83_FR_40794 83 FR 40636 - Agency Information Collection Activities; Renewal of Existing Information Collection Request: Commercial Motor Vehicle Marking Requirements

83 FR 40636 - Agency Information Collection Activities; Renewal of Existing Information Collection Request: Commercial Motor Vehicle Marking Requirements

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40636-40637
FR Document2018-17568

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This ICR will enable FMCSA to document the burden associated with the marking regulations in ``Marking of Self-Propelled CMVs and Intermodal Equipment.'' These regulations require marking of vehicles and intermodal equipment by motor carriers and intermodal equipment providers (IEPs) engaging in interstate transportation. The FMCSA requests approval to renew an ICR titled, ``Commercial Motor Vehicle Marking Requirements.''

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40636-40637]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17568]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0091]


Agency Information Collection Activities; Renewal of Existing 
Information Collection Request: Commercial Motor Vehicle Marking 
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, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for review 
and approval. This ICR will enable FMCSA to document the burden 
associated with the marking regulations in ``Marking of Self-Propelled 
CMVs and Intermodal Equipment.'' These regulations require marking of 
vehicles and intermodal equipment by motor carriers and intermodal 
equipment providers (IEPs) engaging in interstate transportation. The 
FMCSA requests approval to renew an ICR titled, ``Commercial Motor 
Vehicle Marking Requirements.''

DATES: Please send your comments by September 14, 2018. OMB must 
receive your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2018-0091. 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 Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to 
[email protected], or 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: Crystal Frederick, Transportation 
Specialist, Compliance Division, Department of Transportation, Federal 
Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-366-2904; 
Email Address: [email protected]. Office hours are from 9 a.m. 
to 5 p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Commercial Motor Vehicle Marking Requirements
    OMB Control Number: 2126-0054.
    Type of Request: Renewal of a currently approved collection.
    Respondents: Freight carrying commercial motor carriers, passenger 
carrying commercial motor carriers and intermodal equipment providers.
    Estimated Number of Respondents: 218,389 motor carriers and IEPs.
    Estimated Time per Response: 26 minutes [12 minutes to affix DOT 
Number + 14 minutes for affixing a carrier's name = 26].
    Expiration Date: August 31, 2018.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 774,249 hours spent by motor 
carriers and IEPs marking CMVs with a DOT number and carrier 
information.
    Background: The Secretary of Transportation (Secretary) is 
authorized to require marking of vehicles and intermodal equipment by 
motor carriers and intermodal equipment providers (IEPs) engaging in 
interstate transportation based on the authority of 49 U.S.C. 
31133(a)(8) and 31133(a)(10). The Secretary has delegated authority 
pertaining to the marking of commercial motor vehicles (CMVs) pursuant 
to 49 CFR 1.87(f). The Agency's regulation governing the marking of 
CMVs is codified at 49 CFR 390.21.
    Vehicle marking requirements are intended to ensure that FMCSA, the 
National Transportation Safety Board (NTSB), and State safety officials 
are able to identify motor carriers and correctly assign responsibility 
for regulatory violations during inspections, investigations, 
compliance reviews, and crash studies. These marking requirements will 
also provide the public with beneficial information that could assist 
in identifying carriers for the purposes of commerce, complaints or 
emergency notification. The marking requirements apply to motor 
carriers and intermodal equipment providers (IEPs) engaging in 
interstate transportation. The Agency does not require a specific 
method of marking as long as the marking complies with FMCSA's 
regulations. The program change decrease of 76,751 estimated annual 
burden hours (774,249 proposed estimated annual burden hours-851,000 
approved estimated annual burden hours) is due to adjustments in 
respondent and response estimates. Data, as of September 29, 2017, 
pulled from FMCSA's MCMIS and SMS databases indicated that there was a 
decrease in the number of active interstate freight carriers and 
intrastate hazardous materials carriers and a decrease in the number of 
power units subject to Component 1 marking requirements, resulting in a 
decrease of 94,799 burden hours. According to the September 29, 2017 
snapshot, there was a decrease in the number of passenger carriers 
impacted and an increase in the number of passenger-carrying power 
units impacted by Component 2, resulting in an increase of 17,947 
burden hours. Finally, greater precision was used in calculating the 
number of respondents, responses associated with Component 3, resulting 
in an increase of 101 burden hours.
    Two comments were submitted to the docket during the 60-day comment 
period, in response to the 60-day Federal Register, 83(17885), 
published on April 24, 2018. One comment was received from Greyhound 
Lines, Inc. (Greyhound) and the other from Owner-Operator Independent 
Drivers Association (OOIDA). Greyhound's comment, however, addresses 
another ICR open during the same time period, ``Leasing and Interchange 
of Vehicles,'' and not the Markings ICR. The comment submitted by 
Greyhound will thus be addressed in the Leasing ICR response. The other 
comment submitted by OOIDA raised two points. The first issue raised 
deals with the phrasing of the associated regulation, part 390. OOIDA 
asserts that current wording of the part does not permit certain 
leasing situations. FMCSA notes that an ICR is not the venue for 
regulatory change, even if the regulation is related to the subject 
matter covered in the ICR. The second claim made by OOIDA is that the 
aforementioned regulation does nothing to improve safety. As we stated 
in the 2015 final rule the marking requirement enables ``investigators 
and the general public to identify the passenger carrier responsible 
for safety'' (80 FR 30164, 30166). Given these considerations FMCSA 
does not believe changes to the ICR are appropriate based on these 
comments.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the FMCSA to perform its

[[Page 40637]]

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 August 3, 
2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2018-17568 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               40636                      Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

                                                 Issued on: August 8, 2018.                            FOR FURTHER INFORMATION CONTACT:                      FMCSA’s regulations. The program
                                               Larry W. Minor,                                         Crystal Frederick, Transportation                     change decrease of 76,751 estimated
                                               Associate Administrator for Policy.                     Specialist, Compliance Division,                      annual burden hours (774,249 proposed
                                               [FR Doc. 2018–17602 Filed 8–14–18; 8:45 am]             Department of Transportation, Federal                 estimated annual burden hours–851,000
                                               BILLING CODE 4910–EX–P
                                                                                                       Motor Carrier Safety Administration,                  approved estimated annual burden
                                                                                                       6th Floor, West Building, 1200 New                    hours) is due to adjustments in
                                                                                                       Jersey Avenue SE, Washington, DC                      respondent and response estimates.
                                               DEPARTMENT OF TRANSPORTATION                            20590–0001. Telephone: 202–366–2904;                  Data, as of September 29, 2017, pulled
                                                                                                       Email Address: crystal.frederick@                     from FMCSA’s MCMIS and SMS
                                               Federal Motor Carrier Safety                            dot.gov. Office hours are from 9 a.m. to              databases indicated that there was a
                                               Administration                                          5 p.m., Monday through Friday, except                 decrease in the number of active
                                                                                                       Federal Holidays.                                     interstate freight carriers and intrastate
                                               [Docket No. FMCSA–2018–0091]                            SUPPLEMENTARY INFORMATION:                            hazardous materials carriers and a
                                                                                                          Title: Commercial Motor Vehicle                    decrease in the number of power units
                                               Agency Information Collection                           Marking Requirements                                  subject to Component 1 marking
                                               Activities; Renewal of Existing                            OMB Control Number: 2126–0054.                     requirements, resulting in a decrease of
                                               Information Collection Request:                            Type of Request: Renewal of a                      94,799 burden hours. According to the
                                               Commercial Motor Vehicle Marking                        currently approved collection.                        September 29, 2017 snapshot, there was
                                               Requirements                                               Respondents: Freight carrying                      a decrease in the number of passenger
                                                                                                       commercial motor carriers, passenger                  carriers impacted and an increase in the
                                               AGENCY: Federal Motor Carrier Safety                                                                          number of passenger-carrying power
                                               Administration (FMCSA), DOT.                            carrying commercial motor carriers and
                                                                                                       intermodal equipment providers.                       units impacted by Component 2,
                                               ACTION: Notice and request for
                                                                                                          Estimated Number of Respondents:                   resulting in an increase of 17,947
                                               comments.                                               218,389 motor carriers and IEPs.                      burden hours. Finally, greater precision
                                                                                                          Estimated Time per Response: 26                    was used in calculating the number of
                                               SUMMARY:   In accordance with the                                                                             respondents, responses associated with
                                               Paperwork Reduction Act of 1995,                        minutes [12 minutes to affix DOT
                                                                                                                                                             Component 3, resulting in an increase of
                                               FMCSA announces its plan to submit                      Number + 14 minutes for affixing a
                                                                                                                                                             101 burden hours.
                                               the Information Collection Request (ICR)                carrier’s name = 26].                                    Two comments were submitted to the
                                               described below to the Office of                           Expiration Date: August 31, 2018.                  docket during the 60-day comment
                                               Management and Budget (OMB) for                            Frequency of Response: On occasion.                period, in response to the 60-day
                                               review and approval. This ICR will                         Estimated Total Annual Burden:                     Federal Register, 83(17885), published
                                               enable FMCSA to document the burden                     774,249 hours spent by motor carriers                 on April 24, 2018. One comment was
                                               associated with the marking regulations                 and IEPs marking CMVs with a DOT                      received from Greyhound Lines, Inc.
                                               in ‘‘Marking of Self-Propelled CMVs and                 number and carrier information.                       (Greyhound) and the other from Owner-
                                               Intermodal Equipment.’’ These                              Background: The Secretary of                       Operator Independent Drivers
                                               regulations require marking of vehicles                 Transportation (Secretary) is authorized              Association (OOIDA). Greyhound’s
                                               and intermodal equipment by motor                       to require marking of vehicles and                    comment, however, addresses another
                                               carriers and intermodal equipment                       intermodal equipment by motor carriers                ICR open during the same time period,
                                               providers (IEPs) engaging in interstate                 and intermodal equipment providers                    ‘‘Leasing and Interchange of Vehicles,’’
                                               transportation. The FMCSA requests                      (IEPs) engaging in interstate                         and not the Markings ICR. The comment
                                               approval to renew an ICR titled,                        transportation based on the authority of              submitted by Greyhound will thus be
                                               ‘‘Commercial Motor Vehicle Marking                      49 U.S.C. 31133(a)(8) and 31133(a)(10).               addressed in the Leasing ICR response.
                                               Requirements.’’                                         The Secretary has delegated authority                 The other comment submitted by
                                                                                                       pertaining to the marking of commercial               OOIDA raised two points. The first issue
                                               DATES:  Please send your comments by                    motor vehicles (CMVs) pursuant to 49                  raised deals with the phrasing of the
                                               September 14, 2018. OMB must receive                    CFR 1.87(f). The Agency’s regulation                  associated regulation, part 390. OOIDA
                                               your comments by this date in order to                  governing the marking of CMVs is                      asserts that current wording of the part
                                               act quickly on the ICR.                                 codified at 49 CFR 390.21.                            does not permit certain leasing
                                               ADDRESSES: All comments should                             Vehicle marking requirements are                   situations. FMCSA notes that an ICR is
                                               reference Federal Docket Management                     intended to ensure that FMCSA, the                    not the venue for regulatory change,
                                               System (FDMS) Docket Number                             National Transportation Safety Board                  even if the regulation is related to the
                                               FMCSA–2018–0091. Interested persons                     (NTSB), and State safety officials are                subject matter covered in the ICR. The
                                               are invited to submit written comments                  able to identify motor carriers and                   second claim made by OOIDA is that
                                               on the proposed information collection                  correctly assign responsibility for                   the aforementioned regulation does
                                               to the Office of Information and                        regulatory violations during inspections,             nothing to improve safety. As we stated
                                               Regulatory Affairs, Office of                           investigations, compliance reviews, and               in the 2015 final rule the marking
                                               Management and Budget. Comments                         crash studies. These marking                          requirement enables ‘‘investigators and
                                               should be addressed to the attention of                 requirements will also provide the                    the general public to identify the
                                               the Desk Officer, Department of                         public with beneficial information that               passenger carrier responsible for safety’’
                                               Transportation/Federal Motor Carrier                    could assist in identifying carriers for              (80 FR 30164, 30166). Given these
                                               Safety Administration, and sent via                     the purposes of commerce, complaints                  considerations FMCSA does not believe
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                                               electronic mail to oira_submission@                     or emergency notification. The marking                changes to the ICR are appropriate based
                                               omb.eop.gov, or faxed to (202) 395–                     requirements apply to motor carriers                  on these comments.
                                               6974, or mailed to the Office of                        and intermodal equipment providers                       Public Comments Invited: You are
                                               Information and Regulatory Affairs,                     (IEPs) engaging in interstate                         asked to comment on any aspect of this
                                               Office of Management and Budget,                        transportation. The Agency does not                   information collection, including: (1)
                                               Docket Library, Room 10102, 725 17th                    require a specific method of marking as               Whether the proposed collection is
                                               Street NW, Washington, DC 20503.                        long as the marking complies with                     necessary for the FMCSA to perform its


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                                                                          Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices                                                   40637

                                               functions; (2) the accuracy of the                      comments, go to http://                               commerce. [Appendix A to Part 391—
                                               estimated burden; (3) ways for the                      www.regulations.gov and/or Room                       Medical Advisory Criteria, section D,
                                               FMCSA to enhance the quality,                           W12–140 on the ground level of the                    paragraph 4]. The advisory criteria for
                                               usefulness, and clarity of the collected                West Building, 1200 New Jersey Avenue                 49 CFR 391.41(b)(4) indicates that
                                               information; and (4) ways that the                      SE, Washington, DC, between 9 a.m. and                coronary artery bypass surgery and
                                               burden could be minimized without                       5 p.m., e.t., Monday through Friday,                  pacemaker implantation are remedial
                                               reducing the quality of the collected                   except Federal holidays.                              procedures and thus, not medically
                                               information.                                               Privacy Act: In accordance with 5                  disqualifying. Implantable cardioverter
                                                 Issued under the authority delegated in 49            U.S.C. 553(c), DOT solicits comments                  defibrillators are disqualifying due to
                                               CFR 1.87 on August 3, 2018.                             from the public to better inform its                  risk of syncope.
                                               G. Kelly Regal,                                         rulemaking process. DOT posts these
                                                                                                       comments, without edit, including any                 III. Discussion of Comments
                                               Associate Administrator for Office of
                                               Research and Information Technology.                    personal information the commenter                       FMCSA received one comment in this
                                               [FR Doc. 2018–17568 Filed 8–14–18; 8:45 am]
                                                                                                       provides, to http://www.regulations.gov,              proceeding from an individual who is in
                                                                                                       as described in the system of records                 favor of any ICD treated individual who
                                               BILLING CODE 4910–EX–P
                                                                                                       notice (DOT/ALL–14 FDMS), which can                   has not had any issues for six months,
                                                                                                       be reviewed at http://www.dot.gov/                    and who has clearance from their
                                               DEPARTMENT OF TRANSPORTATION                            privacy.                                              cardiologist, being allowed to drive a
                                                                                                       II. Background                                        CMV. FMCSA acknowledges the
                                               Federal Motor Carrier Safety                                                                                  commenters’ responses concerning
                                               Administration                                             On January 31, 2018, FMCSA                         stable medical histories with ICDs.
                                                                                                       published a FR notice (83 FR 4545)                    Based on the available medical
                                               [Docket No. FMCSA–2017–0326]                            announcing receipt of applications from               literature cited above, FMCSA believes
                                                                                                       seven individuals treated with ICDs and               that a driver with an ICD is at risk for
                                               Qualification of Drivers; Exemption                     requested comments from the public.
                                               Applications; Implantable Cardioverter                                                                        incapacitation if the device discharges.
                                                                                                       These seven individuals requested an                  This risk is combined with the risks
                                               Defibrillator (ICD)                                     exemption from 49 CFR 391.41(b)(4)                    associated with the underlying
                                               AGENCY: Federal Motor Carrier Safety                    which prohibits operation of a CMV in                 cardiovascular condition for which the
                                               Administration (FMCSA), DOT.                            interstate commerce by persons with a                 ICD has been implanted as a primary or
                                               ACTION: Notice of denials.                              current clinical diagnosis of myocardial              secondary preventive measure.
                                                                                                       infarction, angina pectoris, coronary
                                               SUMMARY:   FMCSA announces its                          insufficiency, thrombosis, or any other               IV. Basis for Exemption Determination
                                               decision to deny applications from                      cardiovascular disease of a variety                      Under 49 U.S.C. 31136(e) and 31315,
                                               seven individuals treated with                          known to be accompanied by syncope,                   FMCSA may grant an exemption if it
                                               Implantable Cardioverter Defibrillators                 dyspnea, collapse, or congestive heart                finds such an exemption would likely
                                               (ICDs) who requested an exemption                       failure. The public comment period                    achieve a level of safety that is
                                               from the Federal Motor Carrier Safety                   closed on May 2, 2018 and one                         equivalent to, or greater then, the level
                                               Regulations (FMCSRs) prohibiting                        comment was received.                                 that would be achieved absent such an
                                               operation of a commercial motor vehicle                    FMCSA has evaluated the eligibility                exemption.
                                               (CMV) in interstate commerce by                         of these applicants and concluded that                   The Agency’s decision regarding these
                                               persons with a current clinical diagnosis               granting these exemptions would not                   exemption applications is based on an
                                               of myocardial infarction, angina                        provide a level of safety that would be               individualized assessment of each
                                               pectoris, coronary insufficiency,                       equivalent to or greater than, the level              applicant’s medical information
                                               thrombosis, or any other cardiovascular                 of safety that would be obtained by                   provided by the applicant, available
                                               disease of a variety known to be                        complying with the regulation 49 CFR                  medical and scientific data concerning
                                               accompanied by syncope, dyspnea,                        391.41(b)(4). A summary of each                       ICD’s, and public comments received.
                                               collapse, or congestive heart failure.                  applicant’s medical history related to                   In the case of persons with ICDs, the
                                               FOR FURTHER INFORMATION CONTACT: Ms.                    their ICD exemption request was                       underlying condition for which the ICD
                                               Christine A. Hydock, Chief, Medical                     discussed in the March 2, 2018, Federal               was implanted places the individual at
                                               Programs Division, (202) 366–4001,                      Register notice and will not be repeated              high risk for syncope (a transient loss of
                                               fmcsamedical@dot.gov, FMCSA,                            in this notice.                                       consciousness) or other unpredictable
                                               Department of Transportation, 1200                         In reaching the decision to deny these             events known to result in gradual or
                                               New Jersey Avenue SE, Room W64–224,                     exemption requests, the Agency                        sudden incapacitation. ICDs may
                                               Washington, DC 20590–0001. Office                       considered information from the                       discharge, which could result in loss of
                                               hours are from 8:30 a.m. to 5 p.m., e.t.,               Cardiovascular Medical Advisory                       ability to safely control a CMV. See the
                                               Monday through Friday, except Federal                   Criteria, the April 2007 Evidence Report              April 2007 Evidence Report on
                                               holidays. If you have questions                         ‘‘Cardiovascular Disease and                          Cardiovascular Disease and Commercial
                                               regarding viewing or submitting                         Commercial Motor Vehicle Driver                       Motor vehicle Driver Safety, April
                                               material to the docket, contact Docket                  Safety, and a December 2014 focused                   2007.1 A focused research report on
                                               Services, telephone (202) 366–9826.                     research report ‘‘Implantable                         Implantable Cardioverter Defibrillators
                                               SUPPLEMENTARY INFORMATION:                              Cardioverter Defibrillators and the                   and the Impact of a Shock on a Patient
                                                                                                       Impact of a Shock in a Patient When                   When Deployed completed for the
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                                               I. Electronic Access                                    Deployed.’’ Copies of the reports are                 FMCSA December 2014 indicates that
                                                  You may see all the comments online                  included in the docket.                               the available scientific data on persons
                                               through the Federal Document                               FMCSA has published advisory                       with ICDs and CMV driving does not
                                               Management System (FDMS) at: http://                    criteria to assist medical examiners in               support that persons with ICDs who
                                               www.regulations.gov.                                    determining whether drivers with
                                                  Docket: For access to the docket to                  certain medical conditions are qualified                1 Now available at http://ntl.bts.gov/lib/30000/

                                               read background documents or                            to operate a CMV in interstate                        30100/30123/Final_CVD_Evidence_Report_v2.pdf.



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Document Created: 2018-08-15 01:25:29
Document Modified: 2018-08-15 01:25:29
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 September 14, 2018. OMB must receive your comments by this date in order to act quickly on the ICR.
ContactCrystal Frederick, Transportation Specialist, Compliance Division, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-366-2904;
FR Citation83 FR 40636 

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