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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: 14 December 2023
Subjects: American Government , Safety

[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; 
pearlie.robinson@dot.gov.

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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