81 FR 11875 - Notification of Changes to the Definition of a High Risk Motor Carrier and Associated Investigation Procedures
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 44 (March 7, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11875-11876 | |
| FR Document | 2016-04972 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11875-11876] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04972] [[Page 11875]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0439] Notification of Changes to the Definition of a High Risk Motor Carrier and Associated Investigation Procedures AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of definition and procedural changes. ----------------------------------------------------------------------- SUMMARY: This notice announces the Agency's efforts to improve the carrier prioritization process to enable safety investigators to take more immediate action against carriers with the highest crash risk. Specifically, FMCSA is announcing a new High Risk Motor Carrier definition and associated investigative procedural changes. These changes correspond with the ``Blueprint for Safety Leadership: Aligning Enforcement and Risk'' report issued by a Federal Aviation Administration Independent Review Team (IRT) in July 2014. The IRT recommended that FMCSA sharpen its priority-setting focus and improve the timeliness of investigator actions on those motor carriers representing the highest risk. This notice explains the Agency's new High Risk Motor Carrier definition and associated investigative procedural changes. DATES: Comments on this notice must be received on or before May 6, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System Docket ID [FMCSA-2015-0439] using any of the following methods: Federal eRulemaking Portal: Go to 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 0590-0001. 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. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. David Yessen, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone 609-275-2606 or by email: [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services at (202) 366-9826. SUPPLEMENTARY INFORMATION: 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., 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 acknowledgement page that appears after submitting comments online. 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. Background With the implementation of the Compliance, Safety, Accountability (CSA) program in December 2010, FMCSA began using the Safety Measurement System (SMS) to identify high-risk carriers for onsite investigations (75 FR 18256). Section of 5305(a) of the recently enacted Fixing America's Surface Transportation Act, Public Law 114-94, (Dec. 4, 2015; 129 Stat. 1312) requires that FMCSA ensure, at a minimum, that a review is conducted on motor carriers that demonstrate through performance data that they are among the highest risk carriers for four consecutive months. Under the previous policy, which is being superseded and can be found at 75 FR 18256, non-passenger carriers that meet or exceed specific SMS Behavior Analysis and Safety Improvement Category (BASIC) Intervention Thresholds for two consecutive months must receive an onsite investigation within 12 months, unless they received an onsite investigation within the previous 24 months. Passenger carriers that meet or exceed the specific BASIC Intervention Thresholds for one month must receive an onsite investigation in 90 days unless they received an onsite investigation within the previous 12 months. Carriers that meet these criteria are considered ``Mandatory'' for prioritization. New Definition of High Risk As part of FMCSA's continuing efforts to improve CSA, the Agency is improving the carrier prioritization process to enable safety investigators to take more immediate action against carriers with the highest crash risk. The Agency's efforts also correspond with the ``Blueprint for Safety Leadership: Aligning Enforcement and Risk'' report issued by a Federal Aviation Administration Independent Review Team (IRT) in July 2014. The IRT report recommended that FMCSA should sharpen its priority-setting focus and improve the timeliness of investigator actions on those motor carriers representing the highest risk. The IRT report noted that the current High Risk definition does not specify which carriers require the most urgent attention or allow for dynamic risk management. For these reasons, FMCSA developed, and today announces that it is adopting, a new High Risk motor carrier definition. Under the new definition, passenger carriers are ``High Risk'' if they have two or more of the following Behavior Analysis and Safety Improvement Categories (BASICs), most closely correlated with crash risk, at or above the 90th percentile for one month and they have not received onsite investigation in the previous 12 months: Unsafe Driving, Crash Indicator; HOS Compliance, and Vehicle Maintenance. Non-passenger carriers are considered ``High Risk'' if they have two or more of these BASICs at or above the 90th percentile for two consecutive months and they have not received an onsite investigation in the previous 18 months. The new definition will identify a smaller number of carriers, but this group of carriers will have a higher crash risk than the group of carriers identified under the current High Risk definition. This newly defined High Risk list will be the Agency's investigative priority. It will allow the Agency to more promptly conduct investigations of carriers that pose the greatest risk to public safety, rather than placing carriers at high crash risk in a longer queue of investigations. In addition, to address those carriers with poor safety performance that will no longer fall under the High Risk definition, FMCSA will identify and monitor additional carriers with [[Page 11876]] significant crash risk using dynamic risk management tools recommended by the IRT. The term dynamic risk management refers to the techniques and processes that Agency managers will use to evaluate the safety performance of carriers on the Moderate-Risk, Risk, and Monitor lists, and to reprioritize these carriers as needed. Safety performance data analysis tools were developed to support the dynamic management decision-making process. The term ``Mandatory'' will no longer be used to identify carriers for investigation prioritization. FMCSA will also introduce other prioritization changes over the next year to address other carriers with significant indicators of non-compliance and to improve the Agency's ability to manage risk and respond appropriately based on the best available data. As a result, the Agency anticipates conducting a similar number of investigations as are currently conducted. Table 1 below provides the approximate number of carriers that would be identified annually under the new High Risk definition and the Agency's additional risk tiers. Table 1--New High Risk Criteria Carriers and Crash Rates ---------------------------------------------------------------------------------------------------------------- New High Risk Moderate risk Risk ---------------------------------------------------------------------------------------------------------------- Number of carriers identified in 12 months...................... 2,800 1,500 9,200 Crash rate (24 months) per 100 Power Units *.................... 18.25 14.25 10.80 ---------------------------------------------------------------------------------------------------------------- * Current Mandatory Carrier Crash Rate: 13.35. This change will not impact a carrier's safety fitness rating, authority to operate, or SMS percentiles, and will not change the SMS methodology, or how FMCSA makes enforcement decisions. II. Summary of Changes The following table defines the criteria for designating Passenger and Non-Passenger carriers as ``High Risk.'' Table 2 is offered as reference material to assist the public in understanding the new High Risk definition. Table 2--Passenger and Non-Passenger Carriers Designated As ``High Risk'' ------------------------------------------------------------------------ Criteria Current mandatory New High Risk ------------------------------------------------------------------------ SMS BASIC Performance...........Unsafe Two or Driving, Crash more of the Indicator, or HOS following BASICs Compliance BASICs at or above the greater than or 90th percentile: equal to the 85th [cir] Unsafe percentile and Driving. one other BASIC [cir] Crash at or above the Indicator, ``all other'' [cir] HOS motor carrier Compliance. threshold; or [cir] Vehicle Any four Maintenance. or more BASICs at or above the ``all other'' motor carrier threshold (65th/ 80th percentiles). Passenger Carrier............... Occurs in One Occurs in One Month. Month. Non-Passenger Carrier........... Occurs in Two Occurs in Two Consecutive Consecutive Months. Months. Time Since Last Onsite Investigation. Passenger--12 Passenger--12 Months. Months. Non- Non- Passenger--24 Passenger--18 Months. Months. ------------------------------------------------------------------------ Issued on: February 16, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-04972 Filed 3-4-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11875
DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: For Intervention Thresholds for one month
information concerning this notice, must receive an onsite investigation in
Federal Motor Carrier Safety contact Mr. David Yessen, Federal 90 days unless they received an onsite
Administration Motor Carrier Safety Administration, investigation within the previous 12
[Docket No. FMCSA–2015–0439] 1200 New Jersey Avenue SE., months. Carriers that meet these criteria
Washington, DC 20590, telephone 609– are considered ‘‘Mandatory’’ for
Notification of Changes to the 275–2606 or by email: david.yessen@ prioritization.
Definition of a High Risk Motor Carrier dot.gov. If you have questions on
New Definition of High Risk
and Associated Investigation viewing or submitting material to the
Procedures docket, contact Docket Services at (202) As part of FMCSA’s continuing efforts
366–9826. to improve CSA, the Agency is
AGENCY: Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION: improving the carrier prioritization
Administration (FMCSA), DOT. Docket: For access to the docket to process to enable safety investigators to
ACTION: Notice of definition and read background documents or take more immediate action against
procedural changes. comments, go to www.regulations.gov at carriers with the highest crash risk. The
any time or visit Room W12–140 on the Agency’s efforts also correspond with
SUMMARY: This notice announces the the ‘‘Blueprint for Safety Leadership:
Agency’s efforts to improve the carrier ground level of the West Building, 1200
New Jersey Avenue SE., Washington, Aligning Enforcement and Risk’’ report
prioritization process to enable safety issued by a Federal Aviation
investigators to take more immediate DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. Administration Independent Review
action against carriers with the highest Team (IRT) in July 2014. The IRT report
crash risk. Specifically, FMCSA is The online Federal document
management system is available 24 recommended that FMCSA should
announcing a new High Risk Motor sharpen its priority-setting focus and
Carrier definition and associated hours each day, 365 days each year. If
you want acknowledgment that we improve the timeliness of investigator
investigative procedural changes. These actions on those motor carriers
changes correspond with the ‘‘Blueprint received your comments, please include
a self-addressed, stamped envelope or representing the highest risk. The IRT
for Safety Leadership: Aligning report noted that the current High Risk
Enforcement and Risk’’ report issued by postcard or print the acknowledgement
page that appears after submitting definition does not specify which
a Federal Aviation Administration carriers require the most urgent
Independent Review Team (IRT) in July comments online.
Privacy Act: In accordance with 5 attention or allow for dynamic risk
2014. The IRT recommended that management.
U.S.C. 553(c), DOT solicits comments
FMCSA sharpen its priority-setting For these reasons, FMCSA developed,
from the public to better inform its
focus and improve the timeliness of and today announces that it is adopting,
rulemaking process. DOT posts these
investigator actions on those motor a new High Risk motor carrier
comments, without edit, including any
carriers representing the highest risk. definition. Under the new definition,
personal information the commenter
This notice explains the Agency’s new passenger carriers are ‘‘High Risk’’ if
provides, to www.regulations.gov, as
High Risk Motor Carrier definition and they have two or more of the following
described in the system of records
associated investigative procedural Behavior Analysis and Safety
notice (DOT/ALL–14 FDMS), which can
changes. Improvement Categories (BASICs), most
be reviewed at www.dot.gov/privacy.
DATES: Comments on this notice must be closely correlated with crash risk, at or
received on or before May 6, 2016. Background above the 90th percentile for one month
ADDRESSES: You may submit comments With the implementation of the and they have not received onsite
bearing the Federal Docket Management Compliance, Safety, Accountability investigation in the previous 12 months:
System Docket ID [FMCSA–2015–0439] (CSA) program in December 2010, Unsafe Driving, Crash Indicator; HOS
using any of the following methods: FMCSA began using the Safety Compliance, and Vehicle Maintenance.
Federal eRulemaking Portal: Go to Measurement System (SMS) to identify Non-passenger carriers are considered
http://www.regulations.gov. Follow the high-risk carriers for onsite ‘‘High Risk’’ if they have two or more of
online instructions for submitting investigations (75 FR 18256). Section of these BASICs at or above the 90th
comments. 5305(a) of the recently enacted Fixing percentile for two consecutive months
Mail: Docket Management Facility; America’s Surface Transportation Act, and they have not received an onsite
U.S. Department of Transportation, 1200 Public Law 114–94, (Dec. 4, 2015; 129 investigation in the previous 18 months.
New Jersey Avenue SE., West Building Stat. 1312) requires that FMCSA ensure, The new definition will identify a
Ground Floor, Room W12–140, at a minimum, that a review is smaller number of carriers, but this
Washington, DC 0590–0001. conducted on motor carriers that group of carriers will have a higher
Hand Delivery or Courier: West demonstrate through performance data crash risk than the group of carriers
Building Ground Floor, Room W12–140, that they are among the highest risk identified under the current High Risk
1200 New Jersey Avenue SE., carriers for four consecutive months. definition. This newly defined High
Washington, DC, between 9 a.m. and 5 Under the previous policy, which is Risk list will be the Agency’s
p.m., ET, Monday through Friday, being superseded and can be found at investigative priority. It will allow the
except Federal holidays. 75 FR 18256, non-passenger carriers that Agency to more promptly conduct
Fax: 1–202–493–2251. meet or exceed specific SMS Behavior investigations of carriers that pose the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Each submission must include the Analysis and Safety Improvement greatest risk to public safety, rather than
Agency name and the docket number for Category (BASIC) Intervention placing carriers at high crash risk in a
this notice. Note that DOT posts all Thresholds for two consecutive months longer queue of investigations.
comments received without change to must receive an onsite investigation In addition, to address those carriers
www.regulations.gov, including any within 12 months, unless they received with poor safety performance that will
personal information included in a an onsite investigation within the no longer fall under the High Risk
comment. Please see the Privacy Act previous 24 months. Passenger carriers definition, FMCSA will identify and
heading below. that meet or exceed the specific BASIC monitor additional carriers with
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![11876 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
significant crash risk using dynamic risk support the dynamic management available data. As a result, the Agency
management tools recommended by the decision-making process. The term anticipates conducting a similar number
IRT. The term dynamic risk ‘‘Mandatory’’ will no longer be used to of investigations as are currently
management refers to the techniques identify carriers for investigation conducted.
and processes that Agency managers prioritization. FMCSA will also
Table 1 below provides the
will use to evaluate the safety introduce other prioritization changes
approximate number of carriers that
performance of carriers on the over the next year to address other
Moderate-Risk, Risk, and Monitor lists, carriers with significant indicators of would be identified annually under the
and to reprioritize these carriers as non-compliance and to improve the new High Risk definition and the
needed. Safety performance data Agency’s ability to manage risk and Agency’s additional risk tiers.
analysis tools were developed to respond appropriately based on the best
TABLE 1—NEW HIGH RISK CRITERIA CARRIERS AND CRASH RATES
New High Risk Moderate risk Risk
Number of carriers identified in 12 months ................................................................................. 2,800 1,500 9,200
Crash rate (24 months) per 100 Power Units * ........................................................................... 18.25 14.25 10.80
* Current Mandatory Carrier Crash Rate: 13.35.
This change will not impact a carrier’s how FMCSA makes enforcement Non-Passenger carriers as ‘‘High Risk.’’
safety fitness rating, authority to decisions. Table 2 is offered as reference material
operate, or SMS percentiles, and will II. Summary of Changes to assist the public in understanding the
not change the SMS methodology, or new High Risk definition.
The following table defines the
criteria for designating Passenger and
TABLE 2—PASSENGER AND NON-PASSENGER CARRIERS DESIGNATED AS ‘‘HIGH RISK’’
Criteria Current mandatory New High Risk
SMS BASIC Performance ................................. • Unsafe Driving, Crash Indicator, or HOS • Two or more of the following BASICs at or
Compliance BASICs greater than or equal above the 90th percentile:
to the 85th percentile and one other BASIC Æ Unsafe Driving.
at or above the ‘‘all other’’ motor carrier Æ Crash Indicator,
threshold; or Æ HOS Compliance.
• Any four or more BASICs at or above the Æ Vehicle Maintenance.
‘‘all other’’ motor carrier threshold (65th/80th
percentiles).
Passenger Carrier ............................................. Occurs in One Month ....................................... Occurs in One Month.
Non-Passenger Carrier ...................................... Occurs in Two Consecutive Months ................ Occurs in Two Consecutive Months.
Time Since Last Onsite Investigation ................ • Passenger—12 Months ................................ • Passenger—12 Months.
• Non-Passenger—24 Months ........................ • Non-Passenger—18 Months.
Issued on: February 16, 2016. (CMVs) in interstate commerce. If through Friday, except Federal
T.F. Scott Darling, III, granted, the exemptions would enable Holidays.
Acting Administrator. these individuals to operate CMVs in • Fax: 1–202–493–2251.
[FR Doc. 2016–04972 Filed 3–4–16; 8:45 am] interstate commerce. Instructions: Each submission must
BILLING CODE 4910–EX–P DATES: Comments must be received on include the Agency name and the
or before April 6, 2016. docket numbers for this notice. Note
ADDRESSES: You may submit comments that all comments received will be
DEPARTMENT OF TRANSPORTATION bearing the Federal Docket Management posted without change to http://
System (FDMS) Docket No. FMCSA– www.regulations.gov, including any
Federal Motor Carrier Safety personal information provided. Please
2015–0328 using any of the following
Administration see the Privacy Act heading below for
methods:
[Docket No. FMCSA–2015–0328] • Federal eRulemaking Portal: Go to further information.
http://www.regulations.gov. Follow the Docket: For access to the docket to
Qualification of Drivers; Application for on-line instructions for submitting read background documents or
Exemptions; Hearing comments. comments, go to http://
• Mail: Docket Management Facility; www.regulations.gov at any time or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA). U.S. Department of Transportation, 1200 Room W12–140 on the ground level of
ACTION: Notice of applications for New Jersey Avenue SE., West Building the West Building, 1200 New Jersey
exemptions; request for comments. Ground Floor, Room W12–140, Avenue SE., Washington, DC, between 9
Washington, DC 20590–0001. a.m. and 5 p.m., Monday through
SUMMARY: FMCSA announces receipt of • Hand Delivery: West Building Friday, except Federal holidays. The
applications from 25 individuals for an Ground Floor, Room W12–140, 1200 Federal Docket Management System
exemption from the hearing requirement New Jersey Avenue SE., Washington, (FDMS) is available 24 hours each day,
to operate commercial motor vehicles DC, between 9 a.m. and 5 p.m., Monday 365 days each year. If you want
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Document Created: 2018-02-02 15:07:41
Document Modified: 2018-02-02 15:07:41
| 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 definition and procedural changes. | |
| Dates | Comments on this notice must be received on or before May 6, 2016. | |
| Contact | For information concerning this notice, contact Mr. David Yessen, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone 609-275-2606 or by email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services at (202) 366-9826. | |
| FR Citation | 81 FR 11875 |
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