PRA-2126NEW.SS.CMV Marking Req.010914Rev.Use

Department of Transportation

Office of the Chief Information Officer

SUPPORTING STATEMENT

Commercial Motor Vehicle Marking Requirements

INTRODUCTION

This is to request the Office of Management and Budget’s (OMB) approval of a new Information Collection Request (ICR) entitled, Commercial Motor Vehicle Marking Requirements (OMB Control No. 2126-XXXX). This ICR will enable the Federal Motor Carrier Safety Administration (FMCSA) to more accurately document the burden associated with the marking regulations codified in 49 CFR Part 390.21, “Marking of Self-Propelled CMVs and Intermodal Equipment,” (Attachment 1) and move them out of the OMB Control Number 2126-0013, “Motor Carrier Identification Report,” ICR into this collection. These regulations require marking of vehicles and intermodal equipment by motor carriers, freight forwarders and intermodal equipment providers (IEPs) engaging in interstate transportation.

Part A. Justification

1. CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY

The USDOT number is used to identify all motor carriers in FMCSA's registration and information systems. It is also used by States as the key identifier in the Performance and Registration Information Systems Management (PRISM) system, a cooperative Federal/State program that makes motor carrier safety a requirement for obtaining and maintaining commercial motor vehicle registration and privileges.

FMCSA has authority to require motor carriers to conduct recordkeeping, reporting, and disclosure of information (see 49 U.S.C. 31133(a)(8) or 31133(a)(10)) (Attachment 2).

49 U.S.C. 31133. General powers of the Secretary of Transportation

(a) GENERAL.—In carrying out this subchapter and regulations prescribed under section 31102 of this title, the Secretary of Transportation may—

* * *

(8) prescribe recordkeeping and reporting requirements;

* * *; and

(10) perform other acts the Secretary considers appropriate.

Vehicle marking requirements are intended to ensure that FMCSA, the National Transportation Safety Board (NTSB), and State safety officials are able to identify motor carriers and correctly assign responsibility for regulatory violations during inspections, investigations, compliance reviews, and crash studies. These marking requirements will also provide the public with beneficial information that could also assist in identifying carriers for the purposes of commerce, complaints or emergency notification.

The burden for the CMV marking requirement was initially documented in the final rule entitled, “Federal Motor Carrier Safety Regulations: General Commercial Motor Vehicle Marking,” (65 FR 35287), June 2, 2000 (Attachment 3). FMCSA determined at the time that this requirement would affect the approved Form MCS-150 in the OMB Control Number 2126-0013, “Motor Carrier Identification Report,” ICR. The wording in Notice section of the MCS-150 was changed but the burden hours and numbers of respondents did not change as a result of this Final Rule. However, a revised estimate that reflected a more accurate number of respondents and the time to complete the MCS-150 was done and submitted to OMB in June 1999. The OMB approved that revision to the ICR on October 4, 1999 through October 31, 2002. The estimated annual burden for the CMV marking requirement has not been updated since this approval.

FMCSA discovered that the annual burden for the CMV marking requirement needed to be updated during the development of the recent Notice of proposed rulemaking (NPRM) entitled, “Lease and Interchange of Vehicles; Motor Carriers of Passengers,” (78 FR 57822), September 20, 2013 (Attachment 4). The Agency, therefore, submits this new ICR retrospectively, to document the CMV marking requirement burden using up-to-date estimations that are reflective of current Agency data, industry statistics and business practices.

This information collection supports the DOT strategic goals of safety and organizational excellence.

2. HOW, BY WHOM, AND FOR WHAT PURPOSE IS THE INFORMATION USED

The marking requirements apply to motor carriers, freight forwarders and intermodal equipment providers (IEPs) engaging in interstate transportation. The Agency does not require a specific method of marking as long as the method complies with FMCSA’s regulations. These requirements will ensure that FMCSA, NTSB and the States are able to identify motor carriers and correctly assign responsibility for regulatory violations during inspections, investigations, compliance reviews, and crash studies. These requirements will also provide the public with beneficial information that could also assist in identifying carriers for the purposes of commerce, complaints or emergency notification.

3. EXTENT OF AUTOMATED INFORMATION COLLECTION

Motor carriers will not be subject to any reporting requirement in response to this ICR.

4. EFFORTS TO IDENTIFY DUPLICATION

There are no other Federal agencies that have the commercial motor vehicle marking requirement.

5. EFFORTS TO MINIMIZE THE BURDEN ON SMALL BUSINESSES

The marking requirements impose minimal burden on small businesses. Considerable flexibility is afforded in meeting those requirements. Marking may be painted on the vehicles, applied with stencils, decals, or affixed by any other means, including paper, provided the method(s) meets the requirements. The cost of marking includes the cost of materials, labor, and the opportunity cost of the vehicles' time out of service (negligible).

6. IMPACT OF LESS FREQUENT COLLECTION OF INFORMATION
   
   

The appropriate marking of vehicles, owned, leased or rented, would assist FMCSA to identify unsafe and therefore high risk motor carriers. This ICR would also greatly assist investigators to meet the standard burden of proof to prosecute non-compliant carriers, as well as assist State partners during accident investigations in determining the responsible motor carrier involved in a CMV crash. The requirement at hand is not a collection per se, but a marking requirement, which depending on the need and method, could be permanent or temporary.

7. SPECIAL CIRCUMSTANCES

There are no special circumstances associated with this ICR.

8. COMPLIANCE WITH 5 CFR 1320.8
   
   

On April 11, 2013 (78 FR 21705) (See Attachment 3), FMCSA published a notice in the Federal Register requesting public comments on this proposed new ICR. The FMCSA received no comments in response to this notice.

FMCSA published a second notice on August 1, 2013 (78 FR 46677) (See Attachment 4) with a 30-day comment period that announced this information collection will be submitted to OMB for approval.

9. PAYMENTS OR GIFTS TO RESPONDENTS
   
   

No payments or gifts are provided.

10. ASSURANCE OF CONFIDENTIALITY

There are no confidential reporting requirements associated with this information collection. The requirement is limited to marking vehicles operated in interstate commerce with an FMCSA-furnished USDOT registration number.

11. JUSTIFICATION FOR COLLECTION OF SENSITIVE INFORMATION
    
    

The information requested and collected is not of a sensitive nature.

12. ESTIMATE OF BURDEN HOURS FOR INFORMATION REQUESTED

The estimate of burden hours depends on four factors: the type of entity, size of entity, type of vehicle ownership (owned vs. leased), and the type of marking.

Component 1: Freight-carrying commercial motor carriers (i.e., trucking companies)

• Small carriers are assumed to use individual stencil kits.

• Medium carriers are assumed to use larger stencil kits.

• Large carriers are assumed to use individually developed decals.

The estimated average time for affixing a DOT number is 12 minutes (assuming an average of 7 digits), and the estimated average time for affixing a carrier name is 14 minutes (assuming an average of 21 alphanumeric characters); these estimates incorporate a number of factors that vary, including marking via stencils versus decals, amount of cleaning required, weather, and whether a new or existing vehicle is being marked.¹ (These estimates are based on responses to the Federal Highway Administration [FHWA, the predecessor organization to the FMCSA] interviews with metropolitan Washington, D.C. signage companies and Agency employees formerly employed by the motor carrier industry, which were undertaken during the original rulemaking process. This rule was published July 3, 2000.²) The combined total is 26 minutes.

FMCSA’s Motor Carrier Management Information System (MCMIS) database indicates that there are 495,000 freight carriers comprised of 3,777,000 CMVs, as of an August 24, 2012 snapshot. (Both figures are rounded.)

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) published a report in 1994 which suggests that the average operational life of a heavy-duty commercial motor vehicle was 14.7 years.³ Therefore, the Agency assumes that one new freight-carrying CMV is acquired every 14.7 years (i.e., approximately 6.8 percent of all freight-carrying CMVs are replaced with new CMVs every year).

In addition, the Final Regulatory Evaluation for the FMCSA’s Inspection, Repair, and Maintenance Requirements for Intermodal Equipment Providers suggests that the average life of a weatherproof vinyl label (as attached to an IEP) is 3 years.⁴ Without more authoritative information on the lifetimes of both freight-carrying motor vehicles and other types of labeling (e.g., paper), the Agency uses these as estimates of all freight-carrying CMVs and all types of labels (realizing that some labels will likely last less than 3 years [e.g., paper] and some will likely last more than 3 years).

As noted previously, the average useful life of a label of 3 years is used in this analysis; further, because of the absence of more reliable data on the sale and resale of used freight carrying CMVs, for purposes of this analysis and to simplify calculations, the Agency assumes that the average turnover of these vehicles is not more frequent than once every 3 years. The implication of this assumption is that one-third of freight-carrying CMVs are either resold in a secondary market and undergo re-identification or are retained by the owner and undergo relabeling (due to the label reaching the end of its useful life). This implication is employed in the calculation of impacted freight-carrying CMVs.

With these assumptions in mind, the Agency estimates the number of newly-acquired freight-carrying CMVs to be 257,000 per year (3,777,000 total freight carrying CMVs ÷ 14.7 years average freight-carrying CMV operational life, rounded to the nearest thousand). The number of resold and re-identified freight-carrying CMVs is estimated to be 1,173,000 per year ([3,777,000 total freight carrying CMVs – 257,000 newly acquired CMVs] ÷ 3 years average re-identification rate, rounded to the nearest thousand). This results in an estimated 1,430,000 freight-carrying CMVs (257,000 + 1,173,000) impacted by marking requirements annually.

The estimated 1,430,000 freight-carrying CMVs impacted by the marking requirements are expected to generate 1,430,000 responses annually.

The estimated total number of annual burden hours (accounting for the total of CMVs) is 620,000 (1,430,000 responses × 26/60 minutes per hour, rounded).

The estimated total number of annual respondents (i.e., impacted freight-carrying motor carriers) is 187,000 (1,430,000 impacted vehicles / 3,777,000 total vehicles × 495,000 total freight carriers, rounded to the nearest thousand).

Component 2: Passenger-carrying commercial motor carriers

• Owned vehicles are assumed to use decals or stencils for permanent signage.

• Lease and rented vehicles are assumed to use paper signage, and incur a negligible burden.

The passenger carrier population impacted by the marking requirements consists of motor carriers transporting passengers in interstate commerce in CMVs that either: (1) have a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; (2) are designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) are designed or used to transport more than 15 passengers (including the driver) and are not used to transport passengers for compensation.

The MCMIS database indicates that there are 10,000 passenger carriers that operate 174,000 CMVs, as of an August 24, 2012 snapshot. (Both figures are rounded.)

• Approximately 157,000 (or 90 percent of the 174,000) CMVs are owned and assumed to use decals or stencils for permanent signage.

• The remaining 17,000 (or 10 percent of the 174,000) CMVs are term- or trip-leased and assumed to use paper signage. (Both figures are rounded.)

Average annual rates of the resale of used passenger-carrying CMVs could not be readily located. To arrive at an estimate, the Agency makes equivalent assumptions about the proportion of newly acquired and re-identified passenger-carrying CMVs as was made for freight-carrying CMVs (i.e., nearly 1/15 of current fleet are newly acquired, 1/3 of current fleet are resold and/or re-identified every year).

Marking of owned vehicles (which use decals or stencils, see above) takes 26 minutes, consistent with other previous estimates calculated herein. Marking of leased vehicles (which use paper signs, see above) takes a negligible amount of time (i.e., assumed 0 minutes).

The estimated number of newly-acquired owned passenger-carrying CMVs of 11,000 per year (157,000 owned passenger-carrying CMVs ÷ 14.7 years average CMV operational life, rounded to the nearest thousand). The number of resold and owned re-identified passenger-carrying CMVs is estimated to be 49,000 per year ([157,000 owned passenger-carrying CMVs – 11,000] ÷ 3 years average re-identification rate, rounded to the nearest thousand). This results in an estimated 60,000 owned passenger-carrying CMVs (11,000 + 49,000) impacted by marking requirements annually.

The estimated number of newly acquired leased passenger-carrying CMVs is approximately 1,000 per year (17,000 leased passenger-carrying CMVs ÷ 14.7 years average CMV operational life, rounded to the nearest thousand); and the estimated number of resold and re-identified leased passenger-carrying CMVs is estimated to be 5,000 per year ([17,000 leased passenger-carrying CMVs – 1,000 newly acquired CMVs] ÷ 3 years average re-identification rate, rounded to the nearest thousand). This results in an estimated 6,000 leased passenger-carrying CMVs (1,000 + 5,000) impacted by marking requirements annually.

The total number of passenger-carrying CMVs impacted by the marking requirements is estimated to be 66,000 per year (60,000 +6,000).

The estimated total number of annual burden hours (accounting for the respective total number of vehicles) attributed to marking is 26,000 (26/60 minutes per hour × 60,000 CMVs marked with decals or stenciled marking + 0 minutes per hour × 6,000 CMVs marked with paper signage).

The Agency estimates the total number of annual respondents (i.e., passenger-carrying motor carriers) as 4,000 ([(60,000 impacted vehicles + 6,000 leased vehicles) / 174,000 total vehicles] × 10,000 passenger-carrying carriers).

Component 3: Intermodal equipment providers (IEPs)

• The majority of IEPs, about 90 percent, mark their equipment electronically into the Intermodal Association of North America (IANA) database.

• The remaining 10 percent are assumed to use decals or stencils.

The MCMIS database indicates that there are 94 registered IEPs comprising 535,000 (figure rounded) intermodal trailers, chassis and equipment owned or leased as of a July 27, 2012 snapshot. The burden hours associated with the marking requirements will only include those incurred by the 10 percent of the impacted IEP population that does not elect to input their equipment information into the IANA database. The total number of IEPs (or respondents) impacted by the marking rules is approximately 9 (or 10 percent of 94). The estimated count of intermodal trailers/chassis/equipment not marked electronically is assumed to be 10 percent of 535,000, or approximately 54,000.

As noted previously, the Final Regulatory Evaluation for the FMCSA’s Inspection, Repair, and Maintenance Requirements for Intermodal Equipment Providers suggests that the average life of a weatherproof vinyl label (as attached to an IEP) is 3 years.⁵ It also suggests that the operational life of an intermodal chassis is 14.7 years (and thus nearly 1/15 of the intermodal chassis pool turns over each year).⁶ Similar to the calculations performed in Component 1, the Agency estimates the count of newly acquired intermodal trailers/chassis/equipment is 4,000 per year (54,000 decal-marked intermodal equipment ÷ 14.7 years average intermodal chassis life, rounded to the nearest thousand); and the number of existing intermodal trailers/chassis/equipment requiring re-identification is estimated to be 17,000 per year ([54,000 decal-marked intermodal equipment – 4,000 newly acquired units] ÷ 3 years average weatherproof vinyl label life, rounded to the nearest thousand).

Thus, the total estimate of intermodal trailers/chassis/equipment impacted by the marking requirements is 21,000 annually (4,000 + 17,000).

The estimated total number of annual burden hours attributed to marking by this segment is 9,000 (26/60 minutes per hour × 21,000 intermodal chassis, trailers, and equipment owned or leased by IEPs not inputted into the IANA database per year, rounded).

The total number of IEPs (or respondents) impacted by the marking rules is approximately 9 (or 10 percent of 94).

Summary

The totals are presented below in Table 1. The table displays previously calculated estimates, including number of respondents (number of carriers and IEPs with impacted CMVs and intermodal equipment), number of responses (number of impacted CMVs and intermodal equipment), and the total annual hour burden of all responses across vehicles and equipment.

Table 1. Summary of Total Annual Respondents, Responses, and Burden by Component (all figures are rounded)

Component	Number of Respondents	Number of Responses	Hourly Burden
Component 1: Freight Carriers	187,000	1,430,000	620,000
Component 2: Passenger Carriers	4,000	66,000	26,000
Component 3: IEPs	9	21,000	9,000
Total	191,000	1,517,000	655,000

Estimated Total Annual Burden: 655,000 hours spent by motor carriers and IEPs marking CMVs with a DOT number and carrier information.

Estimated Total Annual Respondents: 191,000 motor carriers and IEPs.

Estimated Total Annual Responses: 1,517,000 responses regarding the marking of freight-carrying CMVs, passenger-carrying CMVs, and intermodal equipment and vehicles.

FMCSA calculated labor costs based on a truck mechanic’s national mean hourly wage of $18.77 for the General Freight Trucking industry,⁷ fringe benefits of 55 percent,⁸ and overhead of 27 percent.⁹ The estimated hourly labor cost is $36.95 (= $18.77 × 1.55 × 1.27). Given the annual hour burden of 655,000 across all carriers and IEPs, the estimated total annual labor burden cost is $24,202,000 (655,000 burden hours × $36.95 per hour, rounded to the nearest thousand).

13. ESTIMATE OF TOTAL ANNUAL COSTS TO RESPONDENTS

The estimated total annual costs to respondents vary by entity, as explained above. The total annual cost per respondent depends on the material cost per vehicle. The marking requirements call for the display of the carrier’s name and address (city and state) and USDOT number. The marking must be displayed on both sides of the vehicle (equipment).

Due to the diversity of carriers and the dynamics of renting and leasing of vehicles and equipment, the estimate of cost is based on a recent snapshot (August 24, 2012) of carrier and CMV counts. The CMV count is of owned, leased and rented vehicles combined. The annual cost per carrier is estimated based on the average size of carrier, as explained below.

1. Freight-carrying commercial motor carriers.

The vast majority of these carriers currently use stencils or decals for marking, as these are the cheapest methods. The paper option is not conducive to this type of carrier. The distribution of freight carriers by size is presented below in Table 2. As shown, the majority (86 percent) of those carriers is small (1–6 CMVs).

Table 2. Distribution of Freight Carriers by Size (2012)

Carrier Size	Carriers	Carriers percent	CMVs	CMVs percent
1-6	426,161	86 percent	808,337	21 percent
7-19	46,379	9 percent	503,016	13 percent
20-100	18,928	4 percent	741,086	20 percent
101+	3,556	1 percent	1,724,578	46 percent
Total	495,024	100 percent	3,777,017	100 percent

The Agency applies the percentage distributions from Table 2 to the estimated total numbers of impacted freight carriers and CMVs to estimate the distribution of impacts by carrier size (see Table 3).

Table 3. Estimated Distribution of Impacted Freight Carriers by Size
Carrier Size	Carriers percent	Impacted Carriers	CMVs percent	Impacted CMVs
1-6	86 percent	160,820	21 percent	300,300
7-19	9 percent	16,830	13 percent	185,900
20-100	4 percent	7,480	20 percent	286,000
101+	1 percent	1,870	46 percent	657,800
Total	100 percent	187,000	100 percent	1,430,000

The estimated marking costs, consisting of both material and labor costs, are depicted below in Table 4. The estimates are the inflation-updated numbers submitted in the Final Regulatory Evaluation for Motor Vehicle Marking Requirement rulemaking.¹⁰ The updated estimates are used for the purpose of convenience, consistency, and due to the lack of uniformity of costs and options. Current research shows prices ranging from $6 to $1,000, depending on the type, quality, quantity, and durability of the option, as well as whether it is a do-it-yourself tool or custom-made.

Table 4. Estimated Marking Costs per Vehicle- by Freight Carrier Size

Freight Carrier Size, by Number of Vehicles	Material Cost, per Vehicle		Total Cost per Vehicle
	Affixing Carrier DOT#	Affixing Carrier Name
1-6	$11.10	$16.70	$27.80
7-19	$8.30	$12.50	$20.80
20-100	$5.50	$8.30	$13.80
101+	$2.80	$4.10	$6.90

The estimated marking cost per carrier (summarized in Table 5) will vary according to the fleet size per carrier. The analysis uses MCMIS data (August 24, 2012 snapshot) to estimate average fleet size for each carrier size category. This is done by selecting the carrier fleet size at which the level of CMVs is nearest to the 50^th percentile for that category. For example, in the 7–19 category MCMIS data indicates that 51 percent of CMVs have a fleet size of up to 11 CMVs; therefore, the average fleet size for this category is approximately 11 CMVs. The last size category (101+) consists of a wide range of sizes including thousands of units. Yet a large portion of that category is 101–300. Therefore, the analysis assumes an average fleet size for the 101+ of 300 CMVs. The total cost per carrier for that category is $2,070. Average fleet size and cost per carrier for each category is presented in Table 5 below.

Table 5. Average Material Cost per Carrier

Freight Carrier Size, by Number of Vehicles	Average Fleet Size	Material Cost per Vehicle	Average Cost per Carrier
1-6	3	$27.80	$83.40
7-19	11	$20.80	$228.80
21-100	44	$13.80	$607.20
101+	300	$6.90	$2,070

The total cost for all freight-carrying motor carriers is estimated by applying the material cost per vehicle to the number of CMVs corresponding to its size category. For example, the 1–6 carrier size category incurs a cost of $8,850,000 (318,360 CMVs × $27.80 per vehicle). The total cost for all categories of freight-carrying motor carriers is $21,945,000 per year. Table 6 presents this information.

Table 6. Total Material Cost to Freight Carriers

Carrier Size	Number of CMVs	Material Cost per Vehicle	Total Cost
1-6	300,300	$27.80	$8,348,000
7-19	185,900	$20.80	$3,867,000
20-99	286,000	$13.80	$3,947,000
100+	657,800	$6.90	$4,539,000
Total	1,430,000		$20,701,000

2. Passenger-carrying commercial motor carriers.

The majority of interstate passenger carriers are small entities with an average fleet of 10 CMVs. As stated above, the majority (90 percent) of CMVs of passenger carriers are owned by their operators. Those CMVs are assumed to be permanently marked. The estimated cost per vehicle of such marking is stated in Table 7. Consequently, the average cost of marking per passenger carrier is $278.¹¹

Table 7. Estimated Marking Cost per Passenger-Carrying Carrier

Material Cost, per Vehicle		Total Cost per Vehicle	Average Fleet Size	Cost per Average Size Carrier per year
Affixing Carrier DOT#	Affixing Carrier Name
$11.10	$16.70	$27.80	10	$278

There are an estimated 60,000 passenger-carrying CMVs that require marking with decals or stencil; therefore, the total cost for all passenger carriers impacted by the marking rule is $1,668,000 per year (60,000 CMVs × $27.80 per vehicle)

3. Intermodal equipment providers.

As stated above, the overwhelming majority (90 percent) of IEPs voluntarily mark their vehicles and equipment electronically into the Intermodal Association of North America (IANA) database. Actual physical marking is assumed of the remaining 10 percent of those entities. The total number of equipment owned, leased or rented by that segment of IEPs and that would require marking was estimated at 21,000. The cost per entity depends on the quantity and combination of equipment which varies considerably. For simplicity, the Agency applies the average number of units per fleet for all IEPs, i.e., 2,300 per year (21,000 impacted units ÷ 9 IEPs, rounded to nearest hundred). Regarding the cost of marking per unit, the Agency applies the total cost (DOT# and name material costs) used above (in Table 3) for freight carriers, except that the cost estimate used here is for carriers with a 1,000+ units (not shown). That cost estimate is $3.50 per unit, which is the inflation-adjusted estimate of the number submitted in the Final Regulatory Evaluation submitted in the original Final Rule.

Table 8. Estimated Marking Cost per IEP

Material Cost, per Vehicle		Total Cost per Unit	Average Annual Impacted Units per IEP	Cost per Average Size IEP per year
DOT#	Name
$1.40	$2.10	$3.50	2,300	$8,050

Table 8 presents the average marking cost per IEP is thus $8,050 ($3.50 × approximately 2,300 units per IEP). The total material cost for all IEPs impacted by the marking rule is $74,000 ($3.50 per unit × approximately 21,000 units, rounded to the nearest thousand).

Summary

Table 9 presents the average cost incurred per carrier/IEP and total cost for all carriers/IEPs. The average cost per freight-carrying carrier is estimated as a weighted average of the fleet size categories.

Table 9. Total Annual Costs to Respondents

	Average Cost per Carrier/IEP	Cost for all Carriers/IEPs
Freight Carriers	$131.32	$20,701,000
Passenger Carriers	$378.50	$1,668,000
IEPs	$3.50	$74,000
Total Cost	$115.94	$22,443,000

13. ESTIMATE OF COST TO THE FEDERAL GOVERNMENT

None. The cost of educating the motor carriers and lessees of the marking requirements and the enforcement of those requirements at the roadside during crash and compliance investigations would be covered by existing personnel without further impact to the government.

13. EXPLANATION OF PROGRAM CHANGES OR ADJUSTMENTS
    
    

This is a new ICR for CMV marking requirements.

13. PUBLICATION OF RESULTS OF DATA COLLECTION
    
    

The results of this ICR will not be published.

13. APPROVAL FOR NOT DISPLAYING THE EXPIRATION DATE OF OMB APPROVAL

Not applicable.

13. EXCEPTIONS TO CERTIFICATION STATEMENT
    
    

None.

Attachments:

1. 49 CFR 390.21, “Marking of self-propelled CMVs and intermodal equipment.”

2. U.S.C. 31133(a)(8), “Prescribe recordkeeping requirements,” or 31133(a) (10), “Perform other acts the Secretary considers appropriate.”

3. Final rule entitled, “Federal Motor Carrier Safety Regulations: General Commercial Motor Vehicle Marking,” (65 FR 35287), June 2, 2000.

4. NPRM entitled, “Lease and Interchange of Vehicles; Motor Carriers of Passengers,” (78 FR 57822), September 20, 2013.

5. 60-day comment request Federal Register notice (78 FR 21705), April 11, 2013.

6. 30-day comment request Federal Register notice (78 FR 46677), August 1, 2013.

1 Motor Vehicle Marking Requirement Final Regulatory Evaluation and Regulatory Flexibility Analysis, available at http://www.regulations.gov/#!documentDetail;D=FMCSA-1998-3947-0200, accessed on March 1, 2013.

2 65 CFR 107, 35287-35297.

3 DOT HS 808 080, Final Report: A Study of Commercial Motor Vehicle Electronics-Based Rear and Side Object Detection Systems, January 1994, available at www.nhtsa.gov, accessed on March 14, 2013.

4 Available at http://www.regulations.gov/#!docketDetail;D=FMCSA-2011-0046, accessed on March 14, 2013.

5 See footnote 4.

6 Ibid.

7 See Occupation 49-3031, Bus and Truck Mechanics and Diesel Engine Specialists, NAICS 484100, General Freight Trucking at http://www.bls.gov/oes/current/naics4_484100.htm, accessed on March 15, 2013.

8 The ratio of total fringe benefits to wages and salaries for transportation and warehousing workers. See http://www.bls.gov/news.release/archives/ecec_06072012.pdf. Table 10, Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, by industry group, March 2012. Transportation and Warehousing. http://www.bls.gov/news.release/pdf/ecec.pdf. Accessed March 7, 2013.

9 Industry data gathered for the Truck Costing Model developed by the Upper Great Plains Transportation Institute Berwick and Farooq showed an average cost of $0.107 per mile of CMV operation for management and overhead, and $0.39 per mile for labor, indicating an overhead rate of 27 percent ($0.107 ÷ $0.39). See Berwick and Farooq. “Truck Costing Model for Transportation Managers.” Upper Great Plains Transportation Institute, North Dakota State University (2003) accessed on June 18, 2012 at http://ntl.bts.gov/lib/24000/24200/24223/24223.pdf. See Appendix A, pp. 42-47.

10 Motor Vehicle Marking Requirement Final Regulatory Evaluation and Regulatory Flexibility Analysis, available at http://www.regulations.gov/#!documentDetail;D=FMCSA-1998-3947-0200, accessed on March 1, 2013.

11 With regard to large passenger carriers, particularly those with fleets exceeding 100 CMVs, FMCSA assumes the cost of marking per unit would be lower, considering economies of scale and volume discounting. However, the estimate is retained in the analysis to provide conservative estimates.

14