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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2126-0001
ICR Reference No:
202206-2126-005
Status:
Active
Previous ICR Reference No:
201906-2126-001
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Hours of Service (HOS) of Drivers Regulations
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
09/16/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/11/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2025
36 Months From Approved
09/30/2022
Responses
1,162,210,080
0
950,400,000
Time Burden (Hours)
50,370,800
0
41,040,000
Cost Burden (Dollars)
1,621,240,000
0
1,507,750,000
Abstract:
This ICR is a renewal for a mandatory collection for reporting, recordkeeping, and disclosure. 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.
Authorizing Statute(s):
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
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 15488
03/18/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 41163
07/11/2022
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
IC-1: Driver HOS Information Collection Tasks
IC-2: Motor Carriers Information Collection Tasks
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
1,162,210,080
950,400,000
0
0
211,810,080
0
Annual Time Burden (Hours)
50,370,800
41,040,000
0
0
9,330,800
0
Annual Cost Burden (Dollars)
1,621,240,000
1,507,750,000
0
0
113,490,000
0
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:
No
Burden Reduction Due to:
Short Statement:
In this ICR, the total average burden hours increased from 41.04 million to 50.37 million hours, an increase of 9.33 million burden hours For this ICR, IC1-1, driver burden hours are estimated at 33.58 million . The previous ICR reported 1C-1 at 27.36 million burden hours. This results in a 6.22 million increase in burden hours. This increase is due to the increase in driver population as well as the increase in expected industry growth rate for drivers from 2020 to 2030. For this ICR, IC-2, burden hours are 16.79 million. For the previous ICR, IC-2, was estimated 13.68 million burden hours which represents an increase of 3.11 million. This increase is also due to the increase in driver population as well as the increase in expected industry growth rate for motor carriers from 2020 to 2030. The ELD rule requires motor carriers to provide drivers with paper logbooks with graph grids to allow drivers and the agency estimates that for this ICR motor carriers will incur an average $18.06 million per year cost to supply drivers with backup logbooks. ELD costs consist of the purchase price, installation cost and monthly service charges paid to ELD vendors for data management services. this ICR updated the installation costs and data management fees for devices and services to be the average annual cost at $1,602.64 million. The total costs to motor carriers is ($18.06 million + $1,602.64 million) $1621.24 million, calculated under IC-2 for motor carriers, and shown in the table above. The previous approved costs of $1,507,750,000 shown in the table above are wage related burden costs which should not have been shown in the table.
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.
Yes
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:
Thomas Yager 202 366-9131 tom.yager@dot.gov
Common Form ICR:
No
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
07/11/2022
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