30-day FR for 2126-0009

Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing.
Comments received after the comment
closing date will be included in the
docket and will be considered to the
extent practicable.
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.

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Background
FMCSA registers for-hire motor
carriers of regulated commodities and of
passengers under 49 U.S.C. 13902(a);
surface freight forwarders under 49
U.S.C. 13903; property brokers under 49
U.S.C. 13904; and certain Mexico
domiciled motor carriers under 49
U.S.C. 13902(c). These motor carriers
may conduct transportation services in
the United States only if they are
registered with FMCSA. Each
registration is effective from the date
specified and remains in effect for such
period as the Secretary of
Transportation (Secretary) determines
by regulations.
Prior to 2015, all entities seeking
authority (both first-time applicants and
registered entities seeking additional
authorities) were required to apply for
such authority using the OP–1 series of
forms, including OP–1, OP–1(P), OP–
1(FF), OP–1(NNA), and OP–1(MX) (for
Mexico-domiciled carriers only).
The final rule titled ‘‘Unified
Registration System,’’ (78 FR 52608)
dated August 23, 2013, implemented
statutory provisions for an online
registration system for entities that are
subject to FMCSA’s licensing,
registration, and certification
regulations. The Unified Registration
System (URS) streamlines the
registration process and serves as a
clearinghouse and repository of
information on motor carriers, brokers,
freight forwarders, intermodal
equipment providers, hazardous
materials safety permit applicants, and
cargo tank facilities required to register
with FMCSA. When developing URS,
FMCSA planned that the OP–1 series of
forms—except for OP–1(MX)—would
ultimately be folded into one
overarching electronic application
(MCSA–1) which would be used by all
motor carriers seeking authority.

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FMCSA began a phased rollout of
URS in 2015. The first phase, which
went into effect on December 12, 2015,
impacted only first-time applicants
seeking an FMCSA-issued registration.
FMCSA had planned subsequent rollout
phases for existing registrants; however,
there were substantial delays, and
subsequent phases have not been rolled
out to date.
On January 17, 2017, FMCSA issued
a final rule titled ‘‘Unified Registration
System; Suspension of Effectiveness,’’
which indefinitely suspended URS
effective dates for existing registrants
only (82 FR 5292). Pursuant to this final
rule, FMCSA is still accepting forms
OP–1, OP–1(P), OP–1(FF), and OP–
1(NNA) for existing registrants wishing
to apply for additional authorities.
Separately, FMCSA requires Form OP–
1(MX) for new and existing Mexicodomiciled motor carriers that wish to
operate beyond the U.S. municipalities
on the U.S.-Mexico border and their
commercial zones. Information
collected through URS, utilizing the
MCSA–1, does not include registration
form OP–1(MX), which continues to
remain a paper form outside URS.
Forms in the OP–1 series request
information to identify the applicant,
the nature and scope of its proposed
operations, a narrative description of the
applicant’s safety policies and
procedures, and information regarding
the drivers and vehicles it plans to use
in U.S. operations. The OP–1 series also
requests information on the applicant’s
familiarity with relevant safety
requirements, the applicant’s
willingness to comply with those
requirements during its operations, and
the applicant’s willingness to meet any
specific statutory and regulatory
requirements applicable to its proposed
operations. Information collected
through these forms aids FMCSA in
determining the type of operation a
company may run, the cargo it may
carry, and the resulting level of
insurance coverage the applicant will be
required to obtain and maintain to
continue its operating authority.
Changes From Previous Estimates
The currently approved version of
this ICR estimated the average annual
burden to be 162,476 annual burden
hours, with 81,209 total annual
respondents. For this renewal the
estimated average annual burden is
318,656, with 159,312 total average
annual respondents. The annual burden
hourly increase of 156,180 is due to an
increase in the number of entities that
registered 2020 through 2022 and were
required to obtain operating authority
registration. The average number of

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entities which registered in the threeyear period 2020 and 2022 increased by
96 percent compared to the number that
registered 2017 through 2019.
Title: Licensing Applications for
Motor Carrier Operating Authority.
OMB Control Number: 2126–0016.
Type of Request: Renewal of a
currently approved ICR.
Respondents: Carrier compliance
officer or equivalent from motor
carriers, motor passenger carriers,
freight forwarders, brokers, and certain
Mexico-domiciled motor carriers subject
to FMCSA’s licensing, registration, and
certification regulations.
Estimated Number of Respondents:
159,312.
Estimated Time per Response: 2 hours
for forms OP–1, OP–1(P) and OP–1(FF);
4 hours for forms OP–1(MX) and OP–
1(NNA).
Expiration Date: May 31, 2024.
Frequency of Response: Other (as
needed).
Estimated Total Annual Burden:
318,656.
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. 2023–27455 Filed 12–13–23; 8:45 am]
BILLING CODE 4910–EX–P

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
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

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86724

Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices

SUMMARY:

Background

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
× 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).

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 (§ 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 § 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

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.

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FOR FURTHER INFORMATION CONTACT:

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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.

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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
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]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0159]

Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Inspection,
Repair and Maintenance
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

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. The information collection
concerns records of inspection, repair,
and maintenance of commercial motor
vehicles (CMVs). FMCSA is seeking to
renew an ICR titled, ‘‘Inspection, Repair
and Maintenance.’’
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.
SUMMARY:

Mr.
Jose R. Cestero, Vehicle and Roadside
Operations Division, DOT, FMCSA,
West Building, 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590; 202–366–5541; jose.cestero@
dot.gov.

FOR FURTHER INFORMATION CONTACT:

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SUPPLEMENTARY INFORMATION:

Title: Inspection, Repair and
Maintenance.
OMB Control Number: 2126–0003.
Type of Request: Renewal of a
currently approved information
collection.

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Respondents: Motor carriers and CMV
drivers.
Estimated Number of Respondents:
757,652 motor carriers and 5,646,722
drivers.
Estimated Time per Response: Varies
according to the requirements for
specific records.
Expiration Date: December 31, 2023.
Frequency of Response: Varies
according to requirements for specific
records.
Estimated Total Annual Burden:
19,103,153 hours [14,602,802 hours for
inspection, repair, and maintenance +
3,516,342 hours for driver inspection
reports + 161,528 hours for disposition
of roadside inspection reports + 777,864
hours for periodic inspections + 23,571
hours for records of inspector
qualifications + 21,046 hours for records
of brake inspector qualifications].
Background
The Secretary of Transportation
(Secretary) is authorized under the
provisions of 49 U.S.C. 31502 to
prescribe requirements for, among other
things, safety of operations of
equipment of motor carriers that operate
CMVs in interstate commerce. Under 49
U.S.C. 31136, the Secretary also has
authority to prescribe regulations to
ensure that CMVs are maintained,
equipped, loaded, and operated safely.
Under 49 U.S.C. 31142 the Secretary
must establish standards for annual or
more frequent inspections of CMVs. The
Secretary’s authority to establish
improved standards or methods to
ensure brakes and brake systems of
CMVs are inspected by appropriate
employees and maintained properly is
provided under 49 U.S.C. 31137(g).
Motor carriers must maintain, or
require maintenance of, records
documenting the inspection, repair and
maintenance activities performed on
their owned and leased vehicles. There
are no prescribed forms. Electronic
recordkeeping is allowed (see 49 Code
of Federal Regulations (CFR) 390.31(d)).
Documents requiring a signature must
be capable of replication (e.g.,
photocopy, facsimile, etc.) in such form
that will provide an opportunity for
signature verification upon demand.
Also, if electronic recordkeeping is
used, all the relevant data on the
original documents must be included in
the electronic transmission for the
records to be valid.
Most motor carriers would keep some
records without any regulatory
requirements to do so. Records of
inspection, repair, and maintenance;
roadside inspection reports; driver

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vehicle inspection reports; the
documentation of periodic inspections;
the evidence of the qualifications of
individuals performing periodic
inspections; and the evidence of brake
inspectors’ qualifications contain the
minimum amount of information
necessary to document that a motor
carrier has established a system of
inspection, repair, and maintenance for
its equipment which meets the
standards in 49 CFR part 396.
FMCSA and its representatives use
these records to verify motor carriers’
compliance with the inspection, repair,
and maintenance standards in part 396.
This ICR supports DOT’s strategic goal
of safety. The ICR also ensures that
motor carriers have adequate records to
document the inspection, repair, and
maintenance of their CMVs, and to
ensure that adequate measures are taken
to keep their CMVs in safe and proper
operating condition at all times.
Compliance with the inspection, repair,
and maintenance regulations helps to
reduce the likelihood of accidents
attributable, in whole or in part, to the
mechanical condition of the CMV.
This ICR submittal includes updated
data regarding the number of motor
carriers subject to the Federal Motor
Carrier Safety Regulations, vehicle
counts, inspections, and other
underlying data used to estimate the
total burden hours.
If the recordkeeping were required to
be completed less frequently, it would
greatly hinder the ability of FMCSA and
State officials and representatives to
ascertain that CMVs are satisfactorily
maintained. The timely documentation
of CMV inspection, repair, and
maintenance enables FMCSA and State
officials to evaluate the present state of
a motor carrier’s CMV maintenance
program and to check the current level
of regulatory compliance at any point in
a carrier’s maintenance schedule or
program.
FMCSA has identified periodic
inspection standards of 22 States, the
District of Columbia, the Alabama
Liquefied Petroleum Gas Board, 10
Canadian Provinces, and one Canadian
Territory that are comparable to, or as
effective as, the Federal periodic
inspection requirements. FMCSA does
not require Federal periodic inspections
and the related recordkeeping for motor
carriers that comply with these
equivalent periodic inspection
programs. FMCSA is not aware of any
other duplicative standards or
recordkeeping requirements that apply
to motor carriers.

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