No
material or nonsubstantive change to a currently approved
collection
No
Regular
07/29/2025
Requested
Previously Approved
09/30/2025
09/30/2025
1,162,210,080
1,162,210,080
50,370,800
50,370,800
1,621,240,000
1,621,240,000
This non-substantive change request on
OMB Control No. 2126-0001 corrects the CFR citations in the two
information collections. The Hours of Service (HOS) rules apply to
both property and passenger motor carriers. The HOS rules set
limits on the on-duty time and driving time of CMV drivers, and
mandate the amount and frequency of the time off-duty that such
drivers must receive. Two types of information are collected under
this IC: (1) drivers’ daily record of duty status (RODS)
(electronic records or, in some cases, paper logbooks), and (2)
supporting documents, such as fuel and toll receipts, that may be
used by motor carriers to verify the accuracy of the RODS and to
document expense deductions taken in the determination of taxable
income. The information is collected on an annual basis. The
purpose of the collection of the RODS and supporting documents of
the HOS rules is to provide the Agency with its most effective tool
in combating driver fatigue. Enforcement officials at roadside
employ the RODS and supporting documents to determine the amount of
time a driver has spent off duty prior to the driver’s current duty
day. They also determine the amount of time the driver has been on
duty that duty day, and the amount of time the driver has been
behind the wheel driving during the duty day. Enforcement officials
examine the RODS for seven of the immediately preceding days to
determine compliance with the HOS rules. The RODS are an invaluable
tool used to detect inaccurate and falsified logs that facilitates
removing fatigued, unsafe drivers off the road. Enforcement
officials employ the RODS and supporting documents retained by the
motor carrier when conducting on-site investigative reviews of
motor carriers. The safety assessments that result from such
reviews are public information, and many shippers routinely examine
the assessments, as well as crash and regulatory compliance
records, when selecting a motor carrier. The Motor Carrier Safety
Assistance Program (MCSAP) requires States, as a condition of
receiving grant funding, to adopt and enforce State CMV safety laws
and regulations that are compatible with the FMCSRs and these
include the HOS rules. States embrace the Federal enforcement
scheme for regulating safety in the operation of CMVs, and work
closely with Federal investigators in enforcing the HOS rules.
Motor carriers also help FMCSA detect fatigued drivers. It is in
their interest to be proactive in detecting inaccuracy or
falsification of RODS by their CMV drivers to avoid the penalties
resulting from such infractions. Replacing paper RODS with
electronic RODS enhances the accuracy and minimizes the
falsification of RODS. Motor carriers will continue to examine the
supporting documents, such as fuel receipts, toll receipts, bills
of lading, repair invoices, and compare them to the entries on the
RODS. Comparing supporting documents to the RODS helps the motor
carrier verify the accuracy of the HOS reported by their CMV
drivers. Motor carrier use of the RODS and driver-supplied
supporting documents enhances driver adherence to the HOS rules,
keeps fatigued drivers off the road, and helps FMCSA protect the
public. This ICR supports the Department of Transportation’s
Strategic Goal of Safety because the information helps the Agency
improve the safety of drivers operating CMVs on our Nation’s
highways.
US Code:
49
USC 31502 Name of Law: Requirements for qualification, hours of
service, safety, and equipment standards
US Code: 49
USC 31136 Name of Law: United States Government regulations
US Code: 49
USC 522 Name of Law: Reporting and recirds keeping
violations
US Code: 49
USC 521 Name of Law: Civil penalties
US Code: 49
USC 526 Name of Law: General criminal penalty when specific
penalty not provided
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.
Justification for Non-Substantive Change for 2126-0001 07.18.25.docx
30 -Day FRN_HOS ICR Published 7-11-2022 87 FR 41163.pdf
Attachment N 5 U.S.C. 552.doc
IC-1: Driver HOS Information Collection Tasks