[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Notices]
[Pages 71236-71237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20830]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25652]


Agency Information Collection Activities; Request for Comments; 
Notice of Intent To Survey Motor Carriers Operating Small Passenger-
Carrying Commercial Motor Vehicles

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

ACTION: Notice and request for comments.

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SUMMARY: The FMCSA invites comments about its plan to request the 
Office of Management and Budget's (OMB) approval of a new information 
collection (IC). FMCSA intends to sponsor this new information 
collection by use of a research contractor to conduct a survey of motor 
carriers who operate small passenger-carrying commercial motor vehicles 
(CMVs). The data collected would assist FMCSA with outreach initiatives 
to these motor carriers of passengers, some of which will be brought 
within the scope of FMCSA safety regulation by recent statutory 
changes. This notice is required by the Paperwork Reduction Act of 
1995.

DATES: Comments must be submitted on or before February 6, 2007.

ADDRESSES: All comments should reference Docket Number FMCSA-2006-
25652. 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. Peter Chandler, Federal Motor 
Carrier Safety Administration, Office of Enforcement and Compliance, 
Commercial Passenger Carrier Safety Division, Washington, DC 20590, 
phone (202) 366-5763, fax (202) 366-3621, e-mail 
[email protected]. Office hours are from 8 a.m. to 4 p.m., ET, 
Monday through Friday, except Federal holidays.

[[Page 71237]]


SUPPLEMENTARY INFORMATION: On August 12, 2003, FMCSA published a final 
rule entitled, ``Safety Requirements for Operators of Small Passenger-
Carrying Commercial Motor Vehicles Used in Interstate Commerce,'' to 
require motor carriers operating CMVs, designed or used to transport 
between 9 and 15 passengers (including the driver), in interstate 
commerce, to comply with parts 391 through 396 of the Federal Motor 
Carrier Safety Regulations (FMCSRs) when they are directly compensated 
for such services, and the vehicle is operated beyond a 75 air-mile 
radius from the driver's normal work-reporting location (see 68 FR 
47860). As a result of the 2003 rule, these motor carriers are now 
subject to the same safety requirements as motor coach operators, 
except for the commercial driver's license (CDL), and controlled 
substances and alcohol testing regulations. Affected motor carriers 
were required to be in compliance with such regulations by December 10, 
2003 (see 68 FR 61246). The 2003 rule implemented section 212 of the 
Motor Carrier Safety Improvement Act of 1999 (MCSIA) [Public Law 106-
159, 113 Stat. 1748, 1766 (Dec. 9, 1999)].
    Section 4136 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy For Users (SAFETEA-LU) [Public Law 
109-59, 119 Stat. 1144, 1745 (Aug. 10, 2005)] directed FMCSA to remove 
the 75 air-mile radius standard. This congressional mandate would 
result in a greater number of motor carriers that operate small 
passenger-carrying CMVs being subject to the FMCSRs. To effectively 
inform this segment of the motor carrier passenger industry of the 
regulatory requirements that they will be subject to, and to assist the 
agency in administering an effective educational outreach program to 
this entire industry segment, FMCSA intends to conduct a survey to 
obtain information about all of these motor passenger carrier 
operations.
    Because certain motor carriers that operate small passenger-
carrying CMVs will have new regulatory requirements as a result of the 
section 4136 provision, FMCSA wants to learn about the safety and/or 
regulatory compliance challenges of this industry segment. There is no 
motor carrier industry association that is comprised mostly of 
commercial companies that primarily operate between 9-15 passenger-
carrying commercial motor vehicles. This makes obtaining information 
about this industry segment more difficult and necessitates the 
assistance of a researcher to obtain information needed by FMCSA to 
effectively provide outreach to these passenger carriers. FMCSA will 
request a research contractor to obtain information about motor 
carriers with small passenger-carrying CMV operations. The research 
contractor will collect information through approximately 50 telephone 
interviews and 8 site visits at places of business. A copy of the 
telephone survey instrument has been placed in the docket for review 
and comments. Information obtained from the study will provide insight 
into the common safety and regulatory compliance challenges facing 
motor carriers with small passenger-carrying CMV operations. Such 
information will also be utilized by FMCSA to develop educational 
outreach initiatives for the affected industry segment. It is 
appropriate that FMCSA connect with and inform this segment of the 
motor carrier industry of its regulatory compliance responsibilities 
before implementing an enforcement program. Any information obtained 
will help identify specific areas of regulatory compliance that are 
problematic for this industry segment. In addition, the questions of 
the telephone survey instrument address safety issues that preliminary 
research shows are pertinent to motor carriers with small passenger-
carrying CMV operations. Useful information about these safety issues 
could be included in outreach materials for the benefit of the 
industry. The survey will also obtain needed insight about how to best 
provide and distribute information to the affected industry segment.
    Title: Survey of Motor Carriers with Small Passenger-Carrying CMV 
Operations.
    Type of Information Collection Request: New one-time survey/
information collection.
    Respondents: For-hire motor carriers that operate between 9-15 
passenger-carrying commercial motor vehicles in interstate commerce.
    Number of Respondents: 50 motor carriers.
    Estimated Average Burden per Response: The estimated average burden 
per response for each telephone survey is 30 minutes.
    Estimated Total Annual Burden: The estimated total annual burden is 
25 hours for the information collection based upon an acceptable level 
of statistical significance and a confidence interval of 13.6 percent.
    Total Annual Burden: 25 hours [(50 responses x 30 minutes per 
response) / 60 minutes = 25 hours].
    Frequency: This information collection will be a single, 
nonrecurring event.

Public Comments Invited

    Interested parties are invited to send comments regarding any 
aspect of this information collection, including but not limited to: 
(1) The necessity and utility of the information collection for the 
proper performance of the functions of FMCSA and specifically the 
regulatory oversight of small passenger-carrying commercial motor 
vehicle operations; (2) the accuracy of the estimated burden; (3) ways 
to enhance the quality, utility, and clarity of the collected 
information; and (4) ways to minimize the collection burden without 
reducing the quality of the collected information. Comments submitted 
in response to this notice will be summarized and/or included in the 
request for OMB's clearance for this information collection. For access 
to the docket to read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Issued on: November 28, 2006.
John H. Hill,
Administrator.
 [FR Doc. E6-20830 Filed 12-7-06; 8:45 am]
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