Potential Benefits and Feasibility of Voluntary Compliance; Public Listening Sessions, 14206-14208 [2016-05928]
Download as PDF
14206
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
him in 2015 and certified that he does
not have diabetic retinopathy. He holds
a Class A CDL from New York.
mstockstill on DSK4VPTVN1PROD with NOTICES
III. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 U.S.C.. 31136 (e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
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18:11 Mar 15, 2016
Jkt 238001
IV. Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2015–0343 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope.
We will consider all comments and
material received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2015–0343 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–05897 Filed 3–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0124]
Potential Benefits and Feasibility of
Voluntary Compliance; Public
Listening Sessions
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of public listening
sessions; request for comments.
AGENCY:
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Frm 00128
Fmt 4703
Sfmt 4703
FMCSA announces two
public listening sessions, on April 1 and
25, 2016, to solicit information on the
potential benefits and feasibility of
voluntary compliance and ways to
credit carriers and drivers who initiate
and establish programs that promote
safety beyond the standards established
in FMCSA regulations. The recently
enacted Fixing America’s Surface
Transportation (FAST) Act mandates
that the FMCSA Administrator allow
recognition for a motor carrier that
installs advanced safety equipment,
enhanced driver fitness measures, fleet
safety management tools, technologies,
and programs and other standards for
use by motor carriers to receive
recognition, including credit or an
improved Safety Measurement System
(SMS) percentile. FMCSA is soliciting
comments to develop a process for
identifying and reviewing these
opportunities to provide credit to those
carriers and drivers who go above and
beyond the regulatory requirements.
The listening sessions are intended to
provide interested parties with an
opportunity to share their views on this
topic with Agency representatives,
along with any data or analysis they
may have. All comments will be
transcribed and placed in the docket
referenced above for FMCSA’s
consideration. The entire proceedings of
both meetings will be webcast.
DATES: This docket will remain open
indefinitely.
The listening sessions will be held on
Friday, April 1, 2016, from 10:00 a.m. to
Noon and 1:15 p.m. to 3 p.m., Local
Time, and on Monday, April 25, 2016,
from 9:30 a.m. to 11:30 a.m. and 1:30
p.m. to 3:30 p.m., Local Time. If all
interested parties have had the
opportunity to comment, the sessions
may conclude early.
ADDRESSES: The April 1, 2016, listening
session will be held at the Mid-America
Trucking Show at the Kentucky Expo
Center, 938 Phillips Lane, Louisville,
KY. The April 25, 2016, session will be
held at the Commercial Vehicle Safety
Alliance Spring 2016 Workshop at the
Sheraton Grand Chicago, 301 East North
Water Street, Chicago, IL. In addition to
attending the session in person, the
Agency offers several ways to provide
comments, as described below.
Internet Address for Live Webcast.
FMCSA will post specific information
on how to participate via the Internet on
the FMCSA Web site at
www.fmcsa.dot.gov/calendar in advance
of the listening session.
You may submit comments identified
by Docket Number FMCSA–2015–0124
using any of the following methods:
SUMMARY:
E:\FR\FM\16MRN1.SGM
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue SE., West Building, Ground
Floor, Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT:
For information about the listening
sessions: Ms. Shannon L. Watson,
Senior Policy Advisor, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington,
DC 20590 or by telephone at 202–366–
2551.
If you need sign language
interpretation or any other accessibility
accommodation, please contact Ms.
Watson by Friday, March 18, 2016, to
allow us to arrange for such services.
FMCSA cannot guarantee that
interpreter services requested on short
notice will be provided.
For other information about the
Beyond Compliance program: Ms.
Theresa Rowlett, (202) 366–6406,
theresa.rowlett@dot.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2015–0124), indicate
the specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2015–0124, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
VerDate Sep<11>2014
18:11 Mar 15, 2016
Jkt 238001
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
We will consider all comments and
material received during the comment
period and may draft a notice of
proposed rulemaking based on your
comments and other information and
analysis.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2015–0124, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., E.T., Monday through
Friday, except Federal holidays.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
I. Background
The trucking and bus industries and
the U.S. Department of Transportation
have invested in the research,
development, and testing of strategies
and technologies to reduce truck and
bus crashes. In September 2014, the
Commercial Vehicle Safety Alliance
(CVSA) submitted a request to FMCSA
to consider initiating a pilot program to
investigate the benefits and feasibility of
a voluntary compliance program. Citing
research that has been underway for
several years, the Agency established an
Alternative Compliance team in
December 2014, the goal of which was
to analyze the concept and gather data
to support how it might be developed
and implemented.
On March 30–31, 2015, the Agency’s
Motor Carrier Safety Advisory
Committee (MCSAC) deliberated on the
potential benefits and feasibility of a
voluntary compliance program and
ways to credit carriers and drivers who
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
14207
initiate and establish programs that
promote safety beyond FMCSA’s
regulations. MCSAC completed its
deliberations during its June 15–16,
2015, meeting and subsequently
submitted its final report on Task 15–1
to the Agency on September 21, 2015.
A copy of the report is posted at the
MCSAC’s Web site, https://
www.fmcsa.dot.gov/mcsac.
On April 23, 2015 (80 FR 22770), the
Agency published a notice requesting
responses to specific questions and any
supporting data the Agency should
consider in the potential development
of a Beyond Compliance program.1 The
notice indicated that Beyond
Compliance would include voluntary
programs implemented by motor
carriers that exceed regulatory
requirements and improve the safety of
commercial motor vehicles and drivers
operating on the Nations’ roadways by
reducing the number and severity of
crashes. Beyond Compliance would not
result in regulatory relief.
Section 5222 of the recently enacted
the Fixing America’s Surface
Transportation Act (Pub. L. 114–94,
Dec. 4, 2015, 129 Stat. 1312) (FAST Act)
mandates that the FMCSA
Administrator allow recognition for a
motor carrier that installs advanced
safety equipment, enhanced driver
fitness measures, fleet safety
management tools, technologies, and
programs and other standards for use by
motor carriers to receive recognition,
including credit or an improved SMS
percentile. This provision requires the
Administrator, after providing notice
and comment, to develop a process for
identifying and reviewing these
opportunities to provide credit to those
carriers and drivers who go above and
beyond the regulatory requirements.
FMCSA held similar listening
sessions on January 12, 2016, at the
American Bus Association’s (ABA)
Marketplace in Louisville, Kentucky,
and on January 31, 2016, at the United
Motorcoach Association (UMA) Expo
2016 in Atlanta, Georgia.
II. Meeting Participation and
Information FMCSA Seeks From the
Public
The listening session is open to the
public. Speakers should try to limit
their remarks to 3–5 minutes. No
preregistration is required. Attendees
may submit material to the FMCSA staff
at the session for inclusion in the pubic
docket referenced at the beginning of
this notice.
1 See https://www.gpo.gov/fdsys/pkg/FR-2015-0423/pdf/2015-09463.pdf or https://
www.fmcsa.dot.gov/regulations/notices/201509463.
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
Those participating in the webcast
will have the opportunity to submit
comments online that will be read aloud
at the session along with those
comments made in the meeting rooms
in Louisville and Chicago. FMCSA will
docket the transcripts of the webcast, a
separate transcription of each listening
session prepared by an official court
reporter, and all other materials
submitted to FMCSA personnel.
FMCSA would like to know the views
of the public on the concept, with any
data or analysis to support it, with
regard to 3 basic areas: (1) What
voluntary technologies or safety
program best practices would be
appropriate for beyond compliance; (2)
What type of incentives would
encourage motor carriers to invest in
technologies and best practices
programs; and (3) How FMCSA would
verify that the voluntary technologies or
safety programs are being implemented.
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–05928 Filed 3–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0111]
Hours of Service of Drivers:
Application for Renewal of Illumination
Fireworks, LLC and ACE Pyro, LLC
Exemptions From the 14-Hour Rule
During Independence Day Celebrations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
renewal of exemption; request for
comments.
AGENCY:
FMCSA announces that it has
received an application from
Illumination Fireworks, LLC and ACE
Pyro, LLC (applicants) for a renewal of
their exemption from the requirement
that drivers of commercial motor
vehicles (CMVs) must not drive
following the 14th hour after coming on
duty. The applicants requested the
exemption for the period of June 28–
July 8, for the next five years (2016–
2020) inclusive. The applicants were
previously granted an exemption for
drivers of 50 CMVs during the
Independence Day period of June 28,
2015–July 8, 2015. The exemption
would apply solely to the operation of
drivers of 50 CMVs employed by the
applicants in conjunction with staging
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SUMMARY:
VerDate Sep<11>2014
18:11 Mar 15, 2016
Jkt 238001
fireworks shows celebrating
Independence Day during the proposed
periods. During these periods, the CMV
drivers employed by the applicants
would be allowed to exclude off-duty
and sleeper-berth time of any length
from the calculation of the 14 hours.
These drivers would not be allowed to
drive after accumulating a total of 14
hours of on-duty time, following 10
consecutive hours off duty, and would
continue to be subject to the 11-hour
driving time limit, and the 60- and 70hour on-duty limits. The applicants
maintain that the terms and conditions
of the limited exemption would ensure
a level of safety equivalent to or greater
than the level of safety achieved without
the exemption.
DATES: Comments must be received on
or before April 15, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2014–0111 using any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
If you want acknowledgment that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Ms. Pearlie Robinson, FMCSA
Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202–366–
4325. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2014–0111), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2014–0111’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
and may grant or not grant this
application based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
E:\FR\FM\16MRN1.SGM
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Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14206-14208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05928]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0124]
Potential Benefits and Feasibility of Voluntary Compliance;
Public Listening Sessions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of public listening sessions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces two public listening sessions, on April 1 and
25, 2016, to solicit information on the potential benefits and
feasibility of voluntary compliance and ways to credit carriers and
drivers who initiate and establish programs that promote safety beyond
the standards established in FMCSA regulations. The recently enacted
Fixing America's Surface Transportation (FAST) Act mandates that the
FMCSA Administrator allow recognition for a motor carrier that installs
advanced safety equipment, enhanced driver fitness measures, fleet
safety management tools, technologies, and programs and other standards
for use by motor carriers to receive recognition, including credit or
an improved Safety Measurement System (SMS) percentile. FMCSA is
soliciting comments to develop a process for identifying and reviewing
these opportunities to provide credit to those carriers and drivers who
go above and beyond the regulatory requirements. The listening sessions
are intended to provide interested parties with an opportunity to share
their views on this topic with Agency representatives, along with any
data or analysis they may have. All comments will be transcribed and
placed in the docket referenced above for FMCSA's consideration. The
entire proceedings of both meetings will be webcast.
DATES: This docket will remain open indefinitely.
The listening sessions will be held on Friday, April 1, 2016, from
10:00 a.m. to Noon and 1:15 p.m. to 3 p.m., Local Time, and on Monday,
April 25, 2016, from 9:30 a.m. to 11:30 a.m. and 1:30 p.m. to 3:30
p.m., Local Time. If all interested parties have had the opportunity to
comment, the sessions may conclude early.
ADDRESSES: The April 1, 2016, listening session will be held at the
Mid-America Trucking Show at the Kentucky Expo Center, 938 Phillips
Lane, Louisville, KY. The April 25, 2016, session will be held at the
Commercial Vehicle Safety Alliance Spring 2016 Workshop at the Sheraton
Grand Chicago, 301 East North Water Street, Chicago, IL. In addition to
attending the session in person, the Agency offers several ways to
provide comments, as described below.
Internet Address for Live Webcast. FMCSA will post specific
information on how to participate via the Internet on the FMCSA Web
site at www.fmcsa.dot.gov/calendar in advance of the listening session.
You may submit comments identified by Docket Number FMCSA-2015-0124
using any of the following methods:
[[Page 14207]]
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., West
Building, Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT:
For information about the listening sessions: Ms. Shannon L.
Watson, Senior Policy Advisor, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or by
telephone at 202-366-2551.
If you need sign language interpretation or any other accessibility
accommodation, please contact Ms. Watson by Friday, March 18, 2016, to
allow us to arrange for such services. FMCSA cannot guarantee that
interpreter services requested on short notice will be provided.
For other information about the Beyond Compliance program: Ms.
Theresa Rowlett, (202) 366-6406, theresa.rowlett@dot.gov.
SUPPLEMENTARY INFORMATION:
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2015-0124), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-2015-0124, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may draft a notice of proposed rulemaking based on
your comments and other information and analysis.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2015-0124, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the Internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
I. Background
The trucking and bus industries and the U.S. Department of
Transportation have invested in the research, development, and testing
of strategies and technologies to reduce truck and bus crashes. In
September 2014, the Commercial Vehicle Safety Alliance (CVSA) submitted
a request to FMCSA to consider initiating a pilot program to
investigate the benefits and feasibility of a voluntary compliance
program. Citing research that has been underway for several years, the
Agency established an Alternative Compliance team in December 2014, the
goal of which was to analyze the concept and gather data to support how
it might be developed and implemented.
On March 30-31, 2015, the Agency's Motor Carrier Safety Advisory
Committee (MCSAC) deliberated on the potential benefits and feasibility
of a voluntary compliance program and ways to credit carriers and
drivers who initiate and establish programs that promote safety beyond
FMCSA's regulations. MCSAC completed its deliberations during its June
15-16, 2015, meeting and subsequently submitted its final report on
Task 15-1 to the Agency on September 21, 2015. A copy of the report is
posted at the MCSAC's Web site, https://www.fmcsa.dot.gov/mcsac.
On April 23, 2015 (80 FR 22770), the Agency published a notice
requesting responses to specific questions and any supporting data the
Agency should consider in the potential development of a Beyond
Compliance program.\1\ The notice indicated that Beyond Compliance
would include voluntary programs implemented by motor carriers that
exceed regulatory requirements and improve the safety of commercial
motor vehicles and drivers operating on the Nations' roadways by
reducing the number and severity of crashes. Beyond Compliance would
not result in regulatory relief.
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\1\ See https://www.gpo.gov/fdsys/pkg/FR-2015-04-23/pdf/2015-09463.pdf or https://www.fmcsa.dot.gov/regulations/notices/2015-09463.
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Section 5222 of the recently enacted the Fixing America's Surface
Transportation Act (Pub. L. 114-94, Dec. 4, 2015, 129 Stat. 1312) (FAST
Act) mandates that the FMCSA Administrator allow recognition for a
motor carrier that installs advanced safety equipment, enhanced driver
fitness measures, fleet safety management tools, technologies, and
programs and other standards for use by motor carriers to receive
recognition, including credit or an improved SMS percentile. This
provision requires the Administrator, after providing notice and
comment, to develop a process for identifying and reviewing these
opportunities to provide credit to those carriers and drivers who go
above and beyond the regulatory requirements.
FMCSA held similar listening sessions on January 12, 2016, at the
American Bus Association's (ABA) Marketplace in Louisville, Kentucky,
and on January 31, 2016, at the United Motorcoach Association (UMA)
Expo 2016 in Atlanta, Georgia.
II. Meeting Participation and Information FMCSA Seeks From the Public
The listening session is open to the public. Speakers should try to
limit their remarks to 3-5 minutes. No preregistration is required.
Attendees may submit material to the FMCSA staff at the session for
inclusion in the pubic docket referenced at the beginning of this
notice.
[[Page 14208]]
Those participating in the webcast will have the opportunity to
submit comments online that will be read aloud at the session along
with those comments made in the meeting rooms in Louisville and
Chicago. FMCSA will docket the transcripts of the webcast, a separate
transcription of each listening session prepared by an official court
reporter, and all other materials submitted to FMCSA personnel.
FMCSA would like to know the views of the public on the concept,
with any data or analysis to support it, with regard to 3 basic areas:
(1) What voluntary technologies or safety program best practices would
be appropriate for beyond compliance; (2) What type of incentives would
encourage motor carriers to invest in technologies and best practices
programs; and (3) How FMCSA would verify that the voluntary
technologies or safety programs are being implemented.
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05928 Filed 3-15-16; 8:45 am]
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