Acknowledgement of Use of COVID-19 Emergency Declaration Relief

Forms and Documents

Document Name	Status
emergency PR approval action memo COVID19_08242021 (002).pdf Supplementary Document	2021-08-24
emergency PRA approval FRN COVID19 ED 08232021 FOR SIGNATURE v3 clean (003).docx Supplementary Document	2021-08-24
emergency approval Supporting Statement COVID-19 08242021.docx Supporting Statement A	2021-08-24

IC Document Collections

IC ID	Document Title	Status
248956	Motor Carrier/Driver Sends Monthly Email to FMCSA Other-Questions with dropdown answers on FMCSA website.	New

ICR Details

OMB Control No:	ICR Reference No: 202108-2126-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Acknowledgement of Use of COVID-19 Emergency Declaration Relief
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/27/2021
Date Submitted to OIRA: 08/25/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	1,223,364	0
Time Burden (Hours)	305,841	0
Cost Burden (Dollars)	0	0

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Abstract: In accordance with the Paperwork Reduction Act (PRA) of 1995, FMCSA is requesting the Office of Management and Budget (OMB) emergency approval for a new information collection. The collection of information is associated with COVID-19 and the data collected will be used to inform FMCSA continued actions to support the nation’s COVID-19 recovery efforts. If granted, the emergency approval is only valid for 180 days. FMCSA plans to follow this emergency request with a submission for a 3-year approval through OMB's normal PRA clearance process. FMCSA is requesting emergency clearance to collect information regarding the number of motor carriers and drivers that are operating under Emergency Declaration No. 2020-002, in order to make a determination as to whether to continue to extend or modify the Emergency Declaration, expiring on August 31, 2021. This information is necessary as FMCSA currently has no way of monitoring how many motor carriers and drivers are operating under terms of the Emergency Declaration, which allows drivers to disregard certain portions of the federal motor carrier safety regulations (FMCSRs), including hours of service limits. FMCSA would like to ensure that the exemptions from FMCSRs are only being allowed if necessary. The reporting of information from interstate motor carriers is on a voluntary basis, once a month for six months. The information reported (estimate how many vehicles are operating under the ED each month and estimate how many times/days each vehicle relied upon the ED) is to be sent in an email to FMCSA if the motor carrier is operating in reliance upon Emergency Declaration 2020-002.

Emergency Justfication: FMCSA issued Emergency Declaration No. 2020-002 in response to the March 13, 2020 declaration of a national emergency under 42 U.S.C. § 5191(b) related to the coronavirus disease 2019 (COVID-19), and the immediate risk COVID-19 presents to public health and welfare. FMCSA modified Emergency Declaration 2020-002 to expand and remove categories of supplies, equipment, and persons covered by the Emergency Declaration to respond to changing needs for emergency relief. On May 26, 2021, FMCSA extended the modified Emergency Declaration No. 2020-002 and associated regulatory relief through August 31, 2021, in accordance with 49 CFR § 390.25. FMCSA continued the exemption and associated regulatory relief in accordance with 49 CFR § 390.25, because the presidentially declared emergency remained in place and because a continued exemption was needed to support direct emergency assistance for some supply chains. This extension of the expanded modified Emergency Declaration addresses national emergency conditions that create a need for immediate transportation of essential supplies and provides necessary relief from the Federal Motor Carrier Safety Regulations (FMCSRs) for motor carriers and drivers. The collection of this information is necessary for FMCSA to determine the extent that motor carriers and drivers are continuing to rely upon Emergency Declaration No. 2020-002, which provides exemptions from several provisions of the FMCSRs. FMCSA would like to minimize these exemptions as much as possible, as they fundamentally conflict with FMCSA’s core safety mission. Delay in acquiring this information may lead to unnecessary extensions of Emergency Declaration No. 2020-002, or to the expiration of a still necessary exemption. The collection of information is essential to the mission of the Agency. The Emergency Declaration provides relief from hours-of-service requirements, which are central to the FMCSRs. The new information collection is needed to inform FMCSA’s continued actions to support the nation’s COVID-19 recovery efforts. FMSCA has determined that the continuing national emergency warrants the extension of Emergency Declaration No. 2020-002 once again. It is imperative that FMCSA begin collecting this information once the next extension of the Emergency Declaration is in place, which must be on or before September 1, 2021. The new information collection is needed to determine the need for further extensions of Emergency Declaration No. 2020-20. The Agency cannot reasonably comply with the normal clearance procedures under this part because public harm is reasonably likely to result if normal clearance procedures are followed. FMCSA would likely extend the COVID-19 declaration if required to follow normal clearance procedures, which results in relief from the hours-of-service regulations, and any relaxation of the hours-of-service rules potentially decreases safety.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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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: 1

IC Title	Form No.	Form Name
Motor Carrier/Driver Sends Monthly Email to FMCSA

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ICR Summary of Burden

	Total Request	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	1,223,364	0	0	1,223,364	0	0
Annual Time Burden (Hours)	305,841	0	0	305,841	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new request for an emergency information collection. There are no capital/start-up costs and operation/maintenance to respondents to report in the table above.

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Annual Cost to Federal Government: $200,000

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? Yes

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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: 08/25/2021

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