80_FR_22848 80 FR 22770 - Beyond Compliance Program

80 FR 22770 - Beyond Compliance Program

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range22770-22772
FR Document2015-09463

The U.S. Department of Transportation and motor carriers have invested millions of dollars in research, development, and implementation of strategies and technologies to reduce truck and bus crashes. FMCSA is evaluating the impacts of considering a company's proactive voluntary implementation of state-of-the-art best practices and technologies when evaluating the carrier's safety. FMCSA requests responses to specific questions and any supporting data the Agency should consider in the potential development of a Beyond Compliance program. Beyond Compliance would include voluntary programs implemented by motor carriers that exceed regulatory requirements, and improve the safety of commercial motor vehicles and drivers operating on the Nations' roadways by reducing the number and severity of crashes. Beyond Compliance would not result in regulatory relief.

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22770-22772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09463]



[[Page 22770]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0124]


Beyond Compliance Program

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

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Transportation and motor carriers have 
invested millions of dollars in research, development, and 
implementation of strategies and technologies to reduce truck and bus 
crashes. FMCSA is evaluating the impacts of considering a company's 
proactive voluntary implementation of state-of-the-art best practices 
and technologies when evaluating the carrier's safety. FMCSA requests 
responses to specific questions and any supporting data the Agency 
should consider in the potential development of a Beyond Compliance 
program. Beyond Compliance would include voluntary programs implemented 
by motor carriers that exceed regulatory requirements, and improve the 
safety of commercial motor vehicles and drivers operating on the 
Nations' roadways by reducing the number and severity of crashes. 
Beyond Compliance would not result in regulatory relief.

DATES: Comments must be received on or before June 22, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0124 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The online Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    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 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Mahorney, Chief, Enforcement 
Division, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE., Washington, DC 20590, Telephone 202-493-0000, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

FMCSA Research

    During the past 10 years, FMCSA, Canada, Australia, and other 
countries have completed studies that provided information on Beyond 
Compliance programs and technology. For example, the FMCSA ``Driver 
Notification Feasibility Study,'' tested the use of an Employer 
Notification System (ENS) versus the current annual requirement for 
obtaining a driver motor vehicle record and reviewing the driver 
qualification files for violations. This report found that when 
registered carriers in that study received near real-time notification 
that a driver had been issued a citation, conviction or commercial 
driver's license disqualification, they took action. This study 
estimated that Nationwide implementation of ENS could prevent 6,828 
crashes and 88 fatalities annually.\1\ In addition, in 2005, the Agency 
completed additional studies on roll stability control systems \2\ and 
tire pressure sensors \3\ that demonstrate the safety benefits of these 
technologies. Likewise, a 2009 FMCSA study, ``Analysis of Benefits and 
Costs of Lane Departure Warning Systems for the Trucking Industry,'' 
\4\ predicted a reduction of 1,973 injuries and 100 fatalities annually 
through use of that technology. This report projected that for each $1 
spent on this technology, the return on investment was $1.98.
---------------------------------------------------------------------------

    \1\ Smith, M., Owens, N., Stock, D., Lantz, B., Murray, D. and 
Sensiba, G. 2005. Driver Violation Notification Service Feasibility 
Study. Prepared by Science Applications International Corporation 
for the Federal Motor Carrier Safety Administration, USDOT.
    \2\ Murray, D., S. Shackelford and A. Houser. Analysis of 
Benefits and Costs of Roll Stability Control Systems for the 
Trucking Industry. Publication FMCSA-RRT-09-020. Federal Motor 
Carrier Safety Administration, U.S. Department of Transportation, 
2009.
    \3\ FMCSA. July 2005. Technical Brief: Commercial Motor Vehicle 
Tire Pressure Sensors. Federal Motor Carrier Safety Administration, 
U.S. Department of Transportation.
    \4\ Murray, D., S. Shackelford and A. Houser. Analysis of 
Benefits and Costs of Lane Departure Warning Systems for the 
Trucking Industry. Publication FMCSA-RRT-09-022. Federal Motor 
Carrier Safety Administration, U.S. Department of Transportation, 
2009.
---------------------------------------------------------------------------

    Additionally, in development of the Agency's Compliance, Safety, 
Accountable program, FMCSA conducted six listening sessions. In those 
sessions, it was agreed that an incentive-based approach to improving 
carrier safety would be a more effective tool than the current penalty-
based system.

Transportation Research Board (TRB)

    In 2007, the TRB explored the potential for integrating 
certification programs with regulatory frameworks.\5\ The TRB research 
suggested that a pilot program for Beyond Compliance activities, 
certification, and identification of best practices be conducted. The 
2007 report concluded that Beyond Compliance programs could provide 
significant incentives for carriers to adopt best practices. However, 
that study recommended additional research was needed to determine the 
level of effectiveness that a Beyond Compliance approach would have on 
safety.
---------------------------------------------------------------------------

    \5\ Bergoffen, G., Short, J., Inderbitzen, B. and Daecher, C. 
2007. Commercial Truck and Bus Safety Synthesis 12: Commercial Motor 
Vehicle Carrier Safety Management Certification. Transportation 
Research Board.
---------------------------------------------------------------------------

    On April 3, 2014, TRB's Truck and Bus Safety Research Committee 
published its ``Overview of Truck and Bus Safety Research Needs,'' 
which included a request for implementation of a Beyond Compliance 
pilot test to ``Develop, evaluate and promote new safety strategies, 
including technology applications, for appropriate carriers using 
discrete incentives or inducements, such as tax credits or exemptions 
relating to FMCSA's

[[Page 22771]]

Compliance, Safety, Accountability (CSA) system.'' \6\
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    \6\ http://rns.trb.org/dproject.asp?n=36343.
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American Transportation Research Institute (ATRI)

    In January 2011, the American Transportation Research Institute 
(ATRI) released a report titled, ``Assessing the Benefits of 
Alternative Compliance.'' \7\ The ATRI research was premised on the 
hypothesis that new approaches were needed to achieve the next 
significant improvement in the national highway safety statistics. The 
ATRI report identified possible alternatives for giving credit against 
things like Behavior Analysis System Improvement Category (BASIC) 
scores, based on motor carrier activities that are believed to provide 
safety and/or crash reduction benefits. In its analysis, ATRI 
considered carrier safety data for pre- and post-Compliance Review time 
periods. These were cross-factored by fleet sizes to determine the 
safety impact and significance of existing versus emerging safety 
compliance. Carrier Compliance Reviews and out-of-service rates were 
examined based on the safety rating received and carrier size to 
determine whether a Beyond Compliance program would benefit certain 
fleet sizes. Previous pre- and post-Compliance Review crash rate data 
were examined to identify carriers most affected by traditional 
compliance activities.
---------------------------------------------------------------------------

    \7\ ``Assessing the Benefits of Alternative Compliance,'' 
January 2011, Daniel C. Murray, Steve Keppler, Micah Lueck, Katie 
Fender, American Transportation Research Institute, St. Paul, MN.
---------------------------------------------------------------------------

    The ATRI report also considered implementation methods such as the 
Inspection Selection System (ISS). ATRI hypothesized that participation 
in a Beyond Compliance program could mean that a carrier would be 
provided with a 20 point leeway on the ISS inspection value. For 
example, an original ISS score of 60 would be modified by 20 points 
resulting in a new value of 40. Therefore, the Beyond Compliance 
program would be used as a reward system for carriers. The ATRI report 
also proposed credit in FMCSA's Safety Measurement System (SMS) for 
voluntary participation. ATRI also proposed other incentives beyond 
FMCSA's jurisdiction, including insurance costs decreases and tax 
credits.

Other Programs

    FMCSA is aware of other non-governmental safety-related programs 
that have been voluntarily implemented by some motor carriers because 
they resulted in cost savings and safety benefits. These include, but 
are not limited to:
     North American Fatigue Management Program;
     ISO 9000;
     National Private Truck Council's Best Practices Program;
     North American Transportation Management Institute's 
(NATMI) Certification Program;
     Partners in Compliance (PIC);
    Outside of the United States, FMCSA is aware of the successful 
implementation of the Maintenance Management Accreditation Scheme, the 
Australian Trucking Association's TruckSafe Program, and the Canadian 
Standards Association Safety Management System, which all encourage 
voluntary best practices and safety improvement programs.

FMCSA's Waiver, Exemption, and Pilot Programs

    FMCSA is not considering regulatory relief as part of the Beyond 
Compliance program, because the Agency already has an existing process 
for seeking waivers for up to 90 days, applying for exemptions of up to 
2 years (which can be renewed), and pilot programs that may run for up 
to 3 years. Through each of these processes, the Agency can provide 
relief from certain safety regulations as long as the terms and 
conditions of the waiver, exemption or pilot program ensure a level of 
safety equivalent to or greater than what would be achieved through 
compliance with the safety regulations. These processes are explained 
in 49 CFR part 381.
    A pilot program is a formal project established by FMCSA in 
accordance with Part 381 to test the effectiveness of certain safety 
strategies or technologies, using a group of carriers and/or drivers. A 
pilot program includes relief from specified regulations during the 
life of the pilot program, up to 3 years, to allow testing of 
alternatives. Part 381 includes formal requirements for a pilot 
program.
    While FMCSA is not considering waivers, exemptions, and pilot 
programs as Beyond Compliance, the Agency welcomes the opportunity to 
work with the private sector to conduct demonstration projects. A 
demonstration project is an informal effort, to show that certain 
safety strategies can be effective in reducing crashes. Individual 
carriers or groups of carriers may design and implement their own 
demonstration projects, or voluntarily participate in any sponsored by 
FMCSA.

Motor Carrier Safety Advisory Committee (MCSAC) Tasking

    On March 30, 2015, FMCSA tasked the MCSAC with providing 
recommendations to the Agency on the potential benefits and feasibility 
of voluntary compliance and ways to credit carriers and drivers who 
initiate and establish programs that promote safety beyond the 
standards established in FMCSA regulations.
    The Agency specifically asked for the views of the MCSAC on this 
concept, with any data or analysis to support it with regard to 3 basic 
areas:
    1. What voluntary technologies or safety program best practices 
would be appropriate for beyond compliance?
    2. What type of incentives would encourage motor carriers to invest 
in technologies and best practices programs?
    3. How would FMCSA verify the voluntary technologies or safety 
programs were being implemented?
    Per the tasking to the MCSAC, a letter report should be provided to 
the Administrator outlining recommendations on incentives for increased 
safety compliance by the MCSAC's June 2015 meeting.

Request for Comments

    In determining possible development of a Beyond Compliance program, 
FMCSA seeks responses to the following specific questions and 
encourages the submission of any other reports or data on this issue.
    1. What voluntary technologies or safety program best practices 
would be appropriate for a Beyond Compliance program?
    2. What safety performance metrics should be used to evaluate the 
success of voluntarily implemented technologies or safety program best 
practices?
    3. What incentives would encourage motor carriers to invest in 
technologies and best practices programs?
    a. Credit on appropriate SMS scores (e.g., credit in Driver Fitness 
for use of an employer notification system)?
    b. Credit on ISS scores?
    c. Reduction in roadside inspection frequency?
    d. Other options?
    4. What events should cause the incentives to be removed?
    a. If safety goals for the carrier are not consistently achieved, 
what is the benefit to the motoring public?
    5. Should this program be developed by the private sector like 
PrePass, ISO 9000, or Canada's Partners in Compliance (PIC)?

[[Page 22772]]

    6. How would FMCSA verify that the voluntary technologies or safety 
programs were being implemented?

    Issued on: April 17, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-09463 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  22770                         Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                  DEPARTMENT OF TRANSPORTATION                               Docket: For access to the docket to                pressure sensors 3 that demonstrate the
                                                                                                          read background documents or                          safety benefits of these technologies.
                                                  Federal Motor Carrier Safety                            comments, go to www.regulations.gov at                Likewise, a 2009 FMCSA study,
                                                  Administration                                          any time or visit Room W12–140 on the                 ‘‘Analysis of Benefits and Costs of Lane
                                                                                                          ground level of the West Building, 1200               Departure Warning Systems for the
                                                  [Docket No. FMCSA–2015–0124]
                                                                                                          New Jersey Avenue SE., Washington,                    Trucking Industry,’’ 4 predicted a
                                                  Beyond Compliance Program                               DC, between 9 a.m. and 5 p.m., ET,                    reduction of 1,973 injuries and 100
                                                                                                          Monday through Friday, except Federal                 fatalities annually through use of that
                                                  AGENCY: Federal Motor Carrier Safety                    holidays. The online Federal document                 technology. This report projected that
                                                  Administration (FMCSA), DOT.                            management system is available 24                     for each $1 spent on this technology, the
                                                  ACTION: Notice; request for public                      hours each day, 365 days each year. If                return on investment was $1.98.
                                                  comment.                                                you want acknowledgment that we
                                                                                                          received your comments, please include                   Additionally, in development of the
                                                  SUMMARY:   The U.S. Department of                       a self-addressed, stamped envelope or                 Agency’s Compliance, Safety,
                                                  Transportation and motor carriers have                  postcard or print the acknowledgment                  Accountable program, FMCSA
                                                  invested millions of dollars in research,               page that appears after submitting                    conducted six listening sessions. In
                                                  development, and implementation of                      comments on-line.                                     those sessions, it was agreed that an
                                                  strategies and technologies to reduce                      Privacy Act: In accordance with 5                  incentive-based approach to improving
                                                  truck and bus crashes. FMCSA is                         U.S.C. 553(c), DOT solicits comments                  carrier safety would be a more effective
                                                  evaluating the impacts of considering a                 from the public to better inform its                  tool than the current penalty-based
                                                  company’s proactive voluntary                           rulemaking process. DOT posts these                   system.
                                                  implementation of state-of-the-art best                 comments, without edit, including any                 Transportation Research Board (TRB)
                                                  practices and technologies when                         personal information the commenter
                                                  evaluating the carrier’s safety. FMCSA                  provides, to www.regulations.gov, as                     In 2007, the TRB explored the
                                                  requests responses to specific questions                described in the system of records                    potential for integrating certification
                                                  and any supporting data the Agency                      notice (DOT/ALL–14 FDMS), which can                   programs with regulatory frameworks.5
                                                  should consider in the potential                        be reviewed at www.dot.gov/privacy.                   The TRB research suggested that a pilot
                                                  development of a Beyond Compliance                      FOR FURTHER INFORMATION CONTACT: Mr.                  program for Beyond Compliance
                                                  program. Beyond Compliance would                        Bill Mahorney, Chief, Enforcement                     activities, certification, and
                                                  include voluntary programs                              Division, Federal Motor Carrier Safety                identification of best practices be
                                                  implemented by motor carriers that                      Administration, 1200 New Jersey                       conducted. The 2007 report concluded
                                                  exceed regulatory requirements, and                     Avenue SE., Washington, DC 20590,                     that Beyond Compliance programs
                                                  improve the safety of commercial motor                  Telephone 202–493–0000, E-Mail:                       could provide significant incentives for
                                                  vehicles and drivers operating on the                   Bill.Mahorney@dot.gov.                                carriers to adopt best practices.
                                                  Nations’ roadways by reducing the                       SUPPLEMENTARY INFORMATION:                            However, that study recommended
                                                  number and severity of crashes. Beyond                                                                        additional research was needed to
                                                                                                          FMCSA Research
                                                  Compliance would not result in                                                                                determine the level of effectiveness that
                                                  regulatory relief.                                         During the past 10 years, FMCSA,                   a Beyond Compliance approach would
                                                  DATES: Comments must be received on                     Canada, Australia, and other countries                have on safety.
                                                  or before June 22, 2015.                                have completed studies that provided
                                                                                                          information on Beyond Compliance                         On April 3, 2014, TRB’s Truck and
                                                  ADDRESSES: You may submit comments                                                                            Bus Safety Research Committee
                                                                                                          programs and technology. For example,
                                                  bearing the Federal Docket Management                   the FMCSA ‘‘Driver Notification                       published its ‘‘Overview of Truck and
                                                  System (FDMS) Docket No. FMCSA–                         Feasibility Study,’’ tested the use of an             Bus Safety Research Needs,’’ which
                                                  2015–0124 using any of the following                    Employer Notification System (ENS)                    included a request for implementation
                                                  methods:                                                versus the current annual requirement                 of a Beyond Compliance pilot test to
                                                     • Federal eRulemaking Portal: Go to                  for obtaining a driver motor vehicle                  ‘‘Develop, evaluate and promote new
                                                  www.regulations.gov. Follow the on-line                 record and reviewing the driver                       safety strategies, including technology
                                                  instructions for submitting comments.                   qualification files for violations. This              applications, for appropriate carriers
                                                     • Mail: Docket Management Facility;                  report found that when registered                     using discrete incentives or
                                                  U.S. Department of Transportation, 1200                 carriers in that study received near real-            inducements, such as tax credits or
                                                  New Jersey Avenue SE., West Building                    time notification that a driver had been              exemptions relating to FMCSA’s
                                                  Ground Floor, Room W12–140,                             issued a citation, conviction or
                                                  Washington, DC 20590–0001.                              commercial driver’s license                           Control Systems for the Trucking Industry.
                                                     • Hand Delivery or Courier: West                     disqualification, they took action. This              Publication FMCSA–RRT–09–020. Federal Motor
                                                  Building Ground Floor, Room W12–140,                    study estimated that Nationwide
                                                                                                                                                                Carrier Safety Administration, U.S. Department of
                                                  1200 New Jersey Avenue SE.,                                                                                   Transportation, 2009.
                                                                                                          implementation of ENS could prevent                     3 FMCSA. July 2005. Technical Brief: Commercial
                                                  Washington, DC, between 9 a.m. and 5                    6,828 crashes and 88 fatalities                       Motor Vehicle Tire Pressure Sensors. Federal Motor
                                                  p.m., ET, Monday through Friday,                        annually.1 In addition, in 2005, the                  Carrier Safety Administration, U.S. Department of
                                                  except Federal Holidays.                                Agency completed additional studies on                Transportation.
                                                     • Fax: 1–202–493–2251.                               roll stability control systems 2 and tire
                                                                                                                                                                  4 Murray, D., S. Shackelford and A. Houser.

                                                                                                                                                                Analysis of Benefits and Costs of Lane Departure
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     Each submission must include the
                                                                                                                                                                Warning Systems for the Trucking Industry.
                                                  Agency name and the docket number for                     1 Smith, M., Owens, N., Stock, D., Lantz, B.,       Publication FMCSA–RRT–09–022. Federal Motor
                                                  this notice. Note that DOT posts all                    Murray, D. and Sensiba, G. 2005. Driver Violation     Carrier Safety Administration, U.S. Department of
                                                  comments received without change to                     Notification Service Feasibility Study. Prepared by   Transportation, 2009.
                                                  www.regulations.gov, including any                      Science Applications International Corporation for      5 Bergoffen, G., Short, J., Inderbitzen, B. and
                                                                                                          the Federal Motor Carrier Safety Administration,      Daecher, C. 2007. Commercial Truck and Bus Safety
                                                  personal information included in a                      USDOT.                                                Synthesis 12: Commercial Motor Vehicle Carrier
                                                  comment. Please see the Privacy Act                       2 Murray, D., S. Shackelford and A. Houser.         Safety Management Certification. Transportation
                                                  heading below.                                          Analysis of Benefits and Costs of Roll Stability      Research Board.



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                                                                                Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices                                             22771

                                                  Compliance, Safety, Accountability                      resulted in cost savings and safety                   Motor Carrier Safety Advisory
                                                  (CSA) system.’’ 6                                       benefits. These include, but are not                  Committee (MCSAC) Tasking
                                                                                                          limited to:
                                                  American Transportation Research                                                                                On March 30, 2015, FMCSA tasked
                                                  Institute (ATRI)                                           • North American Fatigue                           the MCSAC with providing
                                                                                                          Management Program;                                   recommendations to the Agency on the
                                                     In January 2011, the American                           • ISO 9000;
                                                  Transportation Research Institute                                                                             potential benefits and feasibility of
                                                                                                             • National Private Truck Council’s                 voluntary compliance and ways to
                                                  (ATRI) released a report titled,                        Best Practices Program;
                                                  ‘‘Assessing the Benefits of Alternative                                                                       credit carriers and drivers who initiate
                                                                                                             • North American Transportation                    and establish programs that promote
                                                  Compliance.’’ 7 The ATRI research was                   Management Institute’s (NATMI)
                                                  premised on the hypothesis that new                                                                           safety beyond the standards established
                                                                                                          Certification Program;                                in FMCSA regulations.
                                                  approaches were needed to achieve the
                                                                                                             • Partners in Compliance (PIC);                      The Agency specifically asked for the
                                                  next significant improvement in the
                                                                                                             Outside of the United States, FMCSA                views of the MCSAC on this concept,
                                                  national highway safety statistics. The
                                                                                                          is aware of the successful                            with any data or analysis to support it
                                                  ATRI report identified possible
                                                                                                          implementation of the Maintenance                     with regard to 3 basic areas:
                                                  alternatives for giving credit against
                                                                                                          Management Accreditation Scheme, the                    1. What voluntary technologies or
                                                  things like Behavior Analysis System
                                                                                                          Australian Trucking Association’s                     safety program best practices would be
                                                  Improvement Category (BASIC) scores,
                                                  based on motor carrier activities that are              TruckSafe Program, and the Canadian                   appropriate for beyond compliance?
                                                  believed to provide safety and/or crash                 Standards Association Safety                            2. What type of incentives would
                                                  reduction benefits. In its analysis, ATRI               Management System, which all                          encourage motor carriers to invest in
                                                  considered carrier safety data for pre-                 encourage voluntary best practices and                technologies and best practices
                                                  and post-Compliance Review time                         safety improvement programs.                          programs?
                                                  periods. These were cross-factored by                   FMCSA’s Waiver, Exemption, and Pilot                    3. How would FMCSA verify the
                                                  fleet sizes to determine the safety                     Programs                                              voluntary technologies or safety
                                                  impact and significance of existing                                                                           programs were being implemented?
                                                  versus emerging safety compliance.                         FMCSA is not considering regulatory
                                                                                                          relief as part of the Beyond Compliance                 Per the tasking to the MCSAC, a letter
                                                  Carrier Compliance Reviews and out-of-                                                                        report should be provided to the
                                                  service rates were examined based on                    program, because the Agency already
                                                                                                          has an existing process for seeking                   Administrator outlining
                                                  the safety rating received and carrier                                                                        recommendations on incentives for
                                                  size to determine whether a Beyond                      waivers for up to 90 days, applying for
                                                                                                          exemptions of up to 2 years (which can                increased safety compliance by the
                                                  Compliance program would benefit                                                                              MCSAC’s June 2015 meeting.
                                                  certain fleet sizes. Previous pre- and                  be renewed), and pilot programs that
                                                  post-Compliance Review crash rate data                  may run for up to 3 years. Through each               Request for Comments
                                                  were examined to identify carriers most                 of these processes, the Agency can
                                                                                                          provide relief from certain safety                       In determining possible development
                                                  affected by traditional compliance                                                                            of a Beyond Compliance program,
                                                  activities.                                             regulations as long as the terms and
                                                                                                          conditions of the waiver, exemption or                FMCSA seeks responses to the following
                                                     The ATRI report also considered                                                                            specific questions and encourages the
                                                  implementation methods such as the                      pilot program ensure a level of safety
                                                                                                          equivalent to or greater than what                    submission of any other reports or data
                                                  Inspection Selection System (ISS). ATRI                                                                       on this issue.
                                                  hypothesized that participation in a                    would be achieved through compliance
                                                                                                          with the safety regulations. These                       1. What voluntary technologies or
                                                  Beyond Compliance program could                                                                               safety program best practices would be
                                                  mean that a carrier would be provided                   processes are explained in 49 CFR part
                                                                                                          381.                                                  appropriate for a Beyond Compliance
                                                  with a 20 point leeway on the ISS                                                                             program?
                                                  inspection value. For example, an                          A pilot program is a formal project
                                                                                                          established by FMCSA in accordance                       2. What safety performance metrics
                                                  original ISS score of 60 would be                                                                             should be used to evaluate the success
                                                  modified by 20 points resulting in a new                with Part 381 to test the effectiveness of
                                                                                                          certain safety strategies or technologies,            of voluntarily implemented
                                                  value of 40. Therefore, the Beyond                                                                            technologies or safety program best
                                                  Compliance program would be used as                     using a group of carriers and/or drivers.
                                                                                                          A pilot program includes relief from                  practices?
                                                  a reward system for carriers. The ATRI
                                                                                                          specified regulations during the life of                 3. What incentives would encourage
                                                  report also proposed credit in FMCSA’s
                                                                                                          the pilot program, up to 3 years, to                  motor carriers to invest in technologies
                                                  Safety Measurement System (SMS) for
                                                                                                          allow testing of alternatives. Part 381               and best practices programs?
                                                  voluntary participation. ATRI also
                                                                                                          includes formal requirements for a pilot                 a. Credit on appropriate SMS scores
                                                  proposed other incentives beyond
                                                                                                          program.                                              (e.g., credit in Driver Fitness for use of
                                                  FMCSA’s jurisdiction, including
                                                                                                             While FMCSA is not considering                     an employer notification system)?
                                                  insurance costs decreases and tax
                                                  credits.                                                waivers, exemptions, and pilot                           b. Credit on ISS scores?
                                                                                                          programs as Beyond Compliance, the                       c. Reduction in roadside inspection
                                                  Other Programs                                          Agency welcomes the opportunity to                    frequency?
                                                    FMCSA is aware of other non-                          work with the private sector to conduct                  d. Other options?
                                                  governmental safety-related programs                    demonstration projects. A                                4. What events should cause the
                                                                                                                                                                incentives to be removed?
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  that have been voluntarily implemented                  demonstration project is an informal
                                                  by some motor carriers because they                     effort, to show that certain safety                      a. If safety goals for the carrier are not
                                                                                                          strategies can be effective in reducing               consistently achieved, what is the
                                                    6 http://rns.trb.org/dproject.asp?n=36343.
                                                                                                          crashes. Individual carriers or groups of             benefit to the motoring public?
                                                    7 ‘‘Assessing the Benefits of Alternative
                                                                                                          carriers may design and implement their                  5. Should this program be developed
                                                  Compliance,’’ January 2011, Daniel C. Murray,
                                                  Steve Keppler, Micah Lueck, Katie Fender,
                                                                                                          own demonstration projects, or                        by the private sector like PrePass, ISO
                                                  American Transportation Research Institute, St.         voluntarily participate in any sponsored              9000, or Canada’s Partners in
                                                  Paul, MN.                                               by FMCSA.                                             Compliance (PIC)?


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                                                  22772                         Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

                                                    6. How would FMCSA verify that the                    Jersey Avenue SE., Washington, DC,                    a crash. In addition, the Agency
                                                  voluntary technologies or safety                        between 9 a.m. and 5 p.m., e.t., Monday               reviewed the applicant’s driving record
                                                  programs were being implemented?                        through Friday, except Federal holidays.              found in the CDLIS,1 for CDL holders,
                                                    Issued on: April 17, 2015.                               Privacy Act: In accordance with 5                  and interstate and intrastate inspections
                                                                                                          U.S.C. 553(c), DOT solicits comments                  recorded in MCMIS.2 The Agency
                                                  T.F. Scott Darling, III,
                                                                                                          from the public to better inform its                  acknowledges there could be potential
                                                  Chief Counsel.
                                                                                                          rulemaking process. DOT posts these                   consequences of a driver being hearing
                                                  [FR Doc. 2015–09463 Filed 4–22–15; 8:45 am]             comments, without edit, including any                 impaired and/or deaf while operating a
                                                  BILLING CODE 4910–EX–P                                  personal information the commenter                    CMV under some scenarios. However,
                                                                                                          provides, to www.regulations.gov, as                  the Agency believes the drivers covered
                                                                                                          described in the system of records                    by the exemptions do not pose a risk to
                                                  DEPARTMENT OF TRANSPORTATION                            notice (DOT/ALL–14 FDMS), which can                   public safety.
                                                  Federal Motor Carrier Safety                            be reviewed at www.dot.gov/privacy.
                                                                                                                                                                C. Comments
                                                  Administration                                          B. Background
                                                                                                                                                                  FMCSA announced the exemption
                                                  [Docket No. FMCSA–2012–0154; FMCSA–                        Under 49 U.S.C. 31136(e) and 31315,                applications and requested public
                                                  2012–0332]                                              FMCSA may grant an exemption from                     comment for each of the applicants in
                                                                                                          the safety regulations for a 2-year period            the notices below. For those applicants
                                                  Qualification of Drivers; Application for               if it finds ‘‘such exemption would likely             discussed in a previous notice but who
                                                  Exemptions; Hearing                                     achieve a level of safety that is                     are not mentioned in this notice, the
                                                  AGENCY: Federal Motor Carrier Safety                    equivalent to or greater than the level               Agency has announced its decision in a
                                                  Administration (FMCSA), DOT.                            that would be achieved absent such                    previous notice.
                                                  ACTION: Notice of final disposition.
                                                                                                          exemption.’’ The statute also allows the
                                                                                                          Agency to renew exemptions at the end                 Docket # FMCSA–2012–0154
                                                  SUMMARY:   FMCSA announces its                          of the 2-year period. The current                        On May 25, 2012, FMCSA published
                                                  decision to grant requests from 4                       provisions of the FMCSRs concerning                   a notice of receipt of exemption
                                                  individuals for exemptions from the                     hearing state that a person is physically             applications and requested public
                                                  Agency’s physical qualifications                        qualified to drive a CMV if that person:              comment on 45 individuals. The
                                                  standard concerning hearing for                           First perceives a forced whispered voice in         comment period ended on July 30, 2012.
                                                  interstate drivers. The current regulation              the better ear at not less than 5 feet with or        This application was in response to a
                                                  prohibits individuals who do not meet                   without the use of a hearing aid or, if tested        request from the National Association of
                                                  the standard from operating CMVs in                     by use of an audiometric device, does not             the Deaf (NAD). In response to this
                                                  interstate commerce. After notice and                   have an average hearing loss in the better ear        notice, FMCSA received 570 comments
                                                  opportunity for public comment, the                     greater than 40 decibels at 500 Hz, 1,000 Hz,         and granted 40 exemptions. The 570
                                                                                                          and 2,000 Hz with or without a hearing aid
                                                  Agency concluded that granting                          when the audiometric device is calibrated to          comments were addressed in the
                                                  exemptions for these CMV drivers will                   American National Standard (formerly ASA              Agency’s notice published on February
                                                  provide a level of safety that is                       Standard) Z24.5—1951.                                 1, 2013 (78 FR 7479).
                                                  equivalent to or greater than the level of
                                                                                                          49 CFR 391.41(b)(11). This standard was               Docket # FMCSA–2012–0332
                                                  safety maintained without the
                                                                                                          adopted in 1970, with a revision in 1971                On July 16, 2013, FMCSA published
                                                  exemptions. The exemptions are valid
                                                                                                          to allow drivers to be qualified under                a notice of receipt of exemption
                                                  for a 2-year peiod and may be renewed,
                                                                                                          this standard while wearing a hearing                 applications and requested public
                                                  and the exemptions preempt State laws
                                                                                                          aid, 35 FR 6458, 6463 (April 22, 1970)                comment on 9 individuals. The
                                                  and regulations.
                                                                                                          and 36 FR 12857 (July 3, 1971).                       comment period ended on August 15,
                                                  DATES: The exemptions are effective                        FMCSA grants 4 individuals an
                                                  April 23, 2015. The exemptions expire                                                                         2013. In response to the notice, FMCSA
                                                                                                          exemption from the regulatory
                                                  on April 24, 2017.                                                                                            received seven comments. All seven
                                                                                                          requirement in § 391.41(b)(11) allowing
                                                                                                                                                                commenters support the idea of granting
                                                  FOR FURTHER INFORMATION CONTACT:                        individuals who do not meet the
                                                                                                                                                                exemptions.
                                                  Charles A. Horan, III, Director, Office of              hearing requirements to operate CMVs
                                                  Carrier, Driver and Vehicle Safety, (202)               in interstate commerce for a 2-year                   D. Exemptions Granted
                                                  366–4001, fmcsamedical@dot.gov,                         period. The Agency’s decision on these                  Following individualized assessments
                                                  FMCSA, Department of Transportation,                    exemption applications is based on the                of the exemption applications, FMCSA
                                                  1200 New Jersey Avenue SE., Room                        current medical literature and                        grants exemptions from 49 CFR
                                                  W64–224, Washington, DC 20590–0001.                     information and the ‘‘Executive                       391.41(b)(11) to 4 individuals. Under
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,             Summary on Hearing, Vestibular                        current FMCSA regulations, all of the 4
                                                  Monday through Friday, except Federal                   Function and Commercial Motor                         drivers receiving exemptions from 49
                                                  holidays.                                               Driving Safety’’ (the 2008 Evidence                   CFR 391.41(b)(11) would have been
                                                  SUPPLEMENTARY INFORMATION:                              Report) presented to FMCSA on August
                                                                                                          26, 2008. The evidence report reached                    1 Commercial Driver License Information System
                                                  A. Electronic Access                                    two conclusions regarding the matter of               (CDLIS) is an information system that allows the
                                                    You may see all the comments online                   hearing loss and CMV driver safety: (1)               exchange of commercial driver licensing
                                                                                                                                                                information among all the States. CDLIS includes
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  through the Federal Document                            No studies that examined the
                                                                                                                                                                the databases of 51 licensing jurisdictions and the
                                                  Management System (FDMS) at:                            relationship between hearing loss and                 CDLIS Central Site, all connected by a
                                                  www.regulations.gov.                                    crash risk exclusively among CMV                      telecommunications network.
                                                    Docket: For access to the docket to                   drivers were identified; and (2) evidence                2 Motor Carrier Management Information System

                                                  read background documents or                            from studies of the private driver license            (MCMIS) is an information system that captures
                                                                                                                                                                data from field offices through SAFETYNET,
                                                  comments, go to www.regulations.gov                     holder population does not support the                CAPRI, and other sources. It is a source for FMCSA
                                                  and/or Room W12–140 on the ground                       contention that individuals with hearing              inspection, crash, compliance review, safety audit,
                                                  level of the West Building, 1200 New                    impairment are at an increased risk for               and registration data.



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Document Created: 2015-12-16 08:41:42
Document Modified: 2015-12-16 08:41:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for public comment.
DatesComments must be received on or before June 22, 2015.
ContactMr. Bill Mahorney, Chief, Enforcement Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 202-493-0000, E-Mail: [email protected]
FR Citation80 FR 22770 

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