82_FR_31811 82 FR 31682 - Agency Information Collection Activities; Extension of a Currently-Approved Information Collection: Accident Recordkeeping Requirements

82 FR 31682 - Agency Information Collection Activities; Extension of a Currently-Approved Information Collection: Accident Recordkeeping Requirements

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31682-31683
FR Document2017-14272

In accordance with the Paperwork Reduction Act of 1995 (PRA), 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. FMCSA is requesting approval to extend a currently-approved ICR entitled ``Accident Recordkeeping Requirements.'' This ICR relates to Agency requirements that motor carriers maintain a record of accidents involving their commercial motor vehicles (CMVs). On March 22, 2017, FMCSA published a Federal Register notice announcing an increase in the Agency's estimate of the total information-collection (IC) burden of this requirement and asked for public comment. No comments were received. The regulatory burden has not changed, but the population of motor carriers has increased, both organically and because the Agency now includes the population of intrastate motor carriers in this ICR.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31682-31683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14272]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0354]


Agency Information Collection Activities; Extension of a 
Currently-Approved Information Collection: Accident Recordkeeping 
Requirements

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

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
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. FMCSA is requesting approval to extend a 
currently-approved ICR entitled ``Accident Recordkeeping 
Requirements.'' This ICR relates to Agency requirements that motor 
carriers maintain a record of accidents involving their commercial 
motor vehicles (CMVs). On March 22, 2017, FMCSA published a Federal 
Register notice announcing an increase in the Agency's estimate of the 
total information-collection (IC) burden of this requirement and asked 
for public comment. No comments were received. The regulatory burden 
has not changed, but the population of motor carriers has increased, 
both organically and because the Agency now includes the population of 
intrastate motor carriers in this ICR.

DATES: Please send your comments by August 7, 2017. OMB must receive 
your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2016-0354. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the OMB Desk Officer, DOT/FMCSA, and sent via electronic mail to 
oira_submission@omb.eop.gov, faxed to (202) 395-6974, or mailed to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, FMCSA Driver 
and Carrier Operations Division, DOT, FMCSA, West Building 6th Floor, 
1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-
4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 
    Title: Accident Recordkeeping Requirements.
    OMB Control Number: 2126-0009.
    Type of Request: Extension of a currently approved information 
collection.
    Respondents: Motor Carriers.
    Estimated Number of Respondents: 886,122 motor carriers.
    Estimated Number of Responses: 120,522.
    Estimated Time per Response: 18 minutes.
    Expiration Date: July 31, 2017.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 36,157 hours [120,522 accidents x 18 
minutes per response/60 minutes in an hour].
    Definition: ``Accident'' means an occurrence involving a CMV 
operating on a public road that results in: (1) A fatality, (2) bodily 
injury to a person who, because of the injury, immediately receives 
medical treatment away from the scene of the accident, or (3) one or 
more motor vehicles being towed from the scene due to disabling damage 
(49

[[Page 31683]]

CFR 390.5 and as well as in section 390.5T while in effect).

Background

    Title 49 of the Code of Federal Regulations, section 390.15(b), 
requires motor carriers to make certain specified records and 
information pertaining to CMV accidents available to an authorized 
representative or special agent of the FMCSA upon request or as part of 
an inquiry. Motor carriers are required to maintain an ``accident 
register'' consisting of information concerning all ``accidents'' 
involving their CMVs (49 CFR 390.15(b)(see ``Definition: Accident,'' 
above). The following information must be recorded for each accident: 
Date, location, driver name, number of injuries, number of fatalities, 
and whether certain dangerous hazardous materials were released. In 
addition, the motor carrier must maintain copies of all accident 
reports required by insurers or governmental entities. Motor carriers 
must maintain this information for three years after the date of the 
accident. Section 390.15 does not require motor carriers to submit any 
information or records to FMCSA or any other party.
    This ICR supports the DOT strategic goal of safety. By requiring 
motor carriers to gather and record information concerning CMV 
accidents, FMCSA is strengthening its ability to assess the safety 
performance of motor carriers. This information is a valuable resource 
in Agency initiatives to prevent, and reduce the severity of, CMV 
crashes.
    The Agency increases its burden estimate from 26,700 to 36,157 
hours. The regulatory requirement has not changed for accident 
recordkeeping. The increase is due to two revised estimates: (1) The 
population of motor carriers subject to the regulation, from 520,000 to 
886,122, and (2) the number of reportable accidents, from 89,000 to 
120,522. The Agency has amended the population of motor carriers to 
include the accident recordkeeping burden of intrastate motor carriers. 
In past estimates, the Agency had taken the position that the accident 
recordkeeping of intrastate carriers occurred as a result of State law. 
However, the OMB has directed FMCSA to include such intrastate 
activities in its IC estimates, so we do so in this burden estimate 
statement for the first time. The Agency estimates that 886,122 motor 
carriers are subject to accident register requirements (508,367 
interstate and 377,755 intrastate motor carriers). The Agency further 
estimates that the number of accidents that must be reported by 
intrastate or interstate motor carriers is 120,522.
    The Agency received no comments to the 60-day Federal Register 
notice published on March 22, 2017 (82 FR 14793).

Public Comments Invited

    FMCSA requests that you comment on any aspect of this information 
collection, including: (1) Whether the proposed collection is necessary 
for FMCSA to perform its 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 delegated in 49 CFR 1.87 on: June 28, 
2017.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2017-14272 Filed 7-6-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    31682                             Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

                                                    driver. Some of these drivers record                     IV. Method To Ensure an Equivalent or                 estimate of the total information-
                                                    their hours worked on an ‘‘exempt’’ log.                 Greater Level of Safety                               collection (IC) burden of this
                                                    Other drivers complete a grid log, even                    If this exemption is granted, RDS                   requirement and asked for public
                                                    though they meet the 100 air-mile                        proposes to implement the following                   comment. No comments were received.
                                                    radius exemption. Both types of paper                    conditions on its use of this exemption:              The regulatory burden has not changed,
                                                    logs are time consuming for the drivers                    • Allow FMCSA and the State                         but the population of motor carriers has
                                                    and the Safety Department. For this                      enforcement partners access to its data               increased, both organically and because
                                                    reason, RDS has embarked on the use of                   as both a monitoring and training tool.               the Agency now includes the
                                                    a vehicle recording device, which has                    This would be provided to the Agency                  population of intrastate motor carriers
                                                    helped increase the company’s safety                     and State partners by granting them                   in this ICR.
                                                    performance. It accurately records all of                access at any time through RDS’s web                  DATES: Please send your comments by
                                                    the drivers’ activities including on-duty                portal.                                               August 7, 2017. OMB must receive your
                                                    time, driving time, and total hours for                    • RDS will maintain a Satisfactory                  comments by this date to act quickly on
                                                    the day. RDS is using the Geotab 7                       safety rating.                                        the ICR.
                                                    system, a global positioning system                        • RDS drivers will carry a copy of the              ADDRESSES: All comments should
                                                    (GPS) that tracks the location of the                    exemption with them when operating                    reference Federal Docket Management
                                                    vehicle.                                                 the CMV.                                              System (FDMS) Docket Number
                                                       This electronic system allows for                       • RDS will conduct a minimum of                     FMCSA–2016–0354. Interested persons
                                                    accuracy and ‘‘real-time’’ follow up.                    four safety meetings per year.                        are invited to submit written comments
                                                    RDS believes that with this system it is                   • RDS will continue their ongoing                   on the proposed information collection
                                                    improving the safety of the motoring                     immediate notification and training for               to the Office of Information and
                                                    public by ensuring that the drivers do                   any drivers who exceed a speed limit.                 Regulatory Affairs, Office of
                                                    not falsify their log books or operate                     • RDS will continue its ongoing                     Management and Budget. Comments
                                                    when they are tired. Additionally,                       immediate notification and training for               should be addressed to the attention of
                                                    proactive measures have been                             any drivers who exceed the HOS limits.                the OMB Desk Officer, DOT/FMCSA,
                                                    implemented by RDS to improve                              A copy of the RDS application for                   and sent via electronic mail to oira_
                                                    highway safety. RDS states that the use                  exemption is available for review in the              submission@omb.eop.gov, faxed to (202)
                                                    of a daily log book or an ‘‘exempt’’ log                 docket for this notice.                               395–6974, or mailed to the Office of
                                                    does not enable the carrier to monitor                     Issued on: June 27, 2017.                           Information and Regulatory Affairs,
                                                    and respond to these events in ‘‘real-                   Larry W. Minor,                                       Office of Management and Budget,
                                                    time.’’ Violations are discovered 12 to                  Associate Administrator for Policy.                   Docket Library, Room 10102, 725 17th
                                                    24 hours later. However, with the                        [FR Doc. 2017–14273 Filed 7–6–17; 8:45 am]
                                                                                                                                                                   Street NW., Washington, DC 20503.
                                                    electronic tracking system all                                                                                 FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                             BILLING CODE 4910–EX–P
                                                    departments see the events in ‘‘real-                                                                          Robert F. Schultz, FMCSA Driver and
                                                    time’’ and can respond immediately.                                                                            Carrier Operations Division, DOT,
                                                    This GPS system has allowed the Safety                   DEPARTMENT OF TRANSPORTATION                          FMCSA, West Building 6th Floor, 1200
                                                    Department to reduce the time spent                                                                            New Jersey Avenue SE., Washington,
                                                    auditing log books after the fact.                       Federal Motor Carrier Safety                          DC 20590. Telephone: 202–366–4325.
                                                       RDS believes that the use of the                      Administration                                        Email: MCPSD@dot.gov.
                                                    Geotab 7 system, along with their                        [Docket No. FMCSA–2016–0354]                          SUPPLEMENTARY INFORMATION:
                                                    increased focus on driver training and                                                                            Title: Accident Recordkeeping
                                                    education, goes beyond compliance                        Agency Information Collection                         Requirements.
                                                    with the Federal regulations. The                        Activities; Extension of a Currently-                    OMB Control Number: 2126–0009.
                                                    system has allowed them to provide                       Approved Information Collection:                         Type of Request: Extension of a
                                                    ‘‘real time’’ oversight of the company’s                 Accident Recordkeeping Requirements                   currently approved information
                                                    safety program. Every time a driver                                                                            collection.
                                                                                                             AGENCY: Federal Motor Carrier Safety                     Respondents: Motor Carriers.
                                                    exceeds posted speed limits an email                     Administration (FMCSA), DOT.
                                                    alert is sent to the Safety Department,                                                                           Estimated Number of Respondents:
                                                    dispatchers, and terminal management.                    ACTION: Notice and request for                        886,122 motor carriers.
                                                                                                             comments.                                                Estimated Number of Responses:
                                                    Drivers are notified via email and phone
                                                                                                                                                                   120,522.
                                                    when safe to do so, advising them of the                 SUMMARY:   In accordance with the                        Estimated Time per Response: 18
                                                    need to slow down. Drivers also receive                  Paperwork Reduction Act of 1995                       minutes.
                                                    email notifications, letters, and phone                  (PRA), FMCSA announces its plan to                       Expiration Date: July 31, 2017.
                                                    calls for instances of harsh cornering                   submit the Information Collection                        Frequency of Response: On occasion.
                                                    and hard braking. When notified of                       Request (ICR) described below to the                     Estimated Total Annual Burden:
                                                    these critical events, RDS’s drivers                     Office of Management and Budget                       36,157 hours [120,522 accidents × 18
                                                    receive critical information on why and                  (OMB) for its review and approval.                    minutes per response/60 minutes in an
                                                    how to improve vehicle handling to                       FMCSA is requesting approval to extend                hour].
                                                    avoid rollovers, and how to better judge
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                                                                                                             a currently-approved ICR entitled                        Definition: ‘‘Accident’’ means an
                                                    following distance and other issues to                   ‘‘Accident Recordkeeping                              occurrence involving a CMV operating
                                                    avoid hard braking.                                      Requirements.’’ This ICR relates to                   on a public road that results in: (1) A
                                                       RDS states that its procedures are                    Agency requirements that motor carriers               fatality, (2) bodily injury to a person
                                                    designed to ensure that it leases only the               maintain a record of accidents involving              who, because of the injury, immediately
                                                    highest caliber of drivers with a proven                 their commercial motor vehicles                       receives medical treatment away from
                                                    record of safe driving. RDS is committed                 (CMVs). On March 22, 2017, FMCSA                      the scene of the accident, or (3) one or
                                                    to ensuring that its drivers operate in a                published a Federal Register notice                   more motor vehicles being towed from
                                                    way that protects the motoring public.                   announcing an increase in the Agency’s                the scene due to disabling damage (49


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                                                                                      Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                          31683

                                                    CFR 390.5 and as well as in section                        The Agency received no comments to                  through July 8, at 11:59 p.m. local time,
                                                    390.5T while in effect).                                 the 60-day Federal Register notice                    each year through 2020.
                                                                                                             published on March 22, 2017 (82 FR                    ADDRESSES:
                                                    Background
                                                                                                             14793).                                                  Docket: For access to the docket to
                                                       Title 49 of the Code of Federal                                                                             read background documents or
                                                    Regulations, section 390.15(b), requires                 Public Comments Invited
                                                                                                                                                                   comments, go to www.regulations.gov at
                                                    motor carriers to make certain specified                   FMCSA requests that you comment                     any time or visit Room W12–140 on the
                                                    records and information pertaining to                    on any aspect of this information                     ground level of the West Building, 1200
                                                    CMV accidents available to an                            collection, including: (1) Whether the                New Jersey Avenue SE., Washington,
                                                    authorized representative or special                     proposed collection is necessary for                  DC, between 9 a.m. and 5 p.m., ET,
                                                    agent of the FMCSA upon request or as                    FMCSA to perform its functions, (2) the               Monday through Friday, except Federal
                                                    part of an inquiry. Motor carriers are                   accuracy of the estimated burden, (3)                 holidays. The on-line Federal Docket
                                                    required to maintain an ‘‘accident                       ways for the FMCSA to enhance the                     Management System (FDMS) is
                                                    register’’ consisting of information                     quality, usefulness, and clarity of the               available 24 hours each day, 365 days
                                                    concerning all ‘‘accidents’’ involving                   collected information, and (4) ways that              each year. If you want acknowledgment
                                                    their CMVs (49 CFR 390.15(b)(see                         the burden could be minimized without                 that we received your comments, please
                                                    ‘‘Definition: Accident,’’ above). The                    reducing the quality of the collected                 include a self-addressed, stamped
                                                    following information must be recorded                   information.                                          envelope or postcard or print the
                                                    for each accident: Date, location, driver                  Issued under the authority delegated in 49          acknowledgement page that appears
                                                    name, number of injuries, number of                      CFR 1.87 on: June 28, 2017.                           after submitting comments on-line.
                                                    fatalities, and whether certain                          G. Kelly Regal,                                          Privacy Act: In accordance with 5
                                                    dangerous hazardous materials were                       Associate Administrator for Office of                 U.S.C. 553(c), DOT solicits comments
                                                    released. In addition, the motor carrier                 Research and Information Technology.                  from the public to better inform its
                                                    must maintain copies of all accident                     [FR Doc. 2017–14272 Filed 7–6–17; 8:45 am]            rulemaking process. DOT posts these
                                                    reports required by insurers or                                                                                comments, without edit, including any
                                                                                                             BILLING CODE 4910–EX–P
                                                    governmental entities. Motor carriers                                                                          personal information the commenter
                                                    must maintain this information for three                                                                       provides, to www.regulations.gov, as
                                                    years after the date of the accident.                    DEPARTMENT OF TRANSPORTATION                          described in the system of records
                                                    Section 390.15 does not require motor                                                                          notice (DOT/ALL–14 FDMS), which can
                                                    carriers to submit any information or                    Federal Motor Carrier Safety                          be reviewed at www.dot.gov/privacy.
                                                    records to FMCSA or any other party.                     Administration                                        FOR FURTHER INFORMATION CONTACT: Mr.
                                                       This ICR supports the DOT strategic
                                                    goal of safety. By requiring motor                       [Docket No. FMCSA–2007–28043]                         Thomas Yager, Chief, FMCSA Driver
                                                    carriers to gather and record information                                                                      and Carrier Operations Division; Office
                                                                                                             Hours of Service (HOS) of Drivers;                    of Carrier, Driver and Vehicle Safety
                                                    concerning CMV accidents, FMCSA is                       American Pyrotechnics Assn. (APA)
                                                    strengthening its ability to assess the                                                                        Standards; Telephone: 614–942–6477.
                                                                                                             Application for Exemption From the                    Email: MCPSD@dot.gov. If you have
                                                    safety performance of motor carriers.                    14-Hour Rule; Request To Add New
                                                    This information is a valuable resource                                                                        questions on viewing or submitting
                                                                                                             Member to Current APA Exemption                       material to the docket, contact Docket
                                                    in Agency initiatives to prevent, and
                                                    reduce the severity of, CMV crashes.                     AGENCY: Federal Motor Carrier Safety                  Services, telephone (202) 366–9826.
                                                       The Agency increases its burden                       Administration (FMCSA), DOT.                          SUPPLEMENTARY INFORMATION:
                                                    estimate from 26,700 to 36,157 hours.                    ACTION: Notice of final disposition.                  I. Public Participation
                                                    The regulatory requirement has not
                                                    changed for accident recordkeeping.                      SUMMARY:    FMCSA announces its                       Viewing Comments and Documents
                                                    The increase is due to two revised                       decision to grant an exemption to the                    To view comments, as well as
                                                    estimates: (1) The population of motor                   American Pyrotechnics Association’s                   documents mentioned in this preamble
                                                    carriers subject to the regulation, from                 (APA) new member-company, Pyro                        as being available in the docket, go to
                                                    520,000 to 886,122, and (2) the number                   Shows of Alabama, Inc., from the                      www.regulations.gov and insert the
                                                    of reportable accidents, from 89,000 to                  prohibition on driving commercial                     docket number, ‘‘FMCSA–2007–28043’’
                                                    120,522. The Agency has amended the                      motor vehicles (CMVs) after the 14th                  in the ‘‘Keyword’’ box and click
                                                    population of motor carriers to include                  hour after the driver comes on duty.                  ‘‘Search.’’ Next, click ‘‘Open Docket
                                                    the accident recordkeeping burden of                     During the 2016 Independence Day                      Folder’’ button and choose the
                                                    intrastate motor carriers. In past                       period 51 APA members held such an                    document listed to review. If you do not
                                                    estimates, the Agency had taken the                      exemption, effective during the period                have access to the Internet, you may
                                                    position that the accident recordkeeping                 June 28 through July 8 each year                      view the docket online by visiting the
                                                    of intrastate carriers occurred as a result              through 2020. APA advised FMCSA of                    Docket Management Facility in Room
                                                    of State law. However, the OMB has                       the discontinuance of the exemption for               W12–140 on the ground floor of the
                                                    directed FMCSA to include such                           one carrier; with the addition of the new             DOT West Building, 1200 New Jersey
                                                    intrastate activities in its IC estimates,               member the total remains at 51. The                   Avenue SE., Washington, DC 20590,
                                                    so we do so in this burden estimate                      exemption granted to Pyro Shows of                    between 9 a.m. and 5 p.m., e.t., Monday
                                                                                                             Alabama, Inc. will terminate at the same
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                                                    statement for the first time. The Agency                                                                       through Friday, except Federal holidays.
                                                    estimates that 886,122 motor carriers are                time as the other 50 exempted carriers.
                                                    subject to accident register requirements                FMCSA has determined that the terms                   II. Legal Basis
                                                    (508,367 interstate and 377,755                          and conditions of the exemption ensure                   FMCSA has authority under 49 U.S.C.
                                                    intrastate motor carriers). The Agency                   a level of safety equivalent to, or greater           31136(e) and 31315 to grant exemptions
                                                    further estimates that the number of                     than, the level of safety achieved                    from certain parts of the Federal Motor
                                                    accidents that must be reported by                       without the exemption.                                Carrier Safety Regulations. FMCSA must
                                                    intrastate or interstate motor carriers is               DATES: These exemptions from 49 CFR                   publish a notice of each exemption
                                                    120,522.                                                 395.3(a)(2) are effective from June 28                request in the Federal Register (49 CFR


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Document Created: 2017-07-07 02:19:35
Document Modified: 2017-07-07 02:19:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesPlease send your comments by August 7, 2017. OMB must receive your comments by this date to act quickly on the ICR.
ContactMr. Robert F. Schultz, FMCSA Driver and Carrier Operations Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366- 4325. Email: [email protected]
FR Citation82 FR 31682 

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