83 FR 2445 - Law Enforcement Officer Motor Vehicle Crash and Struck-By Fatality Investigations; Notice of Public Meeting; Request for Comments
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention Federal Register Volume 83, Issue 11 (January 17, 2018)
Centers for Disease Control and Prevention
Federal Register Volume 83, Issue 11 (January 17, 2018)
| Page Range | 2445-2447 | |
| FR Document | 2018-00649 |
[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)] [Notices] [Pages 2445-2447] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00649] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [CDC-2018-0005, Docket Number NIOSH-303] Law Enforcement Officer Motor Vehicle Crash and Struck-By Fatality Investigations; Notice of Public Meeting; Request for Comments AGENCY: National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of public meeting and solicitation for public comment. ----------------------------------------------------------------------- SUMMARY: The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) is seeking stakeholder input on NIOSH's Law Enforcement Officer Motor Vehicle Crash and Struck-by Fatality Investigations--a pilot program. Table of ContentsDates: Addresses: For Further Information Contact: Supplementary Information: Background References DATES: A public meeting will be held on Tuesday, February 27, 2018, from 9:00 a.m. to 3:00 p.m. Eastern Time, or until the last public presenter has spoken, whichever occurs first. Please note that public comments may end before the time. Members of the public who wish to provide oral comments should plan to attend the meeting at the start time listed. As an alternative, electronic or written comments must be received by April 17, 2018. ADDRESSES: The public meeting will be held at the Office of Justice Programs (OJP), 810 7th Street NW, Washington, DC 20531. Attendees will be escorted to the room from the security checkpoint. [[Page 2446]] Written Comments: You may submit written comments by either of the two methods below. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. Mail: National Institute for Occupational Safety and Health, NIOSH Docket Office, 1090 Tusculum Avenue, MS C-34, Cincinnati, Ohio 45226-1998. All comments received in response to this notice must be identified by CDC-2017-0118 and Docket Number NIOSH-303. All relevant comments received, including any personal information, will be posted without change to www.regulations.gov. To access the docket, read background documents or read comments, go to www.regulations.gov and enter CDC- 2017-0118 in the search field and click ``Search.'' All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 1150 Tusculum Avenue, Room 155, Cincinnati, Ohio 45226-1998. FOR FURTHER INFORMATION CONTACT: Paul Moore, NIOSH, Division of Safety Research, 1095 Willowdale Road, Morgantown, West Virginia 26505, telephone (304) 285-6016, facsimile (304) 285-5774 (not toll free numbers), email [email protected]. SUPPLEMENTARY INFORMATION: Registration: Notification of intent to attend the meeting, either for participation or to make presentations, must be made by email to Paul Moore, email [email protected], telephone (304) 285-6016, facsimile (304) 285-5774 or John Myers, email [email protected], telephone (304) 285-6005, facsimile (304) 285-5774 no later than February 12, 2018, for U.S. citizens, and no later than February 5, 2018, for non-U.S. citizens, to allow sufficient time for mandatory facility security clearance procedures to be completed. Priority for attendance will be given to those providing oral comments. All requests to present should include the name, address, telephone number, relevant business affiliation of the presenter, and a brief summary of the presentation. After reviewing the requests for presentation, NIOSH will notify each presenter of the approximate time that their presentation is scheduled to begin. If a participant is not available when their presentation is scheduled to begin, the remaining participants will be heard in order. Presenters who missed their assigned time slot will be permitted to present later in the meeting if time permits. Status: The meeting is open to the public, limited only by the space available. The meeting space accommodates approximately 150 people. There is no registration fee to attend this public meeting. However, those wishing to attend must sign up by the dates noted in the SUPPLEMENTARY INFORMATION section with the contact persons in this notice. Security Considerations: Due to mandatory security clearance procedures at the location of the meeting, in-person attendees who are U.S. citizens must sign up with either of the contact persons identified in this notice by February 12, 2018, and present a valid government-issued picture identification to security personnel upon entering the building and go through an airport-type security check. No weapons will be allowed inside of the building. To attend in person, a non-U.S. citizen must sign up with either of the contact persons identified in this notice by February 5, 2018. They will also need to provide passport information and photo identification to security personnel upon entering the building and go through an airport-type security check. No weapons will be allowed inside of the building. To allow sufficient time for mandatory facility security clearance procedures to be completed, non-U.S. Citizens must provide the following information by email to Paul Moore, email [email protected], telephone (304) 285-6016 or John Myers, email [email protected], telephone (304) 285-6005, by February 5, 2018: Name; gender; date of birth; place of birth (city, province, state, country); citizenship; passport number; date of passport issue; date of passport expiration; type of visa; U.S. naturalization number (if a naturalized citizen); U.S. naturalization date (if a naturalized citizen); visitor's organization; organization address; organization telephone number; and visitor's position/title within the organization. Priority for attendance will be given to those providing oral comments. This information will be transmitted to the CDC Security Office and the Office of Justice Programs Security Office for approval. Non-U.S citizens will be notified once approval has been obtained. If approval is not received, non-U.S. citizens will not be able to attend the meeting. Background In the United States, there are approximately 765,000 state and local law enforcement officers (LEOs) working in stressful and dangerous conditions. LEOs are at increased risk for both fatal and non-fatal injuries, especially those occurring from motor-vehicle incidents. According to data from the National Law Enforcement Officer Memorial Fund (NLEOMF, 2016), 135 officers were killed in the line of duty in 2016; 47% were from intentional acts of violence (n = 64), 39% were motor-vehicle related (n = 53), and 13% were due to other causes. Motor-vehicle related fatalities have been the leading cause of LEO line-of-duty-deaths in 15 of the last 20 years. As of November 14, 2017, the number of LEO line-of-duty-motor vehicle-related fatalities was 41. Between 2010 and 2014, 58% of fatal motor vehicle crashes were single vehicle crashes. [NLEOMF, 2016] While the number of LEO motor vehicle-related fatalities remain high, efforts towards the collection of data on the circumstances and characteristics surrounding motor-vehicle related events for prevention purposes are limited. Detailed information on the causes and risk factors for LEO motor-vehicle related fatalities can provide stakeholders, researchers, and the law enforcement community with information to develop evidence-based prevention programs and policies to reduce crashes and injures. Project Description Under the Law Enforcement Officer Motor Vehicle Crash and Struck-by Fatality Investigations project, NIOSH staff have conducted field investigations of LEO line-of-duty-deaths due to motor vehicle crashes and being struck-by moving vehicles. This pilot project, implemented in partnership with the National Institute of Justice through an Interagency Agreement, sought to identify motor vehicle related fatality risks for LEOs and develop industry-wide recommendations. The project aimed to: 1. Learn about the motor vehicle-related risks LEOs are exposed to by studying the circumstances surrounding motor vehicle crash and struck-by fatalities, 2. Explore the feasibility of using NIOSH Fatality Assessment and Control Evaluation investigation techniques to identify contributing factors for these fatal incidents, and; 3. Disseminate NIOSH developed injury prevention recommendations to stakeholders, researchers, and the law enforcement community. Methods and Approach The project evaluated whether the NIOSH Fatality Assessment and Control Evaluation (FACE) methodology could appropriately collect information on the circumstances and contributing factors related to motor-vehicle fatalities among [[Page 2447]] LEOs. The FACE method follows the public health approach that the etiology of injury is multifaceted and injury is preventable. FACE collects data about the circumstances and contributors to fatal occupational injuries through on-site field investigations. This type of detailed data is not generally available from injury surveillance databases. As NIOSH does not have regulatory responsibility or enforcement authority, agency participation in a FACE investigation is voluntary. The FACE method has been used to successfully investigate fatalities involving fire fighters through the NIOSH Fire Fighter Fatality Investigation and Prevention Program. However, the ability to conduct these types of investigations among one occupation does not guarantee success in another. This may be especially true for law enforcement agencies that conduct vehicle crash reconstructions as part of their normal responsibilities. Crash reconstructions generally focus on environmental conditions and technical information such as vehicle dynamics. However, the FACE methodology evaluates all circumstances surrounding an incident, including decedent information, training programs, operating procedures, social aspects of the job, equipment design, and the work environment to identify contributing factors that can lead to the development of prevention recommendations. Investigation results are publicly reported through a narrative report that describes the incident, identifies contributing factors, and provides recommendations aimed at preventing similar incidents. The NIOSH reports do not determine fault or assign blame. The reports also do not identify the victim or other agency members. Reports are publicly available on the NIOSH website: NIOSH Law Enforcement Officer Motor Vehicle Safety. Case Criteria and Selection In this pilot project, a limited number of law enforcement motor- vehicle deaths were investigated using the FACE Model. For the purpose of this pilot study, the following definitions were used to identify law enforcement motor-vehicle fatalities: Law Enforcement Officer: An individual involved in crime control or reduction and who is directly employed on a full-time basis by a university or college, tribal, local, county, state, or federal law enforcement agency of the United States or its territories, with or without compensation, who is duly sworn and has full arrest powers. Law Enforcement Motor Vehicle: A motor vehicle, excluding motorcycles, that is owned by any university or college, tribal, local, county, State, or Federal police agency. Personal vehicles not owned by the agency but used by officers or agents (e.g., undercover) do not fall into this category. Motor vehicle crash: A crash that occurred while operating a law enforcement motor vehicle engaged in pursuit, patrol, emergency response, or commute between duty stations. Struck-by: A LEO struck-by a motor vehicle while operating on foot or in a parked vehicle at a roadside emergency, traffic stop or roadblock, or while assisting motorists. Several sources were used to identify LEO fatalities that met the case selection criteria including internet searches, newspaper clippings, the National Law Enforcement Officers Memorial Fund (NLEOMF), and the Officer Down Memorial Page (ODMP). Assistance from NIJ was also obtained to identify potential cases. Results to Date From September 2013 through December 2017, through this pilot project, NIOSH identified 18 LEO line-of-duty motor-vehicle crash fatalities to pursue as potential fatality investigations. Contact information for each deceased LEO's agency was obtained from the NLEOMF. NIOSH attempted to contact the agencies through phone calls and or emails. Of the 18 agencies, 5 agreed to participate in the program. Investigations for 3 of these cases have been completed and the reports have been published on the NIOSH Law Enforcement Officer Motor Vehicle Safety website: NIOSH Law Enforcement Officer Motor Vehicle Safety. Two investigations are still ongoing, but should be completed and published on the NIOSH web page in early 2018. Completed investigations include: Sergeant Struck by a Motor Vehicle on Interstate Highway--New Mexico Trooper struck by vehicle while investigating crash on interstate highway--Oklahoma Officer Struck By a Motorhome While Establishing Temporary Traffic Control on Interstate--Tennessee The NIOSH pilot program has identified unique opportunities and challenges for investigating LEO motor vehicle deaths. Unique opportunities include: The availability of vehicle dash camera recordings to help determine how the event occurred; police crash reconstruction reports outlining the vehicle dynamics, and the availability of in-vehicle telematics to better understand the speed at impact at the time of the event. Challenges identified included the delay in initiating investigations because of ongoing litigation surrounding the officer's death, and in certain events, the lack of witnesses involving single vehicle LEO crashes. We have also observed some reluctance on the part of law enforcement agencies to participate in a NIOSH investigation stating concerns for exposing the fallen officer's family members and department colleagues to emotional distress. Areas for Input Specific areas where NIOSH desires input include: 1. Is the approach NIOSH used to investigate these deaths appropriate for the law enforcement community? 2. Does the approach have the potential to prevent LEO injury and death from motor-vehicle incidents? 3. How can the approach be improved to better focus on the law enforcement community's need for prevention of motor-vehicle related fatalities? 4. How can NIOSH better gain law enforcement agency cooperation and participation for conducting these investigations? 5. What is the best way to disseminate NIOSH fatality reports to law enforcement agencies, officers, and leaders? References NLEOMF [2016]. 124 law enforcement fatalities nationwide in 2015. Washington, DC: National Law Enforcement Memorial Fund. NLEOMF [2016] Deadly Calls and Fatal Encounters, Analysis of U. S. law enforcement line of duty death when officers responded to dispatched calls for service and conducted enforcement (2101-2016), Washington, DC: National Law Enforcement Officers Memorial Fund. Frank Hearl, Chief of Staff, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention. [FR Doc. 2018-00649 Filed 1-16-18; 8:45 am] BILLING CODE 4163-19-P
![Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Notices 2445
Dated at Washington, DC, on January 10, Panel 2: Shipper Panel—11:15 a.m. • Mr. John E. Crowley, Jr., Executive
2018. Director, National Association of
• Peter Friedmann, Esq., Executive
Valerie J. Best, Waterfront Employers
Director, AgTC Agriculture
Assistant Executive Secretary, Transportation Coalition • Mr. John Atkins, President, GCT
Federal Deposit Insurance Corporation. • Steven Hughes, President/CEO of HCS Bayone LP
[FR Doc. 2018–00640 Filed 1–16–18; 8:45 am] International, representing the Auto By the Commission.
BILLING CODE 6714–01–P Care Association Rachel E. Dickon,
• Mr. Sam J. Sorbello, President, Assistant Secretary.
Atlantic Coast Freezers, representing [FR Doc. 2018–00624 Filed 1–16–18; 8:45 am]
FEDERAL MARITIME COMMISSION the Meat Import Council of America
• Mr. Tim Avanzato, Lanca Sales, Inc. BILLING CODE 6731–AA–P
[Petition No. P4–16] • Mr. Frans A. de Jong, President, R1
International (Americas) Inc.
Petition of the Coalition for Fair Port DEPARTMENT OF HEALTH AND
Practices for Rulemaking; Final Notice Panel 3: Intermediary Panel—2:00 p.m.
HUMAN SERVICES
of Public Hearing Schedule • Mr. Richard J. Roche, Vice President
of International Transportation, Centers for Disease Control and
The Commission will hold public
Mohawk Global Logistics, and Prevention
hearings on January 16 and 17, 2018, to
receive oral testimony concerning the NVOCC Sub-Committee Chairman at
[CDC–2018–0005, Docket Number NIOSH–
Petition of the Coalition for Fair Port NCBFAA 303]
• Mr. Charles Riley, Chairman, Board of
Practices for Rulemaking. Below is the
Governors, New York New Jersey Law Enforcement Officer Motor Vehicle
final order of presentation. Each
Foreign Freight Forwarders and Crash and Struck-By Fatality
panelist may make a five minute
Brokers Association, Inc. Investigations; Notice of Public
presentation, which will be followed by
(NYNJFFF&BA), and Vice President, Meeting; Request for Comments
questions from the Commissioners.
The hearings will be held in the Steer Company
• Ms. Jeanette Gioia, Vice President AGENCY: National Institute for
Commission’s Main Hearing Room, 800
Exports, New York New Jersey Occupational Safety and Health
North Capitol Street NW, Washington,
Foreign Freight Forwarders and (NIOSH) of the Centers for Disease
DC 20573 and are open to the public.
Brokers Association, Inc. Control and Prevention (CDC),
Please arrive with sufficient time to
(NYNJFFF&BA), and President, Serra Department of Health and Human
clear through the building security
International, Inc. Services (HHS).
process. The hearing will be live • Cameron W. Roberts, Esq.,
streamed and the URL will be posted to ACTION: Notice of public meeting and
representing Roberts & Kehagiaras solicitation for public comment.
the Commission’s website prior to the LLP and the Foreign Trade
hearing: https://www.fmc.gov/p4_ Association SUMMARY: The National Institute for
16hearings.aspx. • Mr. Joseph T. Quinn, President, Sefco Occupational Safety and Health
Written comments and statements for Export Management Company, Inc. (NIOSH) of the Centers for Disease
the record relative to the issues being • Mr. Bryan Vickers, Pace LLP, Control and Prevention (CDC) is seeking
addressed at the hearing from persons representing the International stakeholder input on NIOSH’s Law
who are unable to testify in person Association of Movers Enforcement Officer Motor Vehicle
should be submitted to secretary@
Day 2: Wednesday, January 17, 2018 Crash and Struck-by Fatality
fmc.gov as a PDF file by January 26,
Investigations—a pilot program.
2018. Copies of all written submissions Panel 1: Drayage Panel—10:00 a.m.
will be posted to the Commission’s Table of Contents
website, https://www.fmc.gov/p4-16/, • Mr. Thomas J. Adamski, representing
and will be available in the the New Jersey Motor Truck • Dates:
Commission’s Office of the Secretary. Association • Addresses:
• Mr. William J. Shea, CEO, Direct • For Further Information Contact:
Day 1: Tuesday, January 16, 2018 ChassisLink, Inc. • Supplementary Information:
• Background
Panel 1: Coalition Panel—10:00 a.m. Panel 2: Ocean Carrier Panel—11:15 • References
• Karyn Booth, Esq., Partner, Thompson a.m.
DATES: A public meeting will be held on
Hine, LLP • Mr. Richard J. Craig, President and Tuesday, February 27, 2018, from 9:00
• Nick DiMichael, Esq., Senior Counsel, CEO, Mitsui O.S.K. Lines (America),
Thompson Hine, LLP a.m. to 3:00 p.m. Eastern Time, or until
Inc. the last public presenter has spoken,
• Ms. Laura Crowe, Senior Director, • Mr. Paolo Magnani, Executive Vice
Global Logistics, Walmart Stores whichever occurs first. Please note that
President for Quality Control and
• Mr. Don Pisano, President, American public comments may end before the
Marketing, Mediterranean Shipping
Coffee Corporation time. Members of the public who wish
Company USA
• Mr. Fred Johring, President, Golden • Mr. Howard Finkel, Executive Vice to provide oral comments should plan
State Express President, COSCO Shipping Lines to attend the meeting at the start time
• Mr. Robert Leef, Senior Vice (North America), Inc. listed. As an alternative, electronic or
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President, East Region, ContainerPort • John Butler, Esq., President and CEO, written comments must be received by
Group, Inc., representing the World Shipping Council April 17, 2018.
Association of Bi-State Motor Carriers ADDRESSES: The public meeting will be
• Mr. Alex Cherin, Executive Director, Panel 3: Ports and Terminals Panel— held at the Office of Justice Programs
Englander, Knabe & Allen, 2:00 p.m. (OJP), 810 7th Street NW, Washington,
representing the California Trucking • Mr. Edward DeNike, President, SSA DC 20531. Attendees will be escorted to
Association Intermodal Conference Containers the room from the security checkpoint.
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Written Comments: You may submit available. The meeting space vehicle incidents. According to data
written comments by either of the two accommodates approximately 150 from the National Law Enforcement
methods below. people. There is no registration fee to Officer Memorial Fund (NLEOMF,
• Federal eRulemaking Portal: attend this public meeting. However, 2016), 135 officers were killed in the
www.regulations.gov. Follow the those wishing to attend must sign up by line of duty in 2016; 47% were from
instructions for submitting comments. the dates noted in the SUPPLEMENTARY intentional acts of violence (n = 64),
• Mail: National Institute for INFORMATION section with the contact 39% were motor-vehicle related (n =
Occupational Safety and Health, NIOSH persons in this notice. 53), and 13% were due to other causes.
Docket Office, 1090 Tusculum Avenue, Security Considerations: Due to Motor-vehicle related fatalities have
MS C–34, Cincinnati, Ohio 45226–1998. mandatory security clearance been the leading cause of LEO line-of-
All comments received in response to procedures at the location of the duty-deaths in 15 of the last 20 years. As
this notice must be identified by CDC– meeting, in-person attendees who are of November 14, 2017, the number of
2017–0118 and Docket Number NIOSH– U.S. citizens must sign up with either of LEO line-of-duty-motor vehicle-related
303. All relevant comments received, the contact persons identified in this fatalities was 41. Between 2010 and
including any personal information, notice by February 12, 2018, and 2014, 58% of fatal motor vehicle crashes
will be posted without change to present a valid government-issued were single vehicle crashes. [NLEOMF,
www.regulations.gov. To access the picture identification to security 2016]
docket, read background documents or personnel upon entering the building While the number of LEO motor
read comments, go to and go through an airport-type security vehicle-related fatalities remain high,
www.regulations.gov and enter CDC– check. No weapons will be allowed efforts towards the collection of data on
2017–0118 in the search field and click inside of the building. the circumstances and characteristics
‘‘Search.’’ All information received in To attend in person, a non-U.S. surrounding motor-vehicle related
response to this notice will be available citizen must sign up with either of the events for prevention purposes are
for public examination and copying at contact persons identified in this notice limited. Detailed information on the
the NIOSH Docket Office, 1150 by February 5, 2018. They will also causes and risk factors for LEO motor-
Tusculum Avenue, Room 155, need to provide passport information vehicle related fatalities can provide
Cincinnati, Ohio 45226–1998. and photo identification to security stakeholders, researchers, and the law
personnel upon entering the building enforcement community with
FOR FURTHER INFORMATION CONTACT: Paul
and go through an airport-type security information to develop evidence-based
Moore, NIOSH, Division of Safety
check. No weapons will be allowed prevention programs and policies to
Research, 1095 Willowdale Road,
inside of the building. reduce crashes and injures.
Morgantown, West Virginia 26505, To allow sufficient time for
telephone (304) 285–6016, facsimile mandatory facility security clearance Project Description
(304) 285–5774 (not toll free numbers), procedures to be completed, non-U.S.
email PMoore@cdc.gov. Under the Law Enforcement Officer
Citizens must provide the following Motor Vehicle Crash and Struck-by
SUPPLEMENTARY INFORMATION: information by email to Paul Moore, Fatality Investigations project, NIOSH
Registration: Notification of intent to email PMoore@cdc.gov, telephone (304) staff have conducted field investigations
attend the meeting, either for 285–6016 or John Myers, email JMyers@ of LEO line-of-duty-deaths due to motor
participation or to make presentations, cdc.gov, telephone (304) 285–6005, by vehicle crashes and being struck-by
must be made by email to Paul Moore, February 5, 2018: Name; gender; date of moving vehicles. This pilot project,
email PMoore@cdc.gov, telephone (304) birth; place of birth (city, province, implemented in partnership with the
285–6016, facsimile (304) 285–5774 or state, country); citizenship; passport National Institute of Justice through an
John Myers, email JMyers@cdc.gov, number; date of passport issue; date of Interagency Agreement, sought to
telephone (304) 285–6005, facsimile passport expiration; type of visa; U.S. identify motor vehicle related fatality
(304) 285–5774 no later than February naturalization number (if a naturalized risks for LEOs and develop industry-
12, 2018, for U.S. citizens, and no later citizen); U.S. naturalization date (if a wide recommendations. The project
than February 5, 2018, for non-U.S. naturalized citizen); visitor’s aimed to:
citizens, to allow sufficient time for organization; organization address; 1. Learn about the motor vehicle-
mandatory facility security clearance organization telephone number; and related risks LEOs are exposed to by
procedures to be completed. Priority for visitor’s position/title within the studying the circumstances surrounding
attendance will be given to those organization. Priority for attendance motor vehicle crash and struck-by
providing oral comments. All requests will be given to those providing oral fatalities,
to present should include the name, comments. This information will be 2. Explore the feasibility of using
address, telephone number, relevant transmitted to the CDC Security Office NIOSH Fatality Assessment and Control
business affiliation of the presenter, and and the Office of Justice Programs Evaluation investigation techniques to
a brief summary of the presentation. Security Office for approval. Non-U.S identify contributing factors for these
After reviewing the requests for citizens will be notified once approval fatal incidents, and;
presentation, NIOSH will notify each has been obtained. If approval is not 3. Disseminate NIOSH developed
presenter of the approximate time that received, non-U.S. citizens will not be injury prevention recommendations to
their presentation is scheduled to begin. able to attend the meeting. stakeholders, researchers, and the law
If a participant is not available when enforcement community.
their presentation is scheduled to begin, Background
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the remaining participants will be heard In the United States, there are Methods and Approach
in order. Presenters who missed their approximately 765,000 state and local The project evaluated whether the
assigned time slot will be permitted to law enforcement officers (LEOs) NIOSH Fatality Assessment and Control
present later in the meeting if time working in stressful and dangerous Evaluation (FACE) methodology could
permits. conditions. LEOs are at increased risk appropriately collect information on the
Status: The meeting is open to the for both fatal and non-fatal injuries, circumstances and contributing factors
public, limited only by the space especially those occurring from motor- related to motor-vehicle fatalities among
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LEOs. The FACE method follows the that is owned by any university or time of the event. Challenges identified
public health approach that the etiology college, tribal, local, county, State, or included the delay in initiating
of injury is multifaceted and injury is Federal police agency. Personal vehicles investigations because of ongoing
preventable. FACE collects data about not owned by the agency but used by litigation surrounding the officer’s
the circumstances and contributors to officers or agents (e.g., undercover) do death, and in certain events, the lack of
fatal occupational injuries through on- not fall into this category. witnesses involving single vehicle LEO
site field investigations. This type of • Motor vehicle crash: A crash that crashes. We have also observed some
detailed data is not generally available occurred while operating a law reluctance on the part of law
from injury surveillance databases. As enforcement motor vehicle engaged in enforcement agencies to participate in a
NIOSH does not have regulatory pursuit, patrol, emergency response, or NIOSH investigation stating concerns
responsibility or enforcement authority, commute between duty stations. for exposing the fallen officer’s family
agency participation in a FACE • Struck-by: A LEO struck-by a motor
investigation is voluntary. The FACE members and department colleagues to
vehicle while operating on foot or in a
method has been used to successfully emotional distress.
parked vehicle at a roadside emergency,
investigate fatalities involving fire traffic stop or roadblock, or while Areas for Input
fighters through the NIOSH Fire Fighter assisting motorists.
Fatality Investigation and Prevention Several sources were used to identify Specific areas where NIOSH desires
Program. However, the ability to LEO fatalities that met the case selection input include:
conduct these types of investigations criteria including internet searches, 1. Is the approach NIOSH used to
among one occupation does not newspaper clippings, the National Law investigate these deaths appropriate for
guarantee success in another. This may Enforcement Officers Memorial Fund the law enforcement community?
be especially true for law enforcement (NLEOMF), and the Officer Down
agencies that conduct vehicle crash Memorial Page (ODMP). Assistance 2. Does the approach have the
reconstructions as part of their normal from NIJ was also obtained to identify potential to prevent LEO injury and
responsibilities. Crash reconstructions potential cases. death from motor-vehicle incidents?
generally focus on environmental 3. How can the approach be improved
conditions and technical information Results to Date
to better focus on the law enforcement
such as vehicle dynamics. However, the From September 2013 through community’s need for prevention of
FACE methodology evaluates all December 2017, through this pilot motor-vehicle related fatalities?
circumstances surrounding an incident, project, NIOSH identified 18 LEO line-
including decedent information, 4. How can NIOSH better gain law
of-duty motor-vehicle crash fatalities to
training programs, operating pursue as potential fatality enforcement agency cooperation and
procedures, social aspects of the job, investigations. Contact information for participation for conducting these
equipment design, and the work each deceased LEO’s agency was investigations?
environment to identify contributing obtained from the NLEOMF. NIOSH 5. What is the best way to disseminate
factors that can lead to the development attempted to contact the agencies NIOSH fatality reports to law
of prevention recommendations. through phone calls and or emails. Of enforcement agencies, officers, and
Investigation results are publicly the 18 agencies, 5 agreed to participate leaders?
reported through a narrative report that in the program. Investigations for 3 of
describes the incident, identifies these cases have been completed and References
contributing factors, and provides the reports have been published on the
recommendations aimed at preventing NLEOMF [2016]. 124 law enforcement
NIOSH Law Enforcement Officer Motor
similar incidents. The NIOSH reports do fatalities nationwide in 2015.
Vehicle Safety website: NIOSH Law
not determine fault or assign blame. The Washington, DC: National Law
Enforcement Officer Motor Vehicle
reports also do not identify the victim Enforcement Memorial Fund.
Safety. Two investigations are still
or other agency members. Reports are NLEOMF [2016] Deadly Calls and Fatal
ongoing, but should be completed and
publicly available on the NIOSH Encounters, Analysis of U. S. law
published on the NIOSH web page in enforcement line of duty death when
website: NIOSH Law Enforcement early 2018.
Officer Motor Vehicle Safety. officers responded to dispatched calls for
Completed investigations include: service and conducted enforcement
Case Criteria and Selection Sergeant Struck by a Motor Vehicle on (2101–2016), Washington, DC: National
In this pilot project, a limited number Interstate Highway—New Mexico Law Enforcement Officers Memorial
of law enforcement motor-vehicle Trooper struck by vehicle while Fund.
deaths were investigated using the investigating crash on interstate
FACE Model. For the purpose of this highway—Oklahoma Frank Hearl,
pilot study, the following definitions Officer Struck By a Motorhome While Chief of Staff, National Institute for
were used to identify law enforcement Establishing Temporary Traffic Occupational Safety and Health, Centers for
motor-vehicle fatalities: Control on Interstate—Tennessee Disease Control and Prevention.
• Law Enforcement Officer: An The NIOSH pilot program has [FR Doc. 2018–00649 Filed 1–16–18; 8:45 am]
individual involved in crime control or identified unique opportunities and BILLING CODE 4163–19–P
reduction and who is directly employed challenges for investigating LEO motor
on a full-time basis by a university or vehicle deaths. Unique opportunities
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college, tribal, local, county, state, or include: The availability of vehicle dash
federal law enforcement agency of the camera recordings to help determine
United States or its territories, with or how the event occurred; police crash
without compensation, who is duly reconstruction reports outlining the
sworn and has full arrest powers. vehicle dynamics, and the availability of
• Law Enforcement Motor Vehicle: A in-vehicle telematics to better
motor vehicle, excluding motorcycles, understand the speed at impact at the
VerDate Sep<11>2014 17:14 Jan 16, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 9990 E:\FR\FM\17JAN1.SGM 17JAN1](https://thefederalregister.org/doc/83_FR_2456/page/3.svg)
Document Created: 2018-10-26 09:56:44
Document Modified: 2018-10-26 09:56:44
| 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 meeting and solicitation for public comment. | |
| Dates | A public meeting will be held on Tuesday, February 27, 2018, from 9:00 a.m. to 3:00 p.m. Eastern Time, or until the last public presenter has spoken, whichever occurs first. Please note that public comments may end before the time. Members of the public who wish to provide oral comments should plan to attend the meeting at the start time listed. As an alternative, electronic or written comments must be received by April 17, 2018. | |
| Contact | <bullet> Supplementary Information: <bullet> Background <bullet> References | |
| FR Citation | 83 FR 2445 |
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