PRA-2126-0004 Supporting Statement 04.04.2025

Department of Transportation

Federal Motor Carrier Safety Administration

SUPPORTING STATEMENT

“Driver Qualification Files” ICR

OMB Control No. 2126-0004

Summary

• This is a request for approval for the currently approved Driver Qualification (DQ) Files information collection request (ICR). The renewal of the ICR includes updated information relating to the driver population, turnover rates, and wage rate.

• The estimated 3-year average annual burden for this ICR is 14.15 million hours which is a decrease of 72,500 burden hours, and $464.69 million in labor costs, which is an increase of $38.53 million when compared to the OMB-approved ICR.

• The changes are described in sections 12, 13, and 15.

Introduction

The Federal Motor Carrier Safety Administration (FMCSA) submits this information collection request (ICR) titled Driver Qualification Files, OMB Control Number 2126-0004, to the Office of Management and Budget (OMB) for approval. It expires on May 31, 2025. The ICR estimates the burden commercial motor vehicle (CMV) drivers and motor carriers incur to comply with the reporting and recordkeeping tasks required for motor carriers to maintain DQ files.

1. Circumstances that make collection of information necessary.

The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 Stat. 2832 (October 30, 1984)) (Attachment A) requires that the Secretary of Transportation issue regulations pertaining to CMV safety. A motor carrier is required to maintain specified information in a driver qualification file for each CMV driver it employs. The information documents the driver’s qualifications to operate a CMV. FMCSA’s authority to require motor carriers to maintain driver qualification files is found in 49 U.S.C. 504, 31133, 31136, and 31502 and 49 CFR 1.87 (Attachments B, C, D, E, and F). The regulations pertaining to DQ files may be found in 49 CFR part 391 (Attachment G).

This information collection supports the Department of Transportation (DOT) strategic goal of safety. Motor carriers must ensure each driver’s qualifications prior to permitting the driver to operate a CMV (49 CFR 391.11) (Attachment H). The information collected and maintained in a driver’s qualification file substantiates these qualifications and aids Federal and State investigators in assessing the qualifications of drivers.

2. How, by whom, and for what purpose is the information used.

Public interest in highway safety dictates that employers hire drivers who safely operate CMVs amid the various physical and mental demands of truck driving. DQ files assist the motor carrier in assessing the safety risk of hiring an individual to drive a CMV. The DQ file documents that a driver: (1) is physically qualified to operate a CMV; (2) has the experience and training to safely operate the type of CMV the driver is assigned to drive; (3) has the appropriate driver’s license; (4) has not been disqualified from operating a CMV; and (5) has a history of avoiding high-risk behavior. Without the DQ file, it would be difficult for the motor carrier to make this assessment. The DQ file also assists Federal and State safety investigators in determining that motor carriers are weighing these factors in deciding who may drive CMVs on their behalf.

3. Extent of automated information collection.

The regulations provide for the transmission and maintenance of records electronically and, in fact, a significant percentage of electronic records are so handled and maintained today. The Agency believes the percentage is increasing each year, but it does not have a reliable accounting of what that percentage may be.

4. Efforts to identify duplication.

FMCSA is the only Federal agency given the authority to regulate the qualification of CMV drivers operating in interstate and international commerce. The general requirements for the content of DQ files are set forth in 49 CFR part 391.

5. Efforts to minimize the burden on small businesses.

Some motor carriers employ part-time drivers. These drivers may undertake other part-time employment as a driver. Agency rules permit abbreviation of the contents of DQ files to avoid unnecessary duplication and burdensome recordkeeping (49 CFR 391.63 and 391.65) (Attachment I). In some instances, the motor carrier regularly employing the driver simply furnishes a Qualification Certificate to other carriers who employ the same driver. The Qualification Certificate relieves the second carrier from many of the recordkeeping requirements of the driver qualification file regulations.

Some motor carrier operations are exempt from all recordkeeping requirements related to DQ files. These include: (1) farm custom-harvesting operations (49 CFR 391.2(a)); (2) beekeepers (49 CFR 391.2(b)); (3) farmers using non-articulated CMVs to transport farm machinery, farm supplies, or agricultural products within 150 air-miles (49 CFR 391.2(c) and 49 CFR 390.5T); and (4) non-business private motor carriers of passengers (49 CFR 391.68). Farmers using articulated CMVs to transport farm machinery, farm supplies, or agricultural products within a radius of 150 air-miles are exempt from some recordkeeping requirements (49 CFR 391.67). In addition, certain pickup truck operators conducting welding activities in the pipeline industry are exempt from all recordkeeping related to DQ files (49 CFR 391.2(e)).

On March 14, 1996, the Federal Highway Administration (FHWA) (the predecessor agency of FMCSA) published a notice of proposed rulemaking (NPRM) titled Safety Performance History of New Drivers (61 FR 10548) (Attachment J). The rule proposed to amend the regulations specifying minimum safety information that new and prospective employers would be required to seek from drivers’ previous employers when performing background investigations during the hiring process. The Small Business Administration (SBA) asked the Agency to provide details on its estimate of the paperwork burden of the proposal. The SBA and commenters, J.B. Hunt and Mobil Corporation, were also concerned about limits on the ability of a motor carrier to investigate hours-of-service violations that lead to out-of-service orders. FMCSA answered all these concerns in a supplemental notice of proposed rulemaking (SNPRM) dated July 17, 2003, and titled Safety Performance History of New Drivers (68 FR 42339) (Attachment K). The final rule, published on March 30, 2004, clarified that previous employers may charge a fee for providing the safety performance history of their former drivers, but may not condition release of the history upon payment of the fee (69 FR 16684) (Attachment L).

6. Impact of less frequent collection of information.

The information on some DQ documents is only provided one time, such as that furnished at the time the individual applies for employment as a driver. Other information must be obtained by the motor carrier within 30 days of the date the driver begins to drive a CMV for the employer, such as the driver’s motor vehicle record (MVR) for the 3 years preceding the date of employment. Other information, such as the driver’s MVR, is updated once a year. FMCSA has limited the collection of information to the time when it is most relevant to evaluate a driver’s qualifications to operate a CMV. If this information was collected less frequently, the DQ file would not always provide current and accurate information regarding the driver’s qualifications to operate a CMV. In the interest of highway safety, less frequent collection of information is not an option.

7. Special circumstances.

There are no special circumstances related to this information collection.

8. Compliance with 5 CFR 1320.8.

On December 23, 2024, FMCSA published notice in the Federal Register (89 FR 104604) allowing for a 60-day public comment period announcing the proposed renewal of this ICR. There were no comments submitted in response to that notice.

9. Payments or gifts to respondents.

FMCSA does not provide respondents with any payment or gift for providing this information.

10. Assurance of confidentiality.

The information collected by motor carriers pursuant to the Agency’s DQ file regulations must be protected to the extent permitted by law. Agency regulations require motor carriers to obtain certain information about a driver they are considering hiring from certain past employers of the driver. This information includes the driver’s traffic accident history and the driver’s drug and alcohol history. Motor carriers are required to ensure that certain sensitive information, such as drug and alcohol records, is maintained in a secure location with controlled access (49 CFR 391.53(a)(1)). FMCSA believes that as a practical matter most motor carriers control access to the entire DQ, as if it all is sensitive.

11. Justification for collection of sensitive information.

This information collection involves sensitive data necessary to ensure that motor carriers are informed of the qualifications of their drivers. As explained in section 10, Agency regulations require motor carriers to limit access to driver qualification data.

12. Estimate of burden hours for information requested.

Some drivers operate CMVs that require a commercial driver’s license (CDL). These include CMVs with a gross vehicle weight rating more than 26,000 pounds, passenger vehicles designed or used to transport 16 or more passengers (including the driver), and motor vehicles transporting hazardous materials that require the vehicle to be placarded. The DQ files of these CDL drivers must contain more information than is required in the driver qualification files of non-CDL drivers. For example, the driver qualification file of a CDL driver must contain information obtained from previous employers concerning the testing of the driver for the presence of drugs and alcohol. This testing is required for CDL drivers, but not for non-CDL drivers. The additional burden associated with information collected only from CDL drivers is not estimated in this information collection but is accounted for in the Agency’s information collection titled Commercial Driver Licensing Testing and Standards, OMB Control No. 2126-0011.

_{All motor carriers authorized to operate in the United States are required to file Form MCS-150 (Motor Carrier Identification Report), Form MCS-150B (Motor Carrier Identification Report and Hazardous Material Permit Application), or Form MCSA-1 (the online application) with FMCSA. These registration forms require motor carriers to report the number of drivers they employ and are the source of driver counts in the Motor Carrier Management Information System (MCMIS). MCMIS counts the total number of drivers reported by both domestic and foreign motor carriers. In turn, FMCSA uses the MCMIS driver population data to publish an annual Pocket Guide to Large Truck and Bus Statistics, which includes drivers employed by Canadian and Mexican motor carriers. The information from this Guide was used to calculate the burden associated with information collections and paperwork. Thus, requests for MVRs for drivers holding licenses issued by Canadian or Mexican licensing authorities have been included in this information collection.}

The burden associated with this information collection is organized in four categories described below.

IC-1 Driver Hiring Process

IC-1 consists of five reporting and recordkeeping tasks performed by drivers, hiring motor carriers, and drivers’ previous employers. The five tasks are:

• IC-1.1: Driver prepares and submits employment application (49 CFR 391.21).

• IC-1.2: Hiring motor carrier files employment application in driver qualification file (49 CFR 391.51(b)(1)).

• IC-1.3: Hiring motor carrier requests MVR for three years preceding application and files it in the driver qualification file (49 CFR 391.23(a)(1) and (b)).

• IC-1.4: Hiring motor carrier requests safety performance history for three preceding years from applicant’s previous employers and files documents received in investigation history file (49 CFR 391.23(a)(2) and (c)(1)).

• IC-1.5: Previous FMCSA-regulated employer responses to hiring carrier’s request for a driver’s safety performance history and filing of each request and response for one year (49 CFR 391.23(g)(1) and (4)).

IC-2 Annual Review of Driver Qualifications

IC-2 consists of one reporting and recordkeeping task limited to drivers who have been employed by motor carriers for at least 12 consecutive months.

• IC-2.1: Motor carrier requests MVR from State Driver’s Licensing Agencies (SDLAs) for preceding 12 months and files the response in the DQ file (49 CFR 391.25 and 391.51(b)(4)).

IC-3 Limited Exemptions from Driver Qualification Documentation

IC-3 consists of four reporting and recordkeeping tasks required to document qualifications of multiple-employer drivers, and drivers furnished to another motor carrier by their regular employer. The purpose of the limited exemptions is to minimize duplication of driver qualification reporting and recordkeeping requirements for drivers operating CMVs for more than one motor carrier. The four tasks associated with IC-3 are:

• IC-3.1: Multiple-employer driver provides the hiring carrier with license data, personal information, medical examiner’s certificate, and certificate of road test or equivalent (49 CFR 391.63(a)).

• IC-3.2: Motor carrier files and retains license data, personal information, medical examiner’s certificate, and certificate of road test or equivalent (49 CFR 391.63(b)).

• IC-3.3: Primary motor carrier providing certificate of qualification for a driver furnished to another motor carrier (49 CFR 391.65(a)(2)).

• IC-3.4: A motor carrier obtaining a certificate of qualification for a driver furnished by another motor carrier verifies the validity of the certificate with the sending motor carrier, and files and retains a copy of the certificate (49 CFR 391.65(b)).

IC-4 Driver Review and Rebuttal of Safety Performance History

Motor carriers are required to notify driver-applicants that their safety performance histories will be investigated and describe the remedies available to them if they wish to contest their former employer’s representation of their safety record. Some drivers will exercise their right to obtain a copy of the safety performance histories provided by their previous employer to the hiring motor carrier. Additionally, some will take advantage of their right to submit a written rebuttal of the information supplied by their former employers. Thus, IC-4 accounts for three tasks involving motor carriers and drivers:

• IC-4.1: Hiring carrier notifies driver of right to review safety performance history (49 CFR 391.23(i)(1)).

• IC-4.2: Hiring carrier provides prior employer safety performance history to driver (49 CFR 391.23(i)(2)).

• IC-4.3: Driver prepares and submits rebuttal to previous employer (49 CFR 391.23(j)(3)).

Estimated Driver Population and Job Openings

The burden hours and costs in this ICR are based on a 9 million driver population of interstate and intrastate CDL and non-CDL CMV drivers that is reported in FMCSA’s Motor Carrier Management System (MCMIS).¹ The number of CMV drivers at any given time fluctuates due to factors including, but not limited to, enforcement actions, driver turnover, and licensing issues. The interstate and intrastate driver counts are based on motor carrier registration data in MCMIS. The intrastate driver counts for States that do not require intrastate carriers to register with FMCSA are estimated by an extrapolation of State data. The driver population on December 30, 2023, is the base year from which the population is estimated for the 3-year period covered by this ICR.

Several of the driver qualification file reporting and recordkeeping tasks are performed by drivers and motor carriers during the hiring process. Truck driver employment is historically characterized by high turnover rates. The turnover rate is the primary contributor to the annual number of job applications that motor carriers must investigate and document in driver qualification files. Given the focus of the DQ file reporting and recordkeeping requirements on the hiring process, FMCSA must estimate the number of annual job openings.

FMCSA has no internal data that reflects the frequency of driver hiring. In addition, many independent data sources do not capture the precise population of CMV drivers that the Agency regulates. The United States Department of Labor (DOL), Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) compiles data on CMV drivers under the Transportation and Moving Materials major occupational group. The OES data captures many, but not all, CMV drivers subject to the Agency’s regulations. For example, drivers of delivery vehicles and drivers of construction equipment that may move only a few times a year – like heavy-duty, wheel-mounted construction cranes – may not be accurately reflected in the OES data. These drivers are generally subject to the FMCSA’s regulations. In addition, OES data on the employment of heavy truck and tractor-trailer drivers is limited to drivers operating CMVs with a capacity of at least 26,000 pounds gross vehicle weight.

To estimate the population of both interstate and intrastate CMV drivers, FMCSA distributed the 9 million driver population reported in the MCMIS among three categories: over-the-road (OTR), truckload (TL), and less-than-truckload (LTL). The OTR category is made up predominantly of CMV drivers transporting general freight on behalf of for-hire motor carriers. These categories are based on the For-Hire Industry Sector Breakout data reported in the 2023 update of An Analysis of the Operational Costs of Trucking. The TL category is made up predominantly of CMV drivers transporting specialized freight on behalf of for-hire motor carriers. The LTL category is made up of CMV drivers transporting the property of their motor carrier and drivers engaged in specialized operations analogous to LTL operations. The American Trucking Associations’ turnover rates for the three categories in the fourth quarter of 2023 were 78 percent for OTR carriers, 77 percent for TL carriers, and 10 percent for LTL carriers.² The weighted average turnover rate is 58.1 percent.³ The distribution of the driver population used in this analysis is 56.9 percent for OTR drivers, 14 percent for TL drivers, and 29.1 percent for LTL drivers.⁴ The Agency used these percentages to estimate a weighted average turnover rate. The turnover rate is applied to the total driver population to estimate annual job openings.

In this supporting statement, the 58.1 percent turnover rate is applied to the 3-year average of the projected driver population for the information collection period ending in 2027. The projected driver population is based on a 0.589 percent annual growth rate. The growth rate is a weighted average of annual compound growth rates based on BLS point estimates of driver employment from 2022 through 2032 projections for four commercial driver occupations reported by BLS Employment Projections Program.⁵ Table 1 shows the calculation of the weighted average compound growth rate.

Table 1. Population Growth Rate

Standard Occupational Classification (SOC) Code	Occupational Title	Total Employment (Year 2022) (thousands)	Total Employment (Year 2032) (thousands)	Employment Change (2022-2032) (Number of Employees)	Employment Change (2022-2032) (Percent)	Compound Annual Growth Rate in Employment (2022-2032) [MC-PRE]
53-3032	Heavy and tractor-trailer truck drivers	2,192	2,282	89	4.1%	0.400%
53-3033	Light truck or delivery services drivers	1,165	1,298	134	11.5%	1.093%
53-3051	Bus Drivers, School	359	364	4.9	1.4%	0.136%
53-3052	Bus drivers, transit and intercity	156	165	8.4	5.4%	0.525%
Weighted Average Growth Rate	0.589%

Compound growth rate = ((2032 employment/2022 employment) ^ (1/10))-1

Table 2 shows the projected 3-year (2025-2027) average driver population estimated at 9.06 million with a projected growth rate of 0.589 percent. The 3-year average number of job openings is estimated at 5.26 million (5.26 million job openings = 9.06 million drivers × 58.1% turnover rate).

Table 2. Projected Driver Population and Job Openings (in millions)
Year	Total Driver Population	Job Openings
	A = (A × 0.589%) +A	B = A × 58.1% turnover rate
2025	9.00	5.23
2026	9.05	5.26
2027	9.11	5.29
3-year Average 2025-2027	9.05	5.26

Monetized value of drivers’ and motor carriers’ time to comply with driver qualification file reporting and recordkeeping requirements.

The Agency monetizes driver and motor carrier burden hours in this ICR using BLS 2023 median hourly wage data for the four driver occupations listed in Table 1 above.⁶ Table 3 summarizes the estimation of a weighted average hourly wage of $41.02 for drivers. The median hourly wages for each of the four driver occupations are increased to account for fringe benefits and motor carrier overhead, as shown in Table 3.

Table 3. Driver Hourly Wage Including Fringe Benefits and Motor Carrier Overhead
Standard Occupation Title and Code	Total Drivers	% of Total Drivers	Median Hourly Base Wage	Weighted Hourly Wage	Fringe Benefits Rate	Overhead Rate	Weighted Average Hourly Cost
	A = from BLS OES Data	B = A ÷ Sum of Column A	C = from BLS OES Data	D = B × C	E = from BLS ECEC Data	F	G = D + (D × 0.4819) + (D × 0.210)
Heavy and tractor-trailer truck drivers (53-3032)	2,044,400	0.57	$26.12	$14.81	48.19%	21.00%	$25.06
Light truck or delivery service drivers (53-3033)	1,003,960	0.28	$20.42	$5.69	48.19%	21.00%	$9.62
Bus Drivers, School (53-3051)	371,530	0.10	$21.95	$2.26	48.19%	21.00%	$3.83
Bus drivers, transit and intercity (53-3052)	184,990	0.05	$28.93	$1.48	48.19%	21.00%	$2.51
Weighted Average Driver Wage	3,604,880						$41.02

BLS does not publish fringe benefit data by specific occupations. Therefore, the fringe rate used in this analysis is estimated from BLS data for the “transportation and warehousing” industry reported in BLS Employer Costs for Employee Compensation (ECEC) quarterly news releases. The ECEC reports an average hourly wage of $32.02 and $15.43 hourly fringe benefits expense for the “transportation and warehousing” industry. The ratio of hourly fringe benefits and the hourly wage rate results in a 48.19 percent fringe benefit rate (48.19% = $15.43 ÷ $32.02) that is applied to the median hourly wages for the driver occupations shown in Table 3.⁷ The resultant hourly wage with fringe benefits is increased by an additional 21.00 percent to account for motor carrier overhead.⁸ The $41.02 hourly wage is used to monetize driver burden hours.

Motor carrier labor costs are based on a $18.33 median wage for a file clerk (BLS SOC 43-4071) reported in the BLS 2023 OES. When adjusted for fringe benefits (48.19%) and motor carrier overhead (21.00%), the hourly rate used to estimate motor carrier salary expense is $31.01 ($31.01 = $18.33 + (18.33 × 48.19%) + ($18.33 × 21.00%)).

IC-1 Driver Hiring Process Burden Hours and Cost

Table 4 summarizes IC-1.1, the estimate of drivers’ burden hours and cost to prepare employment applications. The average number of job openings is estimated at 5.26 million. It is equal to the difference between the total number of CMV drivers projected at a 0.589 percent annual growth rate and the estimated number of job openings created by a 58.1 percent turnover rate (5.26 million job openings = 9.05 million drivers × 58.1%). It is estimated that five applications are submitted for each job opening, with the average annual number of job applications estimated to be 26.29 million (26.29 million applications = 5.26 million job openings × 5 applications). The Agency estimates that it takes a driver applicant 15 minutes (0.25 hours) to complete the application. This results in an estimated 6.57 million average annual burden hours (6.57 million burden hours = 26.29 million job applications × 0.25 minutes). The driver’s time is monetized at $35 per hour.⁹ The average estimated cost to drivers is $230.01 million ($230.01 million = 6.57 million hours × $35).

Table 4. IC-1.1 Driver Cost to Prepare Employment Application (in Millions)
	Driver Population	Job Openings	Job Applications	Driver Burden Hours	Driver Salary Expense
Year	A = From Table 2 Col. A	B = A × 58.1%	C = B × 5	D = C × 0.25	E = D × $35
2025	9.00	5.23	26.13	6.53	$ 228.66
2026	9.05	5.26	26.29	6.57	$ 230.01
2027	9.11	5.29	26.44	6.61	$ 231.36
Average	9.05	5.26	26.29	6.57	$ 230.01

Table 5 summarizes IC-1.2, which is the estimated burden hours and cost incurred by motor carriers to file employment applications. The Agency assumes that motor carriers will receive five applications for each job opening. This results in a 3-year average of 26.29 million applications. It takes 1 minute (0.017 hours) for a motor carrier file clerk to file each application for an average of 0.45 million burden hours (0.45 million burden hours = 26.29 million applications × 1 minute ÷ 60 minutes). At an average hourly wage of $31, motor carriers will incur an average annual salary expense of $13.85 million.

Table 5. IC-1.2 Motor Carrier Files Employment Application in Driver Qualifications File (in Millions)
Year	Job Applications	Hiring Motor Carrier Burden Hours	Hiring Motor Carrier Salary Expense
	A = Table 4 Col. C	B = A × 0.017	C = B × $31
2025	26.13	0.44	$ 13.77
2026	26.29	0.45	$ 13.85
2027	26.46	0.45	$ 13.93
Average	26.29	0.45	$ 13.85

Table 6 summarizes IC-1.3, which is the estimate of the burden hours and cost incurred by motor carriers to request MVRs from SDLAs for the preceding three years for drivers who motor carriers select for background investigations. The Agency estimates motor carriers will conduct a background investigation for three out of five applicants for each job opening. Therefore, motor carriers will request on average 15.77 million MVRs from licensing authorities (15.77 million MVR requests = 5.26 million job openings × 3 applications). The Agency expects that it will take 5 minutes (0.083 hours) to request and file MVR responses, which results in an average of 1.31 million burden hours per year (1.31 million burden hours = 15.77 million MVR requests × 5 minutes ÷ 60 minutes). At an average wage of $31 per hour, the average annual salary expense for this task is estimated at $40.58 million ($40.58 million = $31 × 1.31 million burden hours).

The supporting statement does not include an estimate of burden hours and associated costs incurred by licensing authorities to provide MVRs in response to motor carrier requests. Providing MVRs to non-commercial and commercial drivers, as well as third parties, is a routine business process performed by licensing authorities for a multitude of entities, not solely for motor carriers to meet FMCSA regulatory requirements. Other entities that use MVRs include insurance companies; law enforcement agencies; private investigative agencies; Federal, State, and local courts; and vendors providing batch retrieval services to authorized third parties.¹⁰ The Agency provides an estimate of the fees motor carriers pay licensing authorities for retrieval of MVRs to meet FMCSA regulatory requirements in section 13.

Table 6. IC-1.3 Hiring Motor Carrier Requesting MVR from Licensing Authorities and Filing in Driver Qualifications File (in Millions)
Year	Job Openings	Number of Driver Records Requested	Hiring Carrier Burden Hours	Hiring Carrier Salary Expense
	A = Table 4 Col. B	B = A × 3	C = B × 0.083	D = C × $31
2025	5.23	15.68	1.30	$40.34
2026	5.26	15.77	1.31	$40.58
2027	5.29	15.86	1.32	$40.82
Average	5.26	15.77	1.31	$40.58

Table 7 summarizes IC-1.4, which is the estimate of the burden hours and cost incurred by hiring motor carriers to obtain the safety performance history for those applicants who have previously been employed by a DOT-regulated motor carrier. The safety performance history is to cover at least three years preceding the date of the application. The Agency estimates 80 percent of applications investigated will require motor carriers to obtain safety performance histories from

DOT-regulated carriers, resulting in an average 12.62 million safety performance histories annually (12.62 million requests = 15.77 million application investigations × 80%). This task is estimated to take 20 minutes (0.333 hours) for each investigation, which results in an average annual burden of 4.20 million hours (4.20 million burden hours = 12.62 million requests × 20 minutes ÷ 60 minutes). At a $31 per hour wage rate for a file clerk, hiring motor carriers are estimated to incur an average annual salary expense of $130.25 million ($130.25 million = 4.20 million burden hours × $31).

Table 7. IC-1.4 Burden Hours and Cost for Hiring Carrier to Obtain Applicants’ Safety Performance History from Previous DOT Employer(s) (in Millions)
Year	Number of Applications Investigated	Number of Safety Performance History Requests	Hiring Carrier Burden Hours	Hiring Carrier Salary Expense
	A = Table 6 Col. B	B = A × 80%	C = B × 0.333	D = C × $31
2025	15.68	12.54	4.18	$129.49
2026	15.77	12.62	4.20	$130.25
2027	15.86	12.69	4.23	$131.02
Average	15.77	12.62	4.20	$130.25

Table 8 summarizes IC-1.5, which is the estimate of the burden hours and cost incurred by DOT-regulated motor carriers to respond to hiring motor carriers’ requests for the safety performance histories of former drivers. FMCSA estimates that it takes motor carriers 5 minutes (0.083 hours) to respond to each request (i.e., retrieve the data, prepare the response, and transmit to the hiring motor carrier). The estimated average burden hours for this task are 1.05 million hours (1.05 million hours = 15.77 million safety performance history requests × 80% × 5 minutes ÷ 60 minutes). At an average hourly wage of $31, the estimated average cost to motor carriers is $32.46 million ($32.46 million = 1.05 million hours × $31).

Table 8. IC-1.5 Burden Hours and Cost for DOT-Regulated Employers to Supply Safety Performance History to Hiring Carrier (in Millions)
	Number of Applications Investigated	Number of Safety Performance History Requests	DOT-Regulated Carrier Burden Hours	FMCSA-Regulated Carrier Salary Expense
Year	A = Table 6 Col. B	B = A × 80%	C = B × 0.083	D = C × $31
2025	15.68	12.54	1.04	$32.27
2026	15.77	12.62	1.05	$32.46
2027	15.86	12.69	1.05	$32.66
Average	15.77	12.62	1.05	$32.46

IC-2 Annual Review of Driver Qualifications Burden Hours and Costs

IC-2 is the estimate of the average annual burden hours and cost incurred by motor carriers to incurred by motor carriers to submit requests to SDLAs for the MVRs of drivers who they have employed for the preceding 12 months and to file the response in the DQ file. The number of requests is equal to the difference between the total driver population and the number of job openings created by annual turnover. As shown in Table 9, the Agency estimates that motor carriers will request SDLAs to furnish an average of 3.80 million MVRs (3.80 million requests = 9.05 million drivers × (1 – 58.1% turnover rate)). The Agency estimates that it takes a motor carrier file clerk 2 minutes (0.033 hours) to perform this task, which results in an estimated average burden of 0.13 million hours (0.13 million hours = 3.80 million requests × 2 minutes ÷ 60 minutes). The wage rate for this task is $31 per hour. The average annual salary expense to motor carriers is estimated at $3.88 million.

Table 9. IC-2 Employer Annual MVR Request to Licensing Authorities and Filing MVR in Driver Qualifications File (in Millions)
Year	Driver Population	Number of Drivers Subject to Annual MVR Review	Motor Carrier Burden Hours for Requesting and Filing MVRs from Licensing Authorities	Motor Carrier Salary Expense
	A = Table 2 Col. A	B = A × (1 – 58.1%)	C = B × 0.033)	D = C × $31
2025	9.00	3.77	0.12	$3.86
2026	9.05	3.80	0.13	$3.88
2027	9.11	3.82	0.13	$3.91
Average	9.05	3.80	0.13	$3.88

IC-3 Limited Exemptions from Driver Qualification Documentation Burden Hours and Costs

IC-3 accounts for the reporting and recordkeeping requirements of driver qualification documentation pertaining to multiple-employer drivers (49 CFR 391.63) and for drivers furnished to another motor carrier by the drivers’ regular employers (49 CFR 391.65). Table 10 shows the estimate of the average burden hours and cost associated with IC-3.1 and IC-3.2.
IC-3.1 accounts for the reporting requirement of 49 CFR 391.63(a) that drivers provide license data and personal information to the motor carrier. FMCSA assumes that 10 percent or 0.91 million drivers are multiple-employer drivers (0.91 million drivers = 9.05 million driver population × 10%). FMCSA estimates it takes drivers on average 1 minute (0.017 hours) to supply the data to secondary motor carriers, which results in an average of 0.02 million burden hours (0.02 million burden hours = 0.91 million drivers × 1 minute ÷ 60 minutes). At a $42 hourly wage, the average annual cost of this task is estimated at $0.65 million ($0.65 million = 0.02 burden hours × $42).¹¹ IC-3.2 accounts for secondary motor carriers’ reporting and recordkeeping requirements prescribed by 49 CFR 391.63(b). FMCSA also estimates it takes secondary motor carriers 1 minute (0.017 hours) to file drivers’ personal information and license data. Thus, the secondary motor carriers’ burden hours for this task are the same as those incurred by drivers. Motor carrier costs are monetized at $31 per hour for a total of $0.48 million.

Table 10. IC-3.1 and IC-3.2 Reporting and Recordkeeping for Multiple Employer Drivers Information (in Millions)
Year	Driver Population	Number of Multiple- Employer Drivers	IC-3.1 Driver Burden Hours	IC-3.1 Driver Salary Expense	IC-3.2 Motor Carrier Burden Hours	IC-3.2 Motor Carriers Salary Expense
	A = Table 2 Col. A	B = A × 10%	C = B × 0.017	D = C × $42	E = B × 0.017	F = E × $31
2025	9.00	0.90	0.02	$ 0.64	0.02	$0.47
2026	9.05	0.91	0.02	$ 0.65	0.02	$0.48
2027	9.11	0.91	0.02	$ 0.65	0.02	$0.48
Average	9.05	0.91	0.02	$ 0.65	0.02	$0.48

Table 11 summarizes the burden hours and cost to motor carriers furnishing drivers to a second carrier. A motor carrier using a driver who it does not regularly employ does not have to establish and maintain a complete driver qualification file for that driver if the motor carrier obtains a “Qualification Certificate” from the motor carrier that regularly employs the driver (49 CFR 391.65(a)). IC-3.3 accounts for the burden hours and cost for compliance with this regulation. FMCSA estimates that 20 percent of drivers work for a second motor carrier on a temporary basis. This equates to 1.81 million drivers (1.81 million furnished drivers = 9.05 million driver population × 20%). FMCSA estimates that the drivers’ regular motor carriers require 2 minutes (0.033 hours) to complete the Qualification Certificate. This results in an average annual burden of 0.06 million hours (0.06 million hours = 1.81 million drivers × 2 minutes ÷ 60 minutes). Based on a $31 hourly wage for a file clerk, regular motor carriers are estimated to incur a $1.85 million average annual salary expense to perform this task. Motor carriers that temporarily employ drivers must contact the drivers’ regular employers to validate the certificate and then file it in accordance with 49 CFR 391.65(b). IC-3.4 accounts for this task. The Agency estimates it takes the temporary employer 3 minutes (0.05 hours) to contact drivers’ regular employers and to file a Qualification Certificate for each driver. This results in an average annual burden of 0.09 million hours (0.09 hours = 1.81 million furnished drivers × 3 minutes ÷ 60 minutes). At the $31 hourly wage for a file clerk, temporary motor carriers are estimated to incur a $2.81 million average annual salary expense.

Table 11. IC-3.3 and IC-3.4 Reporting and Recordkeeping for Drivers Furnished by Another Carrier (in Millions)
Year	Driver Population (millions)	Drivers Furnished to Another Motor Carrier	IC-3.3 Regular Motor Carrier Burden Hours	IC-3.3 Regular Employer Salary Expense	IC-3.4 Temporary Motor Carrier Burden Hours	IC-3.4 Temporary Motor Carrier Salary Expense
	A = Table 2 Col. A.	B = A × 20%	C = B × 0.033	D = C × $31	E = B × 0.05	F = E × $31
2025	9.00	1.80	0.06	$1.84	0.09	$2.79
2026	9.05	1.81	0.06	$1.85	0.09	$2.81
2027	9.11	1.82	0.06	$1.86	0.09	$2.82
Average	9.05	1.81	0.06	$1.85	0.09	$2.81

IC-4 Driver’s Review and Rebuttal of Safety Performance History Burden Hours and Cost

IC-4.1 accounts for the requirement that motor carriers notify drivers of their right to review safety performance histories provided by previous employers regulated by FMCSA to hiring motor carriers (49 CFR 391.23(i)(1)). The estimates of the burden hours and cost of this requirement are summarized in Table 12. The number of motor carrier notices to drivers equals the number of motor carrier requests for safety performance histories, which is estimated at 12.62 million requests. FMCSA estimates that motor carriers require an average of 1 minute (0.017 hours) to provide this notice. The estimated average annual burden to notify driver-applicants is 0.21 million hours (0.21 million hours = 12.62 million driver history requests × 1 minute ÷ 60 minutes). At a $31 hourly wage for a file clerk, the average annual expense to hiring motor carriers is estimated at $6.65 million.

Table 12. IC-4.1 Motor Carrier Notification to Driver of Right to Review Safety Performance History (in Millions)
Year	Number of Driver-Applicant Notices of Rights to Review Safety Performance History	Motor Carrier Burden Hours to Provide Notification	Motor Carrier Salary Expense to Provide Notification
	A = Table 7 Col. B	B = A × 0.017	C= B × $31/hour
2025	12.54	0.21	$6.61
2026	12.62	0.21	$6.65
2027	12.69	0.22	$6.69
Average	12.62	0.21	$6.65

IC-4.2 pertains to hiring motor carriers furnishing, upon driver request, copies of the drivers’ safety performance histories provided to the hiring motor carrier by previous employers. Drivers have the right to request a copy of their safety performance history from the hiring motor carrier. The Agency estimates that hiring motor carriers will, on average, investigate the safety performance history of three applicants for each driver opening; thus, approximately 12.62 million safety history investigations are conducted annually. The 5.26 million applicants selected for driver positions generally have no reason to request their safety history. Of the remaining 7.36 million driver-applicants (7.36 million applicants = 12.62 million applicant investigations – 5.26 million hired drivers), the Agency estimates 5 percent, or 0.37 million applicants, request their safety performance histories from the hiring motor carrier (0.37 applicant requests = (12.62 million investigations – 5.26 million job openings) × 5%). FMCSA estimates that it takes 3 minutes (0.05 hours) for hiring motor carriers to provide each requesting driver-applicant with a copy of his or her safety performance history. It takes 0.02 million burden hours to perform this task (0.02 million hours = 0.37 million applicant requests for safety performance history × 3 minutes ÷ 60 minutes). Based on a $31 per hour rate, hiring motor carriers’ average annual expense for performing this task is estimated at $0.57 million. Table 13 summarizes the estimate of average annual burden hours and cost.

Table 13. IC-4.2 Motor Carrier Providing Drivers with Safety Performance Histories (in Millions)
Year	Number of Safety Performance History Investigations	Number of Job Openings Filled	Number of Drivers Requesting Safety Performance History	Motor Carrier Burden Hours to Provide Safety Performance History to Hiring Carrier	Motor Carrier Salary Expense
	A = Table 12 Col. A	B = Table 2 Col. B	C = (A − B) × 5%	D = C × 0.05	E = D × $31
2025	12.54	5.23	0.37	0.02	$0.57
2026	12.62	5.26	0.37	0.02	$0.57
2027	12.69	5.29	0.37	0.02	$0.57
Average	12.62	5.26	0.37	0.02	$0.57

IC-4.3 accounts for the time and expense incurred by driver-applicants if they choose to rebut in writing a safety performance history provided to the hiring motor carrier. The estimate of the annual burden hours and cost associated with this task is summarized in Table 14. The applicant must forward the rebuttal to former employers and ask that the history be amended. The Agency assumes that of the 0.37 million applicants who receive their safety performance histories from hiring motor carriers, 10 percent, or 0.037 million, will submit a rebuttal to their prior employers. FMCSA estimates that drivers will require 30 minutes (0.5 hours) to draft a rebuttal and provide it to their past employer(s). The annual burden associated with submitting a rebuttal is estimated to be 0.02 million hours (0.02 million = 0.037 million rebuttals × 30 minutes ÷ 60 minutes). The cost of this task is estimated at $0.64 million based on a $35 per hour driver wage. Motor carrier overhead is excluded from the driver wage because it is assumed that the applicant is preparing the rebuttal on his or her own time.

Table 14. IC-4.3 Driver Rebuttal of Safety Performance History (in Millions)
Year	Drivers Requesting Safety Performance History	Drivers Submitting Rebuttal	Driver Burden Hours	Driver Salary Expense
	A = Table 13 Col. C	B = A × 10%	C = (B × 0.5)	D = C × $35
2025	0.37	0.037	0.02	$ 0.64
2026	0.37	0.037	0.02	$ 0.64
2027	0.37	0.037	0.02	$ 0.65
Average	0.37	0.037	0.02	$ 0.64

Table 15 summarizes the burden hours and costs incurred by drivers and motor carriers to comply with the driver qualifications reporting and recordkeeping requirements in this ICR.

Table 15. Estimated Burden Hours and Cost of Driver Qualifications Reporting and Recordkeeping Requirements
Information Collection	Number of Responses (millions)	Minutes per Response	Burden Hours (millions)	Cost ($ millions)
IC-1 Driver Hiring Process
IC-1.1 Driver prepares and submits employment application [49 CFR 391.21]	26.29	15	6.57	$ 230.01
IC-1.2 Hiring motor carrier files application in driver qualification file [49 CFR 391.51(b)(1)]	26.29	1	0.45	$ 13.85
IC-1.3 Hiring carrier requests applicant’s MVR for 3 preceding years and files in driver qualification file [49 CFR 391.23(a)(1) and (b)]	15.77	5	1.31	$ 40.58
IC-1.4 Hiring motor carrier requests safety performance history from applicant’s prior FMCSA-regulated employers and files in investigation history file [49 CFR 391.23(a)(2) and (c)(1)]	12.62	20	4.20	$ 130.25
IC-1.5 Prior FMCSA-regulated carrier response to request for safety performance history [49 CFR 391.23(g)(1) and (4)]	12.62	5	1.05	$ 32.46
Total IC-1	93.59		13.58	$ 447.16
IC-2: Annual Review of Driver Qualifications
IC-2 Employer annual request for MVR [49 CFR 391.25 and 391.51(b)(4)]	3.80	2	0.13	$ 3.88
Total IC-2	3.80		0.13	$ 3.88
IC-3 Limited Exemptions from Driver Qualification Documentation
IC-3.1 Multiple-employer driver provides license data and personal information [49 CFR 391.63(a)]	0.91	1	0.02	$ 0.65
IC-3.2 Motor carrier files driver license data and personal information [49 CFR 391.63(b)]	0.91	1	0.02	$ 0.48
IC-3.3 Regular employer provides certification of driver qualifications [49 CFR 391.65(a)(2)]	1.81	2	0.06	$ 1.85
IC-3.4 Second employer requests certification of driver qualifications and files certificate [49 CFR 391.65(b)]	1.81	3	0.09	$ 2.81
Total IC-3	5.44		0.19	$ 5.78
IC-4: Driver Review and Rebuttal of Safety Performance History
IC-4.1 Hiring carrier provides notification to drivers of right to review safety performance history [49 CFR 391.23(i)(1)]	12.62	1	0.21	$ 6.65
IC-4.2 Hiring carrier provides prior employer safety history to applicant [49 CFR 391.23(i)(2)]	0.37	3	0.02	$ 0.57
IC-4.3 Driver prepares and submits rebuttal to previous employer [49 CFR 391.23(j)(3)]	0.037	30	0.02	$ 0.64
TOTAL IC-4	13.027		0.25	$ 7.86
TOTAL	115.857		14.15	$ 464.69

Summary Statistics

Estimated annual number of responses and recordkeeping tasks: 115.857 million.

Estimated annual burden hours: 14.15 million hours.

Estimated annual number of respondents: 9.86 million respondents (9.05 million drivers + 0.81 million motor carriers).

13. Estimate of total annual costs to respondents or recordkeepers.

The known non-labor costs associated with this information collection are fees motor carriers pay to request MVRs. The Agency does not estimate burden hours and costs incurred by licensing authorities to provide motor carriers with MVRs they are required to request pursuant to 49 CFR 391.23 and 391.25. The Agency finds this function is a routine business practice for licensing authorities.

The approved ICR reflects that motor carriers are assessed a $10 fee to obtain MVRs from SDLAs, which consists of a $9 median fee charged by all 51 SDLAs plus a $1 third-party processing fee. The Agency assumes that third-party vendors provide batch processing of requests for MVRs on behalf of motor carriers. Thus, a $1 fee for vendors retrieving MVRs is added to the median fee charged by SDLAs. A LexisNexis survey of SDLA requirements for ordering MVRs indicates that SDLAs have developed systems to accommodate small and large requests electronically. Forty-nine SDLAs responded that they provide both interactive requests for MVRs as well as batch processing. The remaining SDLAs provide only batch processing.

The Agency estimates that motor carriers would request licensing authorities provide 1.31 million MVRs to comply with 49 CFR 391.25, the annual record check. Motor carriers are also required during the hiring process to request licensing authorities to provide MVRs for applicants for the preceding 3 years. The Agency estimates that motor carriers would make 23.24 million requests for MVRs as part of the hiring process to comply with 49 CFR 391.23. Therefore, on average, motor carriers are estimated to request 24.55 million (23.24 + 1.31) MVRs from licensing authorities at a cost of $246 million ($246 million = $10 × 24.55 million).

14. Estimate of cost to the Federal government.

The Federal government incurs no costs associated with part 391 information and recordkeeping requirements. Motor carriers collect and maintain part 391 information, and FMCSA does not require that information be submitted to the Agency. A motor carrier must make the part 391 information available when an FMCSA or State investigator conducts an on-site review at the motor carrier’s place of business or terminal.

15. Explanation of program changes or adjustments.

Adjustments – Table 16 shows the updated information for driver population, the driver turnover rate, and driver wage rate. The response times for each information collection used to estimate burden hours and motor carrier administrative personnel wage rate ($41 per hour) used in the approved ICR are continued in this supporting statement.

Table 16. Adjustments

	OMB Approved	New
CMV Driver Population	6.92 million	9.05 million
Driver Turnover Rate	77.10%	58.1%
Driver Wage Rate	$37	$41

Changes in Total Burden Hours and Costs –The total cost of this ICR is estimated at $710.69 million, which consists of $464.69 million of labor costs and $246 million in fees to request MVRs from licensing authorities. The approved ICR cost was estimated at $602.16 million, which consists of $426.16 million of labor costs and $176 million of fees for requests for MVRs. The increase in labor-related costs is estimated at $38.53 million. As described above, the median fee used in the approved ICR and this ICR is $9, plus a $1 fee paid to third-party service providers. Therefore, this increase in the cost to motor carriers is caused by driver population growth and increased driver turnover rates.

Table 17. Changes in Burden Hours and Cost (in Millions)

Information Collection	Number of Responses or Recordkeeping Tasks	Burden Hours	Cost	MVR Fees
New	115.857	14.150	$ 464.69	$ 246.00
OMB approved	113.961	14.222	$ 426.16	$ 176.00
Increase/Decrease	1.896	-0.072	38.53	70.00

16. Publication of results of data collection:

This information collection requires recordkeeping by motor carriers and drivers. As such, there will be no related publication of such data.

17. Approval for not displaying the expiration date for OMB approval.

FMCSA is not seeking this approval.

18. Exceptions to certification statement.

FMCSA is claiming no exception to any element of the certification statement.

Attachments

A. The Motor Carrier Safety Act of 1984, Pub. L. 98-554, Title II, 98 Stat. 2832, Oct. 30, 1984.

B. 49 U.S.C. 504 titled, “Reports and records.”

C. 49 U.S.C. 31133 titled, “General Powers of the Secretary of Transportation.”

D. 49 U.S.C. 31136 titled, “United States Government regulations.”

E. 49 U.S.C. 31502 titled, “Requirements for qualification, hours of service, safety, and equipment standards.”

F. 49 CFR 391.51 titled, “General requirements for driver qualification files.”

G. 49 CFR 1.87 titled, “Delegations to the Federal Motor Carrier Safety Administration Administrator.”

H. 49 CFR 391.11 titled, “General qualifications of drivers.”

I. 49 CFR 391.63 titled, “Multiple-employer drivers,” and 391.65 titled, “Drivers furnished by other motor carriers.”

J. NPRM titled, “Safety Performance History of New Drivers” (61 FR 10548, Mar. 14, 1996).

K. SNPRM titled, “Safety Performance History of New Drivers” (68 FR 42339, July 17, 2003).

L. Final rule titled, “Safety Performance History of New Drivers” (69 FR 16684, Mar. 30, 2004).

1 Available at FMCSA, Motor Carrier Management Information System (MCMIS), data snapshot as of December 29, 2023. This snapshot represents the most recent available data at the time FMCSA began the ICR renewal process in late 2024.

2 The turnover rate is derived from turnover rates reported for three categories of motor carriers by the American Trucking Associations. Available at https://www.trucking.org/news-insights/fourth-quarter-truck-driver-turnover-rate-shows-muddled-picture. Accessed 5/30/2024. Accessed 5/30/2024.

3 Calculated as: 58.1% = (56.9% proportion of OTR drivers × 78% turnover of OTR drivers) + (14% proportion of TL drivers × 77% turnover of TL drivers) + (29.1% proportion of LTL drivers × 10% turnover of LTL drivers).

4 American Transportation Research Institute, ATRI Analysis of the Operational Cost of Trucking: 2023 Update. Available at ATRI-Operational-Cost-of-Trucking-06-2023.pdf (truckingresearch.org) (last accessed April 23, 2024).

5 U.S. Department of Labor, Bureau of Labor Statistics. Employment Projections. Table 1.2 https://www.bls.gov/emp/tables/emp-by-detailed-occupation.htm or URL http://data.bls.gov/projections/occupationProj. Accessed April 5, 2024.

6 DOL, BLS. Occupational Employment Statistics (OES), May 2023 Occupational Profiles. Available at https://www.bls.gov/oes/current/oes_nat.htm (last accessed July 1, 2024).

7 DOL, BLS. “Employer Cost of Employee Compensation March 2024 News Release,” Table 4: Employer Costs for Employee Compensation for private industry workers by occupational and industry group. Available at Employer Costs for Employee Compensation – December 2023 (bls.gov) (last accessed October 13, 2024). The fringe benefit rate is the ratio of hourly wage for a private industry worker and the associated hourly benefit rate (48.18% = $15.43 ÷ $32.02).

8 U.S. Department of Commerce, U.S. Census Bureau. Service Annual Survey Historical Data (NAICS-basis): 2015. SAS Table 5. Jan. 28, 2016. Available at: https://www.census.gov/programs-surveys/sas/data/tables.html (accessed Apr. 22, 2024).

9 The driver’s time is monetized at $35 per hour for IC-1.1. This is because drivers seeking to change jobs and new entrants would be doing so on their own time. Hence, motor carrier overhead is not applicable to monetizing the burden hours associated with this task.

10 See for example, Utah Department of Public Safety, Driver Privacy Protection Act Permissible Uses. Available at https://site.utah.gov/dps-driver/wp-content/uploads/sites/17/2015/01/Permissable-Uses.pdf (Accessed 7/16/2024),.

11 The driver wage rate used in this estimate includes motor carrier overhead ($35 + ($35 x 21%)) because it is assumed that the driver is providing the information required by the rule while the driver is on duty.

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