[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44439-44441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21304]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 390
RIN 2125-AC51
Accident Recordkeeping Requirements
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; technical amendments.
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SUMMARY: This document technically amends the definition of the term
accident in FHWA's Federal motor carrier safety regulations to include
language that was inadvertently omitted from a previous final rule, and
technically amends those regulations to indicate that the Office of
Management and Budget has approved the accident recordkeeping
requirements as amended by this rule. The full intention of the FHWA
was to require interstate motor carriers to include their accidents
involving a commercial motor vehicle engaged in intrastate commerce on
accident registers. The definition of the term accident is amended to
reflect this intention.
EFFECTIVE DATE: September 27, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor
Carrier Research and Standards, (202) 366-5763, or Mrs. Allison Smith,
Office of the Chief Counsel, (202) 366-0834, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: On February 2, 1993, the FHWA published a
final rule in the Federal Register (58 FR 6726) which removed the
accident notification and reporting requirements in part 394 of the
Federal Motor Carrier Safety Regulations (FMCSRs) and added a
requirement in part 390 that motor carriers maintain an accident
register consisting of a list of information about accidents and copies
of all accident reports required by governmental authorities or
insurers. The accidents that must be included in an accident register
were specified by the definition of the term accident in 49 CFR 390.5.
The term accident, as currently defined, does not include an accident
involving a commercial motor vehicle engaged in intrastate commerce.
This type of accident was covered by the accident notification and
reporting requirements in part 394. The FHWA inadvertently failed to
include this type of accident in the definition of the term accident.
The full intention of the FHWA was to require interstate motor carriers
to include their accidents involving a commercial motor vehicle engaged
in intrastate commerce on accident registers.
The FHWA is therefore making a technical amendment to the
definition of the term accident to include accidents involving a
commercial motor
[[Page 44440]]
vehicle engaged in intrastate commerce. The phrase ``in interstate or
intrastate commerce'' is being inserted into the definition of the term
accident. This technical amendment will require interstate motor
carriers to include accidents involving a commercial motor vehicle
engaged in interstate or intrastate commerce in their accident
registers. There is a long precedent of interstate motor carriers being
required to file and/or maintain reports about accidents involving a
commercial motor vehicle engaged in interstate, foreign, or intrastate
commerce. This technical amendment clarifies the FHWA's intent
regarding this issue.
An accident register, which includes all accidents meeting this
amended definition, assists the FHWA in evaluating a motor carrier's
accidents and developing countermeasures to reduce future accidents.
The FHWA is also able to compare a motor carrier's accident register
with the accident data from the automated State accident reporting
system to ensure that all accidents as defined in Sec. 390.5 are
accounted for in the system.
Rulemaking Analyses and Notices
Prior notice and opportunity for comment are unnecessary under 5
U.S.C. 553(b)(3)(B) because this rule does not impose any additional
duty or obligation on any motor carrier. Instead, it simply reinstates
the requirement to keep records on accidents involving a commercial
motor vehicle operating in intrastate commerce, which was inadvertently
omitted when the accident recordkeeping requirements were last revised,
and provides notice to the public that the Office of Management and
Budget has approved the information collection burden of the accident
recordkeeping requirements of part 390, as amended by this rule.
Therefore, in this purely procedural action, the FHWA is not exercising
its discretion in a way that could be meaningfully affected by public
comment. In addition, due to the technical nature of this final rule,
the FHWA has determined that prior notice and opportunity for comment
are not required under Department of Transportation's regulatory
policies and procedures, as it is anticipated that such action would
not result in the receipt of useful information. Therefore, the FHWA is
proceeding directly to a final rule.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of Department of Transportation
regulatory policies and procedures. The FHWA estimates that
approximately 87,000 accidents, as defined in 49 CFR 390.5, occur
annually. The FHWA believes that the amount of time needed for
interstate motor carriers to collect and record the seven elements of
information on accident registers is minimal because the information is
readily available. In consideration of the total number of accidents
which must be included on accident registers and the short period of
time necessary to record information about each accident, the economic
burden imposed by the accident recordkeeping requirements is minimal.
Since the economic burden for maintaining records about all accidents
as defined in 49 CFR 390.5 is not significant, the economic burden of
the recordkeeping for the portion of these accidents which occur in
intrastate commerce is also not significant. Therefore, a full
regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this action on small
entities. This action does not impose any additional duty or obligation
on any motor carrier, regardless of its size, because this action
simply reinstates a requirement which was inadvertently omitted when
the accident recordkeeping requirements were last revised. The majority
of small motor carriers do not have an accident, as defined in 49 CFR
390.5, in a given year. Any motor carrier without an accident, as
defined in 49 CFR 390.5, in a given year is not required to maintain an
accident register for this year. The FHWA certifies that this action
will not have a significant impact on a substantial number of small
entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment.
Nothing in this document preempts any State law or regulation. This
final rule does not limit the policymaking discretion of the States.
Federal funding is available to assist States in implementing and
operating their accident reporting systems. Nothing in this document
changes any condition for this funding or has any other impact upon
State governments.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
The information collection requirements as amended by this rule
have been approved by the Office of Management and Budget in accordance
with the provisions of the Paperwork Reduction Act of 1980, 44 U.S.C.
3501-3520, and assigned the control number of 2125-0526 which expires
on March 31, 1998.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 390
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Issued on: August 21, 1995.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA hereby amends title 49,
Code of Federal Regulations, subtitle B, chapter III, part 390 as set
forth below:
PART 390--[AMENDED]
1. The authority citation for Part 390 continues to read as
follows:
Authority: 49 U.S.C. 5901-5907, 31132, 31133, 31136, 31502, and
31504; and 49 CFR 1.48.
2. Section 390.5 is amended by revising the definition of Accident
to read as follows:
Sec. 390.5 Definitions.
* * * * *
[[Page 44441]]
Accident means--
(1) Except as provided in paragraph (2) of this definition, an
occurrence involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of the
accident; or
(iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle to be transported
away from the scene by a tow truck or other motor vehicle.
(2) The term accident does not include:
(i) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or
(ii) An occurrence involving only the loading or unloading of
cargo; or
(iii) An occurrence in the course of the operation of a passenger
car or a multipurpose passenger vehicle (as defined in Sec. 571.3 of
this title) by a motor carrier and is not transporting passengers for
hire or hazardous materials of a type and quantity that require the
motor vehicle to be marked or placarded in accordance with Sec. 177.823
of this title.
* * * * *
Sec. 390.15 [Amended]
3. Section 390.15 is amended by adding the following parenthetical
language at the end of the section to read as follows:
(Approved by the Office of Management and Budget under control
number 2125-0526)
[FR Doc. 95-21304 Filed 8-25-95; 8:45 am]
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