Notice2023-27459
Agency Information Collection Activities; Renewal of an Approved Information Collection: Inspection, Repair and Maintenance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 14, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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."
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 239 (Thursday, December 14, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86725-86726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27459]
-----------------------------------------------------------------------
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
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
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. 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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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: 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;
<a href="/cdn-cgi/l/email-protection#1872776b7d367b7d6b6c7d6a77587c776c367f776e"><span class="__cf_email__" data-cfemail="7a1015091f54191f090e1f08153a1e150e541d150c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Inspection, Repair and Maintenance.
OMB Control Number: 2126-0003.
Type of Request: Renewal of a currently approved information
collection.
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 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.
[[Page 86726]]
On September 25, 2023, FMCSA published a notice in the Federal
Register with a 60-day public comment period to announce this request
to update the information collection (88 FR 65764). The Agency received
one comment from Whip Around in response to the notice. Whip Around
provided general support for the ICR, however, they suggested the use
of electronic recordkeeping to reduce the need for frequent inspection,
repair, and maintenance.
While this comment does not impact the information collection,
FMCSA agrees with Whip Around's assessment that the process of
creating, obtaining, and retaining documents can be improved by
digitizing and automating vehicle inspection, repairs, and maintenance
recordkeeping. The Agency has actively pursued this objective, evident
by the amendment on December 16, 2015 (80 FR 78292). This amendment
established minimum performance and design standards for electronic
logging devices (ELDs) related to hours-of-service (HOS), mandating
their use for drivers preparing HOS records of duty status. The
amendment aims to enhance CMV safety, reduce paperwork burdens for
motor carriers and drivers, and improve compliance with applicable HOS
rules by promoting the use of ELDs.
Additionally, on April 16, 2018 (83 FR 16210), FMCSA introduced
amendments permitting the use of electronic records and signatures.
This aligned, in part, with the Government Paperwork Elimination Act
and the Electronic Signatures in Global and National Commerce Act, as
it only applies to those documents that FMCSA's regulations obligate
entities or individuals to retain. The amendment also updated
references to outdated recordkeeping and reporting methods throughout
chapter III of subtitle B of 49 CFR (49 CFR parts 300 through 399) to
make them technologically neutral.
FMCSA's ongoing efforts include projects related to providing data
electronically during roadside inspections. One such project is the
Operational Test of In-Motion CMV Inspections (Level VIII Inspections)
in collaboration with the Commercial Vehicle Safety Alliance, which was
noted by Whip Around in its comment. The project's goal is to transmit
data through the vehicle's telematics to roadside inspectors while the
vehicle is in motion. In addition to these efforts, the Agency will
continue to pursue opportunities to increase safety and reduce the
burden to motor carriers and CMV drivers.
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. 2023-27459 Filed 12-13-23; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 14, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.