Extension without change of a currently approved collection
No
Regular
Approved without change
07/09/2025
04/17/2025
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
07/31/2028
36 Months From Approved
07/31/2025
149
0
131
119
0
97
268
0
0
This is a request for renewal of an approved collection of information covering non-medical waivers and exemptions. The ICR estimates the burden an individual, motor carrier, State, or SDLA incurs to comply with the mandatory reporting tasks required for requesting waivers and exemptions in 49 CFR part 381. The FMCSRs require a motor carrier or individual seeking relief from one or more regulations to submit their request for a waiver or an exemption in writing. Section 4007 of TEA-21 requires that the terms and conditions for all waivers and exemptions likely achieve a level of safety equivalent to or greater than what would be achieved by complying with the safety regulations. To satisfy this statutory test, persons requesting waivers or applying for exemptions must present a credible alternative to the regulation and explain how that alternative would likely achieve an equivalent or greater level of safety. If the waiver or exemption request were less effective than the applicable regulation, it would be difficult to demonstrate compliance with the statutory test. If there is insufficient information or data for FMCSA to conclude that the waiver or exemption would satisfy the statutory test, the agency must not grant the waiver or exemption.
FMCSA requires an individual, motor carrier, State, or SDLA to comply with certain terms and conditions if they are granted an exemption under § 381.330. FMCSA applies to waivers the same terms and conditions for reporting accidents as it does for exemptions. Each applicant covered by a waiver must notify FMCSA, via email at [email protected], within 5 business days of any accident (as defined in 49 CFR 390.5), involving its drivers or CMVs operating under the terms of the waiver.
Exemptions may be renewed upon request for subsequent 5-year periods. Exemption holders requesting a renewal must provide the same information as described in § 381.310. Each individual, motor carrier, State, or SDLA covered by an exemption must notify FMCSA via email at [email protected] within 5 business days of any accident (as defined in 49 CFR 390.5), involving the individual, motor carrier, or CMV operating under the terms of the exemption.
IC-1 consists of three reporting and recordkeeping tasks an individual, motor carrier, State, or State Drivers Licensing Agency (SDLA) performs regarding the waiver application process required by § 381.210.
IC-2 consists of three reporting and recordkeeping tasks an individual, motor carrier, State, or SDLA performs regarding the exemption application process required by § 381.310.
IC-3 consists of the same three reporting and recordkeeping tasks an individual, motor carrier, State, or SDLA performs to renew an exemption regarding the exemption application process required by § 381.310.
This ICR revision increases the estimated burden hours based on the number of applications received between 2022 and 2024.
The currently approved burden for this ICR is 97 hours. FMCSA requests OMB approval of our estimate of 119 hours for the annual burden of this ICR. The increase is the result of the increase in estimated waiver/exemption applications, based on of the actual number of applications received between 2022 and 2024.
FMCSA estimates that 50 percent of applicants, 29 applicants (5 waiver applications, 13 exemption applications, and 11 exemption renewal applications) will mail paper waiver and exemption applications annually to the Agencyâs physical address. The annual costs associated with this includes an envelope and postage, which FMCSA estimates to be $268 shown in the table above. There are no costs associated with electronic filings.
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.