80 FR 15913 - Federal Motor Carrier Safety Regulations; Regulatory Guidance Concerning Crashes Involving Vehicles Striking Attenuator Trucks Deployed at Construction Sites
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 58 (March 26, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 58 (March 26, 2015)
| Page Range | 15913-15914 | |
| FR Document | 2015-06817 |
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)] [Rules and Regulations] [Pages 15913-15914] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06817] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 390 Federal Motor Carrier Safety Regulations; Regulatory Guidance Concerning Crashes Involving Vehicles Striking Attenuator Trucks Deployed at Construction Sites AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Regulatory guidance. ----------------------------------------------------------------------- SUMMARY: FMCSA provides regulatory guidance concerning crashes involving motor vehicles striking the rear of attenuator trucks deployed at construction sites and whether such crashes meet the definition of ``accident'' under 49 CFR 390.5 for the motor carrier that controls the attenuator truck. Attenuator trucks are highway safety vehicles equipped with an impact attenuating crash cushion intended to reduce the risks of injuries and fatalities resulting from crashes in construction work zones. The guidance explains that such crashes in which motorists strike the attenuator trucks while they are deployed at construction work zones are not covered by the definition of accident and such occurrences will not be considered by FMCSA under its Compliance, Safety, Accountability Safety Measurement System (SMS) scores, or Safety Fitness Determination for the motor carrier that controls the attenuator truck. This guidance will provide the motor carrier industry and Federal, State, and local law enforcement officials with uniform information for use in determining whether certain crashes involving attenuator vehicles must be recorded on [[Page 15914]] the motor carrier's accident register and considered in the Agency's safety oversight programs. DATES: This guidance is effective May 26, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations; 1200 New Jersey Ave. SE., Washington, DC 20590, Telephone 202-366-4325, Email: [email protected]. SUPPLEMENTARY INFORMATION: Legal Basis The Secretary of Transportation has statutory authority to set minimum standards for commercial motor vehicle safety. These minimum standards must ensure that: (1) CMVs are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of CMVs do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of CMVs is adequate to enable them to operate the vehicles safely; (4) the operation of CMVs does not have a deleterious effect on the physical condition of the operators; and (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. (49 U.S.C. 31136(a)(1)-(5), as amended). The Secretary also has 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)). The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(f) to carry out the functions vested in the Secretary of Transportation by 49 U.S.C. chapter 311, subchapters I and III, relating to commercial motor vehicle programs and safety regulation. This document provides regulatory guidance to the public with respect to the definition of ``accident'' in 49 CFR 390.5 of the Federal Motor Carrier Safety Regulations (FMCSRs), and the recording of accidents as required under 49 CFR 390.15. All interested parties may access the guidance in this document through the FMCSA's Internet site at http://www.fmcsa.dot.gov. Background The regulatory guidance in this regulatory guidance responds to questions concerning the definition of ``accident'' in 49 CFR 390.5: Are crashes in which motorists strike the rear of attenuator trucks deployed at construction sites considered recordable accidents? Section 390.5 defines ``accident'' as an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in a fatality; bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle. It excludes occurrences involving only boarding and alighting from a stationary motor vehicle or involving only the loading or unloading of cargo. FMCSA acknowledges the potential impact on motor carriers' Safety Measurement System (SMS) scores that could result from States uploading reports about crashes involving attenuator trucks deployed at construction sites into the Agency's Motor Carrier Management Information System (MCMIS). Because these vehicles are deployed to prevent certain crashes through the use of flashing lights and to reduce the severity of crashes through the use of truck-mounted impact attenuators or crash cushions when motorists do not take appropriate action to avoid the obstacles in the construction zone, it is expected that these vehicles will be struck from time to time while the attenuators are deployed. Such events that occur in a construction zone, either stationary or moving, should not count against the safety performance record of the motor carrier responsible for the operation of the attenuator truck. FMCSA's Decision In consideration of the above, FMCSA has determined that the current regulatory guidance should be revised to make clear that crashes involving motorists striking attenuator trucks are not considered accidents, as defined under 49 CFR 390.5. The Agency issues the following guidance to 49 CFR 390.5 to read as follows: PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL Regulatory Guidance for 49 CFR 390.5 Definition of ``Accident'' Question: Are crashes involving motorists striking attenuator trucks while the impact attenuators or crash cushions are deployed included within the definition of ``accident'' with regard to the motor carrier responsible for the operation of the attenuator truck? Guidance: No. Attenuator trucks are highway safety vehicles equipped with an impact attenuating crash cushion intended to reduce the risks of injuries and fatalities resulting from crashes in construction work zones. Because these vehicles are deployed at construction work zones to prevent certain crashes through the use of flashing lights and to reduce the severity of crashes when motorists do not take appropriate action to avoid personnel and objects in the construction zone, it is expected that these vehicles will be struck from time to time while the impact attenuators or crash cushions are deployed. Therefore, such events are not considered accidents and the recordkeeping requirements of 49 CFR 390.15, Assistance in investigations and special studies, are not applicable with regard to the motor carrier responsible for the operation of the attenuator truck. If however, a commercial motor vehicle, as defined in 49 CFR 390.5, strikes an attenuator truck, this event would be considered an accident for the motor carrier responsible for the operation of the vehicle that hits the attenuator truck. Procedures Starting on the effective date of this regulatory guidance, any crash meeting the above criteria may be removed from a carrier's record of crashes. To do so the carrier operating the attenuator vehicle should file a Request for Data Review (RDR) using the DataQ system at https://www.dataqs.fmcsa.dot.gov, as a no reportable crash, and provide sufficient evidence to establish the crash in question took place between a vehicle and their attenuator vehicle deployed in a constructions zone. After the effective date of this regulatory guidance, the affected motor carrier may file a RDR to remove crashes related to this regulatory guidance from their carrier record for the previous 24 months. Issued on: March 18, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015-06817 Filed 3-25-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15913
99–661, as codified at 10 U.S.C. 2323. is DoD’s obligation to meet or exceed Paperwork Reduction Act (44 U.S.C.
Section 2323 of title 10 expired on the expectations of the Small Business chapter 35).
September 30, 2009. However, prior to Act regarding SDBs, and to provide
List of Subjects in 48 CFR Parts 205,
the implementation of the interim rule, assistance for defense-related research,
206, 215, 219, 226, 232, 235, 252, and
the implementing regulations for this development, testing, and evaluation
Appendix I to Chapter 2
law still appeared in the DFARS. activities to historically Black colleges
Implementation of this rule was needed and universities and minority Government procurement.
to preclude the risk that DoD institutions. Manuel Quinones,
contracting officers would inadvertently Section 15(g) of the Small Business
Editor, Defense Acquisition Regulations
issue a solicitation or execute a contract Act, Public Law 85–536, as amended,
System.
based on an acquisition strategy that is (15 U.S.C. 644(g)), requires all Federal
no longer authorized. agencies to make every attempt to ■ Accordingly, the interim rule
No public comments were submitted achieve the annual Government-wide amending 48 CFR parts 205, 206, 215,
in response to the initial regulatory goal for participation by SDBs. The 219, 226, 232, 235, 252, and Appendix
flexibility analysis, or in response to the statutory SDB goal is not less than 5 I to Chapter 2, which was published at
interim rule, which was published in percent of the total value of all prime 79 FR 61579 on October 14, 2014, is
the Federal Register on October 14, contract and subcontract awards for adopted as a final rule without change.
2014. Therefore, there were no issues to each fiscal year. DoD must comply with [FR Doc. 2015–06757 Filed 3–25–15; 8:45 am]
assess, and no changes to the rule were this law, and it has. The Department has BILLING CODE 5001–06–P
necessary. met or exceeded the 5 percent SDB goal
DoD does not expect this rule to have since FY 2001.
a significant economic impact on a DoD contracting officers can employ
substantial number of small entities monetary incentives in solicitations and DEPARTMENT OF TRANSPORTATION
within the meaning of the Regulatory contracts, when inclusion of such Federal Motor Carrier Safety
Flexibility Act, 5 U.S.C. 601, et seq. This incentives is, in the judgment of the Administration
expectation is based on the following contracting officer, necessary to increase
information and analysis: subcontracting opportunities for small
49 CFR Part 390
The DoD Small Disadvantaged businesses, service-disabled veteran-
Business (SDB) program has not been in owned small businesses, HUBZone Federal Motor Carrier Safety
effect since fiscal year (FY) 2008. This small businesses, women-owned small Regulations; Regulatory Guidance
rule does not change the fundamental businesses, as well as small Concerning Crashes Involving
procurement policies that DoD has used disadvantaged businesses. In addition, Vehicles Striking Attenuator Trucks
to achieve strong SDB participation or to while the 95 percent progress payment Deployed at Construction Sites
encourage the involvement of rate is no longer allowable, SDBs,
historically Black colleges and because they are small businesses, are AGENCY: Federal Motor Carrier Safety
universities and minority institutions in still eligible to receive the 90 percent Administration, DOT.
defense-related research, development, progress payment rate. Finally, the ACTION: Regulatory guidance.
testing, and evaluation efforts. The extent of participation of all small
following rationale is provided: businesses, including small SUMMARY: FMCSA provides regulatory
10 U.S.C. 2323 was the underlying disadvantaged businesses, in guidance concerning crashes involving
statutory authority for DoD’s small performance of the contract is addressed motor vehicles striking the rear of
disadvantaged business (SDB) program. during source selection for negotiated attenuator trucks deployed at
DoD’s SDB program was intended to DoD acquisitions that are required to construction sites and whether such
supplement and complement the have subcontracting plans. The past crashes meet the definition of
Federal-wide SDB program authorized performance of offerors in complying ‘‘accident’’ under 49 CFR 390.5 for the
under the Small Business Act. It with subcontracting goals with all small motor carrier that controls the
provided for the institution of a specific businesses, including SDBs, is also attenuator truck. Attenuator trucks are
goal within the mandatory 5 percent evaluated in DoD acquisitions. highway safety vehicles equipped with
SDB goal for the award of prime The capability and expertise that an impact attenuating crash cushion
contracts and subcontracts to HBCUs and MIs bring to numerous DoD- intended to reduce the risks of injuries
historically Black colleges and funded research and development and fatalities resulting from crashes in
universities, minority institutions, and programs are valued commodities. DoD construction work zones. The guidance
Hispanic-serving institutions. Section must explore new areas of science, explains that such crashes in which
2323 of Title 10 served as the basis for mathematics, and engineering in order motorists strike the attenuator trucks
a number of unique acquisition to develop the alternative technologies while they are deployed at construction
techniques used by DoD to help it needed to fulfill its national security work zones are not covered by the
achieve these goals, such as the price mission. HBCUs and MIs will continue definition of accident and such
evaluation adjustment for SDBs in to support DoD in these endeavors occurrences will not be considered by
competitive procurements and the set- through their involvement in various FMCSA under its Compliance, Safety,
aside for historically Black colleges and research and development programs. Accountability Safety Measurement
universities and minority institutions. It This rule does not impose new System (SMS) scores, or Safety Fitness
was also the basis for the special 95 reporting, recordkeeping or other Determination for the motor carrier that
mstockstill on DSK4VPTVN1PROD with RULES
percent customary progress payment compliance requirements. controls the attenuator truck. This
rate for SDBs. guidance will provide the motor carrier
Now that the law has expired, these V. Paperwork Reduction Act industry and Federal, State, and local
special techniques can no longer be The rule does not contain any law enforcement officials with uniform
used. However, the impact of this information collection requirements that information for use in determining
change is mitigated by a number of require the approval of the Office of whether certain crashes involving
factors. Preeminent among those factors Management and Budget under the attenuator vehicles must be recorded on
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![15914 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations
the motor carrier’s accident register and ‘‘accident’’ in 49 CFR 390.5: Are crashes while the impact attenuators or crash
considered in the Agency’s safety in which motorists strike the rear of cushions are deployed included within
oversight programs. attenuator trucks deployed at the definition of ‘‘accident’’ with regard
DATES: This guidance is effective May construction sites considered recordable to the motor carrier responsible for the
26, 2015. accidents? operation of the attenuator truck?
FOR FURTHER INFORMATION CONTACT: Mr. Section 390.5 defines ‘‘accident’’ as
Guidance: No. Attenuator trucks are
Thomas L. Yager, Chief, Driver and an occurrence involving a commercial
motor vehicle operating on a highway in highway safety vehicles equipped with
Carrier Operations Division, Office of an impact attenuating crash cushion
Bus and Truck Standards and interstate or intrastate commerce which
results in a fatality; bodily injury to a intended to reduce the risks of injuries
Operations; 1200 New Jersey Ave. SE.,
person who, as a result of the injury, and fatalities resulting from crashes in
Washington, DC 20590, Telephone 202–
immediately receives medical treatment construction work zones. Because these
366–4325, Email: MCPSD@dot.gov.
away from the scene of the accident; or vehicles are deployed at construction
SUPPLEMENTARY INFORMATION:
one or more motor vehicles incurring work zones to prevent certain crashes
Legal Basis disabling damage as a result of the through the use of flashing lights and to
The Secretary of Transportation has accident, requiring the motor vehicles to reduce the severity of crashes when
statutory authority to set minimum be transported away from the scene by motorists do not take appropriate action
standards for commercial motor vehicle a tow truck or other motor vehicle. It to avoid personnel and objects in the
safety. These minimum standards must excludes occurrences involving only construction zone, it is expected that
ensure that: (1) CMVs are maintained, boarding and alighting from a stationary these vehicles will be struck from time
equipped, loaded, and operated safely; motor vehicle or involving only the to time while the impact attenuators or
(2) the responsibilities imposed on loading or unloading of cargo. crash cushions are deployed. Therefore,
operators of CMVs do not impair their FMCSA acknowledges the potential such events are not considered
ability to operate the vehicles safely; (3) impact on motor carriers’ Safety accidents and the recordkeeping
the physical condition of operators of Measurement System (SMS) scores that requirements of 49 CFR 390.15,
CMVs is adequate to enable them to could result from States uploading Assistance in investigations and special
operate the vehicles safely; (4) the reports about crashes involving studies, are not applicable with regard
operation of CMVs does not have a attenuator trucks deployed at to the motor carrier responsible for the
deleterious effect on the physical construction sites into the Agency’s
operation of the attenuator truck. If
condition of the operators; and (5) an Motor Carrier Management Information
however, a commercial motor vehicle,
operator of a commercial motor vehicle System (MCMIS). Because these
as defined in 49 CFR 390.5, strikes an
is not coerced by a motor carrier, vehicles are deployed to prevent certain
shipper, receiver, or transportation crashes through the use of flashing attenuator truck, this event would be
intermediary to operate a commercial lights and to reduce the severity of considered an accident for the motor
motor vehicle in violation of a crashes through the use of truck- carrier responsible for the operation of
regulation. (49 U.S.C. 31136(a)(1)–(5), as mounted impact attenuators or crash the vehicle that hits the attenuator
amended). The Secretary also has broad cushions when motorists do not take truck.
power in carrying out motor carrier appropriate action to avoid the obstacles Procedures
safety statutes and regulations to in the construction zone, it is expected
‘‘prescribe recordkeeping and reporting that these vehicles will be struck from Starting on the effective date of this
requirements’’ and to ‘‘perform other time to time while the attenuators are regulatory guidance, any crash meeting
acts the Secretary considers deployed. Such events that occur in a the above criteria may be removed from
appropriate.’’ (49 U.S.C. 31133(a)(8) and construction zone, either stationary or a carrier’s record of crashes. To do so
(10)). moving, should not count against the the carrier operating the attenuator
The Administrator of FMCSA has safety performance record of the motor vehicle should file a Request for Data
been delegated authority under 49 CFR carrier responsible for the operation of Review (RDR) using the DataQ system at
1.87(f) to carry out the functions vested the attenuator truck. https://www.dataqs.fmcsa.dot.gov, as a
in the Secretary of Transportation by 49
FMCSA’s Decision no reportable crash, and provide
U.S.C. chapter 311, subchapters I and
In consideration of the above, FMCSA sufficient evidence to establish the crash
III, relating to commercial motor vehicle
programs and safety regulation. has determined that the current in question took place between a vehicle
This document provides regulatory regulatory guidance should be revised to and their attenuator vehicle deployed in
guidance to the public with respect to make clear that crashes involving a constructions zone. After the effective
the definition of ‘‘accident’’ in 49 CFR motorists striking attenuator trucks are date of this regulatory guidance, the
390.5 of the Federal Motor Carrier not considered accidents, as defined affected motor carrier may file a RDR to
Safety Regulations (FMCSRs), and the under 49 CFR 390.5. The Agency issues remove crashes related to this regulatory
recording of accidents as required under the following guidance to 49 CFR 390.5 guidance from their carrier record for
49 CFR 390.15. All interested parties to read as follows: the previous 24 months.
may access the guidance in this Issued on: March 18, 2015.
document through the FMCSA’s PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS; T.F. Scott Darling, III,
Internet site at http://
www.fmcsa.dot.gov. GENERAL Acting Administrator.
mstockstill on DSK4VPTVN1PROD with RULES
[FR Doc. 2015–06817 Filed 3–25–15; 8:45 am]
Background Regulatory Guidance for 49 CFR 390.5
BILLING CODE 4910–EX–P
The regulatory guidance in this Definition of ‘‘Accident’’
regulatory guidance responds to Question: Are crashes involving
questions concerning the definition of motorists striking attenuator trucks
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Document Created: 2015-12-18 11:47:00
Document Modified: 2015-12-18 11:47:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Regulatory guidance. | |
| Dates | This guidance is effective May 26, 2015. | |
| Contact | Mr. Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations; 1200 New Jersey Ave. SE., Washington, DC 20590, Telephone 202-366-4325, Email: [email protected] | |
| FR Citation | 80 FR 15913 |
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