Agency Information Collection Activities; Renewal of a Currently-Approved Information Collection Request: Licensing Applications for Motor Carrier Operating Authority, 66452-66453 [2019-26193]

Download as PDF 66452 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). The four individuals listed in this notice have requested renewal of their exemptions from the hearing standard in § 391.41(b)(11), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period. khammond on DSKJM1Z7X2PROD with NOTICES III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to revoke the exemption of a driver. IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the four applicants has satisfied the renewal conditions for obtaining an exemption from the hearing requirement. The four drivers in this notice remain in good standing with the Agency. In addition, for Commercial Driver’s License (CDL) holders, the Commercial Driver’s License Information System and the Motor Carrier Management Information System are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency. These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of these drivers for a period of 2 years is likely to achieve a level of safety equal to that existing without the exemption. As of November 15, 2019, and in accordance with 49 U.S.C. 31136(e) and VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 31315(b), the following four individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Daniel T. Harnish (UT) Tami S. Richardson-Nelson (NE) Anthony J. Saive (OH) Jennifer L. Valentine (TX) The drivers were included in docket number FMCSA–2014–0383 or FMCSA– 2014–0387 or FMCSA–2015–0325. Jennifer Valentine was previously published under the name Jennifer Campbell. Their exemptions are applicable as of November 15, 2019, and will expire on November 15, 2021. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must report any crashes or accidents as defined in § 390.5; and (2) report all citations and convictions for disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver prohibited from operating a motorcoach or bus with passengers in interstate commerce. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (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 before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). 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 four exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in § 391.41(b)(11). In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for two years unless revoked earlier by FMCSA. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 Issued on: November 26, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–26184 Filed 12–3–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0201] Agency Information Collection Activities; Renewal of a CurrentlyApproved Information Collection Request: Licensing Applications for Motor Carrier Operating Authority Federal Motor Carrier Safety Administration (FMCSA), 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 collected will be used to help ensure that motor carriers of passengers and property maintain appropriate levels of financial responsibility to continue their operating authority. DATES: We must receive your comments on or before January 3, 2020. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2019–0201. 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. In the 60-day Federal Register notice (84 FR 48000) published on September 11, 2019 FMCSA received 0 comments. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of Registration and Safety Information, Chief, Registration, Licensing and Insurance Division, Department of Transportation, Federal Motor Carrier Safety Administration, SUMMARY: E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 84, No. 233 / Wednesday, December 4, 2019 / Notices West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202–385–2367; email: jeff.secrist@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Title: Licensing Applications for Motor Carrier Operating Authority. OMB Control Number: 2126–0016. Type of Request: Renewal of a currently approved collection. 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: 73,538. 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: January 31, 2020. Frequency of Response: Other (as needed). Estimated Total Annual Burden: 147,124 hours. khammond on DSKJM1Z7X2PROD with NOTICES 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 Mexicodomiciled 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 VerDate Sep<11>2014 21:17 Dec 03, 2019 Jkt 250001 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 form (MCSA–1), which would be used by all motor carriers seeking authority. FMCSA began a phased rollout of URS in 2015. The first phase, which went into effect on December 12, 2015, impacts only first-time applicants seeking an FMCSA-issued registration. FMCSA had planned subsequent rollout phases for existing registrants; however, there have been 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 effectiveness 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 Mexico-domiciled carriers that wish to operate beyond the U.S. municipalities on the U.S.-Mexico border and their commercial zones. 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. hours, with 73,538 total annual respondents. The program change increase of 122,271 estimated annual burden hours and 36,298 respondents is due to a change in assumptions and circumstances. In the previously approved ICR, FMCSA calculated the burden estimate for forms OP–1, OP–1(P), OP–1(FF), and OP–1(NNA) for only 1 year, because the Agency expected that all motor carriers would begin using Form MCSA–1 via URS beginning in 2017. However, as discussed above, FMCSA has experienced delays in rolling out Phase II of URS (which applies to existing registrants) and has indefinitely suspended the effective date of URS requirements for such entities. Until further notice, existing registrants must still use the OP–1 series of forms to apply for additional authorities. FMCSA is assuming that this will be the case for the 3-year period covered by this ICR. This has resulted in an increase in the number of annual responses and burden hours. As described above, only first-time applicants seeking an FMCSA-issued registration must apply via URS. Under URS, all forms in the OP–1 series, except OP–1(MX), are folded into Form MCSA–1. Information collection activities associated with MCSA–1 are covered under a different ICR, titled ‘‘FMCSA Registration/Updates,’’ OMB Control Number 2126–0051. 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 it’s 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: November 27, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–26193 Filed 12–3–19; 8:45 am] BILLING CODE 4910–EX–P Changes From Previous Estimates The previously approved version of this ICR estimated the average annual burden to be 24,853 hours, with 37,240 total annual respondents. The current ICR estimates 147,124 annual burden PO 00000 Frm 00080 Fmt 4703 Sfmt 9990 66453 E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66452-66453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26193]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0201]


Agency Information Collection Activities; Renewal of a Currently-
Approved Information Collection Request: Licensing Applications for 
Motor Carrier Operating Authority

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 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 
collected will be used to help ensure that motor carriers of passengers 
and property maintain appropriate levels of financial responsibility to 
continue their operating authority.

DATES: We must receive your comments on or before January 3, 2020.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2019-0201. 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. In the 60-day Federal Register notice (84 FR 48000) published 
on September 11, 2019 FMCSA received 0 comments.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of 
Registration and Safety Information, Chief, Registration, Licensing and 
Insurance Division, Department of Transportation, Federal Motor Carrier 
Safety Administration,

[[Page 66453]]

West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 
20590. Telephone: 202-385-2367; email: [email protected]. Office 
hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal 
Holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Licensing Applications for Motor Carrier Operating 
Authority.
    OMB Control Number: 2126-0016.
    Type of Request: Renewal of a currently approved collection.
    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: 73,538.
    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: January 31, 2020.
    Frequency of Response: Other (as needed).
    Estimated Total Annual Burden: 147,124 hours.

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 form (MCSA-1), which would be used by all 
motor carriers seeking authority.
    FMCSA began a phased rollout of URS in 2015. The first phase, which 
went into effect on December 12, 2015, impacts only first-time 
applicants seeking an FMCSA-issued registration. FMCSA had planned 
subsequent rollout phases for existing registrants; however, there have 
been 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 effectiveness 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 Mexico-domiciled carriers that wish to operate beyond the 
U.S. municipalities on the U.S.-Mexico border and their commercial 
zones.
    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 previously approved version of this ICR estimated the average 
annual burden to be 24,853 hours, with 37,240 total annual respondents. 
The current ICR estimates 147,124 annual burden hours, with 73,538 
total annual respondents. The program change increase of 122,271 
estimated annual burden hours and 36,298 respondents is due to a change 
in assumptions and circumstances.
    In the previously approved ICR, FMCSA calculated the burden 
estimate for forms OP-1, OP-1(P), OP-1(FF), and OP-1(NNA) for only 1 
year, because the Agency expected that all motor carriers would begin 
using Form MCSA-1 via URS beginning in 2017. However, as discussed 
above, FMCSA has experienced delays in rolling out Phase II of URS 
(which applies to existing registrants) and has indefinitely suspended 
the effective date of URS requirements for such entities. Until further 
notice, existing registrants must still use the OP-1 series of forms to 
apply for additional authorities. FMCSA is assuming that this will be 
the case for the 3-year period covered by this ICR. This has resulted 
in an increase in the number of annual responses and burden hours.
    As described above, only first-time applicants seeking an FMCSA-
issued registration must apply via URS. Under URS, all forms in the OP-
1 series, except OP-1(MX), are folded into Form MCSA-1. Information 
collection activities associated with MCSA-1 are covered under a 
different ICR, titled ``FMCSA Registration/Updates,'' OMB Control 
Number 2126-0051.
    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 it's 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: November 
27, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2019-26193 Filed 12-3-19; 8:45 am]
BILLING CODE 4910-EX-P