Attachment F - 30-Day Federal Register

60946

Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices

license holder population does not
support the contention that individuals
with hearing impairment are at an
increased risk for a crash. In addition,
the Agency reviewed each applicant’s
driving record found in the Commercial
Driver’s License Information System
(CDLIS), for commercial driver’s license
(CDL) holders, and inspections recorded
in the Motor Carrier Management
Information System (MCMIS). For nonCDL holders, the Agency reviewed the
driving records from the State Driver’s
Licensing Agency (SDLA). Each
applicant’s record demonstrated a safe
driving history. Based on an individual
assessment of each applicant that
focused on whether an equal or greater
level of safety is likely to be achieved by
permitting each of these drivers to drive
in interstate commerce as opposed to
restricting him or her to driving in
intrastate commerce, the Agency
believes the drivers granted this
exemption have demonstrated that they
do not pose a risk to public safety.
Consequently, FMCSA finds that in
each case exempting these applicants
from the hearing standard in 49 CFR
391.41(b)(11) 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 report any crashes or
accidents as defined in 49 CFR 390.5;
(2) each driver must report all citations
and convictions for disqualifying
offenses under 49 CFR part 383 and 49
CFR 391 to FMCSA; and (3) each driver
is 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.

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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 30
exemption applications, FMCSA
exempts the following drivers from the
hearing standard, 49 CFR 391.41(b)(11),
subject to the requirements cited above:
David Alagna, (IL)

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Matthew H. Albrecht, (PA)
Raymond Amundson, (OK)
Michael Arwood, (TN)
Jonathan D. Ball, (PA)
Gerald Bennett, (NH)
Dominick Booker, (PA)
Michael Borman, (CO)
Russel Brannan, (GA)
Gerald Buoniconti, (MA)
Luke C. Bundrum, (GA)
Steven D. Chambers, (OK)
Michael Dohanish, (OH)
Ralph K. Domel, (TX)
Jacquelyn Hetherington, (OK)
Julian Koch, (TX)
Jeremy Lampart, (SC)
Jay Larson, (TX)
Thomas E. McLaughlin, (NY)
Dustin R. Miller, (MI)
Eric D. Peer, (DE)
Jose B. Ramirez, (IL)
Donald Reamsayder, (FL)
Kenneth W. Reimer, (WI)
Troy Rolland, (TX)
Thomas D. Sneer, (MN)
Carlos Talamantes, (TX)
Kenneth Weaver, (TX)
Paul Whetstone, (AZ)
Jason Wynne, (TX)
In accordance with 49 U.S.C. 31315,
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: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–25842 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0189]

Agency Information Collection
Activities; Approval of a New
Information Collection Request: Truck
and Bus Maintenance Requirements
and Their Impact on Safety
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,

SUMMARY:

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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. This new request titled
‘‘Truck and Bus Maintenance
Requirements and Their Impact on
Safety’’ will allow for a study that
focuses on vehicle maintenance and
aims to determine the impact of vehicle
maintenance requirements on overall
motor carrier safety. This information
collection supports the DOT Strategic
Goal of Safety.
DATES: Please send your comments by
December 27, 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–2018–0189. 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:
Quon Y. Kwan, Program Manager,
Technology Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, 6th Floor, West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001.
Telephone: 202–385–2389; Email
Address: quon.kwan@dot.gov. Office
hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Truck and Bus Maintenance
Requirements and Their Impact on
Safety.
OMB Control Number: 2126–00XX.
Type of Request: New information
collection.
Respondents: Freight motor carriers
and passenger carriers.
Estimated Number of Respondents:
578 respondents will complete the
Online Recruitment Survey. Of those
578 respondents, 289 will also complete
the Carrier Maintenance Manager
Survey.
Estimated Time per Response: Varies
[Online Recruitment Survey: 5 minutes.

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Carrier Maintenance Manager Survey:
45 minutes].
Expiration Date: Three years after
approval.
Frequency of Response: Once.
Estimated Total Annual Burden: 265
hours [Online Recruitment Survey: 578
respondents × (5 minutes ÷ 60 minutes)
= 48 hours; Carrier Maintenance
Manager Survey: 289 respondents × (45
minutes ÷ 60 minutes) = 217 hours].
Background
Background: FMCSA’s core mission is
to reduce crashes, injuries, and fatalities
involving large trucks and buses. To aid
in accomplishing this, the Agency uses
the Compliance, Safety, Accountability
(CSA) enforcement program to prioritize
and target interventions of those motor
carriers who are most likely to be
involved in a future crash. As part of the
CSA program, the Agency deploys the
Safety Measurement System (SMS).
SMS uses inspection, crash, and
investigation data captured in the Motor
Carrier Management Information System
(MCMIS) to calculate a percentile for
each motor carrier. A motor carrier’s
SMS percentile is based on its past
compliance with a complete range of
safety-based regulations (such as driver
safety, hours of service, driver fitness,
and vehicle maintenance, among
others). The survey described in this
notice focuses on the vehicle
maintenance component of those safety
regulations. The goal of the study is to
determine what improvements, ranging
from better compliance interventions to
better vehicle maintenance
requirements, would enhance motor
carrier safety.
In 2014, the John A. Volpe National
Transportation Systems Center (Volpe)
conducted a study to assess the
effectiveness of SMS in identifying the
highest risk motor carriers to be targeted
for interventions. One finding from the
study was that motor carriers targeted
for intervention due to ‘‘vehicle
maintenance’’ issues (i.e., violations)
had a 65 percent higher crash rate
compared to the national average. These
violations are based on Federal and
State inspections of components critical
to the safe operation of the vehicle. It is
important to recognize that proper and
regular preventative maintenance (i.e.,
systematic maintenance programs)
among carriers—rather than Federal and
State inspections, which are by nature
limited to the most visible or obvious
safety-related components—should be
the primary activity applied to ensure
safe equipment operation.
While these initial findings are
important, they raise additional
questions. One such question is

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prompted by the stipulation in 49 CFR
396.3(a), which states that every carrier
must have a program to ‘‘systematically
inspect, repair, and maintain, or cause
to be systematically inspected, repaired,
and maintained, all motor vehicles and
intermodal equipment subject to its
control.’’ Though this regulation
provides some direction, there is no
supporting definition of the word
‘‘systematic,’’ and because this term is
subjective, it is likely to vary from one
carrier to another. The lack of specificity
regarding standard intervals for
preventative maintenance makes it
difficult for Federal and State personnel
to evaluate the effectiveness of and
compliance with a carrier’s maintenance
program. Furthermore, the lack of
specificity may make it difficult for
carriers to ascertain and therefore
comply with the regulation’s intent.
The current research effort,
augmented by the proposed survey, is
necessary to improve FMCSA’s
understanding of the safety impact of
preventative vehicle maintenance and to
clarify the requirements of section
396.3(a). The study objectives are as
follows:
1. Develop an operational definition
of ‘‘systematic maintenance.’’
2. Evaluate whether current
regulations and the intervention process
could be modified to improve
compliance with vehicle maintenance
requirements. Examples of such
requirements include: (i) Preventative
maintenance intervals, (ii) preventative
maintenance inspections with
adequately trained/equipped
mechanics, and (iii) adequacy of motor
carriers’ maintenance facilities.
[However, the results of the survey will
be used only to explore what areas of
rulemaking and/or other areas, such as
policy guidance and training, might be
useful in the future; the results of the
survey will not be used for rulemaking,
per se.]
3. Gather information to assist in
establishing minimum standards for
inspection intervals, mechanic
qualifications and training, and
certification of maintenance facilities.
FMCSA is authorized to conduct this
research under 49 U.S.C. 31108, Motor
Carrier Research and Technology
Program. Under section 31108(a)(3)(C),
FMCSA may fund research,
development, and technology projects
that improve the safety and efficiency of
commercial motor vehicle operations
through technological innovation and
improvement. This information
collection supports the U.S. Department
of Transportation (USDOT) strategic
goal of Safety.

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60947

Under contract to FMCSA, the
Virginia Tech Transportation Institute
(VTTI) at the Virginia Polytechnic
Institute and State University (VT) will
use online surveys to obtain the data
required to address the study objectives.
The information collection will be
administered in two phases:
Phase I: Online Recruitment Survey.
This voluntary, seven-question survey
will screen carriers and verify their
eligibility for Phase II participation. To
be eligible for Phase II participation,
carriers must fall into one of two groups:
(a) The Recommended Practices (RP)
Group, which includes carriers with the
lowest Vehicle Maintenance and Crash
Indicator Behavior Analysis and Safety
Improvement Categories (BASIC)
percentiles (i.e., less than or equal to the
33rd percentile); or (b) the Intervention
Effects (IE) Group, which includes
carriers that have experienced Federal
or State interventions in the last 24
months due to vehicle maintenance
violations. The BASICs are Unsafe
Driving, Crash Indicator, Hours-ofService (HOS) Compliance, Vehicle
Maintenance, Controlled Substances/
Alcohol, Hazardous Materials (HM)
Compliance, and Driver Fitness. More
information on the SMS methodology
can be found at https://
csa.fmcsa.dot.gov/Documents/
SMSMethodology.pdf.
Phase II: Carrier Maintenance
Management Survey. This voluntary,
106-question survey will include
questions about demographics;
maintenance practices, intervals,
personnel, and facilities; and State and
Federal inspections, among other things.
The Phase II survey will employ branch
logic; as such, carriers will be prompted
to complete different sections based on
their survey group (and for one section,
carrier size). Consequently, no
participating carrier will be asked to
complete all 106 questions.
In the Phase II survey, carriers (of all
sizes) in the RP Group will be asked to
provide additional information about
maintenance personnel and facilities
(e.g., mechanic training levels, tools
required for adequate inspection, and
certification of facilities) and vehicle
maintenance issues that may impact
safety. Information from the RP Group
will seek to address Objective 1, relating
to development of an operational
definition of ‘‘systematic maintenance,’’
Objective 2, and Objective 3, relating to
establishment of minimum standards for
inspection intervals, mechanic
qualifications and training, and
certification of maintenance facilities.
Carriers in the IE Group will be asked
to complete the section on intervention
effects, which includes questions about

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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices

the status of active interventions or
investigations; results of closed
interventions or investigations;
interactions with State versus Federal
agencies; intervention activities
experienced; the accuracy of violations
leading to interventions; actions taken
in response to interventions; changes in
carrier vehicle maintenance practices as
a result of an intervention; significant
benefits of interventions; and ways the
intervention process could be improved.
Information provided by the IE Group
will address the portion of Objective 2
regarding sufficiency of regulations and
where interventions need to be
improved to facilitate complying with
these regulations.
Survey responses will be summarized
and reported using plots, tables, content
analysis, and calculated summary
statistics. Plots and tables will provide
a visual comparison of multiple choice
and checkbox survey responses for
successful carriers (i.e., carriers in the
RP Group) and those receiving
interventions in the last 24 months (i.e.,
carriers in the IE Group). These methods
will also allow researchers to
summarize responses by carrier
operation type (i.e., truck or bus) and
size. Bar charts will be used to plot
responses to many survey questions.
Some survey responses may be
summarized with tables with rows for
each of the carrier operation types (truck
or bus) and each carrier-size subgroup.
To explore and summarize responses to
open-ended survey questions,
researchers will use content analysis
methods. An illustration of an openended question in the survey is ‘‘List
examples of critical safety-related
maintenance activities for trailer vehicle
milestones.’’ The goal of content
analysis of open-ended questions will
be to identify common answers.
The results of this information
collection will be documented in a
technical report to be delivered to and
published by FMCSA. In addition, the
results will be used to create a
‘‘recommended best practices’’ report
that will outline minimum standards for
inspection intervals, mechanic
qualifications and training, and
certification of maintenance facilities.
Finally, VTTI is required under the
contract with FMCSA to compile and
analyze the collected information and
develop a public-use data set.
This ICR is for a one-time data
collection. If this data collection does
not take place, the truck and bus
industry will continue to operate with
the uncertainty of what constitutes a
‘‘systematic maintenance’’ program, as
currently worded in section 396.3(a).
This term’s ambiguous definition makes

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it difficult for Federal and State
inspectors to evaluate the effectiveness
of a carrier’s maintenance program or its
compliance with this provision.
Furthermore, this uncertainty may make
it difficult for carriers to ascertain and
therefore comply with the regulation’s
intent.
On July 16, 2018, FMCSA published
a 60-day Federal Register notice (83 FR
32950). The Agency received four
comments. One anonymous comment
was unrelated to the ICR. Both the
American Bus Association and the
American Trucking Associations voiced
support for the ICR in their comment
letters. The National School
Transportation Association also voiced
support for the ICR, but it requested that
the survey instrument include questions
to identify the type of commercial motor
vehicles operated by the respondent. In
response, the Agency reviewed and
revised three survey questions to better
differentiate between various types of
passenger-carrying CMVs.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for FMCSA to perform its
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 delegated in 49
CFR 1.87 on: November 20, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–25839 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0096]

Hours of Service of Drivers:
Specialized Carriers & Rigging
Association (SC&RA); Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:

FMCSA announces its
decision to renew the Specialized
Carriers & Rigging Association’s
(SC&RA) exemption from the 30-minute
rest break rule of the Agency’s hours-ofservice (HOS) regulations for certain

SUMMARY:

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commercial motor vehicle (CMV)
drivers. SC&RA currently holds an
exemption valid through November 1,
2018. The exemption renewal is for five
years. All qualifying motor carriers and
drivers operating mobile cranes with a
rated lifting capacity of greater than 30
tons are exempt from the 30-minute
break provision.
DATES: The renewed exemption is
effective through November 1, 2023.
Comments must be received on or
before December 27, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2016–0096 by any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Ms. Pearlie Robinson, FMCSA
Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202–366–
4225. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting

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