This ICR is a renewal for a mandatory
collection for reporting, recordkeeping, and disclosure. The Hours
of Service (HOS) rules apply to both property and passenger motor
carriers. The HOS rules set limits on the on-duty time and driving
time of CMV drivers, and mandate the amount and frequency of the
time off-duty that such drivers must receive. Two types of
information are collected under this IC: (1) drivers’ daily record
of duty status (RODS) (electronic records or, in some cases, paper
logbooks), and (2) supporting documents, such as fuel and toll
receipts, that may be used by motor carriers to verify the accuracy
of the RODS and to document expense deductions taken in the
determination of taxable income. The information is collected on an
annual basis. The purpose of the collection of the RODS and
supporting documents of the HOS rules is to provide the Agency with
its most effective tool in combating driver fatigue. Enforcement
officials at roadside employ the RODS and supporting documents to
determine the amount of time a driver has spent off duty prior to
the driver’s current duty day. They also determine the amount of
time the driver has been on duty that duty day, and the amount of
time the driver has been behind the wheel driving during the duty
day. Enforcement officials examine the RODS for seven of the
immediately preceding days to determine compliance with the HOS
rules. The RODS are an invaluable tool used to detect inaccurate
and falsified logs that facilitates removing fatigued, unsafe
drivers off the road. Enforcement officials employ the RODS and
supporting documents retained by the motor carrier when conducting
on-site investigative reviews of motor carriers. The safety
assessments that result from such reviews are public information,
and many shippers routinely examine the assessments, as well as
crash and regulatory compliance records, when selecting a motor
carrier. The Motor Carrier Safety Assistance Program (MCSAP)
requires States, as a condition of receiving grant funding, to
adopt and enforce State CMV safety laws and regulations that are
compatible with the FMCSRs and these include the HOS rules. States
embrace the Federal enforcement scheme for regulating safety in the
operation of CMVs, and work closely with Federal investigators in
enforcing the HOS rules. Motor carriers also help FMCSA detect
fatigued drivers. It is in their interest to be proactive in
detecting inaccuracy or falsification of RODS by their CMV drivers
to avoid the penalties resulting from such infractions. Replacing
paper RODS with electronic RODS enhances the accuracy and minimizes
the falsification of RODS. Motor carriers will continue to examine
the supporting documents, such as fuel receipts, toll receipts,
bills of lading, repair invoices, and compare them to the entries
on the RODS. Comparing supporting documents to the RODS helps the
motor carrier verify the accuracy of the HOS reported by their CMV
drivers. Motor carrier use of the RODS and driver-supplied
supporting documents enhances driver adherence to the HOS rules,
keeps fatigued drivers off the road, and helps FMCSA protect the
public. This ICR supports the Department of Transportation’s
Strategic Goal of Safety because the information helps the Agency
improve the safety of drivers operating CMVs on our Nation’s
highways.
US Code:
49
USC 526 Name of Law: General criminal penalty when specific
penalty not provided
US Code: 49
USC 31502 Name of Law: Requirements for qualification, hours of
service, safety, and equipment standards
US Code: 49
USC 31136 Name of Law: United States Government regulations
US Code: 49
USC 522 Name of Law: Reporting and recirds keeping
violations
US Code: 49
USC 521 Name of Law: Civil penalties
The total average burden hours
are reduced from 99.46 million to 41.04 million, a reduction of
58.42 million burden hours. Driver burden hours reflects that the
ELD mandate is in effect for the entire three-year information
collection period and there is an estimated growth in the driver
population. The total reduction of driver burden hours is 37.01,
due to a decrease in burden in completing and reviewing the RODS
and electronically transmittal of RODs. Total reduction in motor
carrier burden hours is 21.42, due to a decrease in burden in motor
carrier review of RODS, retention of RODS, and retention of
supporting documents.
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.
Attachment T 49 CFR 395.22(h)(4).docx
Attachment O 5 USC 552a Privacy Act 1974 as amended.pdf
Attachment N 5 U.S.C. 552.doc
Driver HOS Information Collection Tasks