[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Pages 51748-51750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19239]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-18898 and FMCSA-1998-3639]


Comprehensive Safety Analysis 2010 Initiative

AGENCY: Federal Motor Carrier Safety Administration.

ACTION: Notice of Public Listening Sessions.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces a series of Public Listening Sessions to solicit input on 
ways the FMCSA can improve its process of monitoring and assessing the 
safety of the motor carrier industry and how that information should be 
presented to the public. FMCSA is calling this effort the Comprehensive 
Safety Analysis 2010 Initiative. Through its current compliance review 
process, FMCSA is able to conduct compliance reviews on only a small 
percentage of the 675,000 active interstate motor carriers. The FMCSA 
is looking for ways to improve monitoring of motor carriers, to make 
agency processes more efficient, and to expand its enforcement and 
compliance reach in the regulated community in order to improve FMCSA's 
ability to meet its goal of significantly reducing crashes, fatalities, 
and injuries involving large trucks and buses.
    Dates and Locations: The Public Listening Sessions will be held 
from 9 a.m. until 4 p.m. on the following dates at the following 
locations:
    Session 1: September 21, 2004--Doubletree Hotel, Mission Valley, 
7450 Hazard Center Drive, San Diego, California.
    Session 2: September 28, 2004--Sheraton Atlanta, 165 Courtland 
Street at International Blvd, Atlanta, Georgia.
    Session 3: October 5, 2004--Hampton Inn & Suites Dallas/Mesquite, 
1700 Rodeo Drive, Mesquite, Texas.
    Session 4: October 12, 2004--Wyndham Chicago, 633 North St. Clair, 
Chicago, IL.
    Session 5: October 19, 2004--Fairview Park Marriot, 3111 Fairview 
Park Drive, Falls Church, VA.
    Session 6: October 26, 2004--Sheraton Springfield, One Monarch 
Place, Springfield, MA.
    Registration for each session will be limited. For more information 
or to register to attend or speak at the Public Listening Sessions, see 
FOR FURTHER INFORMATION CONTACT below.

ADDRESSES: You may also submit written comments identified by DOT DMS 
Docket Number FMCSA-2004-18898 and FMCSA-1998-3639 by any of the 
following methods:
    Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 1-(202)-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this proceeding. Note that all comments received will 
be posted without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register

[[Page 51749]]

published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or 
you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: To register to attend a Public 
Listening Session, please follow one of two methods:
    (a) Go online to: http://www.Acteva.com/go/FMCSA and fill in the 
necessary information. You will be asked for information such as your 
name, title, organization, mailing address and which session you wish 
to attend; or
    (b) Telephone Touchstone Consulting, Inc. in Washington, DC at 
(202) 449-7354 and a person will register you over the phone.
    Please note that registration for the Public Listening Sessions 
will open at 9 a.m. EDT on August 30, 2004 and will end at 5 p.m. EDT 
on the Tuesday preceding each session. For example, registration for 
the October 26, 2004 Public Listening Session will close 5 p.m. EDT 
Tuesday October 19, 2004.
    Registration at each Public Listening Session will be limited to 
the first people to sign up. You will be asked for identification at 
the welcome table at the event. Lunch will be served.
    All attendees will be encouraged to participate during the Public 
Listening Session discussion periods.
    For general information about this initiative, contact Mr. William 
Quade, (202) 366-2172, FMCSA, Office of Enforcement and Compliance, 400 
Seventh Street, SW., Room 8310, Washington, DC 20590 or at 
[email protected].

SUPPLEMENTARY INFORMATION: FMCSA is reviewing its process for 
monitoring and assessing the safety of the motor carrier industry. 
FMCSA would like its safety oversight process to reflect a proactive, 
research-based, legally supportable, comprehensive approach to 
improving commercial motor vehicle safety--one that maximizes use of 
FMCSA resources including information systems and technology, reduces 
high-risk behavior in the motor carrier industry, and enhances FMCSA's 
ability to meet its goal of significantly reducing crashes, fatalities, 
and injuries involving large trucks and buses. Although the current 
process reflects these attributes, the agency recognizes the 
limitations of the process and wants to address them.
    To that end, FMCSA is holding six Public Listening Sessions to 
solicit ideas and feedback from its stakeholders and all interested 
parties, including the industry, drivers, insurance groups, safety 
advocacy groups, and FMCSA's governmental partners, especially States, 
concerning how FMCSA might improve its process of monitoring and 
assessing the safety of the motor carrier industry. The Public 
Listening Sessions will be arranged and facilitated by a FMCSA 
contractor.

Background

    The compliance review (CR) is the centerpiece of FMCSA's current 
oversight program and is an effective tool for saving lives and 
assessing a carrier's safety condition. FMCSA's current CR program uses 
adherence to Federal laws and regulations as the primary indicator of 
the safety posture of a motor carrier. This tool focuses on motor 
carriers and renders safety fitness determinations in accordance with 
Congressional mandates expressed in 49 U.S.C. 31144, Safety fitness of 
owners and operators (requirement for safety fitness determination of 
owners and operators of commercial motor vehicles). While FMCSA 
determines, to a limited extent, the compliance and safety of 
commercial motor vehicle (CMV) drivers and pursues enforcement against 
them, if warranted, the safety fitness of individual CMV drivers is not 
evaluated by current FMCSA systems. Also, because the CR relies on the 
USDOT number as a unique identifier, safety fitness assessments do not 
track the individuals within a motor carrier responsible for safety 
such as CMV drivers, corporate officers, partners, or safety directors.

Impetus for Change

    Since the Motor Carrier Safety Improvement Act of 1999 (MCSIA) 
(Pub. L. 106-159, 13 Stat. 1748) created FMCSA as an independent DOT 
modal agency, the motor carrier population has increased steadily. At 
the same time, FMCSA's programmatic responsibilities have also 
increased with:
     Implementation of Congressional mandates such as the New 
Entrant Program (Section 210 of MCSIA);
     Preparing for the opening of the border with Mexico; and
     Taking an increased role in ensuring transportation 
security.
    FMCSA's existing compliance and safety programs improve and promote 
safety performance. However, despite increases in regulated population 
and programmatic responsibilities, resources for these efforts remain 
relatively constant. This flattening of resources renders it difficult 
for existing programs, and the information systems that support these 
programs, to maintain prolonged and sustained improvements to motor 
carrier safety.
    In its present structure, FMCSA's CR program is resource intensive 
and reaches only a small percentage of motor carriers. On-site CRs take 
one safety investigator an average of 3 to 4 days to complete so, at 
present staffing levels, FMCSA can perform CRs on only a small portion 
of the 675,000 active interstate motor carriers. In addition, the 
current CR program does not easily reflect the impact that people 
involved in the carrier's operation, such as managers, owners, and 
drivers operators, have on safety. Delayed, incomplete, and inaccurate 
data impede efforts to establish a performance-based, automated, data-
driven process for improving safety performance. These limitations have 
caused FMCSA to explore ways to improve its safety oversight process.

The Public Listening Sessions Seek Stakeholder Input

    FMCSA has developed a preliminary list of ideal attributes and 
basic components that FMCSA believes should be part of any model for 
FMCSA's oversight of the industry:
     Flexible--Adaptable to Changing Environment.
     Efficient--Maximize Use of Resources.
     Effective-Improve Safety Performance.
     Innovative--Leverage Data and Technology.
     Equitable--Fair and Unbiased.
    During the Public Listening Sessions FMCSA will explain its 
processes and research to date, and describe the attributes and 
components the Agency believes are appropriate underpinnings to 
evaluate safety fitness. FMCSA will accept comments on the desired 
state of safety compliance in the industry, the suitability of the 
preliminary list of attributes and components, and the information, 
processes, and strategies FMCSA should consider for a new approach to 
safety analyses.
    The Public Listening Sessions will include a morning plenary 
session and up to four facilitated afternoon breakout sessions. The 
participants will be invited to discuss, among other things, the 
following:
    1. How effective is FMCSA's current compliance review process? What 
is working now? Not working?
    2. What alternative methods should FMCSA consider for determining 
carrier safety fitness and for addressing unsafe behaviors?
    3. What should be the focus of FMCSA's safety analysis process? 
Motor carriers? Drivers? Owners? Other people or entities associated 
with safety?
    4. Should FMCSA present its safety evaluations to the public? How?

[[Page 51750]]

    5. What should be the key attributes of a program to assess motor 
carrier safety?
    6. How should safety be measured? This measurement may be used to 
focus FMCSA resources and to assess safety under 49 U.S.C. 31144, 
Safety fitness of owners and operators.
    A. Which data elements (crashes, inspection results, violations, 
financial condition) are the best indicators of safe (or unsafe) 
operations? Are there other important safety indicators we currently 
overlook?
    B. How should FMCSA consider historical data when measuring safety?
    C. How should FMCSA consider unique characteristics of the 
operations (hazardous materials, passengers, others) when measuring 
safety?
    7. What compliance and enforcement tools are most effective? 
Currently FMCSA's interventions include issuing warning letters, 
issuing civil penalties, and placing motor carriers out-of-service.
    A. What types of interventions are most effective?
    B. How should FMCSA use history and characteristics of the motor 
carrier's operations in determining which intervention is appropriate?

Effect on Other Regulations

    FMCSA is conducting a related rulemaking proceeding (RIN AA37; 
Docket No. FMCSA-1998-3639) to examine the Safety Fitness Procedures 
the agency uses to rate motor carriers. An Advance Notice of Proposed 
Rulemaking was published for this docket in 1998 (63 FR 38788; July 20, 
1998). These listening sessions are broader in scope than the Safety 
Fitness Procedures, because they relate to FMCSA's entire compliance 
review and safety analysis process, FMCSA does anticipate that some of 
the comments at the listening session or comments to the docket may 
contain information relevant to the Safety Fitness Procedures 
proceeding. Therefore, FMCSA will be adding all comments made during 
the listening sessions and comments made to this docket to Docket No. 
FMCSA-1998-3639 for RIN 2126-AA37. FMCSA anticipates publishing a 
subsequent rulemaking notice under RIN 2126-AA37 following analysis of 
the listening sessions and decisions on FMCSA's long-term plan for 
monitoring motor carrier safety.

    Issued on: August 18, 2004.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 04-19239 Filed 8-18-04; 2:16 pm]
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