[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Notices]
[Page 18256-18259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap10-149]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2004-18898]
Withdrawal of Proposed Improvements to the Motor Carrier Safety
Status Measurement System (SafeStat) and Implementation of a New
Carrier Safety Measurement System (CSMS)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
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SUMMARY: The FMCSA announces that it will replace its Motor Carrier
Safety Status Measurement System (SafeStat) with an improved Carrier
Safety Measurement System (CSMS) on November 30, 2010. The CSMS has
been developed and tested as part of the Agency's Comprehensive Safety
Analysis 2010 (CSA 2010) initiative. Therefore, FMCSA is withdrawing
the notice of proposed improvements to SafeStat that was published for
public comment on May 3, 2006. SafeStat is an automated algorithm
currently used by FMCSA to identify high-risk and other motor carriers
for on-site compliance reviews. By implementing the new CSMS algorithm,
FMCSA will be able to better identify high-risk motor carriers, make
more efficient and effective the Agency's and its State partners'
allocation of compliance and enforcement resources and provide the
motor carrier industry and other safety stakeholders with more
comprehensive, informative, and regularly updated safety performance
data.
From April 12, 2010 to November 30, 2010, FMCSA will provide
individual motor carriers with a preview of their performance data at
http://csa2010.fmcsa.dot.gov. This preview in advance of full
implementation on November 30, 2010, will improve safety by effecting
early compliance and providing opportunities for motor carriers to
become better educated on the new CSMS.
DATES: Submit comments before September 30, 2010.
ADDRESSES: You may submit comments identified by the Docket Number in
the heading of this notice by any of the following methods:
Web site: http://www.regulations.gov. Follow the
[[Page 18257]]
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, 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.
E.S.T., Monday through Friday, except Federal holidays.
Instructions: For detailed instructions on submitting comments and
for additional information, see the Public Participation heading below.
Note that all comments received, including any personal information,
will be posted without change to http://www.regulations.gov. Please see
the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
the ground floor, room W12-140, DOT Building, New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., E.S.T., 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 published on
April 11, 2000 (65 FR 19476) or you may visit http://
docketsinfo.dot.gov.
Public participation: The www.regulations.gov Web site is generally
available 24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the http://www.regulations.gov Web site and also at the DOT's http:/
/docketsinfo.dot.gov Web site. If you want FMSCA to notify you that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgement page that appears
after submitting comments online.
Comments received after the comment closing date will be included
in the docket, and we will consider late comments to the extent
practicable.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Price, Federal Motor Carrier
Safety Administration, 1000 Liberty Avenue, Suite 1300, Pittsburgh, PA
15222, Telephone 412-395-4816 E-Mail: bryan.price@dot.gov.
SUPPLEMENTARY INFORMATION:
Comprehensive Safety Analysis 2010 (CSA 2010)
CSA 2010 is a major FMCSA safety initiative that will improve the
effectiveness of the Agency's compliance and enforcement programs. CSA
2010 will help the Agency assess the safety performance of a greater
segment of the motor carrier industry and allow it to intervene earlier
with more carriers to change unsafe behavior and practices. The
ultimate goal is to achieve a greater reduction in large truck and bus
crashes, injuries, and fatalities, while making efficient use of the
resources of FMCSA and its State partners.
In contrast to the Agency's current operational model, CSA 2010 is
characterized by three principal components:
(1) A more comprehensive carrier safety measurement system;
(2) A broader array of progressive interventions to augment
comprehensive on-site investigations (compliance reviews), including
warning letters, off-site investigations, and on-site focused
investigations; and
(3) A new safety fitness determination (SFD) methodology based more
on performance data and not necessarily tied to an on-site
investigation. The third component, a new process pursuant to which
FMCSA will formally propose and assign adverse SFDs--for example, unfit
determinations and resulting prohibitions on operations--is the subject
of a Notice of Proposed Rulemaking (NPRM) that will be published for
comment at a later date during 2010.
This Federal Register notice addresses implementation of only the
first component, a more comprehensive safety measurement system to
identify and prioritize motor carriers for investigation. The new
measurement system would be used to identify high-risk motor carriers
for on-site investigations consistent with section 4138 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), [Sec. 4138, Pub. L. 109-59, 119 Stat. 1745 (49
U.S.C. 31144 note), August 10, 2005]. Furthermore, the new CSMS also
would provide motor carriers and other safety stakeholders such as
shippers with regularly updated safety performance assessments through
a public Web site (http://ai.fmcsa.dot.gov).
FMCSA had originally planned to roll out CSA 2010 beginning in the
summer of 2010. However, the Agency has received valuable feedback from
its partners and stakeholders through CSA 2010 listening sessions and
written comments to the CSA 2010 public docket referenced above. FMCSA
has also gained valuable knowledge from its operational model test,
involving nine States, which began in early 2008 and concludes in June
2010. Therefore, FMCSA has decided to move the beginning of CSA 2010
rollout from the summer to the fall of 2010. This will enable the
Agency to incorporate comments and lessons learned into the CSA 2010
model prior to national rollout. Therefore, on November 30, 2010, FMCSA
is planning on: (1) Replacing its current measurement system, SafeStat,
with CSMS, (2) sending warning letters nationwide, and (3) implementing
a revised nationwide Inspection Selection System for roadside
inspectors that will be based on CSMS rather than SafeStat. The nine
states currently operating in the operational model test will carry out
the full array of CSA 2010 interventions after the test concludes in
June 2010. These States are Colorado, Delaware, Georgia, Kansas,
Maryland, Minnesota, Missouri, Montana, and New Jersey. For the
remaining 41 States the new CSA 2010 interventions will be phased in
during 2011. While the SFD rulemaking is in process, the Agency will
continue to issue safety ratings in accordance with 49 CFR part 385--
Safety Fitness Procedures.
Implementation of New Carrier Safety Measurement System (CSMS) To
Replace SAFESTAT
SafeStat
The FMCSA's current operational model employs SafeStat to analyze
the safety status of individual motor carriers in four analytic Safety
Evaluation Areas (SEAs): (1) Accident, (2) Driver, (3) Vehicle and (4)
Safety Management. The four SEA values are then combined into an
overall safety status assessment, known as a SafeStat score. For a full
description of the SafeStat methodology, visit the FMCSA Web site at:
http://ai.fmcsa.dot.gov.
In 1997, FMSCA's predecessor Agency implemented SafeStat nationally
as its primary tool for identifying high-risk and other motor carriers
for compliance reviews. SafeStat results have also served as a
prominent factor in roadside screening systems used by FMCSA and its
State partners to identify motor carriers for increased inspection
activity at the roadside.
In 1999, SafeStat data became available to the public on the
FMCSA's Analysis and Information (A & I) online Web site http://
ai.fmcsa.dot.gov. Motor
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carriers, the insurance industry, shippers, safety advocates, and other
interested parties began routinely accessing SafeStat data online for
use in their own safety analysis and business decisions. In 2004, FMCSA
removed public access to the Accident SEA due to problems with the
completeness of crash data reported by the States at that time and
because the raw crash data reported by the States generally do not
include an indication of preventability or accountability. The
remaining SafeStat data displayed at http://ai.fmcsa.dot.gov (Driver,
Vehicle and Safety Management SEAs) continued to serve as a valuable
source of information to motor carriers and other stakeholders. In
fact, during calendar year 2009, the SafeStat online web site recorded
nearly 4 million user sessions.
New CSMS
On November 30, 2010, FMCSA plans to replace SafeStat with the new
CSMS. The new CSMS will work within the CSA 2010 operational model to
monitor and quantify the safety performance of commercial motor
carriers using data available in FMCSA's motor carrier database, the
Motor Carrier Management Information System (MCMIS). Under CSA 2010,
these data would include violations found during roadside inspections,
traffic enforcement, and other types of interventions. The new CSMS
groups these data into seven Behavioral Analysis Safety Improvement
Categories (BASICs): Unsafe Driving, Fatigued Driving (Hours-of-
Service), Driver Fitness, Controlled Substances and Alcohol, Vehicle
Maintenance, Cargo Related, and Crash History. FMCSA developed the
BASICs under the premise that commercial motor vehicle (CMV) crashes
can ultimately be traced to the behavior of motor carriers and drivers.
There are three important ways that the new CSMS is different from
the Agency's current measurement system, SafeStat. The new CSMS:
1. Is organized by seven specific behavioral areas (BASICs), while
SafeStat is organized into four broad SEAs;
2. Uses all safety-based inspection violations, while SafeStat uses
only out-of-service violations and selected moving violations;
3. Uses risk-based violation weightings while SafeStat does not.
For further information on the new CSMS see the Safety Measurement
System Methodology at http://csa2010.fmcsa.dot.gov.
When the new CSMS is implemented on November 30, 2010, motor
carrier BASICs will be publicly displayed at http://ai.fmcsa.dot.gov in
the same manner that the SEAs are displayed today under SafeStat. As
discussed above, FMCSA removed public access to the Accident SEA on
SafeStat because of problems with the completeness of State crash data
at that time and because the data do not include information on
preventability or accountability. FMCSA is currently conducting a
feasibility study on using police accident reports to determine motor
carrier crash accountability before the crash data are entered into
CSMS. Until this analysis is completed, the Agency will continue to
follow its current policy under SafeStat: the crash data will be
displayed publicly, but the CSMS assessment of a motor carrier's crash
history will not be publicly displayed.
Industry Preview
Since 2004, FMSCA has been actively consulting with, and preparing,
the motor carrier industry and other safety stakeholders for
implementation of CSA 2010 and the new CSMS to replace SafeStat. The
Agency first held a series of public listening sessions on the broader
overall CSA 2010 initiative and the new CSMS in September and October
of 2004. These six sessions were designed to collect public input on
ways that FMCSA could improve its process of monitoring and assessing
the safety performance of the commercial motor carrier industry. A
broad cross section of stakeholders, including industry executives,
truck and bus drivers, insurance and safety advocacy groups, State and
local government officials, and enforcement professionals participated
in the sessions (Docket Number FMCSA-2004-18898). Following these
initial public listening sessions, FMCSA held annual formal public
listening sessions across the country between 2006 and 2008 to prepare
the motor carrier industry and other stakeholders for CSA 2010
deployment and the new CSMS. Most recently, in December 2009, FMCSA
held two webcasts that included over 3,000 participants. These can be
viewed on the CSA 2010 Web site at http://csa2010.fmcsa.dot.gov. In all
of these formal sessions, in addition to FMCSA's other proactive
outreach activities, differences between SafeStat and the new CSMS were
emphasized to prepare the motor carrier industry and other stakeholders
for implementation of CSA 2010 and the new CSMS.
On April 12, 2010, FMCSA will undertake an additional step to
prepare the motor carrier industry and other stakeholders for
replacement of SafeStat with the new CSMS. FMCSA will provide
individual motor carriers with a preview of their performance data at
http://csa2010.fmcsa.dot.gov, sorted into the BASICs as it will be in
the new CSMS. To view their data, motor carriers will have to enter
their Personal Identification Number (PIN). Motor carriers that do not
have a PIN, or those that have forgotten their PIN, can go to the
following Web address for assistance: https://li-public.fmcsa.dot.gov/
LIVIEW/PKG_PIN_START.PRC_INTRO. This preview in advance of CSMS
implementation on November 30, 2010 will improve motor carrier safety
by encouraging early action by carriers to correct and prevent
violations, especially in areas that are not currently measured by
SafeStat.
The FMCSA is currently considering refinements to the CSMS with
regard to issues such as methods of measuring exposure, peer grouping,
and violation severity weighting, based upon public comments received
thus far and observations resulting from the CSA 2010 Operational Model
Test. As a result, initially this preview will not provide motor
carriers with an assessment of whether their performance in the BASICs
is above FMCSA thresholds that warrant an intervention in the broader
CSA 2010 Operational Model Test. Assessments will be added to the
preview Web site after completion of the CSA 2010 Operational Model
Test, and after any refinements are made to the CSMS during the summer
of 2010 but before implementation on November 30, 2010. Thus, motor
carriers will have approximately 7\1/2\ months to view their roadside
violations data from the CSA 2010 perspective--mid-April through
November 2010. For the first 3\1/2\ months--mid-April through July
2010--carriers will see their violations categorized by BASIC.
Beginning in August, after the refinements to CSMS are complete, motor
carriers will be able to see an assessment of their violations through
CSA 2010. The purpose of this data preview period is to provide
individual motor carriers with the opportunity to view their data from
the CSA 2010 perspective, and to use the time to identify and take
actions to correct deficiencies in their operations which are leading
to unsafe behavior.
New CSMS for Identification of High-Risk Motor Carriers
In section 4138 of SAFETEA-LU Congress emphasized the importance of
directing compliance review resources toward high-risk motor carriers
as follows:
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The [FMCSA] shall ensure that compliance reviews are completed
on motor carriers that have demonstrated through performance data
that they pose the highest safety risk. At a minimum, a compliance
review shall be conducted whenever a motor carrier is rated as
category A or B for 2 consecutive months.
The Conference Report for SAFETEA-LU further clarified Section 4138
as follows:
Senate Bill:
The Senate bill requires the Secretary to ensure that safety
compliance reviews of motor carriers are completed for carriers that
have demonstrated that they pose the highest safety risk. A single
compliance review is required for any motor carrier that is rated as
category A or B for two consecutive months.
Conference Substitute: The Conference adopts the Senate
provision with a modification to clarify that multiple compliance
reviews are not required for carriers that are rated as category A
or B for more than two consecutive months.
H. Conf. Rpt. No. 109-203, at p. 1003 (2005).
The term ``SafeStat'' is not specifically mentioned in the statute
or conference report. However, the SafeStat-related terminology,
``rated Category A or B'' is used. Although it does identify those
motor carriers that ``pose the highest safety risk'' consistent with
section 4138, the new CSMS is not designed to generate alphabetized
lists of motor carrier safety performance categories. In FY 2009, the
Committee on Appropriations, U.S. Senate, recognized in its report
accompanying the Transportation, Housing and Urban Development, and
Related Agencies Appropriations bill, 2009, that FMCSA is developing a
new means to identify high-risk motor carriers and expressed support
that the initiative will improve the Agency's performance:
As the Committee noted last year, the agency is undertaking a
comprehensive overhaul of all of its systems in order to better
target its resources on the riskiest carriers. The agency is also
seeking ways to reach more carriers through its inspection efforts
by employing interventions that are less resource intensive than a
full-scale compliance review. The Committee agrees that the agency's
systems and procedures for conducting oversight need to be
dramatically improved, and hopes that this initiative will improve
the agency's performance.
The Committee notes that the agency has already completed
several tasks including the development of the Behavioral Analysis
and Safety Improvement Categories [BASICs] for carriers and drivers.
These will be important in identifying and targeting risky carriers
for intervention.
S. Rep. No. 110-418, at p.88 (2008).
Beginning on November 30, 2010, FMCSA plans to implement the new
CSMS to identify high-risk motor carriers and to meet the intent of
SAFETEA-LU section 4138. The new CSMS effectively identifies as many
high-risk motor carriers and more precisely identifies their specific
performance problems than the current method. Furthermore, FMCSA
operational policies will continue to require onsite investigations
(i.e., compliance reviews) of these high-risk motor carriers. The FMCSA
therefore believes that its planned action of implementing a more
effective method of identifying high-risk motor carriers, and
continuing to require on-site investigations of these motor carriers is
fully consistent with section 4138 of SAFTEA-LU.
Comments
FMCSA requests comments on the above initiatives and the CSMS
methodology, http://csa2010.fmcsa.dot.gov. Commenters are requested to
provide supporting data wherever appropriate.
Issued on: April 6, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-8183 Filed 4-8-10; 8:45 am]
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