OMB files this
comment in accordance with 5 CFR 1320.11(c). This OMB action is not
an approval to conduct or sponsor an information collection under
the Paperwork Reduction Act of 1995. This action has no effect on
any current approvals. When and if the agency submits the ICR
associated with the final rule, the agency is reminded to follow
the procedures in 5 CFR 1320 regarding collections associated with
rules
Inventory as of this Action
Requested
Previously Approved
09/30/2021
36 Months From Approved
09/30/2021
346,148,110
0
346,148,110
13,791,001
0
13,791,001
527,366,247
0
527,366,247
It is generally recognized that there
is a relationship between inspection, repair, and maintenance
practices for CMVs and defect-related CMV accidents. CMVs are
frequently operated in excess of 100,000 miles annually. Safety
professionals, enforcement officials and personnel, and employees
in the trucking and motorcoach industries recognize that
documenting CMV inspection, repair, and maintenance is an important
activity to the furtherance of highway safety. These records are
also critically important in determining if a motor carrier's
maintenance practices were causal factors in an accident. The
purpose of the collection is to enable FMCSA and State enforcement
personnel to evaluate a motor carrier's CMV maintenance program by
the documentation of CMV inspection, repair, and maintenance. FMCSA
will also be able to check the current level of regulatory
compliance of the carrier at any point in its maintenance schedule
or program. The information collection ensures that motor carriers
have adequate records to document the inspection, repair, and
maintenance of their CMVs, and to ensure that adequate measures are
taken to keep their CMVs in safe and proper operating condition at
all times. Compliance with the inspection, repair, and maintenance
regulations helps to reduce the likelihood of accidents
attributable, in whole or in part, to the mechanical condition of
the CMV. FMCSA does not require inspection, repair and maintenance
information to be submitted to the agency. The information
collection is mandatory. Motor carriers and IEPs are required to
maintain the equipment information at their facilities and to make
the information available if requested during a compliance review
or investigation. This information collection involves only one
reporting requirement that has no confidentiality implications. All
other components of this information collection are recordkeeping
requirements. The recordkeeping requirements are minimal and there
are no prescribed forms for carriers to use to meet these
requirements. For some required records, motor carriers may either
maintain them or cause a third party to do so. The regulations also
permit the motor carrier to establish its own systematic CMV
maintenance program on either a mileage or time basis. The
information is used by the FMCSA and State officials during
compliance and enforcement activities to verify that a motor
carrier (and, for IME, an IEP) has established an inspection,
repair, and maintenance program for its equipment which meets the
standards in part 396. During these activities, FMCSA and State
officials and representatives examine the information to determine
whether the motor carrier systematically inspects, repairs, and
maintains all CMVs subject to its control. The systematic program
must include routine inspections and maintenance. The program must
also include reports of vehicle defects by drivers, thorough
inspections at least once per year by qualified individuals, and
performance of work on brakes by qualified employees. On November
12, 2019, the FMCSA published a notice of proposed rulemaking
(NPRM) that proposes to rescind the requirement that drivers of
passenger-carrying commercial motor vehicles (CMVs) operating in
interstate commerce submit, and motor carriers retain,
driver-vehicle inspection reports (DVIRs) when the driver has
neither found nor been made aware of any vehicle defects or
deficiencies (no-defect DVIRs) (84 FR 60990). The Agency estimates
that passenger-carrying CMV drivers spend approximately 2.4 million
hours each year completing no-defect DVIRs, and that the proposed
rule would result in a cost savings of $74 million per year. This
proposed rule would remove an information collection burden without
adversely impacting safety.
US Code:
49
USC 31502 Name of Law: Requirements for qualification, hours of
service, and equipment standards
This update revises the
information collection consistent with the NPRM published on
November 12, 2019 that, if adopted as final, will eliminate the
requirement that drivers of passenger-carrying CMVs operating in
interstate commerce, submit, and motor carriers retain, DVIRs when
the driver has neither found nor been made aware of any vehicle
defects or deficiencies. The IC "Driver Vehicle Inspection Reports
for Burden for No-Defect DVIRs for Passenger-Carrying Vehicles" is
being eliminated which results in a decrease of 55,782,505
responses, a decrease of 2,401,747 burden hours, and a decrease of
$91,842,795 in burden costs.
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.
PRA-2126-0003 Supporting Statement Revisions for Pass Carrier No Defect DVIR NPRM 02.14.20.docx
FR Notice “Regulatory Review of Existing DOT Regulations” (76 FR 8940).pdf
Section 4118 of SAFETEA-LU.doc
Transportation Equity Act for the 21st Century.html
Evidence of Brake Inspector Qualifications