80 FR 80447 - Potential Benefits and Feasibility of Voluntary Compliance; Public Listening Sessions
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 247 (December 24, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 247 (December 24, 2015)
| Page Range | 80447-80449 | |
| FR Document | 2015-32358 |
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)] [Notices] [Pages 80447-80449] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32358] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. 2015-0124] Potential Benefits and Feasibility of Voluntary Compliance; Public Listening Sessions AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of public listening sessions. ----------------------------------------------------------------------- SUMMARY: The FMCSA announces that it will hold two public listening sessions, on January 12 and 31, 2016, to solicit information 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 recently enacted Fixing America's Surface Transportation (FAST) Act mandates that the FMCSA Administrator allow recognition for a motor carrier that installs advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs and other standards for use by motor carriers to receive recognition, including credit or an improved Safety Measurement System (SMS) percentile. FMCSA is soliciting comment to develop a process for identifying and reviewing these opportunities to provide credit to those carriers and drivers who go above and beyond the regulatory requirements. The listening sessions are intended to provide interested parties with an opportunity to share their views on this topic with Agency representatives, along with any data or analysis they may have. All comments will be transcribed and placed in the docket referenced above for FMCSA's consideration. The entire proceedings of both meetings will be webcast. DATES: The listening sessions will be held on Tuesday, January 12, 2016, from 9:30 a.m. to 11:30 a.m. and 2:30 p.m. to 4:30 p.m., Local Time, and on Sunday, January 31, 2016, from 2:00 p.m. to 4:00 p.m., Local Time. If all interested parties have had the opportunity to comment, the sessions may conclude early. ADDRESSES: The January 12 listening session will be held at the Kentucky International Convention Center, Room 108, 221 Fourth St., Louisville, KY 40202. The January 31 session will be held at the Georgia World Congress Center, Building C, 285 Andrew Young International Blvd. NW., Atlanta, GA. In addition to attending the session in person, the Agency offers several ways to provide comments, as enumerated below. Internet Address for Live Webcast. FMCSA will post specific information on how to participate via the Internet on the FMCSA Web site at www.fmcsa.dot.gov in advance of the listening session. You may submit comments identified by Docket Number FMCSA-2015-0124 using any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online 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., Monday through Friday, except Federal holidays. Fax: 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. To avoid duplication, please use only one of these four methods. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. [[Page 80448]] 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 would like acknowledgment that the Agency received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Policy Advisor, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or by telephone at 202-366-2551. If you need sign language interpretation or any other accessibility accommodation, please contact Ms. Watson by Monday, January 4, 2016, to allow us to arrange for such services. FMCSA cannot guarantee that interpreter services requested on short notice will be provided. SUPPLEMENTARY INFORMATION: Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2015-0124), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, put the docket number, FMCSA-2015-0124, in the keyword box, and click ``Search.'' When the new screen appears, click on the ``Comment Now!'' button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may draft a notice of proposed rulemaking based on your comments and other information and analysis. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2015-0124, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays. 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. I. Background The trucking and bus industries and the U.S. Department of Transportation have invested in the research, development, and testing of strategies and technologies to reduce truck and bus crashes. In September 2014, the Commercial Vehicle Safety Alliance (CVSA) submitted a request to FMCSA to consider initiating a pilot program to investigate the benefits and feasibility of a voluntary compliance program. Citing research that has been underway for several years, the Agency established an Alternative Compliance team in December 2014, the goal of which was to analyze the concept and gather data to support how it might be developed and implemented. On March 30-31, 2015, the Agency's Motor Carrier Safety Advisory Committee (MCSAC) deliberated on the potential benefits and feasibility of a voluntary compliance program and ways to credit carriers and drivers who initiate and establish programs that promote safety beyond FMCSA's regulations. The MCSAC completed its deliberations during its June 15-16, 2015, meeting and subsequently submitted its final report on Task 15-1 to the Agency on September 21, 2015. A copy of the report is posted at the MCSAC's Web site, http://mcsac.fmcsa.dot.gov/meeting.htm. On April 23, 2015 (80 FR 22770), the Agency published a notice requesting responses to specific questions and any supporting data the Agency should consider in the potential development of a Beyond Compliance program.\1\ The notice indicated that 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. --------------------------------------------------------------------------- \1\ See https://www.thefederalregister.org/fdsys/pkg/FR-2015-04-23/pdf/201509463.pdf or https://www.fmcsa.dot.gov/regulations/notices/201509463. --------------------------------------------------------------------------- Section 5222 of the recently enacted the Fixing America's Surface Transportation Act (Pub. L. 114-94, Dec. 4, 2015, 129 Stat. 1312) (FAST) mandates that the FMCSA Administrator allow recognition for a motor carrier that installs advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs and other standards for use by motor carriers to receive recognition, including credit or an improved SMS percentile. This provision requires the Administrator, after providing notice and comment, to develop a process for identifying and reviewing these opportunities to provide credit to those carriers and drivers who go above and beyond the regulatory requirements. The January 12, 2016, session will be held at the American Bus Association's (ABA) Marketplace conference in Louisville, Kentucky. The January 31, 2016, session will be held at the United Motorcoach Association (UMA) Expo 2016 conference in Atlanta, Georgia. All comments will be transcribed and placed in the docket referenced above for FMCSA's consideration. The entire proceedings of both meetings will be webcast. II. Meeting Participation and Information FMCSA Seeks From the Public The listening session is open to the public. Speakers should try to limit their remarks to 3-5 minutes. No preregistration is required. Attendees may submit material to the FMCSA staff at the session for inclusion in the pubic [[Page 80449]] docket referenced at the beginning of this notice. FMCSA would like to know the views of the public on the 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; and (3) how FMCSA would verify that the voluntary technologies or safety programs are being implemented. FMCSA will docket the transcripts of the webcast and a separate transcription of each listening session will be prepared by an official court reporter. Dated: December 18, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-32358 Filed 12-23-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80447
percentage rate to 25 percent when the In accordance with 49 CFR sessions are intended to provide
industry-wide random controlled 382.305(e)(2) if, in the future, the interested parties with an opportunity to
substances positive rate is less than 1.0 reported positive rate for any calendar share their views on this topic with
percent for two consecutive calendar year is equal to or greater than 1.0 Agency representatives, along with any
years. 49 CFR 382.305(g). The new percent, the FMCSA Administrator will data or analysis they may have. All
annual random testing percentage rate increase the minimum annual comments will be transcribed and
would then apply starting January 1 of percentage rate for random controlled placed in the docket referenced above
the following calendar year. 49 CFR substances testing to 50 percent of all for FMCSA’s consideration. The entire
382.305(f). driver positions. proceedings of both meetings will be
In accordance with 49 CFR 382.403, webcast.
each calendar year FMCSA requires Minimum Annual Percentage Rates for
Random Controlled Substances Testing DATES: The listening sessions will be
motor carriers selected for the survey to
for 2016 held on Tuesday, January 12, 2016, from
submit their DOT drug and alcohol
Effective January 1, 2016, the 9:30 a.m. to 11:30 a.m. and 2:30 p.m. to
testing program results. Selected motor
carriers are responsible for ensuring the minimum annual percentage rate for 4:30 p.m., Local Time, and on Sunday,
completeness, accuracy, and timeliness random controlled substances testing is January 31, 2016, from 2:00 p.m. to 4:00
of the data submitted. The survey 25 percent of the average number of p.m., Local Time. If all interested parties
requires motor carriers to provide driver positions. The minimum annual have had the opportunity to comment,
information to the Agency on the percentage rate for random alcohol the sessions may conclude early.
number of random tests conducted and testing will remain at 10 percent. ADDRESSES: The January 12 listening
the corresponding positive rates. Issued on: December 17, 2015.
session will be held at the Kentucky
For the 2013 survey, notices were sent International Convention Center, Room
T.F. Scott Darling, III,
out to 3,251 randomly selected motor 108, 221 Fourth St., Louisville, KY
Acting Administrator.
carriers primarily via email and U.S. 40202. The January 31 session will be
[FR Doc. 2015–32364 Filed 12–23–15; 8:45 am] held at the Georgia World Congress
mail for those motor carriers with
BILLING CODE 4910–EX–P Center, Building C, 285 Andrew Young
invalid or no email addresses. Of these
forms, 2,236 were completed and International Blvd. NW., Atlanta, GA. In
returned to FMCSA, resulting in usable addition to attending the session in
DEPARTMENT OF TRANSPORTATION person, the Agency offers several ways
data from 1,654 carriers comprising of
497,270 CDL drivers based on the motor Federal Motor Carrier Safety to provide comments, as enumerated
carriers’ survey responses. Respondents Administration below.
providing non-usable data represent Internet Address for Live Webcast.
entities that are out of business, exempt, [Docket No. 2015–0124] FMCSA will post specific information
have no testing program in place, or on how to participate via the Internet on
Potential Benefits and Feasibility of the FMCSA Web site at
belong to consortia that did not test any
Voluntary Compliance; Public www.fmcsa.dot.gov in advance of the
drivers for the carrier during 2013.
The estimated positive random Listening Sessions listening session.
controlled substance test rate in 2013 is AGENCY: Federal Motor Carrier Safety You may submit comments identified
0.7 percent. The 95-percent confidence Administration (FMCSA), DOT. by Docket Number FMCSA–2015–0124
interval for this estimate ranges from ACTION: Notice of public listening using any of the following methods:
0.6–0.8 percent. In other words, if the sessions. • Federal eRulemaking Portal: http://
survey were to be replicated, it would www.regulations.gov. Follow the online
be expected that the confidence interval SUMMARY: The FMCSA announces that it instructions for submitting comments.
derived from each replication would will hold two public listening sessions, • Mail: Docket Management Facility,
contain the true usage rate in 95 out of on January 12 and 31, 2016, to solicit U.S. Department of Transportation, 1200
100 surveys. For 2011 and 2012, the information on the potential benefits New Jersey Avenue SE., West Building,
estimated positive usage rate for drugs and feasibility of voluntary compliance Ground Floor, Room W12–140,
was estimated to be 0.9 percent and 0.6 and ways to credit carriers and drivers Washington, DC 20590–0001.
percent, respectively. who initiate and establish programs that • Hand Delivery or Courier: West
For calendar year 2015, in order to promote safety beyond the standards Building, Ground Floor, Room W12–
ensure reliability of the data, the established in FMCSA regulations. The 140, 1200 New Jersey Avenue SE.,
FMCSA Administrator made the recently enacted Fixing America’s Washington, DC, between 9 a.m. and 5
decision to maintain the annual testing Surface Transportation (FAST) Act p.m., Monday through Friday, except
percentage rate at 50 percent and sought mandates that the FMCSA Federal holidays.
additional information related to Administrator allow recognition for a • Fax: 202–493–2251.
drivers’ positive test rates. Following a motor carrier that installs advanced Each submission must include the
third consecutive calendar year of data safety equipment, enhanced driver Agency name and the docket number for
reporting the positive rate below 1.0 fitness measures, fleet safety this notice. Note that DOT posts all
percent FMCSA announces that the management tools, technologies, and comments received, without change, to
random controlled substances annual programs and other standards for use by www.regulations.gov, including any
percentage testing rate will change from motor carriers to receive recognition, personal information included in a
mstockstill on DSK4VPTVN1PROD with NOTICES
50 percent to 25 percent. The new including credit or an improved Safety comment. Please see the Privacy Act
minimum annual percentage rate for Measurement System (SMS) percentile. heading below. To avoid duplication,
random drug testing will be effective FMCSA is soliciting comment to please use only one of these four
January 1, 2016. This change reflects the develop a process for identifying and methods. See the ‘‘Public Participation
sustained low positive test rate and will reviewing these opportunities to and Request for Comments’’ portion of
result in an estimated $50 million in provide credit to those carriers and the SUPPLEMENTARY INFORMATION section
annual savings to motor carriers by drivers who go above and beyond the for instructions on submitting
requiring that fewer drivers be tested. regulatory requirements. The listening comments.
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![Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices 80449
docket referenced at the beginning of enough to cause a noncompliance of the submitted on behalf of an association,
this notice. 1-inch requirement. The contraction of business, labor union, etc.). In
FMCSA would like to know the views the steel affects the moveable span’s accordance with 5 U.S.C. 553(c), DOT
of the public on the concept, with any west-end span lock adjustment, which solicits comments from the public to
data or analysis to support it, with requires a maintainer to travel to the better inform its processes. DOT posts
regard to 3 basic areas: bridge piers to seasonally adjust both these comments, without edit, including
(1) What voluntary technologies or west-end span lock circuit controller any personal information the
safety program best practices would be boxes to a setting of 2 inches to commenter provides, to
appropriate for beyond compliance; (2) compensate for the contraction. Later in www.regulations.gov, as described in
what type of incentives would the season, the settings must be returned the system of records notice (DOT/ALL–
encourage motor carriers to invest in to 1 inch. This often places the 14 FDMS), which can be reviewed at
technologies and best practices maintainer at a safety risk due to icy www.dot.gov/privacy. See also http://
programs; and (3) how FMCSA would conditions. The span lock members www.regulations.gov/#!privacyNotice
verify that the voluntary technologies or extend approximately 13 inches in for the privacy notice of regulations.gov.
safety programs are being implemented. length into the fixed portions when the Issued in Washington, DC.
FMCSA will docket the transcripts of movable span is locked with the fixed
Robert C. Lauby,
the webcast and a separate transcription span.
A copy of the petition, as well as any Associate Administrator for Railroad Safety.
of each listening session will be Chief Safety Officer.
prepared by an official court reporter. written communications concerning the
petition, is available for review online at [FR Doc. 2015–32450 Filed 12–23–15; 8:45 am]
Dated: December 18, 2015.
www.regulations.gov and in person at BILLING CODE 4910–06–P
Larry W. Minor,
the Department of Transportation’s
Associate Administrator for Policy. (DOT) Docket Operations Facility, 1200
[FR Doc. 2015–32358 Filed 12–23–15; 8:45 am] New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION
BILLING CODE 4910–EX–P Washington, DC 20590. The Docket Federal Railroad Administration
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday, [Docket Number FRA–2015–0130]
DEPARTMENT OF TRANSPORTATION except Federal Holidays.
Interested parties are invited to Petition for Waiver of Compliance
Federal Railroad Administration participate in these proceedings by In accordance with part 211 of Title
[Docket Number FRA–2005–20383] submitting written views, data, or 49 Code of Federal Regulations (CFR),
comments. FRA does not anticipate this document provides the public
Petition for Waiver of Compliance scheduling a public hearing in notice that by a document dated
In accordance with part 211 of Title connection with these proceedings since September 25, 2015, BNSF Railway
49 of the Code of Federal Regulations the facts do not appear to warrant a (BNSF) has petitioned the Federal
(CFR), this document provides the hearing. If any interested party desires Railroad Administration (FRA) for a
public notice that by a document dated an opportunity for oral comment, they waiver of compliance from certain
October 28, 2015, the Maine Eastern should notify FRA, in writing, before provisions of the Federal railroad safety
Railroad (MERR) has petitioned the the end of the comment period and regulations contained at 49 CFR part
Federal Railroad Administration (FRA) specify the basis for their request. 213, Track Safety Standards. FRA
All communications concerning these
for a waiver of compliance from certain assigned the petition Docket Number
proceedings should identify the
provisions of the Federal railroad safety FRA–2015–0130.
appropriate docket number and may be
regulations contained at 49 CFR part Pursuant to 49 CFR 213.113(a), BNSF
submitted by any of the following
236. FRA assigned the petition Docket requests a waiver from the accepted
methods:
Number FRA–2005–20383. • Web site: http:// practice of stop/start rail testing to
This request is for relief from the www.regulations.gov. Follow the online deploy nonstop continuous test rail flaw
mechanical locking requirements found instructions for submitting comments. inspection to begin November 1, 2015,
in 49 CFR 236.312, Movable bridge, • Fax: 202–493–2251. and to be in effect for 3 years.
interlocking of signal appliances with • Mail: Docket Operations Facility, The test process would occur on the
bridge devices, on the Carlton Bridge at U.S. Department of Transportation, 1200 main tracks of the following
Bath, ME, Milepost 30.0 on the New Jersey Avenue SE., W12–140, subdivisions: Panhandle, Hereford,
Rockland Branch. Specifically, MERR Washington, DC 20590. Clovis, Gallup, Seligman, Fort Scott,
requests permission to detect • Hand Delivery: 1200 New Jersey Thayer North, Thayer South,
displacement of the bridge-locking Avenue SE., Room W12–140, Birmingham, Amory, Cuba, River,
members when displaced more than 2 Washington, DC 20590, between 9 a.m. Cherokee, and Afton.
inches from their proper position, and 5 p.m., Monday through Friday, BNSF will gradually deploy the
instead of the existing 1-inch except Federal Holidays. process over time as they measure the
requirement. Communications received by results and prioritize the areas expected
MERR states that it was granted relief February 8, 2016 will be considered by to benefit the most from this alternative
from the 1-inch locking requirement in FRA before final action is taken. method. BNSF will notify FRA when
mstockstill on DSK4VPTVN1PROD with NOTICES
2005 in Docket Number FRA–2005– Comments received after that date will implementing on a specific subdivision.
20383, but allowed that waiver to expire be considered as far as practicable. Multiple data acquisition and/or field
in 2010. MERR notes that it is not Anyone is able to search the verification vehicles may be used as
possible to maintain the 1-inch span electronic form of any written required to accomplish the desired
lock retraction limit in cold-temperature communications and comments testing production rates.
extremes. These conditions will cause received into any of our dockets by the Currently, the BNSF subdivisions
the movable span-locking members to name of the individual submitting the proposed for nonstop testing are
move within the fixed span positions comment (or signing the document, if required by 49 CFR 213.237, Inspection
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Document Created: 2015-12-24 02:24:55
Document Modified: 2015-12-24 02:24:55
| 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 of public listening sessions. | |
| Dates | The listening sessions will be held on Tuesday, January 12, 2016, from 9:30 a.m. to 11:30 a.m. and 2:30 p.m. to 4:30 p.m., Local Time, and on Sunday, January 31, 2016, from 2:00 p.m. to 4:00 p.m., Local Time. If all interested parties have had the opportunity to comment, the sessions may conclude early. | |
| Contact | Ms. Shannon L. Watson, Senior Policy Advisor, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or by telephone at 202-366-2551. | |
| FR Citation | 80 FR 80447 |
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