Accident Recordkeeping Requirements

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.

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[[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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