81 FR 14206 - Potential Benefits and Feasibility of Voluntary Compliance; Public Listening Sessions
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 51 (March 16, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 51 (March 16, 2016)
| Page Range | 14206-14208 | |
| FR Document | 2016-05928 |
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)] [Notices] [Pages 14206-14208] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05928] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-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; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces two public listening sessions, on April 1 and 25, 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 comments 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: This docket will remain open indefinitely. The listening sessions will be held on Friday, April 1, 2016, from 10:00 a.m. to Noon and 1:15 p.m. to 3 p.m., Local Time, and on Monday, April 25, 2016, from 9:30 a.m. to 11:30 a.m. and 1:30 p.m. to 3:30 p.m., Local Time. If all interested parties have had the opportunity to comment, the sessions may conclude early. ADDRESSES: The April 1, 2016, listening session will be held at the Mid-America Trucking Show at the Kentucky Expo Center, 938 Phillips Lane, Louisville, KY. The April 25, 2016, session will be held at the Commercial Vehicle Safety Alliance Spring 2016 Workshop at the Sheraton Grand Chicago, 301 East North Water Street, Chicago, IL. In addition to attending the session in person, the Agency offers several ways to provide comments, as described 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/calendar in advance of the listening session. You may submit comments identified by Docket Number FMCSA-2015-0124 using any of the following methods: [[Page 14207]]Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., West Building, Ground Floor, 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. FOR FURTHER INFORMATION CONTACT: For information about the listening sessions: 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 Friday, March 18, 2016, to allow us to arrange for such services. FMCSA cannot guarantee that interpreter services requested on short notice will be provided. For other information about the Beyond Compliance program: Ms. Theresa Rowlett, (202) 366-6406, [email protected]. 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. 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, https://www.fmcsa.dot.gov/mcsac. 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/2015-09463.pdf or https://www.fmcsa.dot.gov/regulations/notices/2015-09463. --------------------------------------------------------------------------- Section 5222 of the recently enacted the Fixing America's Surface Transportation Act (Pub. L. 114-94, Dec. 4, 2015, 129 Stat. 1312) (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 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. FMCSA held similar listening sessions on January 12, 2016, at the American Bus Association's (ABA) Marketplace in Louisville, Kentucky, and on January 31, 2016, at the United Motorcoach Association (UMA) Expo 2016 in Atlanta, Georgia. 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 docket referenced at the beginning of this notice. [[Page 14208]] Those participating in the webcast will have the opportunity to submit comments online that will be read aloud at the session along with those comments made in the meeting rooms in Louisville and Chicago. FMCSA will docket the transcripts of the webcast, a separate transcription of each listening session prepared by an official court reporter, and all other materials submitted to FMCSA personnel. 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. Issued on: March 10, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-05928 Filed 3-15-16; 8:45 am] BILLING CODE 4910-EX-P
![14206 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
him in 2015 and certified that he does IV. Submitting Comments SUMMARY: FMCSA announces two
not have diabetic retinopathy. He holds You may submit your comments and public listening sessions, on April 1 and
a Class A CDL from New York. material online or by fax, mail, or hand 25, 2016, to solicit information on the
delivery, but please use only one of potential benefits and feasibility of
III. Request for Comments
these means. FMCSA recommends that voluntary compliance and ways to
In accordance with 49 U.S.C. 31136(e) you include your name and a mailing credit carriers and drivers who initiate
and 31315, FMCSA requests public address, an email address, or a phone and establish programs that promote
comment from all interested persons on number in the body of your document safety beyond the standards established
the exemption petitions described in so that FMCSA can contact you if there in FMCSA regulations. The recently
this notice. We will consider all are questions regarding your enacted Fixing America’s Surface
comments received before the close of submission. Transportation (FAST) Act mandates
business on the closing date indicated To submit your comment online, go to that the FMCSA Administrator allow
in the date section of the notice. http://www.regulations.gov and in the recognition for a motor carrier that
FMCSA notes that section 4129 of the search box insert the docket number installs advanced safety equipment,
Safe, Accountable, Flexible and FMCSA–2015–0343 and click the search enhanced driver fitness measures, fleet
Efficient Transportation Equity Act: A button. When the new screen appears, safety management tools, technologies,
Legacy for Users requires the Secretary click on the blue ‘‘Comment Now!’’ and programs and other standards for
to revise its diabetes exemption program button on the right hand side of the use by motor carriers to receive
established on September 3, 2003 (68 FR page. On the new page, enter recognition, including credit or an
52441).1 The revision must provide for information required including the improved Safety Measurement System
individual assessment of drivers with specific section of this document to (SMS) percentile. FMCSA is soliciting
diabetes mellitus, and be consistent which each comment applies, and comments to develop a process for
with the criteria described in section provide a reason for each suggestion or identifying and reviewing these
4018 of the Transportation Equity Act recommendation. If you submit your opportunities to provide credit to those
for the 21st Century (49 U.S.C. 31305). comments by mail or hand delivery, carriers and drivers who go above and
Section 4129 requires: (1) Elimination submit them in an unbound format, no beyond the regulatory requirements.
of the requirement for 3 years of larger than 81⁄2 by 11 inches, suitable for The listening sessions are intended to
experience operating CMVs while being copying and electronic filing. If you provide interested parties with an
treated with insulin; and (2) submit comments by mail and would opportunity to share their views on this
establishment of a specified minimum like to know that they reached the topic with Agency representatives,
period of insulin use to demonstrate facility, please enclose a stamped, self- along with any data or analysis they
addressed postcard or envelope. may have. All comments will be
stable control of diabetes before being
We will consider all comments and transcribed and placed in the docket
allowed to operate a CMV.
material received during the comment referenced above for FMCSA’s
In response to section 4129, FMCSA period. FMCSA may issue a final consideration. The entire proceedings of
made immediate revisions to the determination at any time after the close both meetings will be webcast.
diabetes exemption program established of the comment period. DATES: This docket will remain open
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year V. Viewing Comments and Documents indefinitely.
The listening sessions will be held on
driving experience and fulfilled the To view comments, as well as any
Friday, April 1, 2016, from 10:00 a.m. to
requirements of section 4129 while documents mentioned in this preamble,
Noon and 1:15 p.m. to 3 p.m., Local
continuing to ensure that operation of go to http://www.regulations.gov and in
Time, and on Monday, April 25, 2016,
CMVs by drivers with ITDM will the search box insert the docket number
from 9:30 a.m. to 11:30 a.m. and 1:30
achieve the requisite level of safety FMCSA–2015–0343 and click ‘‘Search.’’
p.m. to 3:30 p.m., Local Time. If all
required of all exemptions granted Next, click ‘‘Open Docket Folder’’ and
interested parties have had the
under 49 U.S.C.. 31136 (e). you will find all documents and
opportunity to comment, the sessions
Section 4129(d) also directed FMCSA comments related to this notice.
may conclude early.
to ensure that drivers of CMVs with Issued on: March 10, 2016. ADDRESSES: The April 1, 2016, listening
ITDM are not held to a higher standard Larry W. Minor, session will be held at the Mid-America
than other drivers, with the exception of Associate Administrator for Policy. Trucking Show at the Kentucky Expo
limited operating, monitoring and [FR Doc. 2016–05897 Filed 3–15–16; 8:45 am] Center, 938 Phillips Lane, Louisville,
medical requirements that are deemed
BILLING CODE 4910–EX–P KY. The April 25, 2016, session will be
medically necessary.
held at the Commercial Vehicle Safety
The FMCSA concluded that all of the Alliance Spring 2016 Workshop at the
operating, monitoring and medical DEPARTMENT OF TRANSPORTATION Sheraton Grand Chicago, 301 East North
requirements set out in the September 3, Water Street, Chicago, IL. In addition to
2003 notice, except as modified, were in Federal Motor Carrier Safety attending the session in person, the
compliance with section 4129(d). Administration Agency offers several ways to provide
Therefore, all of the requirements set [Docket No. FMCSA–2015–0124] comments, as described below.
out in the September 3, 2003 notice, Internet Address for Live Webcast.
except as modified by the notice in the Potential Benefits and Feasibility of
mstockstill on DSK4VPTVN1PROD with NOTICES
FMCSA will post specific information
Federal Register on November 8, 2005 Voluntary Compliance; Public on how to participate via the Internet on
(70 FR 67777), remain in effect. Listening Sessions the FMCSA Web site at
AGENCY: Federal Motor Carrier Safety www.fmcsa.dot.gov/calendar in advance
1 Section 4129(a) refers to the 2003 notice as a
Administration (FMCSA), DOT. of the listening session.
‘‘final rule.’’ However, the 2003 notice did not issue
You may submit comments identified
a ‘‘final rule’’ but did establish the procedures and ACTION: Notice of public listening
standards for issuing exemptions for drivers with by Docket Number FMCSA–2015–0124
sessions; request for comments.
ITDM. using any of the following methods:
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![14208 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
Those participating in the webcast fireworks shows celebrating comments, without edit, including any
will have the opportunity to submit Independence Day during the proposed personal information the commenter
comments online that will be read aloud periods. During these periods, the CMV provides, to www.regulations.gov, as
at the session along with those drivers employed by the applicants described in the system of records
comments made in the meeting rooms would be allowed to exclude off-duty notice (DOT/ALL–14 FDMS), which can
in Louisville and Chicago. FMCSA will and sleeper-berth time of any length be reviewed at www.dot.gov/privacy.
docket the transcripts of the webcast, a from the calculation of the 14 hours. FOR FURTHER INFORMATION CONTACT: For
separate transcription of each listening These drivers would not be allowed to information concerning this notice,
session prepared by an official court drive after accumulating a total of 14 contact Ms. Pearlie Robinson, FMCSA
reporter, and all other materials hours of on-duty time, following 10 Driver and Carrier Operations Division;
submitted to FMCSA personnel. consecutive hours off duty, and would Office of Carrier, Driver and Vehicle
FMCSA would like to know the views continue to be subject to the 11-hour Safety Standards; Telephone: 202–366–
of the public on the concept, with any driving time limit, and the 60- and 70- 4325. Email: MCPSD@dot.gov. If you
data or analysis to support it, with hour on-duty limits. The applicants have questions on viewing or submitting
regard to 3 basic areas: (1) What maintain that the terms and conditions material to the docket, contact Docket
voluntary technologies or safety of the limited exemption would ensure Services, telephone (202) 366–9826.
program best practices would be a level of safety equivalent to or greater SUPPLEMENTARY INFORMATION:
appropriate for beyond compliance; (2) than the level of safety achieved without
What type of incentives would the exemption. I. Public Participation and Request for
encourage motor carriers to invest in Comments
DATES: Comments must be received on
technologies and best practices or before April 15, 2016. FMCSA encourages you to participate
programs; and (3) How FMCSA would by submitting comments and related
ADDRESSES: You may submit comments
verify that the voluntary technologies or materials.
bearing the Federal Docket Management
safety programs are being implemented. System (FDMS) Docket ID FMCSA– Submitting Comments
Issued on: March 10, 2016. 2014–0111 using any of the following If you submit a comment, please
Larry W. Minor, methods: include the docket number for this
Associate Administrator for Policy. • Federal eRulemaking Portal: notice (FMCSA–2014–0111), indicate
[FR Doc. 2016–05928 Filed 3–15–16; 8:45 am] www.regulations.gov. Follow the online the specific section of this document to
BILLING CODE 4910–EX–P
instructions for submitting comments. which the comment applies, and
• Mail: Docket Management Facility, provide a reason for suggestions or
U.S. Department of Transportation, 1200 recommendations. You may submit
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., West Building, your comments and material online or
Ground Floor, Room W12–140, by fax, mail, or hand delivery, but
Federal Motor Carrier Safety Washington, DC 20590–0001. please use only one of these means.
Administration • Hand Delivery or Courier: West FMCSA recommends that you include
Building, Ground Floor, Room W12– your name and a mailing address, an
[Docket No. FMCSA–2014–0111]
140, 1200 New Jersey Avenue SE., email address, or a phone number in the
Hours of Service of Drivers: between 9 a.m. and 5 p.m., Monday body of your document so the Agency
Application for Renewal of Illumination through Friday, except Federal holidays. can contact you if it has questions
Fireworks, LLC and ACE Pyro, LLC • Fax: 1–202–493–2251. regarding your submission.
Exemptions From the 14-Hour Rule Each submission must include the To submit your comment online, go to
During Independence Day Celebrations Agency name and the docket number for www.regulations.gov and put the docket
this notice. Note that DOT posts all number, ‘‘FMCSA–2014–0111’’ in the
AGENCY: Federal Motor Carrier Safety comments received without change to ‘‘Keyword’’ box, and click ‘‘Search.’’
Administration (FMCSA), DOT. www.regulations.gov, including any When the new screen appears, click on
ACTION: Notice of applications for personal information included in a ‘‘Comment Now!’’ button and type your
renewal of exemption; request for comment. Please see the Privacy Act comment into the text box in the
comments. heading below. following screen. Choose whether you
Docket: For access to the docket to are submitting your comment as an
SUMMARY: FMCSA announces that it has read background documents or individual or on behalf of a third party
received an application from comments, go to www.regulations.gov at and then submit. If you submit your
Illumination Fireworks, LLC and ACE any time or visit Room W12–140 on the comments by mail or hand delivery,
Pyro, LLC (applicants) for a renewal of ground level of the West Building, 1200 submit them in an unbound format, no
their exemption from the requirement New Jersey Avenue SE., Washington, larger than 81⁄2 by 11 inches, suitable for
that drivers of commercial motor DC, between 9 a.m. and 5 p.m., ET, copying and electronic filing. If you
vehicles (CMVs) must not drive Monday through Friday, except Federal submit comments by mail and would
following the 14th hour after coming on holidays. The on-line FDMS is available like to know that they reached the
duty. The applicants requested the 24 hours each day, 365 days each year. facility, please enclose a stamped, self-
exemption for the period of June 28– If you want acknowledgment that we addressed postcard or envelope. FMCSA
July 8, for the next five years (2016– received your comments, please include will consider all comments and material
mstockstill on DSK4VPTVN1PROD with NOTICES
2020) inclusive. The applicants were a self-addressed, stamped envelope or received during the comment period
previously granted an exemption for postcard or print the acknowledgement and may grant or not grant this
drivers of 50 CMVs during the page that appears after submitting application based on your comments.
Independence Day period of June 28, comments on-line.
2015–July 8, 2015. The exemption Privacy Act: In accordance with 5 Viewing Comments and Documents
would apply solely to the operation of U.S.C. 553(c), DOT solicits comments To view comments, as well as
drivers of 50 CMVs employed by the from the public to better inform its documents mentioned in this preamble
applicants in conjunction with staging rulemaking process. DOT posts these as being available in the docket, go to
VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/81_FR_14257/page/3.svg)
Document Created: 2016-03-15 23:44:34
Document Modified: 2016-03-15 23:44:34
| 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; request for comments. | |
| Dates | This docket will remain open indefinitely. | |
| Contact | For information about the listening sessions: 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 | 81 FR 14206 |
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