Accident Recordkeeping Requirements

OMB Control No: 2126-0009	ICR Reference No: 201707-2126-001
Status: Active	Previous ICR Reference No: 201405-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Accident Recordkeeping Requirements
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/27/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/30/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2020	36 Months From Approved	09/30/2017
Responses	120,522	0	89,000
Time Burden (Hours)	36,157	0	26,700
Cost Burden (Dollars)	8,437	0	6,230

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Abstract: This is a request for an extension of an ICR where the collection of information is mandatory. 49 CFR 390.15 requires interstate motor carriers to maintain for recordkeeping, an "accident register" consisting of all accidents (interstate and intrastate) involving their commercial motor vehicles The frequency of the collection of information is when an accident occurs. These records are used by the FMCSA to assess the effectiveness of motor carriers' safety management controls. When conducting a compliance review of a motor carrier at its place of business, FMCSA investigators may examine the motor carrier’s accident register. This information can be valuable in assessing the safety performance of the motor carrier. For instance, it may reveal accidents that, for various reasons, were not reported to the FMCSA by the State, and thus are not part of FMCSA’s record of the motor carrier’s accident history. Though accident reporting has improved over the years, for various reasons some accidents remain unreported to FMCSA’s national accident database. In addition, a motor carrier’s Accident Register may include accidents that do not satisfy the definition of “accident” under section 390.5, but have nonetheless been included in the Accident Register. Pursuant to section 390.15(b)(1), a motor carrier must obtain, at a minimum, the following information about each CMV accident: (i) date of accident, (ii) city or town in which or most near where the accident occurred and the State where the accident occurred, (iii) driver name, (iv) number of injuries, (v) number of fatalities, and (vi) whether hazardous materials, other than fuel spilled from the fuel tanks of the motor vehicle, were released. In addition, section 390.15(b)(2) requires that “copies of all accident reports required by State or other governmental entities or insurers” be included in the Accident Register. The FMCSA does not prescribe a specific form for Accident Register information. An “entry” on the Accident Register is defined for purposes of this estimate as the entry of all the information about a single accident that is required by Section 390.15.

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Authorizing Statute(s): US Code: 49 USC 31132 Name of Law: Definitions

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 14793	03/22/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 31682	07/07/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Accident Recordkeeping Requirements

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	120,522	89,000	0	0	31,522	0
Annual Time Burden (Hours)	36,157	26,700	0	0	9,457	0
Annual Cost Burden (Dollars)	8,437	6,230	0	0	2,207	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Agency increases its estimate to 36,157 burden hours. The text of section 390.15(b) is unchanged; the increase in burden hours does not reflect changes in the requirements for accident recordkeeping. The adjustment in annual burden hours and costs are due to revised estimates of: (1) the population of motor carriers subject to the regulation from 520,000 to 886,122, and of (2) the number of reportable accidents from 89,000 to 120,522. The Agency has amended the population of motor carriers to include the accident recordkeeping burden of intrastate motor carriers. In past ICRs on this matter, the Agency had taken the position that the accident recordkeeping of such carriers occurred as a result of State law. However, the OMB has directed FMCSA to include such intrastate activities in its IC estimates, so we do so in this supporting statement for the first time. The Agency estimates that a total of 886,122 motor carriers are subject to accident register requirements (508,367 interstate and 377,755 intrastate). The Agency further estimates that the number of accidents that must be reported by intrastate and interstate motor carriers is 120,522.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Buz Schultz 202 366-2718 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 07/30/2017

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