[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86723-86725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27456]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0100]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Accident Recordkeeping Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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[[Page 86724]]
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 its
review and approval and invites public comment. FMCSA requests approval
to renew the ICR titled ``Accident Recordkeeping Requirements.'' This
ICR relates to Agency requirements that motor carriers maintain a
record of accidents involving their commercial motor vehicles (CMVs).
Motor carriers are not required to report this data to FMCSA, but must
produce it upon inquiry by authorized Federal, State, or local
officials.
DATES: Comments on this notice must be received on or before January
16, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division, DOT, FMCSA, West Building, 6th Floor, 1200
New Jersey Avenue SE, Washington, DC 20590-0001; 202-366-4225;
[email protected].
SUPPLEMENTARY INFORMATION: Title: Accident Recordkeeping Requirements.
OMB Control Number: 2126-0009.
Type of Request: Renewal of a currently approved collection.
Respondents: Motor carriers.
Estimated Number of Respondents: 93,280.
Estimated Time per Response: 18 minutes.
Expiration Date: February 29, 2024.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 48,760 burden hours (162,533
accidents x 18 minutes per response/60 minutes in an hour = 48,760
hours).
Definitions: Accident is an occurrence involving a CMV operating on
a public road which results in: (1) a fatality, (2) bodily injury to a
person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident, or (3) one or more motor
vehicles incurring disabling damage as a result of the accident,
requiring the motor vehicle(s) to be transported away from the scene by
a tow truck or other motor vehicle (see 49 CFR 390.5T).
Background
Title 49 of the Code of Federal Regulations (CFR), section
390.15(b), requires motor carriers to make certain specified records
and information pertaining to CMV accidents available to an authorized
representative or special agent of FMCSA upon request or as part of an
inquiry. Motor carriers are required to maintain an ``accident
register'' consisting of information concerning all accidents involving
their CMVs (Sec. 390.15(b) (see Definition: Accident above)). The
following information must be recorded for each accident: date,
location, driver name, number of injuries, number of fatalities, and
whether certain dangerous hazardous materials were released. In
addition, the motor carrier must maintain copies of all accident
reports required by insurers or governmental entities. Motor carriers
must maintain this information for 3 years after the date of the
accident. Section 390.15 does not require motor carriers to submit any
information or records to FMCSA or any other party.
This ICR supports the DOT strategic goal of safety. By requiring
motor carriers to gather and record information concerning CMV
accidents, FMCSA is strengthening its ability to assess the safety
performance of motor carriers. This information is a valuable resource
in Agency initiatives to prevent, and reduce the severity of, CMV
crashes.
The Agency has modified several of its estimates for this ICR. The
estimated number of annual respondents have increased, while the number
of responses, burden hours, and annual costs to respondents have
decreased. Explanations for these changes are summarized below.
The previously approved burden is 55,425 burden hours. The Agency
decreases its estimate to 48,760 burden hours. The text of Sec.
390.15(b) is unchanged; the decrease in burden hours does not reflect
changes in the requirements for accident recordkeeping. The adjustment
in annual burden hours is due to an increase in the number of annual
respondents from 89,270 to 93,280, and a decrease in the estimate of
the number of reportable accidents from 184,749 to 162,533 per year,
using interstate and intrastate DOT-reportable motor carrier crash
records in FMCSA's Motor Carrier Management Information System for
calendar years 2020 through 2022.
This ICR includes estimated labor costs associated with maintaining
the accident register. The estimated annual labor cost for industry
resulting from the accident register reporting requirements is
decreased from $1.86 million to $1.51 million.
Finally, the estimated annual cost associated with accident
recordkeeping (outside of labor costs) is decreased from $106,785 to
$93,944. In the current iteration of this ICR, FMCSA is assuming that
(1) approximately 15 percent of motor carriers are storing their
Accident Registers electronically, at no extra cost, and (2)
approximately 85 percent of motor carriers are storing hard copy
versions of their accident registers. FMCSA is further assuming that
motor carriers that maintain paper records are storing their accident
registers at their primary place of business, so that they have easy
access to such records during an FMCSA investigation.
On August 8, 2023, FMCSA published a notice in the Federal Register
with a 60-day public comment period announcing the proposed renewal of
this ICR (88 FR 53579). The Agency received four comments. Two
commenters, Philip Clark and an anonymous individual, submitted
comments opposing the underlying regulatory requirement for an accident
register. Michael Dolezal, a third individual, submitted comments that
were neither in support of nor against the ICR renewal. The National
Motor Freight Traffic Association, Inc. (NMFTA) submitted comments in
favor of renewing this ICR, and suggested additional information be
added to the accident register.
None of the commenters addressed whether the proposed collection is
necessary for the accuracy of the estimated burden; nor the ways the
burden could be minimized without reducing the quality of the collected
information.
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 performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for 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 or include your
comments in the request for OMB's clearance of this ICR.
[[Page 86725]]
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-27456 Filed 12-13-23; 8:45 am]
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