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Agency Information Collection Activities; Renewal Information Collection Request: National Consumer Complaint Database Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 23 February 2022 Subjects: American Government  , Safety
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10277-10279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03781]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0089]
Agency Information Collection Activities; Renewal Information
Collection Request: National Consumer Complaint Database
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: 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 renewal
collection of information is for the
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National Consumer Complaint Database (NCCDB), which is an online
interface allowing consumers, drivers, and others to file complaints
against unsafe and unscrupulous companies and/or their employees,
including shippers, receivers, and transportation intermediaries,
depending on the type of complaint. These complaints cover a wide range
of issues, including but not limited to driver harassment, coercion,
movement of household goods, financial responsibility instruments for
brokers and freight forwarders, Americans with Disability Act (ADA)
compliance, Electronic Logging Device (ELD), Entry-Level Driver
Training (ELDT), Medical Review Officer (MRO), and Substance Abuse
Professional (SAP) complaints. FMCSA requests approval to renew the ICR
titled ``National Consumer Complaint Database'' covered by OMB Control
Number 2126-0067 in order to continue to collect consumer complaint
information so FMCSA can use this data to take enforcement action,
better inform FMCSA policies for safer motor carrier operations, and
improve consumer protection.
DATES: Comments on this notice must be received on or before March 25,
2022.
ADDRESSES: All comments should reference Federal Docket Management
System Docket Number FMCSA-2021-0089. Interested persons are invited to
submit written comments on the proposed information collection to the
Office of Information and Regulatory Affairs (OIRA), OMB. Comments
should be addressed to the attention of the Desk Officer, DOT/FMCSA,
and sent via email to oira_submission@omb.eop.gov, faxed to (202) 395-
6974, or mailed to OIRA, OMB, Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Ms. Donnice Wagoner, DOT, FMCSA,
Commercial Enforcement Division/MC-SEI, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC 20590, (202) 366-8045,
Donnice.Wagoner@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA maintains online information and resources to assist drivers,
others in the motor carrier industry, and members of the general public
in filing safety complaints regarding household goods (HHG) carriers,
hazardous material (HM) carriers, property carriers, cargo tank
facilities, passenger carriers, Electronic Logging Devices (ELD),
Entry-Level Driver Training (ELDT) providers, Medical Review Officers
(MRO) and Substance Abuse Professionals (SAP) reporting to the Agency's
Drug and Alcohol Clearinghouse. There is also information pertaining to
the filing of consumer complaints, particularly regarding HHG
transportation and ADA compliance.\1\ This online interface is known as
the NCCDB. The NCCDB has contributed to safer motor carrier operations
on our nation's highways by identifying carriers for investigations and
improved consumer protection by ensuring moving companies use fair
business practices. FMCSA uses the information collected in the NCCDB
to monitor and induce non-compliant regulated entities to achieve and
maintain compliance.
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\1\ DOT maintains reporting and other requirements for over-the-
road buses under its ADA regulations. (For a complete listing of the
DOT's ADA regulations, see 49 CFR parts 37 and 38.)
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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 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 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
are 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 also accepts complaints
from interested parties regarding third party intermediaries (brokers
and freight forwarders) and their associated financial responsibility
instruments.
Federal Register Notice and Summary of Public Comments Received
On September 3, 2021, FMCSA published a notice in the Federal
Register announcing a renewal ICR pertaining to the NCCDB. 86 FR 49594
(September 3 notice). FMCSA sought public comment on the ICR, including
(1) whether the proposed collection is necessary for the agency to
perform its mission, (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. Id. at
49595.
On September 7, 2021, a private citizen, MJ Thorne (Thorne), filed
a comment in response to the September 3 notice. In the comments,
Thorne suggested that the database include ``a series for brokers who
falsely give delivery dates, then hold carrier/driver hostage for days
and refuse to pay layover or adequate layover. . . . [and] a category
for receivers who likewise set appointments, then tell driver they
won't get trailer back for days.'' Thorne also suggested that the
database include ``a section for lumper violations.''
FMCSA is in the process of updating the NCCDB. The update will
include the option for the system user to select broker allegations
specific to property carriers when filing their complaint. FMCSA
appreciates the suggestions regarding adding an NCCDB complaint
category for receivers and lumpers; however, FMCSA is not currently
considering those additions.
On September 17, 2021, a private citizen, Matt Schulz (Schulz)
filed a comment in response to the September 3 Notice. In the comments,
Schulz raised concerns about FMCSA's failure to timely respond to his
complaint; and FMCSA's failure to investigate his complaint thoroughly.
FMCSA appreciates the comment; however, the comment does not
pertain to this Information Collection Renewal request. FMCSA will
strive to respond to every complaint promptly, thoroughly investigate
all valid complaints, and initiate enforcement action when applicable.
On October 26, 2021, the Transportation Intermediaries Association
(TIA) filed a comment (TIA comment) in response to the September 3
Notice. TIA raised concerns about FMCSA's lack of enforcement for
unlawful brokerage activities. TIA indicated that it ``knows of several
dozen complaints that have been reported to the Agency through the
NCCDB for unlawful brokerage activities, with no enforcement action
taken.'' TIA comment, at 3-4. TIA recommended that the ``Agency amend
the user interface for the NCCDB to make it easier for folks to file
complaints with the Agency.'' Id. at 4. TIA noted that ``there is not a
place for licensed property brokers to easily
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identify areas to make a complaint.'' Id. Additionally, TIA stated that
it ``stands ready to work with the Agency to make the NCCDB a useful
tool to identify bad actors whether it be a motor carrier, a broker, or
another entity, and use that information to take the necessary
enforcement action.'' Id.
As previously mentioned, FMCSA is in the process of updating the
NCCDB to include its interface. FMCSA is hopeful that the update to the
interface will make it easier for system users to file complaints in
the NCCDB. The update will also include the option for the system user
to select broker allegations specific to property carriers when filing
their complaint. FMCSA will strive to respond to every complaint
promptly, thoroughly investigate all valid complaints, and initiate
enforcement action when applicable.
On November 2, 2021, the Owner-Operator Independent Drivers
Association, Inc (OOIDA) filed a comment (OOIDA comments) in response
to the September 3 Notice. In its comments, OOIDA acknowledged that the
``Information Collection Request is necessary for the agency to perform
its mission. . .'' OOIDA comments, at 2. However, OOIDA indicated that
``[a]s currently administered, the NCCDB is an inadequate outlet for
drivers to report harassment, coercion, and other violations of
commercial regulations.'' Id. at 1. Moreover, OOIDA raised concerns
about the Agency's response to complaints, insufficient follow-up with
drivers after filing complaints, the ambiguity of the name ``National
Consumer Complaint Database,'' and FMCSA's lack of outreach to drivers
informing them about the NCCDB. Id. at 1-2. Finally, OOIDA
``encourage[d] FMCSA to collaborate with GAO so overdue changes to the
NCCDB can be made as soon as possible.'' Id. at 2.
As previously mentioned, FMCSA is in the process of updating the
NCCDB. FMCSA is hopeful that the update will improve the adequacy of
the database and allow drivers to report harassment, coercion, and
additional violations of commercial regulations. FMCSA is not currently
considering changing the National Consumer Complaint Database's name.
The National Consumer Complaint Database, commonly referred to as the
NCCDB, is a well-known and highly frequented database that consumers,
brokers, motor carriers, and industry personnel use. In 2021, the
database received over 18,000 complaints. Therefore, FMCSA does not
believe that there is a stakeholder awareness problem due to the name
of the database. FMCSA looks forward to continuing to hear OOIDA's
perspective on the name of the database and categories within it and
will strive to respond to every complaint promptly, thoroughly
investigate all valid complaints, and initiate enforcement action when
applicable.
FMCSA looks forward to continuing to work with stakeholders on
issues related to the NCCDB.
Title: National Consumer Complaint Database.
OMB Control Number: 2126-0067.
Type of Request: Information collection request renewal.
Respondents: Consumers, Drivers, and Other Participants in the
Motor Carrier Industry.
Estimated Number of Respondents: 18,546.
Estimated Time per Response: 15 minutes.
Expiration Date: February 28, 2022.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 4,638 hours [18,546 respondents x 1
response per respondent x 15 minutes per response = 4,638]. Note that
estimates may not match exactly due to rounding.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022-03781 Filed 2-22-22; 8:45 am]
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