Emergency Exemptions Under 49 CFR 390.25

OMB Control No: 2126-0077	ICR Reference No: 202309-2126-002
Status: Received in OIRA	Previous ICR Reference No: 202211-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Emergency Exemptions Under 49 CFR 390.25
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/16/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	5,774	0
Time Burden (Hours)	1,444	0
Cost Burden (Dollars)	0	0

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Abstract: This is a request for approval of a new collection of information covering changes included in a rulemaking affecting the regulations surrounding emergency exemptions, and specifically the changes proposed for 49 CFR § 390.25. The Federal Motor Carrier Safety Administration (FMCSA) submits this new information collection request (ICR) titled “Emergency Declaration Exemption Reporting under 49 CFR 390.25," to the Office of Management Budget (OMB) for approval. The ICR estimates the burden an individual, motor carrier, State, or SDLA incur to request an extension or modification of an exemption issued in response to an emergency declaration (IC-1). It also estimates the burden for individuals or motor carriers to comply with any reporting tasks included within the extended or modified exemption, pursuant to 49 CFR 390.25 (IC-2). FMCSA has not previously accounted for the burden of requesting modifications or extensions; the reporting requirements have been proposed in an NPRM titled “Clarification to the Applicability of Emergency Exemptions” published on October 13, 2023 (88 FR 70897).

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Authorizing Statute(s): US Code: 42 USC 5191 Name of Law: Public Health and Welfare

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC53	Final or interim final rulemaking	88 FR 70897	10/13/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name IC1: Tasks to request an extension or modification of an emergency exemption application IC2: Reporting requirements when operating under an extended or modified emergency exemption

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ICR Summary of Burden

	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	5,774	0	0	5,774	0	0
Annual Time Burden (Hours)	1,444	0	0	1,444	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new ICR request that will result in an increase in the Agency’s overall information collection burden.

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Annual Cost to Federal Government: $1,589

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.     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? Yes

Agency Contact: Kathyrn Sinniger [email protected]

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Common Form ICR:  No

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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: 10/16/2023

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