80 FR 37039 - National Implementation of the New Entrant Safety Assurance Program's Off-Site Safety Audit Procedures
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 124 (June 29, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 124 (June 29, 2015)
| Page Range | 37039-37040 | |
| FR Document | 2015-15867 |
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)] [Notices] [Pages 37039-37040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15867] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No FMCSA-2013-0298] National Implementation of the New Entrant Safety Assurance Program's Off-Site Safety Audit Procedures AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: FMCSA announces the completion of its New Entrant Safety Assurance Program Operational Test (Operational Test) and the beginning of the national implementation of the Off-site Safety Audit Procedures. The Off-site Safety Audit Procedures allow FMCSA, and its Motor Carrier Safety Assurance Program State partners (State Partners), to complete an off-site audit of an eligible new entrant motor carrier whereby the new entrant motor carrier can demonstrate basic safety management controls by submitting compliance documentation to a safety auditor via electronic mail (email), fax, or U.S. mail rather than being subject to an on-site safety audit. FMCSA, working with its respective State partners, conducted an 18-month Operational Test of the Off-Site Safety Audit Procedures on new entrant motor carriers domiciled in the following six States: Alaska, California, Florida, Illinois, Montana, and New York; and the Canadian Provinces contiguous to Montana and New York. The Operational Test began July 15, 2013, and concluded on December 31, 2014. FMCSA will phase-in the implementation of the Off- site Safety Audit Procedures on new entrant motor carriers in other states beginning in the summer of 2015 and continuing over the course of 36 months. [[Page 37040]] DATES: National implementation of the Off-site Safety Audit Procedures will begin in the summer of 2015 and continue over the next 36 months. FOR FURTHER INFORMATION CONTACT: Mr. Joseph Bennett, Federal Motor Carrier Safety Administration, Compliance Division, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 202-365-8324, EMAIL: [email protected]. SUPPLEMENTARY INFORMATION: Background Prior to October 1, 2013, 49 CFR part 385 subpart D required a safety audit within 18 months after a new entrant motor carrier began operations to determine if the carrier was exercising basic safety management controls. FMCSA and its State Partners conducted all new entrant safety audits at the motor carrier's principle place of business, which was time and labor intensive. The timeframe for conducting these safety audits was further limited by Section 32102 of the Moving Ahead for Progress in the 21st Century (MAP-21) [Pub. L. 112-141, 126 Stat. 405 (July 6, 2012)], which required FMCSA to complete safety audits within 12 months for property carriers and within 120 days for motorcoach passenger carriers. MAP 21's tightened deadlines, coupled with an increase in new entrant applicants, prompted FMCSA to develop a more efficient mechanism for conducting safety audits. On September 4, 2013, FMCSA published a notice in the Federal Register announcing the Operational Test (78 FR 54510). The Operational Test, which began in July 2013, allowed certain eligible new entrant motor carriers to submit compliance documentation to safety auditors either electronically, via email, or via fax. A safety auditor would then conduct the safety audit remotely, assessing the new entrant's safety performance and determining if it has adequate safety management practices pursuant to 49 CFR part 385, subpart D. New entrant carriers subject to off-site safety audits had the same regulatory requirements and privileges under 49 CFR part 385 subpart D as those carriers subject to on-site safety audits. New entrant motor carriers that transport either hazardous material or passengers were not eligible for an off-site safety audit. New entrant motor carriers with a known safety issue (i.e., received an expedited action notice pursuant to 49 CFR 385.308 or had Behavior Analysis and Safety Improvement Categories (BASICs) scores above the Safety Measurement System thresholds) were also not eligible for an off-site safety audit. On September 9, 2014, FMCSA announced changes to the Operational Test (79 FR 53511). First, the Agency updated the IT systems so that when an automatic failure violation (as listed in 49 CFR 385.321) is identified by the Agency based on the records the motor carrier provides during the document submission process, the carrier will automatically fail the new entrant safety audit and be placed into the corrective action process. Second, the Agency extended the Operational Test through December 2014 to ensure sufficient data is available to calculate the established metrics in order to make an informed decision on any future actions. FMCSA monitored and evaluated the effectiveness, efficiency, innovation, and flexibility of the Operational Test procedures in contrast to the current New Entrant Safety Assurance Program during and after the test using several performance metrics. Additional information about the Operational Test is available at www.regulations.gov under Docket No. FMCSA-2013-0298. Upon conclusion of the 18-month Operational Test, FMCSA determined that the data supported the effectiveness of the off-site procedures in determining the safety fitness of eligible new entrant carriers. The off-site procedures further allowed FMCSA to better meet the obligation of conducting safety audits on all new entrant carriers within the MAP- 21 timeframes. As a result, FMCSA is moving forward with the nationwide implementation of the Off-Site Safety Audit Procedures. Results from the 18-month Operational Test showed that:60 percent of new entrant carriers were eligible for, and received, off-site safety audits; The number of safety audits completed within the test states increased by 4 percent; Off-site safety audits take 33 percent less time to conduct than on-site safety audits; Off-site safety audits saved 58 percent on travel costs; Carriers identified for the less resource-intensive off- site safety audit were performing well during subsequent roadside inspections; and, Post-safety audit carriers receiving off-site safety audits, on average, have equivalent or fewer 49 CFR 385.308 expedited actions and violation rates than carriers receiving an on-site safety audit. Based on the success of the Operational Test, FMCSA will begin national implementation of the Off-site Safety Audit Procedures for eligible new entrant motor carriers under the New Entrant Safety Assurance Program. Starting in the summer of 2015, FMCSA will phase in use of the off-site procedures as additional State Partners are able to be trained on the process, policy, and information technology system used in conducting an off-site safety audit. In the first phase, FMCSA will implement use of off-site new entrant safety audits in the following 11 States: Georgia, Maine, Michigan, Minnesota, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Vermont, Wyoming, and Washington, DC. Over the course of the next 36 months, FMCSA will continue to expand the program to FMCSA State Partners, and new entrant motor carriers domiciled in other states. FMCSA will provide a schedule on its public Web site at http://www.fmcsa.dot.gov/safety/new-entrant-safety-assurance-program for the additional States implementing the Off-site Safety Audit Procedures. FMCSA anticipates completion of the nationwide expansion of the Off-Site Safety Audit Procedures by the summer of 2018. As the program expands eligible new entrant applicants will receive a written or verbal notice from FMCSA of their eligibility for the off-site safety audit with instructions on the Off-Site Safety Audit Procedures. Issued on: June 22, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015-15867 Filed 6-26-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices 37039
most motor carriers that operate CTs, percentage was actually much higher. with segmentation and found that large
the CTs make up a majority of the Analysis shows that there are a CT carriers would see an increase in
carrier’s inspections. A carrier was sufficient number of carriers for both percentiles, while large non-CT carriers
categorized as a CT carrier if more than segments in all safety event groups would see a decrease. Small carriers,
50% of its inspections indicated the (SEGs) for effective assessment. FMCSA both CT and non-CT, will not see a
vehicles were CTs, and for most that reviewed BASIC percentile changes change.
HM CARGO SEGMENTATION IMPACT
Current New BASIC New BASIC
SEG HM inspections BASIC % non-CT % CT %
5–10 ................................................................................................................................. 80 Same ................ Same.
11–15 ............................................................................................................................... 80 Same ................ Same.
16–40 ............................................................................................................................... 80 Same ................ Same.
41–100 ............................................................................................................................. 80 71% (¥9%) ...... 85% (+5%).
100+ ................................................................................................................................. 80 62% (¥18%) .... 90% (+10%).
With these changes, FMCSA is current UF is not accurate for some DEPARTMENT OF TRANSPORTATION
confident that the data in the HM companies with extremely high
Compliance BASIC appropriately utilization. Data reviewed by FMCSA Federal Motor Carrier Safety
reflects the distinct operations of these indicates that 200,000 miles may not be Administration
carriers. As a result, FMCSA proposes to the appropriate cap. Therefore, FMCSA
make the HM Compliance BASIC is examining allowing additional credit [Docket No FMCSA–2013–0298]
information available to the public. to high-utilization carriers to provide a
more accurate picture of the carriers’ National Implementation of the New
Violating Out-of-Service Orders Entrant Safety Assurance Program’s
crash exposure and unsafe driving
Currently, when a carrier is cited for behaviors. Off-Site Safety Audit Procedures
violating an OOS Order, these violations FMCSA believes that extending the
are associated with the same BASIC as AGENCY:Federal Motor Carrier Safety
UF to carriers with VMT per PU up to Administration (FMCSA), DOT.
the initial OOS violation. However, the 250,000 miles, from the current level of
behavior of deciding to violate an OOS 200,000, will allow for a better measure ACTION: Notice.
Order is more closely related to a motor of exposure for carriers with very high
carrier’s or driver’s safety judgment, utilization. During the preview, carriers SUMMARY: FMCSA announces the
regardless of the underlying OOS will be able to see the individual completion of its New Entrant Safety
condition. impacts of this change. Assurance Program Operational Test
FMCSA reviewed these violations and (Operational Test) and the beginning of
analyzed the potential impact of FMCSA expects to begin a preview of the national implementation of the Off-
reclassifying violations of an OOS Order the proposed enhancements later in site Safety Audit Procedures. The Off-
to the Unsafe Driving BASIC. The 2015. Information on the availability of site Safety Audit Procedures allow
Agency found that the crash rate of the preview will be made available on FMCSA, and its Motor Carrier Safety
carriers at or above the intervention the SMS Web site, and the Agency will Assurance Program State partners (State
threshold in the Unsafe Driving BASIC publish a subsequent Federal Register Partners), to complete an off-site audit
will remain the same under this notice. Prior to implementation, motor of an eligible new entrant motor carrier
proposed change. Moreover, carriers will be able to log in with their whereby the new entrant motor carrier
consolidating these OOS violations in Portal account or PINs to view their own can demonstrate basic safety
the Unsafe Driving BASIC will help data and any proposed re-designed management controls by submitting
enforcement and motor carriers better formats. The general public will be able compliance documentation to a safety
identify and correct driver-related safety to access simulated carrier data in order auditor via electronic mail (email), fax,
issues. Therefore, FMCSA proposes to to view the proposed enhancements. or U.S. mail rather than being subject to
move all violations of operating while During the preview period, FMCSA will an on-site safety audit. FMCSA, working
OOS to the Unsafe Driving BASIC. hold several public webinars to provide with its respective State partners,
stakeholders with detailed information conducted an 18-month Operational
Changing the Maximum Vehicle Miles about the SMS methodology Test of the Off-Site Safety Audit
Travelled (VMT) enhancements. Procedures on new entrant motor
The Utilization Factor (UF) is an II. Request for Comments carriers domiciled in the following six
analytical element determined by States: Alaska, California, Florida,
dividing a motor carrier’s vehicle miles In advance of the SMS preview, Illinois, Montana, and New York; and
traveled (VMT) by the number of power FMCSA requests comments on the the Canadian Provinces contiguous to
units (PU) in the carrier’s fleet. The UF above enhancements to the SMS. Montana and New York. The
mstockstill on DSK4VPTVN1PROD with NOTICES
provides a more accurate picture of a Commenters are requested to provide Operational Test began July 15, 2013,
carrier’s safety and compliance. The UF supporting data wherever appropriate. and concluded on December 31, 2014.
is used in the Unsafe Driving BASIC and Issued on: June 22, 2015. FMCSA will phase-in the
Crash Indicator BASIC when a carrier implementation of the Off-site Safety
T.F. Scott Darling, III,
has a higher than normal utilization of Audit Procedures on new entrant motor
its vehicles (VMT per PU). The UF is Chief Counsel. carriers in other states beginning in the
currently limited to 200,000 miles. [FR Doc. 2015–15907 Filed 6–26–15; 8:45 am] summer of 2015 and continuing over the
Industry stakeholders noted that the BILLING CODE 4910–EX–P course of 36 months.
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![37040 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Notices
DATES: National implementation of the System thresholds) were also not entrant motor carriers under the New
Off-site Safety Audit Procedures will eligible for an off-site safety audit. Entrant Safety Assurance Program.
begin in the summer of 2015 and On September 9, 2014, FMCSA Starting in the summer of 2015, FMCSA
continue over the next 36 months. announced changes to the Operational will phase in use of the off-site
Test (79 FR 53511). First, the Agency procedures as additional State Partners
FOR FURTHER INFORMATION CONTACT: Mr.
updated the IT systems so that when an are able to be trained on the process,
Joseph Bennett, Federal Motor Carrier
automatic failure violation (as listed in policy, and information technology
Safety Administration, Compliance
49 CFR 385.321) is identified by the system used in conducting an off-site
Division, 1200 New Jersey Avenue SE.,
Agency based on the records the motor safety audit. In the first phase, FMCSA
Washington, DC 20590, Telephone 202–
carrier provides during the document will implement use of off-site new
365–8324, EMAIL: joseph.bennett@
submission process, the carrier will entrant safety audits in the following 11
dot.gov.
automatically fail the new entrant safety States: Georgia, Maine, Michigan,
SUPPLEMENTARY INFORMATION: audit and be placed into the corrective Minnesota, North Carolina, North
action process. Second, the Agency Dakota, Oregon, South Carolina, South
Background
extended the Operational Test through Dakota, Vermont, Wyoming, and
Prior to October 1, 2013, 49 CFR part December 2014 to ensure sufficient data Washington, DC.
385 subpart D required a safety audit is available to calculate the established Over the course of the next 36
within 18 months after a new entrant metrics in order to make an informed months, FMCSA will continue to
motor carrier began operations to decision on any future actions. expand the program to FMCSA State
determine if the carrier was exercising FMCSA monitored and evaluated the Partners, and new entrant motor carriers
basic safety management controls. effectiveness, efficiency, innovation, domiciled in other states. FMCSA will
FMCSA and its State Partners and flexibility of the Operational Test provide a schedule on its public Web
conducted all new entrant safety audits procedures in contrast to the current site at http://www.fmcsa.dot.gov/safety/
at the motor carrier’s principle place of New Entrant Safety Assurance Program new-entrant-safety-assurance-program
business, which was time and labor during and after the test using several for the additional States implementing
intensive. The timeframe for conducting performance metrics. Additional the Off-site Safety Audit Procedures.
these safety audits was further limited information about the Operational Test FMCSA anticipates completion of the
by Section 32102 of the Moving Ahead is available at www.regulations.gov nationwide expansion of the Off-Site
for Progress in the 21st Century (MAP– under Docket No. FMCSA–2013–0298. Safety Audit Procedures by the summer
21) [Pub. L. 112–141, 126 Stat. 405 (July Upon conclusion of the 18-month of 2018. As the program expands
6, 2012)], which required FMCSA to Operational Test, FMCSA determined eligible new entrant applicants will
complete safety audits within 12 that the data supported the effectiveness receive a written or verbal notice from
months for property carriers and within of the off-site procedures in determining FMCSA of their eligibility for the off-site
120 days for motorcoach passenger the safety fitness of eligible new entrant safety audit with instructions on the
carriers. MAP 21’s tightened deadlines, carriers. The off-site procedures further Off-Site Safety Audit Procedures.
coupled with an increase in new entrant allowed FMCSA to better meet the
Issued on: June 22, 2015.
applicants, prompted FMCSA to obligation of conducting safety audits
on all new entrant carriers within the T.F. Scott Darling, III,
develop a more efficient mechanism for
MAP–21 timeframes. As a result, Chief Counsel.
conducting safety audits.
FMCSA is moving forward with the [FR Doc. 2015–15867 Filed 6–26–15; 8:45 am]
On September 4, 2013, FMCSA
published a notice in the Federal nationwide implementation of the Off- BILLING CODE 4910–EX–P
Register announcing the Operational Site Safety Audit Procedures.
Results from the 18-month
Test (78 FR 54510). The Operational DEPARTMENT OF TRANSPORTATION
Operational Test showed that:
Test, which began in July 2013, allowed • 60 percent of new entrant carriers
certain eligible new entrant motor were eligible for, and received, off-site Federal Motor Carrier Safety
carriers to submit compliance safety audits; Administration
documentation to safety auditors either • The number of safety audits
electronically, via email, or via fax. A [Docket No. FMCSA–2007–28043]
completed within the test states
safety auditor would then conduct the increased by 4 percent; Hours of Service of Drivers; Renewal
safety audit remotely, assessing the new • Off-site safety audits take 33 and Expansion of American
entrant’s safety performance and percent less time to conduct than on-site Pyrotechnics Association Exemption
determining if it has adequate safety safety audits; From the 14-Hour Rule During
management practices pursuant to 49 • Off-site safety audits saved 58 Independence Day Celebrations
CFR part 385, subpart D. New entrant percent on travel costs;
carriers subject to off-site safety audits • Carriers identified for the less AGENCY: Federal Motor Carrier Safety
had the same regulatory requirements resource-intensive off-site safety audit Administration (FMCSA), DOT.
and privileges under 49 CFR part 385 were performing well during subsequent ACTION: Notice of final disposition;
subpart D as those carriers subject to on- roadside inspections; and, granting of application for exemption.
site safety audits. New entrant motor • Post-safety audit carriers receiving
carriers that transport either hazardous off-site safety audits, on average, have SUMMARY: FMCSA announces the
mstockstill on DSK4VPTVN1PROD with NOTICES
material or passengers were not eligible equivalent or fewer 49 CFR 385.308 granting of an exemption for 51
for an off-site safety audit. New entrant expedited actions and violation rates member-companies of the American
motor carriers with a known safety issue than carriers receiving an on-site safety Pyrotechnics Association (APA) from
(i.e., received an expedited action notice audit. FMCSA’s regulation prohibiting drivers
pursuant to 49 CFR 385.308 or had Based on the success of the of commercial motor vehicles (CMVs)
Behavior Analysis and Safety Operational Test, FMCSA will begin from driving after the 14th hour after
Improvement Categories (BASICs) national implementation of the Off-site coming on duty. FMCSA renews the
scores above the Safety Measurement Safety Audit Procedures for eligible new exemption for 46 APA member
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Document Created: 2015-12-15 14:25:14
Document Modified: 2015-12-15 14:25:14
| 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 | Notices | |
| Action | Notice. | |
| Dates | National implementation of the Off-site Safety Audit Procedures will begin in the summer of 2015 and continue over the next 36 months. | |
| Contact | Mr. Joseph Bennett, Federal Motor Carrier Safety Administration, Compliance Division, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 202-365-8324, EMAIL: [email protected] | |
| FR Citation | 80 FR 37039 |
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