[Federal Register Volume 71, Number 70 (Wednesday, April 12, 2006)]
[Notices]
[Pages 18803-18805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5434]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-23781]


Agency Information Collection Activities; Request for Comment; 
Approval of a New Information Collection: Letter of Confirmation and 
Carrier Contact Information Sheets

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

ACTION: Notice and request for comments.

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SUMMARY: FMCSA invites public comment on its plan to request the Office 
of Management and Budget's (OMB) approval to collect information on new 
forms entitled ``Carrier Contact Information Sheets.'' The information 
will be collected from United States and Canada-based motor carriers 
through the use forms, and used by FMCSA Safety Auditors and Safety 
Investigators to prepare in advance for Compliance Reviews (CRs) and 
New Entrant Program Safety Audits (NEPSAs); Pre-authority Safety Audits 
(PASAs) and CRs of certain Mexico-domiciled motor carriers; and NEPSAs 
and CRs of Non-North American motor carriers. FMCSA conducts CRs to 
determine motor carrier compliance with the Federal Motor Carrier 
Safety Regulations (FMCSRs) and other regulations overseen by FMCSA. In 
accordance with section 350 of the 2002 DOT Appropriations Act and the 
Agency's regulations, all Mexico-domiciled long-haul carriers must 
successfully complete a PASA before receiving authority to operate in 
the United States and must receive a CR within their first 18 months of 
operations in the United States. All other motor carriers receive CRs 
to determine their safety fitness.
    FMCSA conducts NEPSAs in accordance with section 210 of the Motor 
Carrier Safety Improvement Act of 1999, which requires safety reviews 
of all new entrants during their first 18 months of operations.
    The information collected from motor carriers will be used to 
assist safety investigators to become familiar with the motor carrier's 
operation prior to visiting the carrier's place of business. The 
information collected will include, but is not limited to, company 
information and contact persons, business type, insurance, type of 
cargo transported, vehicle and driver information and controlled 
substance testing information. Additional information will be collected 
from carriers who transport hazardous materials, household goods, and 
passengers or are domiciled in Mexico. This notice is required by the 
Paperwork Reduction Act of 1995.

DATES: Comments must be submitted on or before June 12, 2006.

ADDRESSES: All comments should reference Docket No. FMCSA-2006-23781. 
You may mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590; telefax comments to (202) 493-2251; 
or submit electronically at http://dms.dot.gov. You may examine and 
copy all comments received at the above address between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. If you desire 
your comment to be acknowledged, you must include a self-addressed 
stamped envelope or postcard or, if you submit your comments 
electronically, you may print the acknowledgment.

FOR FURTHER INFORMATION CONTACT: Mr. Arturo H. Ramirez, Division Chief, 
(202) 366-3181, Enforcement and Compliance Division, Federal Motor 
Carrier Safety Administration, 400 7th Street SW., Suite 8214, 
Washington, DC 20590. Office hours are from 7:00 a.m. to 4:30 p.m., 
e.t., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: Title: Carrier Contact Information Sheets.
    OMB Control No: 2126-XXXX.

Background:

    In 1999, the Motor Carrier Safety Improvement Act of 1999 (MCSIA) 
[Public Law 106-159,113 Stat. 1748 (December 9, 1999)] strengthened the 
motor carrier safety program by mandating more vehicle and driver 
inspections, and carrier compliance reviews. MCSIA also required safety 
reviews of all new entrants during the first 18 months of operations. 
Section 350 of the DOT Appropriations Act for Fiscal Year 2002 [Public 
Law 107-87, 115 Stat. 864 (December 18, 2001)] further strengthened the 
safety program for motor carriers by requiring safety audits of long-
haul Mexico-domiciled carriers before they receive operating authority 
in the United States.
    FMCSA conducts compliance reviews to ensure that motor carriers 
comply with the FMCSRs. To facilitate the timely completion of the 
compliance reviews in the future, FMCSA safety investigators will use 
the following two forms to collect information from motor carriers 
prior to conducting compliance reviews.

[[Page 18804]]

    A ``Letter of Confirmation,'' will be used by the safety 
investigator to confirm an appointment with a carrier once a compliance 
review has been scheduled. The letter further informs the carrier the 
investigator will need access to all carrier records including, but not 
limited to, the following:
     A list of drivers used in the past 365 days, including 
date of hire, date of termination, Commercial Driver's License (CDL) 
State and license number, and date of birth;
     Driver qualification files and controlled substance 
testing records results and summaries for the past 365 days;
     Driver payroll records;
     Driver records of duty status (logs, time records, etc.) 
for the past 6 months;
     Driver trip reports, expense records, scale tickets, fuel 
receipts, toll receipts, bills of lading or any other pickup or 
delivery document for the past 6 months;
     Motor vehicle accident reports and accident register for 
the past 12 months;
     A list of motor vehicle equipment (company unit number, 
license number, State, year, make and gross vehicle weight rating 
(GVWR));
     Lease agreements, if applicable;
     Vehicle maintenance records for all vehicles owned or 
leased;
     Driver vehicle inspection reports for the last 90 days;
     All roadside inspections for the past 365 days;
     Company gross revenue for the last calendar or fiscal 
year, as applicable;
     Total fleet mileage for the last year;
     A copy of the motor carrier's MCS-90 or MCS-90B 
endorsement for its current policy; and insurance claim information for 
the past 365 days (Loss Run Report).
     Carriers of household goods must also provide all 
documents related to the movement of household goods, including 
estimates, orders for service, bills of lading, inventories, invoices 
and weight tickets.
     Carriers of hazardous materials must also provide, if 
applicable: a copy of the company's security plan; a list of any 
hazardous materials (HM or hazmat) incident(s) that may have occurred 
in the past 12 months (including spills, injuries or any type of 
release); HM shipping papers for the past 12 months; records related to 
the training of all hazmat employees and all documentation regarding 
the testing of any applicable specification cargo tanks.
    Form MCSA-5540, ``Carrier Information,'' will be used for the 
collection of information from all motor carriers subject to the 
Federal Motor Carrier Safety Regulations. The information will be used 
by the safety investigator to assist him/her in conducting a compliance 
review of the motor carrier's operation. The information to be 
collected from the carrier includes, but is not limited to:
     The legal name and contact information (including 
telephone and facsimile numbers and e-mail addresses);
     Information regarding the motor carrier's type of 
business--for example, whether the business is a sole proprietorship, 
partnership, LLC (Limited Liability Company) or corporation;
     The motor carrier's gross revenue for the last complete 
fiscal year;
     The fleet mileage for the preceding 12 months;
     The motor carrier's employee identification number, social 
security number or Registro Federal de Causantes number (Mexican 
Federal Tax Identification number) (RFC) (if a Mexico-domiciled 
carrier);
     The motor carrier's insurance information, including name 
of insurance company, agent or contact information, insurance company's 
telephone number, coverage or policy number and whether the carrier has 
an additional umbrella policy. The form also requests that for-hire 
carriers and carriers of hazardous materials have available for the 
safety investigator's review a copy of Form MCS-90 or MCS-90B, as 
appropriate;
     Any reports of accidents in the proceeding 365 days;
     A description of the type of cargo transported and whether 
the carrier is a for-hire property carrier, a for-hire passenger 
carrier, private property carrier or private passenger carrier;
     The number of vehicles in the motor carrier's fleet 
including, if applicable, the number of straight trucks, truck 
tractors, trailers, hazardous material cargo tank trucks, hazardous 
material cargo tank trailers, school buses, motor coaches, and number 
of 9-15 passenger vehicles;
     The number of vehicles in its fleet that are owned, leased 
or trip leased;
     The number of interstate or intrastate drivers that 
operate commercial motor vehicles within a 100 air-mile radius or 
beyond a 100 air-mile radius;
     The number of non-CDL drivers operating commercial motor 
vehicles within a 150 air-mile radius;
     If applicable, the total number of trip leased and CDL 
drivers it employs per month;
     A description of the motor carrier's controlled substances 
and alcohol testing program for CDL drivers, including the name of any 
consortium in which it participates and relevant contact persons, 
addresses, and telephone numbers;
     A list of all drivers enrolled in the company's random 
alcohol and controlled substance testing program and a semi-annual 
aggregate statistical summary of the motor carrier's alcohol and 
controlled substance testing results;
     The name of the person(s) who hires drivers, oversees 
driver qualifications, monitors drivers hours-of-service, maintains 
trip related expense receipts, completes payroll, dispatches, oversees 
controlled substances testing, is responsible for the motor carrier's 
vehicle maintenance program, is responsible for maintenance records and 
is responsible for the motor carrier's accident records.
    Additional forms set forth below will apply to carriers who 
transport household goods, hazardous materials and passengers, or are 
domiciled in Mexico. The forms are listed as Appendices, Forms A-E, 
respectively.


Appendix A (Household Goods Carriers)

    Requests that carriers who transport household goods provide:
     General information including, but not limited to, the 
location of the motor carrier's sales office(s), the location where 
it maintains equipment or warehousing facilities and the name and 
phone number of these locations;
     If applicable, the name of prime agents that are not 
company owned, addresses and telephone number(s) and copies of any 
written agreements the carrier may have with them;
     If the carrier uses brokers, copies of any written 
agreements with the brokers;
     If applicable, information pertaining to the use of 
public or self-storage facilities the carrier may use to hold 
shipments that are in transit and the name, address and telephone 
number of each facility used in the past 12 months;
     Information pertaining to the motor carrier's 
arbitration program, the provider of the program (company name), 
contact person, date participation in the program began, address of 
provider, date the program was put into effect, estimating process 
and its complaint and inquiry processes;
     Information regarding tariffs, including name and 
identifying number of the tariff, the effective date of the tariff, 
whether the carrier participates in a tariff published by another 
party, if so, the date participation began and a copy of the motor 
carrier's tariff and all revisions in effect during the past 12 
months;
     Information regarding production and distribution to 
their customers of the publication entitled ``Your Rights and 
Responsibilities When You Move'' prior to signing an order for 
service; and

[[Page 18805]]

Appendix B (Hazardous Materials Carriers)

    Requests that a carrier of hazardous materials provide:
     A motor carrier's hazardous materials registration 
number, the class/division of the hazardous material the carrier 
transports and whether it transports placardable amounts;
     If applicable, the specification(s) of the cargo tanks 
the carrier uses to transport the hazardous material, the name of 
the facility it uses to inspect the cargo tanks and registration 
number (CT) number;
     Information pertaining to hazardous materials requiring 
a Hazardous Material Safety Permit and the permit number;
     Information about the motor carrier's security plan, 
whether the plan includes a written risk assessment and the name of 
the person in the company responsible for security;
     The name of the person(s) providing employees hazardous 
material training;
     Whether the motor carrier's employees have received 
general awareness training, security awareness training, function 
specific training or in-depth security training;
     A list of all employees that handle hazardous 
materials, including, but not limited to drivers, loaders, handlers, 
persons that prepare shipping papers; and
     The name of anyone responsible for hazardous materials 
safety.

Appendix C (Passenger Carriers)

    Requires passenger carriers to identify whether they operate 
vehicles designed to transport: (1) Eight (8) passengers or less 
(including driver), (2) nine (9) to 15 passengers (including the 
driver[ar3]), or (3) 16 or more passengers (including the driver). 
The passenger carrier is also asked whether it operates in 
interstate commerce.

Appendix D (Mexico-domiciled Carriers)

    Requests a Mexico-domiciled carrier to provide:
     Information regarding the transportation of interstate 
cargo during the preceding 12 months and the number of miles 
traveled in the United States only;
     The number of vehicles the carrier operates in commerce 
in the United States that have a Gross Vehicle Weight or Gross 
Combination Weight rating under 10,000 pounds, in excess of 10,000 
pounds or in excess of 26,000 pounds;
     Whether the vehicles are housed in Mexico or the United 
States and the address of the location they are housed;
     Copies of its MX authority and a MCS-90 properly 
endorsed with required or adequate levels of insurance;
     The number of drivers operating in the United States-
Mexico border commercial zone and beyond the commercial zone;
     Information regarding its process agent(s), including, 
but not limited to, the contact person, address of process agent, 
telephone, facsimile or cellular phone numbers and e-mail addresses, 
if applicable;
     For carriers with subsidiaries based in the United 
States, information regarding these subsidiaries, including, but not 
limited to, company name, contact person, address of company, 
telephone, facsimile and cellular numbers; and e-mail addresses.

Appendix E (Non-North American Carriers)

    Requests a Non-North American carrier to[ar4] provide:
     Information concerning the transportation of interstate 
cargo during the preceding 12 months and the number of miles 
traveled in the United States only;
     The number of vehicles the carrier operates in commerce 
in the United States that have a Gross Vehicle Weight or Gross 
Combination Weight rating under 10,000 pounds, in excess of 10,000 
pounds or in excess of 26,000 pounds;
     Whether the vehicles are housed in Mexico or the United 
States and the address of the location they are housed;
     Copies of all operating authorities (MX or other) and a 
MCS-90 properly endorsed with required or adequate levels of 
insurance;
     Information regarding its process agent(s), including, 
but not limited to, the contact person, address of process agent, 
telephone, facsimile or cellular numbers and e-mail address in 
applicable; and

    For carriers with subsidiaries based in the United States, 
information regarding these subsidiaries, including, but not limited 
to, the contact person, address of process agent, telephone, facsimile 
or cellular numbers and e-mail address.
    Respondents: United States, Canada-based and Mexico-domiciled motor 
carriers and Non-North American motor carriers.
    Frequency: On occasion.
    Estimated Average Burden per Response: The burden for the Letter of 
Confirmation is included in the burden for the Form MCSA-5540, 
``Carrier Information''. The estimated time to read the Letter of 
Confirmation and complete the Form MCSA-5540 is 40 minutes, and 
Appendices A--E: is 20 minutes.
    Estimated Total Annual Burden Hours: 23,384 hours [23,384 
respondents x 40 minutes/60 minutes to complete the Letter of 
Confirmation and Form MCSA-5540 + 23,384 respondents x 20 minutes to/60 
minutes complete Appendices A-E = 23,384 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's performance; (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. The agency will summarize and/or include your 
comments in the request for OMB's clearance of this information 
collection.

    Issued on: April 6, 2006.
Warren E. Hoemann,
Deputy Administrator.
 [FR Doc. E6-5434 Filed 4-11-06; 8:45 am]
BILLING CODE 4910-EX-P