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Agency Information Collection Activities; Renewal of an Approved Information Collection: Training Certification for Entry-Level Commercial Motor Vehicle Operators

Publication: Federal Register
Agency: Federal Motor Carrier Safety Administration
Byline: Thomas P. Keane
Date: 23 June 2023
Subjects: American Government , Driver Licensing

[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41187-41188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13365]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0055]


Agency Information Collection Activities; Renewal of an Approved 
Information Collection: Training Certification for Entry-Level 
Commercial Motor Vehicle Operators

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (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. The ICR, titled ``Training Certification for Entry-Level 
Commercial Motor Vehicle Operators,'' will continue to be used to 
register providers of entry-level driver training and to provide State 
Drivers' Licensing Agencies with information on individuals who have 
completed the required training. If approved, this renewal will allow 
FMCSA to continue to collect information on registered training 
providers and entry-level driver training certification information 
until 2026.

DATES: Comments on this notice must be received on or before July 24, 
2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Joshua Jones, Commercial Driver's 
License Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001; 202-366-7332; 
Joshua.jones@dot.gov.

SUPPLEMENTARY INFORMATION: 
    Title: Training Certification for Entry-Level Commercial Motor 
Vehicle Operators.
    OMB Control Number: 2126-0028.
    Type of Request: Renewal of a currently-approved ICR.
    Respondents: Training providers.
    Estimated Number of Respondents: 7,774.
    Estimated Time per Response: 0.55 hours.
    Expiration Date: June 30, 2023.
    Frequency of Response: All training providers must initially 
register to be listed on the Training Provider Registry (TPR). 
Additionally, once registered, all training providers must update their 
information at least biennially in order to remain listed on the TPR. 
They are also required to provide an update if any key information 
(company name, address, phone number, types of training offered, etc.) 
changes prior to their biennial update. After an individual driver-
trainee completes training administered by a training provider listed 
on the Training Provider Registry (TPR), that training provider must 
submit training certification information regarding the driver-trainee 
to the TPR.
    Estimated Total Annual Burden: 80,299 hours.

Background

    The Federal Motor Carrier Safety regulations require minimum 
training standards for entry-level drivers, and include two separate 
information collection actions: (1) Training providers must 
electronically submit registration information to FMCSA's TPR to ensure 
that they meet the training provider eligibility requirements and may 
therefore be listed on the TPR; and (2) after an individual driver-
trainee completes training administered by a training provider listed 
on the TPR, that training provider must electronically submit training 
certification information regarding the driver-trainee to the TPR. (49 
CFR part 380, subpart G.) These requirements were implemented February 
7, 2022. The information collection estimates included in this renewal 
action are based on training certification data obtained from the TPR 
over the past year.
    FMCSA received three comments during the 60-day notice comment 
period. The commenters, the Commission on Proprietary Schools and 
College Registration (CPSCR), the National Association of State 
Administrators and Supervisors of Private Schools (NASASPS), Commercial 
Vehicle Training Association (CVTA) and National Association of 
Publicly Funded Truck Driving Schools (NAPFTDS). CPSCR stated that 
``FMCSA should collect more information from TPR registrants to ensure 
that training providers meet state licensure requirements to validly 
train in the state'' and provided three supporting arguments. NASASPS 
stated ``that FMCSA [. . .] move past a provider registration process 
that relies wholly on self-certification and require TDTIs to provide 
documentation of state authorization to operate'' and provided six 
supporting recommendations. The CVTA and NAPFTDS submitted a joint 
comment recommending FMCSA collect ``a copy of state licensure 
documentation, an identifier for that documentation in the form of a 
license number, or other documentation that would allow FMCSA to ensure 
compliance with the state licensure requirement'' and ``a copy of 
curriculum documentation (e.g., lesson plans) that would allow FMCSA to 
ensure compliance with training provider curriculum requirements.''
    In response, FMCSA notes that the comments, while pertaining to the 
information collection, would both require that FMCSA revise the 
regulations regarding training provider requirements. As these rules 
have only been in effect for less than two years, no revisions are 
scheduled at the present time. The Agency notes that when training 
providers initially register for listing on the TPR, they must certify, 
under penalty of perjury, that they comply with all applicable 
regulatory requirements, including the requirement that they be 
licensed, certified, registered, or authorized to provide training in 
accordance with the applicable laws and regulations of any State where 
in-person training is conducted (49 CFR 380.703(5)(i)). Further, in 
accordance with 49 CFR 380.719(a)(4), to remain eligible for continued 
listing on the TPR, training providers must maintain documentation of 
State licensure, registration, or certification verifying that the 
provider is authorized to provide training in that State, if 
applicable. If FMCSA or its authorized representative conducts an audit 
or investigation of a training provider, the training provider's 
compliance with applicable State requirements would be evaluated. 
Training providers determined to be non-compliance with State 
requirements could be subject to a notice of prosed removal from the 
TPR or emergency removal, depending on the circumstances. The Agency 
believes these existing requirements sufficiently

[[Page 41188]]

address training providers' compliance with applicable State 
requirements.
    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.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-13365 Filed 6-22-23; 8:45 am]
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