[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5506-5508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02437]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0177]


Crash Preventability Demonstration Program

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: On July 27, 2017, FMCSA announced the initiation of a crash 
preventability demonstration program in which the Agency would accept 
requests for data review (RDRs) to evaluate the preventability of 
certain categories of crashes through its national data correction 
system known as DataQs. This notice provides additional information to 
help submitters and other interested parties understand the 
demonstration program.

DATES: The crash preventability demonstration program began accepting 
RDRs on August 1, 2017, for crashes that occurred on or after June 1, 
2017.

FOR FURTHER INFORMATION CONTACT: Mr. Catterson Oh, Compliance Division, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Telephone 202-366-6160 or by email: 
[email protected]. If you have questions regarding viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    In a Federal Register noticed dated July 12, 2016, FMCSA proposed a 
demonstration program to determine the efficacy of preventability 
determinations on certain types of crashes that are generally less 
complex. (81 FR 45210) The Agency proposed to accept RDRs to evaluate 
the preventability of certain categories of crashes through its 
national data correction system known as DataQs. It proposed that a 
crash challenged through an RDR would be found not preventable when 
documentation submitted with the RDR

[[Page 5507]]

established that the crash was not preventable.
    On July 27, 2017, FMCSA published a subsequent Federal Register 
notice announcing the start of the demonstration program and explaining 
the details of the program.
    Since August 1, 2017, over 2,500 RDRs have been submitted to FMCSA. 
Based on the experiences operating the program for the first few 
months, the Agency identified some areas of the program requiring more 
instruction and details.

Demonstration Program Details

Correctly Submitting Eligible Crashes to the Demonstration Program

    The DataQs system includes both the standard review program and the 
crash preventability demonstration program. Some submitters have 
entered crashes under the standard review program, rather than the 
crash preventability demonstration program, by selecting ``Not an 
FMCSA-reportable crash'' or requesting the review of an ineligible 
crash. A selection of ``Not an FMCSA-reportable crash'' is for those 
crashes that do not meet FMCSA's recordable crash definition of a 
fatality, injury, or property damage requiring a vehicle to be towed 
from the scene. DataQs RDRs entered into the standard review program 
will be closed without a preventability determination because they were 
not submitted under the demonstration program. Also, when an RDR is 
submitted for a crash that is not eligible for the demonstration 
program, the system will close the RDR without any action. Examples of 
ineligible crashes include those that do not fall under the eight types 
of crashes and those that occurred before June 1, 2017.
    For the crash preventability demonstration program, submitters 
should choose ``Crash could not be prevented,'' ensure that the crash 
event date is on or after June 1, 2017, and select an eligible crash 
type. For more information, submitters should view the FMCSA video at 
https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program-video.

Types of Crashes

    The only types of crashes that will be reviewed using the RDR 
process during the demonstration program are:

    1. When the commercial motor vehicle (CMV) was struck by a 
motorist driving under the influence (or related offense);
    2. When the CMV was struck by a motorist driving the wrong 
direction;
    3. When the CMV was struck in the rear;
    4. When the CMV was struck while it was legally stopped or 
parked, including when the vehicle was unattended;
    5. When the CMV struck an individual committing or attempting to 
commit suicide by stepping or driving in front of the CMV;
    6. When the CMV sustained disabling damage after striking an 
animal in the roadway;
    7. When the crash was the result of an infrastructure failure, 
falling trees, rocks, or other debris; or
    8. When the CMV was struck by cargo or equipment from another 
vehicle.

    A significant number of RDRs submitted are, in fact, not eligible 
for the demonstration program. Below are examples of crash types that 
were submitted, and determined to be not eligible for the program:

    1. Crashes that do not match any eligible crash type.
    2. RDRs asserting the driver who struck the CMV was operating 
under the influence without any supporting evidence, such as 
documents showing testing results, citation, or arrest.
    3. RDRs submitted for crashes identified as ``struck by a 
motorist driving the wrong direction'' where the vehicle that struck 
the CMV was not operating completely in the wrong lane and in the 
wrong direction. These crashes do not include when the vehicle that 
struck the CMV swerved across the center line but did not travel 
entirely in the wrong lane and in the wrong direction. In addition, 
this crash type does not include crashes at intersections, crashes 
with vehicles completing a U-turn, or when a vehicle traveling in 
the same direction as the CMV crashes into the CMV for whatever 
reason.
    Eligible crashes include when the vehicle that struck the CMV 
completely crossed the median or center line and traveled into 
opposing traffic or was operating in the wrong direction on a 
divided highway.
    4. RDRs for crashes where the CMV was struck in other places on 
the vehicle, but not in the rear. For the purposes of this 
demonstration program, FMCSA is defining ``struck in the rear'' to 
mean only crashes when the rear plane of the CMV was struck. Crashes 
where the CMV was struck on the side near the rear of the vehicle, 
or other places on the vehicle, are not eligible. This includes 
crashes where the vehicle was struck at the 7 o'clock or 5 o'clock 
positions.
    5. RDRs for crashes when the vehicle was stopped in traffic and 
not legally stopped or parked.
    6. RDRs alleging a suicide attempt without any supporting 
evidence.
    7. RDRs indicating the CMV struck other vehicles stopped for a 
fallen tree or rocks, but the CMV did not strike the tree or rocks.
    8. RDRs asserting the CMV was struck by cargo or equipment, but 
the documentation establishes the CMV was actually hit by another 
vehicle.
    These parameters are needed so that the Agency can accurately 
and consistently assess the evaluation of crashes during the 
demonstration program.

Documents To Be Submitted

    Because the burden is on the submitter to show by compelling 
evidence that the crash was not preventable, the submitter should 
submit all evidence in support of the preventability determination. The 
Agency considers all relevant evidence submitted. FMCSA is not, 
however, requiring any specific documentation in support of a 
preventability determination.
    FMCSA advised in its July 27, 2017, Federal Register notice that 
the Agency could request additional information on the crash, which may 
include any documentation the carrier is required to maintain under the 
Agency's regulations. In some instances, FMCSA will request additional 
information to confirm that the driver was operating in compliance with 
applicable regulatory requirements. To date in the demonstration 
program, FMCSA has requested the following types of documents:

    1. Proof of a valid Commercial Driver's License (CDL) on the 
date of the crash--If the license was renewed after the crash date, 
FMCSA is unable to determine the license status on the date of the 
crash because the Commercial Driver's License Information System 
(CDLIS) provides only the new license issuance date. If the 
submitter does not provide documentation of a valid CDL on the date 
of the crash, in response to FMCSA's request, the crash 
determination will be ``Undecided'' because FMCSA cannot confirm the 
driver was operating with a valid CDL.
    2. Proof of a valid medical certificate on the date of the 
crash--If the CDLIS system indicates the medical certificate was 
expired on the date of the crash and evidence of a valid medical 
certificate on the date of the crash is not submitted in response to 
FMCSA's request, the crash determination will be ``Undecided'' 
because FMCSA cannot confirm the driver was operating with a valid 
medical certificate.
    3. Proof that the driver was operating in accordance with the 
excepted status--If a CDL driver has an exempt license, FMCSA is 
requesting information about the load to confirm the driver was 
operating within the restrictions of the license. If the 
documentation of the load is not provided, the determination will be 
``Undecided'' because FMCSA cannot confirm the driver was operating 
in compliance with CDL restrictions.

    It is incumbent on the submitter to accurately provide the 
requested document such as a medical card or CDL for the date of the 
crash. In addition, when documents such as police accident reports and 
insurance papers are submitted, full copies should be provided.

[[Page 5508]]

Re-Opening RDRs

    If a submitter receives a determination that the crash was 
preventable or undecided, or the RDR is closed for another reason, the 
RDR may be re-opened once. The request will be reconsidered by FMCSA 
only if additional documentation or new information is submitted. If 
additional information or documentation is not provided, the RDR will 
be closed with the initial determination without further consideration.
    Additionally, once an RDR is closed, the Agency will not be 
responding to additional comments submitted through the DataQs system. 
The RDR must be reopened and additional information submitted as cause 
for FMCSA to reconsider the determination.

Input From the Public

    The opportunity to collect information from other parties is 
critical to determining the impacts and costs of this demonstration 
program. During the demonstration program, if a crash review results in 
a preliminary determination that the crash was not preventable, the 
Agency will publish the crash report number, U.S. DOT number, motor 
carrier name, crash event date, crash event State and crash type on its 
DataQs website.
    Any member of the public with documentation or data to refute the 
proposed determination has 30 days to submit the documentation through 
the DataQs system at https://dataqs.fmcsa.dot.gov. Information on how 
to submit additional documentation is available at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program.
    Any new documents or data will be reviewed and considered before 
FMCSA makes a final determination. Final determinations will be 
published on SMS within 60 days of the final decision.
    However, based on feedback from some stakeholders, the Agency 
recognizes that some parties involved in the crash might not be able to 
provide input within 30 days. The Agency will maintain a list of not 
preventable final determinations on its website at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program. 
This list will be updated monthly. If at any time during this 
demonstration program a party has information and documentation to 
counter this determination, FMCSA will accept that information at 
[email protected]. Therefore, determinations may be revised 
after consideration of this additional information.

Agency Use of Data

    As explained in the July 17, 2017, Federal Register notice, final 
determinations made through this demonstration program will be noted on 
the Agency's Safety Measurement System (SMS). No crashes are removed 
from SMS as a result of this demonstration program. For the purpose of 
prioritizing motor carriers for safety interventions, FMCSA will 
continue to use all crashes during the demonstration program.
    The crash preventability determinations made under this program 
will not affect any carrier's safety rating or ability to operate. 
FMCSA will not issue penalties or sanctions based on these 
determinations, nor do they establish any obligations or impose legal 
requirements on any motor carrier. These determinations also will not 
change how the Agency will make enforcement decisions.
    Information submitted about a crash as part of this demonstration 
program may be shared with the appropriate FMCSA Division Office for 
further investigation. Likewise, if an investigation reveals additional 
information about a crash for which the demonstration program made a 
preventability determination, this information may be shared within the 
Agency and the crash subjected to further review.
    Throughout this demonstration period, FMCSA will maintain data so 
that at the conclusion of the demonstration program, the Agency can 
conduct analyses. It is expected that the Agency's analyses would 
include, but not be limited to, the cost of operating the test and its 
extrapolation to a larger program; future crash rates of carriers that 
submitted RDRs, future crash rates of motor carriers with not 
preventable crashes, and impacts to SMS crash rates and improvements to 
prioritization.
    Additionally, under 49 U.S.C. 504(f), ``No part of a report of an 
accident occurring in operations of a motor carrier, motor carrier of 
migrant workers, or motor private carrier and required by the 
Secretary, and no part of a report of an investigation of the accident 
made by the Secretary, may be admitted into evidence or used in a civil 
action for damages related to a matter mentioned in the report or 
investigation.'' The crash preventability determinations made under 
this program are intended only for FMCSA's use in determining whether 
the program may improve the Agency's prioritization tools. These 
determinations are made on the basis of information available to FMCSA 
at the time of the determination and are not appropriate for use by 
private parties in civil litigation. These determinations do not 
establish fault or negligence by any party and are made by persons with 
no personal knowledge of the crash.

DataQs

    Motor carriers and drivers, as well as any member of the public, 
may submit crash preventability RDRs through the Agency's DataQs 
system. DataQs has been modified to provide this functionality. The 
DataQs system is available at: https://dataqs.fmcsa.dot.gov. The DataQs 
User Guide advises that it should take 2 weeks to have an RDR reviewed. 
The User Guide is for RDRs that are not in the demonstration program. 
Based on the volume of RDRs submitted, the Agency's timeframe for 
review is averaging 3 to 4 weeks.
    Additional information on how to submit a crash preventability RDR 
is available on the Agency's website at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program.

    Issued under the authority delegated in 49 CFR 1.87 on: January 
31, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-02437 Filed 2-6-18; 8:45 am]
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