NCCDB Supporting Statement With Comments and Responses

_{Department of Transportation}

Office of the Chief Information Officer

SUPPORTING STATEMENT

National Consumer Complaint Database

INTRODUCTION

This is to request the Office of Management and Budget’s (OMB) three-year approval for the information collection request (ICR) entitled, “National Consumer Complaint Database,” (NCCDB), which is an online interface used by consumers, drivers, and others associated with the motor carrier industry to file complaints regarding household goods carriers, third party intermediaries and their financial responsibility providers, hazardous material (HM) carriers, property carriers, cargo tank facilities, and passenger carriers.

Part A. Justification

1. CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY
   
   

FMCSA maintains online information and resources to assist consumers, drivers, and others associated with the motor carrier industry to file complaints regarding household goods carriers, third party intermediaries (brokers and freight forwarders) and their financial responsibility providers, hazardous material (HM) carriers, property carriers, cargo tank facilities, and passenger carriers. When effectively applied, this information can contribute to safer motor carrier operations on our nation’s highways and improved consumer protection, including in connection with Americans with Disabilities Act (49 CFR Parts 37 and 38) compliance. This online interface is known as the National Consumer Complaint Database (NCCDB).

The U.S. Department of Transportation (DOT) also maintains reporting and other requirements for over-the-road buses (OTRBs) under its Americans with Disabilities Act (ADA) regulations in the NCCDB. (For a complete listing of the DOT's ADA regulations see 49 CFR Parts 37 and 38.)

The NCCDB grew out of a telephone hotline, mandated by Section 4017 of the “Transportation Equity Act of the 21st Century,” Pub. L. 105-178, 112 Stat. 107, June 9, 1998 (Attachment A). The Motor Carrier Safety Improvement Act of 1999, Pub. L. 106-159, 113 Stat. 1748, December 9, 1999 (Attachment B) created the Federal Motor Carrier Safety Administration and Section 213 of that 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 (FMCSRs). (Attachment C). While FMCSA has been administering the NCCDB since 2006, the Agency did not engage in the ICR approval process until 2016. The Agency understands that, in the future, it needs to publish an ICR prior to a collection of information.

2. HOW, BY WHOM, AND FOR WHAT PURPOSE IS THE INFORMATION USED
   
   

The NCCDB allows the public and FMCSA staff to submit complaints using an online form which lists individual violations of the Federal Motor Carrier Safety, Hazardous Material, and Commercial Regulations. The data collected by this system is used by FMCSA enforcement staff and state agencies to, among other things: help improve motor carrier safety enforcement; improve consumer protection by ensuring that moving companies use fair business practices; and identify and address passenger carrier discrimination and service issues.

Complainants may visit the NCCDB online at http://nccdb.fmcsa.dot.gov, where they will be guided through the process of filing a complaint. For example, passengers wishing to file a complaint of discrimination against a non-ADA compliant bus company would click on the “Consumer” button, which would take them to a page with three complaint type options. By clicking on the “Bus Complaint” option, they may select up to four already listed complaint areas, one of which is the ADA. The online interface then leads them through the process by soliciting information about the incident giving rise to the complaint, contact information for the complainant (for follow up purposes), and company information. They also have the ability to upload supporting files/documents if any exist. At the end of the process, each complaint is submitted to the NCCDB, where it is directed to the proper FMCSA or DOT office for investigation.

3. EXTENT OF AUTOMATED INFORMATION COLLECTION
   
   

The NCCDB is a completely automated system, and could conceivably be used for all complaints. Consumers may file the complaint on-line, in writing or via telephone. However, those submitted in writing will be entered in the online interface by a contractor. Likewise, those calling the hotline will reach a contractor who will walk them through the process using the online interface. All complaints will be maintained in one database. Complaints will be utilized to investigate alleged violations of FMCSA and DOT regulations. The complaint data may also be used for analytical and statistical purposes.

4. EFFORTS TO IDENTIFY DUPLICATION

There are no similar filings made with any other Federal agency or within the Department of Transportation which would result in duplication of this information.

5. EFFORTS TO MINIMIZE THE BURDEN ON SMALL BUSINESSES

FMCSA took actions to minimize the burden on small business by including on its website resources to assist the public in filing the appropriate complaint. FMCSA’s website contains valuable information that will reduce the burden of additional research to accurately complete the NCCDB complaint form. Resources are available to assist in completing the complaint form concerning complaints in the following areas:

Truck Safety

Truck operations in violation of the Federal Motor Carrier Safety Regulations

Example: Engaging in operations in violation of the hours of service regulations.

Moving Company

Example: My household goods are being held hostage by a moving company

Broker (arranges transportation)

Example: The broker did not arrange the transportation of my household goods and was a party to my shipment being held hostage.

Americans with Disabilities Act (ADA)

A violation of the Americans with Disabilities Act on a bus

Example: I was denied access because the wheelchair lift was broken.

Bus Safety

Vehicle condition or unsafe behavior by a bus, limousine, or motor coach driver

Example: My bus driver was sending text messages while driving the bus.

Bus Service

Inadequate service from a bus, limousine or motor coach company

Example: The bus company lost my luggage.

Cargo Tank Facility

Unsafe manufacturing, inspection or repair practices

Example: My cargo tank periodic inspection was performed by an unqualified inspector.

Hazardous Materials

A violation of the Hazardous Materials Regulations by a motor carrier

Example: The motor carrier delivered a package of leaking Hazardous materials to my office.

6. IMPACT OF LESS FREQUENT COLLECTION OF INFORMATION

FMCSA is not in a position to consider less frequent collection of information as the Agency is not requiring the submission of information at specified intervals. The information collection is driven by the complainants and they file complaints as needed. Fewer complaints mean less information that the Agency can use to form the basis for investigations, which could lead to fewer investigations/discoveries of regulatory violations.

7. SPECIAL CIRCUMSTANCES

There are no special circumstances related to this ICR.

8. COMPLIANCE WITH 5 CFR 1320.8:

On November 29, 2016, FMCSA published a notice in the Federal Register (81 FR 86068) (Attachment D) with a 60-day comment period announcing its intention to seek OMB review and approval for this ICR. One comment was received in response to this notice.

On January 31, 2018, FMCSA published a notice in the Federal Register (83 FR 4540) (Attachment E) with a 30-day comment period that announced that FMCSA was sending this ICR to OMB for approval. While FMCSA understands that a shorter time lag between Federal Register notices would have been preferable, the Agency believes that it completely addressed the public comments in its 30-day notice and stakeholder concerns with the ICR have been resolved.

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.

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 coercion² 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.

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 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.

9. PAYMENT OF GIFTS TO RESPONDENT

There are no payments or gifts to respondents for this information collection.

10. ASSURANCE OF CONFIDENTIALITY

The collection of information will be kept private to the extent allowed under the Freedom of Information Act, the Privacy Act, and any other applicable Federal law.

11. JUSTIFICATION FOR COLLECTION OF SENSITIVE INFORMATION

The information requested and collected is not of a sensitive nature.

12. ESTIMATE OF BURDEN HOURS FOR INFORMATION REQUESTED

This section covers Consumers, Drivers and others associated with the Motor Carrier Industry.

• Moving Complaint

Moving Company (Household Goods)

Broker (Arranges Transportation)

Auto Hauler

Coercion for refusing to Commit Violation

Harassment for Refusing to Commit an Hours of Service Violation

Deceptive Business Practices

Operating Authority and Insurance

Financial Responsibility

• Truck Complaint

Truck Safety

Drug and Alcohol

Coercion for Refusing to Commit Violation

Harassment for Refusing to Commit an Hours of Service Violation

Cargo Tank Facility

Hazardous Materials

Termination for Refusing to Commit Violation

Deceptive Business Practices

Operating Authority

• Bus Complaint

Bus Safety

Drug and Alcohol

Coercion for Refusing to Commit Violation

Harassment for Refusing to Commit an Hours of Service Violation

Termination for Refusing to Commit Violation

Operating Authority and Insurance

Americans with Disabilities Act (ADA)

FMCSA will use three online forms, Moving Complaint, Truck Complaint, and Bus Complaint, to collect information from respondents. Each of the three forms is completed on an as-needed basis. The forms require basic information from the complainant including the complainant’s name, the entity’s name, description of the complaint including the alleged violation of FMCSA regulations and the complainant’s contact information. The total annual burden requested for the period covered by this ICR is 3,041 hours at an annual burden hour cost to respondents of $107,292.

To calculate burden hour and cost estimates, we make the following assumptions:

• A total of 7,777 responses will be filed during the first year covered by this ICR.³

• Moving Complaints will account for 66% of responses filed, Truck Complaints will account for 28.4%, and Bus Complaints will account for 5.6%.⁴

• One complaint will be filed by a single complainant.⁵

• The number of responses filed will increase 48.6% year-over-year.⁶

• The average hourly cost to respondents is $35.28 per hour.⁷

Moving Complaint

As shown in Table 1, this information collection is expected to result in 8,030 annual responses filed on behalf of 8,030 respondents, resulting in 2,008 annual burden hours at a cost of $70,829.

During the first year covered by this ICR, FMCSA estimates 5,134 Moving Complaint responses (7,777 total responses × 66% = 5,134 Moving Complaints) will be filed on behalf of 5,134 respondents. An FMCSA employee with knowledge of the program estimated that any user would be able to complete the collection in 15 minutes, given the minimal amount of required information. Each respondent will spend 15 minutes completing a response, resulting in a total of 1,284 burden hours (5,134 respondents × 15 minutes = 1,284 hours). Each respondent will incur a cost of $8.82 ($35.28 per hour × 15 minutes = $8.82). The total annual respondent cost during the first year is $45,282 ($35.28 per hour × 1,284 hours = $45,282). We estimate the number of responses filed during the following years will increase by 48.6% year-over-year.

Table 1. Moving Complaint Respondents and Burden Hour Estimates*

Year	Number of Responses	Number of Respondents	Average Burden per Response	Total Burden Hours	Total Respondent Cost
1	5,134	5,134	15 minutes	1,284	$45,282
2	7,627	7,627	15 minutes	1,907	$67,270
3	11,330	11,330	15 minutes	2,833	$99,935
Total	24,091	24,091	-	6,023	$212,487
Annualized	8,030	8,030	-	2,008	$70,829

* Estimates may not total due to rounding.

Truck Complaint

As shown in Table 2, the Truck Complaint information collection is expected to result in 3,449 annual responses filed on behalf of 3,449 respondents, resulting in 862 annual burden hours costing respondents $30,423.

During the first year covered by this ICR, FMCSA estimates 2,205 Truck Complaint responses (7,777 total responses × 28.4% = 2,205 Truck Complaints) will be filed on behalf of 2,205 respondents. Each respondent will spend 15 minutes completing a response, resulting in a total of 551 burden hours (2,205 respondents × 15 minutes = 551 hours). The cost per respondent is $8.82 ($35.28 per hour × 15 minutes = $8.82). During the first year, the total annual respondent cost is $19,450 ($35.28 per hour × 551 hours = $19,450). We estimate the number of responses filed during the following years will increase by 48.6% year-over-year.

Table 2. Truck Complaint Respondents and Burden Hour Estimates*

Year	Number of Responses	Number of Respondents	Average Burden per Response	Total Burden Hours	Total Respondent Cost
1	2,205	2,205	15 minutes	551	$19,450
2	3,276	3,276	15 minutes	819	$28,894
3	4,867	4,867	15 minutes	1,217	$42,925
Total	10,348	10,348	-	2,587	$91,269
Annualized	3,449	3,449	-	862	$30,423

* Estimates may not total due to rounding.

Bus Complaint

As shown in Table 3, the Bus Complaint information collection is expected to result in 685 annual responses filed on behalf of 685 respondents, resulting in 171 annual burden hours costing respondents $6,040.

During the first year covered by this ICR, FMCSA estimates 438 Bus Complaint responses (7,777 total responses × 5.6% = 438 Bus Complaints) will be filed on behalf of 438 respondents. Each respondent will spend 15 minutes completing a response, resulting in a total of 109 burden hours (438 respondents × 15 minutes = 109 hours). The cost per respondent is $8.82 ($35.28 per hour × 15 minutes = $8.82). During the first year, the total annual respondent cost is $3,861 ($35.28 per hour × 109 hours = $3,861). We estimate the number of responses filed during the following years will increase by 48.6% year-over-year.

Table 3. Bus Complaint Respondents and Burden Hour Estimates*

Year	Number of Responses	Number of Respondents	Average Burden per Response	Total Burden Hours	Total Respondent Cost
1	438	438	15 minutes	109	$3,861
2	650	650	15 minutes	163	$5,736
3	966	966	15 minutes	242	$8,522
Total	2,054	2,054	-	514	$18,119
Annualized	685	685	-	171	$6,040

* Estimates may not total due to rounding.

We estimate the three information collections covered by this ICR will result in an annualized total of 12,165 responses filed by 12,165 respondents. The 3,041 annual burden hours will cost respondents $107,292 (Table 4).

Table 4. Total Respondents and Burden Hour Estimates*

Year	Number of Responses	Number of Respondents	Average Burden per Response	Total Burden Hours	Total Respondent Cost
1	7,777	7,777	15 minutes	1,944	$68,593
2	11,553	11,553	15 minutes	2,888	$101,900
3	17,163	17,163	15 minutes	4,291	$151,381
Total	36,494	36,494	-	9,123	$321,875
Annualized	12,165	12,165	-	3,041	$107,292

* Estimates may not total due to rounding.

Estimated Total Annual Responses: 12,165 responses [8,030 Moving Complaints + 3,449 Truck Complaints + 685 Bus Complaints].

Estimated Total Annual Respondents: 12,165 respondents [8,030 Moving Complaints respondents + 3,449 Truck Complaints respondents + 685 Bus Complaints respondents].

Estimated Total Annual Burden Hours: 3,041 hours [2,008 Moving Complaint hours + 862 Truck Complaint hours + 171 Bus Complaint hours].

Estimated Total Annual Burden Costs: $107,292 [$70,829 Moving Complaint + $30,423 Truck Complaint + $6,040 Bus Complaint].

13. ESTIMATE OF TOTAL ANNUAL COSTS TO RESPONDENTS

FMCSA estimates that there are no annual costs other than those discussed above.

14. ESTIMATE OF COST TO THE FEDERAL GOVERNMENT

The contract for the NCCDB is identified as a Firm Fixed Price Contract. The total price of the contract which includes a base year and four (4) option years is $3,292,247.84. The total per year cost to the government is $658,449.57. The cost to the Federal government includes overhead cost, labor cost and other direct cost.

Estimate of Annual Cost to Federal Government: $658,450 [$3,292,247.84 for Firm Fixed Price Contract for the NCCDB/ 5-year timeframe = $658,449.57 rounded to $658,450].

15. EXPLANATION OF PROGRAM CHANGES OR ADJUSTMENTS

This is a new program.

16. PUBLICATION OF RESULTS OF DATA COLLECTION

The complaint data may be used for analytical, statistical, enforcement and other necessary internal and external purposes, including rulemaking.

17. APPROVAL FOR NOT DISPLAYING THE EXPIRATION DATE OF OMB APPROVAL
    
    

FMCSA is not seeking approval to not display the expiration date for OMB approval of the information.

17. EXCEPTIONS TO CERTIFICATION STATEMENT
    
    

There are no exceptions to the certification statement.

ATTACHMENTS:

1. Section 4017 of the “Transportation Equity Act of the 21st Century,” Pub. L. 105-178, 112 Stat. 107, June 9, 1998.

2. Section 213 of “The Motor Carrier Safety Improvement Act of 1999,” Pub. L. 106-159, 113 Stat. 1748, December 9, 1999.

3. Section 4214 of the Safe, Accountable, and Flexible Transportation Equity Act: A Legacy for Users, (SAFETEA-LU), Public Law 109-59, 119 Stat. 1144, August 10, 2005.

4. 60-day Comment Request Federal Register Notice, (81 FR 86068), November 29, 2016.

5. 30-day Comment Request Federal Register Notice, (83 FR 4540), January 31, 2018.

6. Screen shots of the NCCDB showing main (entry) page and sample pages for each category of complainant (consumer/driver/industry).

Attachments: Consumer, Driver, and Industry

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.

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)

3 FMCSA uses FY2016 as a base year. In FY2016, 7,777 responses were filed.

4 This estimate is based on responses collected during previous years.

5 One individual may file more than one complaint. For the purposes of this ICR, we assume each complaint represents one complainant.

6 The number of responses increased from 5,235 in FY2015 to 7,777 in FY2016, an increase of 48.6%.

7 Bureau of Labor Statistics. Employer Costs for Employee Compensation—June 2017, www.bls.gov/news.release/pdf/ecec.pdf. Accessed October 25, 2017.

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