Comprehensive Safety Analysis 2010 Initiative, 61131-61137 [06-8723]
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
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October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition
‘‘Masterpieces of Russian Art’’,
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
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further information, including a list of
the exhibit objects, contact Carol B.
Epstein, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/453–8050). The address
is U.S. Department of State, SA–44, 301
4th Street, SW., Room 700, Washington,
DC 20547–0001.
Dated: October 10, 2006.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. E6–17234 Filed 10–16–06; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Dated: October 11, 2006.
Scott J. Bloch,
Special Counsel.
[FR Doc. E6–17171 Filed 10–16–06; 8:45 am]
[Docket No. FMCSA–2004–18898]
BILLING CODE 7405–01–S
AGENCY:
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Notice of public listening
session.
DEPARTMENT OF STATE
[Public Notice 5581]
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Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Masterpieces of Russian Art’’
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
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Comprehensive Safety Analysis 2010
Initiative
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SUMMARY: The Federal Motor Carrier
Safety Administration (FMCSA) is
holding a public listening session to
obtain feedback on the Agency’s
Comprehensive Safety Analysis 2010
initiative (CSA 2010), a comprehensive
review and analysis of FMCSA’s current
commercial motor carrier safety and
enforcement programs. FMCSA will use
the upcoming listening session to
inform the public on the conceptual
direction and progress of CSA 2010, and
obtain feedback from its partners and
stakeholders. To facilitate the upcoming
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listening session, FMCSA has included
in this notice a number of questions that
commenters are invited to address.
DATES: The Public Listening Session
will be held on November 16, 2006 from
8 a.m. to 1:30 p.m. Written comments
must be received by December 18, 2006.
Location: The Public Listening
Session will be held at the Hyatt
Regency on Capitol Hill, 400 New Jersey
Avenue, NW., Washington, DC 20001.
The telephone number is (202) 737–
1234.
ADDRESSES: You may submit comments
identified by DOT Docket Management
System (DMS) docket number FMCSA–
2004–18898, using any of the following
methods:
Web site: https://dmses.dot.gov. Follow
the instructions for submitting
comments on the DOT electronic docket
site.
Fax: 202–493–2251.
Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
Hand Delivery: Room PL–401 on the
plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Cathy McNair, Assistant Program
Manager, CSA 2010, (202) 366–0790.
SUPPLEMENTARY INFORMATION: Format of
Listening Session: During the Public
Listening Session, FMCSA will describe
its progress on CSA 2010 to date.
FMCSA will accept comments on the
CSA 2010 operational model and any
additional information FMCSA should
consider to promote the success of the
CSA 2010 initiative.
The listening session will run from 8
a.m. to 1:30 p.m. Participant registration
will be from 8 a.m. to 9 a.m. The session
will include a morning plenary session
(9 a.m.) and four facilitated breakout
sessions (10:15 a.m. to 1:30 p.m.),
related to the CSA 2010 operational
model: (1) Measurement, (2) Safety
Fitness Determination, (3) Intervention
Selection, and (4) Safety Data and
Validation. Attendees will be able to
participate in one of the breakout
sessions and will have an opportunity to
comment on the key questions listed
herein by topic, as well as hear the
comments of other stakeholders
assigned to the topic. More details on
this process are included in the on-line
pre-registration site.
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Registration information and
instructions: To attend the listening
session, attendees can register online at
https://www.csa2010.com. In addition to
registration information, the registration
Web site provides additional location
and agenda details. To register, click the
Register button on the left side of the
homepage to display the online
registration form. The registration form
requests information about the attendee
and breakout session preference. Due to
size and space limitations, attendees
may not be assigned to their first
breakout session preference; however,
FMCSA will strive to accommodate
attendees’ first or second choice. Once
the form is complete, submit the form to
complete the registration process and a
registration confirmation will appear. If
there are any questions, or if you prefer
to register via telephone, please contact
admin@csa2010.com or telephone (301)
495–8458.
Instructions for submitting written
comments: Comments regarding CSA
2010 can also be filed with the
Department of Transportation’s Docket
Management System (DMS). All
submissions must include the Agency
name and docket number for this
Notice. Note that all comments received
will be posted without change to https://
dms.dot.gov, including any personal
information provided. Please see the
Privacy Statement heading for further
information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or the docket
(see ADDRESSES section above). If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope, postcard,
or print the acknowledgement page that
appears after submitting comments online.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the Department of
Transportation’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information
is also available at https://dms.dot.gov.
Background
In August 2004, FMCSA embarked on
CSA 2010—a comprehensive review
and analysis of FMCSA’s current
commercial motor vehicle safety
compliance and enforcement programs
(69 FR 51748, August 20, 2004). The
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goal of CSA 2010 is the development
and deployment of a new operational
model, a new approach to using FMCSA
resources to identify drivers and
operators that pose safety problems and
to intervene to address those problems.
FMCSA understands how important it is
to the success of this initiative to obtain
active and timely feedback from its
partners and stakeholders. The Agency
held a series of public listening sessions
on CSA 2010 in September and October
of 2004. These sessions were designed
to collect public input regarding ways
FMCSA could improve its process of
monitoring and assessing the safety
performance of the commercial motor
carrier industry. Participants were a
cross section of individuals including
industry executives, truck and bus
drivers, insurance and safety advocacy
groups, State and local government
officials, and enforcement professionals.
FMCSA was encouraged that the
majority of participants supported the
agency’s goal of improving the current
process through the CSA 2010 initiative.
During the 2004 listening sessions,
the stakeholder community expressed
many different opinions regarding the
various entities, activities, and
environmental factors that contribute to
safety. The sessions highlighted that
safety indicators can be difficult to
identify and measure. Participants also
commented on the effectiveness of
current processes and offered creative
ideas for FMCSA to consider when
crafting new policies and processes. For
example, in almost every listening
session, participants suggested using
incentives rather than penalties to
encourage safe behavior. Participants
expressed a strong interest in
comprehensive, consistent, relevant,
and accurate data that are easily
accessible to all. Some participants
expressed a willingness to self-disclose
data and to help keep safety data
current. For further detail on the public
listening sessions, visit FMCSA’s Web
site at https://www.fmcsa.dot.gov/safetysecurity/csalisteningsessions.htm and
see the final report, ‘‘Comprehensive
Safety Analysis Listening Sessions.’’
On July 20, 1998, the Agency issued
an Advanced Notice of Proposed
Rulemaking (ANPRM), entitled ‘‘Safety
Fitness Procedures’’ (63 FR 38788),
seeking comments and supporting data
on the issues that should be considered
in developing a future safety fitness
rating system. Many of the participants
in the 2004 listening sessions suggested
that FMCSA delay publishing a notice
of proposed rulemaking until the
Agency makes its final decisions
regarding its long-term plan for
monitoring safety under CSA 2010.
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Accordingly, the Agency withdrew the
ANPRM (70 FR 67405, November 7,
2005).
Recently, FMCSA requested
comments from the public on planned
improvements to the Agency’s Motor
Carrier Safety Status Measurement
System (SAFESTAT) algorithm (71 FR
36170, May 3, 2006). The SAFESTAT
system analyzes current and historical
safety performance and compliance
information to rank the relative safety
fitness of commercial motor carriers.
SAFESTAT enables FMCSA to quantify
and monitor trends in the safety status
of individual motor carriers. FMCSA
focuses compliance review and roadside
inspection resources on carriers posing
the greatest potential safety risk.
SAFESTAT involves analytically
assessing a motor carrier in four Safety
Evaluation Areas (SEAs), including: (1)
Accident, (2) Driver, (3) Vehicle, and (4)
Safety Management. The Agency has
proposed improvements that would
simplify the Accident SEA, increase the
relevance of moving violations in the
Driver SEA, include in the Vehicle SEA
vehicle out-of-service violations from
inspections marked as driver-only, and
shorten the data exposure time period
considered by SAFESTAT from 30
months to 24 months. The proposed
improvements are intended to make the
algorithm more effective in identifying
motor carriers that pose a high crash
risk. The proposed changes are also
consistent with FMCSA’s CSA 2010
initiative. The ultimate goal of CSA
2010 is development of an optimal
operational model that will allow
FMCSA to focus its limited resources on
improving the safety performance of
high-risk operators. The comment
period closed July 3, 2006.
The results of FMCSA’s recent Large
Truck Crash Causation Study also
provide important input for the
development of a new operational
model. This study was the first
nationwide examination focused on precrash factors. Study findings indicate
that drivers of large trucks and other
vehicles involved in truck crashes are
ten times more likely to be the cause of
the crash than other factors, such as
weather, road conditions, and vehicle
performance. These results suggest that
efforts to assess safety performance and
to apply interventions to improve
performance should focus on drivers.
Among the changes under consideration
in CSA 2010 are several that would
improve the data collected on drivers
and would add interventions applicable
to individual drivers. Additional
information on the Large Truck Crash
Causation Study is available at https://
www.fmcsa.dot.gov.
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Upcoming Listening Session: The
purpose of the upcoming listening
session is for FMCSA to update its
stakeholders and partners on the
progress that has been made since the
listening sessions in 2004. To facilitate
the upcoming listening session, FMCSA
has included in this notice a number of
questions designed to elicit input on
possible features of the CSA 2010
operational model. In responding to the
questions commenters are requested to
provide supporting rationale, and
supporting documentation wherever
possible. FMCSA plans to hold annual
CSA 2010 listening sessions to continue
the process of updating partners and
stakeholders and receiving feedback.
Current Operational Model: To
understand FMCSA’s goals for assessing
and improving motor carrier safety, it is
important to understand the Agency’s
current process. FMCSA currently
collects several kinds of data on motor
carriers, including Federal and State
information on crashes and roadside
inspections, results of on-site
compliance reviews, and enforcement
actions. FMCSA uses the data to (1)
determine which motor carriers should
be selected for on-site compliance
reviews, and (2) determine the safety
fitness of motor carriers. To analyze the
data it collects, the Agency uses
SAFESTAT.
Each month, SAFESTAT generates a
list of high-priority motor carriers for
which FMCSA plans compliance review
visits. In selecting motor carriers for
compliance reviews, SAFESTAT works
with four SEAs referenced above: (1)
Accident, (2) Driver, (3) Vehicle, and (4)
Safety Management. For a full
description of the SAFESTAT
methodology, visit FMCSA’s Web site
at: https://ai.fmcsa.dot.gov.
FMCSA issues a safety fitness
determination and a corresponding
safety rating as a result of an on-site
compliance review (CR). The CR
assesses whether a commercial motor
carrier’s safety management controls are
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functioning effectively to ensure
acceptable compliance with the safety
fitness standard found at 49 CFR 385.5.
Currently, the safety ratings that result
from a CR are Satisfactory, Conditional,
or Unsatisfactory. FMCSA may take
enforcement actions against a motor
carrier as a result of the CR.
Limitations of the Current Operational
Model
FMCSA’s compliance and safety
programs improve and promote safety
performance. However, despite
increases in the regulated population, as
well as increased programmatic
responsibilities, Agency resources
available for these efforts have remained
relatively constant over time. In its
present structure, FMCSA’s CR program
is resource-intensive and reaches only a
small percentage of motor carriers. Onsite CRs take one safety investigator an
average of 3 to 4 days to complete, and
thereby determine a motor carrier’s
safety fitness. At present staffing levels
FMCSA can perform CRs on only a
small portion of the 700,000 active
interstate motor carriers. These factors
have made it increasingly difficult to
make sustained improvements to motor
carrier safety using existing programs
and information systems. In addition,
the Large Truck Crash Causation Study
clearly indicates that increased attention
should be given to drivers. Although
FMCSA determines, to a limited extent,
the compliance and safety of
commercial motor vehicle drivers and
pursues enforcement against them if
warranted, current FMCSA systems do
not evaluate the safety fitness of
individual commercial motor vehicle
drivers.
For these reasons FMCSA is exploring
ways through CSA 2010 to improve its
current processes for monitoring and
assessing the safety performance of
motor carriers and drivers.
New Operational Model—CSA 2010
The goal of CSA 2010 is to develop a
new approach to assessing the motor
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carrier safety performance of a larger
segment of the motor carrier industry,
while optimizing the use of Agency
resources. CSA 2010 is designed to help
FMCSA affect a larger number of motor
carriers and drivers using a broader
array of compliance interventions. In
conceptualizing a new operational
model, FMCSA began with a list of ideal
attributes and components that it
believes should be part of any model for
safety oversight:
Flexible—Adaptable to Changing
Environment. Accommodate changes to
the transportation environment, such as
evolutions in technology and changing
programmatic responsibilities.
Efficient—Maximize Use of
Resources. Produce greater efficiencies
by maximizing use of resources to
improve Agency productivity, as well as
the safety performance of members of
the motor carrier community.
Effective—Improve Safety
Performance. Increase the quality of
contact with the motor carrier
community by identifying those
behaviors associated with poor safety,
and focusing compliance and safety
efforts on those unsafe behaviors.
Innovative—Leverage Data and
Technology. Improve safety by
innovative use of data and technology to
leverage its impact. Improve timeliness
and accuracy of data used for
determining safety fitness, and pursuing
enforcement actions against unsafe
entities of the motor carrier community.
A key factor to the success of this
component is the information
technology/business transformation
project COMPASS. More information on
COMPASS is available at https://
www.fmcsa.dot.gov.
Equitable—Fair and Unbiased. Assess
and evaluate motor carrier safety and
enforce federal laws and safety
regulations to ensure consistent
treatment of similarly situated members
of the motor carrier community.
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One conceptual operational model for
CSA 2010 shown here would measure
safety performance and compliance,
determine safety fitness, recommend
interventions, apply interventions, and
track and evaluate safety improvements
for FMCSA regulated entities. The
model would continuously evaluate and
monitor regulated entities’ compliance
and safety performance. It would be
significantly different from the current
model in that the safety fitness
determination made under CSA 2010
would be independent of the
compliance review. The safety fitness
determination would be based on
performance data and would lead to a
broader array of compliance
interventions.
A conceptual model of this nature
would be composed of four integrated
and independent components: (1)
Measurement, (2) Safety Fitness
Determination, (3) Intervention
Selection, and (4) Tracking, Evaluation
and Data Validation. These four
components are represented as
diamonds in the Operational Model
Concept diagram above. Components
are the portions of the operational
model in which a distinct action would
occur. These components would be
supported by three data elements that
are represented by boxes in the diagram.
They are (1) Safety Data, (2) Intervention
History, and (3) Entity Characteristics.
Components and elements identified to
date which could be supportive of the
CSA 2010 initiative are described in
greater detail below.
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Measurement
A Measurement Component could
collect, categorize, analyze, and score
safety data on regulated entities. It could
automatically categorize data into
behavioral areas, examples of which are
identified below as Behavioral Analysis
and Safety Improvement Categories or
BASICs. BASICs would represent
behaviors that lead to or increase the
consequences of crashes. Rather than
rely on the results of a compliance
review, FMCSA could use motor carrier
or driver performance data in the
identified behavioral areas to determine
safety fitness. The Measurement
Component could be supported by the
Safety Data Element, which would
include data from past interventions,
crashes, motor vehicle/driver
inspections, and other data sources. The
goal of such a system would be to
provide an objective, performance-based
measure for each motor carrier and
driver. The measurement could be
regularly updated and made publicly
available. Among the BASICs currently
under consideration to generate this
measure are:
1. Unsafe Driving—Dangerous or
careless operation of commercial motor
vehicles. Data would include driver
traffic violations and convictions for
speeding, reckless driving, improper
lane change, inattention, and other
unsafe driving behavior.
2. Fatigued Driving—Driving
commercial motor vehicles when
fatigued. This would be distinguished
from incidents where unconsciousness
or an inability to react is brought about
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by the use of alcohol, drugs, or other
controlled substances. Data would
include (1) hours-of-service violations
discovered during a compliance review,
focused review, roadside inspection, or
post-crash inspection, and (2) crash
reports with driver fatigue as a
contributing factor.
3. Driver Fitness—Operation of
commercial motor vehicles (CMVs) by
drivers who are unfit to operate a CMV
due to lack of training, experience, or
medical qualification. Data would
include (1) inspection violations for
failure to have a valid and appropriate
commercial driver’s license, or medical
or training documentation, (2) crash
reports citing a lack of experience or
medical reason as a cause or
contributory factor, and (3) violations
from a compliance review or focused
review for failure to maintain proper
driver qualification files, or use of
unqualified drivers.
4. Controlled Substances and
Alcohol—Operation of a CMV while
impaired due to alcohol, illegal drugs,
and misuse of prescription medications
or over-the-counter medications. Data
would include (1) roadside violations
involving controlled substances or
alcohol, (2) crash reports citing driver
impairment or intoxication as a cause,
(3) positive drug or alcohol test results
on drivers, and (4) lack of appropriate
testing or other deficiencies in motor
carrier controlled substances and
alcohol testing programs.
5. Vehicle Maintenance—CMV failure
due to improper or inadequate
maintenance. Data would include (1)
roadside violations for brakes, lights,
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and other mechanical defects, (2) crash
reports citing a mechanical failure as a
contributing factor, or (3) violations
from a compliance review or focused
review associated with pre-trip
inspections, maintenance records, and
repair records.
6. Improper Loading/Cargo
Securement—Shifting loads, spilled or
dropped cargo, and unsafe handling of
hazardous materials. Data would
include (1) roadside inspection
violations pertaining to load
securement, cargo retention, and
hazardous material handling, and (2)
crash reports citing shifting loads, or
spilled/dropped cargo as a cause or
contributing factor.
7. Crash/Incident Experience—
Histories or patterns of high crash
involvement, including frequency and
severity. Data would include law
enforcement crash reports and crashes
reported by the carrier and discovered
during compliance reviews.
The concept of quantifying
compliance and safety by numerical
scores derived from data is not new to
FMCSA. While a Measurement
Component would be similar in
approach to the agency’s current system,
SAFESTAT, there are key differences. In
the Measurement Component, safety
problems would be quantified by a
greater number of behavioral areas
associated with crash involvement and
would use a broader range of available
data. The goal is to identify poor
performance early and take
interventions before small violations
become larger safety problems.
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Questions
If the CSA 2010 model were to
include a Measurement Component
with some or all of the features
described above:
1. Are the BASICs, referenced above,
sufficient for measuring the safety
performance of commercial motor
carriers and drivers? If not, what other
categories of data should be used?
2. Should the BASICs be weighted
and scored in determining an objective
measure of the safety performance of
each commercial motor vehicle driver
and carrier, if so, how? Please explain.
3. What is the appropriate historical
timeframe to use when measuring the
safety performance of CMV drivers and
carriers (how far to look back)? Should
the timeframe for carriers be different
from the timeframe for drivers? Please
explain.
4. What data should be used in each
of the BASICs to provide an objective
measure of the safety performance of
CMV drivers and carriers, and from
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which sources should these data be
obtained? Please describe.
5. What methodology should be used
to quantify the relationship between
crash causation and a given BASIC?
Please explain.
6. What other issues should the
Agency be considering with respect to
the Measurement Component?
7. What do you see as the critical
success factors for implementing a
measurement system based on data from
the BASICs? What are key potential
obstacles to implementation?
Safety Fitness Determination
Under 49 U.S.C. 31144, FMCSA is
required to ‘‘maintain by regulation a
procedure for determining the safety
fitness of an owner or operator.’’ The
CSA 2010 conceptual model could
include a Safety Fitness Determination
Component to regularly determine the
safety fitness of motor carriers and
drivers of commercial motor vehicles.
This determination could be based on
performance-based data from the
BASICs described above. This
component could also incorporate the
regulated entity’s history of responses to
prior interventions.
The Safety Fitness Determination
Component could be used to determine
whether a motor carrier, owner, or
operator can Continue to Operate or is
Unfit. On a regularly scheduled basis,
FMCSA could evaluate all safety
performance and compliance-based
BASIC scores of each regulated entity.
Safety fitness could be determined for
all carriers and drivers for which there
is sufficient data and could be
determined on a regular basis as new
data enter the operational model. A
compliance review would not be
required prior to a safety fitness
determination. FMCSA anticipates a
change of this nature would result in a
significant increase in the number of
safety fitness determinations issued by
the Agency. The safety fitness
determinations and the methodology
used would be made available to the
public, as they are today.
Currently, a safety fitness
determination results in a rating of
Satisfactory, Conditional, or
Unsatisfactory. In the operational model
under consideration, only two ratings
would be used: Continue to Operate or
Unfit. However, carriers, drivers, or
owner-operators allowed to continue
operations could be subject to a
pending, intermediary intervention, as
discussed below. Those with the most
egregious safety problems could be
deemed Unfit immediately and, in that
case, would be subject to the
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61135
prohibitions on operations contained in
49 U.S.C. 31144.
Questions
If the CSA 2010 model were to
include a Safety Fitness Determination
Component with some or all of the
features described above:
1. What other data or behavioral
factors, beyond the BASICs referenced
above, should be considered in the
safety fitness determination process for
motor carriers or drivers? What data or
behavioral factors should not be
considered and why?
2. Should some BASICs be weighted
more heavily than others? If so, which
ones and why?
3. What is the appropriate timeframe
that FMCSA should use in assessing
safety fitness (e.g., the past 18 months,
24 months, 36 months)? Please explain.
4. How often (e.g., monthly, quarterly,
annually) should FMCSA assess safety
fitness and issue safety fitness
determinations under the new
operational model? Please explain.
5. Should safety fitness
determinations be more stringent for
certain industry groups such as
passenger carriers or carriers of
hazardous materials? Why or why not?
6. Should FMCSA adopt a two-tiered
rating system (Continue to Operate or
Unfit) instead of the current three-tiered
rating system (Satisfactory, Conditional,
and Unsatisfactory)? Why or why not?
7. What other issues should the
Agency be considering with respect to
the Safety Fitness Determination
Component?
Intervention Selection and Entity
Characteristics
The CSA 2010 conceptual model
could include an Interventions
Component which would identify
appropriate FMCSA interventions for
regulated entities with specific safety
problems, depending on the outcomes
of the Safety Fitness Determination and
Measurement Components. An
intervention, as used in this context,
refers to any action FMCSA would take
to correct unsafe behavior and achieve
compliance. Aside from roadside
inspections, the primary compliance
intervention currently used is the
compliance review. In the approach
under consideration, the Agency could
have a broader array of interventions,
including: (1) Web-based education, (2)
warning letters, (3) request for
submission of documents, (4) targeted
roadside inspections, (5) focused on-site
reviews, (6) comprehensive on-site
reviews, and (7) enforcement actions.
An Interventions Component of this
nature would not necessarily rely on a
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
compliance review to determine
appropriate interventions. Measurement
and Safety Fitness Determination
Components under consideration could
allow a driver or carrier to continue
operating, but with some intermediary
intervention pending. The Interventions
Component would be designed as a tool
to support correction of unsafe behavior.
Once it has been determined that an
intervention is necessary, an
intervention could be selected to
effectively and efficiently remediate the
unsafe behavior. Interventions could be
selected according to the BASIC scores
from the Measurement and Safety
Fitness Determination components, and
the Entity Characteristics and
Interventions History Data Elements.
A Characteristics Data Element could
influence what type of intervention is
selected. For example, a motor carrier
transporting passengers could be
selected for a stronger intervention than
a general freight hauler, depending on
the circumstances involved and
available information.
Responses to prior interventions
could be considered in the selection of
future interventions through the
Interventions History Data Element.
Responses to prior interventions could
also be considered by the Safety Fitness
Determination Component.
bajohnson on PROD1PC69 with NOTICES
Questions
If the CSA 2010 model were to
include an Interventions Component
with some or all of the features
described above:
1. Would the larger set of compliance
interventions under consideration here
be more effective than the interventions
currently used by FMCSA? Please
explain.
2. Are there other types of driver and
carrier interventions not described
above that would improve motor carrier
safety? Please describe.
3. Are there specific incentives that
FMCSA could offer to encourage and
promote improved safety performance?
Please describe.
4. Should FMCSA use different
interventions and intervention
thresholds for certain carriers and
drivers, such as those involved in the
transport of passengers or hazardous
materials? Please explain.
5. Would you support a system
whereby FMCSA would declare CMV
drivers Unfit, if warranted, and the
States would suspend their driver’s
license (commercial or other)? Please
explain.
6. What other issues should the
Agency be considering with respect to
the Interventions Selection Component?
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04:06 Oct 18, 2006
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7. How should responses to FMCSA
interventions be factored into the safety
fitness determinations?
Safety Data and Tracking, Evaluation
and Data Validation
Given the data-dependent nature of
the CSA 2010 model under
consideration, data validation would be
essential. As FMCSA deploys its IT
modernization project, COMPASS, as
the IT foundation for CSA 2010, robust
data validation systems and techniques
would be employed to ensure the
accuracy and completeness of data. The
information systems supporting the CSA
2010 model eventually adopted would
examine the quality of incoming data by
checking for anomalies. As it does
currently, FMCSA would also ensure
that regulated entities would have a way
to correct data. The Agency’s DataQs
System already provides an electronic
means for filing concerns about the
Federal and State data that FMCSA
releases to the public. Through this
system, data concerns are automatically
forwarded to the appropriate office for
resolution. The system also allows filers
to monitor the status of each filing.
The Tracking, Evaluation and Data
Validation Component under
consideration could support the three
other components identified here:
Measurement, Safety Fitness
Determination, and Intervention
Selection. The information systems
supporting CSA 2010 would track
regulated entities and would associate
them with the relevant data collected by
FMCSA. Data pertaining to regulated
entities could include characteristics,
BASIC scores, safety fitness
determinations, interventions, and
responses to interventions. FMCSA is
working to replace existing paperwork
tracking systems with automated data
collection systems so that safety fitness
determinations are made with the most
current data available.
Questions
If the CSA 2010 model were to
include a safety data component with
some or all of the features described
above:
1. What safety data are available that
are not currently being used to measure
the safety performance of drivers and
carriers?
2. Are there safety data not available
that are needed for this approach to be
equitable? If so, please describe and
discuss any potential barriers to
collecting such data.
3. How could FMCSA better
incorporate data quality assurance
processes into CSA 2010?
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Frm 00123
Fmt 4703
Sfmt 4703
4. What unique identifiers should be
used to tie drivers and carriers to their
safety performance data?
5. Are there any major obstacles that
must be overcome to achieving accurate
and complete data for use in the new
operational model? Please explain.
6. What other issues should the
Agency be considering with respect to
Safety Data and Tracking, Evaluation
and Data Validation?
7. Radio frequency identification
device (RFID)-enabled license plates
could be used to identify commercial
motor vehicles at highway speeds. This
could help focus inspection and traffic
enforcement activities on unsafe or
unregistered entities. What barriers
would there be to States’ issuing RFID
enabled license plates?
Other Considerations
FMCSA is targeting full deployment
of CSA 2010 by calendar year 2010,
subject to budgetary constraints. The
following timeline provides the major
milestone dates that are planned prior to
targeted deployment:
Define operational model
2006 to 2010.
technical requirements.
Prototype 1 development
2006 to 2007.
and testing.
Pilot test development ..... 2006 to 2007.
Pilot testing ....................... 2008.
Evaluate pilot test results
2009.
Develop/define data re2006 to 2009.
sources.
Develop data systems and 2006 to 2009.
software.
Develop/draft new
2007 to 2009.
rulemakings.
Develop/draft needed leg- 2007 to 2008.
islation.
Develop/draft new poli2007 to 2009.
cies.
Training for pilot testing .. 2006 to 2007.
Training for deployment .. 2008 to 2009.
Outreach & public listenAnnually.
ing sessions.
Deploy ............................... 2010.
1 Prototype refers to testing in a laboratory
environment, whereas pilot refers to actual
testing with State partners.
Questions
1. What approaches do you
recommend FMCSA use to work closely
with its partners and stakeholders in
building the CSA 2010 operational
model? Please explain.
2. Are there certain initiatives which
would support the CSA 2010
operational model eventually adopted
that could be implemented now? Please
explain.
3. Please provide any additional
comments or information you may have
that would be relevant to the
development of the CSA 2010
operational model.
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
Issued on: October 11, 2006.
John H. Hill,
Administrator.
[FR Doc. 06–8723 Filed 10–16–06; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of Title
49 of the Code of Federal Regulations
(CFR), notice is hereby given that the
Federal Railroad Administration (FRA)
has received a request for a waiver of
compliance with certain requirements of
its safety standards. The individual
petition is described below, including
the party seeking relief, the regulatory
provisions involved, the nature of the
relief being requested, and the
petitioner’s arguments in favor of relief.
BNSF Railway Company
bajohnson on PROD1PC69 with NOTICES
Waiver Petition Docket Number FRA–
2006–25894
Part 213 of Title 49 at § 213.113(a)
states, in part ‘‘* * * when an owner of
track learns, through inspection or
otherwise, that a rail in track contains
any of the defects listed * * *,
operation over the defective rail is not
permitted until (1) The rail is replaced;
or (2) The remedial action prescribed
* * * is initiated.’’ Based on the
forgoing, when a rail flaw detector
operator picks an ultrasonic indication
for hand test verification, that indication
must be considered a defect and
remedial action taken until hand test
determines it is not a defect. BNSF
Railway Company (BNSF) believes posttest processing of detected rail-flaw data
has potential to increase rail test
productivity and therefore improve
safety by increasing frequency of testing.
BNSF is proposing a delayedverification pilot program to
demonstrate feasability and benefits of
nonstop rail flaw test with delayed
verification. BNSF proposes a delayedverification pilot program to
demonstrate feasibility and benefits of
nonstop testing with delayed
verification on its Barstow, Aurora, and
St. Croix subdivisions. The elements of
BNSF’s program pilot program are:
• If million gross tons of traffic since
last rail test is greater than 10, all
indications of possible defects will be
verified immediately.
• Indications of possible transverse
defects estimated to be greater than 25
percent will be verified immediately.
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04:06 Oct 18, 2006
Jkt 211001
• Indications of possible longitudinal
defects estimated to be greater than 2
inches will be verified immediately.
• Indications of possible bolt hole
cracks estimated to be greater than 1
inch in joint bars, and any indications
of possible bolt hole cracks not within
joint bars, will be verified immediately.
• Indications not requiring immediate
verification will be verified within 48
hours.
Since FRA has not yet completed its
investigation of BNSF’s petition, the
agency takes no position at this time on
the merits of BNSF’s stated
justifications.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number 2006–25894)
and must be submitted to the Docket
Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. Communications received within
45 days of the date of this notice will
be considered by FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://dms.dot.gov.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000, (Volume
65, Number 70; Pages 19477–78). The
statement may also be found at https://
dms.dot.gov.
Issued in Washington, DC, October 11,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–17165 Filed 10–16–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
61137
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Pioneer Valley Railroad (PVRR)
Waiver Petition Docket Number FRA–
2000–7094
The Pioneer Valley Railroad (PVRR)
has petitioned for a continued waiver of
compliance for train employees from the
requirements of 49 U.S.C. 21103(a), the
Federal hours of service law (HSL). This
provision requires the railroad to
neither require nor allow train
employees to begin or remain on duty
in excess of 12 hours in a 24-hour
period without receiving the
appropriate 8 or 10-hour statutory offduty period. However, the HSL contains
an exemption (49 U.S.C. 21102(b))
permitting a railroad, that employs not
more than 15 employees subject to the
statute to seek an exemption from the
12-hour limitation. PVRR states that it is
not its intention to employ a train crew
over 12 hours per day under normal
circumstances, but this exemption, if
continued, would help its operation if
unusual operating conditions are
encountered.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number 2000–7094) and
must be submitted to the Docket Clerk,
DOT Docket Management Facility,
Room PL–401 (Plaza Level), 400 7th
Street, SW., Washington, DC 20590.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
E:\FR\FM\17OCN1.SGM
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Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Notices]
[Pages 61131-61137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8723]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2004-18898]
Comprehensive Safety Analysis 2010 Initiative
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Notice of public listening session.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) is
holding a public listening session to obtain feedback on the Agency's
Comprehensive Safety Analysis 2010 initiative (CSA 2010), a
comprehensive review and analysis of FMCSA's current commercial motor
carrier safety and enforcement programs. FMCSA will use the upcoming
listening session to inform the public on the conceptual direction and
progress of CSA 2010, and obtain feedback from its partners and
stakeholders. To facilitate the upcoming listening session, FMCSA has
included in this notice a number of questions that commenters are
invited to address.
DATES: The Public Listening Session will be held on November 16, 2006
from 8 a.m. to 1:30 p.m. Written comments must be received by December
18, 2006.
Location: The Public Listening Session will be held at the Hyatt
Regency on Capitol Hill, 400 New Jersey Avenue, NW., Washington, DC
20001. The telephone number is (202) 737-1234.
ADDRESSES: You may submit comments identified by DOT Docket Management
System (DMS) docket number FMCSA-2004-18898, using any of the following
methods:
Web site: https://dmses.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Federal e-Rulemaking Portal: Go to https://www.regulations.gov.
Follow the online instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Cathy McNair, Assistant Program
Manager, CSA 2010, (202) 366-0790.
SUPPLEMENTARY INFORMATION: Format of Listening Session: During the
Public Listening Session, FMCSA will describe its progress on CSA 2010
to date. FMCSA will accept comments on the CSA 2010 operational model
and any additional information FMCSA should consider to promote the
success of the CSA 2010 initiative.
The listening session will run from 8 a.m. to 1:30 p.m. Participant
registration will be from 8 a.m. to 9 a.m. The session will include a
morning plenary session (9 a.m.) and four facilitated breakout sessions
(10:15 a.m. to 1:30 p.m.), related to the CSA 2010 operational model:
(1) Measurement, (2) Safety Fitness Determination, (3) Intervention
Selection, and (4) Safety Data and Validation. Attendees will be able
to participate in one of the breakout sessions and will have an
opportunity to comment on the key questions listed herein by topic, as
well as hear the comments of other stakeholders assigned to the topic.
More details on this process are included in the on-line pre-
registration site.
[[Page 61132]]
Registration information and instructions: To attend the listening
session, attendees can register online at https://www.csa2010.com. In
addition to registration information, the registration Web site
provides additional location and agenda details. To register, click the
Register button on the left side of the homepage to display the online
registration form. The registration form requests information about the
attendee and breakout session preference. Due to size and space
limitations, attendees may not be assigned to their first breakout
session preference; however, FMCSA will strive to accommodate
attendees' first or second choice. Once the form is complete, submit
the form to complete the registration process and a registration
confirmation will appear. If there are any questions, or if you prefer
to register via telephone, please contact admin@csa2010.com or
telephone (301) 495-8458.
Instructions for submitting written comments: Comments regarding
CSA 2010 can also be filed with the Department of Transportation's
Docket Management System (DMS). All submissions must include the Agency
name and docket number for this Notice. Note that all comments received
will be posted without change to https://dms.dot.gov, including any
personal information provided. Please see the Privacy Statement heading
for further information.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or the docket
(see ADDRESSES section above). If you want us to notify you that we
received your comments, please include a self-addressed, stamped
envelope, postcard, or print the acknowledgement page that appears
after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the Department of Transportation's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477; Apr. 11, 2000). This information is also available at https://
dms.dot.gov.
Background
In August 2004, FMCSA embarked on CSA 2010--a comprehensive review
and analysis of FMCSA's current commercial motor vehicle safety
compliance and enforcement programs (69 FR 51748, August 20, 2004). The
goal of CSA 2010 is the development and deployment of a new operational
model, a new approach to using FMCSA resources to identify drivers and
operators that pose safety problems and to intervene to address those
problems. FMCSA understands how important it is to the success of this
initiative to obtain active and timely feedback from its partners and
stakeholders. The Agency held a series of public listening sessions on
CSA 2010 in September and October of 2004. These sessions were designed
to collect public input regarding ways FMCSA could improve its process
of monitoring and assessing the safety performance of the commercial
motor carrier industry. Participants were a cross section of
individuals including industry executives, truck and bus drivers,
insurance and safety advocacy groups, State and local government
officials, and enforcement professionals. FMCSA was encouraged that the
majority of participants supported the agency's goal of improving the
current process through the CSA 2010 initiative.
During the 2004 listening sessions, the stakeholder community
expressed many different opinions regarding the various entities,
activities, and environmental factors that contribute to safety. The
sessions highlighted that safety indicators can be difficult to
identify and measure. Participants also commented on the effectiveness
of current processes and offered creative ideas for FMCSA to consider
when crafting new policies and processes. For example, in almost every
listening session, participants suggested using incentives rather than
penalties to encourage safe behavior. Participants expressed a strong
interest in comprehensive, consistent, relevant, and accurate data that
are easily accessible to all. Some participants expressed a willingness
to self-disclose data and to help keep safety data current. For further
detail on the public listening sessions, visit FMCSA's Web site at
https://www.fmcsa.dot.gov/safety-security/csalisteningsessions.htm and
see the final report, ``Comprehensive Safety Analysis Listening
Sessions.''
On July 20, 1998, the Agency issued an Advanced Notice of Proposed
Rulemaking (ANPRM), entitled ``Safety Fitness Procedures'' (63 FR
38788), seeking comments and supporting data on the issues that should
be considered in developing a future safety fitness rating system. Many
of the participants in the 2004 listening sessions suggested that FMCSA
delay publishing a notice of proposed rulemaking until the Agency makes
its final decisions regarding its long-term plan for monitoring safety
under CSA 2010. Accordingly, the Agency withdrew the ANPRM (70 FR
67405, November 7, 2005).
Recently, FMCSA requested comments from the public on planned
improvements to the Agency's Motor Carrier Safety Status Measurement
System (SAFESTAT) algorithm (71 FR 36170, May 3, 2006). The SAFESTAT
system analyzes current and historical safety performance and
compliance information to rank the relative safety fitness of
commercial motor carriers. SAFESTAT enables FMCSA to quantify and
monitor trends in the safety status of individual motor carriers. FMCSA
focuses compliance review and roadside inspection resources on carriers
posing the greatest potential safety risk. SAFESTAT involves
analytically assessing a motor carrier in four Safety Evaluation Areas
(SEAs), including: (1) Accident, (2) Driver, (3) Vehicle, and (4)
Safety Management. The Agency has proposed improvements that would
simplify the Accident SEA, increase the relevance of moving violations
in the Driver SEA, include in the Vehicle SEA vehicle out-of-service
violations from inspections marked as driver-only, and shorten the data
exposure time period considered by SAFESTAT from 30 months to 24
months. The proposed improvements are intended to make the algorithm
more effective in identifying motor carriers that pose a high crash
risk. The proposed changes are also consistent with FMCSA's CSA 2010
initiative. The ultimate goal of CSA 2010 is development of an optimal
operational model that will allow FMCSA to focus its limited resources
on improving the safety performance of high-risk operators. The comment
period closed July 3, 2006.
The results of FMCSA's recent Large Truck Crash Causation Study
also provide important input for the development of a new operational
model. This study was the first nationwide examination focused on pre-
crash factors. Study findings indicate that drivers of large trucks and
other vehicles involved in truck crashes are ten times more likely to
be the cause of the crash than other factors, such as weather, road
conditions, and vehicle performance. These results suggest that efforts
to assess safety performance and to apply interventions to improve
performance should focus on drivers. Among the changes under
consideration in CSA 2010 are several that would improve the data
collected on drivers and would add interventions applicable to
individual drivers. Additional information on the Large Truck Crash
Causation Study is available at https://www.fmcsa.dot.gov.
[[Page 61133]]
Upcoming Listening Session: The purpose of the upcoming listening
session is for FMCSA to update its stakeholders and partners on the
progress that has been made since the listening sessions in 2004. To
facilitate the upcoming listening session, FMCSA has included in this
notice a number of questions designed to elicit input on possible
features of the CSA 2010 operational model. In responding to the
questions commenters are requested to provide supporting rationale, and
supporting documentation wherever possible. FMCSA plans to hold annual
CSA 2010 listening sessions to continue the process of updating
partners and stakeholders and receiving feedback.
Current Operational Model: To understand FMCSA's goals for
assessing and improving motor carrier safety, it is important to
understand the Agency's current process. FMCSA currently collects
several kinds of data on motor carriers, including Federal and State
information on crashes and roadside inspections, results of on-site
compliance reviews, and enforcement actions. FMCSA uses the data to (1)
determine which motor carriers should be selected for on-site
compliance reviews, and (2) determine the safety fitness of motor
carriers. To analyze the data it collects, the Agency uses SAFESTAT.
Each month, SAFESTAT generates a list of high-priority motor
carriers for which FMCSA plans compliance review visits. In selecting
motor carriers for compliance reviews, SAFESTAT works with four SEAs
referenced above: (1) Accident, (2) Driver, (3) Vehicle, and (4) Safety
Management. For a full description of the SAFESTAT methodology, visit
FMCSA's Web site at: https://ai.fmcsa.dot.gov.
FMCSA issues a safety fitness determination and a corresponding
safety rating as a result of an on-site compliance review (CR). The CR
assesses whether a commercial motor carrier's safety management
controls are functioning effectively to ensure acceptable compliance
with the safety fitness standard found at 49 CFR 385.5. Currently, the
safety ratings that result from a CR are Satisfactory, Conditional, or
Unsatisfactory. FMCSA may take enforcement actions against a motor
carrier as a result of the CR.
Limitations of the Current Operational Model
FMCSA's compliance and safety programs improve and promote safety
performance. However, despite increases in the regulated population, as
well as increased programmatic responsibilities, Agency resources
available for these efforts have remained relatively constant over
time. In its present structure, FMCSA's CR program is resource-
intensive and reaches only a small percentage of motor carriers. On-
site CRs take one safety investigator an average of 3 to 4 days to
complete, and thereby determine a motor carrier's safety fitness. At
present staffing levels FMCSA can perform CRs on only a small portion
of the 700,000 active interstate motor carriers. These factors have
made it increasingly difficult to make sustained improvements to motor
carrier safety using existing programs and information systems. In
addition, the Large Truck Crash Causation Study clearly indicates that
increased attention should be given to drivers. Although FMCSA
determines, to a limited extent, the compliance and safety of
commercial motor vehicle drivers and pursues enforcement against them
if warranted, current FMCSA systems do not evaluate the safety fitness
of individual commercial motor vehicle drivers.
For these reasons FMCSA is exploring ways through CSA 2010 to
improve its current processes for monitoring and assessing the safety
performance of motor carriers and drivers.
New Operational Model--CSA 2010
The goal of CSA 2010 is to develop a new approach to assessing the
motor carrier safety performance of a larger segment of the motor
carrier industry, while optimizing the use of Agency resources. CSA
2010 is designed to help FMCSA affect a larger number of motor carriers
and drivers using a broader array of compliance interventions. In
conceptualizing a new operational model, FMCSA began with a list of
ideal attributes and components that it believes should be part of any
model for safety oversight:
Flexible--Adaptable to Changing Environment. Accommodate changes to
the transportation environment, such as evolutions in technology and
changing programmatic responsibilities.
Efficient--Maximize Use of Resources. Produce greater efficiencies
by maximizing use of resources to improve Agency productivity, as well
as the safety performance of members of the motor carrier community.
Effective--Improve Safety Performance. Increase the quality of
contact with the motor carrier community by identifying those behaviors
associated with poor safety, and focusing compliance and safety efforts
on those unsafe behaviors.
Innovative--Leverage Data and Technology. Improve safety by
innovative use of data and technology to leverage its impact. Improve
timeliness and accuracy of data used for determining safety fitness,
and pursuing enforcement actions against unsafe entities of the motor
carrier community. A key factor to the success of this component is the
information technology/business transformation project COMPASS. More
information on COMPASS is available at https://www.fmcsa.dot.gov.
Equitable--Fair and Unbiased. Assess and evaluate motor carrier
safety and enforce federal laws and safety regulations to ensure
consistent treatment of similarly situated members of the motor carrier
community.
[[Page 61134]]
[GRAPHIC] [TIFF OMITTED] TN17OC06.063
One conceptual operational model for CSA 2010 shown here would
measure safety performance and compliance, determine safety fitness,
recommend interventions, apply interventions, and track and evaluate
safety improvements for FMCSA regulated entities. The model would
continuously evaluate and monitor regulated entities' compliance and
safety performance. It would be significantly different from the
current model in that the safety fitness determination made under CSA
2010 would be independent of the compliance review. The safety fitness
determination would be based on performance data and would lead to a
broader array of compliance interventions.
A conceptual model of this nature would be composed of four
integrated and independent components: (1) Measurement, (2) Safety
Fitness Determination, (3) Intervention Selection, and (4) Tracking,
Evaluation and Data Validation. These four components are represented
as diamonds in the Operational Model Concept diagram above. Components
are the portions of the operational model in which a distinct action
would occur. These components would be supported by three data elements
that are represented by boxes in the diagram. They are (1) Safety Data,
(2) Intervention History, and (3) Entity Characteristics. Components
and elements identified to date which could be supportive of the CSA
2010 initiative are described in greater detail below.
Measurement
A Measurement Component could collect, categorize, analyze, and
score safety data on regulated entities. It could automatically
categorize data into behavioral areas, examples of which are identified
below as Behavioral Analysis and Safety Improvement Categories or
BASICs. BASICs would represent behaviors that lead to or increase the
consequences of crashes. Rather than rely on the results of a
compliance review, FMCSA could use motor carrier or driver performance
data in the identified behavioral areas to determine safety fitness.
The Measurement Component could be supported by the Safety Data
Element, which would include data from past interventions, crashes,
motor vehicle/driver inspections, and other data sources. The goal of
such a system would be to provide an objective, performance-based
measure for each motor carrier and driver. The measurement could be
regularly updated and made publicly available. Among the BASICs
currently under consideration to generate this measure are:
1. Unsafe Driving--Dangerous or careless operation of commercial
motor vehicles. Data would include driver traffic violations and
convictions for speeding, reckless driving, improper lane change,
inattention, and other unsafe driving behavior.
2. Fatigued Driving--Driving commercial motor vehicles when
fatigued. This would be distinguished from incidents where
unconsciousness or an inability to react is brought about by the use of
alcohol, drugs, or other controlled substances. Data would include (1)
hours-of-service violations discovered during a compliance review,
focused review, roadside inspection, or post-crash inspection, and (2)
crash reports with driver fatigue as a contributing factor.
3. Driver Fitness--Operation of commercial motor vehicles (CMVs) by
drivers who are unfit to operate a CMV due to lack of training,
experience, or medical qualification. Data would include (1) inspection
violations for failure to have a valid and appropriate commercial
driver's license, or medical or training documentation, (2) crash
reports citing a lack of experience or medical reason as a cause or
contributory factor, and (3) violations from a compliance review or
focused review for failure to maintain proper driver qualification
files, or use of unqualified drivers.
4. Controlled Substances and Alcohol--Operation of a CMV while
impaired due to alcohol, illegal drugs, and misuse of prescription
medications or over-the-counter medications. Data would include (1)
roadside violations involving controlled substances or alcohol, (2)
crash reports citing driver impairment or intoxication as a cause, (3)
positive drug or alcohol test results on drivers, and (4) lack of
appropriate testing or other deficiencies in motor carrier controlled
substances and alcohol testing programs.
5. Vehicle Maintenance--CMV failure due to improper or inadequate
maintenance. Data would include (1) roadside violations for brakes,
lights,
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and other mechanical defects, (2) crash reports citing a mechanical
failure as a contributing factor, or (3) violations from a compliance
review or focused review associated with pre-trip inspections,
maintenance records, and repair records.
6. Improper Loading/Cargo Securement--Shifting loads, spilled or
dropped cargo, and unsafe handling of hazardous materials. Data would
include (1) roadside inspection violations pertaining to load
securement, cargo retention, and hazardous material handling, and (2)
crash reports citing shifting loads, or spilled/dropped cargo as a
cause or contributing factor.
7. Crash/Incident Experience--Histories or patterns of high crash
involvement, including frequency and severity. Data would include law
enforcement crash reports and crashes reported by the carrier and
discovered during compliance reviews.
The concept of quantifying compliance and safety by numerical
scores derived from data is not new to FMCSA. While a Measurement
Component would be similar in approach to the agency's current system,
SAFESTAT, there are key differences. In the Measurement Component,
safety problems would be quantified by a greater number of behavioral
areas associated with crash involvement and would use a broader range
of available data. The goal is to identify poor performance early and
take interventions before small violations become larger safety
problems.
Questions
If the CSA 2010 model were to include a Measurement Component with
some or all of the features described above:
1. Are the BASICs, referenced above, sufficient for measuring the
safety performance of commercial motor carriers and drivers? If not,
what other categories of data should be used?
2. Should the BASICs be weighted and scored in determining an
objective measure of the safety performance of each commercial motor
vehicle driver and carrier, if so, how? Please explain.
3. What is the appropriate historical timeframe to use when
measuring the safety performance of CMV drivers and carriers (how far
to look back)? Should the timeframe for carriers be different from the
timeframe for drivers? Please explain.
4. What data should be used in each of the BASICs to provide an
objective measure of the safety performance of CMV drivers and
carriers, and from which sources should these data be obtained? Please
describe.
5. What methodology should be used to quantify the relationship
between crash causation and a given BASIC? Please explain.
6. What other issues should the Agency be considering with respect
to the Measurement Component?
7. What do you see as the critical success factors for implementing
a measurement system based on data from the BASICs? What are key
potential obstacles to implementation?
Safety Fitness Determination
Under 49 U.S.C. 31144, FMCSA is required to ``maintain by
regulation a procedure for determining the safety fitness of an owner
or operator.'' The CSA 2010 conceptual model could include a Safety
Fitness Determination Component to regularly determine the safety
fitness of motor carriers and drivers of commercial motor vehicles.
This determination could be based on performance-based data from the
BASICs described above. This component could also incorporate the
regulated entity's history of responses to prior interventions.
The Safety Fitness Determination Component could be used to
determine whether a motor carrier, owner, or operator can Continue to
Operate or is Unfit. On a regularly scheduled basis, FMCSA could
evaluate all safety performance and compliance-based BASIC scores of
each regulated entity. Safety fitness could be determined for all
carriers and drivers for which there is sufficient data and could be
determined on a regular basis as new data enter the operational model.
A compliance review would not be required prior to a safety fitness
determination. FMCSA anticipates a change of this nature would result
in a significant increase in the number of safety fitness
determinations issued by the Agency. The safety fitness determinations
and the methodology used would be made available to the public, as they
are today.
Currently, a safety fitness determination results in a rating of
Satisfactory, Conditional, or Unsatisfactory. In the operational model
under consideration, only two ratings would be used: Continue to
Operate or Unfit. However, carriers, drivers, or owner-operators
allowed to continue operations could be subject to a pending,
intermediary intervention, as discussed below. Those with the most
egregious safety problems could be deemed Unfit immediately and, in
that case, would be subject to the prohibitions on operations contained
in 49 U.S.C. 31144.
Questions
If the CSA 2010 model were to include a Safety Fitness
Determination Component with some or all of the features described
above:
1. What other data or behavioral factors, beyond the BASICs
referenced above, should be considered in the safety fitness
determination process for motor carriers or drivers? What data or
behavioral factors should not be considered and why?
2. Should some BASICs be weighted more heavily than others? If so,
which ones and why?
3. What is the appropriate timeframe that FMCSA should use in
assessing safety fitness (e.g., the past 18 months, 24 months, 36
months)? Please explain.
4. How often (e.g., monthly, quarterly, annually) should FMCSA
assess safety fitness and issue safety fitness determinations under the
new operational model? Please explain.
5. Should safety fitness determinations be more stringent for
certain industry groups such as passenger carriers or carriers of
hazardous materials? Why or why not?
6. Should FMCSA adopt a two-tiered rating system (Continue to
Operate or Unfit) instead of the current three-tiered rating system
(Satisfactory, Conditional, and Unsatisfactory)? Why or why not?
7. What other issues should the Agency be considering with respect
to the Safety Fitness Determination Component?
Intervention Selection and Entity Characteristics
The CSA 2010 conceptual model could include an Interventions
Component which would identify appropriate FMCSA interventions for
regulated entities with specific safety problems, depending on the
outcomes of the Safety Fitness Determination and Measurement
Components. An intervention, as used in this context, refers to any
action FMCSA would take to correct unsafe behavior and achieve
compliance. Aside from roadside inspections, the primary compliance
intervention currently used is the compliance review. In the approach
under consideration, the Agency could have a broader array of
interventions, including: (1) Web-based education, (2) warning letters,
(3) request for submission of documents, (4) targeted roadside
inspections, (5) focused on-site reviews, (6) comprehensive on-site
reviews, and (7) enforcement actions.
An Interventions Component of this nature would not necessarily
rely on a
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compliance review to determine appropriate interventions. Measurement
and Safety Fitness Determination Components under consideration could
allow a driver or carrier to continue operating, but with some
intermediary intervention pending. The Interventions Component would be
designed as a tool to support correction of unsafe behavior. Once it
has been determined that an intervention is necessary, an intervention
could be selected to effectively and efficiently remediate the unsafe
behavior. Interventions could be selected according to the BASIC scores
from the Measurement and Safety Fitness Determination components, and
the Entity Characteristics and Interventions History Data Elements.
A Characteristics Data Element could influence what type of
intervention is selected. For example, a motor carrier transporting
passengers could be selected for a stronger intervention than a general
freight hauler, depending on the circumstances involved and available
information.
Responses to prior interventions could be considered in the
selection of future interventions through the Interventions History
Data Element. Responses to prior interventions could also be considered
by the Safety Fitness Determination Component.
Questions
If the CSA 2010 model were to include an Interventions Component
with some or all of the features described above:
1. Would the larger set of compliance interventions under
consideration here be more effective than the interventions currently
used by FMCSA? Please explain.
2. Are there other types of driver and carrier interventions not
described above that would improve motor carrier safety? Please
describe.
3. Are there specific incentives that FMCSA could offer to
encourage and promote improved safety performance? Please describe.
4. Should FMCSA use different interventions and intervention
thresholds for certain carriers and drivers, such as those involved in
the transport of passengers or hazardous materials? Please explain.
5. Would you support a system whereby FMCSA would declare CMV
drivers Unfit, if warranted, and the States would suspend their
driver's license (commercial or other)? Please explain.
6. What other issues should the Agency be considering with respect
to the Interventions Selection Component?
7. How should responses to FMCSA interventions be factored into the
safety fitness determinations?
Safety Data and Tracking, Evaluation and Data Validation
Given the data-dependent nature of the CSA 2010 model under
consideration, data validation would be essential. As FMCSA deploys its
IT modernization project, COMPASS, as the IT foundation for CSA 2010,
robust data validation systems and techniques would be employed to
ensure the accuracy and completeness of data. The information systems
supporting the CSA 2010 model eventually adopted would examine the
quality of incoming data by checking for anomalies. As it does
currently, FMCSA would also ensure that regulated entities would have a
way to correct data. The Agency's DataQs System already provides an
electronic means for filing concerns about the Federal and State data
that FMCSA releases to the public. Through this system, data concerns
are automatically forwarded to the appropriate office for resolution.
The system also allows filers to monitor the status of each filing.
The Tracking, Evaluation and Data Validation Component under
consideration could support the three other components identified here:
Measurement, Safety Fitness Determination, and Intervention Selection.
The information systems supporting CSA 2010 would track regulated
entities and would associate them with the relevant data collected by
FMCSA. Data pertaining to regulated entities could include
characteristics, BASIC scores, safety fitness determinations,
interventions, and responses to interventions. FMCSA is working to
replace existing paperwork tracking systems with automated data
collection systems so that safety fitness determinations are made with
the most current data available.
Questions
If the CSA 2010 model were to include a safety data component with
some or all of the features described above:
1. What safety data are available that are not currently being used
to measure the safety performance of drivers and carriers?
2. Are there safety data not available that are needed for this
approach to be equitable? If so, please describe and discuss any
potential barriers to collecting such data.
3. How could FMCSA better incorporate data quality assurance
processes into CSA 2010?
4. What unique identifiers should be used to tie drivers and
carriers to their safety performance data?
5. Are there any major obstacles that must be overcome to achieving
accurate and complete data for use in the new operational model? Please
explain.
6. What other issues should the Agency be considering with respect
to Safety Data and Tracking, Evaluation and Data Validation?
7. Radio frequency identification device (RFID)-enabled license
plates could be used to identify commercial motor vehicles at highway
speeds. This could help focus inspection and traffic enforcement
activities on unsafe or unregistered entities. What barriers would
there be to States' issuing RFID enabled license plates?
Other Considerations
FMCSA is targeting full deployment of CSA 2010 by calendar year
2010, subject to budgetary constraints. The following timeline provides
the major milestone dates that are planned prior to targeted
deployment:
Define operational model technical 2006 to 2010.
requirements.
Prototype \1\ development and testing.. 2006 to 2007.
Pilot test development................. 2006 to 2007.
Pilot testing.......................... 2008.
Evaluate pilot test results............ 2009.
Develop/define data resources.......... 2006 to 2009.
Develop data systems and software...... 2006 to 2009.
Develop/draft new rulemakings.......... 2007 to 2009.
Develop/draft needed legislation....... 2007 to 2008.
Develop/draft new policies............. 2007 to 2009.
Training for pilot testing............. 2006 to 2007.
Training for deployment................ 2008 to 2009.
Outreach & public listening sessions... Annually.
Deploy................................. 2010.
\1\ Prototype refers to testing in a laboratory environment, whereas
pilot refers to actual testing with State partners.
Questions
1. What approaches do you recommend FMCSA use to work closely with
its partners and stakeholders in building the CSA 2010 operational
model? Please explain.
2. Are there certain initiatives which would support the CSA 2010
operational model eventually adopted that could be implemented now?
Please explain.
3. Please provide any additional comments or information you may
have that would be relevant to the development of the CSA 2010
operational model.
[[Page 61137]]
Issued on: October 11, 2006.
John H. Hill,
Administrator.
[FR Doc. 06-8723 Filed 10-16-06; 8:45 am]
BILLING CODE 4910-EX-P