[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Proposed Rules]
[Pages 12062-12064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05151]



Federal Motor Carrier Safety Administration

49 CFR Parts 350, 365, 385, 386, 387, and 395

[Docket No. FMCSA-2015-0001]
RIN 2126-AB11

Carrier Safety Fitness Determination

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

ACTION: Notice; extension of comment period and technical correction.


SUMMARY: FMCSA extends the public comment period for the Agency's 
notice of proposed rulemaking (NPRM) that published on January 21, 
2016. This NPRM concerns the proposals to the current methodology for 
issuance of safety fitness determinations (SFD) for motor carriers. The 
Agency extends the deadline for the submission of initial comments to 
May 23, 2016. Reply comments will be due on or before June 23, 2016. In 
addition, FMCSA corrects the title and date of an American 
Transportation Research Institute (ATRI) study report that the NPRM 
cited about the Agency's Safety Measurement System (SMS).

DATES: FMCSA is extending the initial comment period for the proposed 
rulemaking published on January 21, 2016 (81 FR 3562). You must submit 
comments by May 23, 2016, and reply comments on or before June 23, 

[[Page 12063]]

ADDRESSES: You may submit comments (initial and reply) identified by 
the docket number FMCSA-2015-0001 using any of the following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
     Fax: 1-202-493-2251.
     Mail: Docket Services, U.S. Department of Transportation, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
Monday through Friday, except Federal holidays.
    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 below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. David Yessen, (609) 275-2606, 
[email protected]. 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 Docket Services, 
telephone 202-366-9826.


I. Public Participation and Request for Comments

    FMCSA encourages you to participate in this rulemaking by 
submitting comments, reply comments, and related materials. All 
comments received will be posted without change to http://www.regulations.gov and will include any personal information you 

A. Submitting Comments

    Initial comments may address any issue raised in the NPRM and the 
background documents in the docket (e.g., Regulatory Evaluation, 
studies). Initial comments will be made available promptly online on 
http://www.regulations.gov and for public inspection in room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. In 
order to allow sufficient opportunity for interested parties to prepare 
and submit any reply comments, late-filed initial comments will not be 
considered. Reply comments must address only matters raised in initial 
comments and must not be used to present new arguments, contentions, or 
factual material that is not responsive to the initial comments.
    If you submit a comment or a reply comment, please include the 
docket number for this rulemaking (FMCSA-2015-0001), indicate the 
specific section of this document to which each comment or reply 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments, reply 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 the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment or reply comment online, go to http://www.regulations.gov and insert ``FMCSA-2015-0001'' in the ``Search'' 
box, and then click the ``Search'' button to the right of the white 
box. Click on the top ``Comment Now'' box which appears next to the 
document. Fill in your contact information, as desired and your comment 
or reply comment, uploading documents if appropriate. 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 or reply 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, reply comments and material 
received during the comment period and may change this proposed rule 
based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert ``FMCSA-2015-0001'' in the ``Search'' box and then click on 
``Search.'' Click on the ``Open Docket Folder'' link and all the 
information for the document, and the list of comments will appear with 
a link to each one. Click on the comment you would like to read. If you 
do not have access to the Internet, you may view the docket online by 
visiting the Docket Services in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT 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 FDMS), which can be reviewed at 

II. Background

    On January 21, 2016 (81 FR 3562), FMCSA published an NPRM to amend 
the current methodology for issuance of SFDs for motor carriers. From 
February 3 to 5, 2016, the American Moving and Storage Association 
(AMSA), Transportation Intermediaries Association (TIA), and the 
Transportation & Logistics Council, Inc. (TL Council) petitioned the 
Agency for a 60-day extension of the comment period. On February 16, 
2016, the Owner Operator Independent Drivers Association (OOIDA) 
petitioned the Agency for a 90-day extension of the comment period. A 
copy of the AMSA, TIA, TL Council, and OOIDA petitions are included in 
the docket referenced at the beginning of this document. After 
reviewing the requests, FMCSA has decided to grant a 60-day extension 
(to May 23, 2016, for initial comments and to June 23, 2016 for reply 
comments) to provide all interested parties adequate time to submit 
comments on proposals in this rulemaking.
    In addition, Rebecca M. Brewster, President and Chief Operating 
Officer of the American Transportation Research Institute (ATRI), 
informed FMCSA that the NPRM incorrectly cited an ATRI study (81 FR 
3562, at 3567, third column) on the Agency's Behavioral Analysis and 
Safety Improvement Categories (BASICs) and their relationship to crash 
risk. The study erroneously cited by FMCSA was a qualitative study of 
motor carrier, driver, law enforcement and shipper survey data. The 
ATRI study on the BASICs was released in October 2012 and is titled 
``Compliance, Safety, Accountability: Analyzing the Relationship of 
Scores to Crash Risk.'' It involved an analysis of carriers assessed by 
BASICs. The results confirmed that FMCSA's Safety Measurement System 
(SMS) is better at targeting carriers and identifying safety problems 
than the current SafeStat, the Agency's previous intervention 
prioritization system. In addition, the ATRI study indicated that the 
number of ``alerts'' a carrier has is the best indicator of future 
    FMCSA has included the correct report in the docket for the 
public's consideration of the Carrier Safety Fitness Determination 

[[Page 12064]]

    Issued on: March 1, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05151 Filed 3-7-16; 8:45 am]