81 FR 23351 - Beyond Compliance Program
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 76 (April 20, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 76 (April 20, 2016)
| Page Range | 23351-23354 | |
| FR Document | 2016-09118 |
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)] [Notices] [Pages 23351-23354] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09118] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0124] Beyond Compliance Program AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; request for comment. ----------------------------------------------------------------------- SUMMARY: The Fixing America's Surface Transportation (FAST) Act requires FMCSA to implement a ``Beyond Compliance'' program no later than 18 months after the enactment of the Act. Through this proposed program, the FMCSA Administrator must allow recognition, either through credit recognized by a new Beyond Compliance Behavior Analysis and Safety Improvement Category (BASIC), or an improved Safety Measurement System (SMS) percentile, for a motor carrier that: (1) Installs advanced safety equipment; (2) uses enhanced driver fitness measures; (3) adopts fleet safety management tools, technologies, and programs; or (4) satisfies other standards determined appropriate by the Administrator. The FAST Act also requires that the Agency provide the opportunity for notice and comment on a process for identifying and reviewing 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. This proposed program will not allow relief from regulatory requirements. This notice satisfies that requirement to seek comments on this program. Comments and data received in response to this notice will be used to further develop the Beyond Compliance program. DATES: Comments must be received on or before June 20, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2015-0124 using any of the following methods:Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., 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., ET, Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. FOR FURTHER INFORMATION CONTACT: Ms. Theresa Rowlett, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone (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 an additional notice of program development 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 program policy development 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 Motor Carrier Safety Advisory Committee (MCSAC) Tasking On March 30, 2015, FMCSA tasked the MCSAC with providing recommendations to the Agency 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 Agency specifically asked for the views of the MCSAC on this concept, with any data or analysis to support it with regard to three 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? 3. How would FMCSA verify the voluntary technologies or safety programs were being implemented? The Agency received the MCSAC's letter report on September 21, 2015. The MCSAC noted that the ideas in the report were not based on a full discussion on the merits; rather, these ideas were suggested and supported by a variety of MCSAC members. It was the Committee's intention to provide FMCSA with a broad range of ideas that address the questions the Agency laid out in the Task Statement from the diverse group of stakeholders that constitute the MCSAC membership. Additionally, the MCSAC noted that the inclusion of ideas in this report was not based on a discussion of whether sufficient data exists to support the use of the relevant incentive or on cost/benefit considerations. A copy of the [[Page 23352]] Task Statement and the letter report are included in the docket for this program referenced above. April 2015 Federal Register Notice On April 17, 2015, FMCSA issued a Federal Register notice requesting comment for possible development of a Beyond Compliance program. FMCSA sought responses to the following specific questions and encourages the submission of any other reports or data on this issue. 1. What voluntary technologies or safety program best practices would be appropriate for a Beyond Compliance program? 2. What safety performance metrics should be used to evaluate the success of voluntarily implemented technologies or safety program best practices? 3. What incentives would encourage motor carriers to invest in technologies and best practices programs? a. Credit on appropriate SMS scores (e.g., credit in Driver Fitness for use of an employer notification system)? b. Credit on ISS scores? c. Reduction in roadside inspection frequency? d. Other options? 4. What events should cause the incentives to be removed? a. If safety goals for the carrier are not consistently achieved, what is the benefit to the motoring public? 5. Should this program be developed by the private sector like PrePass, ISO 9000, or Canada's Partners in Compliance (PIC)? 6. How would FMCSA verify that the voluntary technologies or safety programs were being implemented? Forty-four responsive comments were received. The majority of commenters supported the idea of a program that gave recognition for voluntarily exceeding the requirements. However, 13 commenters were vendors with products or programs that could receive additional sales as a result of this program. The United Motorcoach Association (UMA), the Owner Operator and Independent Driver Association (OOIDA) and Dale Chandler indicated that they were opposed to a Beyond Compliance program. Reasons cited included concerns that this type of program would be biased against small motor carriers that could not afford the investment and that this program would take resources away from FMCSA's safety missions. Fixing America's Surface Transportation (FAST) Act In December 2015, Congress passed the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94, 129 Stat. 1312 (Dec. 4, 2015)) which requires FMCSA to implement a ``Beyond Compliance'' program no later than 18 months after the enactment of the Act. Section 5222 specifically requires that FMCSA allow recognition, including credit or an improved SMS percentile, for a motor carrier that: (1) Installs advanced safety equipment; (2) uses enhanced driver fitness measures; (3) adopts fleet safety management tools, technologies, and programs; or (4) satisfies other standards determined appropriate by the Administrator. This section of the FAST Act also prescribes that the Administrator must carry out the program by either incorporating a methodology into the Compliance, Safety, Accountability (CSA) program; or establishing a safety Behavior Analysis Safety Improvement Category (BASIC) in SMS. In developing the Beyond Compliance program, the Agency must develop a process for identifying and reviewing 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. Section 5222 prescribes that this process must provide for a petition process for reviewing advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and seek input and participation from industry stakeholders, including commercial motor vehicle drivers, technology manufacturers, vehicle manufacturers, motor carriers, law enforcement, safety advocates, and the MCSAC. As noted above, the MCSAC was already consulted on this program. This notice seeks comments from other noted parties. In Section 5222(e) of the FAST Act, Congress provided the Administrator with the authority to monitor motor carriers that receive recognition through a no-cost contract. This means that the costs for monitoring this program would be charged to the motor carrier by the third party contractor. FMCSA is currently completing the acquisition planning process required to establish this no-cost contract. FMCSA must maintain a publicly accessible Web site that provides information on--(1) the advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs eligible for recognition; (2) any petitions for review of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards; and (3) any relevant statistics relating to the use of advanced safety equipment, enhanced driver fitness measures, fleet safety management tools, technologies, and programs, and other standards. Section 5222 of the FAST Act requires initiation of the Beyond Compliance Program within 18 months from the date of the Act, and section 5223 of the FAST Act prohibits the display of certain important safety information on the Agency's SMS Web site until the Beyond Compliance program is initiated. Once the program is initiated, and within 3 years after the date of enactment of the FAST Act, FMCSA must submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number of motor carriers receiving recognition and the safety performance of such carriers. Listening Sessions On December 24, 2015 (80 FR 80447), FMCSA announced in the Federal Register that it would be holding two listening sessions on the Beyond Compliance program. The sessions were held on January 12 and 31, 2016, to solicit information on the potential benefits and feasibility of voluntary compliance and ways to credit carriers who initiate and establish programs that promote safety beyond the standards established in FMCSA regulations. The listening sessions were 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 were transcribed and have been placed in the docket referenced above. This input was considered by FMCSA in developing the proposed program described below. Additional listening sessions are being planned for Louisville, KY, and Chicago, IL, on April 1 and 25, 2016, respectively. A separate notice will be published with the times and meeting locations for these listening sessions. Proposed Program Below is a description of FMCSA's proposal for the Beyond Compliance program. The Agency seeks comments and data that will support the development and implementation of this program. Credit Through a Beyond Compliance BASIC FMCSA proposes to create a new BASIC in SMS. The Beyond Compliance [[Page 23353]] BASIC would appear when a motor carrier is approved and participating in the Beyond Compliance program. The Agency proposes this means of acknowledging those programs that exceed regulatory requirements voluntarily for two reasons. First, many commenters to the April 2015 Federal Register notice advised that public recognition of participation in this program would provide value. Those companies with this BASIC would distinguish themselves from other companies when the public display of SMS is reinstated in the future. Second, developing and maintaining a separate BASIC in SMS can be completed within the 18 month timeframe prescribed by the FAST Act, whereas making modifications to the SMS methodology would be more complicated and time consuming, and potentially impact the study of the SMS methodology required by Section 5221 of the FAST Act. In addition, a separate BASIC is easier and more cost effective for the Agency to implement and maintain. This alternative allows FMCSA to only modify the SMS and does not need to tie to data in other systems such as the Motor Carrier Management Information System. FMCSA is specifically seeking comments on this proposal, and the pros and cons of the Beyond Compliance BASIC. Programs Meeting the Requirements of the Beyond Compliance Program The FAST Act prescribes the eligibility for the Beyond Compliance program. As a result, this program is available to a motor carrier that: (1) Installs advanced safety equipment; (2) uses enhanced driver fitness measures; (3) adopts fleet safety management tools, technologies, and programs; or (4) satisfies other standards determined appropriate by the Administrator. FMCSA proposes that technologies that are not currently mandatory, such as Electronic Logging Devices, would be eligible until they are required. Eligibility A motor carrier would be eligible to apply for the Beyond Compliance program if the following criteria were met: 1. The motor carrier did not have a Conditional or Unsatisfactory safety rating; 2. The motor carrier did not have any BASICs over intervention thresholds at the time of the application; 3. The proposed technology or program must be applied to the company's population of vehicles or drivers to adequately achieve the performance goal and improve safety; 4. The motor carrier must be an interstate carrier; and 5. The motor carrier must have graduated from the new entrant monitoring period. Commenters supported establishing this program for companies that are already demonstrating compliance with the Agency's regulations. Specifically, John Boyle, of Boyle Brothers, Inc., noted that FMCSA ``should focus on and reward real world results rather than who can attract technology partners or self-promote the best.'' The Commercial Vehicle Safety Alliance (CVSA) added, ``The purpose of such a program is to recognize motor carriers who go above and beyond the minimum requirements. Releasing participating motor carriers from the minimum requirements is inappropriate and in direct conflict with the purpose of the program. CVSA strongly opposes any effort to do so.'' Advocates for Highway and Auto Safety noted that ``Any program to support voluntary initiatives must, therefore, be predicated on adequate performance standards and documented safety improvement data that ensures the initiatives are actually contributing to highway safety.'' The Owners Operators and Independent Drivers Association opined that ``. . . this proposal is largely being driven by technology firms whose primary interest is financial, and by large carriers who have already adopted technology but have not realized real improvement to their safety scores.'' Petition Submission Process FMCSA proposes that petitions for technologies and safety programs for consideration in a Beyond Compliance would be submitted using an on-line tool to be developed by FMCSA. The on-line petition process would require the motor carrier to provide at least the following information: 1. USDOT number; 2. Company name and doing business as (DBA) names 3. Company official name, title, contact info; 4. Proposed technology or program; 5. Coverage (drivers and/or fleet); 6. Baseline safety information; 7. Expected improvement; 8. Estimated cost; 9. Installation timeframe (past or future); and 10. Self-certification. Baseline safety information would include a statement of the safety gains sought, defined with data. This must be a measurable performance data that can be monitored to determine if improvement has been made. FMCSA specifically requests comments on other data that should be required with the application. It is also anticipated that this online system would allow requestors to submit documentation in support of the request. Documentation to be submitted with a request would include, but is not limited to: 1. Vendor documentation; 2. Training materials; 3. Company policies; 4. Company monitoring plans; and 5. Other proof of implementation. FMCSA specifically requests information on what documentation should be submitted with an application. Petition Review Process As noted above, the FAST Act allows FMCSA to award a no-cost contract to a third party to provide monitoring support for this program. It is expected that this third party would be used to interview applicants and complete validation of the application. The third-party would make recommendations to FMCSA on whether or not applications should be approved. FMCSA would complete review of submitted petitions within 60 days. Applicants would receive a written decision by email. If the application is approved, the motor carrier would see the Beyond Compliance BASIC on its SMS profile. At this point in the process, SMS would show that the motor carrier is ``Deployed.'' If FMCSA does not agree that the application met the requirements of the program, a justification for this decision would be provided so that the motor carrier may adjust the application and resubmit. Mandatory Use Period and Monitoring Within approximately 6 months after the application is approved, the approved program or technology would be evaluated to identify the impacts on the baseline performance measures. This monitoring would be conducted by the third-party contractor. The use of the technology or safety program would be confirmed and if the safety baseline has improved, the Beyond Compliance BASIC would indicate that the motor carrier is ``Improved.'' Recurring Monitoring Recurring monitoring would be conducted by the third party contractor. FMCSA proposes that use of the approved technology or safety program would be validated at least annually. The validation could occur through an on-site review, submission of documentation, self-certification, or [[Page 23354]] another method of evaluation. FMCSA specifically requests comments on other means of validating the sustained use of the approved technology or safety programs. Removal From the Program A motor carrier would be immediately removed from the program if it received a final conditional or unsatisfactory safety rating; was declared an imminent hazard; or received an out of service or revocation order from FMCSA. Additionally, a motor carrier would be removed from the program immediately if it was determined that the approved technology or safety program was not being used or was being used by fewer drivers/vehicles than approved. A motor carrier would be provided a warning if an alert(s) exceeded the intervention threshold or did not maintain performance above the performance baseline specified in its application. If the SMS measure or the performance did not improve within 6 months, the motor carrier would be removed from the program. SMS Display FMCSA will design the change to SMS to show a Beyond Compliance BASIC. Information on the Beyond Compliance BASIC detail page would explains that this BASIC exists for carriers that have applied to this program and been approved. The detail page would also include a brief explanation of the technology or program and would show if the program is ``Deployed'' or ``Improved.'' Cost As noted above, FMCSA has the authority to contract for a no-cost contract to provide monitoring services for this program. This means that the costs of the work performed by this third party would be paid by the motor carrier. For the monitoring that would be conducted as part of the application process, FMCSA estimates that this would take, on average, five hours per carrier. However, it is acknowledged that some programs or technologies will requires significantly more resources to monitor. At a wage that is commensurate with a GS-13 Management Analyst in the Washington, DC, area, this would equate to $44.15 per hour or $220. It is expected that the six month validation would be two hours, or $88, and the annual review would take two additional hours, or an additional $88 per year. Assuming a carrier is in the program for five years, FMCSA estimates that the fee would be approximately $750 per motor carrier. This would be the expected cost for a program implemented on a small number of vehicles and/or drivers. It is expected that the costs would be tiered so that larger programs requiring more monitoring would incur a higher cost. FMCSA specifically seeks data and cost information to determine the appropriate range of fees to be paid by the motor carrier under the no-cost contract. Issued on: April 13, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-09118 Filed 4-19-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices 23351
Issued on: April 13, 2016. Avenue SE., Washington, DC 20590– button and choose the document to
Larry W. Minor, 0001. review. If you do not have access to the
Associate Administrator for Policy. • Hand Delivery or Courier: West Internet, you may view the docket
[FR Doc. 2016–09116 Filed 4–19–16; 8:45 am] Building Ground Floor, Room W12–140, online by visiting the Docket
BILLING CODE 4910–EX–P
1200 New Jersey Avenue SE., Management Facility in Room W12–140
Washington, DC, between 9 a.m. and 5 on the ground floor of the DOT West
p.m., ET, Monday through Friday, Building, 1200 New Jersey Avenue SE.,
DEPARTMENT OF TRANSPORTATION except Federal Holidays. Washington, DC 20590, between 9 a.m.
• Fax: 1–202–493–2251. and 5 p.m., E.T., Monday through
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. Friday, except Federal holidays.
Administration Theresa Rowlett, 1200 New Jersey Privacy Act
[Docket No. FMCSA–2015–0124] Avenue SE., Washington, DC 20590,
Telephone (202) 366–6406, In accordance with 5 U.S.C. 553(c),
Beyond Compliance Program theresa.rowlett@dot.gov. DOT solicits comments from the public
to better inform its program policy
SUPPLEMENTARY INFORMATION:
AGENCY: Federal Motor Carrier Safety development process. DOT posts these
Administration (FMCSA), DOT. Submitting Comments comments, without edit, including any
ACTION: Notice; request for comment. If you submit a comment, please personal information the commenter
include the docket number for this provides, to www.regulations.gov, as
SUMMARY: The Fixing America’s Surface described in the system of records
notice (FMCSA–2015–0124), indicate
Transportation (FAST) Act requires notice (DOT/ALL–14 FDMS), which can
the specific section of this document to
FMCSA to implement a ‘‘Beyond be reviewed at www.dot.gov/privacy.
which each comment applies, and
Compliance’’ program no later than 18
provide a reason for each suggestion or Background
months after the enactment of the Act.
recommendation. You may submit your
Through this proposed program, the Motor Carrier Safety Advisory
comments and material online or by fax,
FMCSA Administrator must allow Committee (MCSAC) Tasking
mail, or hand delivery, but please use
recognition, either through credit
only one of these means. FMCSA On March 30, 2015, FMCSA tasked
recognized by a new Beyond
recommends that you include your the MCSAC with providing
Compliance Behavior Analysis and
name and a mailing address, an email recommendations to the Agency on the
Safety Improvement Category (BASIC),
address, or a phone number in the body potential benefits and feasibility of
or an improved Safety Measurement
of your document so that FMCSA can voluntary compliance and ways to
System (SMS) percentile, for a motor
contact you if there are questions credit carriers and drivers who initiate
carrier that: (1) Installs advanced safety
regarding your submission. and establish programs that promote
equipment; (2) uses enhanced driver
To submit your comment online, go to safety beyond the standards established
fitness measures; (3) adopts fleet safety
http://www.regulations.gov, put the in FMCSA regulations. The Agency
management tools, technologies, and
docket number, FMCSA–2015–0124, in specifically asked for the views of the
programs; or (4) satisfies other standards
the keyword box, and click ‘‘Search.’’ MCSAC on this concept, with any data
determined appropriate by the
When the new screen appears, click on or analysis to support it with regard to
Administrator. The FAST Act also
the ‘‘Comment Now!’’ button and type three basic areas:
requires that the Agency provide the 1. What voluntary technologies or
your comment into the text box on the
opportunity for notice and comment on safety program best practices would be
following screen. Choose whether you
a process for identifying and reviewing appropriate for beyond compliance?
are submitting your comment as an
advanced safety equipment, enhanced 2. What type of incentives would
individual or on behalf of a third party
driver fitness measures, fleet safety encourage motor carriers to invest in
and then submit.
management tools, technologies, and technologies and best practices
If you submit your comments by mail
programs, and other standards for use programs?
or hand delivery, submit them in an
by motor carriers to receive recognition. 3. How would FMCSA verify the
unbound format, no larger than 81⁄2 by
This proposed program will not allow voluntary technologies or safety
11 inches, suitable for copying and
relief from regulatory requirements. programs were being implemented?
electronic filing. If you submit
This notice satisfies that requirement to The Agency received the MCSAC’s
comments by mail and would like to
seek comments on this program. letter report on September 21, 2015. The
know that they reached the facility,
Comments and data received in MCSAC noted that the ideas in the
please enclose a stamped, self-addressed
response to this notice will be used to report were not based on a full
postcard or envelope.
further develop the Beyond Compliance discussion on the merits; rather, these
We will consider all comments and
program. ideas were suggested and supported by
material received during the comment
DATES: Comments must be received on period and may draft an additional a variety of MCSAC members. It was the
or before June 20, 2016. notice of program development based Committee’s intention to provide
ADDRESSES: You may submit comments on your comments and other FMCSA with a broad range of ideas that
bearing the Federal Docket Management information and analysis. address the questions the Agency laid
System (FDMS) Docket No. FMCSA– out in the Task Statement from the
2015–0124 using any of the following Viewing Comments and Documents diverse group of stakeholders that
Lhorne on DSK5TPTVN1PROD with NOTICES
methods: To view comments, as well as any constitute the MCSAC membership.
• Federal eRulemaking Portal: Go to documents mentioned in this preamble Additionally, the MCSAC noted that the
www.regulations.gov. Follow the on-line as being available in the docket, go to inclusion of ideas in this report was not
instructions for submitting comments. http://www.regulations.gov. Insert the based on a discussion of whether
• Mail: Docket Management Facility; docket number, FMCSA–2015–0124, in sufficient data exists to support the use
U.S. Department of Transportation, the keyword box, and click ‘‘Search.’’ of the relevant incentive or on cost/
Room W12–140, 1200 New Jersey Next, click the ‘‘Open Docket Folder’’ benefit considerations. A copy of the
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![23354 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices
another method of evaluation. FMCSA This would be the expected cost for a Administration, U.S. Department of
specifically requests comments on other program implemented on a small Transportation, 1200 New Jersey
means of validating the sustained use of number of vehicles and/or drivers. It is Avenue SE., Washington, DC 20590.
the approved technology or safety expected that the costs would be tiered Phone (202) 366–0073; Email
programs. so that larger programs requiring more kenneth.rodgers@dot.gov.
Removal From the Program monitoring would incur a higher cost. SUPPLEMENTARY INFORMATION:
FMCSA specifically seeks data and cost
A motor carrier would be immediately information to determine the I. Background
removed from the program if it received appropriate range of fees to be paid by FAST Act
a final conditional or unsatisfactory the motor carrier under the no-cost
safety rating; was declared an imminent Section 5503 of the FAST Act (Pub. L.
contract.
hazard; or received an out of service or 114–94) (December 4, 2015) requires the
Issued on: April 13, 2016. Working Group to provide
revocation order from FMCSA.
Additionally, a motor carrier would be T.F. Scott Darling, III, recommendations to the Secretary of
removed from the program immediately Acting Administrator. Transportation, through the FMCSA
if it was determined that the approved [FR Doc. 2016–09118 Filed 4–19–16; 8:45 am] Administrator. The Working Group will
technology or safety program was not BILLING CODE 4910–EX–P operate in accordance with the Federal
being used or was being used by fewer Advisory Committee Act (FACA, 5
drivers/vehicles than approved. U.S.C. App 2).
A motor carrier would be provided a DEPARTMENT OF TRANSPORTATION As required by Section 5503 of the
warning if an alert(s) exceeded the FAST Act, the Working Group will
intervention threshold or did not Federal Motor Carrier Safety make recommendations in three areas
maintain performance above the Administration relating to ‘‘how to best convey to
performance baseline specified in its [Docket No. FMCSA–2016–0116] consumers relevant information with
application. If the SMS measure or the respect to the Federal laws concerning
performance did not improve within 6 Household Goods Consumer the interstate transportation of
months, the motor carrier would be Protection Working Group: household goods by motor carrier.’’
removed from the program. Membership Solicitation Those areas are:
1. How to condense the FMCSA
SMS Display AGENCY: Federal Motor Carrier Safety ‘‘Ready to Move ?’’ moving tips
Administration (FMCSA), DOT. document published in April 2006
FMCSA will design the change to
SMS to show a Beyond Compliance ACTION: Notice, request for applications (FMCSA–ESA–03–005) into a more
BASIC. Information on the Beyond and nominations to the Household consumer friendly format;
Compliance BASIC detail page would Goods Consumer Protection Working 2. How best to use state-of-the-art
explains that this BASIC exists for Group. education techniques and technologies
carriers that have applied to this SUMMARY: FMCSA announces its intent for conveying relevant information with
program and been approved. The detail to establish the Household Goods (HHG) respect to Federal statutes and
page would also include a brief Consumer Protection Working Group regulations concerning the interstate
explanation of the technology or (Working Group). The Fixing America’s transportation of HHG (including how
program and would show if the program Surface Transportation (FAST) Act to optimize use of the Internet as an
is ‘‘Deployed’’ or ‘‘Improved.’’ requires FMCSA to establish this educational tool); and
Working Group to provide 3. How to reduce and simplify the
Cost paperwork required of motor carriers
recommendations on how to better
As noted above, FMCSA has the and shippers in interstate
educate and protect HHG moving
authority to contract for a no-cost transportation.
customers (consumers) during an
contract to provide monitoring services Section 5503 also mandates that the
interstate HHG move. FMCSA solicits
for this program. This means that the Secretary of Transportation appoint a
applications and nominations of
costs of the work performed by this Working Group that is comprised of (i)
interested persons to serve on the
third party would be paid by the motor individuals with expertise in consumer
Working Group. As required by the
carrier. For the monitoring that would affairs; (ii) educators with expertise in
FAST Act, the Working Group must be
be conducted as part of the application how people learn most effectively; and
composed of individuals with expertise
process, FMCSA estimates that this (iii) representatives of the FMCSA
in consumer affairs, educators with
would take, on average, five hours per regulated interstate HHG moving
expertise in how people learn most
carrier. However, it is acknowledged industry.
effectively, and representatives of the
that some programs or technologies will The working group will terminate one
interstate HHG moving industry. The
requires significantly more resources to year after the date its recommendations
FAST Act mandates that the Working
monitor. At a wage that is are submitted to the Secretary of
Group make its recommendations and
commensurate with a GS–13 Transportation.
the U.S. Department of Transportation
Management Analyst in the
(DOT) publish them no later than II. Member and Meeting Information
Washington, DC, area, this would equate
December 4, 2016. If members are appointed from the
to $44.15 per hour or $220.
It is expected that the six month DATES: Applications/Nominations for private sector, they will serve without
the Working Group must be received
Lhorne on DSK5TPTVN1PROD with NOTICES
validation would be two hours, or $88, pay, but the FMCSA Administrator may
and the annual review would take two electronically on or before May 20, allow a member, when attending
additional hours, or an additional $88 2016. Working Group meetings (or sub-group
per year. Assuming a carrier is in the FOR FURTHER INFORMATION CONTACT: meetings of such group), to be
program for five years, FMCSA Kenneth Rodgers, Chief, Commercial reimbursed for expenses authorized
estimates that the fee would be Enforcement and Investigations under Section 5703 of Title 5, United
approximately $750 per motor carrier. Division, Federal Motor Carrier Safety States Code and the Federal Travel
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Document Created: 2016-04-20 01:51:28
Document Modified: 2016-04-20 01:51:28
| 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; request for comment. | |
| Dates | Comments must be received on or before June 20, 2016. | |
| Contact | Ms. Theresa Rowlett, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone (202) 366-6406, [email protected] | |
| FR Citation | 81 FR 23351 |
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