Crash Preventability Demonstration Program, 5506-5508 [2018-02437]
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Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices
State College, Pennsylvania. Details
concerning the matters to be addressed
at the business meeting are contained in
the Supplementary Information section
of this notice.
The meeting will be held on
Thursday, March 8, 2018, at 9 a.m.
DATES:
The meeting will be held at
The Penn Stater Hotel and Conference
Center, Senate 23 Room, 215 Innovation
Boulevard, State College, PA 16803.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, General Counsel, 717–
238–0423, ext. 1312.
The
business meeting will include actions or
presentations on the following items: (1)
Presentation on the Susquehanna Flood
Forecast and Warning System; (2)
presentation of the Maurice Goddard
Award; (3) FY–2019 budget
reconciliation; (4) ratification/approval
of contracts/grants; (5) rulemaking
action to codify in the Commission’s
regulations and strengthen the
Commission’s Access to Records Policy
providing rules and procedures for the
public to request and receive the
Commission’s public records; (6) report
on delegated settlements; and (7)
Regulatory Program projects.
The Regulatory Program projects and
the final rulemaking were the subject of
public hearings conducted by the
Commission on February 1, 2018, and
November 2, 2017, respectively; notices
for which were published in 83 FR 414,
January 3, 2018, and 82 FR 47407,
October 12, 2017, respectively.
The public is invited to attend the
Commission’s business meeting.
Comments on the Regulatory Program
projects and the final rulemaking were
subject to a deadline of February 12,
2018, and November 13, 2017,
respectively. Written comments
pertaining to other items on the agenda
at the business meeting may be mailed
to the Susquehanna River Basin
Commission, 4423 North Front Street,
Harrisburg, Pennsylvania 17110–1788,
or submitted electronically through
https://www.srbc.net/pubinfo/public
participation.htm. Such comments are
due to the Commission on or before
March 2, 2018. Comments will not be
accepted at the business meeting
noticed herein.
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Authority: Pub. L. 91–575, 84 Stat. 1509 et
seq., 18 CFR parts 806, 807, and 808.
[FR Doc. 2018–02460 Filed 2–6–18; 8:45 am]
BILLING CODE 7040–01–P
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Federal Aviation Administration
Nineteenth Tactical Operations
Committee (TOC) Meeting
Federal Aviation
Administration (FAA), U.S. Department
of Transportation (DOT).
ACTION: Nineteenth TOC Meeting.
AGENCY:
ADDRESSES:
Dated: February 2, 2018.
Stephanie L. Richardson,
Secretary to the Commission.
DEPARTMENT OF TRANSPORTATION
The FAA is issuing this notice
to advise the public of a meeting of the
Nineteenth TOC Meeting.
DATES: The meeting will be held March
1, 2018, 09:00 a.m.–4:00 p.m., Eastern
Time.
SUMMARY:
The meeting will be held at:
RTCA Headquarters, 1150 18th Street
NW, Suite 910, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Trin
Mitra, TOC Secretariat, 202–330–0665,
tmitra@rtca.org, 1150 18th Street NW,
Suite 910, Washington, DC 20036, or by
telephone at (202) 833–9339, fax at (202)
833–9434, or website at https://
www.rtca.org.
ADDRESSES:
Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., App.), notice is hereby
given of the Nineteenth TOC Meeting.
The TOC is a component of RTCA,
which is a Federal Advisory Committee.
The agenda will include the following:
SUPPLEMENTARY INFORMATION:
March 1, 2018, 9:00 a.m. to 4:00 p.m.,
Eastern Time
1. Welcome and Introductions of TOC
Members
2. Official Statement of Designated
Federal Officer
3. Review and Approval of Meeting
Summary from the Previous TOC
Meeting
4. FAA Update
5. Consideration of Draft
Recommendations from the
Intentional GPS Interference Task
Group
6. FAA Response on Previous TOC
Recommendations
7. Discuss Future of the TOC
8. Other Business
9. Closing Comments—DFO and Chairs
10. Adjourn
Attendance is open to the interested
public but limited to space availability.
With the approval of the Chairman,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
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Issued in Washington, DC, on February 1,
2018.
Mohannad Dawoud,
Management & Program Analyst, Partnership
Contracts Branch, ANG–A17 NextGen,
Procurement Services Division, Federal
Aviation Administration.
[FR Doc. 2018–02385 Filed 2–6–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0177]
Crash Preventability Demonstration
Program
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
AGENCY:
On July 27, 2017, FMCSA
announced the initiation of a crash
preventability demonstration program
in which the Agency would accept
requests for data review (RDRs) to
evaluate the preventability of certain
categories of crashes through its
national data correction system known
as DataQs. This notice provides
additional information to help
submitters and other interested parties
understand the demonstration program.
DATES: The crash preventability
demonstration program began accepting
RDRs on August 1, 2017, for crashes that
occurred on or after June 1, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Catterson Oh, Compliance Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
Telephone 202–366–6160 or by email:
Catterson.Oh@dot.gov. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In a Federal Register noticed dated
July 12, 2016, FMCSA proposed a
demonstration program to determine the
efficacy of preventability determinations
on certain types of crashes that are
generally less complex. (81 FR 45210)
The Agency proposed to accept RDRs to
evaluate the preventability of certain
categories of crashes through its
national data correction system known
as DataQs. It proposed that a crash
challenged through an RDR would be
found not preventable when
documentation submitted with the RDR
E:\FR\FM\07FEN1.SGM
07FEN1
Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices
established that the crash was not
preventable.
On July 27, 2017, FMCSA published
a subsequent Federal Register notice
announcing the start of the
demonstration program and explaining
the details of the program.
Since August 1, 2017, over 2,500
RDRs have been submitted to FMCSA.
Based on the experiences operating the
program for the first few months, the
Agency identified some areas of the
program requiring more instruction and
details.
Demonstration Program Details
Correctly Submitting Eligible Crashes to
the Demonstration Program
The DataQs system includes both the
standard review program and the crash
preventability demonstration program.
Some submitters have entered crashes
under the standard review program,
rather than the crash preventability
demonstration program, by selecting
‘‘Not an FMCSA-reportable crash’’ or
requesting the review of an ineligible
crash. A selection of ‘‘Not an FMCSAreportable crash’’ is for those crashes
that do not meet FMCSA’s recordable
crash definition of a fatality, injury, or
property damage requiring a vehicle to
be towed from the scene. DataQs RDRs
entered into the standard review
program will be closed without a
preventability determination because
they were not submitted under the
demonstration program. Also, when an
RDR is submitted for a crash that is not
eligible for the demonstration program,
the system will close the RDR without
any action. Examples of ineligible
crashes include those that do not fall
under the eight types of crashes and
those that occurred before June 1, 2017.
For the crash preventability
demonstration program, submitters
should choose ‘‘Crash could not be
prevented,’’ ensure that the crash event
date is on or after June 1, 2017, and
select an eligible crash type. For more
information, submitters should view the
FMCSA video at https://
www.fmcsa.dot.gov/safety/crashpreventability-demonstration-programvideo.
sradovich on DSK3GMQ082PROD with NOTICES
Types of Crashes
The only types of crashes that will be
reviewed using the RDR process during
the demonstration program are:
1. When the commercial motor vehicle
(CMV) was struck by a motorist driving
under the influence (or related offense);
2. When the CMV was struck by a motorist
driving the wrong direction;
3. When the CMV was struck in the rear;
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4. When the CMV was struck while it was
legally stopped or parked, including when
the vehicle was unattended;
5. When the CMV struck an individual
committing or attempting to commit suicide
by stepping or driving in front of the CMV;
6. When the CMV sustained disabling
damage after striking an animal in the
roadway;
7. When the crash was the result of an
infrastructure failure, falling trees, rocks, or
other debris; or
8. When the CMV was struck by cargo or
equipment from another vehicle.
A significant number of RDRs
submitted are, in fact, not eligible for
the demonstration program. Below are
examples of crash types that were
submitted, and determined to be not
eligible for the program:
1. Crashes that do not match any eligible
crash type.
2. RDRs asserting the driver who struck the
CMV was operating under the influence
without any supporting evidence, such as
documents showing testing results, citation,
or arrest.
3. RDRs submitted for crashes identified as
‘‘struck by a motorist driving the wrong
direction’’ where the vehicle that struck the
CMV was not operating completely in the
wrong lane and in the wrong direction. These
crashes do not include when the vehicle that
struck the CMV swerved across the center
line but did not travel entirely in the wrong
lane and in the wrong direction. In addition,
this crash type does not include crashes at
intersections, crashes with vehicles
completing a U-turn, or when a vehicle
traveling in the same direction as the CMV
crashes into the CMV for whatever reason.
Eligible crashes include when the vehicle
that struck the CMV completely crossed the
median or center line and traveled into
opposing traffic or was operating in the
wrong direction on a divided highway.
4. RDRs for crashes where the CMV was
struck in other places on the vehicle, but not
in the rear. For the purposes of this
demonstration program, FMCSA is defining
‘‘struck in the rear’’ to mean only crashes
when the rear plane of the CMV was struck.
Crashes where the CMV was struck on the
side near the rear of the vehicle, or other
places on the vehicle, are not eligible. This
includes crashes where the vehicle was
struck at the 7 o’clock or 5 o’clock positions.
5. RDRs for crashes when the vehicle was
stopped in traffic and not legally stopped or
parked.
6. RDRs alleging a suicide attempt without
any supporting evidence.
7. RDRs indicating the CMV struck other
vehicles stopped for a fallen tree or rocks, but
the CMV did not strike the tree or rocks.
8. RDRs asserting the CMV was struck by
cargo or equipment, but the documentation
establishes the CMV was actually hit by
another vehicle.
These parameters are needed so that the
Agency can accurately and consistently
assess the evaluation of crashes during the
demonstration program.
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5507
Documents To Be Submitted
Because the burden is on the
submitter to show by compelling
evidence that the crash was not
preventable, the submitter should
submit all evidence in support of the
preventability determination. The
Agency considers all relevant evidence
submitted. FMCSA is not, however,
requiring any specific documentation in
support of a preventability
determination.
FMCSA advised in its July 27, 2017,
Federal Register notice that the Agency
could request additional information on
the crash, which may include any
documentation the carrier is required to
maintain under the Agency’s
regulations. In some instances, FMCSA
will request additional information to
confirm that the driver was operating in
compliance with applicable regulatory
requirements. To date in the
demonstration program, FMCSA has
requested the following types of
documents:
1. Proof of a valid Commercial Driver’s
License (CDL) on the date of the crash—If the
license was renewed after the crash date,
FMCSA is unable to determine the license
status on the date of the crash because the
Commercial Driver’s License Information
System (CDLIS) provides only the new
license issuance date. If the submitter does
not provide documentation of a valid CDL on
the date of the crash, in response to FMCSA’s
request, the crash determination will be
‘‘Undecided’’ because FMCSA cannot
confirm the driver was operating with a valid
CDL.
2. Proof of a valid medical certificate on
the date of the crash—If the CDLIS system
indicates the medical certificate was expired
on the date of the crash and evidence of a
valid medical certificate on the date of the
crash is not submitted in response to
FMCSA’s request, the crash determination
will be ‘‘Undecided’’ because FMCSA cannot
confirm the driver was operating with a valid
medical certificate.
3. Proof that the driver was operating in
accordance with the excepted status—If a
CDL driver has an exempt license, FMCSA is
requesting information about the load to
confirm the driver was operating within the
restrictions of the license. If the
documentation of the load is not provided,
the determination will be ‘‘Undecided’’
because FMCSA cannot confirm the driver
was operating in compliance with CDL
restrictions.
It is incumbent on the submitter to
accurately provide the requested
document such as a medical card or
CDL for the date of the crash. In
addition, when documents such as
police accident reports and insurance
papers are submitted, full copies should
be provided.
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Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices
Re-Opening RDRs
Agency Use of Data
If a submitter receives a determination
that the crash was preventable or
undecided, or the RDR is closed for
another reason, the RDR may be reopened once. The request will be
reconsidered by FMCSA only if
additional documentation or new
information is submitted. If additional
information or documentation is not
provided, the RDR will be closed with
the initial determination without further
consideration.
Additionally, once an RDR is closed,
the Agency will not be responding to
additional comments submitted through
the DataQs system. The RDR must be
reopened and additional information
submitted as cause for FMCSA to
reconsider the determination.
As explained in the July 17, 2017,
Federal Register notice, final
determinations made through this
demonstration program will be noted on
the Agency’s Safety Measurement
System (SMS). No crashes are removed
from SMS as a result of this
demonstration program. For the purpose
of prioritizing motor carriers for safety
interventions, FMCSA will continue to
use all crashes during the demonstration
program.
The crash preventability
determinations made under this
program will not affect any carrier’s
safety rating or ability to operate.
FMCSA will not issue penalties or
sanctions based on these
determinations, nor do they establish
any obligations or impose legal
requirements on any motor carrier.
These determinations also will not
change how the Agency will make
enforcement decisions.
Information submitted about a crash
as part of this demonstration program
may be shared with the appropriate
FMCSA Division Office for further
investigation. Likewise, if an
investigation reveals additional
information about a crash for which the
demonstration program made a
preventability determination, this
information may be shared within the
Agency and the crash subjected to
further review.
Throughout this demonstration
period, FMCSA will maintain data so
that at the conclusion of the
demonstration program, the Agency can
conduct analyses. It is expected that the
Agency’s analyses would include, but
not be limited to, the cost of operating
the test and its extrapolation to a larger
program; future crash rates of carriers
that submitted RDRs, future crash rates
of motor carriers with not preventable
crashes, and impacts to SMS crash rates
and improvements to prioritization.
Additionally, under 49 U.S.C. 504(f),
‘‘No part of a report of an accident
occurring in operations of a motor
carrier, motor carrier of migrant
workers, or motor private carrier and
required by the Secretary, and no part
of a report of an investigation of the
accident made by the Secretary, may be
admitted into evidence or used in a civil
action for damages related to a matter
mentioned in the report or
investigation.’’ The crash preventability
determinations made under this
program are intended only for FMCSA’s
use in determining whether the program
may improve the Agency’s prioritization
tools. These determinations are made on
the basis of information available to
sradovich on DSK3GMQ082PROD with NOTICES
Input From the Public
The opportunity to collect
information from other parties is critical
to determining the impacts and costs of
this demonstration program. During the
demonstration program, if a crash
review results in a preliminary
determination that the crash was not
preventable, the Agency will publish
the crash report number, U.S. DOT
number, motor carrier name, crash event
date, crash event State and crash type
on its DataQs website.
Any member of the public with
documentation or data to refute the
proposed determination has 30 days to
submit the documentation through the
DataQs system at https://
dataqs.fmcsa.dot.gov. Information on
how to submit additional
documentation is available at https://
www.fmcsa.dot.gov/safety/crashpreventability-demonstration-program.
Any new documents or data will be
reviewed and considered before FMCSA
makes a final determination. Final
determinations will be published on
SMS within 60 days of the final
decision.
However, based on feedback from
some stakeholders, the Agency
recognizes that some parties involved in
the crash might not be able to provide
input within 30 days. The Agency will
maintain a list of not preventable final
determinations on its website at https://
www.fmcsa.dot.gov/safety/crashpreventability-demonstration-program.
This list will be updated monthly. If at
any time during this demonstration
program a party has information and
documentation to counter this
determination, FMCSA will accept that
information at Crash.Preventability@
dot.gov. Therefore, determinations may
be revised after consideration of this
additional information.
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FMCSA at the time of the determination
and are not appropriate for use by
private parties in civil litigation. These
determinations do not establish fault or
negligence by any party and are made
by persons with no personal knowledge
of the crash.
DataQs
Motor carriers and drivers, as well as
any member of the public, may submit
crash preventability RDRs through the
Agency’s DataQs system. DataQs has
been modified to provide this
functionality. The DataQs system is
available at: https://
dataqs.fmcsa.dot.gov. The DataQs User
Guide advises that it should take 2
weeks to have an RDR reviewed. The
User Guide is for RDRs that are not in
the demonstration program. Based on
the volume of RDRs submitted, the
Agency’s timeframe for review is
averaging 3 to 4 weeks.
Additional information on how to
submit a crash preventability RDR is
available on the Agency’s website at
https://www.fmcsa.dot.gov/safety/crashpreventability-demonstration-program.
Issued under the authority delegated in 49
CFR 1.87 on: January 31, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018–02437 Filed 2–6–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0138]
Agency Information Collection
Activities: Extension of an Approved
Information Collection Request;
Comment Request; Generic Clearance
for the Collection of Qualitative
Feedback on Agency Service Delivery
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. The FMCSA requests
approval to revise an existing ICR titled,
‘‘Generic Clearance for the Collection of
Qualitative Feedback on Agency Service
Delivery,’’ due to an increase in the
annual cost to respondents. This ICR
will allow for ongoing, collaborative and
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5506-5508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02437]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0177]
Crash Preventability Demonstration Program
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On July 27, 2017, FMCSA announced the initiation of a crash
preventability demonstration program in which the Agency would accept
requests for data review (RDRs) to evaluate the preventability of
certain categories of crashes through its national data correction
system known as DataQs. This notice provides additional information to
help submitters and other interested parties understand the
demonstration program.
DATES: The crash preventability demonstration program began accepting
RDRs on August 1, 2017, for crashes that occurred on or after June 1,
2017.
FOR FURTHER INFORMATION CONTACT: Mr. Catterson Oh, Compliance Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Telephone 202-366-6160 or by email:
[email protected]. If you have questions regarding viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background
In a Federal Register noticed dated July 12, 2016, FMCSA proposed a
demonstration program to determine the efficacy of preventability
determinations on certain types of crashes that are generally less
complex. (81 FR 45210) The Agency proposed to accept RDRs to evaluate
the preventability of certain categories of crashes through its
national data correction system known as DataQs. It proposed that a
crash challenged through an RDR would be found not preventable when
documentation submitted with the RDR
[[Page 5507]]
established that the crash was not preventable.
On July 27, 2017, FMCSA published a subsequent Federal Register
notice announcing the start of the demonstration program and explaining
the details of the program.
Since August 1, 2017, over 2,500 RDRs have been submitted to FMCSA.
Based on the experiences operating the program for the first few
months, the Agency identified some areas of the program requiring more
instruction and details.
Demonstration Program Details
Correctly Submitting Eligible Crashes to the Demonstration Program
The DataQs system includes both the standard review program and the
crash preventability demonstration program. Some submitters have
entered crashes under the standard review program, rather than the
crash preventability demonstration program, by selecting ``Not an
FMCSA-reportable crash'' or requesting the review of an ineligible
crash. A selection of ``Not an FMCSA-reportable crash'' is for those
crashes that do not meet FMCSA's recordable crash definition of a
fatality, injury, or property damage requiring a vehicle to be towed
from the scene. DataQs RDRs entered into the standard review program
will be closed without a preventability determination because they were
not submitted under the demonstration program. Also, when an RDR is
submitted for a crash that is not eligible for the demonstration
program, the system will close the RDR without any action. Examples of
ineligible crashes include those that do not fall under the eight types
of crashes and those that occurred before June 1, 2017.
For the crash preventability demonstration program, submitters
should choose ``Crash could not be prevented,'' ensure that the crash
event date is on or after June 1, 2017, and select an eligible crash
type. For more information, submitters should view the FMCSA video at
https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program-video.
Types of Crashes
The only types of crashes that will be reviewed using the RDR
process during the demonstration program are:
1. When the commercial motor vehicle (CMV) was struck by a
motorist driving under the influence (or related offense);
2. When the CMV was struck by a motorist driving the wrong
direction;
3. When the CMV was struck in the rear;
4. When the CMV was struck while it was legally stopped or
parked, including when the vehicle was unattended;
5. When the CMV struck an individual committing or attempting to
commit suicide by stepping or driving in front of the CMV;
6. When the CMV sustained disabling damage after striking an
animal in the roadway;
7. When the crash was the result of an infrastructure failure,
falling trees, rocks, or other debris; or
8. When the CMV was struck by cargo or equipment from another
vehicle.
A significant number of RDRs submitted are, in fact, not eligible
for the demonstration program. Below are examples of crash types that
were submitted, and determined to be not eligible for the program:
1. Crashes that do not match any eligible crash type.
2. RDRs asserting the driver who struck the CMV was operating
under the influence without any supporting evidence, such as
documents showing testing results, citation, or arrest.
3. RDRs submitted for crashes identified as ``struck by a
motorist driving the wrong direction'' where the vehicle that struck
the CMV was not operating completely in the wrong lane and in the
wrong direction. These crashes do not include when the vehicle that
struck the CMV swerved across the center line but did not travel
entirely in the wrong lane and in the wrong direction. In addition,
this crash type does not include crashes at intersections, crashes
with vehicles completing a U-turn, or when a vehicle traveling in
the same direction as the CMV crashes into the CMV for whatever
reason.
Eligible crashes include when the vehicle that struck the CMV
completely crossed the median or center line and traveled into
opposing traffic or was operating in the wrong direction on a
divided highway.
4. RDRs for crashes where the CMV was struck in other places on
the vehicle, but not in the rear. For the purposes of this
demonstration program, FMCSA is defining ``struck in the rear'' to
mean only crashes when the rear plane of the CMV was struck. Crashes
where the CMV was struck on the side near the rear of the vehicle,
or other places on the vehicle, are not eligible. This includes
crashes where the vehicle was struck at the 7 o'clock or 5 o'clock
positions.
5. RDRs for crashes when the vehicle was stopped in traffic and
not legally stopped or parked.
6. RDRs alleging a suicide attempt without any supporting
evidence.
7. RDRs indicating the CMV struck other vehicles stopped for a
fallen tree or rocks, but the CMV did not strike the tree or rocks.
8. RDRs asserting the CMV was struck by cargo or equipment, but
the documentation establishes the CMV was actually hit by another
vehicle.
These parameters are needed so that the Agency can accurately
and consistently assess the evaluation of crashes during the
demonstration program.
Documents To Be Submitted
Because the burden is on the submitter to show by compelling
evidence that the crash was not preventable, the submitter should
submit all evidence in support of the preventability determination. The
Agency considers all relevant evidence submitted. FMCSA is not,
however, requiring any specific documentation in support of a
preventability determination.
FMCSA advised in its July 27, 2017, Federal Register notice that
the Agency could request additional information on the crash, which may
include any documentation the carrier is required to maintain under the
Agency's regulations. In some instances, FMCSA will request additional
information to confirm that the driver was operating in compliance with
applicable regulatory requirements. To date in the demonstration
program, FMCSA has requested the following types of documents:
1. Proof of a valid Commercial Driver's License (CDL) on the
date of the crash--If the license was renewed after the crash date,
FMCSA is unable to determine the license status on the date of the
crash because the Commercial Driver's License Information System
(CDLIS) provides only the new license issuance date. If the
submitter does not provide documentation of a valid CDL on the date
of the crash, in response to FMCSA's request, the crash
determination will be ``Undecided'' because FMCSA cannot confirm the
driver was operating with a valid CDL.
2. Proof of a valid medical certificate on the date of the
crash--If the CDLIS system indicates the medical certificate was
expired on the date of the crash and evidence of a valid medical
certificate on the date of the crash is not submitted in response to
FMCSA's request, the crash determination will be ``Undecided''
because FMCSA cannot confirm the driver was operating with a valid
medical certificate.
3. Proof that the driver was operating in accordance with the
excepted status--If a CDL driver has an exempt license, FMCSA is
requesting information about the load to confirm the driver was
operating within the restrictions of the license. If the
documentation of the load is not provided, the determination will be
``Undecided'' because FMCSA cannot confirm the driver was operating
in compliance with CDL restrictions.
It is incumbent on the submitter to accurately provide the
requested document such as a medical card or CDL for the date of the
crash. In addition, when documents such as police accident reports and
insurance papers are submitted, full copies should be provided.
[[Page 5508]]
Re-Opening RDRs
If a submitter receives a determination that the crash was
preventable or undecided, or the RDR is closed for another reason, the
RDR may be re-opened once. The request will be reconsidered by FMCSA
only if additional documentation or new information is submitted. If
additional information or documentation is not provided, the RDR will
be closed with the initial determination without further consideration.
Additionally, once an RDR is closed, the Agency will not be
responding to additional comments submitted through the DataQs system.
The RDR must be reopened and additional information submitted as cause
for FMCSA to reconsider the determination.
Input From the Public
The opportunity to collect information from other parties is
critical to determining the impacts and costs of this demonstration
program. During the demonstration program, if a crash review results in
a preliminary determination that the crash was not preventable, the
Agency will publish the crash report number, U.S. DOT number, motor
carrier name, crash event date, crash event State and crash type on its
DataQs website.
Any member of the public with documentation or data to refute the
proposed determination has 30 days to submit the documentation through
the DataQs system at https://dataqs.fmcsa.dot.gov. Information on how
to submit additional documentation is available at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program.
Any new documents or data will be reviewed and considered before
FMCSA makes a final determination. Final determinations will be
published on SMS within 60 days of the final decision.
However, based on feedback from some stakeholders, the Agency
recognizes that some parties involved in the crash might not be able to
provide input within 30 days. The Agency will maintain a list of not
preventable final determinations on its website at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program.
This list will be updated monthly. If at any time during this
demonstration program a party has information and documentation to
counter this determination, FMCSA will accept that information at
[email protected]. Therefore, determinations may be revised
after consideration of this additional information.
Agency Use of Data
As explained in the July 17, 2017, Federal Register notice, final
determinations made through this demonstration program will be noted on
the Agency's Safety Measurement System (SMS). No crashes are removed
from SMS as a result of this demonstration program. For the purpose of
prioritizing motor carriers for safety interventions, FMCSA will
continue to use all crashes during the demonstration program.
The crash preventability determinations made under this program
will not affect any carrier's safety rating or ability to operate.
FMCSA will not issue penalties or sanctions based on these
determinations, nor do they establish any obligations or impose legal
requirements on any motor carrier. These determinations also will not
change how the Agency will make enforcement decisions.
Information submitted about a crash as part of this demonstration
program may be shared with the appropriate FMCSA Division Office for
further investigation. Likewise, if an investigation reveals additional
information about a crash for which the demonstration program made a
preventability determination, this information may be shared within the
Agency and the crash subjected to further review.
Throughout this demonstration period, FMCSA will maintain data so
that at the conclusion of the demonstration program, the Agency can
conduct analyses. It is expected that the Agency's analyses would
include, but not be limited to, the cost of operating the test and its
extrapolation to a larger program; future crash rates of carriers that
submitted RDRs, future crash rates of motor carriers with not
preventable crashes, and impacts to SMS crash rates and improvements to
prioritization.
Additionally, under 49 U.S.C. 504(f), ``No part of a report of an
accident occurring in operations of a motor carrier, motor carrier of
migrant workers, or motor private carrier and required by the
Secretary, and no part of a report of an investigation of the accident
made by the Secretary, may be admitted into evidence or used in a civil
action for damages related to a matter mentioned in the report or
investigation.'' The crash preventability determinations made under
this program are intended only for FMCSA's use in determining whether
the program may improve the Agency's prioritization tools. These
determinations are made on the basis of information available to FMCSA
at the time of the determination and are not appropriate for use by
private parties in civil litigation. These determinations do not
establish fault or negligence by any party and are made by persons with
no personal knowledge of the crash.
DataQs
Motor carriers and drivers, as well as any member of the public,
may submit crash preventability RDRs through the Agency's DataQs
system. DataQs has been modified to provide this functionality. The
DataQs system is available at: https://dataqs.fmcsa.dot.gov. The DataQs
User Guide advises that it should take 2 weeks to have an RDR reviewed.
The User Guide is for RDRs that are not in the demonstration program.
Based on the volume of RDRs submitted, the Agency's timeframe for
review is averaging 3 to 4 weeks.
Additional information on how to submit a crash preventability RDR
is available on the Agency's website at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program.
Issued under the authority delegated in 49 CFR 1.87 on: January
31, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-02437 Filed 2-6-18; 8:45 am]
BILLING CODE 4910-EX-P
