Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping Requirements Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.), this notice announces that the Information

Collection Requests (ICRs) abstracted below have been forwarded to the

Office of Management and Budget (OMB) for review and comment. The ICRs

describe the nature of the information collections and their expected

burden. The Federal Register Notice with a 60-day comment period

soliciting comments on the current information collection--Motor

Carrier Assessment of Compliance Reviews--was published on July 29,

1998 [63 FR 40581] and on the proposed information collection--

Designation of Agent, Motor Carriers, Brokers and Freight Forwarders--

was published on June 4, 1998 [63 FR 30557].

DATES: Comments must be submitted on or before November 16, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Arlene Kennedy, FHWA Information

Collection Clearance Officer at (202) 366-9458.

SUPPLEMENTARY INFORMATION:

Federal Highway Administration (FHWA)

(1) Title: Designation of Agents, Motor Carriers, Brokers and

Freight Forwarders.

OMB No.: 2125-0567.

Type of Request: Extension of a currently approved collection.

Abstract: The Secretary of Transportation is authorized to register

for-hire motor carriers of regulated commodities under the provisions

of 49 U.S.C. 13903, surface freight forwarders under the provisions of

49 U.S. C. 13903, and property brokers under the provisions of 49

U.S.C. 13904. These persons may conduct transportation services only if

they are registered pursuant to 49 U.S.C. 13901. The Secretary has

delegated authority pertaining to these registrations to the FHWA.

Registered motor carriers, brokers, and freight forwarders must

designate (1) an agent on whom service of notices in proceedings before

the Secretary may be made (49 U.S.C. 13303); and (2) for every state in

which they operate, agents on whom process issued by a court may be

served in actions brought against the registered transportation entity

(49 U.S.C. 13304). Regulations governing the designation of process

agents are found at 49 CFR part 366. This designation is filed with the

FHWA on Form BOC-3.

Affected Public: Motor carriers, freight forwarders, and brokers.

Estimated Total Annual Burden Hours: 3,500.

(2) Motor Carrier Assessment of Compliance Reviews.

OMB No:. 2125-NEW.

Type of Request: New collection.

Abstract: The mission of the FHWA's Office of Motor Carriers (OMC)

is to promote safe transportation of passengers and goods on the

Nation's highways. In the performance of its duties, the OMC conducts

periodic compliance reviews with motor carriers in each State. The

reviews are normally held at the motor carrier's principal place of

business. Compliance reviews are investigations of the carrier's

operation to determine whether they meet the safety fitness standards.

To meet the safety fitness standards, a motor carrier must demonstrate

that it has adequate safety management controls in place which function

effectively to ensure acceptable compliance with applicable safety

requirements. Upon completion of a compliance review, FHWA assigns the

carrier either a satisfactory, conditional or unsatisfactory rating. A

satisfactory rating means the carrier has established and is using

adequate safety management controls that meet FHWA's safety fitness

standards. A conditional rating means a carrier has adequate controls

that could result in violations of the Federal Motor Carrier Safety

Regulations. An unsatisfactory rating means that the carrier has

inadequate controls that have resulted in violations of the

regulations. Compliance reviews can result in enforcement actions

against a carrier for violations of safety

[[Page 55422]]

regulations. A civil fine is a primary enforcement tool used by the

FHWA to induce regulatory compliance.

A survey of selected review participants will provide the

information necessary for the OMC to assess these compliance reviews so

that ongoing improvements to the compliance review process can be

accomplished. The information will be collected on a standardized

questionnaire, via mail or by telephone. Respondents will be advised of

the purpose for the survey and the confidentiality of their responses,

either by an accompanying letter or orally by telephone. The

questionnaire will request respondents to provide information

pertaining to the compliance review process (i.e. notification, purpose

and length of the review). The information will be collected from motor

carriers shortly after FHWA or State officials complete a compliance

review.

Affected Public: Motor carrier employees who signed for receipt of

the compliance review.

Estimated Total Annual Burden Hours: 250.

ADDRESSES: Send comments, within 30 days, to the Office of Information

and Regulatory Affairs, Office of Management and Budget, 725-17th

Street, NW., Washington, DC 20503, Attention DOT Desk Officer. Comments

are invited on: Whether the proposed collection of information is

necessary for the proper performance of the functions of the

Department, including whether the information will have practical

utility; the accuracy of the Department's estimate of the burden of the

proposed information collection; ways to enhance the quality, utility

and clarity of the information to be collected; and ways to minimize

the burden of the collection of information on respondents, including

the use of automated collection techniques or other forms of

information technology.

Issued in Washington, DC, on October 8, 1998.

Vanester M. Williams,

Clearance Officer, United States Department of Transportation.

[FR Doc. 98-27665 Filed 10-14-98; 8:45 am]

BILLING CODE 4910-62-P