[Federal Register Volume 67, Number 7 (Thursday, January 10, 2002)]
[Notices]
[Pages 1396-1397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-664]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9688]


Agency Information Collection Activities Under OMB Review: OMB 
Control No. 2126-0001 (Driver's Record of Duty Status)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FMCSA announces that the Information Collection Request 
(ICR) described in this notice is being sent to the Office of 
Management and Budget (OMB) for review and approval. The FMCSA is 
requesting approval of the information that is required for the Record 
of Duty Status (RODS) of drivers of commercial motor vehicles (CMVs). 
This information collection is necessary to ensure that motor carriers 
and CMV drivers comply with the limitations on maximum driving and duty 
time prescribed in the Federal Motor Carrier Safety Regulations 
(FMCSRs). The ICR describes the information collection and its expected 
burden. FMCSA is sending the ICR to OMB in accordance with the terms of 
the Paperwork Reduction Act of 1995. The FMCSA published the required 
Federal Register notice offering a 60-day comment period on this 
information collection on May 21, 2001 (66 FR 28017). Two comments were 
received during this comment period and are addressed below.

DATES: Please submit comments by February 11, 2002.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 Seventeenth Street NW., 
Washington, DC 20503, Attention: DOT Desk Officer. We particularly 
request your comments on whether the collection of information is 
necessary for the FMCSA to meet its goal of reducing truck crashes, 
including: whether the information is useful to this goal; the accuracy 
of the estimate of the burden of the information collection; ways to 
enhance the quality, utility and clarity of the information collected; 
and ways to minimize the burden of the collection of information on 
respondents, including the use of automated collection techniques or 
other forms of information technology. OMB wants to receive comments 
within 30 days of publication of this notice in order to act on the ICR 
quickly.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr. (202) 366-
2718, Driver and Carrier Operations (MC-PSD), Federal Motor Carrier 
Safety Administration, 400 Seventh Street SW., Washington, DC 20590. 
Office hours are from 7:30 a.m. to 4:00 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Driver's Record of Duty Status
    OMB Approval Number: 2126-0001
    Background: The record of duty status (RODS) is the primary tool 
used by the FMCSA to determine the compliance of motor carriers and CMV 
drivers with the maximum driving and duty time limitations prescribed 
in the FMCSRs. States that receive Motor Carrier Safety Assistance 
Program (MCSAP) grants from the FMCSA employ these tools to determine 
the regulatory compliance of CMV drivers during safety inspections. The 
information contained in the RODS determines whether a driver can drive 
a CMV on any given day, based upon the duty hours and driving time 
recorded by the driver over the previous 7 to 8 days. The RODS is an 
important tool to help ensure the safety of the general public by 
reducing the number of tired drivers on the nation's highways.
    On May 21, 2001, the FMCSA gave notice that the agency intended to 
seek OMB approval of the renewal of this information collection (66 FR 
28017). The Notice solicited public comment; two comments were 
received. Both comments indicated that both drivers and carriers, in 
complying with the paperwork associated with the RODS, consume more 
time than FMCSA had estimated. The American Trucking Association (ATA) 
reported the results of a survey of its members. Member drivers 
estimated that it takes 10 to 15 minutes per day to properly complete a 
log sheet. Member motor carriers estimated that it takes 9 minutes per 
day to ``review, check for accuracy, and file'' each record of duty 
status. The Owner-Operators Independent Drivers Association (OOIDA) 
also provided estimates from its members. Member drivers estimated that 
it takes ``approximately 15 minutes'' per day to properly complete a 
log sheet. Member motor carriers estimated that it takes 9 to 10 
minutes daily, per RODS, to receive, process and store the information.
    In light of the comments received FMCSA has reconsidered the 
assumptions we applied in developing our previous estimates. In 
addition, the agency conducted a small number of ``time trials'' to 
examine the process of completing a RODS more closely. The agency 
separated the standard RODS into three parts: the basic information at 
the top of the log, the large area for tracking the actual duty status 
through the day, and the summary portion. The agency determined that 
the industry average for each part of the RODS were as follows:
    Date, name and address of the motor carrier, vehicle number and 
total miles--1 minute.
    30 to 45 seconds per change of duty status (each individual grid 
entry) with 6 to 8 changes of duty status per day for most drivers--4 
minutes and 30 seconds.
    Addition of the total hours for each status line, and for the 24-
hour period--1 minute.
    FMCSA has previously estimated that 2 minutes daily are required 
for a driver to complete a RODS. We now estimate that 6.5 minutes daily 
are required to complete minimally compliant RODS. The agency does not 
doubt that for some drivers in some segments of the trucking industry 
the daily times are as great as the comments suggest. However, we feel 
that 6.5 minutes provides a more reasonable industry-wide average of 
the amount of time a driver requires to complete a RODS.
    FMCSA has previously estimated that a motor carrier requires 30 
seconds daily per driver to file a RODS. In light of the comments 
received from these two organizations, we have reconsidered the 
assumptions we applied in developing our estimate. We now estimate that 
3 minutes daily per driver are required for a motor carrier to file 
each RODS. We are also guided by the fact that the regulations do not 
require the motor carrier to review each and every RODS of its drivers; 
it is sufficient if the carrier develops some form of systemic review 
of these records, such as periodic random spot checks, to assure that 
they are being completed properly.
    On May 2, 2000, FMCSA proposed a comprehensive revision of the HOS 
Rules (65 FR 25539). The agency is continuing its review of more than 
50,000 comments to these proposed rules. The agency also held eight 
public hearings and three roundtables, and is reviewing the transcripts 
of these proceedings. The review is continuing.
    Earlier, on April 20, 1998, FMCSA published an NPRM (63 FR 19457) 
in response to a statutory mandate to amend the HOS regulations by 
defining and describing the supporting

[[Page 1397]]

documents necessary to substantiate the RODS. FMCSA incorporated this 
NPRM, and the comments received to it, into the proposed HOS Rules.
    FMCSA is proposing changes to the HOS rules because the 
transportation system of the United States has changed significantly 
over the 65 years since the current rules were promulgated. Research 
today indicates that under the current HOS rules, drivers do not have 
sufficient opportunities to get restorative sleep. There is strong 
evidence that new rules could substantially reduce the fatalities and 
injuries that occur each year because of drowsy, tired, or fatigued CMV 
drivers. Legislation prohibited the Department from issuing a final 
rule in FY 2001, but allowed all other stages of the rulemaking to 
proceed. The new FMCSA Administrator, recently confirmed by the 
Congress, will review and direct the future of this effort.
    Respondents: The respondents are CMV drivers and motor carriers. 
The burden is imposed on both. Drivers must complete an RODS, under the 
Hours-of-Service rules or compatible State regulations, and submit it 
to the motor carrier. Motor carriers must collect and store the RODS, 
and review it for accuracy.

Number of Drivers

    FMCSA estimates that 6,436,430 CMV drivers are required to complete 
RODS, whether paper or timecard. FMCSA assumes no reduction in burden 
for the use of EOBRs. FMCSA believes that only motor carriers with 
large numbers of drivers employ this technology because it is not 
economically feasible for medium and small sized carriers. FMCSA 
believes that approximately five per cent of motor carriers currently 
use EOBRs, and that this number is not likely to rise significantly in 
the absence of a regulation mandating their use. The agency feels that 
the EOBRs play such a minor role that no adjustments to the estimates 
are necessary to account for their use; all subject motor carriers and 
drivers will be assumed to employ either paper or timecard RODS.
    The estimate of 6,436,430 drivers includes interstate drivers and 
intrastate drivers. This estimate is currently being used by FMCSA for 
estimating other pertinent information collection burdens. Intrastate 
drivers are included because states electing to accept Federal grants 
under MCSAP must enact state laws which parallel the FMCSRs. Most 
states have such parallel laws mandating the completion and maintenance 
of RODS. The collection burden imposed by those state laws is included 
in the Federal burden for purposes of this calculation.
    The estimate of 6,436,430 drivers includes both commercial driver's 
license (CDL) and non-CDL drivers subject to FMCSA regulations. Data 
and sampling weights from the 1999 Controlled Substances and Alcohol 
Testing Survey were used to generate an estimate of the number of CDL 
drivers. An estimate of non-CDL drivers was obtained by calculating the 
ratio of CDL to non-CDL drivers in FMCSA's Motor Carrier Management 
Information System (MCMIS). FMCSA also employed figures derived from 
the Truck Inventory and Use Survey compiled by the Bureau of the 
Census, U.S. Department of Commerce. FMCSA is making other efforts to 
determine the number of CMV drivers, and these efforts will help the 
agency to define this population.
    CMV drivers engage in four categories of operation, as follows:

------------------------------------------------------------------------
                                                               Number of
                      Type of operation                         drivers
------------------------------------------------------------------------
Long-haul...................................................     424,804
Regional....................................................     823,863
Local delivery..............................................   3,997,023
Local, services.............................................   1,190,740
                                                             -----------
    Total...................................................   6,436,430
------------------------------------------------------------------------

    FMCSA does not report the burden hours associated with the 
collection of time card information because DOL reports this burden 
under OMB No. 1215-0017, titled, ``Records To Be Kept By Employers--
FLSA.'' FMCSA believes that all ``Local, Services'' CMV drivers are 
eligible for, and employ, time cards. In addition, FMCSA believes that 
twenty-five per cent (25%) of the ``Local, delivery'' CMV drivers are 
eligible to use time cards. Thus the number of CMV drivers who are 
pertinent to these calculations is 4,246,434, as follows:

------------------------------------------------------------------------
                                                               Number of
                      Type of operation                         drivers
------------------------------------------------------------------------
Long-haul...................................................     424,804
Regional....................................................     823,863
Local delivery: 3,997,023  x  .75 =.........................   2,997,767
Local, services.............................................           0
                                                             -----------
    Total...................................................   4,246,434
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Number of Burden Hours: CMV Driver

    The amount of time required to fill out a RODS varies with the 
number of stops and with changes in a driver's status (e.g.from ``on-
duty driving'' to ``on-duty not driving''). FMCSA estimates that CMV 
drivers take an average of six minutes and thirty seconds daily to 
complete the RODS. FMCSA believes that CMV drivers subject to these 
regulations work 240 workdays per year. Six and a half minutes for each 
of 240 days creates a total time burden of 26 hours per year for the 
average CMV driver. Thus the total burden hours for CMV drivers is 
110,407,284, as follows:

------------------------------------------------------------------------
                                                     Hours      Total
                 Number of drivers                    per       burden
                                                      year      hours
------------------------------------------------------------------------
4,246,434.........................................       26  110,407,284
------------------------------------------------------------------------

Number of Burden Hours: Motor Carrier

    Motor carriers are required to retain RODS for a period of six 
months (49 CFR 395.8(k)). The motor carrier must also systematically 
review the RODS of its drivers to ensure that they are complete and 
accurate (49 CFR 395.8(e)). FMCSA estimates a motor carrier spends an 
average of three minutes per driver per day complying with these 
requirements. Three minutes for each of 240 days creates a total time 
burden for motor carriers of 12 hours per year for each CMV driver. 
Thus the total burden hours for motor carriers is 50,957,208, as 
follows:

------------------------------------------------------------------------
                                                     Hours      Total
                 Number of drivers                    per       burden
                                                      year      hours
------------------------------------------------------------------------
4,246,434.........................................       12   50,957,208
------------------------------------------------------------------------

Total Burden Hours

    The estimated annual burden of this information collection, for 
both the CMV driver and the motor carrier, is 161,364,492 burden hours, 
as follows:

------------------------------------------------------------------------
                                              Total burden
         Total burden hours: driver              hours:     Total burden
                                                 carrier        hours
------------------------------------------------------------------------
110,407,284.................................    50,957,208   161,364,492
------------------------------------------------------------------------


    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.73.

    Issued on: December 20, 2001.
Joseph M. Clapp,
Administrator.
[FR Doc. 02-664 Filed 1-9-02; 8:45 am]
BILLING CODE 4910-EX-P