View Information Collection Request (ICR) Package
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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:
2126-0076
ICR Reference No:
202502-2126-002
Status:
Active
Previous ICR Reference No:
202111-2126-005
Agency/Subagency:
DOT/FMCSA
Agency Tracking No:
Title:
Waiver and Exemption Requirements
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:
07/09/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/17/2025
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2028
36 Months From Approved
07/31/2025
Responses
149
0
131
Time Burden (Hours)
119
0
97
Cost Burden (Dollars)
268
0
0
Abstract:
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 MCPSD@dot.gov, 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 MCPSD@dot.gov 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.
Authorizing Statute(s):
US Code:
49 USC 31315 and 31136(e)
Name of Law: Transportation Equity Act for the 21st Century
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:
89 FR 97165
12/06/2024
30-day Notice:
Federal Register Citation:
Citation Date:
90 FR 16060
04/16/2025
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
9
IC Title
Form No.
Form Name
IC-1.1: The individual, motor carrier, State, or SDLA submits a waiver application to FMCSA providing all of the information in § 381.210.
IC-1.2: The individual, motor carrier, State, or SDLA makes a copy and files the waiver application and other related documents.
IC-1.3: The individual, motor carrier, State, or SDLA carrier or individual emails accident report to FMCSA.
IC-2.1: The individual, motor carrier, State, or SDLA submits an exemption application to FMCSA providing all of the information in § 381.310.
IC-2.2: The individual, motor carrier, State, or SDLA makes a copy and files the exemption application and other related documents.
IC-2.3: The individual, motor carrier, State, or SDLA emails accident report to FMCSA.
IC-3.1: The individual, motor carrier, State, or SDLA submits an exemption application to FMCSA providing all of the information in § 381.310.
IC-3.2: The individual, motor carrier, State, or SDLA makes a copy and files the exemption application and other related documents.
IC-3.3: The individual, motor carrier, State, or SDLA emails accident report to FMCSA.
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
149
131
0
0
18
0
Annual Time Burden (Hours)
119
97
0
0
22
0
Annual Cost Burden (Dollars)
268
0
0
0
268
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:
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 Agency’s 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.
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.
No
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:
Bernadette Walker 202 385-2415 bernadette.walker@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:
04/17/2025
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