Proposed Rule2024-00522
Safety Fitness Determinations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
This notice of data availability (NODA) is to alert stakeholders and members of the public about information that FMCSA believes may be relevant to this proceeding. This NODA identifies information the Agency has become aware of and provides an opportunity for public comment. The Agency may consider this information in preparation for further regulatory action following an advance notice of proposed rulemaking (ANPRM).
Full Text
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<title>Federal Register, Volume 89 Issue 9 (Friday, January 12, 2024)</title>
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[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Proposed Rules]
[Pages 2195-2197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00522]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 350, 365, 385, 386, 387, and 395
[Docket No. FMCSA-2022-0003]
RIN 2126-AC52
Safety Fitness Determinations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of data availability; request for comments.
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SUMMARY: This notice of data availability (NODA) is to alert
stakeholders and members of the public about information that FMCSA
believes may be relevant to this proceeding. This NODA identifies
information the Agency has become aware of and provides an opportunity
for public comment. The Agency may consider this information in
preparation for further regulatory action following an advance notice
of proposed rulemaking (ANPRM).
DATES: Comments must be received by February 12, 2024.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0003 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to https://
www.regulations.gov/docket/
[[Page 2196]]
FMCSA-2022-0003/document. Follow the online instructions for submitting
comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, 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.
<bullet> 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: Ms. Stacy Ropp, (609) 661-2062,
<a href="/cdn-cgi/l/email-protection#da89bbbcbfaea39cb3aeb4bfa9a99ebfaebfa8b7b3b4bbaeb3b5b49abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="a1f2c0c7c4d5d8e7c8d5cfc4d2d2e5c4d5c4d3ccc8cfc0d5c8cecfe1c5ced58fc6ced7">[email protected]</span></a>. FMCSA office hours are from 7:30
a.m. to 4 p.m., Monday through Friday, except Federal holidays. 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
proceeding (FMCSA-2022-0003), 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 <a href="https://www.regulations.gov/docket/FMCSA-2022-0003/document">https://www.regulations.gov/docket/FMCSA-2022-0003/document</a>, click on this
NODA, 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.
FMCSA will consider all comments and material received during the
comment period.
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 NODA 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 NODA, 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 proceeding. 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 or via email at
<a href="/cdn-cgi/l/email-protection#680a1a010906460f460c0900040106280c071c460f071e"><span class="__cf_email__" data-cfemail="51332338303f7f367f3530393d383f11353e257f363e27">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0003/document">https://www.regulations.gov/docket/FMCSA-2022-0003/document</a> 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
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
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL 14--Federal Docket Management System (FDMS)), which can be reviewed
at <a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. The comments are posted without edit
and are searchable by the name of the submitter.
II. Background
FMCSA published an ANPRM in this proceeding stating the Agency was
interested in developing a new methodology to determine when a motor
carrier is not fit to operate commercial motor vehicles (CMVs) in or
affecting interstate commerce (Safety Fitness Determinations, 88 FR
59489 (Aug. 29, 2023)). The original deadline for submitting comments
in response to the ANPRM was extended from October 30, 2023, to
November 29, 2023 (88 FR 72727 (Oct. 23, 2023)). The background and
history of the procedures and standards for safety fitness
determinations, as well as the legal basis for such determinations,
were set out in detail in the ANPRM (88 FR at 59489-59493).
III. What information is available?
The following reports and studies provide information that FMCSA
may consider in responding to the public comments on the issues raised
and questions posed in the ANPRM and in the context of further
regulatory action. The list also provides links for the source of these
items.
The following material is available on the internet at the
locations specified below and in the docket for this rulemaking:
Bell, Jennifer L., et al. (2017). ``Evaluation of an in-vehicle
monitoring system (IVMS) to reduce risky driving behaviors in
commercial drivers: Comparison of in-cab warning lights and supervisory
coaching with videos of driving behavior.'' Journal of Safety Research.
60: 125-136, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5427714/">https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5427714/</a>.
Cai, Maio, et al. (2021). ``The association between crashes and
safety-critical events: Synthesized evidence from crash reports and
naturalistic driving data among commercial truck drivers.''
Transportation Research Part C: Emerging Technologies. 126: 103016,
<a href="https://doi.org/10.1016/j.trc.2021.103016">https://doi.org/10.1016/j.trc.2021.103016</a>.
Chen, Guang Xiang (2008). ``Impact of federal compliance reviews of
trucking companies in reducing highway truck crashes.'' Accident
Analysis & Prevention. 40: 238-245, <a href="https://doi.org/10.1016/j.aap.2007.06.002">https://doi.org/10.1016/j.aap.2007.06.002</a>.
Cicchino, Jessica B. (2017). ``Effectiveness of forward collision
warning and autonomous emergency braking systems in reducing front-to-
rear crash rates.'' Accident Analysis &
[[Page 2197]]
Prevention. 99 (Pt A): 142-152, <a href="https://dx.doi.org/10.1016/j.aap.2016.11.009">https://dx.doi.org/10.1016/j.aap.2016.11.009</a>.
Lotan, Tsippy and Toledo, Tomer (2006). ``In-vehicle data recorder
for evaluation of driving behavior and safety.'' Transportation
Research Record: Journal of the Transportation Research Board. 1953:
112-119, <a href="https://journals.sagepub.com/doi/pdf/10.1177/0361198106195300113">https://journals.sagepub.com/doi/pdf/10.1177/0361198106195300113</a>.
NHTSA (2023). 2021 FARS/CRSS coding and validation manual. Report
No. DOT HS 813 426. DOT, National Highway Traffic Safety
Administration, <a href="https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813426">https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813426</a>.
IV. What is FMCSA taking comment on and what supporting documentation
do I need to include in my comments?
FMCSA has become aware of the reports and studies listed above. The
Agency will be considering whether any material information contained
in these reports and studies may be relied upon by the Agency in
developing a proposed or final rule. This NODA is necessary to disclose
such possible reliance and to provide the interested public an
opportunity to comment on the accuracy and relevance of the information
(49 CFR 5.5(a)(1)).
The comment period for the ANPRM ended on November 29, 2023.
Comments submitted in response to this NODA must be limited to
addressing any relevant information in the reports and studies listed
above. Comments addressing other matters will not be considered by
FMCSA.
Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-00522 Filed 1-11-24; 8:45 am]
BILLING CODE 4910-EX-P
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