Notice2021-17418
Agency Information Collection Activities; Approval of a New Information Collection; Waiver and Exemption Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, the Federal Motor Carrier Safety Administration (FMCSA) announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. This notice invites comment on a new information collection titled "Waiver and Exemption Requirements". The ICR estimates the burden applicants incur to comply with the reporting tasks required for requesting waivers and exemptions. FMCSA has not previously accounted for these burdens.
Full Text
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<title>Federal Register, Volume 86 Issue 155 (Monday, August 16, 2021)</title>
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[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45803-45804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17418]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0107]
Agency Information Collection Activities; Approval of a New
Information Collection; Waiver and Exemption Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety Administration (FMCSA) announces its plan
to submit the Information Collection Request (ICR) described below to
the Office of Management and Budget (OMB) for its review and approval
and invites public comment. This notice invites comment on a new
information collection titled ``Waiver and Exemption Requirements''.
The ICR estimates the burden applicants incur to comply with the
reporting tasks required for requesting waivers and exemptions. FMCSA
has not previously accounted for these burdens.
DATES: We must receive your comments on or before October 15, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2021-0107 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. e.t.,
Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including
any personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division, DOT, FMCSA, West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-4225. Email:
<a href="/cdn-cgi/l/email-protection#d09d9380839490b4bfa4feb7bfa6"><span class="__cf_email__" data-cfemail="e8a5abb8bbaca88c879cc68f879e">[email protected]</span></a>. Office hours are from 9 a.m. to 5 p.m., Monday through
Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Background: In 1998, the Federal Highway Administration (FHWA), the
predecessor agency of FMCSA, adopted 49 CFR part 381 as an interim
final rule (IFR), establishing procedures for applying for waivers,
exemptions, and pilot programs (63 FR 67600, December 8, 1998). Section
4007 of the Transportation Equity Act for the 21st Century (TEA-21)
amended 49 U.S.C. 31315 and 31136(e) to provide authority to the
Secretary of Transportation to grant waivers and exemptions from motor
carrier safety regulations. 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. In 2004, FMCSA adopted its IFR
as final at 49 CFR part 381, consistent with section 4007 of TEA-21 (69
FR 51589, August 20, 2004). The final rule also established procedures
that govern how FMCSA reviews, grants, or denies requests for waivers
and applications for exemptions. The final rule included requirements
for publishing notice of exemption applications in the Federal Register
to afford the public an opportunity for comment. There is no statutory
requirement to publish Federal Register notices concerning waiver
applications.
When the waiver and exemption provisions were first adopted, FHWA
stated that it would ``consider the information collection requirements
for each waiver, exemption, and pilot program and, if necessary,
request approval from the Office of Management and Budget for any
special recordkeeping requirements associated with the waiver,
exemption, or pilot program.'' (63 FR 67608). FMCSA included a similar
statement when finalizing its IFR in 2004 (69 FR 51597). Recently,
FMCSA determined that it now receives a sufficient number of waiver and
exemption requests per year to require OMB approval.
Title: Waiver and Exemption Requirements.
OMB Control No.: To be determined by OMB upon OMB approval of the
ICR.
Type of Request: New information collection.
Respondents: States, State Drivers Licensing Authorities,
individuals, and motor carriers.
Estimated Number of Respondents: 131 per year.
Estimated Time per Response: 2 minutes to 2 hours.
Expiration Date: This is a new information collection.
Frequency of Response: On occasion (respondents are not required to
submit requests for waivers or exemptions).
Estimated Total Annual Burden: 95 burden hours.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information.
[[Page 45804]]
The agency will summarize or include your comments in the request
for OMB's clearance of this information collection.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-17418 Filed 8-13-21; 8:45 am]
BILLING CODE 4910-EX-P
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