Accident Recordkeeping Requirements

Forms and Documents

Document Name	Status
30-day FR for 2126-0009 (88 FR 86723).pdf Supplementary Document	2023-12-14
2126-0009 Supporting Statement 11-27-2023.docx Supporting Statement A	2023-11-27
60-Day FR for 2126-0009.pdf Supplementary Document	2023-11-21
49 CFR 390.15.htm Supplementary Document	2017-07-10

IC Document Collections

IC ID	Document Title	Status
26047	Accident Recordkeeping Requirements	Modified

ICR Details

OMB Control No: 2126-0009	ICR Reference No: 202311-2126-002
Status: Received in OIRA	Previous ICR Reference No: 202007-2126-003
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	Date Submitted to OIRA: 12/18/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/29/2024
Responses	162,533	184,749
Time Burden (Hours)	48,760	55,425
Cost Burden (Dollars)	93,944	106,785

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Abstract: This is a request for an extension of a previously approved 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. This extension request decreases FMCSA’s burden hours estimate based on a decrease in the number of reportable crashes in 2020-2022. Carriers must make all these records available to authorized representatives or special agents of FMCSA upon request. 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. The information may corroborate other evidence or assist the FMCSA investigator in establishing a violation of a Federal Motor Carrier Safety Regulation. For example, data entered in the Accident Register may conflict with information contained in other documents, such as the record of duty status, or logbook, of a CMV driver, and point to illegal falsification of the RODS by the driver, the motor carrier, or both. Pursuant to section 390.15(b)(1), a motor carrier must obtain, at a minimum, the following information about each CMV accident for 3 years from the date of the 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:
	88 FR 53579	08/08/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 86723	12/14/2023
Did the Agency receive public comments on this ICR? Yes

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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 Request	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	162,533	184,749	0	0	-22,216	0
Annual Time Burden (Hours)	48,760	55,425	0	0	-6,665	0
Annual Cost Burden (Dollars)	93,944	106,785	0	0	-12,841	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 currently approved number of annual respondents is 89,270. The Agency increases the number of annual respondents per year to 93,280. This estimate is based on the average of all interstate and intrastate motor carriers associated with crashes reported in MCMIS for each calendar year from 2020 through 2022. The currently approved burden is 55,425 burden hours. The Agency decreases its estimate to 48,760 hours. The text of section 390.15(b) is unchanged; the decrease in burden hours does not reflect changes in the requirements for accident recordkeeping. The adjustment in annual burden hours is due to a revised estimate of the number of reportable crashes from 184,749 to 162,533 per year, using interstate and intrastate DOT-reportable motor carrier crash records in MCMIS for calendar years 2020 through 2022.

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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? No

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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: 12/18/2023

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