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 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 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.
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 – 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 – 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