other states face. New 
York does not understand why a deadline is even essential, in that all 
of New York's Action Plans listed on ACRS include our estimated 
completion dates for each project. With FMCSA changing from a 3 year 
CDL Program Review to an annual review, deficiencies are discovered 
earlier and therefore, corrected earlier, helping the states to achieve 
compliance. Over the last six years, FMCSA has published two major 
rulemakings and numerous smaller rulemakings related to the CDL 
Program. FMCSA has indicated that more Final rulemakings are to be 
published within the year. Due to strained fiscal circumstances states 
have scarce resources, making it difficult to implement the significant 
number of changes in order to fully comply with all the federal 
requirements by the regulatory deadline. Both New York's ITS staff that 
maintain our CDL programs and the DMV business units that administer 
the programs are severely challenged in complying with the complexity 
and enormity of federal regulation. At the same time, such staff must 
continue to serve our many clients, including eleven and a half million 
licensed drivers, a half million of which hold a CDL. The complexity of 
the CLP rule is reflected in the monthly CLP Permit Rule Roundtable, 
where states and the FMCSA discuss issues and concerns about the rule. 
FMCSA continues to modify its interpretation of the rule. Which causes 
implementation delays for the states. New York would like to petition 
for the elimination of a deadline for full State compliance, or if one 
absolutely needs to be established, an extension of the September 30, 
2015, full compliance date, for at a minimum, another year (September 
30, 2016). New York is dedicated to fulfilling all the necessary 
requirements needed to obtain full compliance and we are reiterating 
that our mission is to make our highways safe for all drivers and for 
all types of operations. The elimination or extension of the deadline 
would allow more time for states to ensure the accuracy of all final 
programming and procedural changes.
    The FMCSA notes that the State Plan is in response to the mandated 
Section 32305 of MAP-21 requirement. The FMCSA understands the 
information contained within ACRS. This approach and the spreadsheet 
were developed in such a manner as to not require a State to provide 
duplicative information that already exists within ACRS, but only 
reference it. This approach allows the State to provide the assurances 
required by Section 32305 of MAP-21, that the State will remain in 
compliance through September 30, 2016.
    The FMCSA did not set the deadline for September 30, 2015. This was 
a Section 32305 of MAP-21 requirement. The FMCSA understands that 
States have existing action plans that have been approved by FMCSA in 
ACRS. As previously stated FMCSA has attempted to mitigate redundant 
work by a State. The FMCSA has created a spreadsheet that allows a 
State to refer to an existing (approved) action plan within ACRS when 
referring to a deficiency or finding. The spreadsheet will meet the 
additional Section 32305 of MAP-21 requirement for a State to provide 
assurances that they will remain in compliance through September 30, 
2016. The FMCSA understands and appreciates the many demands that 
recent rulemaking have placed upon the states.
    The Colorado Department of Revenue stated that it wholeheartedly 
appreciates and supports FMCSA's mission of promoting highway safety, 
preventing accidents and getting the bad driver off the road. Colorado 
also, within reason, agrees with FMCSA's approach of making each SDLA 
responsible for their

[[Page 30532]]

individual CDL program. However, within this proposal there are some 
concerns. Colorado is concerned that there is no disclosure of what 
will be contained in the proposed spreadsheet. Additionally, regarding 
data accuracy there is no indication as to what level of error 
constitutes a compliance issue. Colorado feels that there should be an 
opportunity to comment on all information that will be contained in the 
proposed spreadsheet and what will meet compliance and what will not. 
Moving forward, Colorado would like a better understanding as to the 
relationship between what is contained in the proposed spreadsheet and 
the Annual Performance Review (APR). Will both documents still be 
required and will they be done at the same time? Colorado would also 
like clarification as to whether the 40 hours discussed in the proposed 
rule also covers time spent completing the APR documents. Colorado 
would hope that effort to prevent duplicity has been made. Colorado 
would also like clarification on this remark. 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 the Program Plan. What does this mean? Overall, to 
fully comment on this proposal, Colorado would like a better 
understanding as to what FMCSA is going to require from the SDLAs 
regarding what is compliance and what a SDLA will have to do to remain 
or get into compliance and how long they will have to do so.
    When developing the spreadsheet to meet the Section 32305 of MAP-21 
requirement, FMCSA decided upon an approach that would limit the amount 
of duplicity and redundancy of the various FMCSA requirements. The 
spreadsheet has been placed in the FMCSA docket and is available for 
immediate public consideration at the location http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0133-0007 as item 7. 
Specifically, the spreadsheet focuses on each specific section of 49 
CFR part 384 and asks the question if the State is in compliance with 
each requirement? If not, the follow-up question is, does a State have 
an approved Action Plan within ACRS? If yes, then the State has 
fulfilled that specific requirement. If not, then the State would have 
to provide an action plan for each compliance finding or deficiency 
within the spreadsheet that does not have an approved action plan 
within ACRS. A finding or deficiency is an instance where the State is 
not in compliance with a particular part of the regulations. This could 
be from any number of activities, including an Annual Program or Skills 
Test Review, a review of a State's data, and operation performance, a 
comprehensive compliance review, or any other means by which FMCSA may 
become aware that a State is not in compliance. This particular aspect 
has not changed by the State Plan requirement, and the publishing of 
this ICR. The State Plan requirement is not a reoccurring requirement. 
Section 32305 of MAP-21 required the submittal of a State Plan one 
time.
    The North Carolina Department of Transportation stated that it 
contends that the requirement to submit the CDL Program Plan is 
redundant since this information is already available to FMCSA on ACRS. 
This requirement places an additional burden on the states when efforts 
are needed most to work toward compliance with the regulations.
    The FMCSA has developed the spreadsheet to eliminate redundancy and 
limit the amount of time and effort for each State to complete and to 
comply with this requirement. In addition, the Section 32305 of MAP-21 
requirement for States to provide assurances that they will remain in 
compliance through September 30, 2016, is not information that is 
currently available to FMCSA.
    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 under the authority of 49 CFR 1.87 on: May 18, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2015-12856 Filed 5-27-15; 8:45 am]
 BILLING CODE 4910-EX-P

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