Notice2024-02539
Request for Information Concerning the Study of Sexual Assault and Sexual Harassment in the Commercial Motor Vehicle Industry
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
February 8, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA is planning to undertake a study to understand and quantify the prevalence and severity of sexual assault and sexual harassment (SASH) experienced across the commercial motor vehicle (CMV) industry, particularly among drivers. FMCSA seeks information on how best to design and conduct a study to identify, categorize, and assess context and trends of SASH in the CMV industry. FMCSA is particularly interested in how to support women currently in these jobs and those seeking to enter the CMV industry. This RFI seeks information on how best to approach this study holistically in terms of statistical sampling, study design, and administering the appropriate data collection efforts. For example, FMCSA seeks information on how best to treat categories of gender, sexual orientation, and ethnicity in the study, as well as best practices in designing questions that use the latest standards for SASH research and address the breadth and lifecycles of careers in the CMV industry. This study builds on recommendations from FMCSA's Women of Trucking Advisory Board (WOTAB) to better understand problems of SASH among drivers, thereby helping identify possible countermeasures. FMCSA will use the results of this study to understand any potential regulatory or policy measures needed to improve driver safety and mitigate SASH; work with industry partners on outreach and other efforts to improve driver safety through SASH prevention; and support the participation of women in the CMV industry.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 27 (Thursday, February 8, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8737-8739]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02539]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0061]
Request for Information Concerning the Study of Sexual Assault
and Sexual Harassment in the Commercial Motor Vehicle Industry
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice; request for information.
-----------------------------------------------------------------------
SUMMARY: FMCSA is planning to undertake a study to understand and
quantify the prevalence and severity of sexual assault and sexual
harassment (SASH) experienced across the commercial motor vehicle (CMV)
industry, particularly among drivers. FMCSA seeks information on how
best to design and conduct a study to identify, categorize, and assess
context and trends of SASH in the CMV industry. FMCSA is particularly
interested in how to support women currently in these jobs and those
seeking to enter the CMV industry. This RFI seeks information on how
best to approach this study holistically in terms of statistical
sampling, study design, and administering the appropriate data
collection efforts. For example, FMCSA seeks information on how best to
treat categories of gender, sexual orientation, and ethnicity in the
study, as well as best practices in designing questions that use the
latest standards for SASH research and address the breadth and
lifecycles of careers in the CMV industry. This study builds on
recommendations from FMCSA's Women of Trucking Advisory Board (WOTAB)
to better understand problems of SASH among drivers, thereby helping
identify possible countermeasures. FMCSA will use the results of this
study to understand any potential regulatory or policy measures needed
to improve driver safety and mitigate SASH; work with industry partners
on outreach and other efforts to improve driver safety through SASH
prevention; and support the participation of women in the CMV industry.
DATES: Comments on this notice must be received on or before March 11,
2024.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2024-0061 using any of the following methods:
<bullet> Go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0061/document">https://www.regulations.gov/docket/FMCSA-2024-0061/document</a>. 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.
FOR FURTHER INFORMATION CONTACT: Nicole Katsikides, Ph.D., Senior
Transportation Specialist, Research Division, FMCSA, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; (202) 940-6645;
<a href="/cdn-cgi/l/email-protection#cb85a2a8a4a7aee580aabfb8a2a0a2afaeb88bafa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="da94b3b9b5b6bff491bbaea9b3b1b3bebfa99abeb5aef4bdb5ac">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this notice as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Comments on the Information Collection
[[Page 8738]]
II. Background
III. Request for Information
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0061), 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-2024-0061/document">https://www.regulations.gov/docket/FMCSA-2024-0061/document</a>, 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.
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 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 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#ed8f9f848c83c38ac3898c85818483ad898299c38a829b"><span class="__cf_email__" data-cfemail="6a0818030b04440d440e0b020603042a0e051e440d051c">[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 notice.
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-2024-0061/document">https://www.regulations.gov/docket/FMCSA-2024-0061/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 Act
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="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edit and are
searchable by the name of the submitter.
II. Background
SASH are long-standing challenges for the CMV driving community,
particularly for women. Addressing these challenges is a priority for
the Department, FMCSA, and WOTAB.<SUP>1 2</SUP> Through previous
research efforts, FMCSA sought to understand, characterize, and assess
the prevalence and severity of SASH within the CMV industry. FMCSA had
little information on the breadth of SASH problems in the industry or
recommendations for solutions, and a study, Crime Prevention for
Truckers Study, helped frame the issues, including how to best support
women in CMV careers through countermeasures designed to mitigate
SASH.\3\ Further, this study evaluated harassment of women and minority
men truckers with incidents among non-minority men serving as a control
group.
---------------------------------------------------------------------------
\1\ Chartered by the Secretary of Transportation on February 11,
2022, WOTAB is charged with reviewing and reporting on policies that
provide education, training, mentorship, or outreach to women in the
trucking industry and to improve recruitment, retention, or
advancement of women in the trucking industry (<a href="https://www.fmcsa.dot.gov/wotab">https://www.fmcsa.dot.gov/wotab</a>).
\2\ <a href="https://www.fmcsa.dot.gov/advisory-committees/wotab/wotab-meetings">https://www.fmcsa.dot.gov/advisory-committees/wotab/wotab-meetings</a>.
\3\ <a href="https://www.fmcsa.dot.gov/research-and-analysis/crime-prevention-truckers-study">https://www.fmcsa.dot.gov/research-and-analysis/crime-prevention-truckers-study</a>.
---------------------------------------------------------------------------
The study found that harassment and crime against drivers are
prevalent. Drivers reported a range of harassment types, such as being
called offensive names or threatened with weapons. Further, harassment
is not limited by gender and race, as the study found it extends to
religion, lifestyle, and sexual orientation. The study concluded that
women truck drivers are particularly vulnerable to crimes that are
sexual in nature and are more likely to experience harassment from
another truck driver or from trainers. Crimes against women truck
drivers are more likely to happen at night, though they also occur
throughout the day and cycle of a driver's run.
The study further found that many harassment incidents go
unreported, but women are reporting more than men. Most respondents
said that they did not think reporting harassment would make a
difference. Many felt there might be retaliation or problems in some
way, and they chose not to report the incident(s). However, women truck
drivers were found to be two to four times more likely to report being
touched without permission compared to non-minority men, and minority
women were up to nine times more likely to report being physically
harmed compared to non-minority men. Non-minority women are two to six
times as likely than non-minority men to be touched without permission.
The study included recommendations that were taken from the survey
respondents' comments (although these recommendations were not
evaluated to determine feasibility, appropriateness, and most
importantly, their ability to improve driver safety).
When the study was released, WOTAB received several comments,
formally and informally, from industry groups and organizations focused
on researching and stopping violence against women and
SASH.<SUP>4 5 6</SUP> These organizations expressed concern that
[[Page 8739]]
the FMCSA study was not comprehensive and that more questions needed to
be asked to determine the full nature of the SASH problem. Key areas of
concern included:
---------------------------------------------------------------------------
\4\ <a href="https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/national-womens-law-center-public-comment">https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/national-womens-law-center-public-comment</a>.
\5\ <a href="https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/futures-without-violence-public-comment">https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/futures-without-violence-public-comment</a>.
\6\ <a href="https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/real-women-trucking-public-comment-solutions-address-sexual">https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/real-women-trucking-public-comment-solutions-address-sexual</a>.
---------------------------------------------------------------------------
1. Sample design and categories of gender, sexual orientation, and
ethnicity.
2. Types of questions asked to capture SASH and not using the
latest standards in SASH research to design questions.
3. Development of appropriate and evaluated recommendations to
inform actions for SASH prevention.
While the study framed the SASH issues in the industry and provided
some preliminary data to understand magnitude, WOTAB's discussions on
the study and other issues for women in the CMV industry indicated a
need for additional research, especially to support improved
participation of women in CMV careers. Additional research was
suggested to support potential policy changes that would address
improvements to current practices and reporting methods for drivers
related to SASH, and to establish improved outreach and safety
resources. WOTAB noted in particular that it is important to understand
SASH with additional depth and breadth to ensure there is an awareness
of the magnitude of SASH across the industry.
Therefore, FMCSA seeks to develop a comprehensive, expanded study
that achieves a deeper framing and understanding of baseline data and
issues related to SASH. FMCSA seeks input from stakeholders to help in
the design of a new study.
III. Request for Information
In developing the SASH study, FMCSA seeks input on the elements
that should be included or considered. Please include answers to the
following questions in your response:
1. What is the optimal study design to capture SASH information
within the CMV industry, particularly among drivers? FMCSA is
considering a survey and interview approach, as well as potential peer
reviews of findings at key milestones throughout the study. What type
of study design will best characterize the nature and scope of sexual
assault and sexual harassment within the CMV industry that can be used
to develop appropriate countermeasures?
2. What are best practices or methods for capturing gender identity
information?
3. What are best practices to consider when asking demographic
questions about sexual orientation and ethnicity?
4. Are there other categories of participant demographics that
would improve the study (e.g., education, age, income, length of time
in position (or in the industry), segment of the CMV industry,
geographic region of operation, etc.)? Please be specific and provide
rationale for including such questions, including how they may be used
in characterizing the SASH problem and developing countermeasures and
recommendations.
5. Who should be included (i.e., targeted stakeholders) in a SASH
study for the CMV industry?
6. What options exist to best incorporate stakeholder input and
feedback throughout the study (e.g., surveys, individual interviews,
focus groups, or other formats)?
7. What research is available for designing and administering
questions about SASH (e.g., style of questions, sequencing, repetition,
phrasing, etc.)?
8. What are the best methods to capture SASH issues and trends
throughout the evolution of one's career (trainee, driver, other
positions across the CMV industry (e.g., manager, trainer, scheduler,
safety employee, retiree, those who have left the industry)?
9. What are the optimum methods to capture the breadth of SASH?
What categories of questions should FMCSA include that will ensure a
comprehensive approach to the issue?
10. What are good practices for informing stakeholders and the
public at key milestones during a long study? How can FMCSA best
disseminate information (e.g., literature review, preliminary results)
to keep stakeholders informed without compromising the integrity of the
study?
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-02539 Filed 2-7-24; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.