Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices 18495 

employed specifically to deliver such 

vehicles to a dealer or customer. While 

RVIA demonstrated that the 

manufacturers and dealers who now 

employ CDL-holders in driveaway/

towaway operations have a recordable 

accident rate far below the level that 

would require an unsatisfactory safety 

rating, the Agency’s experience with 

private RV owners suggests that the 

absence of a CDL would have no 

discernible effect on safety. That is 

especially likely because the drivers 

covered by this exemption are required 

to comply with all other applicable 

safety regulation, including medical 

standards and hours-of-service limits. 

FMCSA believes that it is impracticable 

for these drivers to obtain a CDL with 

a representative vehicle when the actual 

vehicle they will operate is an RV. With 

regard to NADD’s comment to expand 

the exemption, FMCSA is unable to 

consider expanding the exemption 

because the issue was not in the original 

request for public comment. The 

Agency believes that the exemption 

sought by RVIA will likely achieve a 

level of safety that is equivalent to or 

greater than, the level of safety achieved 

without the exemption [49 CFR 

381.305(a)]. 

Terms and Conditions of the Exemption 

Period of the Exemption 

This exemption from the 

requirements of 49 CFR 383.91(a)(1)— 

383.91(a)(2) is effective during the 

period of April 6, 2015 through April 6, 

2017. The exemption will expire on 

April 6, 2017, 11:59 p.m. local time, 

unless renewed. 

Extent of the Exemption 

The exemption is restricted to 

employees of driveaway-towaway 

companies, RV manufacturers, and RV 

dealers transporting RVs between the 

manufacturing site and dealer location 

and for movements prior to first retail 

sale. Drivers covered by the exemption 

will not be required to hold a CDL when 

transporting RVs with a gross vehicle 

weight not exceeding 26,000 pounds, or 

a combination of RV trailer/tow vehicle 

with the gross weight of the towed unit 

not exceeding 10,000 pounds and the 

gross combined weight not exceeding 

26,000 pounds. These drivers must 

comply with all other applicable 

provisions of the Federal Motor Carrier 

Safety Regulations. 

Preemption 

In accordance with 49 U.S.C. 

31315(d), during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a firm or 

person operating under the exemption. 

Notification to FMCSA 

The RVIA must notify FMCSA within 

5 business days of any accident (as 

defined in 49 CFR 390.5), involving any 

of the motor carriers’ CMVs operating 

under the terms of this exemption. The 

notification must include the following 

information: 

a. Date of the accident, 

b. City or town, and State, in which 

the accident occurred, or closest to the 

accident scene, 

c. Driver’s name and driver’s license 

number and State of issuance, 

d. Vehicle number and State license 

plate number, 

e. Number of individuals suffering 

physical injury, 

f. Number of fatalities, 

g. The police-reported cause of the 

accident, 

h. Whether the driver was cited for 

violation of any traffic laws or motor 

carrier safety regulations, and 

i. The driver’s total driving time and 

total on-duty time period prior to the 

accident. 

Reports filed under this provision shall 

be emailed to MCPSD@DOT.GOV. 

Termination 

FMCSA does not believe the drivers 

covered by this exemption will 

experience any deterioration of their 

safety record. However, should this 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation or restriction of the 

exemption. The FMCSA will 

immediately revoke or restrict the 

exemption for failure to comply with its 

terms and conditions. 

Issued on: March 31, 2015. 

T.F. Scott Darling, III, 

Chief Counsel. 

[FR Doc. 2015–07811 Filed 4–3–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0041] 

Agency Information Collection 

Activities; New Emergency Information 

Collection Request: Report by State 

Driver Licensing Agencies (SDLAs) on 

the Annual Number of Entry-Level 

Commercial Driver’s License (CDL) 

Applicants and Related Data 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces that the Information 

Collection Request (ICR) described 

below will be submitted to the Office of 

Management and Budget (OMB) for 

emergency approval under 5 U.S.C. 

1320.13. FMCSA requests approval of 

this ICR by 30 days from the publication 

of this notice. The purpose of this 

information collection is to inform the 

public of the Agency’s development of 

a mandatory driver-training program 

primarily for individuals applying for 

their first commercial driver’s license 

(CDL). FMCSA is not aware of any other 

source for this data. The Agency has 

attempted to obtain this information for 

many years. In its search, the Agency 

has explored several other avenues for 

finding this information. For example, 

the Agency considered asking various 

trade groups representing private and 

public truck driving schools for their 

cooperation, but soon realized that these 

entities generally did not have the 

desired information either. This ICR 

would allow State Driver Licensing 

Agencies (SDLAs) to furnish this critical 

data and thereby inform the design of 

the CDL driver training program to be 

proposed by the Agency for public 

comment. The Department of 

Transportation (DOT) and FMCSA will 

also use this data to inform future 

commercial-driving safety initiatives. 

DATES: Please send your comments by 

May 6, 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–2015–0041. 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– 

7245, 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: 

Robert F. Schultz, Driver and Carrier 

Operations Division, Federal Motor 

Carrier Safety Administration, U.S. 

Department of Transportation, West 


tkelley on DSK4VPTVN1PROD with NOTICES
18496 Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices 

Building 6th Floor, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Telephone: 202–366–4325; email 

buz.schultz@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Report by SDLAs on the Annual 

Number of Entry-Level CDL Applicants 

and Related Data. 

OMB Control Number: 2126–00XX. 

Type of Request: New information 

collection. 

Respondents: State Driver Licensing 

Agencies (SDLAs). 

Estimated Number of Respondents: 51 

respondents (a report from the SDLA of 

each State and the District of Columbia). 

Estimated Number of Responses: 51 

responses. 

Estimated Time per Response: 19 

hours and 30 minutes. 

Form Number: MCSA–5894, ‘‘Request 

for Data to State Driver Licensing 

Agencies’’ 

Expiration Date: N/A. This is a new 

information collection. 

Frequency of Response: One-time. 

Estimated Total Annual Burden: 995 

hours (51 respondents × 19 hours and 

30 minutes per respondent, rounded). 

Background 

On July 6, 2012, the President signed 

legislation titled ‘‘Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21).’’ Section 32304 of MAP–21 (49 

U.S.C. 31305(c)) provides that the 

Secretary of Transportation must issue 

final regulations establishing minimum 

entry-level training requirements for 

individuals before obtaining a CDL for 

the first time or prior to upgrading from 

one class of CDL to another. The Agency 

is required to develop instruction and 

behind-the-wheel training that will be 

effective in providing entry-level CDL 

drivers the knowledge and skills they 

need to operate a commercial motor 

vehicle safely. 

On September 18, 2014, Advocates for 

Highway and Auto Safety, the 

International Brotherhood of Teamsters, 

and Citizens for Reliable and Safe 

Highways sued FMCSA and DOT in the 

United States Court of Appeals for the 

District of Columbia Circuit (Case no. 

14–1183). The plaintiffs petitioned for 

an order of mandamus compelling DOT 

to publish a final rule on entry-level 

driver training within 180 days. While 

as of this date the court has not ruled 

on the petition, the court could order 

that a notice of proposed rulemaking 

(NPRM) and final rule be drafted 

according to a highly expedited 

schedule. Obtaining this data would 

help address this urgent legal issue in a 

timely manner. 

FMCSA has taken numerous steps 

toward satisfying the section 32304 

mandate. The Agency has conducted 

two public listening sessions in 

conjunction with industry trade shows 

and engaged its Motor Carrier Safety 

Advisory Committee to provide 

recommendations to support the 

rulemaking. FMCSA learned that there 

is not agreement among stakeholders 

about how to satisfy the statutory 

mandate. 

Next, FMCSA commissioned a neutral 

convener to analyze the feasibility of 

conducting a negotiated rulemaking 

(Reg Neg) to develop the regulations (5 

U.S.C. 581–590). Based upon the 

convener’s recommendation, FMCSA, 

on December 10, 2014, published notice 

of its intent to establish an Entry-Level 

Driver Training Advisory Committee 

(ELDTAC) to negotiate proposed 

regulations to implement section 32304. 

On February 12, 2015, the Agency 

published notice of the first meeting of 

the ELDTAC, which was held on 

February 26–27, 2015 (80 FR 7814). The 

FMCSA is currently engaged in regular 

negotiations with the ELDTAC expected 

to go through May 2015 with a target 

date for publication of an NPRM of 

October 15, 2015 (Id. at 7815). 

Despite these efforts and the urgent 

nature and schedule of the negotiations, 

FMCSA lacks certain data that is crucial 

to its efforts to satisfy the MAP–21 

mandate—for example, the number of 

individuals who would require entrylevel CDL driver training annually. 

Given that this rulemaking will likely be 

considered ‘‘significant’’ within the 

meaning of E. O. 12988, obtaining this 

data is crucial to developing an NPRM 

and the required cost-benefit analysis. 

The data, combined with other data in 

the Agency’s possession, will also be 

central to the ability of ELDTAC to build 

consensus among the various 

stakeholders. 

The only known source of the number 

of individuals who obtain their first and 

upgraded CDL each year is the 50 States 

and the District of Columbia. The only 

way the Agency can obtain this 

information is by asking the SDLAs to 

report it to FMCSA. 

Public Comments Invited 

The Agency requests emergency 

processing of this information request 

valid for 180 days (44 U.S.C. 3507(j)(2)) 

based on its determination as required 

under the Paperwork Reduction Act and 

its implementing regulations as follows: 

The information collection is 

‘‘essential’’ to FMCSA’s safety mission: 

to reduce crashes, injuries, and fatalities 

involving large trucks and buses (44 

U.S.C. 3507(j)(1)(A)(ii), 5 CFR 

1320.13(a)(1)(ii)). Expedited review is 

necessary to minimize public harm that 

is reasonably likely to result if normal 

clearance processes are followed 

resulting from the operation of trucks 

and motor coaches by individuals 

lacking appropriate driver training that 

would be required by this rulemaking 

(44 U.S.C. 3507(j)(1)(B)(i), 5 CFR 

1320.13(a)(2)(i)). In addition, use of the 

normal clearance process is reasonably 

likely to cause a ‘‘court-ordered 

deadline to be missed’’ (44 U.S.C. 

3507(j)(1)(B)(iii), 5 CFR 

1320.13(a)(2)(iii)). This ICR is narrowly 

focused and practical steps have been 

taken to obtain this information in the 

past, as described in this notice above 

to minimize its burden on the SDLAs it 

would apply to (5 CFR 1320.13(c)). 

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 

on March 31, 2015. 

G. Kelly Regal, 

Associate Administrator for Office of 

Research and Information Technology. 

[FR Doc. 2015–07808 Filed 4–3–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Limitation on Claims Against Proposed 

Public Transportation Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for projects in the Cities of San 

Bernardino and Redlands, CA, and the 

Cities of Santa Ana and Garden Grove, 

CA. The purpose of this notice is to 

announce publicly the environmental 

decisions by FTA on the subject projects 

and to activate the limitation on any 

claims that may challenge these final 

environmental actions. 

DATES: By this notice, FTA is advising 

the public of final agency actions 

subject to Section 139(l) of Title 23, 

United States Code (U.S.C.). A claim 

seeking judicial review of FTA actions 

announced herein for the listed public 


tkelley on DSK4VPTVN1PROD with NOTICES