83 FR 4540 - Agency Information Collection Activities; Approval of a New Information Collection Request: National Consumer Complaint Database

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 21 (January 31, 2018)

Page Range		4540-4543
FR Document		2018-01941

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 and invites public comment. This new collection of information is for the National Consumer Complaint Database (NCCDB), which is an online interface allowing consumers, drivers and others to file complaints against unsafe and unscrupulous motor carriers and/or their employees. The NCCDB also allows complaints to be filed about shippers, receivers and transportation intermediaries. Complaints cover a wide range of issues, including but not limited to safety, driver harassment, coercion, movement of household goods (HHG), financial responsibility instruments for brokers and freight forwarders, and Americans with Disabilities Act (ADA) complaints.

Federal Register, Volume 83 Issue 21 (Wednesday, January 31, 2018)

[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4540-4543]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01941]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0407]


Agency Information Collection Activities; Approval of a New 
Information Collection Request: National Consumer Complaint Database

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

[[Page 4541]]


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 and invites public comment. This new collection of 
information is for the National Consumer Complaint Database (NCCDB), 
which is an online interface allowing consumers, drivers and others to 
file complaints against unsafe and unscrupulous motor carriers and/or 
their employees. The NCCDB also allows complaints to be filed about 
shippers, receivers and transportation intermediaries. Complaints cover 
a wide range of issues, including but not limited to safety, driver 
harassment, coercion, movement of household goods (HHG), financial 
responsibility instruments for brokers and freight forwarders, and 
Americans with Disabilities Act (ADA) complaints.

DATES: Please send your comments by March 2, 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-2016-0407. 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: James Dubose, Department of 
Transportation, Federal Motor Carrier Safety Administration, 6th Floor, 
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
Telephone: (215) 656-7259; Email: [email protected]. Office hours 
are from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays.

SUPPLEMENTARY INFORMATION: 

Federal Register Notice and Summary of Public Comment Received

    On November 29, 2016, FMCSA published a notice in the Federal 
Register announcing a new Information Collection Request (ICR) 
pertaining to the National Consumer Complaint Database (NCCDB). 81 FR 
86068 (November 29 Notice). FMCSA sought public comment on the ICR, 
including (1) input on whether the proposed collection is necessary to 
support the agency's mission, (2) comments on the accuracy of the 
agency's burden estimates, (3) suggestions for improving the quality, 
utility and clarity of the collected information and (4) ideas on how 
the agency can minimize the collection burden without sacrificing the 
usefulness of the collected information.
    On January 30, 2017, the Owner Operator Independent Drivers 
Association, Inc. filed a comment (OOIDA Comments) in response to the 
November 29 Notice.\1\ In its comments, OOIDA acknowledged that ``the 
ICR is necessary for the Agency to perform its mission. . . .'' OOIDA 
Comments, at 1. However, OOIDA indicated that FMCSA ``must enhance the 
quality of the collected information, and thereby improve the 
effectiveness of the NCCDB, by addressing (1) the overall 
administration of the program, (2) the name of the program, and (3) the 
inefficiencies of the online portal.'' Id. Moreover, OOIDA raised 
concerns about the agency's response to complaints, follow-up with 
drivers after the filing of complaints and consistency and efficiency 
in complaint handling. Id. at 1-2. Finally, while OOIDA understood that 
estimates associated with coercion complaints could not be included in 
this ICR, it indicated that it ``is aware of coercion complaints 
submitted to the NCCDB and recommends the Agency work quickly to 
include such data in future renewals for the NCCDB.'' Id. at 9.
---------------------------------------------------------------------------

    \1\ Comments of the Owner Operator Independent Drivers 
Association, Inc.; In Response to an Agency Information Collection 
Request; National Consumer Complaint Database. No other comments 
have been filed in the docket.
---------------------------------------------------------------------------

    More specifically, OOIDA's comment consists of the following 
sections: (A) Coercion complaint example, (B) Confirmation and tracking 
must be provided, (C) NCCDB Name, (D) The inefficiencies of the online 
portal and (E) Other Concerns. Id. at 2-9. FMCSA will address each 
section of OOIDA's comments and provide its response.

A. Coercion Complaint Example

    OOIDA provided an example of a coercion \2\ complaint which was 
entered into the NCCDB by a member of their association. Id. at 2-3. In 
its comments, OOIDA raised concerns with FMCSA's processing of the 
complaint. It indicated that ``the Agency lacks the proper mechanisms 
to accurately track the status of a complaint, and second, that the 
Agency lacks appropriate measures to ensure that a vacant position does 
not lead to the improper management of a filed complaint.'' Id. at 3. 
FMCSA agrees with OOIDA that complaints need to be tracked and that 
complaints must be properly handled despite any staffing issues. In 
this particular situation, FMCSA determined that the tracking issues 
resulted from the complainant's initial filing of the complaint. To 
address the initial concern from OOIDA, FMCSA manually updated the 
NCCDB to include the coercion complaint. Ultimately, an FMCSA field 
office addressed the complaint.
---------------------------------------------------------------------------

    \2\ The Coercion rule prohibits motor carriers, shippers, 
receivers, or transportation intermediaries or their respective 
agents, officers or representatives from threatening drivers with 
loss of work or other adverse employment actions or taking action to 
punish drivers for refusing to operate a commercial motor vehicle in 
violation of certain provisions of the Federal Motor Carrier Safety 
Regulations, Hazardous Materials Regulations, and Federal Motor 
Carrier Commercial Regulations. 80 FR 74695 (Nov. 30, 2015).
---------------------------------------------------------------------------

B. Confirmation and Tracking Must Be Provided

    In its comments, OOIDA indicates that ``[o]ften times, driver do 
not receive a tracking number and are unaware of the status of their 
grievances.'' Id. at 3. OOIDA argues that ``[t]he Agency should provide 
a confirmation that the complaint has been accepted as well as a 
specific tracking number or other case identifier to assist with 
follow-up.'' Id. at 4.
    FMCSA has resolved OOIDA's concerns. Once a complaint is submitted, 
the system will assign and display the Complaint Identification Number 
and provide an option to print the complaint.

C. NCCDB Name

    OOIDA indicates that the term ``National Consumer Complaint 
Database'' is causing confusion about the types of complaints that can 
be filed. OOIDA argues that the title does not support the Agency's 
safety mandate. Id. at 4-5. OOIDA submits that FMCSA can improve its 
outreach to drivers about the NCCDB to make ``sure they are aware that 
the NCCDB is a beneficial tool that can promote safety and eliminate 
bad actors from the industry. OOIDA would look forward to working with 
and helping the Agency achieve this objective.'' Id. at 5.
    FMCSA is open to considering a name change for the complaint 
database. Given that many stakeholders file

[[Page 4542]]

complaints, such a name would need to cover complaints from all 
stakeholders. FMCSA looks forward to working with OOIDA on outreach to 
drivers about the NCCDB.

D. The Inefficiencies of the Online Portal

    OOIDA provides recommendations for modifications to the NCCDB 
online portal. According to OOIDA, ``[t]hese changes would improve the 
portal's efficiency and the overall experience for the user.'' Id. at 
5.

Sequence of Information

    OOIDA states a typical OOIDA member would select the category of 
``Driver'' to file a complaint on the NCCDB home page. OOIDA also 
states the home page does not clarify the heading of ``Truck 
Complaint'' or its category for ``Truck Safety.'' OOIDA states a driver 
could follow the prompts and spend considerable time typing an incident 
description to discover they did not select the correct category. This 
could result in a driver giving up on the complaint filing process. Id. 
at 5-6.
    FMCSA acknowledges OOIDA's concern and will work to improve future 
releases of the NCCDB system to address the issue.

Knowledge of DOT Number

    OOIDA states that it is problematic for a driver to know the USDOT 
number of a motor carrier when attempting to file a complaint. It 
states that if the individual does not know the USDOT number of the 
entity he/she is filing against, the next step may be to enter the 
Company Information. OOIDA explains that upon completing the relevant 
information, the logical step would be to click the ``NEXT'' button. 
However, it states the required action is to click ``Add Company'' and 
suggests this sequence implies that a driver enter another company. 
OOIDA recommends changing this language to ``Select this Company'' or 
``Use This Company Information'' as the next logical step. OOIDA 
further suggests that the heading ``Complaint on Carrier(s)'' be 
changed to ``Company You Have Entered'' or some similar language. Id. 
at 6.
    FMCSA acknowledges the proposed amendments to the language and 
agrees with the recommendations. FMCSA will work with OOIDA on its 
suggestions and make the changes referenced above in a future release 
of the NCCDB.

Lack of Consistent Language

    OOIDA states the language in the NCCDB is inconsistent in the 
complaint filing process. At one step, the term ``Company Information'' 
is used; however, in the next step, the term ``Complaint on 
Carrier(s)'' is used. Id. at 6. According to OOIDA, since complaints 
could also involve brokers, the term ``Company Information'' is the 
most appropriate choice. Id. at 6-7.
    FMCSA looks forward to working with OOIDA on its suggestions and 
will incorporate this recommendation in a future release of the 
website.

Selecting the Company

    OOIDA points out a number of issues associated with a complainant 
searching the NCCDB by USDOT number. In particular, OOIDA points out 
that redundant information appears after a complainant clicks on the 
``Select'' option after the search result appears. OOIDA recommends 
that the heading ``You Have Selected'' followed by the company name and 
associated information be substituted for the redundant information. 
Id. At 7.
    FMCSA accepts this recommendation and will incorporate in a future 
release of the NCCDB. The Agency is also committed to working with 
OOIDA on other concerns it raises in this portion of its comments.

Acceptable Media Files

    While OOIDA notes that the NCCDB permits ``a variety of file types 
to be uploaded, it is missing critical file types such as MP4 video.'' 
Id. at 7. Moreover, OOIDA raises a concern that FMCSA's 10-megabyte 
file size limit is too low. According to OOIDA, ``[u]sing common smart 
phones, OOIDA staff found that a video would exceed 10 megabytes after 
only 6 seconds of footage.'' Id. at 8.
    FMCSA has updated its capabilities to accommodate up to 20-megabyte 
file sizes and video formats that are compatible with NCCDB software.

Back Button Warning

    OOIDA notes that a ``Back Button Warning'' should be displayed when 
individuals file complaints in the NCCDB. Presently, when the back 
button is used, it returns the filer to the home page and the 
individual must reenter their complaint. Id.
    FMCSA accepts OOIDA's suggestion to include a ``Back Button 
Warning'' and will include this change in a future release of the 
NCCDB.

Conditional Logic is Needed

    OOIDA indicates that when a complaint is being entered, the NCCDB 
should not allow the complainant to continue in the online process if 
any fields remain blank. A process such as this would have notified 
their member to complete the online process for a successful submission 
of the complaint. Id. FMCSA acknowledges OOIDA's comments and 
implemented updates to the NCCDB that corrects this issue.

Ample Time

    OOIDA states that one of the NCCDB's stronger points is the ample 
time allowed before a user is automatically logged out of a session 
when there is a pause in data input. Id. at 8.
    FMCSA will continue to maintain the current login time for entering 
complaints.

E. Other Concerns

    OOIDA expresses concern that the ICR states, ``[t]here is no 
complaint history for the recently added coercion and harassment 
complaint categories, or for complaints regarding financial 
responsibility instruments for brokers and/or freight forwarders.'' Id. 
at 9. In response to the Agency's statement in the November 29 Notice 
that ``[t]his data will be collected and included in future renewals 
for the NCCDB,'' 81 FR at 86069, OOIDA indicates that it ``recommends 
the Agency work quickly to include such data in future renewals for the 
NCCDB.''
    FMCSA did not have data to provide in the November 29 Notice. The 
coercion, harassment, and the financial responsibility categories were, 
at that time, only recently added. However, in Fiscal Year 2016, 
complainants filed complaints in the NCCDB as follows: 362 financial 
responsibility; 96 harassment; and 224 coercion. This 2016 data is 
included in the cost calculation.

Background

    The FMCSA maintains online information and resources to assist 
drivers, others in the motor carrier industry and members of the public 
in filing safety complaints regarding HHG carriers, hazardous materials 
(HM) carriers, property carriers, cargo tank facilities, and passenger 
carriers. There is also information pertaining to the filing of 
complaints regarding brokers, freight forwarders, and financial 
responsibility. Finally, there is information regarding consumer 
complaints, particularly regarding HHG transportation and ADA 
compliance. This online interface is known as the NCCDB. When 
effectively applied, the NCCDB can contribute to safer motor carrier 
operations on our nation's highways and improved consumer protection.
    The NCCDB grew out of a telephone hotline known as the Safety 
Violation Hotline Service. Congress mandated this hotline in Section 
4017 of the ``Transportation Equity Act of the 21st

[[Page 4543]]

Century,'' Public Law 105-178, 112 Stat. 107, June 9, 1998. The Motor 
Carrier Safety Improvement Act of 1999, Public Law 106-159, 113 Stat. 
1748, December 9, 1999, created the FMCSA and section 213 of the Act 
expanded the Safety Violation Hotline Service to include a 24-hour 
operation. On August 10, 2005, Congress enacted the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act: A Legacy for Users, 
(SAFETEA-LU), Public Law 109-59, 119 Stat. 1144. Section 4214 of 
SAFETEA-LU requires DOT to create a system to record and log aggregate 
complaint information regarding violations of the Federal Motor Carrier 
Safety Regulations.
    The NCCDB fulfills the requirements of these mandates. Complaints 
will be accepted through the NCCDB in connection with other statutory 
mandates, including, but not limited to, protection of drivers against 
harassment and coercion under sections 32301(b) and 32911, 
respectively, of the Moving Ahead for Progress in the 21st Century Act, 
Public Law 112-141, 126 Stat. 405. The NCCDB will also accept 
complaints from interested parties regarding third party intermediaries 
(brokers and freight forwarders) and their associated financial 
responsibility instruments.
    Title: National Consumer Complaint Database OMB Control Number: 
2126-NEW.
    Type of Request: New information collection.
    Respondents: Consumers, Drivers, and Others, Participants in the 
Motor Carrier Industry.
    Estimated Number of Respondents: 12,165 respondents [8,030 Moving 
Complaint respondents + 3,449 Truck Complaint respondents + 685 Bus 
Complaint respondents].
    Estimated Time per Response: 15 Minutes.
    Expiration Date: N/A. This is a new information collection.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 3,041 hours [8,030 Moving Complaint 
respondents x 15 minutes = 2,008 hours; 3,449 Truck Complaint 
respondents x 15 minutes = 863 hours; 685 Bus Complaint respondents x 
15 minutes = 171 hours].

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 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: January 
23, 2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2018-01941 Filed 1-30-18; 8:45 am]
BILLING CODE 4910-EX-P

4540 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices

as described in the system of records Agency’s Medical Expert Panel (MEP). two-year exemption period; (2) each
notice (DOT/ALL–14 FDMS), which can The January 15, 2013, Federal Register driver must submit annual reports from
be reviewed at http://www.dot.gov/ notice (78 FR 3069) provides the current their treating physicians attesting to the
privacy. MEP recommendations which is the stability of treatment and that the driver
criteria the Agency uses to grant seizure has remained seizure-free; (3) each
II. Background exemptions. driver must undergo an annual medical
On November 27, 2017, FMCSA The Agency’s decision regarding these examination by a certified Medical
published a notice announcing receipt exemption applications is based on an Examiner, as defined by 49 CFR 390.5;
of applications from two individuals individualized assessment of each and (4) each driver must provide a copy
requesting an exemption from the applicant’s medical information, of the annual medical certification to
epilepsy and seizure disorders including the root cause of the the employer for retention in the
prohibition in 49 CFR 391.41(b)(8) and respective seizure(s) and medical driver’s qualification file, or keep a copy
requested comments from the public 82 information about the applicant’s of his/her driver’s qualification file if
FR 56108. The public comment period seizure history, the length of time that he/she is self-employed. The driver
ended on December 27, 2017, and zero has elapsed since the individual’s last must also have a copy of the exemption
comments were received. seizure, the stability of each individual’s when driving, for presentation to a duly
FMCSA has evaluated the eligibility treatment regimen and the duration of authorized Federal, State, or local
of these applicants and determined that time on or off of anti-seizure enforcement official.
granting exemptions to these medication. In addition, the Agency
reviewed the treating clinician’s VI. Preemption
individuals would achieve a level of
safety equivalent to or greater than the medical opinion related to the ability of During the period the exemption is in
level that would be achieved by the driver to safely operate a CMV with effect, no State shall enforce any law or
complying with the current regulation a history of seizure and each applicant’s regulation that conflicts with this
49 CFR 391.41(b)(8). driving record found in the Commercial exemption with respect to a person
The physical qualification standard Driver’s License Information System operating under the exemption.
for drivers regarding epilepsy found in (CDLIS) for commercial driver’s license VII. Conclusion
49 CFR 391.41(b)(8) states that a person (CDL) holders, and interstate and
is physically qualified to drive a CMV intrastate inspections recorded in the Based upon its evaluation of the two
if that person has no established Motor Carrier Management Information exemption applications, FMCSA
medical history or clinical diagnosis of System (MCMIS). For non-CDL holders, exempts the following drivers from the
epilepsy or any other condition which the Agency reviewed the driving records epilepsy and seizure disorder
is likely to cause the loss of from the State Driver’s Licensing prohibition, 49 CFR 391.41(b)(8), subject
consciousness or any loss of ability to Agency (SDLA). A summary of each to the requirements cited above: David
control a CMV. applicant’s seizure history was W. Pamperin (WI); Sury L. Seijas (CT).
In addition to the regulations, FMCSA discussed in the November 27, 2017 In accordance with 49 U.S.C.
has published advisory criteria 1 to Federal Register notice 82 FR 56108 31315(b)(1), each exemption will be
assist medical examiners in determining and will not be repeated in this notice. valid for two years from the effective
whether drivers with certain medical These two applicants have been date unless revoked earlier by FMCSA.
conditions are qualified to operate a seizure-free over a range of 11 years The exemption will be revoked if the
CMV in interstate commerce. [49 CFR while taking anti-seizure medication following occurs: (1) The person fails to
part 391, APPENDIX A TO PART 391— and maintained a stable medication comply with the terms and conditions
MEDICAL ADVISORY CRITERIA, treatment regimen for the last two years. of the exemption; (2) the exemption has
section H. Epilepsy: § 391.41(b)(8), In each case, the applicant’s treating resulted in a lower level of safety than
paragraphs 3, 4, and 5.] physician verified his or her seizure was maintained prior to being granted;
history and supports the ability to drive or (3) continuation of the exemption
III. Discussion of Comments commercially. would not be consistent with the goals
FMCSA received zero comments in The Agency acknowledges the and objectives of 49 U.S.C. 31136 and
this proceeding. potential consequences of a driver 31315.
experiencing a seizure while operating a Issued on: January 19, 2018.
IV. Basis for Exemption Determination
CMV. However, the Agency believes the Larry W. Minor,
Under 49 U.S.C. 31136(e) and drivers granted this exemption have Associate Administrator for Policy.
31315(b), FMCSA may grant an demonstrated that they are unlikely to [FR Doc. 2018–01933 Filed 1–30–18; 8:45 am]
exemption from the epilepsy and have a seizure and their medical BILLING CODE 4910–EX–P
seizure disorder prohibition in 49 CFR condition does not pose a risk to public
391.41(b)(8) if the exemption is likely to safety.
achieve an equivalent or greater level of Consequently, FMCSA finds that in DEPARTMENT OF TRANSPORTATION
safety than would be achieved without each case exempting these applicants
the exemption. The exemption allows from the epilepsy and seizure disorder Federal Motor Carrier Safety
the applicants to operate CMVs in prohibition in 49 CFR 391.41(b)(8) is Administration
interstate commerce. likely to achieve a level of safety equal
In reaching the decision to grant these [Docket No. FMCSA–2016–0407]
to that existing without the exemption.
sradovich on DSK3GMQ082PROD with NOTICES

exemption requests, FMCSA considered Agency Information Collection
the 2007 recommendations of the V. Conditions and Requirements
Activities; Approval of a New
The terms and conditions of the
Information Collection Request:
1 See http://www.ecfr.gov/cgi-bin/text- exemption are provided to the
idx?SID=e47b48a9ea42dd67d999246e23 National Consumer Complaint
applicants in the exemption document
d97970&mc=true&node=pt49.5.391&rgn=div5# Database
ap49.5.391_171.a and https://www.gpo.gov/fdsys/
and includes the following: (1) Each
pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49- driver must remain seizure-free and AGENCY:Federal Motor Carrier Safety
vol5-part391-appA.pdf. maintain a stable treatment during the Administration (FMCSA), DOT.

VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1

Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4541

Notice and request for
ACTION: Register announcing a new Information into the NCCDB by a member of their
comments. Collection Request (ICR) pertaining to association. Id. at 2–3. In its comments,
the National Consumer Complaint OOIDA raised concerns with FMCSA’s
SUMMARY: In accordance with the Database (NCCDB). 81 FR 86068 processing of the complaint. It indicated
Paperwork Reduction Act of 1995, (November 29 Notice). FMCSA sought that ‘‘the Agency lacks the proper
FMCSA announces its plan to submit public comment on the ICR, including mechanisms to accurately track the
the Information Collection Request (ICR) (1) input on whether the proposed status of a complaint, and second, that
described below to the Office of collection is necessary to support the the Agency lacks appropriate measures
Management and Budget (OMB) for agency’s mission, (2) comments on the to ensure that a vacant position does not
review and approval and invites public accuracy of the agency’s burden lead to the improper management of a
comment. This new collection of estimates, (3) suggestions for improving filed complaint.’’ Id. at 3. FMCSA agrees
information is for the National the quality, utility and clarity of the with OOIDA that complaints need to be
Consumer Complaint Database collected information and (4) ideas on tracked and that complaints must be
(NCCDB), which is an online interface how the agency can minimize the properly handled despite any staffing
allowing consumers, drivers and others collection burden without sacrificing issues. In this particular situation,
to file complaints against unsafe and the usefulness of the collected FMCSA determined that the tracking
unscrupulous motor carriers and/or information. issues resulted from the complainant’s
their employees. The NCCDB also On January 30, 2017, the Owner initial filing of the complaint. To
allows complaints to be filed about Operator Independent Drivers address the initial concern from OOIDA,
shippers, receivers and transportation Association, Inc. filed a comment FMCSA manually updated the NCCDB
intermediaries. Complaints cover a wide (OOIDA Comments) in response to the to include the coercion complaint.
range of issues, including but not November 29 Notice.1 In its comments, Ultimately, an FMCSA field office
limited to safety, driver harassment, OOIDA acknowledged that ‘‘the ICR is addressed the complaint.
coercion, movement of household goods necessary for the Agency to perform its
(HHG), financial responsibility B. Confirmation and Tracking Must Be
mission. . . .’’ OOIDA Comments, at 1.
instruments for brokers and freight Provided
However, OOIDA indicated that FMCSA
forwarders, and Americans with ‘‘must enhance the quality of the In its comments, OOIDA indicates
Disabilities Act (ADA) complaints. collected information, and thereby that ‘‘[o]ften times, driver do not receive
DATES: Please send your comments by improve the effectiveness of the NCCDB, a tracking number and are unaware of
March 2, 2018. OMB must receive your by addressing (1) the overall the status of their grievances.’’ Id. at 3.
comments by this date in order to act administration of the program, (2) the OOIDA argues that ‘‘[t]he Agency
quickly on the ICR. name of the program, and (3) the should provide a confirmation that the
ADDRESSES: All comments should inefficiencies of the online portal.’’ Id. complaint has been accepted as well as
reference Federal Docket Management Moreover, OOIDA raised concerns about a specific tracking number or other case
System (FDMS) Docket Number the agency’s response to complaints, identifier to assist with follow-up.’’ Id.
FMCSA–2016–0407. Interested persons follow-up with drivers after the filing of at 4.
are invited to submit written comments complaints and consistency and FMCSA has resolved OOIDA’s
on the proposed information collection efficiency in complaint handling. Id. at concerns. Once a complaint is
to the Office of Information and 1–2. Finally, while OOIDA understood submitted, the system will assign and
Regulatory Affairs, Office of that estimates associated with coercion display the Complaint Identification
Management and Budget. Comments complaints could not be included in Number and provide an option to print
should be addressed to the attention of this ICR, it indicated that it ‘‘is aware of the complaint.
the Desk Officer, Department of coercion complaints submitted to the C. NCCDB Name
Transportation/Federal Motor Carrier NCCDB and recommends the Agency
work quickly to include such data in OOIDA indicates that the term
Safety Administration, and sent via
future renewals for the NCCDB.’’ Id. at ‘‘National Consumer Complaint
electronic mail to oira_submission@
9. Database’’ is causing confusion about
omb.eop.gov, or faxed to (202) 395–
More specifically, OOIDA’s comment the types of complaints that can be filed.
6974, or mailed to the Office of
consists of the following sections: (A) OOIDA argues that the title does not
Information and Regulatory Affairs,
Coercion complaint example, (B) support the Agency’s safety mandate. Id.
Office of Management and Budget,
Confirmation and tracking must be at 4–5. OOIDA submits that FMCSA can
Docket Library, Room 10102, 725 17th
provided, (C) NCCDB Name, (D) The improve its outreach to drivers about
Street NW, Washington, DC 20503.
inefficiencies of the online portal and the NCCDB to make ‘‘sure they are
FOR FURTHER INFORMATION CONTACT: aware that the NCCDB is a beneficial
James Dubose, Department of (E) Other Concerns. Id. at 2–9. FMCSA
will address each section of OOIDA’s tool that can promote safety and
Transportation, Federal Motor Carrier eliminate bad actors from the industry.
Safety Administration, 6th Floor, West comments and provide its response.
OOIDA would look forward to working
Building, 1200 New Jersey Avenue SE, A. Coercion Complaint Example with and helping the Agency achieve
Washington, DC 20590–0001. this objective.’’ Id. at 5.
Telephone: (215) 656–7259; Email: OOIDA provided an example of a
coercion 2 complaint which was entered FMCSA is open to considering a name
james.dubose@dot.gov. Office hours are change for the complaint database.
from 9 a.m. to 5 p.m., Monday through
sradovich on DSK3GMQ082PROD with NOTICES

1 Comments of the Owner Operator Independent Given that many stakeholders file
Friday, except Federal Holidays. Drivers Association, Inc.; In Response to an Agency
SUPPLEMENTARY INFORMATION: Information Collection Request; National Consumer adverse employment actions or taking action to
Complaint Database. No other comments have been punish drivers for refusing to operate a commercial
Federal Register Notice and Summary filed in the docket. motor vehicle in violation of certain provisions of
of Public Comment Received 2 The Coercion rule prohibits motor carriers, the Federal Motor Carrier Safety Regulations,
shippers, receivers, or transportation intermediaries Hazardous Materials Regulations, and Federal
On November 29, 2016, FMCSA or their respective agents, officers or representatives Motor Carrier Commercial Regulations. 80 FR 74695
published a notice in the Federal from threatening drivers with loss of work or other (Nov. 30, 2015).

VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1

Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4543

Century,’’ Public Law 105–178, 112 Stat. burden could be minimized without Avenue SE, Washington, DC, between 9
107, June 9, 1998. The Motor Carrier reducing the quality of the collected a.m. and 5 p.m., ET, Monday through
Safety Improvement Act of 1999, Public information. Friday, except Federal holidays. The on-
Law 106–159, 113 Stat. 1748, December Issued under the authority delegated in 49 line Federal document management
9, 1999, created the FMCSA and section CFR 1.87 on: January 23, 2018. system is available 24 hours each day,
213 of the Act expanded the Safety G. Kelly Regal, 365 days each year. The docket number
Violation Hotline Service to include a is listed at the beginning of this notice.
Associate Administrator for Office of
24-hour operation. On August 10, 2005, Research and Information Technology. SUPPLEMENTARY INFORMATION:
Congress enacted the Safe, Accountable, [FR Doc. 2018–01941 Filed 1–30–18; 8:45 am] Background
Flexible, and Efficient Transportation
BILLING CODE 4910–EX–P
Equity Act: A Legacy for Users, Section 4007 of the Transportation
(SAFETEA–LU), Public Law 109–59, Equity Act for the 21st Century (TEA–
119 Stat. 1144. Section 4214 of 21) [Pub. L. 105–178, June 9, 1998, 112
DEPARTMENT OF TRANSPORTATION
SAFETEA–LU requires DOT to create a Stat. 401] amended 49 U.S.C. 31315 and
system to record and log aggregate Federal Motor Carrier Safety 31136(e) to provide authority to grant
complaint information regarding Administration exemptions from the Federal Motor
violations of the Federal Motor Carrier Carrier Safety Regulations (FMCSRs).
[Docket No. FMCSA–2017–0176] On August 20, 2004, FMCSA published
Safety Regulations.
The NCCDB fulfills the requirements a final rule (69 FR 51589) implementing
Parts and Accessories Necessary for section 4007. Under this rule, FMCSA
of these mandates. Complaints will be Safe Operation; Daimler Trucks North
accepted through the NCCDB in must publish a notice of each exemption
America LLC Application for request in the Federal Register (49 CFR
connection with other statutory Exemption
mandates, including, but not limited to, 381.315(a)). The Agency must provide
protection of drivers against harassment AGENCY: Federal Motor Carrier Safety the public with an opportunity to
and coercion under sections 32301(b) Administration (FMCSA), DOT. inspect the information relevant to the
and 32911, respectively, of the Moving ACTION: Notice of final disposition; grant application, including any safety
Ahead for Progress in the 21st Century of application for exemption. analyses that have been conducted. The
Act, Public Law 112–141, 126 Stat. 405. Agency must also provide an
The NCCDB will also accept complaints SUMMARY: The Federal Motor Carrier opportunity for public comment on the
from interested parties regarding third Safety Administration (FMCSA) request.
party intermediaries (brokers and freight announces its decision to grant Daimler The Agency reviews the safety
forwarders) and their associated Trucks North America LLC’s (DTNA) analyses and the public comments and
financial responsibility instruments. application for a limited 5-year determines whether granting the
Title: National Consumer Complaint exemption allowing motor carriers exemption would likely achieve a level
Database OMB Control Number: 2126– operating commercial motor vehicles of safety equivalent to or greater than
NEW. (CMVs) manufactured by the company the level that would be achieved by the
Type of Request: New information to use an Attention Assist and Lane current regulation (49 CFR 381.305).
collection. Departure Warning system camera The decision of the Agency must be
Respondents: Consumers, Drivers, mounted lower in the windshield than published in the Federal Register (49
and Others, Participants in the Motor is currently permitted. The Agency has CFR 381.315(b)). If the Agency denies
Carrier Industry. determined that lower placement of the the request, it must state the reason for
Estimated Number of Respondents: Attention Assist and Lane Departure doing so. If the decision is to grant the
12,165 respondents [8,030 Moving Warning system camera would not have exemption, the notice must specify the
Complaint respondents + 3,449 Truck an adverse impact on safety and that person or class of persons receiving the
Complaint respondents + 685 Bus adherence to the terms and conditions exemption and the regulatory provision
Complaint respondents]. of the exemption would achieve a level or provisions from which an exemption
Estimated Time per Response: 15 of safety equivalent to or greater than is granted. The notice must specify the
Minutes. the level of safety provided by the effective period of the exemption (up to
Expiration Date: N/A. This is a new regulation. 5 years) and explain the terms and
information collection. conditions of the exemption. The
Frequency of Response: On occasion. DATES: This exemption is effective exemption may be renewed (49 CFR
Estimated Total Annual Burden: February 1, 2018 and ending January 31, 381.315(c) and 49 CFR 381.300(b)).
3,041 hours [8,030 Moving Complaint 2023.
respondents × 15 minutes = 2,008 hours; FOR FURTHER INFORMATION CONTACT: Mr. DTNA’s Application for Exemption
3,449 Truck Complaint respondents × Jose R. Cestero, Vehicle and Roadside DTNA applied for an exemption from
15 minutes = 863 hours; 685 Bus Operations Division, Office of Carrier, 49 CFR 393.60(e)(1) to allow an
Complaint respondents × 15 minutes = Driver, and Vehicle Safety, MC–PSV, Attention Assist and Lane Departure
171 hours]. (202) 366–5541, Federal Motor Carrier Warning system camera to be mounted
Safety Administration, 1200 New Jersey lower in the windshield than is
Public Comments Invited Avenue SE, Washington, DC 20590– currently permitted by the Agency’s
You are asked to comment on any 0001. regulations in order to utilize a
aspect of this information collection, Docket: For access to the docket to
sradovich on DSK3GMQ082PROD with NOTICES

mounting location that allows optimal
including: (1) Whether the proposed read background documents or functionality of the system camera. A
collection is necessary for the FMCSA to comments submitted to notice copy of the application is included in
perform its functions; (2) the accuracy of requesting public comments on the the docket referenced at the beginning
the estimated burden; (3) ways for the exemption application, go to of this notice.
FMCSA to enhance the quality, www.regulations.gov at any time or visit Section 393.60(e)(1)(i) of the FMCSRs
usefulness, and clarity of the collected Room W12–140 on the ground level of prohibits the obstruction of the driver’s
information; and (4) ways that the the West Building, 1200 New Jersey field of view by devices mounted on the

VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1

Document Created: 2018-01-31 00:58:03
Document Modified: 2018-01-31 00:58:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Please send your comments by March 2, 2018. OMB must receive your comments by this date in order to act quickly on the ICR.
Contact		James Dubose, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: (215) 656-7259; Email: [email protected] Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
FR Citation		83 FR 4540

83 FR 4540 - Agency Information Collection Activities; Approval of a New Information Collection Request: National Consumer Complaint Database

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 21 (January 31, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration