This ICR estimates the burden
commercial motor vehicle (CMV) drivers and motor carriers incur to
comply with the mandatory reporting and recordkeeping tasks
required for motor carriers to maintain driver qualification (DQ)
files. FMCSA’s authority to require carriers to maintain DQ files
is in 49 U.S.C. 504, 31133, 31136, and 31502; 49 CFR 391.51; and 49
CFR 1.87. A motor carrier is required to maintain specified
information in a DQ file for each CMV driver it employs. The
purpose of the information is to document the driver’s
qualifications to operate a CMV. DQ files assist the motor carrier
in assessing the safety risk of hiring an individual to drive a
CMV. The DQ file documents that a driver: (1) is physically
qualified to operate a CMV, (2) has the experience and training to
safely operate the type of CMV he or she is assigned to drive, (3)
has the appropriate driver’s license, (4) has not been disqualified
from operating a CMV, and (5) has a history of avoiding high-risk
behavior. The annual burden associated with this information
collection consists of the Driver Hiring Process (IC-1), the Annual
Review of Driver Qualifications (IC-2), the Limited Exemptions from
Driver Qualification Documentation (IC-3), and the Driver Review
and Rebuttal of Safety Performance History (IC-4). The DQ file
assists Federal and State safety investigators in determining that
motor carriers are weighing these factors in deciding who may drive
CMVs on their behalf. Motor carriers collect and maintain part 391
information, and FMCSA does not require that information to be
submitted to the Agency. A motor carrier must make the part 391
information available when an FMCSA or State investigator conducts
an on-site review at the motor carrier’s place of business or
terminal. The ICR is a revision. FMCSA proposes to eliminate the
requirement that drivers operating commercial motor vehicles (CMVs)
in interstate commerce prepare and submit a list of their
convictions for traffic violations to their employers annually.
This requirement is largely duplicative of a separate provision
that requires each motor carrier to make an annual inquiry to
obtain the motor vehicle record (MVR) for each driver it employs
from every State in which the driver holds or has held a CMV
operator’s license or permit in the past year. To ensure motor
carriers are aware of traffic violations for a driver who is
licensed by a foreign authority rather than by a State, that
provision would be amended to provide that motor carriers must make
an annual inquiry to each driver’s licensing authority where a
driver holds or has held a CMV operator’s license or permit. This
change would require motor carriers to request the MVR equivalent
from Canadian and Mexican driver’s licensing authorities. FMCSA
expects that removing the requirement for drivers to provide a list
of their convictions for traffic violations to their employers
annually would reduce the paperwork burden on drivers and motor
carriers without adversely affecting CMV safety. IC-2.1, “Driver
submits list of violations” and IC-2.2, “Motor carrier files list
of violations in DQ file” are removed from the ICR in this
revision, and the driver population has been updated.
US Code:
49
USC 504 Name of Law: Reports and records
PL:
Pub.L. 98 - 554 98 Stat 2834 Name of Law: Motor Carrier Safety
Act of 1984
US Code: 49
USC 31502 Name of Law: Requirements for qualification, hours of
service, safety, and equipment standards
US Code: 49
USC 31133 Name of Law: General powers of the Secretary of
Transportation
US Code: 49
USC 31136 Name of Law: United States Government regulations
Rescinding 49 CFR 391.27,
resulting in the removal of IC 2.1 and IC 2.2, decreases the
responses by 3.6 million and eliminates 0.12 million burden hours,
however due to driver population growth there is a 0.07 million
increase in burden hours and a increase in the number of responses,
resulting in an overall decrease of 3,081,240 responses and 57,574
burden hours. The labor-related costs reported in the previous ICR
was removed from the table above. All labor-related costs are
reported in section 12 of the supporting statement.
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-2126-0004 NPRM SS Revision.docx
49 CFR 1.87.Delegations to the FMCSA Administrator.doc
The Motor Carrier Safety Act of 1984, Pub. L. 98-554, Title II, 98 Stat. 2832.pdf
IC-4.3 Driver prepares and submits rebuttal to previous employer