83_FR_33085 83 FR 32949 - Withdrawal of Proposed Enhancements to the Safety Measurement System

83 FR 32949 - Withdrawal of Proposed Enhancements to the Safety Measurement System

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 136 (July 16, 2018)

Page Range32949-32950
FR Document2018-15109

On June 29, 2015 and October 5, 2016, FMCSA proposed enhancements to the Agency's Safety Measurement System (SMS) and published a preview version of the changes. However, the Fixing America's Surface Transportation Act (FAST Act) required the National Research Council of the National Academy of Sciences (NAS) to conduct a study of FMCSA's Compliance, Safety, Accountability (CSA) program and the Safety Measurement System (SMS). NAS published their report titled, ``Improving Motor Carrier Safety Measurement'' on June 27, 2017. This notice announces that FMCSA will not complete the enhancements previously proposed and the preview is removed from the SMS website.

Federal Register, Volume 83 Issue 136 (Monday, July 16, 2018) 
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32949-32950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15109]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0149]


Withdrawal of Proposed Enhancements to the Safety Measurement 
System

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

ACTION: Notice.

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SUMMARY: On June 29, 2015 and October 5, 2016, FMCSA proposed 
enhancements to the Agency's Safety Measurement System (SMS) and 
published a preview version of the changes. However, the Fixing 
America's Surface Transportation Act (FAST Act) required the National 
Research Council of the National Academy of Sciences (NAS) to conduct a 
study of FMCSA's Compliance, Safety, Accountability (CSA) program and 
the Safety Measurement System (SMS). NAS published their report titled, 
``Improving Motor Carrier Safety Measurement'' on June 27, 2017. This 
notice announces that FMCSA will not complete the enhancements 
previously proposed and the preview is removed from the SMS website.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Baker, Compliance 
Division, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Telephone (202) 366-3397 or by email 
at Barbara.Baker@dot.gov. Office hours are from 8:00 a.m. to 5:00 p.m., 
ET, Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background

June 2015 Notice

    On June 29, 2015 (80 FR 37037), FMCSA proposed the SMS enhancements 
and requested initial comments in advance of providing motor carriers 
with a preview of how their safety performance data would be presented 
on the SMS website. The proposed changes included:
    1. Changing some of the SMS Intervention Thresholds to better 
reflect the Behavior Analysis and Safety Improvement Categories' 
(BASICs) correlation to crash risk.
    2. Two changes to the Hazardous Materials (HM) Compliance BASIC:
    a. Segmenting the HM Compliance BASIC by Cargo Tank (CT) and non-CT 
carriers; and
    b. Releasing motor carrier percentile rankings under the HM 
Compliance BASIC to the public.
    3. Reclassifying violations for operating while Out of Service 
(OOS) under the Unsafe Driving BASIC rather than the BASIC of the 
underlying OOS violation.
    4. Increasing the maximum Vehicle Miles Traveled used in the 
Utilization Factor to more accurately reflect the operations of high-
utilization carriers.
    The Agency's analysis and explanations were provided in the June 
29, 2015, notice. Stakeholders had 30 days to submit comments. The 
comment period ended on July 29, 2015.

October 2016 Notice

    The October 5, 2016, Federal Register notice (81 FR 69185) 
announced a

[[Page 32950]]

preview of proposed enhancements to the SMS website, responded to 
comments to the June 2015 Federal Register notice, and advised of 
additional enhancements.
    As a result, the preview reflected six potential changes to the SMS 
methodology for calculating percentiles.
    1. SMS Intervention Thresholds were adjusted to better reflect 
correlation to crash risk.
    2. Changes to the HM Compliance BASIC to segment by CT and non-CT 
carriers and to post motor carrier percentile rankings under the HM 
Compliance BASIC to the public.
    3. Reclassifying violations for operating while OOS under the 
Unsafe Driving BASIC rather than the BASIC of the underlying OOS 
violation.
    4. Increasing the maximum vehicle miles traveled used in the 
Utilization Factor to more accurately reflect the operations of high-
utilization carriers.
    5. Increasing the minimum number of crashes in the Crash Indicator 
BASIC from two to three.
    6. Assigning BASIC percentiles only to carriers that have had an 
inspection with a violation in the past year.
    Only 25 comments were received on the preview from 11 individuals, 
five trucking or bus companies, nine associations and one safety 
consultant. Eight commenters posted comments regarding determining the 
preventability of crashes; therefore, these comments were outside of 
the scope of the notice. Four other commenters made broad comments 
about the Agency that were not applicable to this notice. In addition, 
the Insurance Institute of Highway Safety provided a copy of their 
report titled ``Crash Risk Factors for Interstate Large Trucks in North 
Carolina'' as support for the Agency's correlation of vehicle 
maintenance to crashes.

FAST Act Correlation Study

    Section 5221 of the FAST Act, titled ``Correlation Study,'' 
required FMCSA to commission the National Research Council of the 
National Academies to conduct a study of FMCSA's CSA program and SMS.
    On June 27, 2017, NAS published the report titled ``Improving Motor 
Carrier Safety Measurement.'' The report is available at https://www.nap.edu/catalog/24818/improving-motor-carrier-safety-measurement. 
In preparing the report, NAS collected and analyzed all the 
quantitative data available to FMCSA in its databases, which contain 
information on the safety of commercial motor carriers and drivers 
subject to the Federal Motor Carrier Safety Regulations and the HM 
Regulations. In addition, NAS held three public meetings to engage 
stakeholders from the truck and bus industry, safety advocates, 
researchers, and other government organizations. The meeting agendas 
are included in an appendix to the report. FMCSA accepted the NAS 
report's recommendations, including the recommendation to develop a new 
statistical model to support the SMS, and is working to implement the 
recommended changes. The NAS cautioned the Agency against making 
changes to the algorithm based on ad hoc analysis and instead to rely 
on the Item Response Theory model.

SMS Preview Site

    As a result of the ongoing implementation of the NAS 
recommendations, FMCSA removed the preview from the SMS website and 
will not be proceeding with the proposed changes at this time.

    Issued on: July 10, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-15109 Filed 7-13-18; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32949 138 and 49 U.S.C. 303; 23 CFR part The MOU allows the State to act in required the National Research Council 774 the place of FHWA in carrying out the of the National Academy of Sciences • American Indian Religious Freedom functions described above, except with (NAS) to conduct a study of FMCSA’s Act, 42 U.S.C. 1996 respect to government-to-government Compliance, Safety, Accountability • Farmland Protection Policy Act consultations with federally recognized (CSA) program and the Safety (FPPA), 7 U.S.C. 4201–4209 Indian Tribes. The FHWA will retain Measurement System (SMS). NAS • Clean Water Act, 33 U.S.C. 1251– responsibility for conducting formal published their report titled, 1377, Sections 401, 404, and 319 government-to-government consultation ‘‘Improving Motor Carrier Safety • Rivers and Harbors Act of 1899, 33 with federally recognized Indian Tribes, Measurement’’ on June 27, 2017. This U.S.C. 403 which is required under some of the notice announces that FMCSA will not • Wild and Scenic Rivers Act, 16 U.S.C. above-listed laws and Executive Orders. complete the enhancements previously 1271–1287 The State may also assist FHWA with proposed and the preview is removed • Emergency Wetlands Resources Act, formal consultations, with consent of a from the SMS website. 16 U.S.C. 3921, 3931 tribe, but FHWA remains responsible for FOR FURTHER INFORMATION CONTACT: Ms. • Wetlands Mitigation, 23 U.S.C. the consultation. Barbara Baker, Compliance Division, 103(b)(6)(m), 133(b)(3) This assignment includes transfer to Federal Motor Carrier Safety • FHWA wetland and natural habitat the State of Nebraska the obligation to Administration, 1200 New Jersey mitigation regulations, 23 CFR part fulfill the assigned environmental Avenue SE, Washington, DC 20590, 777 responsibilities on any proposed Telephone (202) 366–3397 or by email • Flood Disaster Protection Act, 42 projects meeting the criteria in at Barbara.Baker@dot.gov. Office hours U.S.C. 4001–4128 Stipulation 1(B) of the MOU that were are from 8:00 a.m. to 5:00 p.m., ET, • Safe Drinking Water Act (SDWA), 42 determined to be CEs prior to the Monday through Friday, except Federal U.S.C. 300f–300j–6 effective date of the proposed MOU but holidays. If you have questions • Section 4(f) of the Department of that have not been completed as of the regarding viewing or submitting Transportation Act of 1966, 23 U.S.C. effective date of the MOU. material to the docket, contact Docket 138 and 49 U.S.C. 303; and 23 CFR The FHWA will consider the Services, telephone (202) 366–9826. part 774 comments submitted on the proposed SUPPLEMENTARY INFORMATION: • Land and Water Conservation Fund MOU when making its decision on (LWCF), Public Law 88–578, 78 Stat. whether to execute this MOU. The Background 897 (known as Section 6(f)) FHWA will make the final, executed June 2015 Notice • Comprehensive Environmental MOU publicly available. Response, Compensation, and On June 29, 2015 (80 FR 37037), Liability Act (CERCLA), 42 U.S.C. (Catalog of Federal Domestic Assistance FMCSA proposed the SMS Program Number 20.205, Highway Planning enhancements and requested initial 9601–9675 and Construction. The regulations • Superfund Amendments and comments in advance of providing implementing Executive Order 12372 motor carriers with a preview of how Reauthorization Act of 1986 (SARA), regarding intergovernmental consultation on 42 U.S.C. 9671–9675 Federal programs and activities apply to this their safety performance data would be • Resource Conservation and Recovery program.) presented on the SMS website. The Act (RCRA), 42 U.S.C. 6901–6992k proposed changes included: Authority: 23 U.S.C. 326; 42 U.S.C. 4331, 1. Changing some of the SMS • Landscaping and Scenic 4332; 23 CFR 771.117; 40 CFR 1507.3, Intervention Thresholds to better reflect Enhancement (Wildflowers), 23 1508.4. the Behavior Analysis and Safety U.S.C. 319 Joseph A. Werning, • E.O. 11990, Protection of Wetlands Improvement Categories’ (BASICs) • E.O. 11988, Floodplain Management Division Administrator, Federal Highway correlation to crash risk. Administration. 2. Two changes to the Hazardous (except approving design standards [FR Doc. 2018–15099 Filed 7–13–18; 8:45 am] Materials (HM) Compliance BASIC: and determinations that a significant a. Segmenting the HM Compliance BILLING CODE 4910–22–P encroachment is the only practicable BASIC by Cargo Tank (CT) and non-CT alternative under 23 CFR 650.113 and carriers; and 650.115) b. Releasing motor carrier percentile DEPARTMENT OF TRANSPORTATION • E.O. 12898, Federal Actions to rankings under the HM Compliance Address Environmental Justice in Federal Motor Carrier Safety BASIC to the public. Minority Populations and Low Administration 3. Reclassifying violations for Income Populations operating while Out of Service (OOS) • E.O. 11593, Protection and [Docket No. FMCSA–2015–0149] under the Unsafe Driving BASIC rather Enhancement of Cultural Resources than the BASIC of the underlying OOS • E.O. 13007, Indian Sacred Sites Withdrawal of Proposed Enhancements to the Safety violation. • E.O. 13175 Consultation and 4. Increasing the maximum Vehicle Coordination with Indian Tribal Measurement System Miles Traveled used in the Utilization Governments AGENCY: Federal Motor Carrier Safety Factor to more accurately reflect the • E.O. 13122 and E.O. 13751, Invasive Administration (FMCSA), DOT. operations of high-utilization carriers. Species ACTION: Notice. The Agency’s analysis and • sradovich on DSK3GMQ082PROD with NOTICES Planning and Environmental explanations were provided in the June Linkages, 23 U.S.C. 168, except for SUMMARY: On June 29, 2015 and October 29, 2015, notice. Stakeholders had 30 those FHWA responsibilities 5, 2016, FMCSA proposed days to submit comments. The comment associated with 23 U.S.C. 134 and 135 enhancements to the Agency’s Safety period ended on July 29, 2015. • Programmatic Mitigation Plans, 23 Measurement System (SMS) and U.S.C. 169 except for those FHWA published a preview version of the October 2016 Notice responsibilities associated with 23 changes. However, the Fixing America’s The October 5, 2016, Federal Register U.S.C. 134 and 135 Surface Transportation Act (FAST Act) notice (81 FR 69185) announced a VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1

32950 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices preview of proposed enhancements to addition, NAS held three public ADDRESSES: You may submit comments the SMS website, responded to meetings to engage stakeholders from identified by Federal Docket comments to the June 2015 Federal the truck and bus industry, safety Management System (FDMS) Docket Register notice, and advised of advocates, researchers, and other Number FMCSA–2018–0189 using any additional enhancements. government organizations. The meeting of the following methods: As a result, the preview reflected six agendas are included in an appendix to • Federal eRulemaking Portal: http:// potential changes to the SMS the report. FMCSA accepted the NAS www.regulations.gov. Follow the online methodology for calculating percentiles. report’s recommendations, including instructions for submitting comments. 1. SMS Intervention Thresholds were the recommendation to develop a new • Fax: 1–202–493–2251. adjusted to better reflect correlation to statistical model to support the SMS, • Mail: Docket Operations; U.S. crash risk. and is working to implement the Department of Transportation, 1200 2. Changes to the HM Compliance recommended changes. The NAS New Jersey Avenue SE, West Building, BASIC to segment by CT and non-CT cautioned the Agency against making Ground Floor, Room W12–140, carriers and to post motor carrier changes to the algorithm based on ad Washington, DC 20590–0001. percentile rankings under the HM hoc analysis and instead to rely on the • Hand Delivery or Courier: U.S. Compliance BASIC to the public. Item Response Theory model. Department of Transportation, 1200 3. Reclassifying violations for New Jersey Avenue SE, West Building, operating while OOS under the Unsafe SMS Preview Site Ground Floor, Room W12–140, Driving BASIC rather than the BASIC of As a result of the ongoing Washington, DC 20590–0001 between 9 the underlying OOS violation. implementation of the NAS a.m. and 5 p.m. e.t., Monday through 4. Increasing the maximum vehicle recommendations, FMCSA removed the Friday, except Federal holidays. miles traveled used in the Utilization preview from the SMS website and will Instructions: All submissions must Factor to more accurately reflect the not be proceeding with the proposed include the Agency name and docket operations of high-utilization carriers. changes at this time. number. For detailed instructions on 5. Increasing the minimum number of submitting comments, see the Public crashes in the Crash Indicator BASIC Issued on: July 10, 2018. Raymond P. Martinez, Participation heading below. Note that from two to three. all comments received will be posted 6. Assigning BASIC percentiles only Administrator. without change to http:// to carriers that have had an inspection [FR Doc. 2018–15109 Filed 7–13–18; 8:45 am] www.regulations.gov, including any with a violation in the past year. BILLING CODE 4910–EX–P Only 25 comments were received on personal information provided. Please the preview from 11 individuals, five see the Privacy Act heading below. trucking or bus companies, nine Docket: For access to the docket to DEPARTMENT OF TRANSPORTATION associations and one safety consultant. read background documents or Eight commenters posted comments Federal Motor Carrier Safety comments received, go to http:// regarding determining the preventability Administration www.regulations.gov, and follow the of crashes; therefore, these comments online instructions for accessing the were outside of the scope of the notice. dockets, or go to the street address listed [Docket No. FMCSA–2018–0189] Four other commenters made broad above. comments about the Agency that were Agency Information Collection Privacy Act: In accordance with 5 not applicable to this notice. In Activities; New Information Collection: U.S.C. 553(c), DOT solicits comments addition, the Insurance Institute of Truck and Bus Maintenance from the public to better inform its Highway Safety provided a copy of their Requirements and Their Impact on rulemaking process. DOT posts these report titled ‘‘Crash Risk Factors for Safety comments, without edit, including any Interstate Large Trucks in North personal information the commenter AGENCY: Federal Motor Carrier Safety provides, to www.regulations.gov, as Carolina’’ as support for the Agency’s Administration (FMCSA), DOT. described in the system of records correlation of vehicle maintenance to crashes. ACTION: Notice and request for notice (DOT/ALL–14 FDMS), which can comments. be reviewed at www.dot.gov/privacy. FAST Act Correlation Study Public Participation: The Federal Section 5221 of the FAST Act, titled SUMMARY: In accordance with the eRulemaking Portal is available 24 ‘‘Correlation Study,’’ required FMCSA Paperwork Reduction Act of 1995, hours each day, 365 days each year. You to commission the National Research FMCSA announces its plan to submit can obtain electronic submission and Council of the National Academies to the Information Collection Request (ICR) retrieval help and guidelines under the conduct a study of FMCSA’s CSA described below to the Office of ‘‘help’’ section of the Federal program and SMS. Management and Budget (OMB) for its eRulemaking Portal website. If you want On June 27, 2017, NAS published the review and approval and invites public us to notify you that we received your report titled ‘‘Improving Motor Carrier comment. This new request titled comments, please include a self- Safety Measurement.’’ The report is ‘‘Truck and Bus Maintenance addressed, stamped envelope or available at https://www.nap.edu/ Requirements and Their Impact on postcard, or print the acknowledgement catalog/24818/improving-motor-carrier- Safety’’ will allow for a study that page that appears after submitting safety-measurement. In preparing the focuses on vehicle maintenance and comments online. Comments received sradovich on DSK3GMQ082PROD with NOTICES report, NAS collected and analyzed all aims to determine the impact of vehicle after the comment closing date will be the quantitative data available to maintenance requirements on overall included in the docket and will be FMCSA in its databases, which contain motor carrier safety. This information considered to the extent practicable. information on the safety of commercial collection supports the DOT Strategic FOR FURTHER INFORMATION CONTACT: motor carriers and drivers subject to the Goal of Safety. Quon Y. Kwan, Program Manager, Federal Motor Carrier Safety DATES: We must receive your comments Technology Division, Department of Regulations and the HM Regulations. In on or before September 14, 2018. Transportation, OA, West Building 6th VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\16JYN1.SGM 16JYN1


Document Created: 2018-07-14 00:54:28
Document Modified: 2018-07-14 00:54:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMs. Barbara Baker, Compliance Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Telephone (202) 366-3397 or by email at [email protected] Office hours are from 8:00 a.m. to 5:00 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 32949 
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