Agency Information Collection Activities; Renewal Information Collection Request: National Consumer Complaint Database, 10277-10279 [2022-03781]
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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices
Comments on this notice must be
received on or before March 25, 2022.
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.
DATES:
Mr.
Lorenzo Allen, Lead Transportation
Specialist, Office of Registration &
Safety Information, West Building 6th
Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 385–2465,
lorenzo.allen@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Financial Responsibility Motor
Carriers, Freight Forwarders, and
Brokers.
OMB Control Number: 2126–0017.
Type of Request: Renewal.
Respondents: For-hire Motor Carriers,
Brokers, and Freight Forwarders.
Estimated Number of Respondents:
200,147.
Estimated Time per Response: The
estimated average burden per response
for Form BMC–40 is 40 hours. The
estimated average burden per response
for forms BMC–34, 35, 36, 82, 83, 84, 85,
91, and 91X is 10 minutes per form. In
addition, form BMC–32 takes 10
minutes.
Expiration Date: February 28, 2022.
Frequency of Response: Certificates of
insurance, surety bonds, and trust fund
agreements are required when the
transportation entity first registers with
FMCSA and then when such coverages
are changed or replaced by these
entities. Notices of cancellation are
required only when such certificates of
insurance, surety bonds, or trust fund
agreements are cancelled. The BMC–40
is filed only when a motor carrier or
freight forwarder seeks approval from
FMCSA to self-insure its bodily injury
and property damage (BI & PD) and/or
cargo liability coverage.
Estimated Total Annual Burden:
49,439 hours.
Background: The Secretary of
Transportation (Secretary) is authorized
to register for-hire motor carriers of
property and passengers under the
provisions of 49 U.S.C. 13902, surface
freight forwarders under the provisions
of 49 U.S.C. 13903, and property brokers
under the provisions of 49 U.S.C. 13904.
These persons may conduct
transportation services only if they are
registered pursuant to 49 U.S.C. 13901.
The registration remains valid only as
long as these transportation entities
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FOR FURTHER INFORMATION CONTACT:
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Jkt 256001
maintain, on file with FMCSA, evidence
of the required levels of financial
responsibility pursuant to 49 U.S.C.
13906. FMCSA regulations governing
the financial responsibility
requirements for these entities are found
at 49 CFR part 387. The Secretary has
delegated authority pertaining to these
requirements to FMCSA. The
information collected from these forms
are summarized and displayed in
FMCSA’s Licensing and Information
system.
Forms for Endorsements, Certificates of
Insurance and Other Evidence of BI &
PD Liability and Cargo Liability
Financial Responsibility
Forms BMC–91 and BMC–91X, titled
‘‘Motor Carrier Automobile Bodily
Injury and Property Damage Liability
Certificate of Insurance,’’ and Form
BMC–82, titled ‘‘Motor Carrier Bodily
Injury Liability and Property Damage
Liability Surety Bond Under 49 U.S.C.
13906,’’ provide evidence of the
required coverage for BI & PD liability.
A Form BMC–91X filing is required
when a carrier’s insurance is provided
by multiple companies instead of just
one. Form BMC–34, titled ‘‘Household
Goods Motor Carrier Cargo Liability
Certificate of Insurance,’’ and Form
BMC–83, titled ‘‘Household Goods
Motor Carrier Cargo Liability Surety
Bond Under 49 U.S.C. 13906,’’ establish
a carrier’s compliance with the Agency’s
cargo liability requirements. Only
household goods (HHG) motor carriers
and HHG freight forwarders are required
to file evidence of cargo insurance with
FMCSA. §§ 387.303T(c), 387.403T(c).
Form BMC–90, titled ‘‘Endorsement for
Motor Carrier Policies of Insurance for
Automobile Bodily Injury and Property
Damage Liability Under Section 13906,
Title 49 of the United States Code,’’ and
Form BMC–32, titled ‘‘Endorsement for
Household Goods Motor Carrier Policies
of Insurance for Cargo Liability Under
49 U.S.C. 13906,’’ are executed by the
insurance company, attached to the BI
& PD or cargo liability insurance policy,
respectively, and forwarded to the
motor carrier or freight forwarder.
Requirement To Obtain Surety Bond or
Trust Fund Agreement
Form BMC–84, titled ‘‘Broker’s or
Freight Forwarder’s Surety Bond Under
49 U.S.C. 13906,’’ and Form BMC–85,
titled ‘‘Broker’s or Freight Forwarder’s
Trust Fund Agreement under 49 U.S.C.
13906 or Notice of Cancellation of the
Agreement,’’ are filed by brokers or
freight forwarders to comply with the
requirement that they must have a
$75,000 surety bond or trust fund
agreement in effect before FMCSA will
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Fmt 4703
Sfmt 4703
10277
issue property broker or freight
forwarder operating authority
registration.
Cancellation of Prior Filings
Form BMC–35, titled ‘‘Notice of
Cancellation Motor Carrier Insurance
under 49 U.S.C. 13906,’’ Form BMC–36,
titled ‘‘Motor Carrier and Broker’s
Surety Bonds under 49 U.S.C. 13906
Notice of Cancellation,’’ and Form
BMC–85, titled ‘‘Broker’s or Freight
Forwarder’s Trust Fund Agreement
under 49 U.S.C. 13906 or Notice of
Cancellation of the Agreement,’’ can be
used to cancel prior filings.
Self-Insurance
Motor carriers and freight forwarders
can also apply to FMCSA to self-insure
BI & PD and/or cargo liability in lieu of
filing certificates of insurance or surety
bonds with the FMCSA. Form BMC–40
is the application used by motor carriers
to apply for self-insurance authority.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022–03779 Filed 2–22–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0089]
Agency Information Collection
Activities; Renewal Information
Collection Request: National
Consumer Complaint Database
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
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 renewal
collection of information is for the
SUMMARY:
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23FEN1
10278
Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
National Consumer Complaint Database
(NCCDB), which is an online interface
allowing consumers, drivers, and others
to file complaints against unsafe and
unscrupulous companies and/or their
employees, including shippers,
receivers, and transportation
intermediaries, depending on the type
of complaint. These complaints cover a
wide range of issues, including but not
limited to driver harassment, coercion,
movement of household goods, financial
responsibility instruments for brokers
and freight forwarders, Americans with
Disability Act (ADA) compliance,
Electronic Logging Device (ELD), EntryLevel Driver Training (ELDT), Medical
Review Officer (MRO), and Substance
Abuse Professional (SAP) complaints.
FMCSA requests approval to renew the
ICR titled ‘‘National Consumer
Complaint Database’’ covered by OMB
Control Number 2126–0067 in order to
continue to collect consumer complaint
information so FMCSA can use this data
to take enforcement action, better
inform FMCSA policies for safer motor
carrier operations, and improve
consumer protection.
DATES: Comments on this notice must be
received on or before March 25, 2022.
ADDRESSES: All comments should
reference Federal Docket Management
System Docket Number FMCSA–2021–
0089. Interested persons are invited to
submit written comments on the
proposed information collection to the
Office of Information and Regulatory
Affairs (OIRA), OMB. Comments should
be addressed to the attention of the Desk
Officer, DOT/FMCSA, and sent via
email to oira_submission@omb.eop.gov,
faxed to (202) 395–6974, or mailed to
OIRA, OMB, Docket Library, Room
10102, 725 17th Street NW, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT: Ms.
Donnice Wagoner, DOT, FMCSA,
Commercial Enforcement Division/MC–
SEI, West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590, (202) 366–8045,
Donnice.Wagoner@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA maintains online information
and resources to assist drivers, others in
the motor carrier industry, and members
of the general public in filing safety
complaints regarding household goods
(HHG) carriers, hazardous material (HM)
carriers, property carriers, cargo tank
facilities, passenger carriers, Electronic
Logging Devices (ELD), Entry-Level
Driver Training (ELDT) providers,
Medical Review Officers (MRO) and
Substance Abuse Professionals (SAP)
VerDate Sep<11>2014
18:04 Feb 22, 2022
Jkt 256001
reporting to the Agency’s Drug and
Alcohol Clearinghouse. There is also
information pertaining to the filing of
consumer complaints, particularly
regarding HHG transportation and ADA
compliance.1 This online interface is
known as the NCCDB. The NCCDB has
contributed to safer motor carrier
operations on our nation’s highways by
identifying carriers for investigations
and improved consumer protection by
ensuring moving companies use fair
business practices. FMCSA uses the
information collected in the NCCDB to
monitor and induce non-compliant
regulated entities to achieve and
maintain compliance.
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
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 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 are
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 also accepts complaints
from interested parties regarding third
party intermediaries (brokers and freight
forwarders) and their associated
financial responsibility instruments.
Federal Register Notice and Summary
of Public Comments Received
On September 3, 2021, FMCSA
published a notice in the Federal
Register announcing a renewal ICR
pertaining to the NCCDB. 86 FR 49594
(September 3 notice). FMCSA sought
public comment on the ICR, including
1 DOT maintains reporting and other
requirements for over-the-road buses under its ADA
regulations. (For a complete listing of the DOT’s
ADA regulations, see 49 CFR parts 37 and 38.)
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
(1) whether the proposed collection is
necessary for the agency to perform its
mission, (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. Id. at
49595.
On September 7, 2021, a private
citizen, MJ Thorne (Thorne), filed a
comment in response to the September
3 notice. In the comments, Thorne
suggested that the database include ‘‘a
series for brokers who falsely give
delivery dates, then hold carrier/driver
hostage for days and refuse to pay
layover or adequate layover. . . . [and]
a category for receivers who likewise set
appointments, then tell driver they
won’t get trailer back for days.’’ Thorne
also suggested that the database include
‘‘a section for lumper violations.’’
FMCSA is in the process of updating
the NCCDB. The update will include the
option for the system user to select
broker allegations specific to property
carriers when filing their complaint.
FMCSA appreciates the suggestions
regarding adding an NCCDB complaint
category for receivers and lumpers;
however, FMCSA is not currently
considering those additions.
On September 17, 2021, a private
citizen, Matt Schulz (Schulz) filed a
comment in response to the September
3 Notice. In the comments, Schulz
raised concerns about FMCSA’s failure
to timely respond to his complaint; and
FMCSA’s failure to investigate his
complaint thoroughly.
FMCSA appreciates the comment;
however, the comment does not pertain
to this Information Collection Renewal
request. FMCSA will strive to respond
to every complaint promptly,
thoroughly investigate all valid
complaints, and initiate enforcement
action when applicable.
On October 26, 2021, the
Transportation Intermediaries
Association (TIA) filed a comment (TIA
comment) in response to the September
3 Notice. TIA raised concerns about
FMCSA’s lack of enforcement for
unlawful brokerage activities. TIA
indicated that it ‘‘knows of several
dozen complaints that have been
reported to the Agency through the
NCCDB for unlawful brokerage
activities, with no enforcement action
taken.’’ TIA comment, at 3–4. TIA
recommended that the ‘‘Agency amend
the user interface for the NCCDB to
make it easier for folks to file
complaints with the Agency.’’ Id. at 4.
TIA noted that ‘‘there is not a place for
licensed property brokers to easily
E:\FR\FM\23FEN1.SGM
23FEN1
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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices
identify areas to make a complaint.’’ Id.
Additionally, TIA stated that it ‘‘stands
ready to work with the Agency to make
the NCCDB a useful tool to identify bad
actors whether it be a motor carrier, a
broker, or another entity, and use that
information to take the necessary
enforcement action.’’ Id.
As previously mentioned, FMCSA is
in the process of updating the NCCDB
to include its interface. FMCSA is
hopeful that the update to the interface
will make it easier for system users to
file complaints in the NCCDB. The
update will also include the option for
the system user to select broker
allegations specific to property carriers
when filing their complaint. FMCSA
will strive to respond to every
complaint promptly, thoroughly
investigate all valid complaints, and
initiate enforcement action when
applicable.
On November 2, 2021, the OwnerOperator Independent Drivers
Association, Inc (OOIDA) filed a
comment (OOIDA comments) in
response to the September 3 Notice. In
its comments, OOIDA acknowledged
that the ‘‘Information Collection Request
is necessary for the agency to perform
its mission. . .’’ OOIDA comments, at 2.
However, OOIDA indicated that ‘‘[a]s
currently administered, the NCCDB is
an inadequate outlet for drivers to report
harassment, coercion, and other
violations of commercial regulations.’’
Id. at 1. Moreover, OOIDA raised
concerns about the Agency’s response to
complaints, insufficient follow-up with
drivers after filing complaints, the
ambiguity of the name ‘‘National
Consumer Complaint Database,’’ and
FMCSA’s lack of outreach to drivers
informing them about the NCCDB. Id. at
1–2. Finally, OOIDA ‘‘encourage[d]
FMCSA to collaborate with GAO so
overdue changes to the NCCDB can be
made as soon as possible.’’ Id. at 2.
As previously mentioned, FMCSA is
in the process of updating the NCCDB.
FMCSA is hopeful that the update will
improve the adequacy of the database
and allow drivers to report harassment,
coercion, and additional violations of
commercial regulations. FMCSA is not
currently considering changing the
National Consumer Complaint
Database’s name. The National
Consumer Complaint Database,
commonly referred to as the NCCDB, is
a well-known and highly frequented
database that consumers, brokers, motor
carriers, and industry personnel use. In
2021, the database received over 18,000
complaints. Therefore, FMCSA does not
believe that there is a stakeholder
awareness problem due to the name of
the database. FMCSA looks forward to
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18:04 Feb 22, 2022
Jkt 256001
continuing to hear OOIDA’s perspective
on the name of the database and
categories within it and will strive to
respond to every complaint promptly,
thoroughly investigate all valid
complaints, and initiate enforcement
action when applicable.
FMCSA looks forward to continuing
to work with stakeholders on issues
related to the NCCDB.
Title: National Consumer Complaint
Database.
OMB Control Number: 2126–0067.
Type of Request: Information
collection request renewal.
Respondents: Consumers, Drivers,
and Other Participants in the Motor
Carrier Industry.
Estimated Number of Respondents:
18,546.
Estimated Time per Response: 15
minutes.
Expiration Date: February 28, 2022.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
4,638 hours [18,546 respondents × 1
response per respondent × 15 minutes
per response = 4,638]. Note that
estimates may not match exactly due to
rounding.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022–03781 Filed 2–22–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2021–0115]
Pipeline Safety: Information Collection
Activities, Gas and Liquid Pipeline
Safety Program Performance Progress
Report
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (44
SUMMARY:
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
10279
U.S.C. 3501 et seq.), this notice
announces that the information
collection request abstracted below is
being forwarded to the Office of
Management and Budget (OMB) for
review and comment. A Federal
Register notice with a 60-day comment
period soliciting comments on the
information collection was published on
December 15, 2021.
DATES: Interested persons are invited to
submit comments on or before March
25, 2022.
ADDRESSES: The public is invited to
submit comments regarding this
information collection request,
including suggestions for reducing the
burden, to the Office of Management
and Budget, Attention: Desk Officer for
the Office of the Secretary of
Transportation, 725 17th Street NW,
Washington, DC 20503. Comments can
also be submitted electronically at
www.reginfo.gov/public/do/PRAMain.
FOR FURTHER INFORMATION CONTACT:
Angela Hill by email at angela.dow@
dot.gov.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. In accordance
with this regulation, on December 15,
2021, (86 FR 71317) PHMSA published
a Federal Register notice with a 60-day
comment period soliciting comments on
the information collection. PHMSA
received no comments in response to
this information collection request. This
notice identifies the information
collection request that PHMSA will
submit to the OMB for approval.
The following information is provided
below for the impacted information
collection: (1) Title of the information
collection; (2) OMB control number; (3)
Current expiration date; (4) Type of
request; (5) Abstract of the information
collection activity; (6) Description of
affected public; (7) Estimate of total
annual reporting and recordkeeping
burden; and (8) Frequency of collection.
PHMSA will request a three-year term
of approval for the following
information collection:
Title: Gas Pipeline Safety Program
Performance Progress Report and
Hazardous Liquid Pipeline Safety
Program Performance Progress Report.
OMB Control Number: 2137–0584.
Current Expiration Date: 03/31/2022.
Abstract: Section 60105 of 49 U.S.C.
sets forth specific requirements a state
must meet to qualify for certification
status to assume regulatory and
enforcement responsibility for intrastate
E:\FR\FM\23FEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10277-10279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03781]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0089]
Agency Information Collection Activities; Renewal Information
Collection Request: National Consumer Complaint Database
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: 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 renewal
collection of information is for the
[[Page 10278]]
National Consumer Complaint Database (NCCDB), which is an online
interface allowing consumers, drivers, and others to file complaints
against unsafe and unscrupulous companies and/or their employees,
including shippers, receivers, and transportation intermediaries,
depending on the type of complaint. These complaints cover a wide range
of issues, including but not limited to driver harassment, coercion,
movement of household goods, financial responsibility instruments for
brokers and freight forwarders, Americans with Disability Act (ADA)
compliance, Electronic Logging Device (ELD), Entry-Level Driver
Training (ELDT), Medical Review Officer (MRO), and Substance Abuse
Professional (SAP) complaints. FMCSA requests approval to renew the ICR
titled ``National Consumer Complaint Database'' covered by OMB Control
Number 2126-0067 in order to continue to collect consumer complaint
information so FMCSA can use this data to take enforcement action,
better inform FMCSA policies for safer motor carrier operations, and
improve consumer protection.
DATES: Comments on this notice must be received on or before March 25,
2022.
ADDRESSES: All comments should reference Federal Docket Management
System Docket Number FMCSA-2021-0089. Interested persons are invited to
submit written comments on the proposed information collection to the
Office of Information and Regulatory Affairs (OIRA), OMB. Comments
should be addressed to the attention of the Desk Officer, DOT/FMCSA,
and sent via email to [email protected], faxed to (202) 395-
6974, or mailed to OIRA, OMB, Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Ms. Donnice Wagoner, DOT, FMCSA,
Commercial Enforcement Division/MC-SEI, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC 20590, (202) 366-8045,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
FMCSA maintains online information and resources to assist drivers,
others in the motor carrier industry, and members of the general public
in filing safety complaints regarding household goods (HHG) carriers,
hazardous material (HM) carriers, property carriers, cargo tank
facilities, passenger carriers, Electronic Logging Devices (ELD),
Entry-Level Driver Training (ELDT) providers, Medical Review Officers
(MRO) and Substance Abuse Professionals (SAP) reporting to the Agency's
Drug and Alcohol Clearinghouse. There is also information pertaining to
the filing of consumer complaints, particularly regarding HHG
transportation and ADA compliance.\1\ This online interface is known as
the NCCDB. The NCCDB has contributed to safer motor carrier operations
on our nation's highways by identifying carriers for investigations and
improved consumer protection by ensuring moving companies use fair
business practices. FMCSA uses the information collected in the NCCDB
to monitor and induce non-compliant regulated entities to achieve and
maintain compliance.
---------------------------------------------------------------------------
\1\ DOT maintains reporting and other requirements for over-the-
road buses under its ADA regulations. (For a complete listing of the
DOT's ADA regulations, see 49 CFR parts 37 and 38.)
---------------------------------------------------------------------------
The NCCDB grew out of a telephone hotline known as the Safety
Violation Hotline Service. Congress mandated this hotline in Section
4017 of the ``Transportation Equity Act of the 21st 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 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
are 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 also accepts complaints
from interested parties regarding third party intermediaries (brokers
and freight forwarders) and their associated financial responsibility
instruments.
Federal Register Notice and Summary of Public Comments Received
On September 3, 2021, FMCSA published a notice in the Federal
Register announcing a renewal ICR pertaining to the NCCDB. 86 FR 49594
(September 3 notice). FMCSA sought public comment on the ICR, including
(1) whether the proposed collection is necessary for the agency to
perform its mission, (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. Id. at
49595.
On September 7, 2021, a private citizen, MJ Thorne (Thorne), filed
a comment in response to the September 3 notice. In the comments,
Thorne suggested that the database include ``a series for brokers who
falsely give delivery dates, then hold carrier/driver hostage for days
and refuse to pay layover or adequate layover. . . . [and] a category
for receivers who likewise set appointments, then tell driver they
won't get trailer back for days.'' Thorne also suggested that the
database include ``a section for lumper violations.''
FMCSA is in the process of updating the NCCDB. The update will
include the option for the system user to select broker allegations
specific to property carriers when filing their complaint. FMCSA
appreciates the suggestions regarding adding an NCCDB complaint
category for receivers and lumpers; however, FMCSA is not currently
considering those additions.
On September 17, 2021, a private citizen, Matt Schulz (Schulz)
filed a comment in response to the September 3 Notice. In the comments,
Schulz raised concerns about FMCSA's failure to timely respond to his
complaint; and FMCSA's failure to investigate his complaint thoroughly.
FMCSA appreciates the comment; however, the comment does not
pertain to this Information Collection Renewal request. FMCSA will
strive to respond to every complaint promptly, thoroughly investigate
all valid complaints, and initiate enforcement action when applicable.
On October 26, 2021, the Transportation Intermediaries Association
(TIA) filed a comment (TIA comment) in response to the September 3
Notice. TIA raised concerns about FMCSA's lack of enforcement for
unlawful brokerage activities. TIA indicated that it ``knows of several
dozen complaints that have been reported to the Agency through the
NCCDB for unlawful brokerage activities, with no enforcement action
taken.'' TIA comment, at 3-4. TIA recommended that the ``Agency amend
the user interface for the NCCDB to make it easier for folks to file
complaints with the Agency.'' Id. at 4. TIA noted that ``there is not a
place for licensed property brokers to easily
[[Page 10279]]
identify areas to make a complaint.'' Id. Additionally, TIA stated that
it ``stands ready to work with the Agency to make the NCCDB a useful
tool to identify bad actors whether it be a motor carrier, a broker, or
another entity, and use that information to take the necessary
enforcement action.'' Id.
As previously mentioned, FMCSA is in the process of updating the
NCCDB to include its interface. FMCSA is hopeful that the update to the
interface will make it easier for system users to file complaints in
the NCCDB. The update will also include the option for the system user
to select broker allegations specific to property carriers when filing
their complaint. FMCSA will strive to respond to every complaint
promptly, thoroughly investigate all valid complaints, and initiate
enforcement action when applicable.
On November 2, 2021, the Owner-Operator Independent Drivers
Association, Inc (OOIDA) filed a comment (OOIDA comments) in response
to the September 3 Notice. In its comments, OOIDA acknowledged that the
``Information Collection Request is necessary for the agency to perform
its mission. . .'' OOIDA comments, at 2. However, OOIDA indicated that
``[a]s currently administered, the NCCDB is an inadequate outlet for
drivers to report harassment, coercion, and other violations of
commercial regulations.'' Id. at 1. Moreover, OOIDA raised concerns
about the Agency's response to complaints, insufficient follow-up with
drivers after filing complaints, the ambiguity of the name ``National
Consumer Complaint Database,'' and FMCSA's lack of outreach to drivers
informing them about the NCCDB. Id. at 1-2. Finally, OOIDA
``encourage[d] FMCSA to collaborate with GAO so overdue changes to the
NCCDB can be made as soon as possible.'' Id. at 2.
As previously mentioned, FMCSA is in the process of updating the
NCCDB. FMCSA is hopeful that the update will improve the adequacy of
the database and allow drivers to report harassment, coercion, and
additional violations of commercial regulations. FMCSA is not currently
considering changing the National Consumer Complaint Database's name.
The National Consumer Complaint Database, commonly referred to as the
NCCDB, is a well-known and highly frequented database that consumers,
brokers, motor carriers, and industry personnel use. In 2021, the
database received over 18,000 complaints. Therefore, FMCSA does not
believe that there is a stakeholder awareness problem due to the name
of the database. FMCSA looks forward to continuing to hear OOIDA's
perspective on the name of the database and categories within it and
will strive to respond to every complaint promptly, thoroughly
investigate all valid complaints, and initiate enforcement action when
applicable.
FMCSA looks forward to continuing to work with stakeholders on
issues related to the NCCDB.
Title: National Consumer Complaint Database.
OMB Control Number: 2126-0067.
Type of Request: Information collection request renewal.
Respondents: Consumers, Drivers, and Other Participants in the
Motor Carrier Industry.
Estimated Number of Respondents: 18,546.
Estimated Time per Response: 15 minutes.
Expiration Date: February 28, 2022.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 4,638 hours [18,546 respondents x 1
response per respondent x 15 minutes per response = 4,638]. Note that
estimates may not match exactly due to rounding.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022-03781 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-EX-P
