78454 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

exempt the following drivers from the 

hearing requirement in § 391.41 (b)(11). 

As of October 1, 2023, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Azulita-Jane Camacho (CA) 

Robert Culp (FL) 

Charles Davis (AL) 

Christopher Fisher (WA) 

John Price (TX) 

The drivers were included in docket 

number FMCSA–2018–0139. Their 

exemptions were applicable as of 

October 1, 2023 and will expire on 

October 1, 2025. 

As of October 8, 2023, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following five individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Judith Badore (VT) 

Dareous Glover (IL) 

Delroy Hunt (FL) 

John Norman (IL) 

Kyle Voss (WI) 

The drivers were included in docket 

number FMCSA–2021–0015. Their 

exemptions are applicable as of October 

8, 2023 and will expire on October 8, 

2025. 

As of October 10, 2023, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Kurt Bernabei (IL); and Steven Robelia 

(TN). 

The drivers were included in docket 

number FMCSA–2019–0109. Their 

exemptions are applicable as of October 

10, 2023 and will expire on October 10, 

2025. 

As of October 22, 2023, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following four individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (88 FR 69679): 

Richard Carter (MD) 

Clinton Homon (IL) 

Pete Kujawa (WI) 

Jonathan Muhm (KY) 

The drivers were included in docket 

numbers FMCSA–2014–0387, FMCSA– 

2018–0138, or FMCSA–2021–0014. 

Their exemptions are applicable as of 

October 22, 2023 and will expire on 

October 22, 2025. 

In accordance with 49 U.S.C. 

31315(b), each exemption will be valid 

for 2 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, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–25114 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0153] 

Agency Information Collection 

Activities; Request for OMB Approval 

To Renew an Information Collection 

Request: Truck and Bus Maintenance 

Requirements and Their Impact on 

Safety 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval. The Federal Motor 

Carrier Safety Administration (FMCSA) 

is authorized to study vehicle 

maintenance to determine the impact of 

vehicle maintenance requirements on 

overall motor carrier safety. FMCSA 

may fund research, development, and 

technology projects that improve the 

safety and efficiency of commercial 

motor vehicle operations through 

technological innovation and 

improvement. 

DATES: Comments on this notice must be 

received on or before December 15, 

2023. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Mike Lukuc, Program Manager, 

Technology Division, DOT, FMCSA, 

West Building 6th Floor, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001; (202) 834–6180; 

mike.lukuc@dot.gov. 

SUPPLEMENTARY INFORMATION: In this 

study, FMCSA will collect, via two 

surveys of freight motor carriers and 

passenger carrier maintenance 

managers, qualitative and quantitative 

data to assess the opinions of carrier 

representatives to develop an 

operational definition of ‘‘systematic 

maintenance’’ for trucks and buses, 

examine maintenance differences 

between vehicle classes, and identify 

industry maintenance norms. Survey 

results of those carriers with low crash 

and vehicle maintenance violation rates 

will be combined to provide guidance 

on recommended practices. 

Additionally, respondents from carriers 

with high rates of crashes and violations 

may provide useful feedback on the 

effect of the interventions within their 

maintenance programs or activities, and 

an evaluation of adequacy of current 

regulations. The information collected 

by the survey will be a critical input to 

the Recommended Practices Report, 

which is a required final product for the 

project. Three comments were received 

in response to the 60-day Federal 

Register notice. 

Title: Truck and Bus Maintenance 

Requirements and Their Impact on 

Safety. 

OMB Control Number: 2126–0069. 

Type of Request: Renewal of a 

currently approved ICR. 

Respondents: Freight motor carriers 

and passenger carriers. 

Estimated Number of Respondents: 

578 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. 

Carrier Maintenance Manager Survey: 

45 minutes]. 

Expiration Date: November 30, 2023. 

Frequency of Response: Annually. 

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: FMCSA’s core mission is 

to reduce crashes, injuries, and fatalities 

involving large trucks and buses. To aid 

in accomplishing this, the Agency uses 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78455 

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 

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 study goal 

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 

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 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 § 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 are as follows: (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 

Programs. 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 DOT strategic 

goal of Safety. 

Under contract to FMCSA, the 

Virginia Tech Transportation Institute 

(VTTI) at the Virginia Polytechnic 

Institute and State University 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, 

108-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 108 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, relating to potential 

regulatory changes, 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 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 also address the portion of 

Objective 2 regarding sufficiency of 

regulations and where interventions 

need to be improved to facilitate 

complying with these regulations. 


ddrumheller on DSK120RN23PROD with NOTICES1
78456 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

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 open– 

ended 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. 

If this data collection does not take 

place, the truck and bus industry would 

continue to operate with the uncertainty 

of what a ‘‘systematic maintenance’’ 

program, as currently worded in 

§ 396.3(a), consists of. This term’s 

ambiguous definition makes 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. 

The 60-day notice for this collection 

was published on August 24, 2023 (88 

FR 58057). The Agency received three 

comments. 

The first comment was anonymous 

and asserted that fraud within the 

industry affected the industry’s ability 

to perform maintenance that could 

enhance safety. Through the research 

enabled by this survey, the Agency 

seeks to assess the degree to which 

maintenance enhances safety. 

The second comment was from a 

maintenance trainer who stated that 49 

CFR 396.17 requires that periodic 

inspections beyond visual observation 

are required on an annual basis to 

certify that each vehicle passes 

maintenance requirements. The Agency 

agrees that periodic maintenance 

inspections that go beyond roadside 

visual inspections are an important part 

of a systematic maintenance program, 

and the research is taking into 

consideration the elements of periodic 

maintenance that impact carrier 

preventative maintenance programs. 

The third comment was from the 

National Waste and Recycling 

Association (NWRA). NWRA suggests 

that the survey should recruit carriers 

that operate vocational short-haul trucks 

(e.g., refuse hauler) because of the 

differences in duty cycles that affect 

maintenance. In particular, waste and 

recycling vehicles brake frequently as 

part of their duty cycle, which may have 

implications for maintenance and 

safety. The Agency agrees that a variety 

of highway and vocational truck and 

bus carriers will be recruited for the 

survey, but the recruitment and 

collection will be constrained to 

identifying carriers based on the 

recommended practices group and 

intervention effects group criteria. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

whether the proposed collection is 

necessary for the performance of 

FMCSA’s 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 of 49 CFR 1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2023–25196 Filed 11–14–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2023–0026] 

Agency Information Collection Activity 

Under OMB Review: Charter Service 

Operations 

AGENCY: Federal Transit Administration, 

Department of Transportation. 

ACTION: Notice of request for comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

Federal Transit Administration (FTA) to 

request the Office of Management and 

Budget (OMB) to approve the extension 

of a currently approved information 

collection: Charter Service Operations. 

DATES: Comments must be submitted 

before January 16, 2024. 

ADDRESSES: To ensure that your 

comments are not entered more than 

once into the docket, submit comments 

identified by the docket number by only 

one of the following methods: 

1. Website: www.regulations.gov. 

Follow the instructions for submitting 

comments on the U.S. Government 

electronic docket site. (Note: The U.S. 

Department of Transportation’s (DOT’s) 

electronic docket is no longer accepting 

electronic comments.) All electronic 

submissions must be made to the U.S. 

Government electronic docket site at 

www.regulations.gov. Commenters 

should follow the directions below for 

mailed and hand-delivered comments. 

2. Fax: 202–366–7951. 

3. Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001. 

4. Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Docket Operations, M–30, 

West Building, Ground Floor, Room 

W12–140, Washington, DC 20590–0001 

between 9:00 a.m. and 5:00 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: You must include the 

agency name and docket number for this 

notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA has received 

your comments, include a selfaddressed stamped postcard. Note that 

all comments received, including any 

personal information, will be posted 

and will be available to internet users, 

without change, to www.regulations.gov. 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published April 11, 2000, (65 

FR 19477), or you may visit 

www.regulations.gov. Docket: For access 

to the docket to read background 

documents and comments received, go 

to www.regulations.gov at any time. 

Background documents and comments 

received may also be viewed at the U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Docket 

Operations, M–30, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 


ddrumheller on DSK120RN23PROD with NOTICES1