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.
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.