81 FR 45210 - Crash Preventability Program

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range		45210-45213
FR Document		2016-16426

On January 23, 2015, FMCSA announced the results of the Agency's study on the feasibility of using a motor carrier's role in crashes in the assessment of the company's safety. This study assessed: Whether police accident reports (PARs) provide sufficient, consistent, and reliable information to support crash-weighting determinations; whether a crash-weighting determination process would offer an even stronger predictor of crash risk than overall crash involvement and how crash weighting would be implemented in the Agency's Safety Measurement System (SMS); and how FMCSA might manage a process for making crash- weighting determinations, including the acceptance of public input. Based on the feedback received in response to the January 23, 2015, Federal Register notice, FMCSA announced in a separate notice elsewhere in today's Federal Register that it conducted additional analysis in response to comments received. However, in this notice, FMCSA is proposing to develop and implement a demonstration program to determine the efficacy of a program to conduct preventability determinations on certain types of crashes that generally are less complex. This notice provides FMCSA's proposal for a demonstration program and seeks additional comment.

Federal Register, Volume 81 Issue 133 (Tuesday, July 12, 2016)

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45210-45213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16426]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0177]


Crash Preventability Program

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

ACTION: Notice; request for public comment.

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SUMMARY: On January 23, 2015, FMCSA announced the results of the 
Agency's study on the feasibility of using a motor carrier's role in 
crashes in the assessment of the company's safety. This study assessed: 
Whether police accident reports (PARs) provide sufficient, consistent, 
and reliable information to support crash-weighting determinations; 
whether a crash-weighting determination process would offer an even 
stronger predictor of crash risk than overall crash involvement and how 
crash weighting would be implemented in the Agency's Safety Measurement 
System (SMS); and how FMCSA might manage a process for making crash-
weighting determinations, including the acceptance of public input.
    Based on the feedback received in response to the January 23, 2015, 
Federal Register notice, FMCSA announced in a separate notice elsewhere 
in today's Federal Register that it conducted additional analysis in 
response to comments received. However, in this notice, FMCSA is 
proposing to develop and implement a demonstration program to determine 
the efficacy of a program to conduct preventability determinations on 
certain types of crashes that generally are less complex. This notice 
provides FMCSA's proposal for a demonstration program and seeks 
additional comment.

DATES: Comments must be received on or before September 12, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2014-0177 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, 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

[[Page 45211]]

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.
    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 on-line 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 on-line.
    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.

FOR FURTHER INFORMATION CONTACT: For information contact Mr. Catterson 
Oh, Compliance Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 202-366-
6160 or by email: [email protected]. If you have questions on 
viewing or submitting material to the docket, contact Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTAL INFORMATION

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2014-0177), 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 the Agency can contact you if it has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number, ``FMCSA-2014-0177'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in 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.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice 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 the docket number, ``FMCSA-2014-0177'' in the ``Keyword'' box 
and click ``Search.'' Next, click ``Open Docket Folder'' button and 
choose the document listed 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., Monday through Friday, except Federal holidays.

II. Background

    The Compliance, Safety, Accountability (CSA) program is FMCSA's 
enforcement model that allows the Agency and its State partners to 
identify and address motor carrier safety problems before crashes 
occur. The Agency's SMS quantifies the on-road safety performance of 
motor carriers to prioritize enforcement resources. FMCSA first 
announced the implementation of the SMS in the Federal Register on 
April 9, 2010 (75 FR 18256) (Docket No. FMCSA-2004-18898). Violations 
are sorted into Behavior Analysis and Safety Improvement Categories 
(BASICs), which include a Crash Indicator BASIC.
    Since its implementation in 2010, the SMS has used recordable-crash 
records involving commercial motor vehicles (CMVs) that are submitted 
by the States through the Agency's Motor Carrier Management Information 
System (MCMIS), in addition to safety performance in other BASICs, to 
assess motor carriers' crash histories and prioritize carriers for 
safety interventions. The Agency uses the definition of ``accident'' in 
49 CFR 390.5.
    The crash data reported to FMCSA by the States does not specify a 
motor carrier's role in the crash or whether the crash was preventable. 
The Crash Indicator BASIC weights crashes based on crash severity, with 
more weight given to fatality and injury crashes than those that 
resulted in a vehicle towed from the scene with no injuries or 
fatalities. While the public SMS Web site provides information on the 
recordable crashes of motor carriers, the Crash Indicator BASIC 
percentiles created by the system have never been publicly available. 
The Crash Indicator BASIC percentiles are available only to motor 
carriers who log in to view their own data, as well as to Agency and 
law enforcement users.
    Research on this issue conducted by FMCSA, as well as independent 
organizations, has demonstrated that crash involvement, regardless of 
role in the crash, is a strong indicator of future crash risk. FMCSA's 
recently completed SMS Effectiveness Test shows that, as a group, motor 
carriers with high percentiles in the Crash Indicator BASIC have crash 
rates that are 85 percent higher than the national average. (https://csa.fmcsa.dot.gov/Documents/CSMS_Effectiveness_Test_Final_Report.pdf). 
This document and related reports are available in the docket of this 
notice.
    Because the Crash Indicator BASIC includes all crashes--without 
regard to the preventability of the crash, stakeholders have expressed 
concern that it may not identify the highest-risk motor carriers for 
interventions. In addition, some industry representatives have advised 
that, while the Crash Indicator BASIC percentile is not publicly 
available, some customers are requiring motor carriers to disclose this 
information before committing to a contract.
    To identify a methodology and process for conducting preventability 
reviews, FMCSA completed a study on the feasibility of using a motor 
carrier's role in crashes as an indicator of future crash risk. The 
analysis focused only on three broad questions addressing the 
procedural issues surrounding a crash-weighting program and the 
feasibility of implementing such a program; it did not

[[Page 45212]]

focus on any other implications of the program.
    The three questions were individually designed and analyzed to 
inform Agency decisions.
    1. Do Police Accident Reports (PARs) provide sufficient, 
consistent, and reliable information to support crash-weighting 
determinations?
    2. Would a crash-weighting determination process offer an even 
stronger predictor of crash risk than overall crash involvement, and 
how would crash weighting be implemented in the SMS?
    3. Depending upon the analysis results for the questions above, how 
might FMCSA manage the process for making crash-weighting 
determinations, including public input to the process?
    The Agency's research plan was posted on the Agency's Web site on 
July 23, 2012, at http://csa.fmcsa.dot.gov/documents/CrashWeightingResearchPlan_7-2012.pdf. The resulting report is titled 
``Crash Weighting Analysis''; it is in the docket associated with this 
notice. The draft research was peer reviewed, and the peer review 
recommendations are also in the docket.
    The comments to the January 23, 2015, Federal Register notice 
focused on methodology changes needed in SMS, and the preventability 
determination process.
    Elsewhere in today's Federal Register, FMCSA responds to the 
comments and provides the results of additional analysis on removing 
tow-away crashes, removing the extra weighting for fatal and injury 
crashes, and using a higher minimum number of crashes for data 
sufficiency purposes. Additionally, FMCSA advised that it would publish 
a separate Federal Register notice seeking comments and input on a 
demonstration program to make preventability determinations on some 
specific types of crashes. This notice fulfills that commitment.

III. Proposal for Demonstration Program

A. Types of Crashes

    In response to FMCSA's January 23, 2015, Federal Register notice, 
the American Trucking Associations (ATA) provided a list of certain 
types of non-preventable crashes and suggested that FMCSA establish a 
process by which documents could be submitted on these crashes and they 
could be removed from the motor carriers' records. Additionally, ATA 
recommended that FMCSA consider a crash non-preventable when an 
individual commits suicide or vehicles are incapacitated by animals. 
FMCSA considered this list and, as a result, proposes that on an 
effective date to be named in a future Federal Register notice, the 
Agency would begin a demonstration program under which it would accept 
requests for data review (RDRs) that seek to establish the non-
preventability of certain crashes through its national data correction 
system known as DataQs. The Agency would accept an RDR as part of this 
program when documentation established that the crash was not 
preventable by the motor carrier or commercial driver.
    A crash would be considered not preventable if the CMV was struck 
by a motorist who was convicted of one of the four following offenses 
or a related offense:
    1. Driving under the influence;
    2. Driving the wrong direction;
    3. Striking the CMV in the rear; or
    4. Striking the CMV while it was legally stopped.
    FMCSA is specifically interested in information related 
specifically to these four crash scenarios that would be useful for 
this demonstration program.
    The Agency proposes that evidence of a conviction, as defined in 49 
CFR 383.5 and 390.5, for one of the above offenses must be submitted 
with the RDR to document that the crash was not preventable by the 
motor carrier or driver. In addition to documentation of the 
conviction, these RDRs should include all available law enforcement 
reports, insurance reports from all parties involved in the crash, and 
any other relevant information. However, FMCSA specifically seeks 
comments on what other documentation would be sufficient to make this 
determination.
    FMCSA notes that this list is not identical to ATA's proposed list. 
Because some of the crash scenarios submitted by ATA were too broadly 
defined and/or may not result in convictions, the Agency is not using 
the suggested standard of ``was found responsible by law enforcement 
for the crash.'' Previous research by the Agency showed that PARs do 
not generally provide a clear determination as to the preventability of 
a crash. Relying on a conviction related to one of the crash scenarios 
described ensures the Agency will have a clear record on which to base 
its determination.
    RDRs could also be submitted through DataQs when the crash did not 
involve other vehicles, such as crashes in which an individual 
committed suicide by stepping or driving in front of the vehicle or the 
vehicle was incapacitated by an animal in the roadway or the crash was 
the result of an infrastructure failure. The RDR must present 
sufficient evidence that the driver of the CMV took reasonable action 
to avoid the crash and did not contribute to the crash. If, for 
example, a CMV hit an animal but the CMV driver was on his/her 
cellphone or speeding at the time of the crash, this crash would be 
determined to have been preventable. In these and all crashes, the 
Agency reserves the right to request additional information to 
substantiate the cause of the crash. Failure to submit a complete RDR 
with the required documentation would be cause for the RDR to be 
rejected.
    Again, the Agency seeks comments on what other documentation would 
be sufficient to make this determination.
    In addition, Section 5223 of the Fixing America's Surface 
Transportation, Pub. L. 114-94 (FAST) Act prohibits the Agency from 
making available to the general public information regarding crashes in 
which a determination is made that the motor carrier or the commercial 
motor vehicle driver is not at fault. Therefore, crashes determined to 
be not preventable will not be listed on the carrier's list of crashes 
on the public SMS Web site.

B. Reviewers

    For this demonstration program, FMCSA is proposing to use DataQs to 
direct these types of requests to a group of reviewers under the 
Agency's direct supervision. FMCSA has not yet determined whether this 
would be a dedicated group of FMCSA staff or if these reviews would be 
conducted by a third party under contract to FMCSA. These RDRs would 
not be directed to the States.

C. Preventability Decisions

    Upon receipt of a complete RDR, FMCSA staff or a contractor would 
review the submission using the preventability definition in 49 CFR 
part 385. The Agency proposes that the RDR would result in one of the 
following three decisions and actions:
    1. Not Preventable--In these cases, the crash is removed from SMS.
    2. Preventable--In these cases, the crash is not removed from SMS 
for purposes of calculating the Crash Indicator BASIC percentile. FMCSA 
is considering options for weighting these crashes and is looking at 
the impacts if the current severity weighting is used (based on crash 
severity) or if a higher weighting is used since a preventability 
decision has been made. When crashes are determined to be 
``Preventable,'' the crash is still listed on the Agency's Web sites 
with a note that reads, ``FMCSA reviewed this crash and determined that 
it was preventable.''

[[Page 45213]]

    3. Undecided--In these cases, the documentation submitted did not 
allow for a conclusive decision by reviewers. When crash reviews are 
undecided, the crash is not removed from SMS and the severity weighting 
is unchanged. The crash will still be listed on the Agency's Web sites 
with a note that reads, ``FMCSA reviewed this crash and could not make 
a preventability determination based on the evidence provided.''
    In keeping with the Agency's current preventability guidance, if a 
post-crash inspection determines that the motor carrier, vehicle, or 
driver was in violation of an out-of-service regulation at the time of 
the crash, the crash will be determined to have been ``Preventable.''

D. Review

    The public, including motor carriers and drivers, would be allowed 
to seek review of the RDR decision using the DataQs system and 
processes currently in place.

E. Quality Controls

    In order to ensure the quality and consistency of the reviews, 
FMCSA will build a quality control standard into either its contract or 
its internal procedures. For example, it is anticipated that a process 
will be established to require a certain percent of reviews to be 
checked by a different reviewer to confirm consistent decisions are 
made. When a different conclusion is reached by the second reviewer, a 
supervisor will be responsible for reviewing the case and rendering a 
decision.

F. Fraudulent Requests

    In accordance with the Agency's existing DataQs program, any 
intentionally false or misleading statement, representation, or 
document that is provided in support of an RDR may result in 
prosecution for a violation of Federal law punishable by a fine of not 
more than $10,000.00 or imprisonment for not more than 5 years, or both 
(18 U.S.C. 1001).

G. Agency Analysis

    Throughout this test period, FMCSA will maintain data so that at 
the conclusion of the test, the Agency can conduct analysis. It is 
expected that the Agency's analysis would include, but not be limited 
to, cost of operating the test, future crashes of carriers that 
submitted RDRs, future crash rates of motor carriers with preventable 
crashes, and impacts to SMS crash rates. The analysis will be used to 
examine ATA's assertion that crashes of these types are not the 
responsibility of the motor carrier, and inform future policy decisions 
on this issue.

H. Testing Period

    FMCSA proposes that the minimum time period for this crash 
preventability test would be 24 months.

    Issued under the authority delegated in 49 CFR 1.87 on: July 5, 
2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-16426 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-EX-P

45210 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

Additionally, ATA recommended that finder; the ability to offer evidence and DEPARTMENT OF TRANSPORTATION
FMCSA consider a crash non- witnesses; and the opportunity to
preventable when an individual challenge evidence and witnesses Federal Motor Carrier Safety
commits suicide or vehicles are against them. Under our country’s Administration
incapacitated by animals. systems of legal fairness and due [Docket No. FMCSA–2014–0177]
There were many comments that process, FMCSA may not unilaterally
indicated that PARs, as currently determine fault, notify the public of that Crash Preventability Program
completed and submitted to FMCSA, determination, and punish the motor
are not adequate for completing a AGENCY: Federal Motor Carrier Safety
carrier by damaging its reputation. This
preventability determination. KSS Administration (FMCSA), DOT.
is a problem with both FMCSA’s current
Trucking noted, ‘‘I must comment on ACTION: Notice; request for public
the PAR accuracy in this situation. After and proposed system of dealing with
crashes. If there was a legal proceeding comment.
reading the report and interviews I have
noted some discrepancies. From related to an accident where there was SUMMARY: On January 23, 2015, FMCSA
something as simple as my license plate a finding of fault or admission, FMCSA announced the results of the Agency’s
number . . . to something as extensive may rely upon the determination of study on the feasibility of using a motor
as my interview, there are differences in fault in that proceeding. That would be carrier’s role in crashes in the
what was reported and what was the only reliable source of information assessment of the company’s safety.
recorded.’’ Also, Advocates agreed with about crash fault to FMCSA.’’ This study assessed: Whether police
the Agency that ‘‘PARS cannot be relied Regarding the estimated costs for a accident reports (PARs) provide
on to reach dependable determinations preventability determination process, sufficient, consistent, and reliable
as to crash causation.’’ Several the National Tank Truck Carriers information to support crash-weighting
commenters, including the ATA, indicated ‘‘this would be money well determinations; whether a crash-
National Waste and Recycling weighting determination process would
spent if it served the over-riding
Association, and MTA, recommended offer an even stronger predictor of crash
purpose of identifying unsafe driving
that FMCSA require uniform PARs. The risk than overall crash involvement and
Oregon Department of Transportation behavior.’’ However, several
how crash weighting would be
recommended using PARs, Department commenters, including Advocates,
implemented in the Agency’s Safety
of Motor Vehicle crash reports, and indicated that this would be millions of
Measurement System (SMS); and how
State motor carrier crash reports to dollars ‘‘that would not lead to any FMCSA might manage a process for
determine preventability. Also, improvement in data quality.’’ making crash-weighting determinations,
numerous commenters suggested using FMCSA Response: The Agency including the acceptance of public
the Agency’s existing Request for Data considered the list of crash scenarios input.
Review (RDR) process through the recommended by ATA and agrees to Based on the feedback received in
DataQs system for these requests. consider whether certain of these response to the January 23, 2015,
NM Transfer Company, Inc. and scenarios are most often non- Federal Register notice, FMCSA
Vigillo LLC recommended that FMCSA preventable. As a result, the Agency is announced in a separate notice
require States to make preventability elsewhere in today’s Federal Register
developing a demonstration program
determinations with the funding they that it conducted additional analysis in
and a process for submitting
are provided through the Motor Carrier response to comments received.
Safety Assistance Program. The National documentation about these crashes
through the DataQs program, similar to However, in this notice, FMCSA is
Motor Freight Traffic Association, Inc. proposing to develop and implement a
added that it is their opinion that police the process by which individuals may
submit documentation of adjudicated demonstration program to determine the
are taught to find fault. AMSA and ATA efficacy of a program to conduct
recommended that FMCSA tell the citations. It will then evaluate the data
preventability determinations on certain
States not to upload the crash if the to determine if the hypothesis offered by
types of crashes that generally are less
CMV or driver was not at fault. The ATA—that certain types of crashes are
complex. This notice provides FMCSA’s
Institute for Makers of Explosives non-preventable—is proven correct,
proposal for a demonstration program
suggested that all of the crashes be and, if so, whether changes should be and seeks additional comment.
reviewed using the process currently in made to the Agency’s programs. A
place for applicants for Hazardous DATES: Comments must be received on
separate Federal Register notice seeking
Materials Safety Permits. or before September 12, 2016.
comments and input on a process to
There were differing opinions on if make preventability determinations on ADDRESSES: You may submit comments
and how the public could be involved some specific types of crashes is bearing the Federal Docket Management
in the preventability determination available elsewhere in today’s Federal System (FDMS) Docket ID FMCSA–
process. Advocates and the Owner- 2014–0177 using any of the following
Register and is also in docket FMCSA–
Operator Independent Driver methods:
2014–0177.
Association (OOIDA) indicated that Federal eRulemaking Portal: Go to
adjudications hearings are needed to Issued under the authority delegated in 49 www.regulations.gov. Follow the on-line
protect the interests of all persons CFR 1.87 on: July 5, 2016 instructions for submitting comments.
involved. Advocates also noted that the T.F. Scott Darling, III, Mail: Docket Management Facility;
Agency did not propose any deterrents U.S. Department of Transportation, 1200
mstockstill on DSK3G9T082PROD with NOTICES

Acting Administrator.
for filing fraudulently and excessively. [FR Doc. 2016–16427 Filed 7–11–16; 8:45 am] New Jersey Avenue SE., West Building
OOIDA noted that, ‘‘When the Ground Floor, Room W12–140,
BILLING CODE 4910–EX–P
government seeks to determine whether Washington, DC 0590–0001.
a[n] individual or company is at fault Hand Delivery or Courier: West
for causing bodily injuries or property Building Ground Floor, Room W12–140,
damage, it must provide the accused a 1200 New Jersey Avenue SE.,
right to a hearing before a neutral fact- Washington, DC, between 9 a.m. and 5

VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\12JYN1.SGM 12JYN1

45212 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

focus on any other implications of the incapacitated by animals. FMCSA evidence that the driver of the CMV
program. considered this list and, as a result, took reasonable action to avoid the
The three questions were individually proposes that on an effective date to be crash and did not contribute to the
designed and analyzed to inform named in a future Federal Register crash. If, for example, a CMV hit an
Agency decisions. notice, the Agency would begin a animal but the CMV driver was on his/
1. Do Police Accident Reports (PARs) demonstration program under which it her cellphone or speeding at the time of
provide sufficient, consistent, and would accept requests for data review the crash, this crash would be
reliable information to support crash- (RDRs) that seek to establish the non- determined to have been preventable. In
weighting determinations? preventability of certain crashes through these and all crashes, the Agency
2. Would a crash-weighting its national data correction system reserves the right to request additional
determination process offer an even known as DataQs. The Agency would information to substantiate the cause of
stronger predictor of crash risk than accept an RDR as part of this program the crash. Failure to submit a complete
overall crash involvement, and how when documentation established that RDR with the required documentation
would crash weighting be implemented the crash was not preventable by the would be cause for the RDR to be
in the SMS? motor carrier or commercial driver. rejected.
3. Depending upon the analysis A crash would be considered not Again, the Agency seeks comments on
results for the questions above, how preventable if the CMV was struck by a what other documentation would be
might FMCSA manage the process for motorist who was convicted of one of sufficient to make this determination.
making crash-weighting determinations, the four following offenses or a related In addition, Section 5223 of the
including public input to the process? offense: Fixing America’s Surface
The Agency’s research plan was 1. Driving under the influence; Transportation, Pub. L. 114–94 (FAST)
posted on the Agency’s Web site on July 2. Driving the wrong direction; Act prohibits the Agency from making
23, 2012, at http://csa.fmcsa.dot.gov/ 3. Striking the CMV in the rear; or available to the general public
documents/ 4. Striking the CMV while it was information regarding crashes in which
CrashWeightingResearchPlan_7- legally stopped. a determination is made that the motor
2012.pdf. The resulting report is titled FMCSA is specifically interested in carrier or the commercial motor vehicle
‘‘Crash Weighting Analysis’’; it is in the information related specifically to these driver is not at fault. Therefore, crashes
docket associated with this notice. The four crash scenarios that would be determined to be not preventable will
draft research was peer reviewed, and useful for this demonstration program. not be listed on the carrier’s list of
The Agency proposes that evidence of crashes on the public SMS Web site.
the peer review recommendations are
a conviction, as defined in 49 CFR 383.5
also in the docket. B. Reviewers
and 390.5, for one of the above offenses
The comments to the January 23,
must be submitted with the RDR to For this demonstration program,
2015, Federal Register notice focused
document that the crash was not FMCSA is proposing to use DataQs to
on methodology changes needed in
preventable by the motor carrier or direct these types of requests to a group
SMS, and the preventability
driver. In addition to documentation of of reviewers under the Agency’s direct
determination process.
the conviction, these RDRs should supervision. FMCSA has not yet
Elsewhere in today’s Federal Register,
include all available law enforcement determined whether this would be a
FMCSA responds to the comments and
reports, insurance reports from all dedicated group of FMCSA staff or if
provides the results of additional
parties involved in the crash, and any these reviews would be conducted by a
analysis on removing tow-away crashes,
other relevant information. However, third party under contract to FMCSA.
removing the extra weighting for fatal
FMCSA specifically seeks comments on These RDRs would not be directed to
and injury crashes, and using a higher
what other documentation would be the States.
minimum number of crashes for data
sufficient to make this determination.
sufficiency purposes. Additionally, C. Preventability Decisions
FMCSA notes that this list is not
FMCSA advised that it would publish a
identical to ATA’s proposed list. Upon receipt of a complete RDR,
separate Federal Register notice seeking
Because some of the crash scenarios FMCSA staff or a contractor would
comments and input on a demonstration
submitted by ATA were too broadly review the submission using the
program to make preventability
defined and/or may not result in preventability definition in 49 CFR part
determinations on some specific types
convictions, the Agency is not using the 385. The Agency proposes that the RDR
of crashes. This notice fulfills that
suggested standard of ‘‘was found would result in one of the following
commitment.
responsible by law enforcement for the three decisions and actions:
III. Proposal for Demonstration crash.’’ Previous research by the Agency 1. Not Preventable—In these cases,
Program showed that PARs do not generally the crash is removed from SMS.
provide a clear determination as to the 2. Preventable—In these cases, the
A. Types of Crashes crash is not removed from SMS for
preventability of a crash. Relying on a
In response to FMCSA’s January 23, conviction related to one of the crash purposes of calculating the Crash
2015, Federal Register notice, the scenarios described ensures the Agency Indicator BASIC percentile. FMCSA is
American Trucking Associations (ATA) will have a clear record on which to considering options for weighting these
provided a list of certain types of non- base its determination. crashes and is looking at the impacts if
preventable crashes and suggested that RDRs could also be submitted through the current severity weighting is used
FMCSA establish a process by which DataQs when the crash did not involve (based on crash severity) or if a higher
mstockstill on DSK3G9T082PROD with NOTICES

documents could be submitted on these other vehicles, such as crashes in which weighting is used since a preventability
crashes and they could be removed from an individual committed suicide by decision has been made. When crashes
the motor carriers’ records. stepping or driving in front of the are determined to be ‘‘Preventable,’’ the
Additionally, ATA recommended that vehicle or the vehicle was incapacitated crash is still listed on the Agency’s Web
FMCSA consider a crash non- by an animal in the roadway or the sites with a note that reads, ‘‘FMCSA
preventable when an individual crash was the result of an infrastructure reviewed this crash and determined that
commits suicide or vehicles are failure. The RDR must present sufficient it was preventable.’’

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Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 45213

3. Undecided—In these cases, the carrier, and inform future policy rulemaking process. DOT posts these
documentation submitted did not allow decisions on this issue. comments, without edit, including any
for a conclusive decision by reviewers. personal information the commenter
H. Testing Period
When crash reviews are undecided, the provides, to www.regulations.gov, as
crash is not removed from SMS and the FMCSA proposes that the minimum described in the system of records
severity weighting is unchanged. The time period for this crash preventability notice (DOT/ALL–14 FDMS), which can
crash will still be listed on the Agency’s test would be 24 months. be reviewed at www.dot.gov/privacy.
Web sites with a note that reads, Issued under the authority delegated in 49 II. Background
‘‘FMCSA reviewed this crash and could CFR 1.87 on: July 5, 2016.
not make a preventability determination T.F. Scott Darling, III,
On December 29, 2015, FMCSA
based on the evidence provided.’’ published a notice of receipt of Federal
Acting Administrator.
In keeping with the Agency’s current diabetes exemption applications from
[FR Doc. 2016–16426 Filed 7–11–16; 8:45 am] 55 individuals and requested comments
preventability guidance, if a post-crash
inspection determines that the motor BILLING CODE 4910–EX–P from the public (80 FR 81415). The
carrier, vehicle, or driver was in public comment period closed on
violation of an out-of-service regulation January 28, 2016.
DEPARTMENT OF TRANSPORTATION FMCSA has evaluated the eligibility
at the time of the crash, the crash will
be determined to have been of the 55 applicants and determined that
Federal Motor Carrier Safety
‘‘Preventable.’’ granting the exemptions to these
Administration
individuals would achieve a level of
D. Review [FMCSA Docket No. FMCSA–2015–0340] safety equivalent to or greater than the
The public, including motor carriers level that would be achieved by
and drivers, would be allowed to seek Qualification of Drivers; Exemption complying with the current regulation
review of the RDR decision using the Applications; Diabetes Mellitus 49 CFR 391.41(b)(3).
DataQs system and processes currently AGENCY: Federal Motor Carrier Safety III. Diabetes Mellitus and Driving
in place. Administration (FMCSA), DOT. Experience of the Applicants
E. Quality Controls ACTION: Notice of final disposition. The Agency established the current
In order to ensure the quality and requirement for diabetes in 1970
SUMMARY: FMCSA confirms its decision
consistency of the reviews, FMCSA will because several risk studies indicated
to exempt 55 individuals from its rule
build a quality control standard into that drivers with diabetes had a higher
prohibiting persons with insulin-treated
either its contract or its internal rate of crash involvement than the
diabetes mellitus (ITDM) from operating
procedures. For example, it is general population. The diabetes rule
commercial motor vehicles (CMVs) in
anticipated that a process will be provides that ‘‘A person is physically
interstate commerce. The exemptions
established to require a certain percent qualified to drive a commercial motor
enable these individuals to operate
of reviews to be checked by a different vehicle if that person has no established
CMVs in interstate commerce.
reviewer to confirm consistent decisions medical history or clinical diagnosis of
DATES: The exemptions were effective diabetes mellitus currently requiring
are made. When a different conclusion on January 29, 2016. The exemptions
is reached by the second reviewer, a insulin for control’’ (49 CFR
expire on January 29, 2018. 391.41(b)(3)).
supervisor will be responsible for
FOR FURTHER INFORMATION CONTACT: FMCSA established its diabetes
reviewing the case and rendering a
decision. Christine A. Hydock, Chief, Medical exemption program, based on the
Programs Division, (202) 366–4001, Agency’s July 2000 study entitled ‘‘A
F. Fraudulent Requests fmcsamedical@dot.gov, FMCSA, Report to Congress on the Feasibility of
In accordance with the Agency’s Department of Transportation, 1200 a Program to Qualify Individuals with
existing DataQs program, any New Jersey Avenue SE., Room W64– Insulin-Treated Diabetes Mellitus to
intentionally false or misleading 113, Washington, DC 20590–0001. Operate in Interstate Commerce as
statement, representation, or document Office hours are from 8:30 a.m. to 5 p.m. Directed by the Transportation Act for
that is provided in support of an RDR e.t., Monday through Friday, except the 21st Century.’’ The report concluded
may result in prosecution for a violation Federal holidays. that a safe and practicable protocol to
of Federal law punishable by a fine of SUPPLEMENTARY INFORMATION: allow some drivers with ITDM to
not more than $10,000.00 or operate CMVs is feasible. The
I. Electronic Access September 3, 2003 (68 FR 52441),
imprisonment for not more than 5 years,
or both (18 U.S.C. 1001). You may see all the comments online Federal Register notice in conjunction
through the Federal Document with the November 8, 2005 (70 FR
G. Agency Analysis Management System (FDMS) at: http:// 67777), Federal Register notice provides
Throughout this test period, FMCSA www.regulations.gov. the current protocol for allowing such
will maintain data so that at the Docket: For access to the docket to drivers to operate CMVs in interstate
conclusion of the test, the Agency can read background documents or commerce.
conduct analysis. It is expected that the comments, go to http:// These 55 applicants have had ITDM
Agency’s analysis would include, but www.regulations.gov and/or Room over a range of 1 to 37 years. These
not be limited to, cost of operating the W12–140 on the ground level of the applicants report no severe
mstockstill on DSK3G9T082PROD with NOTICES

test, future crashes of carriers that West Building, 1200 New Jersey Avenue hypoglycemic reactions resulting in loss
submitted RDRs, future crash rates of SE., Washington, DC, between 9 a.m. of consciousness or seizure, requiring
motor carriers with preventable crashes, and 5 p.m., Monday through Friday, the assistance of another person, or
and impacts to SMS crash rates. The except Federal holidays. resulting in impaired cognitive function
analysis will be used to examine ATA’s Privacy Act: In accordance with 5 that occurred without warning
assertion that crashes of these types are U.S.C. 553(c), DOT solicits comments symptoms, in the past 12 months and no
not the responsibility of the motor from the public to better inform its recurrent (2 or more) severe

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Document Created: 2016-07-12 01:59:34
Document Modified: 2016-07-12 01:59:34

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; request for public comment.
Dates		Comments must be received on or before September 12, 2016.
Contact		For information contact Mr. Catterson Oh, Compliance Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 202-366- 6160 or by email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Operations, telephone (202) 366-9826.
FR Citation		81 FR 45210

81 FR 45210 - Crash Preventability Program

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration