Commercial Motor Vehicle Marking Requirements

Forms and Documents

Document Name	Status
PRA-2126-0054 CMV Marking Final Rule SS.docx Supporting Statement A	2019-08-16
Attachment D (49 USC 31133).pdf Supplementary Document	2019-08-16
Attachment B (83 FR 47764).pdf Supplementary Document	2019-06-25
Attachment A (83 FR 62505).pdf Supplementary Document	2019-06-25

IC Document Collections

IC ID	Document Title	Status
232575	Intermodal Equipment Providers (IEPs)	Unchanged
232574	Passenger-Carrying Commercial Motor Vehicles	Unchanged
208048	Freight-Carrying Commercial Motor Carriers	Unchanged

ICR Details

OMB Control No: 2126-0054	ICR Reference No: 201908-2126-002
Status: Active	Previous ICR Reference No: 201906-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Commercial Motor Vehicle Marking Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/07/2019
	Date Received in OIRA: 08/29/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	36 Months From Approved	10/31/2021
Responses	2,708,527	0	2,633,302
Time Burden (Hours)	1,173,695	0	1,134,996
Cost Burden (Dollars)	41,148,582	0	33,311,174

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Abstract: 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 system, a cooperative Federal/State program that makes motor carrier safety a requirement for obtaining and maintaining commercial motor vehicle registration and privileges. The marking requirements are mandatory and apply to freight-carrying commercial motor carriers (i.e., trucking companies), passenger-carrying commercial motor carriers, and intermodal equipment providers (IEPs) engaging in interstate transportation. The Agency provides performance-based requirements for the marking but does not require a specific method of marking as long as the method complies with FMCSA’s regulations. These requirements 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. The appropriate marking of vehicles, owned, leased or rented, assists FMCSA in identifying motor carriers and monitoring the safety performance and crash involvement, thereby helping the Agency identify unsafe, high risk motor carriers. This ICR also greatly assists FMCSA and its State partners in meeting the standard burden of proof for enforcement actions against non-compliant carriers, as well as assists State partners during accident investigations in determining the responsible motor carrier involved in a CMV crash. The regulations include a marking requirement, which depending on the need and method could be permanent or temporary. Only enough information is collected to maintain tracking of intermodal equipment. The FMCSA NPRM and final rule titled “Lease and Interchange of Vehicles; Motor Carriers of Passengers,” to be published, amends the existing regulations in 49 CFR part 390 regarding the lease and interchange of passenger-carrying commercial motor vehicles (CMVs), including how leased and interchanged passenger-carrying vehicles must be marked. In doing so, this NPRM and final rule affects the burden associated with this existing currently approved ICR. FMCSA needs to update the annual burden for CMV marking requirements due to changes resulting from the NPRM and final rule “Lease and Interchange of Vehicles; Motor Carriers of Passengers,” to be published, which removes the temporary marking requirement for leased passenger-carrying CMVs.

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Authorizing Statute(s): US Code: 49 USC 31133 Name of Law: General Powers of the Secretary of Transportation
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC07	Final or interim final rulemaking	84 FR 40272	08/14/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Freight-Carrying Commercial Motor Carriers
Passenger-Carrying Commercial Motor Vehicles
Intermodal Equipment Providers (IEPs)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,708,527	2,633,302	0	75,225	0	0
Annual Time Burden (Hours)	1,173,695	1,134,996	0	38,699	0	0
Annual Cost Burden (Dollars)	41,148,582	33,311,174	0	-35,776	7,873,184	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is a change of 75,225 more responses, 38,699 more burden hours, and an additional $7,873,184 due to adjustment in agency estimate. The adjustment portion of the total change in burden is the result of factors other than deliberate Agency action, and may include, for example, changes resulting from the availability of new or improved data, the use of enhanced analysis or estimation methodologies, or the correction of arithmetic or other errors made previously when calculating the burden for the currently approved information collection. There is a change of $35,776 less due to change in Agency discretion. The program change is the result of deliberate Agency action, in this case the final rule “Lease and Interchange of Vehicles; Motor Carriers of Passengers” to be published, that is the basis for this ICR revision. There is a small reduction in cost burden of $35,776 due to program change, resulting from the elimination of the requirement for temporary marking of leased passenger-carrying CMVs under the final rule.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/29/2019

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