The supporting
statement for this information collection does not appe to justify
49 CFR 392.60(a). BMCS has failed to demonstrate that this
information collection is necessary for the proper performance of
the agency's function, which is to protect safety. It would seem
that the carrying of passengers is either (1) inconsistent with
driving safety, in which case it should be strictly prohibited and
carriers should not be permitted to authorize the transporting of
passengers or (2) compatible with safety and left entirely to the
carriers' discretion, without the need for BMCS regulation. For
this reason, this information collection is granted only a 4-month
conditional approval, to expire 8/31/84. It must be resubmitted to
OM at that time with a revised supporting statement that explains
why motor carriers (especially owner-operators, for whom this
regulation seems wholly inappropriate) should not be allowed to
determine their own policies on transporting occasional passengers,
without the need to comply with a government regulation.
Alternatively, BMCS must initiate rulemaking by 8/31/84 to abolish
49 CFR 392.60(a).
Inventory as of this Action
Requested
Previously Approved
08/31/1984
08/31/1984
600
0
0
50
0
0
0
0
0
SECTION 392.60 PROHIBITS THE
TRANSPORTATION OF PASSENGERS IN A TRUCK UNLESS SPECIFICALLY
AUTHORIZED BY THE MOTOR CARRIER IN WRITING.
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:
(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;
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.