[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17218-17219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6427]



[[Page 17218]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-27393]


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.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces that its Information Collection Request (ICR) described below 
has been sent to the Office of Management and Budget (OMB) for review 
and approval. The ICR describes a proposed collection activity 
involving all motor carriers who operate small passenger-carrying 
commercial motor vehicles (CMVs) and its expected cost and burden. A 
Federal Register notice allowing for a 60-day comment period on the ICR 
was published on December 8, 2006. FMCSA received four comments to this 
docket, but only one of those comments addressed the information 
collection process set forth in this notice. This comment was 
considered during the development of the survey for this information 
collection.

DATES: Comments must be submitted on or before May 7, 2007. OMB must 
receive your comments by this date to act quickly on the request.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., 
Washington, DC 20503, Attention: DOT/FMCSA Desk Officer.

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., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Section 212 of the Motor Carrier Safety 
Improvement Act of 1999 (MCSIA) [Pub. L. 106-159, 113 Stat. 1748, 1766 
(December 9, 1999)] expanded FMCSA's statutory authority to ensure the 
safe operation of small passenger vehicle carriers operating in long-
haul, interstate transportation. In response to this congressional 
mandate, FMCSA published a final rule in the Federal Register (68 FR 
47860; August 12, 2003) 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. 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; date of publication October 27, 2003).
    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 set forth in MCSIA. This congressional 
mandate or change 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 of SAFETEA-LU, FMCSA wants to learn more about 
the safety and/or regulatory compliance challenges of this industry 
segment. There is no motor carrier industry association that is 
comprised mostly of 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 
obtain a research contractor to collect 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 was placed in the docket. 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.
    Estimated Number of Respondents: 50 motor carriers.
    Estimated Time per Response: 30 minutes for each telephone survey.
    Frequency of Response: One time.
    Estimated Total Annual Burden: 25 hours. The estimated total burden 
is 25 hours for the information collection based upon an acceptable 
level of statistical significance and a confidence interval of 13.6 
percent [(50 responses x 30 minutes per response)/60 minutes = 25 
hours].
    We particularly request comments on the necessity and usefulness 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; the accuracy of the 
estimated burden of collected

[[Page 17219]]

information; suggestions to enhance the quality, utility, and clarity 
of the collected information; and suggestions to minimize the 
collection burden on respondents, including using automated collection 
techniques or other forms of information technology.

    Issued on: March 29, 2007.
Rose A. McMurray,
Chief Safety Officer, Assistant Administrator.
 [FR Doc. E7-6427 Filed 4-5-07; 8:45 am]
BILLING CODE 4910-EX-P