[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4540-4543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01941]


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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.

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ACTION: Notice and request for comments.

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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.
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    \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.
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    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.
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    \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).
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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

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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

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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]
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