Agency Information Collection Activities; Approval of a New Information Collection Request: National Consumer Complaint Database, 4540-4543 [2018-01941]
Download as PDF
<![CDATA[
4540
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On November 27, 2017, FMCSA
published a notice announcing receipt
of applications from two individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public 82
FR 56108. The public comment period
ended on December 27, 2017, and zero
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would achieve a level of
safety equivalent to or greater than the
level that would be achieved by
complying with the current regulation
49 CFR 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
sradovich on DSK3GMQ082PROD with NOTICES
III. Discussion of Comments
FMCSA received zero comments in
this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the epilepsy and
seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
In reaching the decision to grant these
exemption requests, FMCSA considered
the 2007 recommendations of the
1 See https://www.ecfr.gov/cgi-bin/textidx?SID=e47b48a9ea42dd67d999246e23
d97970&mc=true&node=pt49.5.391&rgn=div5#
ap49.5.391_171.a and https://www.gpo.gov/fdsys/
pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49vol5-part391-appA.pdf.
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
Agency’s Medical Expert Panel (MEP).
The January 15, 2013, Federal Register
notice (78 FR 3069) provides the current
MEP recommendations which is the
criteria the Agency uses to grant seizure
exemptions.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of each
applicant’s medical information,
including the root cause of the
respective seizure(s) and medical
information about the applicant’s
seizure history, the length of time that
has elapsed since the individual’s last
seizure, the stability of each individual’s
treatment regimen and the duration of
time on or off of anti-seizure
medication. In addition, the Agency
reviewed the treating clinician’s
medical opinion related to the ability of
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the Commercial
Driver’s License Information System
(CDLIS) for commercial driver’s license
(CDL) holders, and interstate and
intrastate inspections recorded in the
Motor Carrier Management Information
System (MCMIS). For non-CDL holders,
the Agency reviewed the driving records
from the State Driver’s Licensing
Agency (SDLA). A summary of each
applicant’s seizure history was
discussed in the November 27, 2017
Federal Register notice 82 FR 56108
and will not be repeated in this notice.
These two applicants have been
seizure-free over a range of 11 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last two years.
In each case, the applicant’s treating
physician verified his or her seizure
history and supports the ability to drive
commercially.
The Agency acknowledges the
potential consequences of a driver
experiencing a seizure while operating a
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the epilepsy and seizure disorder
prohibition in 49 CFR 391.41(b)(8) is
likely to achieve a level of safety equal
to that existing without the exemption.
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
and includes the following: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
two-year exemption period; (2) each
driver must submit annual reports from
their treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified Medical
Examiner, as defined by 49 CFR 390.5;
and (4) each driver must provide a copy
of the annual medical certification to
the employer for retention in the
driver’s qualification file, or keep a copy
of his/her driver’s qualification file if
he/she is self-employed. The driver
must also have a copy of the exemption
when driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the two
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, 49 CFR 391.41(b)(8), subject
to the requirements cited above: David
W. Pamperin (WI); Sury L. Seijas (CT).
In accordance with 49 U.S.C.
31315(b)(1), each exemption will be
valid for two years from the effective
date unless revoked earlier by FMCSA.
The exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: January 19, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–01933 Filed 1–30–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0407]
Agency Information Collection
Activities; Approval of a New
Information Collection Request:
National Consumer Complaint
Database
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
Notice and request for
comments.
ACTION:
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
review and approval and invites public
comment. This new collection of
information is for the National
Consumer Complaint Database
(NCCDB), which is an online interface
allowing consumers, drivers and others
to file complaints against unsafe and
unscrupulous motor carriers and/or
their employees. The NCCDB also
allows complaints to be filed about
shippers, receivers and transportation
intermediaries. Complaints cover a wide
range of issues, including but not
limited to safety, driver harassment,
coercion, movement of household goods
(HHG), financial responsibility
instruments for brokers and freight
forwarders, and Americans with
Disabilities Act (ADA) complaints.
DATES: Please send your comments by
March 2, 2018. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2016–0407. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
James Dubose, Department of
Transportation, Federal Motor Carrier
Safety Administration, 6th Floor, West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001.
Telephone: (215) 656–7259; Email:
james.dubose@dot.gov. Office hours are
from 9 a.m. to 5 p.m., Monday through
Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
Federal Register Notice and Summary
of Public Comment Received
On November 29, 2016, FMCSA
published a notice in the Federal
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
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
coercion 2 complaint which was entered
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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
4541
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
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).
E:\FR\FM\31JAN1.SGM
31JAN1
4542
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
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.
sradovich on DSK3GMQ082PROD with NOTICES
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;
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
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.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
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.
Background
The FMCSA maintains online
information and resources to assist
drivers, others in the motor carrier
industry and members of the public in
filing safety complaints regarding HHG
carriers, hazardous materials (HM)
carriers, property carriers, cargo tank
facilities, and passenger carriers. There
is also information pertaining to the
filing of complaints regarding brokers,
freight forwarders, and financial
responsibility. Finally, there is
information regarding consumer
complaints, particularly regarding HHG
transportation and ADA compliance.
This online interface is known as the
NCCDB. When effectively applied, the
NCCDB can contribute to safer motor
carrier operations on our nation’s
highways and improved consumer
protection.
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
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
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 the 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 will be
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 will also accept complaints
from interested parties regarding third
party intermediaries (brokers and freight
forwarders) and their associated
financial responsibility instruments.
Title: National Consumer Complaint
Database OMB Control Number: 2126–
NEW.
Type of Request: New information
collection.
Respondents: Consumers, Drivers,
and Others, Participants in the Motor
Carrier Industry.
Estimated Number of Respondents:
12,165 respondents [8,030 Moving
Complaint respondents + 3,449 Truck
Complaint respondents + 685 Bus
Complaint respondents].
Estimated Time per Response: 15
Minutes.
Expiration Date: N/A. This is a new
information collection.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
3,041 hours [8,030 Moving Complaint
respondents × 15 minutes = 2,008 hours;
3,449 Truck Complaint respondents ×
15 minutes = 863 hours; 685 Bus
Complaint respondents × 15 minutes =
171 hours].
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 FMCSA to
perform its functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority delegated in 49
CFR 1.87 on: January 23, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–01941 Filed 1–30–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0176]
Parts and Accessories Necessary for
Safe Operation; Daimler Trucks North
America LLC Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant Daimler
Trucks North America LLC’s (DTNA)
application for a limited 5-year
exemption allowing motor carriers
operating commercial motor vehicles
(CMVs) manufactured by the company
to use an Attention Assist and Lane
Departure Warning system camera
mounted lower in the windshield than
is currently permitted. The Agency has
determined that lower placement of the
Attention Assist and Lane Departure
Warning system camera would not have
an adverse impact on safety and that
adherence to the terms and conditions
of the exemption would achieve a level
of safety equivalent to or greater than
the level of safety provided by the
regulation.
SUMMARY:
This exemption is effective
February 1, 2018 and ending January 31,
2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
DATES:
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
4543
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. The online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA–
21) [Pub. L. 105–178, June 9, 1998, 112
Stat. 401] amended 49 U.S.C. 31315 and
31136(e) to provide authority to grant
exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs).
On August 20, 2004, FMCSA published
a final rule (69 FR 51589) implementing
section 4007. Under this rule, FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public with an opportunity to
inspect the information relevant to the
application, including any safety
analyses that have been conducted. The
Agency must also provide an
opportunity for public comment on the
request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
DTNA’s Application for Exemption
DTNA applied for an exemption from
49 CFR 393.60(e)(1) to allow an
Attention Assist and Lane Departure
Warning system camera to be mounted
lower in the windshield than is
currently permitted by the Agency’s
regulations in order to utilize a
mounting location that allows optimal
functionality of the system camera. A
copy of the application is included in
the docket referenced at the beginning
of this notice.
Section 393.60(e)(1)(i) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted on the
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4540-4543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01941]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0407]
Agency Information Collection Activities; Approval of a New
Information Collection Request: National Consumer Complaint Database
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 4541]]
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 review
and approval and invites public comment. This new collection of
information is for the National Consumer Complaint Database (NCCDB),
which is an online interface allowing consumers, drivers and others to
file complaints against unsafe and unscrupulous motor carriers and/or
their employees. The NCCDB also allows complaints to be filed about
shippers, receivers and transportation intermediaries. Complaints cover
a wide range of issues, including but not limited to safety, driver
harassment, coercion, movement of household goods (HHG), financial
responsibility instruments for brokers and freight forwarders, and
Americans with Disabilities Act (ADA) complaints.
DATES: Please send your comments by March 2, 2018. OMB must receive
your comments by this date in order to act quickly on the ICR.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2016-0407. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
[email protected], or faxed to (202) 395-6974, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT: James Dubose, Department of
Transportation, Federal Motor Carrier Safety Administration, 6th Floor,
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Telephone: (215) 656-7259; Email: [email protected]. Office hours
are from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Federal Register Notice and 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 coercion \2\ 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
[[Page 4542]]
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.
Background
The FMCSA maintains online information and resources to assist
drivers, others in the motor carrier industry and members of the public
in filing safety complaints regarding HHG carriers, hazardous materials
(HM) carriers, property carriers, cargo tank facilities, and passenger
carriers. There is also information pertaining to the filing of
complaints regarding brokers, freight forwarders, and financial
responsibility. Finally, there is information regarding consumer
complaints, particularly regarding HHG transportation and ADA
compliance. This online interface is known as the NCCDB. When
effectively applied, the NCCDB can contribute to safer motor carrier
operations on our nation's highways and improved consumer protection.
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
[[Page 4543]]
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 the 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
will be 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 will also accept
complaints from interested parties regarding third party intermediaries
(brokers and freight forwarders) and their associated financial
responsibility instruments.
Title: National Consumer Complaint Database OMB Control Number:
2126-NEW.
Type of Request: New information collection.
Respondents: Consumers, Drivers, and Others, Participants in the
Motor Carrier Industry.
Estimated Number of Respondents: 12,165 respondents [8,030 Moving
Complaint respondents + 3,449 Truck Complaint respondents + 685 Bus
Complaint respondents].
Estimated Time per Response: 15 Minutes.
Expiration Date: N/A. This is a new information collection.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 3,041 hours [8,030 Moving Complaint
respondents x 15 minutes = 2,008 hours; 3,449 Truck Complaint
respondents x 15 minutes = 863 hours; 685 Bus Complaint respondents x
15 minutes = 171 hours].
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 FMCSA to perform its functions; (2) the accuracy of the
estimated burden; (3) ways for the 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 delegated in 49 CFR 1.87 on: January
23, 2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-01941 Filed 1-30-18; 8:45 am]
BILLING CODE 4910-EX-P
