Following
ordinary practice, preapproved subject to publication of a final
rule and submission of an ICR shortly thereafter. 1. Per #15 of the
supporting statement, the increase in the cost burden is a result
of agency discretion (i.e., the rulemaking) and not a statute. I
have corrected. In the future include such burden changes under the
correct cause initially. If that is not done, or the ICR is not
corrected, it will need to be resubmitted. 2. In order to
synchronize properly the public comment period with the OMB review,
rule-based ICRs are to be submitted to OMB within a week of the
rule's publication, not nearly a month thereafter.
Inventory as of this Action
Requested
Previously Approved
03/31/2010
36 Months From Approved
12/31/2008
1,538,263,800
0
1,538,263,800
152,438,292
0
153,103,292
69,716,200
0
60,436,000
This request is due to a notice of
public rulemaking (NPRM) entitled "Electronic On-Board Recorders
for Hours-of-Service Compliance," issued by FMCSA regarding the use
of EOBRs to document compliance with the Federal hours-of-service
rules.
US Code:
49
USC 31502(b) Name of Law: Requirements for Qualification, Hours
of Service
PL: Pub.L. 109 - 59 4104 Name of Law: Safe,
Accountable, Flexible, Efficient Transportation Act: A Legacy for
Users (SAFETEA-LU)
PL: Pub.L. 109 - 59 4114(b) Name of Law: Safe, Accountable,
Flexible, Efficient Transportation Act: A Lagacy for Users
(SAFETEA-LU)
Program changes were brought
about by the attached EOBR NPRM entitled Electronic On-Board
Recorders for Hours-of-Service Compliance. FMCSA estimates one
provision of the NPRM would require certain motor carriers with
severe HOS noncompliance issues to install and use EOBRs to record
and manage their drivers HOS, and result in an estimated reduction
of 665,000 burden hours annually [17,500 CMV drivers x 26 hours per
year to complete RODS + 17,500 CMV drivers x 12 hours per year for
motor carriers to comply with the HOS requirements] = 665,000. The
NPRM is estimated to increase the cost to respondents by $9,280,700
per year [$ 69,716,210 costs for EOBR NPRM - $63,435,510 costs in
2005 HOS final rule] = $9,280,700.
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.