Crash Preventability Determination Program, 22518-22523 [2023-07818]
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices
physical qualification standards that
individuals operating CMVs in
interstate commerce who are subject to
part 391 must meet. The FMCSRs
covering the performance of the CMV
physical qualification examination of
individuals who operate in interstate
commerce by an ME and the related
recordkeeping requirements are found at
§ 391.43. The results of the examination
must be recorded in accordance with
the requirements set forth in that
section; they include preparing and
maintaining a Medical Examination
Report Form, MCSA–5875, and, if the
individual is physically qualified,
issuing a Medical Examiner’s
Certificate, Form MCSA–5876.
The FMCSRs in § 391.41(b)(1) through
(13) generally include the physical
qualification standards required for the
medical certification of individuals who
operate a CMV in interstate commerce.
The physical qualification standards in
§ 391.46 address the physical
qualification requirements for medical
certification of individuals who are
diagnosed with diabetes mellitus and
are treated with insulin. However, the
FMCSRs do not specifically address
individuals who are diagnosed with
diabetes mellitus and are treated with
non-insulin therapy. The type of
diabetes mellitus that is not treated with
insulin (commonly known as Type 2
diabetes) is recognized as a health
concern for the general public.
Non-insulin-treated diabetes mellitus
that is not properly managed and
controlled may result in diabetes
complications and/or target organ
damage and in the individual’s physical
condition being inadequate to enable
the driver to operate a CMV safely. The
physical qualification standards in the
FMCSRs broadly address some of the
conditions and symptoms that may be
attributable to complications from noninsulin-treated diabetes mellitus.
Examples include the loss of limb and
limb impairment standards
(§ 391.41(b)(1) and (2)); the
cardiovascular standard (§ 391.41(b)(4));
the rheumatic, arthritic, orthopedic,
muscular, neuromuscular, or vascular
standard (§ 391.41(b)(7)); and the loss of
consciousness standard (§ 391.41(b)(8)).
In performing a thorough assessment
and evaluation of an individual
diagnosed with non-insulin-treated
diabetes mellitus, the ME may need to
consult with the individual’s treating
healthcare provider who manages the
individual’s diabetes. The ME may find
this helpful in determining whether the
individual has any medical conditions
title-49/subtitle-B/chapter-III/subchapter-B/part391/subpart-E.
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or symptoms, such as frequent episodes
of severe hypoglycemia, that may
prevent the individual from meeting the
physical qualification standards and
receiving a Medical Examiner’s
Certificate, Form MCSA–5876. This
voluntary collection would assist the
ME by ensuring that the treating
healthcare provider includes the
appropriate information, via the NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872, in a
standardized manner, which would
assist the ME in making an informed
and sound physical qualification
determination.
In May 2021, FMCSA’s Medical
Review Board (MRB) deliberated on the
topic and contents of a draft NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872 (Task
21–2). FMCSA directed the MRB to
review and comment on whether the
information on the proposed form
provided sufficient information
concerning the treatment, management,
and control of an individual’s noninsulin-treated diabetes mellitus
condition to assist a ME in making an
appropriate physical qualification
determination. The Agency also
requested that the MRB identify any
areas of ambiguity as well as additional
information that FMCSA should include
on the form. Based on its review, the
MRB made some recommendations to
improve the clarity and quality of
information on the Non-Insulin-Treated
Diabetes Mellitus Assessment Form,
MCSA–5872, which is provided from
the individual’s treating healthcare
provider to the ME.
There is no required collection
frequency for the Non-Insulin-Treated
Diabetes Mellitus Assessment Form,
MCSA–5872, because the use of this IC
is voluntary and at the discretion of the
ME.
The Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA–
5872, will be available as a fillable pdf
and may be downloaded from the
FMCSA website. Treating healthcare
providers may provide the form to the
individual, or fax or scan and email the
form directly to the ME. Consistent with
OMB’s commitment to minimizing
respondents’ recordkeeping and
paperwork burdens and the increased
use of secure electronic modes of
communication, the Agency anticipates
that approximately 50 percent of the
Non-Insulin-Treated Diabetes Mellitus
Assessment Forms, MCSA–5872, will be
transmitted electronically.
The information collected on the NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872, will be
used by the ME who requests
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completion of the form and will not be
available to the public. The NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872, will
become a part of the individual’s
physical qualification examination
records that are maintained and retained
by the ME for a period of at least 3 years
from the date of the examination.2
Title: Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA–
5872.
OMB Control Number: 2126–00XX.
Type of Request: New collection.
Respondents: Treating healthcare
providers of individuals who are
diagnosed with non-insulin treated
diabetes mellitus who operate CMVs.
Estimated Number of Respondents:
242,057 respondents.
Estimated Time per Response: 8
minutes.
Expiration Date: N/A. This is a new
ICR.
Frequency of Response: Other
(Voluntary use at the medical discretion
of the ME).
Estimated Total Annual Burden:
32,274 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
IC, including: (1) whether the proposed
collection is necessary for FMCSA to
perform its functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
information collection.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2023–07823 Filed 4–12–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0233]
Crash Preventability Determination
Program
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
AGENCY:
2 The burden for the ME to file and retain the
driver examination forms is covered in the Medical
Qualification Requirements ICR, OMB Control
Number 2126–0006, which is currently due to
expire on March 31, 2025.
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices
Notice and request for
comments.
ACTION:
To address industry concerns
about all crashes being used in the
Agency’s Safety Measurement System
(SMS), since May 2020 FMCSA has
been operating the Crash Preventability
Determination Program (CPDP). This
program reviews 16 specific crash types
and modifies information in the SMS to
distinguish not preventable crashes. The
existing program was an expansion of
the Agency’s previous demonstration
program that reviewed eight specific
crash types. Through the incorporation
of this information into SMS, FMCSA is
better positioned to identify unsafe
carrier and driver behaviors and
prioritize carriers for interventions, by
excluding not preventable crashes when
calculating a motor carrier’s Crash
Indicator Behavior Analysis Safety
Improvement Category measure and
percentile Based on the Agency’s
experiences with the crash types and its
reviews of crash eligibility, FMCSA
proposes modifying existing crash types
to broaden eligibility, removing the
distinction between direct and indirect
strikes, and differentiating some types
for improved reporting and use of the
data to identify ways to reduce crashes
involving non-motorists, in alignment
with the Department of Transportation’s
National Roadway Safety Strategies at
www.transportation.gov/NRSS. In
addition, FMCSA proposes that four
new crash types be included in the
program. FMCSA seeks comments on
these proposed changes. FMCSA will
respond to comments it receives on the
proposal and announce the start of the
updated CPDP through a subsequent
Federal Register notice.
DATES: Comments must be received on
or before June 12, 2023.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2022–0233 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2022-0233/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets Operations, U.S.
DOT, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. DOT, 1200 New Jersey
Avenue SE, West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except for
Federal holidays. To be sure someone is
there to help you, please call (202) 366–
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SUMMARY:
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9317 or (202) 366–9826 before visiting
Dockets Operations.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Catterson Oh, Compliance Division,
FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
6160; Catterson.Oh@dot.gov. If you have
questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2022–0233), indicate
the specific section of this document to
which your 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 FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2022-0233/document, click on
this notice, click ‘‘Comment,’’ and type
your comment into the text box on the
following screen.
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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
notice based on your comments.
Confidential Business Information (CBI)
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to the notice contain
commercial or financial information
that is customarily treated as private,
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22519
that you actually treat as private, and
that is relevant or responsive to the
notice, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission that constitutes CBI as
‘‘PROPIN’’ to indicate it contains
proprietary information. FMCSA will
treat such marked submissions as
confidential under the Freedom of
Information Act, and they will not be
placed in the public docket of the
notice. Submissions containing CBI
should be sent to Mr. Brian Dahlin,
Chief, Regulatory Evaluation Division,
Office of Policy, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001. Any comments FMCSA
receives not specifically designated as
CBI will be placed in the public docket
for this notice.
B. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2022-0233/document and
choose the document to review. To view
comments, click this notice then click
‘‘Browse Comments.’’ If you do not have
access to the internet, you may view the
docket online by visiting Dockets
Operations in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
C. Privacy
FMCSA solicits comments from the
public to better inform its processes.
FMCSA 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—Federal Docket Management
System), which can be reviewed at
https://www.govinfo.gov/content/pkg/
FR-2008-01-17/pdf/E8-785.pdf.
II. Background
Since its implementation in 2010,
FMCSA’s Safety Measurement System
(SMS) has used safety performance
information in the Behavior Analysis
and Safety Improvement Categories
(BASICs), in addition to recordable
crashes involving commercial motor
vehicles (CMVs), to prioritize carriers
for safety interventions (75 FR 18256).
The Crash Indicator BASIC uses crashes
from the previous 24 months to
calculate percentiles for motor carriers.
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices
In addition, the public SMS website
lists motor carriers’ recordable crashes.
Although the Crash Indicator BASIC
percentiles have never been publicly
available, stakeholders have expressed
concern that the use of all crashes in
SMS, without an indication of
preventability, may give an inaccurate
impression about the risk posed by the
company. In response to this concern,
FMCSA announced a demonstration
program on July 27, 2017, to evaluate
the preventability of certain categories
of crashes (82 FR 35045). Based on its
experience in conducting the
demonstration program, and the strong
support for continuing and expanding
this program, FMCSA initiated the
Crash Preventability Determination
Program (CPDP).
Since May 2020, FMCSA has accepted
Requests for Data Review (RDRs) in its
DataQs system to evaluate the
preventability by the CMV driver of the
following 16 crash types, which were
implemented as described in a May 6,
2020, Federal Register notice (85 FR
27017). This was an expansion from the
Agency’s previous demonstration
program.
Struck in the Rear type of crash when
the CMV was struck:
1. in the rear; or
2. on the side at the rear.
Wrong Direction or Illegal Turns type
of crash when the CMV was struck:
3. by a motorist driving in the wrong
direction; or
4. by another motorist in a crash when
a driver was operating in the wrong
direction; or
5. by a vehicle that was making a Uturn or illegal turn.
Parked or Legally Stopped type of
crash when the CMV was struck:
6. while legally stopped at a traffic
control device (e.g., stop sign, red light,
or yield) or while parked, including
while the vehicle was unattended.
Failure of the other vehicle to Stop
type of crash when the CMV was struck:
7. by a vehicle that did not stop or
slow in traffic; or
8. by a vehicle that failed to stop at
a traffic control device.
Under the Influence type of crash
when the CMV was struck:
9. by an individual under the
influence (or related violation, such as
operating while intoxicated), according
to the legal standard of the jurisdiction
where the crash occurred; or
10. by another motorist in a crash
where an individual was under the
influence (or related violation such as
operating while intoxicated), according
to the legal standard of the jurisdiction
where the crash occurred.
Medical Issues, Falling Asleep or
Distracted Driving type of crash when
the CMV was struck:
11. by a driver who experienced a
medical issue that contributed to the
crash; or
12. by a driver who admitted falling
asleep or admitted distracted driving
(e.g., cellphone, global positioning
system (GPS), passengers, other).
Cargo/Equipment/Debris or
Infrastructure Failure type of crash
when the CMV:
13. was struck by cargo, equipment, or
debris (e.g., fallen rock, fallen trees,
unidentifiable items on the road), or a
crash resulting from an infrastructure
failure.
Animal Strike type of crash when the
CMV:
14. struck an animal.
Suicide type of crash when the CMV:
15. struck an individual committing
or attempting to commit suicide.
Rare or Unusual type of crash when
the CMV:
16. Was involved in a crash type that
seldom occurs and does not meet
another eligible crash type (e.g., nonmotorist involved crashes, being struck
by an airplane or skydiver or being
struck by a deceased driver).
Between May 1, 2020, and December
30, 2022, 39,133 RDRs were submitted
to FMCSA. Approximately 72.5 percent
of the submitted RDRs were eligible,
meaning they were one of the 16
specific crash types. Approximately 96
percent of the eligible crashes were
found to have been not preventable.
FMCSA maintains quarterly statistics
on the program on its website at
www.fmcsa.dot.gov/crashpreventability-determination-program.
As of December 30, 2022, information
from the program is as follows:
TABLE 1—CRASH PREVENTABILITY PROGRAM DETERMINATIONS BY CRASH TYPE
Total
determinations
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Crash type
1. When the CMV was struck by a motorist driving under the influence (or
related offense) ............................................................................................
2. When the CMV was struck by a motorist driving in the wrong direction ....
3. When the CMV was struck in the rear ........................................................
4. When the CMV was struck while legally stopped or parked, including
when the vehicle was unattended ...............................................................
5. When the CMV was struck by 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 a result of an infrastructure failure or the CMV was
struck by cargo, equipment, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road) .......................................................................
8. When the CMV was struck on the side at the rear .....................................
9. When the CMV was struck by another motorist in a crash when a driver
was operating in the wrong direction ...........................................................
10. When the CMV was struck by a vehicle that was making a U-turn or illegal turn ......................................................................................................
11. When the CMV was struck by a vehicle that did not stop or slow in traffic ..................................................................................................................
12. When the CMV was struck by a vehicle that failed to stop at a traffic
control device ...............................................................................................
13. When the CMV was struck by another motorist in a crash where an individual was under the influence (or related violation such as operating
while intoxicated) ..........................................................................................
14. When the CMV was struck by a driver who experienced a medical issue
which contributed to the crash .....................................................................
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Not
preventable
Preventable
Undecided
1,206
1,288
11,280
1,157
1,195
10,860
19
36
201
30
57
219
1,931
1,858
40
33
54
51
2
1
584
581
3
0
1,018
2,311
986
2,196
18
59
14
56
64
55
0
9
414
399
6
9
726
702
11
13
3,306
3,205
40
61
56
55
0
1
199
196
0
3
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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices
TABLE 1—CRASH PREVENTABILITY PROGRAM DETERMINATIONS BY CRASH TYPE—Continued
Total
determinations
Crash type
Preventable
Undecided
15. When the CMV was struck by a driver who admitted to falling asleep or
admitted to distracted driving (e.g., cellphone, GPS, passengers, other). ..
16. When the CMV was involved in a crash type that seldom occurs and
does not meet another eligible crash type (e.g., non-motorist involved
crashes, being struck by an airplane or skydiver or being struck by a deceased driver) ..............................................................................................
965
940
15
10
294
254
9
31
Total ..........................................................................................................
25,696
24, 690
459
547
As of December 30, 2022, 7,669
unique carriers had submitted RDRs. Of
these, 3,138 carriers submitted 1 RDR,
3,837 carriers submitted between 2 and
9 RDRs, and 694 carriers submitted 10
or more RDRs. The highest number of
RDRs submitted by 1 carrier was 942
RDRs.
For the majority of crashes that were
determined to be preventable, the CMV
driver was operating with a pre-crash
out-of-service (OOS) condition under
the North American Standard OOS
Criteria, which includes the driver not
being properly licensed on the day of
the crash. Many of these OOS violations
were identified through post-crash
inspections that noted the pre-crash
violations. The Agency explained in its
May 6, 2020, Federal Register notice
that in these circumstances, crashes
would be found to be preventable (85
FR 27017).
The undecided determinations were
primarily due to the submitter’s failure
to provide, after FMCSA’s request,
documentation confirming the validity
of the driver’s commercial driver’s
license (CDL) or medical certification on
the date of the crash or to resolve
conflicting information on the
documentation provided about the
crash. Undecided determinations were
also issued when a submitter did not
provide drug and alcohol testing results
or explain why testing did not occur for
fatal crashes.
III. Implementation Proposal
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Not
preventable
A. Proposed List of Eligible Crash Types
FMCSA proposes changes to existing
crash types and adds four new crash
types to expand the CPDP to review
even more crashes each year for
preventability. These proposed changes
are expected to double the size of the
current program and provide more data
for analysis of the impacts of a carrier’s
not preventable crashes on its overall
safety. FMCSA would analyze these
changes to existing crash types and new
crash types for 24 months but may
announce changes earlier if certain
crash types cannot be consistently
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reviewed or there is insufficient
information to make eligibility and
preventability determinations.
These changes and its incorporation
into SMS allow us to further refine our
prioritization to ensure the carriers and
drivers with riskiest behaviors are
identified for prioritization. In addition,
the Agency believes that continued
growth of the CPDP and the use of more
preventability information in assessing
motor carriers will provide an improved
indication of a motor carrier’s crash risk.
Changes to Existing Crash Types
FMCSA proposes changes to existing
crash types to broaden the crash types
to allow more crashes to be eligible.
The current crash types to be changed
are:
1. CMV was struck by a motorist
driving in the wrong direction.
2. CMV was struck by another
motorist in a crash when a driver was
operating in the wrong direction.
3. CMV was struck by a vehicle that
was making a U-turn or illegal turn.
4. CMV was struck by a vehicle that
did not stop or slow in traffic.
5. CMV was struck by a vehicle that
failed to stop at a traffic control device.
6. CMV was struck by an individual
under the influence (or related
violation, such as operating while
intoxicated), according to the legal
standard of the jurisdiction where the
crash occurred.
7. CMV was struck by another
motorist in a crash where an individual
was under the influence (or related
violation such as operating while
intoxicated), according to the legal
standard of the jurisdiction where the
crash occurred.
8. CMV was struck by a driver who
experienced a medical issue which
contributed to the crash.
9. CMV was struck by a driver who
admitted falling asleep or admitted
distracted driving (e.g., cellphone, GPS,
passengers, other).
10. CMV was struck by cargo,
equipment, or debris (e.g., fallen rock,
fallen trees, unidentifiable items in the
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road); or crash was a result of an
infrastructure failure.
11. CMV was involved in a crash type
that seldom occurs and does not meet
another eligible crash type (e.g., nonmotorist involved crashes, being struck
by an airplane or skydiver or being
struck by a deceased driver).
The proposed revised crash types are:
1. CMV was struck because another
motorist was driving in the wrong
direction.
2. CMV was struck because another
motorist was making a U-turn or illegal
turn.
3. CMV was struck because another
motorist did not stop or slow in traffic.
4. CMV was struck because another
motorist failed to stop at a traffic control
device.
5. CMV was struck because another
individual was under the influence (or
related violation, such as operating
while intoxicated), according to the
legal standard of the jurisdiction where
the crash occurred.
6. CMV was struck because another
motorist experienced a medical issue
which contributed to the crash.
7. CMV was struck because another
motorist fell asleep.
8. CMV was struck because another
motorist was distracted (e.g., cellphone,
GPS, passengers, other).
9. CMV was struck by cargo,
equipment, or debris (e.g., fallen rock,
fallen trees, unidentifiable items in the
road);
10. CMV crash was a result of an
infrastructure failure.
These changes would allow more
crashes to be submitted for
consideration in the program.
11. CMV was involved in a crash with
a non-motorist.
This change would create a separate
type for these events. These crashes are
currently the predominant type
submitted in the Rare and Unusual
crash type. This change will allow the
Agency to distinguish these events and
use the information to identify ways to
reduce the increasing number of nonmotorist crashes in alignment with the
Department’s National Roadway Safety
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Strategy objectives of Safer People and
Safer Roads.
New Crash Types
In addition, FMCSA proposes to test
the following four additional crash
types. These crashes were submitted
during the determination program but
did not qualify for one of the current
crash types. However, the police
accident reports (PARs), especially
when paired with other supporting
documents, particularly videos,
provided sufficient information to
potentially reach a preventability
determination.
1. CMV was struck on the side by a
motorist operating in the same
direction. Currently, the crash type is
limited to side strikes at the very rear of
the vehicle (e.g., 5:00 and 7:00 points of
impact).
2. CMV was struck because another
motorist was entering the roadway from
a private driveway or parking lot.
3. CMV was struck because another
motorist lost control of their vehicle.
FMCSA reviewed many PARs that
included this information but were
ineligible for the program under the
current crash types.
4. Any other type of crash involving
a CMV where a video demonstrates the
sequence of events of the crash.
FMCSA believes that the submission
of videos could allow it to review
crashes that are not in the 21 other
types.
As a result, a full list of the eligible
crash types would be:
1. CMV was struck in the rear by a
motorist.
2. CMV was struck on the side at the
rear by a motorist.
3. CMV was struck while legally
stopped at a traffic control device or
parked, including while the vehicle was
unattended.
4. CMV was struck because another
motorist was driving in the wrong
direction.
5. CMV was struck because another
motorist was making a U-turn or illegal
turn.
6. CMV was struck because another
motorist did not stop or slow in traffic.
7. CMV was struck because another
motorist failed to stop at a traffic control
device.
8. CMV was struck because another
individual was under the influence (or
related violation, such as operating
while intoxicated), according to the
legal standard of the jurisdiction where
the crash occurred.
9. CMV was struck because another
motorist experienced a medical issue
which contributed to the crash.
10. CMV was struck because another
motorist fell asleep.
VerDate Sep<11>2014
17:56 Apr 12, 2023
Jkt 259001
11. CMV was struck because another
motorist was distracted (e.g., cellphone,
GPS, passengers, other).
12. CMV was struck by cargo or
equipment from another vehicle, or
debris (e.g., fallen rock, fallen trees,
unidentifiable items in the road);
13. CMV crash was a result of an
infrastructure failure.
14. CMV struck an animal.
15. CMV struck an individual
committing or attempting to commit
suicide.
16. CMV was struck on the side by a
motorist operating in the same direction
as CMV.
17. CMV was struck because another
motorist was entering the roadway from
a private driveway or parking lot.
18. CMV was struck because another
motorist lost control of the vehicle.
19. CMV was involved in a crash with
a non-motorist.
20. CMV was involved in a crash type
that seldom occurs and does not meet
another eligible crash type (e.g., being
struck by an airplane or skydiver or
being struck by a deceased driver in
another vehicle).
21. Any other type of crash where a
CMV was involved and a video
demonstrates the sequence of events of
the crash.
B. Reminders on CPDP Process and
System Impacts
Since the implementation of CPDP,
FMCSA has provided clarification and
individual reminders to submitters
participating in the program, as
questions have arisen. In an effort to
assist the public in better understanding
the CPDP process and system impacts,
FMCSA is providing the following
reminders.
Preventability Standard
The standard for making a
preventability determination remains
the same and is set forth in 49 CFR part
385, Appendix B, section II.B(e). The
burden continues to be on the submitter
to show by compelling evidence that the
crash was not preventable. FMCSA will
continue to display the current
disclaimer on the Safety Management
System (SMS) website and will continue
to include language in its determination
notifications to submitters explaining
that a crash preventability
determination does not assign fault or
legal liability for the crash.
Process
FMCSA will continue to make a
determination of preventable if there is
evidence that the driver or carrier could
have prevented the crash or was
prohibited from operating the CMV at
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
the time of the crash. This includes OOS
violations and license violations, as
previously noted, and driver
prohibitions in the Agency’s Drug and
Alcohol Clearinghouse.
FMCSA will continue to rely on the
Motor Carrier Management Information
System (MCMIS) crash report to confirm
that the driver was properly licensed at
the time of the crash. If this information
is missing from the MCMIS report or
MCMIS indicates the wrong license
class for the vehicle being operated, the
Commercial Driver’s License
Information System (CDLIS) report will
be used to verify the driver’s license.
Additionally, the CDLIS report is used
to confirm the driver was not operating
while suspended due to a drug or
alcohol violation. The crash will be
deemed preventable if documentation
shows that the driver was not qualified.
If CDLIS is used to verify the license
and the driver has renewed the license
or medical certificate since the date of
the crash, evidence of licensing or
medical certification on the date of the
crash will continue to be requested from
the submitter. Failure to provide any
requested information will continue to
preclude a not preventable
determination and result in an
undecided determination.
As a reminder, for crashes resulting in
a fatality, proper DOT post-accident
drug and alcohol testing results or the
required explanation of why the tests
were not completed or not completed
within the timeframes specified in
§ 382.303(d)(1) and (d)(2), must be
submitted. The tests must be conducted
in accordance with the requirements of
49 CFR part 40, which requires only the
use of a urine specimen for drug testing
and either breath or saliva testing for
alcohol. An exception for post-accident
alcohol testing conducted under the
authority of Federal, State, or local
officials permits the use of a blood test.
The crash will be deemed preventable if
the drug or alcohol test results are
positive or the driver refuses to submit
to a test. More information about proper
drug and alcohol testing procedures can
be found at https://www.fmcsa.dot.gov/
regulations/drug-alcohol-testingprogram.
Failure to provide requested
documents will preclude a not
preventable determination and may
result in an undecided determination.
Document Requirements
FMCSA will continue to require
submitters to provide the complete PAR
to participate in the program. The
submitter may also provide other
documentation, as the burden will
remain on the submitter to provide
E:\FR\FM\13APN1.SGM
13APN1
Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices
compelling evidence showing that the
crash was eligible and not preventable.
Therefore, if only the PAR is submitted
and it contains conflicting or
insufficient information about the crash
(i.e., the narrative is different than the
diagram or point of impact information)
and FMCSA cannot determine eligibility
for one of the 21 crash types, the crash
will be deemed not eligible. If the crash
is found to be eligible, but FMCSA does
not have compelling evidence to make
a determination, FMCSA will issue an
undecided determination.
Additionally, if the submitter starts an
RDR in DataQs without having a PAR,
the submitter can save the request as a
draft. Once a saved draft is inactive for
more than 14 days and the crash is older
than 90 days from the date of the crash,
CPDP will close these requests. The
submitter still has an opportunity to
open a new RDR but should ensure that
a PAR is uploaded with the request and
confirm that the submission is
completed.
Impacts to SMS and Pre-Employment
Screening Program (PSP)
For any of the 21 crash types noted
above, FMCSA will continue to display
the crashes in SMS with notations of not
preventable, preventable, or undecided
and will remove crashes with not
preventable determinations from the
SMS Crash Indicator BASIC calculation.
FMCSA will also note the not
preventable determinations in PSP for 5
years. FMCSA will continue to refrain
from notating preventable or undecided
determinations in PSP because the
driver may not be aware when the motor
carrier submits a crash that results in
one of those determinations.
lotter on DSK11XQN23PROD with NOTICES1
Crash Preventability Determinations
During Investigations and Safety Audits
It should be noted that the Crash
Preventability Determination Program
does not change FMCSA’s processes for
reviewing crashes during an
investigation or safety audit. If an
investigation or audit results in a
different determination than was made
through this program, FMCSA will
review all information provided, and
the determination made through this
program may change.
Implementation of Crash Type Updates
to CPDP
In order to accommodate the needed
changes to FMCSA’s DataQs system,
FMCSA expects that to have a start date
for the new crash types. These new
crash types will not be retroactive, that
is, a crash that occurs before the start
date of the new crash types will not
become eligible for submission under
VerDate Sep<11>2014
17:56 Apr 12, 2023
Jkt 259001
the CPDP after the start date. The new
date will be provided in the subsequent
Federal Register notice or on the
Agency’s website for the program.
For unchanged crash types and crash
types with wording changes, DataQs
will continue to allow submissions for
crashes occurring on or after August 1,
2019, up to 5 years from the date of the
crash. For example, a crash from 2020
where a CMV was struck because
another motorist failed to stop at a
traffic control device may be submitted
after the DataQs changes are
implemented.
In addition, RDRs submitted but not
yet receiving a determination in crash
types with wording changes will be
converted into the new types by FMCSA
during the DataQs programming.
The DataQs changes may require the
system to be temporarily unavailable to
accept new RDRs. System information
will be conveyed on the program’s
website and on DataQs.
IV. Comments Sought
FMCSA seeks comments generally on
the proposals described above.
However, FMCSA has been advised that
obtaining PARs from some States,
specifically Oregon, is more complex.
FMCSA also seeks information on any
other State that generally does not
provide a PAR and requests comments
on what alternative official document or
combination of documents the submitter
could provide as a substitute for the
required PAR.
Once comments are reviewed, and
any needed program changes are made,
the Agency will respond to comments
received to this notice and announce the
start of the updated program in the
Federal Register.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–07818 Filed 4–12–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2022–0094; Notice 1]
Hitachi Cable America Inc., Now
Known as Proterial Cable America,
Inc., and Harley-Davidson Motor
Company, Receipt of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
22523
Hitachi Cable America Inc.
(HCA), now known as Proterial Cable
America, Inc. (PCA), and HarleyDavidson Motor Company (HarleyDavidson) (collectively, ‘‘the
Petitioners’’) have determined that
certain PVC, Nylon, and ‘‘Revised
Socket’’ Nylon brake hose assemblies
equipped in certain model year (MY)
2008–2022 Harley-Davidson
motorcycles, and also sold to HarleyDavidson dealers as replacement parts,
do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No.
106, Brake Hoses. HCA filed an original
noncompliance report on July 27, 2022,
and amended the report on August 25,
2022, October 18, 2022, October 26,
2022, November 16, 2022, and March
30, 2023. Harley-Davidson filed its
initial noncompliance report dated
August 9, 2022, and amended the report
on December 6, 2022, February 7, 2023,
February 8, 2023, and March 8, 2023.
HCA petitioned NHTSA (the ‘‘Agency’’)
on August 19, 2022, and amended its
petition on November 10, 2022, for a
decision that the subject
noncompliances are inconsequential as
they relate to motor vehicle safety.
Harley-Davidson petitioned NHTSA on
September 2, 2022, and amended its
petition on December 29, 2022, for a
decision that the subject
noncompliances are inconsequential as
they relate to motor vehicle safety. This
document announces receipt of the
Petitioners’ petitions.
DATES: Send comments on or before
May 15, 2023.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and may be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590. The Docket
Section is open on weekdays from 10:00
a.m. to 5:00 p.m., except on Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
SUMMARY:
E:\FR\FM\13APN1.SGM
13APN1
]]>Agencies
[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22518-22523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07818]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0233]
Crash Preventability Determination Program
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
[[Page 22519]]
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: To address industry concerns about all crashes being used in
the Agency's Safety Measurement System (SMS), since May 2020 FMCSA has
been operating the Crash Preventability Determination Program (CPDP).
This program reviews 16 specific crash types and modifies information
in the SMS to distinguish not preventable crashes. The existing program
was an expansion of the Agency's previous demonstration program that
reviewed eight specific crash types. Through the incorporation of this
information into SMS, FMCSA is better positioned to identify unsafe
carrier and driver behaviors and prioritize carriers for interventions,
by excluding not preventable crashes when calculating a motor carrier's
Crash Indicator Behavior Analysis Safety Improvement Category measure
and percentile Based on the Agency's experiences with the crash types
and its reviews of crash eligibility, FMCSA proposes modifying existing
crash types to broaden eligibility, removing the distinction between
direct and indirect strikes, and differentiating some types for
improved reporting and use of the data to identify ways to reduce
crashes involving non-motorists, in alignment with the Department of
Transportation's National Roadway Safety Strategies at
www.transportation.gov/NRSS. In addition, FMCSA proposes that four new
crash types be included in the program. FMCSA seeks comments on these
proposed changes. FMCSA will respond to comments it receives on the
proposal and announce the start of the updated CPDP through a
subsequent Federal Register notice.
DATES: Comments must be received on or before June 12, 2023.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0233 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0233/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. DOT, 1200 New Jersey Avenue
SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
Hand Delivery or Courier: Dockets Operations, U.S. DOT,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Mr. Catterson Oh, Compliance Division,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
6160; [email protected]. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0233), indicate the specific section of this
document to which your 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 FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0233/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2022-0233/document and
choose the document to review. To view comments, click this notice then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
FMCSA solicits comments from the public to better inform its
processes. FMCSA 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--Federal Docket
Management System), which can be reviewed at https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf.
II. Background
Since its implementation in 2010, FMCSA's Safety Measurement System
(SMS) has used safety performance information in the Behavior Analysis
and Safety Improvement Categories (BASICs), in addition to recordable
crashes involving commercial motor vehicles (CMVs), to prioritize
carriers for safety interventions (75 FR 18256). The Crash Indicator
BASIC uses crashes from the previous 24 months to calculate percentiles
for motor carriers.
[[Page 22520]]
In addition, the public SMS website lists motor carriers'
recordable crashes. Although the Crash Indicator BASIC percentiles have
never been publicly available, stakeholders have expressed concern that
the use of all crashes in SMS, without an indication of preventability,
may give an inaccurate impression about the risk posed by the company.
In response to this concern, FMCSA announced a demonstration program on
July 27, 2017, to evaluate the preventability of certain categories of
crashes (82 FR 35045). Based on its experience in conducting the
demonstration program, and the strong support for continuing and
expanding this program, FMCSA initiated the Crash Preventability
Determination Program (CPDP).
Since May 2020, FMCSA has accepted Requests for Data Review (RDRs)
in its DataQs system to evaluate the preventability by the CMV driver
of the following 16 crash types, which were implemented as described in
a May 6, 2020, Federal Register notice (85 FR 27017). This was an
expansion from the Agency's previous demonstration program.
Struck in the Rear type of crash when the CMV was struck:
1. in the rear; or
2. on the side at the rear.
Wrong Direction or Illegal Turns type of crash when the CMV was
struck:
3. by a motorist driving in the wrong direction; or
4. by another motorist in a crash when a driver was operating in
the wrong direction; or
5. by a vehicle that was making a U-turn or illegal turn.
Parked or Legally Stopped type of crash when the CMV was struck:
6. while legally stopped at a traffic control device (e.g., stop
sign, red light, or yield) or while parked, including while the vehicle
was unattended.
Failure of the other vehicle to Stop type of crash when the CMV was
struck:
7. by a vehicle that did not stop or slow in traffic; or
8. by a vehicle that failed to stop at a traffic control device.
Under the Influence type of crash when the CMV was struck:
9. by an individual under the influence (or related violation, such
as operating while intoxicated), according to the legal standard of the
jurisdiction where the crash occurred; or
10. by another motorist in a crash where an individual was under
the influence (or related violation such as operating while
intoxicated), according to the legal standard of the jurisdiction where
the crash occurred.
Medical Issues, Falling Asleep or Distracted Driving type of crash
when the CMV was struck:
11. by a driver who experienced a medical issue that contributed to
the crash; or
12. by a driver who admitted falling asleep or admitted distracted
driving (e.g., cellphone, global positioning system (GPS), passengers,
other).
Cargo/Equipment/Debris or Infrastructure Failure type of crash when
the CMV:
13. was struck by cargo, equipment, or debris (e.g., fallen rock,
fallen trees, unidentifiable items on the road), or a crash resulting
from an infrastructure failure.
Animal Strike type of crash when the CMV:
14. struck an animal.
Suicide type of crash when the CMV:
15. struck an individual committing or attempting to commit
suicide.
Rare or Unusual type of crash when the CMV:
16. Was involved in a crash type that seldom occurs and does not
meet another eligible crash type (e.g., non-motorist involved crashes,
being struck by an airplane or skydiver or being struck by a deceased
driver).
Between May 1, 2020, and December 30, 2022, 39,133 RDRs were
submitted to FMCSA. Approximately 72.5 percent of the submitted RDRs
were eligible, meaning they were one of the 16 specific crash types.
Approximately 96 percent of the eligible crashes were found to have
been not preventable.
FMCSA maintains quarterly statistics on the program on its website
at www.fmcsa.dot.gov/crash-preventability-determination-program. As of
December 30, 2022, information from the program is as follows:
Table 1--Crash Preventability Program Determinations by Crash Type
----------------------------------------------------------------------------------------------------------------
Total Not
Crash type determinations preventable Preventable Undecided
----------------------------------------------------------------------------------------------------------------
1. When the CMV was struck by a motorist driving 1,206 1,157 19 30
under the influence (or related offense).......
2. When the CMV was struck by a motorist driving 1,288 1,195 36 57
in the wrong direction.........................
3. When the CMV was struck in the rear.......... 11,280 10,860 201 219
4. When the CMV was struck while legally stopped 1,931 1,858 40 33
or parked, including when the vehicle was
unattended.....................................
5. When the CMV was struck by an individual 54 51 2 1
committing or attempting to commit suicide by
stepping or driving in front of the CMV........
6. When the CMV sustained disabling damage after 584 581 3 0
striking an animal in the roadway..............
7. When the crash was a result of an 1,018 986 18 14
infrastructure failure or the CMV was struck by
cargo, equipment, or debris (e.g., fallen rock,
fallen trees, unidentifiable items in the road)
8. When the CMV was struck on the side at the 2,311 2,196 59 56
rear...........................................
9. When the CMV was struck by another motorist 64 55 0 9
in a crash when a driver was operating in the
wrong direction................................
10. When the CMV was struck by a vehicle that 414 399 6 9
was making a U-turn or illegal turn............
11. When the CMV was struck by a vehicle that 726 702 11 13
did not stop or slow in traffic................
12. When the CMV was struck by a vehicle that 3,306 3,205 40 61
failed to stop at a traffic control device.....
13. When the CMV was struck by another motorist 56 55 0 1
in a crash where an individual was under the
influence (or related violation such as
operating while intoxicated)...................
14. When the CMV was struck by a driver who 199 196 0 3
experienced a medical issue which contributed
to the crash...................................
[[Page 22521]]
15. When the CMV was struck by a driver who 965 940 15 10
admitted to falling asleep or admitted to
distracted driving (e.g., cellphone, GPS,
passengers, other).............................
16. When the CMV was involved in a crash type 294 254 9 31
that seldom occurs and does not meet another
eligible crash type (e.g., non-motorist
involved crashes, being struck by an airplane
or skydiver or being struck by a deceased
driver)........................................
---------------------------------------------------------------
Total....................................... 25,696 24, 690 459 547
----------------------------------------------------------------------------------------------------------------
As of December 30, 2022, 7,669 unique carriers had submitted RDRs.
Of these, 3,138 carriers submitted 1 RDR, 3,837 carriers submitted
between 2 and 9 RDRs, and 694 carriers submitted 10 or more RDRs. The
highest number of RDRs submitted by 1 carrier was 942 RDRs.
For the majority of crashes that were determined to be preventable,
the CMV driver was operating with a pre-crash out-of-service (OOS)
condition under the North American Standard OOS Criteria, which
includes the driver not being properly licensed on the day of the
crash. Many of these OOS violations were identified through post-crash
inspections that noted the pre-crash violations. The Agency explained
in its May 6, 2020, Federal Register notice that in these
circumstances, crashes would be found to be preventable (85 FR 27017).
The undecided determinations were primarily due to the submitter's
failure to provide, after FMCSA's request, documentation confirming the
validity of the driver's commercial driver's license (CDL) or medical
certification on the date of the crash or to resolve conflicting
information on the documentation provided about the crash. Undecided
determinations were also issued when a submitter did not provide drug
and alcohol testing results or explain why testing did not occur for
fatal crashes.
III. Implementation Proposal
A. Proposed List of Eligible Crash Types
FMCSA proposes changes to existing crash types and adds four new
crash types to expand the CPDP to review even more crashes each year
for preventability. These proposed changes are expected to double the
size of the current program and provide more data for analysis of the
impacts of a carrier's not preventable crashes on its overall safety.
FMCSA would analyze these changes to existing crash types and new crash
types for 24 months but may announce changes earlier if certain crash
types cannot be consistently reviewed or there is insufficient
information to make eligibility and preventability determinations.
These changes and its incorporation into SMS allow us to further
refine our prioritization to ensure the carriers and drivers with
riskiest behaviors are identified for prioritization. In addition, the
Agency believes that continued growth of the CPDP and the use of more
preventability information in assessing motor carriers will provide an
improved indication of a motor carrier's crash risk.
Changes to Existing Crash Types
FMCSA proposes changes to existing crash types to broaden the crash
types to allow more crashes to be eligible.
The current crash types to be changed are:
1. CMV was struck by a motorist driving in the wrong direction.
2. CMV was struck by another motorist in a crash when a driver was
operating in the wrong direction.
3. CMV was struck by a vehicle that was making a U-turn or illegal
turn.
4. CMV was struck by a vehicle that did not stop or slow in
traffic.
5. CMV was struck by a vehicle that failed to stop at a traffic
control device.
6. CMV was struck by an individual under the influence (or related
violation, such as operating while intoxicated), according to the legal
standard of the jurisdiction where the crash occurred.
7. CMV was struck by another motorist in a crash where an
individual was under the influence (or related violation such as
operating while intoxicated), according to the legal standard of the
jurisdiction where the crash occurred.
8. CMV was struck by a driver who experienced a medical issue which
contributed to the crash.
9. CMV was struck by a driver who admitted falling asleep or
admitted distracted driving (e.g., cellphone, GPS, passengers, other).
10. CMV was struck by cargo, equipment, or debris (e.g., fallen
rock, fallen trees, unidentifiable items in the road); or crash was a
result of an infrastructure failure.
11. CMV was involved in a crash type that seldom occurs and does
not meet another eligible crash type (e.g., non-motorist involved
crashes, being struck by an airplane or skydiver or being struck by a
deceased driver).
The proposed revised crash types are:
1. CMV was struck because another motorist was driving in the wrong
direction.
2. CMV was struck because another motorist was making a U-turn or
illegal turn.
3. CMV was struck because another motorist did not stop or slow in
traffic.
4. CMV was struck because another motorist failed to stop at a
traffic control device.
5. CMV was struck because another individual was under the
influence (or related violation, such as operating while intoxicated),
according to the legal standard of the jurisdiction where the crash
occurred.
6. CMV was struck because another motorist experienced a medical
issue which contributed to the crash.
7. CMV was struck because another motorist fell asleep.
8. CMV was struck because another motorist was distracted (e.g.,
cellphone, GPS, passengers, other).
9. CMV was struck by cargo, equipment, or debris (e.g., fallen
rock, fallen trees, unidentifiable items in the road);
10. CMV crash was a result of an infrastructure failure.
These changes would allow more crashes to be submitted for
consideration in the program.
11. CMV was involved in a crash with a non-motorist.
This change would create a separate type for these events. These
crashes are currently the predominant type submitted in the Rare and
Unusual crash type. This change will allow the Agency to distinguish
these events and use the information to identify ways to reduce the
increasing number of non-motorist crashes in alignment with the
Department's National Roadway Safety
[[Page 22522]]
Strategy objectives of Safer People and Safer Roads.
New Crash Types
In addition, FMCSA proposes to test the following four additional
crash types. These crashes were submitted during the determination
program but did not qualify for one of the current crash types.
However, the police accident reports (PARs), especially when paired
with other supporting documents, particularly videos, provided
sufficient information to potentially reach a preventability
determination.
1. CMV was struck on the side by a motorist operating in the same
direction. Currently, the crash type is limited to side strikes at the
very rear of the vehicle (e.g., 5:00 and 7:00 points of impact).
2. CMV was struck because another motorist was entering the roadway
from a private driveway or parking lot.
3. CMV was struck because another motorist lost control of their
vehicle. FMCSA reviewed many PARs that included this information but
were ineligible for the program under the current crash types.
4. Any other type of crash involving a CMV where a video
demonstrates the sequence of events of the crash.
FMCSA believes that the submission of videos could allow it to
review crashes that are not in the 21 other types.
As a result, a full list of the eligible crash types would be:
1. CMV was struck in the rear by a motorist.
2. CMV was struck on the side at the rear by a motorist.
3. CMV was struck while legally stopped at a traffic control device
or parked, including while the vehicle was unattended.
4. CMV was struck because another motorist was driving in the wrong
direction.
5. CMV was struck because another motorist was making a U-turn or
illegal turn.
6. CMV was struck because another motorist did not stop or slow in
traffic.
7. CMV was struck because another motorist failed to stop at a
traffic control device.
8. CMV was struck because another individual was under the
influence (or related violation, such as operating while intoxicated),
according to the legal standard of the jurisdiction where the crash
occurred.
9. CMV was struck because another motorist experienced a medical
issue which contributed to the crash.
10. CMV was struck because another motorist fell asleep.
11. CMV was struck because another motorist was distracted (e.g.,
cellphone, GPS, passengers, other).
12. CMV was struck by cargo or equipment from another vehicle, or
debris (e.g., fallen rock, fallen trees, unidentifiable items in the
road);
13. CMV crash was a result of an infrastructure failure.
14. CMV struck an animal.
15. CMV struck an individual committing or attempting to commit
suicide.
16. CMV was struck on the side by a motorist operating in the same
direction as CMV.
17. CMV was struck because another motorist was entering the
roadway from a private driveway or parking lot.
18. CMV was struck because another motorist lost control of the
vehicle.
19. CMV was involved in a crash with a non-motorist.
20. CMV was involved in a crash type that seldom occurs and does
not meet another eligible crash type (e.g., being struck by an airplane
or skydiver or being struck by a deceased driver in another vehicle).
21. Any other type of crash where a CMV was involved and a video
demonstrates the sequence of events of the crash.
B. Reminders on CPDP Process and System Impacts
Since the implementation of CPDP, FMCSA has provided clarification
and individual reminders to submitters participating in the program, as
questions have arisen. In an effort to assist the public in better
understanding the CPDP process and system impacts, FMCSA is providing
the following reminders.
Preventability Standard
The standard for making a preventability determination remains the
same and is set forth in 49 CFR part 385, Appendix B, section II.B(e).
The burden continues to be on the submitter to show by compelling
evidence that the crash was not preventable. FMCSA will continue to
display the current disclaimer on the Safety Management System (SMS)
website and will continue to include language in its determination
notifications to submitters explaining that a crash preventability
determination does not assign fault or legal liability for the crash.
Process
FMCSA will continue to make a determination of preventable if there
is evidence that the driver or carrier could have prevented the crash
or was prohibited from operating the CMV at the time of the crash. This
includes OOS violations and license violations, as previously noted,
and driver prohibitions in the Agency's Drug and Alcohol Clearinghouse.
FMCSA will continue to rely on the Motor Carrier Management
Information System (MCMIS) crash report to confirm that the driver was
properly licensed at the time of the crash. If this information is
missing from the MCMIS report or MCMIS indicates the wrong license
class for the vehicle being operated, the Commercial Driver's License
Information System (CDLIS) report will be used to verify the driver's
license. Additionally, the CDLIS report is used to confirm the driver
was not operating while suspended due to a drug or alcohol violation.
The crash will be deemed preventable if documentation shows that the
driver was not qualified.
If CDLIS is used to verify the license and the driver has renewed
the license or medical certificate since the date of the crash,
evidence of licensing or medical certification on the date of the crash
will continue to be requested from the submitter. Failure to provide
any requested information will continue to preclude a not preventable
determination and result in an undecided determination.
As a reminder, for crashes resulting in a fatality, proper DOT
post-accident drug and alcohol testing results or the required
explanation of why the tests were not completed or not completed within
the timeframes specified in Sec. 382.303(d)(1) and (d)(2), must be
submitted. The tests must be conducted in accordance with the
requirements of 49 CFR part 40, which requires only the use of a urine
specimen for drug testing and either breath or saliva testing for
alcohol. An exception for post-accident alcohol testing conducted under
the authority of Federal, State, or local officials permits the use of
a blood test. The crash will be deemed preventable if the drug or
alcohol test results are positive or the driver refuses to submit to a
test. More information about proper drug and alcohol testing procedures
can be found at https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing-program.
Failure to provide requested documents will preclude a not
preventable determination and may result in an undecided determination.
Document Requirements
FMCSA will continue to require submitters to provide the complete
PAR to participate in the program. The submitter may also provide other
documentation, as the burden will remain on the submitter to provide
[[Page 22523]]
compelling evidence showing that the crash was eligible and not
preventable. Therefore, if only the PAR is submitted and it contains
conflicting or insufficient information about the crash (i.e., the
narrative is different than the diagram or point of impact information)
and FMCSA cannot determine eligibility for one of the 21 crash types,
the crash will be deemed not eligible. If the crash is found to be
eligible, but FMCSA does not have compelling evidence to make a
determination, FMCSA will issue an undecided determination.
Additionally, if the submitter starts an RDR in DataQs without
having a PAR, the submitter can save the request as a draft. Once a
saved draft is inactive for more than 14 days and the crash is older
than 90 days from the date of the crash, CPDP will close these
requests. The submitter still has an opportunity to open a new RDR but
should ensure that a PAR is uploaded with the request and confirm that
the submission is completed.
Impacts to SMS and Pre-Employment Screening Program (PSP)
For any of the 21 crash types noted above, FMCSA will continue to
display the crashes in SMS with notations of not preventable,
preventable, or undecided and will remove crashes with not preventable
determinations from the SMS Crash Indicator BASIC calculation. FMCSA
will also note the not preventable determinations in PSP for 5 years.
FMCSA will continue to refrain from notating preventable or undecided
determinations in PSP because the driver may not be aware when the
motor carrier submits a crash that results in one of those
determinations.
Crash Preventability Determinations During Investigations and Safety
Audits
It should be noted that the Crash Preventability Determination
Program does not change FMCSA's processes for reviewing crashes during
an investigation or safety audit. If an investigation or audit results
in a different determination than was made through this program, FMCSA
will review all information provided, and the determination made
through this program may change.
Implementation of Crash Type Updates to CPDP
In order to accommodate the needed changes to FMCSA's DataQs
system, FMCSA expects that to have a start date for the new crash
types. These new crash types will not be retroactive, that is, a crash
that occurs before the start date of the new crash types will not
become eligible for submission under the CPDP after the start date. The
new date will be provided in the subsequent Federal Register notice or
on the Agency's website for the program.
For unchanged crash types and crash types with wording changes,
DataQs will continue to allow submissions for crashes occurring on or
after August 1, 2019, up to 5 years from the date of the crash. For
example, a crash from 2020 where a CMV was struck because another
motorist failed to stop at a traffic control device may be submitted
after the DataQs changes are implemented.
In addition, RDRs submitted but not yet receiving a determination
in crash types with wording changes will be converted into the new
types by FMCSA during the DataQs programming.
The DataQs changes may require the system to be temporarily
unavailable to accept new RDRs. System information will be conveyed on
the program's website and on DataQs.
IV. Comments Sought
FMCSA seeks comments generally on the proposals described above.
However, FMCSA has been advised that obtaining PARs from some States,
specifically Oregon, is more complex. FMCSA also seeks information on
any other State that generally does not provide a PAR and requests
comments on what alternative official document or combination of
documents the submitter could provide as a substitute for the required
PAR.
Once comments are reviewed, and any needed program changes are
made, the Agency will respond to comments received to this notice and
announce the start of the updated program in the Federal Register.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-07818 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-EX-P
