Waiver and Exemption Requirements

ICR 202111-2126-005

OMB: 2126-0076

Federal Form Document

ICR Details
202111-2126-005
Received in OIRA
DOT/FMCSA
Waiver and Exemption Requirements
New collection (Request for a new OMB Control Number)   No
Regular 02/04/2022
  Requested Previously Approved
36 Months From Approved
131 0
97 0
0 0

This is a request for approval of a new 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. The annual information collection burden for respondents associated with this information collection is 95 hours with an associated cost of $8,476.

None
None

Not associated with rulemaking

  86 FR 45803 08/16/2021
86 FR 71704 12/17/2021
No

  Total Request 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 131 0 0 131 0 0
Annual Time Burden (Hours) 97 0 0 97 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
No
This increase in the Agency’s information collection burden is due to a new ICR, which requires a motor carrier or individual seeking relief from one or more of the FMCSRs to provide information for the Agency to consider and determine whether to grant or deny a proposed waiver or exemption request.

$0
No
    No
    No
No
No
No
No
Thomas Yager 202 366-9131 tom.yager@dot.gov

  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:
 
 
 
 
 
 
 
    (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.
02/04/2022


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