Agency Information Collection Activities; Approval of a New Information Collection Request; Waiver and Exemption Requirements Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 17 December 2021 Subjects: American Government , Safety Topic: Federal Highway Administration

[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71704-71705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27307]


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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 Request; 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: Comments on this notice must be received on or before January 
18, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

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: 
MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:
    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 request.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 97 burden hours.
    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.
    A 60-day notice for public comment was published on August 16, 2021 
(86 FR 45803). The comment period for that notice closed on October 15, 
2021. There were no comments submitted to the docket.
    Public Comments Invited: You are asked to comment on any aspect of 
this

[[Page 71705]]

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.

    Issued under the authority of 9 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-27307 Filed 12-16-21; 8:45 am]
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