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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2126-0011
ICR Reference No:
202306-2126-001
Status:
Historical Inactive
Previous ICR Reference No:
202111-2126-003
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Commercial Driver Licensing and Test Standards
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
03/06/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/02/2024
Terms of Clearance:
Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2025
36 Months From Approved
07/31/2025
Responses
26,182,288
0
26,182,288
Time Burden (Hours)
2,700,901
0
2,700,901
Cost Burden (Dollars)
0
0
0
Abstract:
This ICR is a revision and includes the following program adjustments due to the “Amendments to the Commercial Driver’s License Requirements; Increased Flexibility for Testing and for Drivers After Passing the Skills Test” NPRM. There are two new ICs due to the proposed rulemaking, IC-2.9 Third-Party Knowledge and Skills Tester Certification, and IC-2.10 Auditing and Monitoring, resulting in a total increase of 51,467 burden hours. Additionally, there is an increase of 105,834 burden hours due to a change in agency estimates. This results in a total increase of 157,301 burden hours. Responding to this collection is mandatory. The entities that must respond are commercial driver’s license (CDL) drivers and State driver licensing agencies (SDLAs). The CDL driver discloses convictions and disqualifications, as well as discloses employment history to the employer. The CDL driver reports by completing a CDL application form, as well as a knowledge and skills test. The SDLA records medical examiner’s certification and self- certification of CMV operations. The SDLA verifies medical certification status and there is an annual State certification of compliance. The State participates in annual program reviews and does recordkeeping for knowledge and skills tests. The State certifies the knowledge and skills test examiner, as well as monitors and audits the examiner. State officials use the information collected on the license application form that is posted to the CDLIS driver record, the information collected on the CLP application form that is posted to the CDLIS driver record and the conviction and disqualification data posted to the CDLIS driver record to prevent ineligible, not-qualified and/or disqualified CLP and CDL holders and applicants from operating CMVs on the nation's highways. State officials are also required to administer knowledge and skills tests to CDL driver applicants. During State CDL compliance reviews, FMCSA officials review this information to ensure that the provisions of the regulations are being carried out. Without these requirements, there would be no uniform control over driver licensing practices to prevent uncertified and/or disqualified drivers from being issued a CLP or 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. FMCSA reviews information submitted by the States and conducts reviews, audits, and investigations of each State as it deems necessary to make compliance determinations for all States and the District of Columbia. This information helps FMCSA ensure that drivers, motor carriers, and the States are complying with the notification and recordkeeping requirements for information related to testing, licensing, violations, convictions, and disqualifications. If this information were not available, the FMCSA would have no means of independently verifying State compliance.
Authorizing Statute(s):
PL:
Pub.L. 107 - 56 1012
Name of Law: USA Patriot Act
US Code:
49 USC 521
Name of Law: Civil Penalities
PL:
Pub.L. 99 - 570 100
Name of Law: Commercial Motor Vehicle Safety Act of 1986
PL:
Pub.L. 106 - 159 215
Name of Law: Motor Carrier Safety Improvement Act of 1999
US Code:
49 USC 31309
Name of Law: Commercial Driver's License Information System
US Code:
49 USC 31106
Name of Law: Information Systems
Citations for New Statutory Requirements:
PL: Pub.L. 99 - 570 Title XII, 100 Stat.3207-170 Name of Law: Commercial Motor Vehicle Safety Act of 1986 (CMVSA or the Act)
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2126-AC46
Proposed rulemaking
89 FR 7327
02/02/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
14
IC Title
Form No.
Form Name
IC-1.1 CDL Driver Activity - Driver Notification of Convictions/Disqualifications to Employer
IC-1.2 CDL Driver Activity - Driver Providing Previous Employment History to Employer
IC-2.10 Auditing and Monitoring
IC1.3 CDL Driver Activity - Driver Completion of CDL Application Form
IC1.4 CDL Driver Activity - Driver Completion of Knowledge Test
IC2-5 SDLA CDL Activity - State Preparing for and Participating in Annual Program Review
IC2.1 SDLA CDL Activity - State Recording and Medical Examiner's Certificate Information
IC2.2 SDLA CDL Activity - State Recording of the Self-Certification of CMV Operation
IC2.3 SDLA CDL Activity - State Verifcation of Medical Certification Status
IC2.4 SDLA CDL Activity - Annual Certification of Compliance
IC2.6 SDLA CDL Activity - CDLIS/PDPS/State Recordkeeping
IC2.7 SDLA CDL Activity - CDL Knowledge and Skills Tests Recordkeeping
IC2.8 SDLA CDL Activity: Knowledge and Skills Test Examiner Certification
IIC-2.9 State Issuance of CDL Knowledge or Skills Test Certificate
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The total annual burden hour increase [2,858,203 proposed annual burden hours – 2,700,901 currently approved annual burden hours] of 157,302 hours (51,467 hours + 105,835 hours, as seen in the table above) is due to proposed changes in the “Amendments to the Commercial Driver’s License Requirements; Increased Flexibility for Testing and for Drivers After Passing the Skills Test” NPRM and a program change and a calculation adjustment. Due to the NPRM, the annual number of responses increased by 6,400, the annual burden hours increased by 51,467 (due to two new ICs, IC-2.9 and IC-2.10) and the annual cost burden increased by $1,955,733. All other increases, 17,962 responses and 105,835 hours, are due to changes in the agency’s estimates.
Annual Cost to Federal Government:
$3,582,299
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Nikki McDavid 202 366-0831
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
02/02/2024
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