Following ordinary practice, preapproved subject to publication of a final rule and submission of an ICR shortly thereafter.
1. Per #15 of the supporting statement, the increase in the cost burden is a result of agency discretion (i.e., the rulemaking) and not a statute. I have corrected. In the future include such burden changes under the correct cause initially. If that is not done, or the ICR is not corrected, it will need to be resubmitted.
2. In order to synchronize properly the public comment period with the OMB review, rule-based ICRs are to be submitted to OMB within a week of the rule's publication, not nearly a month thereafter.
Inventory as of this Action
Requested
Previously Approved
03/31/2010
36 Months From Approved
12/31/2008
1,538,263,800
0
1,538,263,800
152,438,292
0
153,103,292
69,716,200
0
60,436,000
This request is due to a notice of public rulemaking (NPRM) entitled "Electronic On-Board Recorders for Hours-of-Service Compliance," issued by FMCSA regarding the use of EOBRs to document compliance with the Federal hours-of-service rules.
US Code:
49 USC 31502(b)
Name of Law: Requirements for Qualification, Hours of Service
PL: Pub.L. 109 - 59 4104 Name of Law: Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU)
PL: Pub.L. 109 - 59 4114(b) Name of Law: Safe, Accountable, Flexible, Efficient Transportation Act: A Lagacy for Users (SAFETEA-LU)
Program changes were brought about by the attached EOBR NPRM entitled ÂElectronic On-Board Recorders for Hours-of-Service Compliance. FMCSA estimates one provision of the NPRM would require certain motor carriers with severe HOS noncompliance issues to install and use EOBRs to record and manage their drivers HOS, and result in an estimated reduction of 665,000 burden hours annually [17,500 CMV drivers x 26 hours per year to complete RODS + 17,500 CMV drivers x 12 hours per year for motor carriers to comply with the HOS requirements] = 665,000. The NPRM is estimated to increase the cost to respondents by $9,280,700 per year [$ 69,716,210 costs for EOBR NPRM - $63,435,510 costs in 2005 HOS final rule] = $9,280,700.
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.
PRA-2126-0001.eobr.SS.082906.use.doc
Hours of Service of Drivers Regulations