81_FR_12107 81 FR 12062 - Carrier Safety Fitness Determination

81 FR 12062 - Carrier Safety Fitness Determination

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 45 (March 8, 2016)

Page Range12062-12064
FR Document2016-05151

FMCSA extends the public comment period for the Agency's notice of proposed rulemaking (NPRM) that published on January 21, 2016. This NPRM concerns the proposals to the current methodology for issuance of safety fitness determinations (SFD) for motor carriers. The Agency extends the deadline for the submission of initial comments to May 23, 2016. Reply comments will be due on or before June 23, 2016. In addition, FMCSA corrects the title and date of an American Transportation Research Institute (ATRI) study report that the NPRM cited about the Agency's Safety Measurement System (SMS).

Federal Register, Volume 81 Issue 45 (Tuesday, March 8, 2016) 
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Proposed Rules]
[Pages 12062-12064]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05151]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 365, 385, 386, 387, and 395

[Docket No. FMCSA-2015-0001]
RIN 2126-AB11


Carrier Safety Fitness Determination

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

ACTION: Notice; extension of comment period and technical correction.

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SUMMARY: FMCSA extends the public comment period for the Agency's 
notice of proposed rulemaking (NPRM) that published on January 21, 
2016. This NPRM concerns the proposals to the current methodology for 
issuance of safety fitness determinations (SFD) for motor carriers. The 
Agency extends the deadline for the submission of initial comments to 
May 23, 2016. Reply comments will be due on or before June 23, 2016. In 
addition, FMCSA corrects the title and date of an American 
Transportation Research Institute (ATRI) study report that the NPRM 
cited about the Agency's Safety Measurement System (SMS).

DATES: FMCSA is extending the initial comment period for the proposed 
rulemaking published on January 21, 2016 (81 FR 3562). You must submit 
comments by May 23, 2016, and reply comments on or before June 23, 
2016.

[[Page 12063]]


ADDRESSES: You may submit comments (initial and reply) identified by 
the docket number FMCSA-2015-0001 using any of the following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Services, U.S. Department of Transportation, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
Monday through Friday, except Federal holidays.
    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 below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. David Yessen, (609) 275-2606, 
[email protected]. FMCSA office hours are from 7:30 a.m. to 4 p.m., 
Monday through Friday, except Federal holidays. If you have questions 
on viewing or submitting material to the docket, call Docket Services, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate in this rulemaking by 
submitting comments, reply comments, and related materials. All 
comments received will be posted without change to http://www.regulations.gov and will include any personal information you 
provide.

A. Submitting Comments

    Initial comments may address any issue raised in the NPRM and the 
background documents in the docket (e.g., Regulatory Evaluation, 
studies). Initial comments will be made available promptly online on 
http://www.regulations.gov and for public inspection in room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. In 
order to allow sufficient opportunity for interested parties to prepare 
and submit any reply comments, late-filed initial comments will not be 
considered. Reply comments must address only matters raised in initial 
comments and must not be used to present new arguments, contentions, or 
factual material that is not responsive to the initial comments.
    If you submit a comment or a reply comment, please include the 
docket number for this rulemaking (FMCSA-2015-0001), indicate the 
specific section of this document to which each comment or reply 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments, reply 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 the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment or reply comment online, go to http://www.regulations.gov and insert ``FMCSA-2015-0001'' in the ``Search'' 
box, and then click the ``Search'' button to the right of the white 
box. Click on the top ``Comment Now'' box which appears next to the 
document. Fill in your contact information, as desired and your comment 
or reply comment, uploading documents if appropriate. 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 or reply comments by mail and 
would like to know that they reached the facility, please enclose a 
stamped, self-addressed postcard or envelope.
    FMCSA will consider all comments, reply comments and material 
received during the comment period and may change this proposed rule 
based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert ``FMCSA-2015-0001'' in the ``Search'' box and then click on 
``Search.'' Click on the ``Open Docket Folder'' link and all the 
information for the document, and the list of comments will appear with 
a link to each one. Click on the comment you would like to read. If you 
do not have access to the Internet, you may view the docket online by 
visiting the Docket Services in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

C. 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.

II. Background

    On January 21, 2016 (81 FR 3562), FMCSA published an NPRM to amend 
the current methodology for issuance of SFDs for motor carriers. From 
February 3 to 5, 2016, the American Moving and Storage Association 
(AMSA), Transportation Intermediaries Association (TIA), and the 
Transportation & Logistics Council, Inc. (TL Council) petitioned the 
Agency for a 60-day extension of the comment period. On February 16, 
2016, the Owner Operator Independent Drivers Association (OOIDA) 
petitioned the Agency for a 90-day extension of the comment period. A 
copy of the AMSA, TIA, TL Council, and OOIDA petitions are included in 
the docket referenced at the beginning of this document. After 
reviewing the requests, FMCSA has decided to grant a 60-day extension 
(to May 23, 2016, for initial comments and to June 23, 2016 for reply 
comments) to provide all interested parties adequate time to submit 
comments on proposals in this rulemaking.
    In addition, Rebecca M. Brewster, President and Chief Operating 
Officer of the American Transportation Research Institute (ATRI), 
informed FMCSA that the NPRM incorrectly cited an ATRI study (81 FR 
3562, at 3567, third column) on the Agency's Behavioral Analysis and 
Safety Improvement Categories (BASICs) and their relationship to crash 
risk. The study erroneously cited by FMCSA was a qualitative study of 
motor carrier, driver, law enforcement and shipper survey data. The 
ATRI study on the BASICs was released in October 2012 and is titled 
``Compliance, Safety, Accountability: Analyzing the Relationship of 
Scores to Crash Risk.'' It involved an analysis of carriers assessed by 
BASICs. The results confirmed that FMCSA's Safety Measurement System 
(SMS) is better at targeting carriers and identifying safety problems 
than the current SafeStat, the Agency's previous intervention 
prioritization system. In addition, the ATRI study indicated that the 
number of ``alerts'' a carrier has is the best indicator of future 
crashes.
    FMCSA has included the correct report in the docket for the 
public's consideration of the Carrier Safety Fitness Determination 
NPRM.


[[Page 12064]]


    Issued on: March 1, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05151 Filed 3-7-16; 8:45 am]
 BILLING CODE 4910-EX-P

12062 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules within 30 calendar days of the initial § 266.642 [Amended] SUPPLEMENTARY INFORMATION: This is a claim payment. Any excess funds ■ 37. Amend the third sentence of summary of the Commission’s resulting from such retirement or § 266.642 to remove the phrase ‘‘45- document, Report No. 3038, released repayment shall be returned to HUD day’’ and in its place add the phrase February 11, 2016. The full text of within 30 calendar days of the ‘‘45-calendar day’’. Report No. 3038 is available for viewing retirement. and copying in Room CY–B402, 445 § 266.644 [Amended] 12th Street SW., Washington, DC. The * * * * * ■ 38. Amend § 266.644 to add the word Commission will not send a copy of this ■ 34. In § 266.630, revise the second ‘‘calendar’’ before the word ‘‘days’’ in document pursuant to the Congressional sentence of paragraph (c)(2), paragraphs the undesignated introductory (d)(1), (2), and (4), and the second Review Act, 5 U.S.C. 801(a)(1)(A), paragraph because this document does not have an sentence of paragraph (d)(5) to read as follows: § 266.648 [Amended] impact on any rules of particular applicability. ■ 39. Amend § 266.648(c)(4) to remove Subject: In the Matter of Rules for § 266.630 Partial payment of claims. the words ‘‘the Office of General Interstate Inmate Calling Services, WC * * * * * Counsel’’ and add in their place ‘‘HUD’’. (c) * * * Docket No. 12–375, published at 80 FR ■ 40. In § 266.650, revise paragraph (a) (2) * * * The HFA is granted an 79136, December 18, 2015. This notice to read as follows: extension of 30 calendar days from the is published pursuant to § 1.429 of the date of any notification for further § 266.650 Items deducted from total loss. Commission’s rules, 47 CFR 1.429. See action. * * * * * also 47 CFR 1.4(b)(1). (a) All amounts received by the HFA Number of Petitions Filed: 1. (d) Requirements—(1) One partial claim payment. Only one partial claim on account of the mortgage after the date Federal Communications Commission. payment may be made under a contract of default, including any partial Marlene H. Dortch, of insurance. payment of claim paid by HUD in the Secretary. (2) Partial claim payment amount. event a full claim follows a partial [FR Doc. 2016–05014 Filed 3–7–16; 8:45 am] The amount of the partial claim payment of claim; BILLING CODE 6712–01–P payment is limited to 50% of the * * * * * amount of relief provided by the HFA in § 266.654 [Amended] the form of a reduction in principal and DEPARTMENT OF TRANSPORTATION a reduction of delinquent interest due ■ 41. Amend § 266.654(b) to add the on the insured mortgage times the lesser word ‘‘calendar’’ before the word Federal Motor Carrier Safety of HUD’s percentage of the risk of loss ‘‘days’’ in the first sentence. Administration or 50 percent. Dated: February 25, 2016. * * * * * Edward Golding, 49 CFR Parts 350, 365, 385, 386, 387, (4) Partial claim repayment by HFA. Principal Deputy Assistant Secretary for and 395 The HFA must remit to HUD a Housing. [Docket No. FMCSA–2015–0001] percentage of all amounts collected on [FR Doc. 2016–04595 Filed 3–7–16; 8:45 am] the HFA’s second mortgage within 15 BILLING CODE 4210–67–P RIN 2126–AB11 calendar days of receipt by the HFA. Carrier Safety Fitness Determination The applicable percentage is equal to the percentage used in paragraph (d)(2) FEDERAL COMMUNICATIONS AGENCY: Federal Motor Carrier Safety of this section to determine the partial COMMISSION Administration (FMCSA), DOT. claim payment amount. Payments made ACTION: Notice; extension of comment after the 15th day must include a 5 47 CFR Part 64 period and technical correction. percent late charge plus accrued interest [WC Docket No. 12–375; Report 3038] at the Debenture rate. FMCSA extends the public SUMMARY: (5) * * * The HFA must submit a Petition for Reconsideration of Action comment period for the Agency’s notice final certified statement within 30 in a Rulemaking Proceeding of proposed rulemaking (NPRM) that calendar days after the second mortgage published on January 21, 2016. This AGENCY: Federal Communications NPRM concerns the proposals to the is paid in full, foreclosed, or otherwise Commission. terminated. current methodology for issuance of ACTION: Petition for reconsideration. safety fitness determinations (SFD) for § 266.634 [Amended] motor carriers. The Agency extends the SUMMARY: A Petition for Reconsideration ■35. Amend § 266.634(c) by adding the deadline for the submission of initial (Petition) has been filed in the comments to May 23, 2016. Reply word ‘‘calendar’’ immediately before the Commission’s Rulemaking proceeding word ‘‘days’’ in the first sentence. comments will be due on or before June by Michael S. Hamden, on behalf of 23, 2016. In addition, FMCSA corrects § 266.638 [Amended] himself. the title and date of an American ■ 36. Amend § 266.638 to: DATES: Oppositions to the Petition must Transportation Research Institute asabaliauskas on DSK3SPTVN1PROD with PROPOSALS ■ a. Add the word ‘‘calendar’’ be filed on or before March 23, 2016. (ATRI) study report that the NPRM cited immediately before the word ‘‘days’’ in Replies to an opposition must be filed about the Agency’s Safety Measurement the first sentence of paragraph (a); on or before April 4, 2016. System (SMS). ■ b. Remove the word ‘‘five’’ from the ADDRESSES: Federal Communications DATES: FMCSA is extending the initial second sentence of paragraph (b), and Commission, 445 12th Street SW., comment period for the proposed add in its place the number ‘‘5’’; Washington DC 20554. rulemaking published on January 21, ■ c. Remove the words ‘‘five year’’ from FOR FURTHER INFORMATION CONTACT: Gil 2016 (81 FR 3562). You must submit the third sentence of paragraph (b) and Strobel, Wireline Competition Bureau, comments by May 23, 2016, and reply add in their place ‘‘5-year’’. 202–418–7084, Gil.Strobel@fcc.gov. comments on or before June 23, 2016. VerDate Sep<11>2014 16:21 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules 12063 ADDRESSES: You may submit comments If you submit a comment or a reply to better inform its rulemaking process. (initial and reply) identified by the comment, please include the docket DOT posts these comments, without docket number FMCSA–2015–0001 number for this rulemaking (FMCSA– edit, including any personal information using any of the following methods: 2015–0001), indicate the specific the commenter provides, to • Web site: http:// section of this document to which each www.regulations.gov, as described in www.regulations.gov. Follow the comment or reply comment applies, and the system of records notice (DOT/ALL– instructions for submitting comments provide a reason for each suggestion or 14 FDMS), which can be reviewed at on the Federal electronic docket site. recommendation. You may submit your www.dot.gov/privacy. • Fax: 1–202–493–2251. comments, reply comments and • Mail: Docket Services, U.S. material online or by fax, mail, or hand II. Background Department of Transportation, Room delivery, but please use only one of On January 21, 2016 (81 FR 3562), W12–140, 1200 New Jersey Avenue SE., these means. FMCSA recommends that FMCSA published an NPRM to amend Washington, DC 20590–0001. you include your name and a mailing the current methodology for issuance of • Hand Delivery: Ground Floor, Room address, an email address, or a phone SFDs for motor carriers. From February W12–140, DOT Building, 1200 New number in the body of your document 3 to 5, 2016, the American Moving and Jersey Avenue, SE., Washington, DC, so the Agency can contact you if it has Storage Association (AMSA), between 9 a.m. and 5 p.m. Monday questions regarding your submission. Transportation Intermediaries through Friday, except Federal holidays. To submit your comment or reply Association (TIA), and the To avoid duplication, please use only comment online, go to http:// Transportation & Logistics Council, Inc. one of these four methods. See the www.regulations.gov and insert (TL Council) petitioned the Agency for ‘‘Public Participation and Request for ‘‘FMCSA–2015–0001’’ in the ‘‘Search’’ a 60-day extension of the comment Comments’’ portion of the box, and then click the ‘‘Search’’ button period. On February 16, 2016, the SUPPLEMENTARY INFORMATION section to the right of the white box. Click on Owner Operator Independent Drivers below for instructions on submitting the top ‘‘Comment Now’’ box which Association (OOIDA) petitioned the comments. appears next to the document. Fill in Agency for a 90-day extension of the your contact information, as desired and comment period. A copy of the AMSA, FOR FURTHER INFORMATION CONTACT: Mr. your comment or reply comment, David Yessen, (609) 275–2606, TIA, TL Council, and OOIDA petitions uploading documents if appropriate. If are included in the docket referenced at David.Yessen@dot.gov. FMCSA office you submit your comments by mail or hours are from 7:30 a.m. to 4 p.m., the beginning of this document. After hand delivery, submit them in an reviewing the requests, FMCSA has Monday through Friday, except Federal unbound format, no larger than 81⁄2 by holidays. If you have questions on decided to grant a 60-day extension (to 11 inches, suitable for copying and May 23, 2016, for initial comments and viewing or submitting material to the electronic filing. If you submit docket, call Docket Services, telephone to June 23, 2016 for reply comments) to comments or reply comments by mail provide all interested parties adequate 202–366–9826. and would like to know that they SUPPLEMENTARY INFORMATION: time to submit comments on proposals reached the facility, please enclose a in this rulemaking. I. Public Participation and Request for stamped, self-addressed postcard or In addition, Rebecca M. Brewster, Comments envelope. President and Chief Operating Officer of FMCSA will consider all comments, FMCSA encourages you to participate the American Transportation Research reply comments and material received in this rulemaking by submitting Institute (ATRI), informed FMCSA that during the comment period and may comments, reply comments, and related the NPRM incorrectly cited an ATRI change this proposed rule based on your materials. All comments received will study (81 FR 3562, at 3567, third comments. be posted without change to http:// column) on the Agency’s Behavioral www.regulations.gov and will include B. Viewing Comments and Documents Analysis and Safety Improvement any personal information you provide. To view comments, as well as Categories (BASICs) and their documents mentioned in this preamble relationship to crash risk. The study A. Submitting Comments erroneously cited by FMCSA was a as being available in the docket, go to Initial comments may address any http://www.regulations.gov and insert qualitative study of motor carrier, issue raised in the NPRM and the ‘‘FMCSA–2015–0001’’ in the ‘‘Search’’ driver, law enforcement and shipper background documents in the docket box and then click on ‘‘Search.’’ Click survey data. The ATRI study on the (e.g., Regulatory Evaluation, studies). on the ‘‘Open Docket Folder’’ link and BASICs was released in October 2012 Initial comments will be made available all the information for the document, and is titled ‘‘Compliance, Safety, promptly online on http:// and the list of comments will appear Accountability: Analyzing the www.regulations.gov and for public with a link to each one. Click on the Relationship of Scores to Crash Risk.’’ It inspection in room W12–140, DOT comment you would like to read. If you involved an analysis of carriers assessed Building, 1200 New Jersey Avenue SE., do not have access to the Internet, you by BASICs. The results confirmed that Washington, DC, between 9 a.m. and 5 may view the docket online by visiting FMCSA’s Safety Measurement System p.m., Monday through Friday, except the Docket Services in Room W12–140 (SMS) is better at targeting carriers and Federal holidays. In order to allow on the ground floor of the Department identifying safety problems than the asabaliauskas on DSK3SPTVN1PROD with PROPOSALS sufficient opportunity for interested of Transportation West Building, 1200 current SafeStat, the Agency’s previous parties to prepare and submit any reply New Jersey Avenue SE., Washington, intervention prioritization system. In comments, late-filed initial comments DC 20590, between 9 a.m. and 5 p.m., addition, the ATRI study indicated that will not be considered. Reply comments Monday through Friday, except Federal the number of ‘‘alerts’’ a carrier has is must address only matters raised in holidays. the best indicator of future crashes. initial comments and must not be used FMCSA has included the correct to present new arguments, contentions, C. Privacy Act report in the docket for the public’s or factual material that is not responsive In accordance with 5 U.S.C. 553(c), consideration of the Carrier Safety to the initial comments. DOT solicits comments from the public Fitness Determination NPRM. VerDate Sep<11>2014 16:21 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1

12064 Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Proposed Rules Issued on: March 1, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–05151 Filed 3–7–16; 8:45 am] BILLING CODE 4910–EX–P asabaliauskas on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:21 Mar 07, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4702 Sfmt 9990 E:\FR\FM\08MRP1.SGM 08MRP1


Document Created: 2018-02-02 15:09:46
Document Modified: 2018-02-02 15:09:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice; extension of comment period and technical correction.
DatesFMCSA is extending the initial comment period for the proposed rulemaking published on January 21, 2016 (81 FR 3562). You must submit comments by May 23, 2016, and reply comments on or before June 23, 2016.
ContactMr. David Yessen, (609) 275-2606, [email protected] FMCSA office hours are from 7:30 a.m. to 4 p.m., Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, call Docket Services, telephone 202-366-9826.
FR Citation81 FR 12062 
RIN Number2126-AB11
CFR Citation49 CFR 350
49 CFR 365
49 CFR 385
49 CFR 386
49 CFR 387
49 CFR 395
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