[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44439-44441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21304]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 390

RIN 2125-AC51


Accident Recordkeeping Requirements

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document technically amends the definition of the term 
accident in FHWA's Federal motor carrier safety regulations to include 
language that was inadvertently omitted from a previous final rule, and 
technically amends those regulations to indicate that the Office of 
Management and Budget has approved the accident recordkeeping 
requirements as amended by this rule. The full intention of the FHWA 
was to require interstate motor carriers to include their accidents 
involving a commercial motor vehicle engaged in intrastate commerce on 
accident registers. The definition of the term accident is amended to 
reflect this intention.

EFFECTIVE DATE: September 27, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor 
Carrier Research and Standards, (202) 366-5763, or Mrs. Allison Smith, 
Office of the Chief Counsel, (202) 366-0834, Federal Highway 
Administration, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On February 2, 1993, the FHWA published a 
final rule in the Federal Register (58 FR 6726) which removed the 
accident notification and reporting requirements in part 394 of the 
Federal Motor Carrier Safety Regulations (FMCSRs) and added a 
requirement in part 390 that motor carriers maintain an accident 
register consisting of a list of information about accidents and copies 
of all accident reports required by governmental authorities or 
insurers. The accidents that must be included in an accident register 
were specified by the definition of the term accident in 49 CFR 390.5. 
The term accident, as currently defined, does not include an accident 
involving a commercial motor vehicle engaged in intrastate commerce. 
This type of accident was covered by the accident notification and 
reporting requirements in part 394. The FHWA inadvertently failed to 
include this type of accident in the definition of the term accident. 
The full intention of the FHWA was to require interstate motor carriers 
to include their accidents involving a commercial motor vehicle engaged 
in intrastate commerce on accident registers.
    The FHWA is therefore making a technical amendment to the 
definition of the term accident to include accidents involving a 
commercial motor 

[[Page 44440]]
vehicle engaged in intrastate commerce. The phrase ``in interstate or 
intrastate commerce'' is being inserted into the definition of the term 
accident. This technical amendment will require interstate motor 
carriers to include accidents involving a commercial motor vehicle 
engaged in interstate or intrastate commerce in their accident 
registers. There is a long precedent of interstate motor carriers being 
required to file and/or maintain reports about accidents involving a 
commercial motor vehicle engaged in interstate, foreign, or intrastate 
commerce. This technical amendment clarifies the FHWA's intent 
regarding this issue.
    An accident register, which includes all accidents meeting this 
amended definition, assists the FHWA in evaluating a motor carrier's 
accidents and developing countermeasures to reduce future accidents. 
The FHWA is also able to compare a motor carrier's accident register 
with the accident data from the automated State accident reporting 
system to ensure that all accidents as defined in Sec. 390.5 are 
accounted for in the system.

Rulemaking Analyses and Notices

    Prior notice and opportunity for comment are unnecessary under 5 
U.S.C. 553(b)(3)(B) because this rule does not impose any additional 
duty or obligation on any motor carrier. Instead, it simply reinstates 
the requirement to keep records on accidents involving a commercial 
motor vehicle operating in intrastate commerce, which was inadvertently 
omitted when the accident recordkeeping requirements were last revised, 
and provides notice to the public that the Office of Management and 
Budget has approved the information collection burden of the accident 
recordkeeping requirements of part 390, as amended by this rule. 
Therefore, in this purely procedural action, the FHWA is not exercising 
its discretion in a way that could be meaningfully affected by public 
comment. In addition, due to the technical nature of this final rule, 
the FHWA has determined that prior notice and opportunity for comment 
are not required under Department of Transportation's regulatory 
policies and procedures, as it is anticipated that such action would 
not result in the receipt of useful information. Therefore, the FHWA is 
proceeding directly to a final rule.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. The FHWA estimates that 
approximately 87,000 accidents, as defined in 49 CFR 390.5, occur 
annually. The FHWA believes that the amount of time needed for 
interstate motor carriers to collect and record the seven elements of 
information on accident registers is minimal because the information is 
readily available. In consideration of the total number of accidents 
which must be included on accident registers and the short period of 
time necessary to record information about each accident, the economic 
burden imposed by the accident recordkeeping requirements is minimal. 
Since the economic burden for maintaining records about all accidents 
as defined in 49 CFR 390.5 is not significant, the economic burden of 
the recordkeeping for the portion of these accidents which occur in 
intrastate commerce is also not significant. Therefore, a full 
regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this action on small 
entities. This action does not impose any additional duty or obligation 
on any motor carrier, regardless of its size, because this action 
simply reinstates a requirement which was inadvertently omitted when 
the accident recordkeeping requirements were last revised. The majority 
of small motor carriers do not have an accident, as defined in 49 CFR 
390.5, in a given year. Any motor carrier without an accident, as 
defined in 49 CFR 390.5, in a given year is not required to maintain an 
accident register for this year. The FHWA certifies that this action 
will not have a significant impact on a substantial number of small 
entities.
Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.
    Nothing in this document preempts any State law or regulation. This 
final rule does not limit the policymaking discretion of the States. 
Federal funding is available to assist States in implementing and 
operating their accident reporting systems. Nothing in this document 
changes any condition for this funding or has any other impact upon 
State governments.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    The information collection requirements as amended by this rule 
have been approved by the Office of Management and Budget in accordance 
with the provisions of the Paperwork Reduction Act of 1980, 44 U.S.C. 
3501-3520, and assigned the control number of 2125-0526 which expires 
on March 31, 1998.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 390

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.

    Issued on: August 21, 1995.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA hereby amends title 49, 
Code of Federal Regulations, subtitle B, chapter III, part 390 as set 
forth below:

PART 390--[AMENDED]

    1. The authority citation for Part 390 continues to read as 
follows:

    Authority: 49 U.S.C. 5901-5907, 31132, 31133, 31136, 31502, and 
31504; and 49 CFR 1.48.

    2. Section 390.5 is amended by revising the definition of Accident 
to read as follows:


Sec. 390.5  Definitions.

* * * * * 

[[Page 44441]]

    Accident means--
    (1) Except as provided in paragraph (2) of this definition, an 
occurrence involving a commercial motor vehicle operating on a public 
road in interstate or intrastate commerce which results in:
    (i) A fatality;
    (ii) Bodily injury to a person who, as a result of the injury, 
immediately receives medical treatment away from the scene of the 
accident; or
    (iii) One or more motor vehicles incurring disabling damage as a 
result of the accident, requiring the motor vehicle to be transported 
away from the scene by a tow truck or other motor vehicle.
    (2) The term accident does not include:
    (i) An occurrence involving only boarding and alighting from a 
stationary motor vehicle; or
    (ii) An occurrence involving only the loading or unloading of 
cargo; or
    (iii) An occurrence in the course of the operation of a passenger 
car or a multipurpose passenger vehicle (as defined in Sec. 571.3 of 
this title) by a motor carrier and is not transporting passengers for 
hire or hazardous materials of a type and quantity that require the 
motor vehicle to be marked or placarded in accordance with Sec. 177.823 
of this title.
* * * * *


Sec. 390.15  [Amended]

    3. Section 390.15 is amended by adding the following parenthetical 
language at the end of the section to read as follows:

(Approved by the Office of Management and Budget under control 
number 2125-0526)

[FR Doc. 95-21304 Filed 8-25-95; 8:45 am]
BILLING CODE 4910-22-P