View Information Collection Request (ICR) Package

OMB Control No: 2126-0004	ICR Reference No: 202202-2126-007
Status: Active	Previous ICR Reference No: 201910-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Driver Qualification Files
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/27/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/30/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2025	36 Months From Approved	04/30/2023
Responses	113,961,000	0	101,430,000
Time Burden (Hours)	14,222,500	0	12,270,567
Cost Burden (Dollars)	176,000,000	0	154,500,000

Abstract: 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.

Authorizing Statute(s): 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

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC15	Final or interim final rulemaking	87 FR 13192	03/09/2022

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	113,961,000	101,430,000	-3,600,000	16,131,000
Annual Time Burden (Hours)	14,222,500	12,270,567	-120,000	2,071,933
Annual Cost Burden (Dollars)	176,000,000	154,500,000	0	21,500,000

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

Burden Increase Due to:

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

Burden Reduction Due to: Changing Regulations

Short Statement: 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.

Annual Cost to Federal Government: $0

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. Yes

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? No

Agency Contact: Pearlie Robinson 202 366-4325 pearlie.robinson@dot.gov

View ICR - OIRA Conclusion