[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Proposed Rules]
[Pages 60990-60997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24525]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 396

[Docket No. FMCSA-2019-0075]
RIN 2126-AC29


Passenger Carrier No-Defect Driver Vehicle Inspection Reports

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

[[Page 60991]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: FMCSA proposes to rescind the requirement that drivers of 
passenger-carrying commercial motor vehicles (CMVs) operating in 
interstate commerce, submit, and motor carriers retain, driver-vehicle 
inspection reports (DVIRs) when the driver has neither found nor been 
made aware of any vehicle defects or deficiencies (no-defect DVIRs). 
This proposed rule would remove an information collection burden 
without adversely impacting safety.

DATES: You must submit comments on or before January 13, 2020. Comments 
sent to the Office of Information and Regulatory Affairs (OIRA) at the 
Office of Management and Budget (OMB) on the collection of information 
must be received by OMB on or before January 13, 2020.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2019-0075 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: (202) 493-2251.
     Mail: Docket Operations (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., e.t., Monday through Friday, except Federal holidays.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' heading under 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including information collection comments for OIRA at OMB.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Chief, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver & Vehicle 
Safety Standards, at Federal Motor Carrier Safety Administration 1200 
New Jersey Avenue SE, Washington, DC 20590-0001; 
Michael.Huntley@dot.gov, (202) 366-4325. If you have questions on 
viewing or submitting material to the docket, contact Docket 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request For Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice of proposed rulemaking (NPRM) (FMCSA-2019-0075), indicate the 
specific section of this document to which your comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. FMCSA recommends that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so that FMCSA can contact you if 
there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2019-0075, click on the ``Comment Now!'' button 
and type your comment into the text box on the following screen. Choose 
whether you are submitting your comment as an individual or on behalf 
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission that constitutes CBI as ``PROPIN'' to indicate it 
contains proprietary information. FMCSA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this NPRM. Submissions containing CBI should be 
sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington DC 20590. Any comments that FMCSA receives which are not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2019-0075 and choose the 
document to review. If you do not have access to the internet, you may 
view the docket online by visiting Docket Operations in Room W12-140 on 
the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice DOT/ALL-14 FDMS, which can be reviewed at https://www.transportation.gov/privacy.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under 49 U.S.C. 31136(g)(1), FMCSA is required to publish an 
advance notice of proposed rulemaking (ANPRM) or conduct a negotiated 
rulemaking if a proposed rule is likely to lead to the promulgation of 
a major rule.\1\ As this proposed rule is not likely to result in the 
promulgation of a major rule, the Agency is not required to issue an 
ANPRM or to proceed with a negotiated rulemaking.
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    \1\ A ``major rule'' means any rule that the Administrator of 
OIRA at OMB finds has resulted in or is likely to result in (a) an 
annual effect on the economy of $100 million or more; (b) a major 
increase in costs or prices for consumers, individual industries, 
Federal agencies, State agencies, local government agencies, or 
geographic regions; or (c) significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets (5 U.S.C. 
804(2)).
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E. Comments on the Collection of Information

    If you have comments on the collection of information discussed in 
this NPRM, you must also send those comments to the Office of 
Information and Regulatory Affairs at OMB. To ensure that your comments 
are received on time, the preferred methods of submission are by email 
to oira_submissions@omb.eop.gov (include docket number ``FMCSA-2019-
0075'' and ``Attention: Desk Officer for

[[Page 60992]]

FMCSA, DOT'' in the subject line of the email) or fax at 202-395-6566. 
An alternative, though slower, method is by United States mail to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW, Washington, DC 20503, ATTN: Desk Officer, 
FMCSA, DOT. Although comments can be received up to the close of the 
comment period, comments will be most useful if received by OIRA within 
30 days of publication of this NPRM.

II. Executive Summary

Purpose of the Regulatory Action

    As part of the Agency's ongoing effort to review existing 
regulations to evaluate their continued necessity and effectiveness, 
FMCSA proposes rescinding the requirement that drivers of passenger-
carrying CMVs operating in interstate commerce, submit, and motor 
carriers retain, DVIRs when the driver has neither found nor been made 
aware of any vehicle defects or deficiencies. This proposed rule would 
remove an information collection burden without impacting safety 
adversely.

Benefits and Costs

    The proposed rule would affect all passenger carriers currently 
subject to 49 CFR 396.11. Current regulations require drivers employed 
by passenger carriers--except drivers for private (nonbusiness) 
passenger carriers, driveaway-towaway operations, or those operating 
only one CMV--to report on the DVIR any vehicle defects in need of 
repair noted or discovered during a driving day. Drivers must submit 
this report to the employing passenger carrier so that repairs can be 
made. Regulations currently require drivers of passenger-carrying CMVs 
to file the DVIR even if there are no vehicle defects to report. Motor 
carriers are required to maintain the original DVIR, the certification 
of repairs, and the certification of the driver's review for 3 months 
from the date the written report was prepared. The proposed rule would 
eliminate the need for a driver to file, and a motor carrier to 
maintain, a no-defect DVIR.
    The Agency estimates that passenger-carrying CMV drivers spend 
approximately 2.4 million hours each year completing no-defect DVIRs, 
and that the proposed rule would result in a cost savings of $74 
million per year. There is no discernible safety benefit to this 
burden.
    If finalized, the proposed rulemaking would result in reduced 
government-imposed costs, and therefore would be a deregulatory action 
under Executive Order (E.O.) 13771, ``Reducing Regulation and 
Controlling Regulatory Costs'' (issued January 30, 2017, and published 
February 3, 2017, at 82 FR 9339). The present value of the cost 
savings, measured on an infinite time horizon at a 7 percent discount 
rate, expressed in 2016 dollars, would be $1 billion. On an annualized 
basis, these cost savings would be $71 million.

III. Legal Basis for the Rulemaking

    This proposed rule is based on the authority of the Motor Carrier 
Act of 1935 (1935 Act) (49 U.S.C. 31502(b)) and the Motor Carrier 
Safety Act of 1984 (1984 Act) (49 U.S.C. 31136(a)), both of which are 
broadly discretionary.
    The 1935 Act provides that the Secretary of Transportation 
(Secretary) may prescribe requirements for the following:
     Qualifications and maximum hours of service of employees 
of, and safety of operation and equipment of, a motor carrier (Sec.  
31502(b)(1)), and
     Qualifications and maximum hours of service of employees 
of, and standards of equipment of, a motor private carrier, when needed 
to promote safety of operation (Sec.  31502(b)(2)).
    This rulemaking is based on the Secretary's authority under both 
Sec.  31502(b)(1) and (2).
    The 1984 Act authorizes the Secretary to regulate drivers, motor 
carriers, and vehicle equipment. Section 31136(a) requires the 
Secretary to publish regulations on CMV safety. Specifically, the Act 
sets forth minimum safety standards to ensure that: (1) CMVs are 
maintained, equipped, loaded, and operated safely (49 U.S.C. 
31136(a)(1)); (2) the responsibilities imposed on operators of CMVs do 
not impair their ability to operate the vehicles safely (49 U.S.C. 
31136(a)(2)); (3) the physical condition of CMV operators is adequate 
to enable them to operate the vehicles safely (49 U.S.C. 31136(a)(3)); 
and (4) the operation of CMVs does not have a deleterious effect on the 
physical condition of the operators (49 U.S.C. 31136(a)(4)). Section 
32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) 
[Pub. L. 112-141, 126 Stat. 405, 818, July 6, 2012] enacted a fifth 
requirement, i.e., to ensure that ``(5) an operator of a commercial 
motor vehicle is not coerced by a motor carrier, shipper, receiver, or 
transportation intermediary to operate a commercial motor vehicle in 
violation of a regulation promulgated under this section, or chapter 51 
or chapter 313 of this title'' (49 U.S.C. 31136(a)(5)). The 1984 Act 
grants the Secretary broad power in carrying out motor carrier safety 
statutes and regulations to ``prescribe recordkeeping and reporting 
requirements'' and to ``perform other acts the Secretary considers 
appropriate'' (49 U.S.C. 31133(a)(8) and (10)).
    This proposed rule implements, in part, the Administrator's 
authority under Sec.  31136(a)(1) to ensure that CMVs are maintained, 
equipped, loaded, and operated safely. The NPRM is also based on the 
broad recordkeeping and implementation authority of Sec.  31133(a)(8) 
and (10). This proposed rule addresses only CMV equipment and reporting 
requirements. It does not address the question whether drivers' 
responsibilities affect their ability to operate CMVs safely (49 U.S.C. 
31136(a)(2)). The provisions of the 1984 Act dealing with the physical 
condition of drivers (Sec.  31136(a)(3)-(4)) do not apply. Finally, as 
to ensuring that operators of CMVs are not coerced by motor carriers, 
shippers, receivers, or transportation intermediaries to operate a CMV 
in violation of a regulation, the rule would eliminate only the 
requirement for drivers of passenger-carrying CMVs to prepare reports 
when there are no defects or deficiencies; it would keep in place the 
rule requiring reports when there are defects or deficiencies, as well 
as the requirement for motor carriers to take appropriate action on 
receipt of the report when problems with the vehicle are noted. Because 
the rule would remove a regulatory burden criticized by both drivers 
and motor carriers (and irrelevant to passenger brokers or tour 
groups), there is virtually no possibility that the driver of a 
passenger-carrying CMV would be coerced to violate the rule itself. A 
passenger carrier may require a driver to continue filing no-defect 
DVIRs even in the absence of a regulatory requirement, but that would 
be a condition of employment to perform duties not required by a safety 
regulation, and would therefore not constitute coercion to violate a 
safety regulation.

IV. Background

    In response to a joint petition for rulemaking submitted by the 
Ocean Carrier Equipment Management Association and the Institute of 
International Container Lessors, FMCSA published a final rule on June 
12, 2012 (77 FR 34846), eliminating the requirement for drivers 
operating intermodal equipment (IME) to submit--and intermodal 
equipment providers to retain--DVIRs when the driver has neither found 
nor been made aware of any defects in the IME. The Agency estimated 
that approximately 95 percent of DVIRs for IME do not identify

[[Page 60993]]

defects and concluded that requiring DVIRs to be filed only on the 
roughly 5 percent of IME with defects would focus attention on the IME 
that needs it--rather than the 95 percent with no defects. FMCSA 
emphasized that the rule did not change a driver's obligation to assess 
the condition of IME at the end of a workday to determine whether the 
IME has defects or deficiencies that could affect operational safety. 
Although FMCSA removed the requirement for a driver to complete a DVIR 
if no defects or deficiencies had been discovered by or reported, the 
driver must still inspect the IME to make this determination and 
prepare a DVIR if defects or deficiencies are discovered or reported. 
The Agency stated that it did not believe that implementation of the 
rule would lead to an increase in safety risk because there are 
multiple opportunities for IME to be inspected for potential safety 
defects. FMCSA estimated the time and cost savings associated with the 
rule due to reduced paperwork burdens to be 1.636 million hours and $54 
million dollars annually.
    Subsequently, and in response to Executive Order 13563, ``Improving 
Regulation and Regulatory Review'' (issued January 18, 2011, and 
published January 21, 2011, at 76 FR 3821), FMCSA published an NPRM on 
August 7, 2013 (78 FR 48125) that proposed extending the same relief 
regarding no-defect DVIRs to all interstate motor carriers subject to 
part 396 of the FMCSRs, except operators of passenger-carrying CMVs. 
FMCSA published a final rule on December 18, 2014 (79 FR 75437), 
adopting the changes proposed in the NPRM. As with the June 2012 final 
rule regarding no-defect DVIRs for IME, FMCSA concluded that the no-
defect DVIR requirements impose a substantial time and paperwork burden 
on the trucking industry with no discernible safety benefit. FMCSA 
estimated that non-passenger-carrying CMV drivers spend approximately 
46.7 million hours each year completing no-defect DVIRs, and estimated 
that the monetized value of this time was $1.7 billion per year.

V. Discussion of Proposed Rulemaking

    The Agency proposes to rescind, for operators of passenger-carrying 
CMVs, the requirement in 49 CFR 396.11(a)(2) that CMV drivers submit, 
and motor carriers retain, DVIRs when the driver has neither found nor 
been made aware of any vehicle defects or deficiencies.
    Drivers and motor carriers have long been required to share the 
safety responsibility for operating CMVs and for assessing the 
condition of CMVs and documenting deficiencies and repairs. Section 
392.7(a) states that ``No commercial motor vehicle shall be driven 
unless the driver is satisfied that the following parts and accessories 
are in good working order . . .'' Section 393.1(b)(1) provides that 
``[e]very motor carrier and its employee must be knowledgeable of and 
comply with the requirements and specifications of this part,'' and 
Sec.  393.1(c) states that ``No motor carrier may operate a commercial 
motor vehicle, or cause or permit such vehicle to be operated, unless 
it is equipped in accordance with the requirements and specifications 
of this part.'' Section 396.3(a)(1) requires that ``[p]arts and 
accessories shall be in safe and proper operating condition at all 
times.'' Section 396.11(a) states that every motor carrier must 
``require its drivers to report, and every driver shall prepare a 
report in writing at the completion of each day's work on each vehicle 
operated,'' covering a specific list of parts and accessories. Section 
396.11(c) states that ``Prior to requiring or permitting a driver to 
operate a vehicle, every motor carrier or its agent shall repair any 
defect or deficiency listed on the driver vehicle inspection report 
which would be likely to affect the safety of operation of a vehicle.''
    FMCSA emphasizes that the Agency is not foregoing the fundamental 
requirements of part 393, Parts and Accessories Necessary for Safe 
Operation, nor is it proposing to change any other element of the 
inspection, repair, and maintenance requirements of part 396. Drivers 
will still be required to perform pre-trip evaluations of equipment 
condition and complete DVIRs if any defects or deficiencies are 
discovered or reported during the day's operations. Motor carriers will 
still be required to have systematic inspection, repair, and 
maintenance (including preventative maintenance) programs and maintain 
records to prove measures are being taken to reduce to the extent 
practicable, the risk of mechanical problems occurring while the 
vehicle is in operation. In addition, motor carriers will still be 
required to review DVIRs that list defects or deficiencies and take 
appropriate action before the vehicle is dispatched again. The Agency 
will retain the requirement that carriers complete periodic or annual 
inspections and maintain documentation for the individuals who perform 
periodic inspections and individuals responsible for performing brake-
related inspection, repair, and maintenance tasks. Furthermore, these 
CMVs will remain subject to roadside inspections.
    In excluding passenger-carrying CMVs from the December 2014 final 
rule, FMCSA noted that (1) a passenger carrier crash is a low-
probability but high-consequence event in terms of potential deaths and 
injuries, so vehicle maintenance is paramount, (2) motorcoach drivers 
often need to interact with their passengers at the beginning and end 
of their workday, and often during the trip as well, which may impact 
the driver's ability to properly document defects and deficiencies in 
the mechanical condition of the vehicle, and (3) because they are 
carrying the most valuable cargo, motor carriers of passengers must 
exercise heightened diligence over their operations, including CMV 
maintenance.
    FMCSA has reviewed available data spanning several years regarding 
vehicle out-of-service rates for both trucks and passenger-carrying 
vehicles, including data before and after implementation of the 
December 2014 final rule. FMCSA's Motor Carrier Management Information 
System (MCMIS) data show that the vehicle out-of-service rate for 
trucks is consistently about 21 percent annually--both before and after 
implementation of the December 2014 final rule. While the Agency 
received several public comments during development of the December 
2014 rule expressing concern that eliminating the requirement for no-
defect DVIRs would result in (1) a reduced level of safety and 
maintenance and (2) a higher percentage of vehicle violations and out-
of-service orders, the data show that the vehicle out-of-service rate 
for trucks has remained nearly constant before and after implementation 
of the rule.
    The MCMIS data also show that the vehicle out-of-service rate for 
passenger-carrying vehicles is approximately 6.6 percent annually--
consistently less than one-third of the corresponding vehicle out-of-
service rate for trucks. From this data, motor carriers of passengers--
because of the nature of their operations and sensitive cargo that they 
transport--have established and implemented comprehensive inspection, 
repair and maintenance programs that help ensure that their vehicles 
are in safe and proper operating condition at a rate that far exceeds 
that of other CMVs. As noted above, implementation of the December 2014 
rule eliminating the requirement for no-defect DVIRs for trucks has not 
resulted in a reduced level of maintenance and safety or a higher 
percentage of vehicle violations and out-of-service violations. Given 
that passenger-carrying vehicles have a significantly lower vehicle 
out-of-service rate generally, the Agency does not believe that 
extending to them the same relief from the preparation and

[[Page 60994]]

retention of no-defect DVIRs will result in any degradation in safety. 
Further, FMCSA emphasizes that it is not proposing to prohibit motor 
carriers of passengers from requiring their drivers to prepare no-
defect DVIRs if they wish, but is only proposing to eliminate the 
current requirement for a no-defect DVIR.

V. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries in which they operate, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

VI. Section-by-Section Analysis

    FMCSA proposes amending 49 CFR part 396 by deleting a portion of 
the last sentence in Sec.  396.11(a)(2) that reads ``The driver of a 
passenger-carrying CMV subject to this regulation must prepare a report 
even if no defect or deficiency is discovered by or reported to the 
driver; the drivers of all other commercial motor vehicles are not 
required to prepare a report if no defect or deficiency is discovered 
by or reported to the driver.'' FMCSA would revise the sentence to read 
``Drivers are not required to prepare a report if no defect or 
deficiency is discovered by or reported to the driver.''

VII. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving 
Regulation and Regulatory Review), and DOT Regulatory Policies and 
Procedures

    This proposed rule is not a significant regulatory action under 
section 3(f) of E.O. 12866, Regulatory Planning and Review, as 
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is also 
not significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.6, Dec. 18, 2018) and does not require an 
assessment of potential costs and benefits under section 6(a)(4) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order.
Baseline for the Analysis
    Under Sec.  396.11, interstate passenger carriers [except private 
(nonbusiness) carriers, driveaway-towaway operations, or those 
operating only one CMV] must require their drivers to prepare a DVIR at 
the completion of work each day for each vehicle operated that covers 
at a minimum:

 Service brakes including trailer brake connections
 Parking brake
 Steering mechanism
 Lighting devices and reflectors
 Tires
 Horn
 Windshield wipers
 Rear vision mirrors
 Coupling devices
 Wheels and rims
 Emergency equipment.

    The report must list any defect or deficiency discovered by or 
reported to the driver which would affect the safety of operation or 
result in mechanical breakdown. The driver must prepare and submit the 
report even if no defect or deficiency is identified and the carrier 
must retain the report for three months from the date the written 
report was prepared.
    Passenger carriers use various means of compliance with this 
requirement including paper DVIRs and associated processes for tracking 
and filing (e.g., separating DVIRs that identify defects from those 
that do not; maintaining separate files of each) and electronic systems 
for completing a DVIR and retaining the record.\2\
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    \2\ J.J. Keller provides a sample paper report available at 
https://www.jjkellertraining.com/Samples/28146_JJK_Motor_Coach_Vehicle_Inspections_DEMO/story_content/external_files/DVIR.pdf. A wide variety of vendors supply electronic 
DVIR systems, such as https://www.teletracnavman.com/our-solutions/compliance/dvir, https://www.verizonconnect.com/resources/article/electronic-inspection-form-dvir/, and https://fleetrevolution.com/fleetrevolution-bus-dvir.
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    FMCSA does not have information on the ratio of electronic versus 
paper-based DVIR processes used by passenger carriers. Regardless of 
the means of compliance, the burden associated with the existing 
requirement to complete no-defect DVIRs is estimated at 155 seconds per 
report in the most recent approved supporting statement for Information 
Collection Request (ICR), OMB control number 2126-0003.
    The supporting statement estimated that there are 247,496 
passenger-carrying CMVs in operation and subject to the current DVIR 
requirements. As such, the no-defect DVIR rule imposes a substantial 
time and paperwork burden on passenger carriers with no discernible 
safety benefit.
Costs
    In 2014, the Agency estimated cost savings associated with 
eliminating the requirement for no-defect DVIRs for property carrying 
CMVs. As that rule is analogous to the proposed rule, this analysis 
follows the same approach. The Agency's 2018 approved supporting 
statement for ICR 2126-0003 states that there are 247,496 passenger-
carrying CMVs for which DVIRs must be prepared, submitted, and 
reviewed. Consistent with the methodology of the supporting statement 
and the 2014 analysis, the Agency assumes that each of these vehicles 
is used 65 percent of the year, and that 95 percent of DVIRs are no-
defect DVIRs for which it estimated a burden of 155 seconds. Therefore, 
the Agency estimated a paperwork burden of 2,401,747 hours [247,496 
vehicles x (0.65 x 365) x 0.95 x 155 = 8,646,288,229 seconds or 
2,401,747 hours]. Using a labor rate of $31 per hour,\3\ the Agency 
estimates a potential cost savings of $74 million per year. Because 
some carriers might choose to continue to require their drivers to 
submit no-defect DVIRs, the actual cost savings could be less than the 
potential. The Agency, however, assumes that a rational agent would 
seek to reduce costs, and that all carriers subject to the proposed 
rule would cease to require no-defect DVIRs. Therefore, the proposed 
rule would result in cost savings of $74 million per year (Table 1). 
The Agency welcomes input on the degree to which carriers subject to 
the proposed rule would retain no-defect reporting.
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    \3\ This wage is specific to bus drivers. Note that this rate 
differs from that used in the approved supporting statement which 
reflected the wage for a business operations specialist in the truck 
transportation industry.

               Table 1--Calculation of Annual Cost Savings
------------------------------------------------------------------------
                        Variable                               Value
------------------------------------------------------------------------
Number of CMVs..........................................         247,496
Frequency of daily usage................................             65%
Frequency of no-defect DVIRs............................             95%
Time to complete a no-defect DVIR (seconds).............             155
Total time saved (hours)................................       2,401,747
Wage rate (per hour) \1\................................             $31
                                                         ---------------
    Total savings.......................................     $73,665,012
------------------------------------------------------------------------
\1\ Source: Bureau of Labor Statistics (BLS). 2019. May 2018 National
  Industry-Specific Occupational Employment and Wage Estimates. https://www.bls.gov/bls/blswage.htm. Based on occupational code 53-3021, Bus
  Drivers, Transit and Intercity. The wage rate is scaled up to reflect
  an estimate of the total labor costs; wages and salaries accounted for
  70.0% of total employee cost for private industry workers in December
  2018 (BLS, 2019; https://www.bls.gov/news.release/pdf/ecec.pdf).

Benefits

    The potential for the proposed rule to result in benefits relates 
to the change in crash risk, if any, that would result

[[Page 60995]]

from allowing a defect-based DVIR approach. The Agency has no 
information to suggest that preparation, submission, and review of no-
defect DVIRs produces a greater level of safety than that of a defect-
based approach. Further, no degradation in safety attributable to the 
2014 elimination of the no-defect DVIR requirement for trucks has been 
observed. Both the baseline approach and the defect-based approach 
ensure that vehicles are inspected so that defects are noted and 
addressed. Therefore, the proposed rule would be expected to maintain 
the same level of safety. The Agency, however, seeks comment on the 
safety impact of the proposed rule and notes that commenters to the 
analogous rule for trucks had varied opinions regarding whether no-
defect DVIRs are of value with respect to safety (see Docket No. FMCSA-
2012-0036).

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    This proposed rule would have total costs less than zero, and is 
therefore an E.O. 13771 deregulatory action.\4\ The present value of 
the cost savings of this rule, measured on an infinite time horizon at 
a 7 percent discount rate, expressed in 2016 dollars, and discounted to 
2020 (the year the rule goes into effect and cost savings would first 
be realized), is $1 billion. On an annualized basis, these cost savings 
are $71 million.
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    \4\ Executive Office of the President. Office of Management and 
Budget. Memorandum M-17-21. Guidance Implementing Executive Order 
13771. April 5, 2017. Q4 on page 4.
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    For E.O. 13771 accounting, the April 5, 2017, OMB guidance requires 
that agencies also calculate the costs and cost savings discounted to 
year 2016.\5\ In accordance with this requirement, the present value of 
the cost savings of this rule, measured on an infinite time horizon at 
a 7 percent discount rate, expressed in 2016 dollars, and discounted to 
2016, is $771 million. On an annualized basis, these cost savings are 
$54 million.
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    \5\ Executive Office of the President. Office of Management and 
Budget. Memorandum M-17-21. Guidance Implementing Executive Order 
13771. April 5, 2017. Q25 on page 11.
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C. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires Federal agencies to consider the effects of a regulatory 
action on small business and other small entities and to minimize any 
significant economic impact. The term ``small entities'' comprises 
small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields 
and governmental jurisdictions with a population of less than 
50,000.\6\
---------------------------------------------------------------------------

    \6\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.), see 
National Archives at http://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html.
---------------------------------------------------------------------------

    Accordingly, DOT policy requires an analysis of the impact of all 
regulations on small entities, and mandates that agencies try to 
minimize any adverse effects on these entities. Under the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 
857), the proposed rule is expected to have a positive economic impact 
on small entities in the form of cost savings through the elimination 
2.4 million paperwork burden hours.
    FMCSA invites comment from members of the public who believe there 
will be a significant impact either on small businesses or on 
governmental jurisdictions with a population of less than 50,000.

Initial Regulatory Flexibility Analysis (IRFA)

    (1) A description of the reason why action by the Agency is being 
considered.
    FMCSA proposes rescinding the requirement that drivers of 
passenger-carrying CMVs submit, and motor carriers retain, a DVIR when 
the driver has neither found nor been made aware of any vehicle defects 
or deficiencies (no-defect DVIR). This proposed rule would remove a 
significant information collection burden without adversely impacting 
safety.
    (2) A succinct statement of the objectives of, and legal basis for, 
the proposed rule.
    The objective of the NPRM is to eliminate a paperwork burden on 
passenger-carrying motor carriers currently subject to 49 CFR 396.11. 
This proposed rule is based on the authority of the 1935 Act and the 
1984 Act, both of which are broadly discretionary. The rule implements, 
to some extent, the Administrator's authority under Sec.  31136(a)(1) 
to ensure that CMVs are maintained, equipped, loaded, and operated 
safely. The NPRM is also based on the broad recordkeeping and 
implementation authority of Sec.  31133(a)(8) and (10). The removal of 
the obligation to prepare and retain no-defect DVIRs would not 
compromise drivers' ability to report vehicle problems to the carrier, 
or relieve carriers of the responsibility to act to correct such 
problems.
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule would apply.
    The Small Business Administration (SBA) has established size 
standards for various types of economic activities, or industries, 
under the North American Industry Classification System (NAICS). These 
size standards generally define small businesses based on the number of 
employees or annual receipts. For example, the SBA defines a small 
business in the transit and ground passenger transportation subsectors 
(NAICS 485) as an entity with annual revenue of less than $15 million 
(13 CFR 121.201). The SBA definition of a small business applies to a 
firm's highest domestic parent entity and all affiliates as a single 
entity. The business size is determined based on the primary economic 
sector of the parent company, which is not necessarily NAICS 485.
    FMCSA data indicate a total of 8,189 interstate and intrastate 
passenger carriers. However, the Agency does not have data on company 
affiliations, NAICS, and revenues or employees with which to determine 
how many of these carriers are small entities.
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which would be subject to 
requirements and the type of professional skills necessary for 
preparation of the report or record.
    The proposed rule eliminates the need for drivers of passenger-
carrying CMVs to complete a DVIR on days during which they do not 
identify any defects. The companies for which these drivers work would 
also be spared the burden of maintaining no-defect reports. The 
proposed rule would apply to interstate passenger carriers (except 
private (nonbusiness) carriers, driveaway-towaway operations, or those 
operating only one CMV). The skills necessary for drivers to complete 
the report are knowledge of vehicle operation and maintenance. The 
skills necessary for motor carrier staff maintaining these records may 
be administrative as well as those of a safety or regulatory compliance 
clerk.
    (5) Identification, to the extent practicable, of all relevant 
Federal rules which may duplicate, overlap, or conflict with the 
proposed rule.
    This proposed rule does not duplicate, overlap, or conflict with 
any Federal rules.
    (6) A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes and 
which minimize

[[Page 60996]]

any significant economic impact of the proposed rule on small entities.
    The Agency has concluded that there are no significant alternatives 
to the proposed rule that would eliminate the paperwork burden without 
requiring additional investment (e.g., in electronic DVIR systems).

D. Assistance for Small Entities

    Pursuant to section 213 of SBREFA, FMCSA wants to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking 
initiative. If the proposed rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please consult the 
FMCSA point of contact, listed in the FOR FURTHER INFORMATION CONTACT 
section of this proposed rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. The Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $165 million (which is the value equivalent 
of $100,000,000 in 1995, adjusted for inflation to 2018 levels) or more 
in any one year. Though this proposed rule would not result in such an 
expenditure, the Agency does discuss the effects of this rule in this 
preamble.

F. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
FMCSA to consider the impact of paperwork and other information 
collection burdens imposed on the public. This proposed rule would 
result in a reduction of burden hours for the ``Inspection, Repair, and 
Maintenance'' ICR, OMB control number 2126-0003. This ICR comprises ten 
individual information collections, each corresponding to a different 
area of the inspection, repair, and maintenance requirements. This 
proposed rule affects only the ICR section dealing with the Driver 
Vehicle Inspection Reports for Burden for No-Defect DVIRs for 
Passenger-Carrying Vehicles.
    In 2018, based on data from its Motor Carrier Management 
Information System (MCMIS) and Licensing and Insurance System (L&I), 
FMSCA estimated that there are approximately 247,496 passenger-carrying 
CMVs. Consistent with past analyses of this ICR, the Agency assumed 
that these CMVs are used on average 65 percent of the year.
    FMCSA has divided the DVIR process into two steps. The Agency 
estimated the first step, filling out a DVIR, to take 2 minutes, 30 
seconds. The Agency estimated the second step, reviewing and signing a 
DVIR, to take 20 seconds when defects are reported and 5 seconds when 
no defects are reported. When there are no defects to note, there is 
nothing to review on the DVIR, and the form requires only a signature. 
The Agency estimates that 5 percent of DVIRs note defects and 95 
percent of DVIRs note no defects.
    If this proposed rule were to be finalized, the burden associated 
with no-defect DVIRs for passenger-carrying CMVs would be eliminated. 
The table below illustrates how this result is calculated.

                                                   Table 2--Detail of No-Defect DVIR PRA Calculations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Total DVIRs
                                                                                                (CMVs x
                                               Number of      Utilization                     utilization
                 Activity                     passenger-     rate (of 365     Percent of    rate x percent   Burden  per DVIR  (seconds)   Total annual
                                             carrying CMVs  calendar days)   CMVs affected      of CMVs                                    hourly burden
                                                                                              affected x
                                                                                                 365)
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Defect DVIRS, passenger-carrying CMVs..         247,496             65%             95%         152,829  155.........................       2,401,747
--------------------------------------------------------------------------------------------------------------------------------------------------------

    If this proposed rule were to be finalized, the annual reduction in 
hourly burdens associated with elimination of no defect DVIRs for 
passenger carrying CMVs is estimated to be 2,401,747 (247,496 CMVs x 
65% utilization x 365 days x 95% of CMVs x 155 seconds / 3,600 seconds 
per hour). The monetary value of this annual burden reduction, 
calculated using an hourly labor cost of $31, is $73,665,012 million 
(2,401,747 hours x $31, per hour).\7\
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    \7\ 1. Source: Bureau of Labor Statistics (BLS). 2019. May 2018 
National Industry-Specific Occupational Employment and Wage 
Estimates. https://www.bls.gov/bls/blswage.htm. Based on 
occupational code 53-3021, Bus Drivers, Transit and Intercity. The 
wage rate is scaled up to reflect an estimate of the total labor 
costs; wages and salaries accounted for 70.0% of total employee cost 
for private industry workers in December 2018 (BLS, 2019; https://www.bls.gov/news.release/pdf/ecec.pdf).
---------------------------------------------------------------------------

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' FMCSA determined that this proposal would not have 
substantial direct costs on or for States nor would it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation. Therefore, this rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Impact Statement.

H. E.O. 12988 (Civil Justice Reform)

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

[[Page 60997]]

I. E.O. 13045 (Protection of Children)

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), requires 
agencies issuing ``economically significant'' rules, if the regulation 
also concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. FMCSA determined this proposed rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, FMCSA does not anticipate that this regulatory 
action could in any respect present an environmental or safety risk 
that could disproportionately affect children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this proposed rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it would not effect a taking of 
private property or otherwise have taking implications.

K. Privacy

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118 
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a 
privacy impact assessment of a regulation that will affect the privacy 
of individuals. The Agency will complete a Privacy Threshold Assessment 
(PTA) to evaluate the risks and effects the proposed rulemaking might 
have on collecting, storing, and sharing personally identifiable 
information. The PTA will be submitted to FMCSA's Privacy Officer for 
review and preliminary adjudication and to DOT's Privacy Officer for 
review and final adjudication.

L. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
program.

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FMCSA has determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Therefore, it 
does not require a Statement of Energy Effects under E.O. 13211.

N. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
Tribes, on the relationship between the Federal government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.

O. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards developed or adopted by 
voluntary consensus standards bodies. This rule does not use technical 
standards. Therefore, FMCSA did not consider the use of voluntary 
consensus standards.

P. Environment (NEPA)

    FMCSA analyzed this NPRM consistent with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action 
is categorically excluded from further analysis and documentation in an 
environmental assessment or environmental impact statement under FMCSA 
Order 5610.1 (69 FR 9680 (Mar. 1, 2004)), Appendix 2, paragraph 
(6)(aa). The Categorical Exclusion (CE) in paragraph (6)(aa) relates to 
regulations requiring motor carriers, drivers, and others to ``inspect, 
repair, and provide maintenance for every CMV used on a public road,'' 
which is the focus of this rulemaking. The proposed requirements in 
this rule are covered by this CE, there are no extraordinary 
circumstances present, and the proposed action does not have the 
potential to significantly affect the quality of the environment. The 
CE determination is available for inspection or copying in the 
regulations.gov website listed under ADDRESSES.

List of Subjects in 49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.

    For the reasons stated in the preamble, FMCSA proposes amending 
title 49 CFR, Code of Federal Regulations, chapter III, to read as 
follows:

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
1. The authority citation for part 396 continues to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec. 
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

0
2. Amend Sec.  396.11 by revising paragraph (a)(2) to read as follows:


Sec.  396.11  Driver vehicle inspection report(s).

    (a) * * *
    (2) Report content. (i) The report must identify the vehicle and 
list any defect or deficiency discovered by or reported to the driver 
which would affect the safety of operation of the vehicle or result in 
its mechanical breakdown. If a driver operates more than one vehicle 
during the day, a report must be prepared for each vehicle operated. 
Drivers are not required to prepare a report if no defect or deficiency 
is discovered by or reported to the driver.
    (ii) The driver must sign the report. On two-driver operations, 
only one driver needs to sign the driver vehicle inspection report, 
provided both drivers agree as to the defects or deficiencies 
identified.
* * * * *

    Issued under authority delegated in 49 CFR 1.87 on: November 4, 
2019.
Jim Mullen,
Acting Administrator.
[FR Doc. 2019-24525 Filed 11-8-19; 8:45 am]
 BILLING CODE 4910-EX-P


