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. FMCSA
published a notice of proposed rulemaking (NPRM) on November 12,
2019, and the Final Rule (85 FR 50787) on August 18, 2020, that
propose 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). 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 and Final rule would result in a cost savings of $74 million
per year. This proposed rule and Final 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 Passenger Carrier
No-Defect DVIR rule that eliminates 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
current FMCSA estimate of the total annual hour burden of this
information collection associated with systematic inspection,
repair, and maintenance is 13,791,001 hours. The Agency estimates
that the revisions associated with the Passenger Carrier No-Defect
DVIR rule reduce this by approximately 2,401,747 hours, for a
revised estimated burden of 11,389,254 hours, and a decrease in the
number of responses by 55,782,505 for a revised number of
290,365,605 responses.
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 REVISED V3_Supporting Statement for Pass Carrier No Defect.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