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. FMCSAâs 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 driverâs 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 driverâs 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 carrierâs place of business or terminal.
The ICR is a revision due to the final rule titled Record of Violations and for the renewal of the ICR due to updated information relating to the driver population, turnover rates, and wage rate. 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 operatorâs 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 driverâs licensing authority where a driver holds or has held a CMV operatorâs license or permit. This change would require motor carriers to request the MVR equivalent from Canadian and Mexican driverâs 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, âDriver submits list of violationsâ and IC-2.2, âMotor carrier files list of violations in DQ fileâ are removed from the ICR in this revision, and the driver population has been updated.
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 504
Name of Law: Reports and records
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
Regulatory Change â IC-2 in the approved ICR supporting statement consists of three tasks. However, the Record of Violations final rule eliminated 49 CFR 391.27 and its reporting and recordkeeping requirements in IC-2.1 and IC-2.2, which resulted in 3,600,000 less responses and 120,000 less burden hours annually.
Adjustments â There is updated information for driver population, the driver turnover rate, and driver wage rate.
There is a 12.54 million increase (113.97 million requested-101.43 million) in the number of responses and a 1.96 million increase (14.23 million requested -12.27) in burden hours.
IC-1.3 reflects $160.1 million costs to request 16.01 million records IC-2 reflects $15.9 million costs to request 1.59 million records resulting in non-wage cost of $176 million shown in the table above. This is a $21.60 million increase ($176 million requested - $154.5 million) in MVR fees.
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 ROV Final Rule Supporting Statement.docx
Attachment I - 49 CFR 391.63 and 391.65.pdf
IC-4.3 Driver prepares and submits rebuttal to previous employer