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Agency Information Collection Activities; Renewal of an Approved Information Collection: Accident Recordkeeping Requirements

Publication: Federal Register
Agency: Federal Motor Carrier Safety Administration
Byline: Thomas P. Keane
Date: 8 August 2023
Subjects: American Government , Safety

[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53579-53580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16954]


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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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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 October 
10, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0100 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 
5 p.m. ET, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0100) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and follow the 
online instructions for accessing the docket, or go to the street 
address listed above.
    Privacy Act: In accordance with 49 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice DOT/ALL-14 FDMS, which can be reviewed at 
https://www.transportation.gov/privacy, the comments are searchable by 
the name of the submitter.

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; 
pearlie.robinson@dot.gov.

SUPPLEMENTARY INFORMATION: 

Instructions

    All submissions must include the Agency name and docket number. For 
detailed instructions on submitting comments, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.

Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials. If you submit a comment, please include the docket 
number for

[[Page 53580]]

this notice (FMCSA-2023-0100), indicate the specific section of this 
document to which the comment applies and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number ``FMCSA-2023-0100'' in the ``Keyword'' box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on the following screen. Choose whether you 
are submitting your comment as an individual or on behalf of a third 
party and then submit. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope. FMCSA 
will consider all comments and material received during the comment 
period.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    Title 49 of the Code of Federal Regulations (CFR), 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'' 
below)). 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 $1,860,617 to $1,507,169.
    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.
    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 (Sec.  390.5).
    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.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-16954 Filed 8-7-23; 8:45 am]
BILLING CODE 4910-EX-P




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