Crash Preventability Determination Program

Published date05 August 2019
Citation84 FR 38087
Record Number2019-16693
SectionNotices
CourtFederal Motor Carrier Safety Administration,Transportation Department
Federal Register, Volume 84 Issue 150 (Monday, August 5, 2019)
[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
                [Notices]
                [Pages 38087-38091]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-16693]
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                DEPARTMENT OF TRANSPORTATION
                Federal Motor Carrier Safety Administration
                [Docket No. FMCSA-2014-0177]
                Crash Preventability Determination Program
                AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
                ACTION: Notice and request for comments.
                -----------------------------------------------------------------------
                SUMMARY: On July 27, 2017, FMCSA announced a crash preventability
                demonstration program to evaluate the preventability of eight
                categories of crashes through submissions of Requests for Data Review
                to its national data correction system known as DataQs. After 18 months
                of operating the program, FMCSA has decided to operate a crash
                preventability determination program, using a streamlined process, and
                proposes to modify the Safety Measurement System to remove crashes
                found to be not preventable from the prioritization algorithm and
                noting the not preventable determinations in the Pre-Employment
                Screening Program. In addition, FMCSA proposes to consolidate two of
                the original crash types in the demonstration program and start
                reviewing additional crash types to determine if crashes in the
                additional categories are predominantly not preventable. FMCSA seeks
                comments on its implementation of these changes and on the new crash
                types.
                DATES: Comments must be received on or before October 4, 2019.
                ADDRESSES: You may submit comments bearing the Federal Docket
                Management System (FDMS) Docket ID FMCSA-2014-0177 using any of the
                following methods:
                 Federal eRulemaking Portal: Go to www.regulations.gov. Follow the
                on-line instructions for submitting comments.
                 Mail: Docket Management Facility; U.S. Department of
                Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
                Room W12-140, Washington, DC 0590-0001.
                 Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
                1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
                Monday through Friday, except Federal holidays.
                 Fax: 1-202-493-2251.
                 Instructions: Each submission must include the Agency name and the
                docket number for this notice. Note that DOT posts all comments
                received without change to www.regulations.gov, including any personal
                information included in a comment. Please see the Privacy Act heading
                below.
                 Docket: For access to the docket to read background documents or
                comments, go to www.regulations.gov at any time or visit Room W12-140
                on the ground level of the West Building, 1200 New Jersey Avenue SE,
                Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
                except Federal holidays. The on-line Federal document management system
                is available 24 hours each day, 365 days each year. If you want
                acknowledgment that we received your comments, please include a self-
                addressed, stamped envelope or postcard or print the acknowledgement
                page that appears after submitting comments on-line.
                 Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
                comments from the public to better inform its processes. 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
                www.dot.gov/privacy.
                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:
                I. Public Participation and Request for Comments
                 FMCSA encourages you to participate by submitting comments and
                related materials.
                Submitting Comments
                 If you submit a comment, please include the docket number for this
                notice FMCSA-2014-0177, indicate the specific section of this document
                to which each 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 the
                Agency can contact you if it has questions regarding your submission.
                 To submit your comment online, go to http://www.regulations.gov and
                put the docket number, ``FMCSA-2014-0177'' in the ``Keyword'' box, and
                click ``Search.'' When the new screen appears, click on ``Comment
                Now!'' button and type your comment into the text box in the following
                screen. Choose whether you are submitting your comment as an individual
                or on behalf of a third party and then submit. 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 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 and material received during the
                comment period and may change this notice based on your comments.
                II. Background
                History
                 The Agency's Crash Indicator Behavior Analysis Safety Improvement
                Category (BASIC) in FMCSA's Safety Measurement System (SMS) includes
                all crashes, without regard to the preventability of the crash. On
                January 23, 2015, FMCSA announced the results of the Agency's study on
                the feasibility of using a motor carrier's role in crashes in the
                assessment of the company's safety (80 FR 3719). In response to the
                January 2015 Federal Register notice,
                [[Page 38088]]
                the American Trucking Associations (ATA) provided a list of certain
                types of crashes it considered not preventable and suggested that FMCSA
                establish a process by which documents could be submitted on these
                crashes and they could be removed from the motor carriers' records.
                 In a Federal Register notice 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 Requests for Data
                Review (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 evidence submitted with the RDR established that the
                crash could not have been averted by an act, or failure to act, by the
                motor carrier or the driver.
                 On July 27, 2017, FMCSA published a subsequent Federal Register
                notice announcing the start of the demonstration program to test eight
                specific crash types and explaining the details of the program (82 FR
                35045). On February 7, 2018, FMCSA published a Federal Register notice
                to clarify how crash types were being defined and to provide other
                information to help submitters (83 FR 5506).
                First Set of Crash Types
                 To date, FMCSA has reviewed RDRs submitted under one of the
                following eight crash types:
                 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.
                Statistics
                 Between August 1, 2017 and May 31, 2019, 12,249 RDRs were submitted
                to FMCSA. Approximately 56 percent of the submitted RDRs were eligible,
                meaning they were one of the eight crash types. After reviewing the
                eligible crashes, approximately 93 percent were found to have been not
                preventable.
                 FMCSA maintains statistics on the program on its website at
                www.fmcsa.dot.gov/crash-preventability-demonstration-program. As of May
                31, 2019, information from the program is as follows:
                 Table 1--Crash Preventability Program Determinations by Crash Type
                ----------------------------------------------------------------------------------------------------------------
                 Crash type Total RDRs Not preventable Preventable Undecided
                ----------------------------------------------------------------------------------------------------------------
                1. When the commercial motor vehicle (CMV) was 417 386 12 19
                 struck by a motorist driving under the
                 influence (or related offense)...............
                2. When the CMV was struck by a motorist 365 334 6 25
                 driving the wrong direction..................
                3. When the CMV was struck in the rear........ 3,927 3,675 49 203
                4. When the CMV was struck while legally 444 413 8 23
                 stopped or parked, including when the vehicle
                 was unattended...............................
                5. When the CMV was struck by an individual 17 16 0 1
                 committing or attempting to commit suicide by
                 stepping or driving in front of the CMV......
                6. When the CMV sustained disabling damage 218 206 2 10
                 after striking an animal in the roadway......
                7. When the crash was a result of an 82 79 2 1
                 infrastructure failure, falling trees, rocks,
                 or other debris..............................
                8. When the CMV was struck by cargo or 149 138 4 7
                 equipment from another vehicle...............
                 -----------------------------------------------------------------
                 Total..................................... 5,619 5,247 83 289
                ----------------------------------------------------------------------------------------------------------------
                 As of May 31, 2019, 3,558 unique carriers had submitted RDRs. Of
                these, 1,750 carriers submitted 1 RDR, 1,618 carriers submitted between
                2 and 9 RDRs, and 190 carriers submitted 10 or more RDRs. The highest
                number of RDRs submitted by 1 carrier was 254 RDRs.
                 For the majority of crashes that were determined to be preventable,
                the driver was operating with an out of service (OOS) condition under
                the North American Standard OOS Criteria, including that the driver was
                not properly licensed on the day of the crash. The Agency was clear in
                its July 2017 Federal Register notice that in these circumstances,
                crashes would be found to be preventable.
                 The undecided determinations were largely due to the submitter's
                failure to provide, after FMCSA's request, documentation confirming the
                validity of the driver's commercial driver's license (CDL) or medical
                certification on the date of the crash, or would found to be undecided
                because the documentation provided contained conflicting information
                about the submitter's actions in the crash.
                Review Processes
                 FMCSA has used contract resources to complete two stages of review
                within the DataQs system. In stage 1, the reviewer collects all
                documents related to the crash from the submitter and FMCSA systems
                including the Motor Carrier Management Information System (MCMIS) crash
                report, the Commercial Driver's License Information System (CDLIS)
                driver history record, any post-crash inspection report, the Driver
                Information Resource, any recent enforcement information for the motor
                carrier, and any media reports about the crash.
                 If the CDLIS record has been updated since the date of the crash,
                the reviewer requests documentation of the CDL or medical certificate
                on the date of the crash. In the cases of fatal crashes, the reviewer
                requests the CMV driver's post-crash drug and alcohol test results.
                 In stage 2, an experienced crash report reviewer evaluates all of
                the documents from the submitter and stage 1. Based on
                [[Page 38089]]
                the evidence reviewed, the stage 2 reviewer makes a recommendation to
                FMCSA as to whether the submitter demonstrated, through compelling
                evidence, that the crash was not preventable.
                 An FMCSA employee reviews the evidence collected and considered by
                the stage 2 reviewer and the recommendation and makes the
                determination. If FMCSA agrees with the recommendation of not
                preventable, the crash is posted for public input on the DataQs system
                for 30 days. Any new documents or data will be reviewed and considered
                before FMCSA makes a final determination. At this time, the DataQs
                public input functionality has been used only two times, to provide
                additional information from the submitter and to make a general comment
                about not preventable crashes that was not crash specific.
                 In addition, as announced in the Agency's February 2018 Federal
                Register notice, the Agency recognized that some parties involved in
                the crash might not be able to provide input within 30 days. The Agency
                is maintaining a list of not preventable final determinations on its
                website at https://www.fmcsa.dot.gov/safety/crash-preventability-demonstration-program. This list is updated monthly. If at any time a
                party has information and documentation to counter a determination,
                FMCSA will accept that information at [email protected] and
                may change the determination. To date, no emails have been received
                with information contrary to a determination.
                 Final determinations (i.e., not preventable, preventable,
                undecided) made through this demonstration program are noted on the
                Agency's public SMS website within 60 days. No crashes are removed from
                the SMS Crash Indicator BASIC. However, a logged-in motor carrier
                viewing its own data in SMS sees an alternative percentile and measure
                with the crashes with not preventable determinations removed. The Crash
                Indicator BASIC percentiles have never been publicly available and
                remain available only to motor carriers who log in to view their own
                data, as well as to FMCSA and law enforcement users.
                Submitted Documents
                 FMCSA has not required submitters to provide any specific
                documentation. The burden is on the submitter to show, by compelling
                evidence, that the crash was not preventable. FMCSA estimates that 99
                percent of submitters of eligible crashes provided Police Accident
                Reports (PARs). In the limited situations where a PAR was not submitted
                and the crash was found to be eligible, another official law
                enforcement-issued document with sufficient information was provided,
                such as a State-issued driver information exchange report with
                sufficient details of the crash.
                 FMCSA notes that other evidence such as photos and videos
                significantly improved the Agency's ability to determine: (1) If the
                crash met one of the eligible crash types or not; and, if eligible, (2)
                preventability. Internal company documents and insurance reports were
                provided by some submitters but, when reviewed on their own, did not
                generally provide compelling evidence.
                Effectiveness Analysis
                 FMCSA conducted a preliminary analysis of the 2-year demonstration
                program. A copy of the Agency's analysis using 18 months of safety data
                is included in the docket for this notice. This analysis quantified the
                program's impacts in terms of: (1) Number of carriers impacted; (2)
                size of SMS percentile changes; and (3) future crash rate of identified
                carriers like is calculated in the Agency's SMS effectiveness analysis.
                 In summary, the carriers that have Not Preventable crashes removed
                through the demonstration program see a reduction in their Crash
                Indicator BASIC percentiles. The analysis team found a negligible
                impact on SMS effectiveness after removing Not Preventable crashes.
                Regardless of whether Not Preventable crashes are removed, carriers
                identified in SMS, when considering all BASICs, have a crash rate 97%
                higher than those not identified. The lack of an impact is mainly a
                result of the small number of carriers affected by the removal of Not
                Preventable crashes. Only 169 and 208 carriers are expected to gain and
                lose alert in the Crash Indicator BASIC, respectively, which is a small
                fraction (2%) of the 8,634 carriers identified in the Crash Indicator
                BASIC.
                 Small carriers that have Not Preventable crashes removed through
                the demonstration program have the largest reductions in their Crash
                Indicator BASIC percentiles, mainly by dropping below the data
                sufficiency threshold. However, most of the small carrier population,
                did not participate. To improve representation, small carriers could be
                encouraged participate in the Agency's future program.
                Implementation Proposal
                Changes to Eligible Crash Types
                 FMCSA proposes two changes to the original eight crash types.
                First, FMCSA would combine the crash type involving infrastructure
                failures and debris with the crash type for CMVs struck by cargo and
                equipment. The distinction between these two crash types did not result
                in different determinations and, in some cases, required submitters to
                resubmit their RDRs under the other crash type. In addition, FMCSA is
                changing the ``Motorist Under the Influence'' crash type to
                ``Individual Under the Influence'' to include pedestrians and
                bicyclists. As a result, the revised crash types are:
                 1. Struck in rear--Crashes would qualify when the striking vehicle
                was directly behind the submitter's vehicle prior to the crash and
                strikes the CMV on the back plane. This crash type does not include
                side swipes or when the point of impact was on the side toward the rear
                of the truck/trailer.
                 2. Legally stopped or parked--Crashes would qualify if the CMV was
                stopped at a light, stop sign or other traffic control device, stopped
                for railroad crossings or school buses, or was parked. This crash type
                does not include crashes that occurred when the CMV was stopped in
                traffic.
                 3. Suicides or Suicide Attempts--Crashes would qualify if the
                submitter provided evidence that the CMV struck an individual
                committing or attempting to commit suicide. This crash type does not
                include action where a vehicle or pedestrian enters the CMV's path with
                no documented reason.
                 4. Wrong Direction--Crashes would qualify only if the CMV was
                struck after the other vehicle fully crossed the center line or median,
                or the other driver was driving in the wrong direction (e.g., driving
                southbound in the northbound lanes of an interstate or opposite on a
                one-way road). To qualify for this crash type the other vehicle was
                operating in the opposing direction before the crash. This crash type
                does not include when the vehicle partially crosses the center line or
                when the involved vehicles were traveling in the same direction. This
                crash type also does not include when the CMV crossed into the other
                llane.
                5. Animal Strikes--Crashes would qualify only if the CMV struck the
                animal. This would not include crashes where the CMV crashed avoiding
                the animal.
                 6. Individuals Under the Influence--This crash type would require
                evidence that the CMV was struck by an individual who was operating
                ``under
                [[Page 38090]]
                the influence'' (or related violation such as operating while
                intoxicated), according to the legal standard of the jurisdiction in
                which the crash occurred, to include either alcohol or drug test
                results, an arrest, a citation/violation, or a refusal.
                 7. Infrastructure failure or struck by cargo, equipment or debris--
                This crash type would be changed to include any cargo and equipment,
                not just fallen cargo and equipment. This would include crashes when
                the cargo or equipment on a vehicle shifts or extends into the path of
                travel. This crash type would not include when the CMV was struck by
                another vehicle that was not being transported as cargo.
                 In addition, FMCSA proposes to test the following additional crash
                types. These crashes were frequently submitted during the demonstration
                program, but did not qualify for one of the original crash types.
                However, the PARs provided sufficient information to reach a
                preventability determination.
                 8. When the CMV is struck on the side in the rear--These crashes
                would include when the CMV is struck on the side at the rear of the CMV
                when the other driver was in another lane before the crash and strikes
                the CMV at the side. For example, this would include when the PAR
                indicates that the CMV was struck at the 5:00 or 7:00 point of impact;
                 9. When the CMV is struck by a vehicle that did not stop or slow in
                traffic--These crashes are when the CMV is stopped in a traffic lane
                due to traffic. This would include when the CMV is struck on the side;
                 10. When the CMV is struck by a vehicle that failed to stop at a
                traffic control device (e.g., stop sign, red light or yield);
                 11. When the CMV is struck by a vehicle that was making a U-turn or
                illegal turn;
                 12. When the CMV is struck by a driver who experiences a medical
                issue which causes the crash;
                 13. When the CMV is struck by a driver who admits falling asleep or
                admits distracted driving (e.g., cellphone, GPS, passengers, other);
                 14. When the crash involved an individual ``under the influence''
                (or related violation such as operating while intoxicated), according
                to the legal standard of the jurisdiction in which the crash occurred,
                even if the CMV was struck by another vehicle involved in the crash and
                not by the individual under the influence. The standards for test
                results, arrest or a citation would continue to apply; or
                 15. When the crash involved a driver operating in the wrong
                direction, even if the CMV was struck by another vehicle involved in
                the crash and not by the driver operating in the wrong direction. The
                standard for the other wrong direction vehicle to be completely
                operating in the wrong lane (e.g., completely across the center line or
                over a median) or the other driver was driving in the wrong direction
                (e.g., driving southbound in the northbound lanes of an interstate or
                opposite on a one-way road.) to qualify for this crash type.
                 FMCSA expects to analyze these additional crash types for 24 months
                but may announce changes earlier if: (1) Certain crash types cannot be
                consistently reviewed; (2) these crash types result largely in
                preventable or undecided determinations; or (3) there is sufficient
                information to make recommendations for future implementation.
                SMS and PSP Changes
                 Effective for crashes on or after August 1, 2019, for any of the 15
                types noted above, FMCSA would continue to display the crashes in SMS
                with notations of not preventable, preventable or undecided but would
                remove crashes with not preventable determinations from the SMS Crash
                Indicator BASIC calculation. FMCSA will also note the not preventable
                determinations in PSP. FMCSA proposes that preventable determinations
                would not be noted in PSP because the driver may not be aware when the
                motor carrier submits a crash that results in a preventable
                determination. The Agency is specifically interested in receiving
                comments on this issue.
                 As crashes in SMS are only displayed for 2 years, notations in SMS
                for crashes reviewed during the demonstration program will remain for 2
                years from the date of the crash. Crashes reviewed during the
                demonstration program will not be removed from calculation of the SMS
                Crash Indicator BASIC but motor carriers will still have access to the
                alternative measures and percentiles.
                 The Agency has an interest in maintaining transparent and accurate
                safety performance data. The Agency also believes that removing not
                preventable crashes from the SMS may provide additional safety
                incentives to carriers that are not reflected in the effectiveness
                study, but requests comments on this issue.
                 The proposed changes to SMS would go into effect only after
                comments to this notice are fully reviewed and any needed changes
                addressed. In addition, FMCSA needs to implement information technology
                system changes, specifically in the DataQs system, to sustain longer
                term operations and reduce costs and improve efficiencies.
                 As a result, the changes proposed in this notice would not go into
                effect until these steps, and other needed implementation actions, are
                completed and the Agency publishes a follow up Federal Register notice.
                Impact of SMS Changes
                 Once FMCSA begins removing crashes from the Crash Indicator BASIC,
                and because SMS is a relative system, the calculation may increase the
                Crash Indicator BASIC percentiles of other carriers. As a result, a
                motor carrier that does not have any additional crashes may see its
                Crash Indicator BASIC percentile increase because its peers submitted
                RDRs and crashes were found to be not preventable and were removed from
                the calculations.
                 Although removing not preventable crashes from the calculation of
                the Crash Indicator BASIC may identify a different set of carriers for
                intervention, the Crash Indicator BASIC percentiles have never been
                publicly available and will remain available only to motor carriers who
                log in to view their own data, as well as to FMCSA and law enforcement
                users. This change would not change any carrier's safety fitness rating
                or ability to operate, nor would it establish any obligations or impose
                legal requirements on any motor carrier. This change also would not
                change how the Agency makes enforcement decisions.
                End of Demonstration Program and Start of New Program
                 FMCSA proposes to continue accepting crashes occurring on or after
                June 1, 2017, and through July 31, 2019, until September 30, 2019. This
                will allow RDRs for crashes occurring in July 2019 to be submitted,
                reviewed and preventability determinations noted in SMS.
                 FMCSA is preparing to be able to accept the 15 crash types noted
                above in DataQs on or about October 1, 2019. Submitters will be able to
                submit crashes occurring on or after August 1, 2019, for all 15 crash
                types. As a result, there is no gap in time for submissions of RDRs.
                Public Input Changes
                 As previously noted, FMCSA has not received public input on any of
                the crashes. As a result, FMCSA proposes to cease the 30-day public
                input period and cease the practice of publishing preliminary not
                preventable determinations. This will allow RDRs to be closed with not
                preventable determinations without the 30-day
                [[Page 38091]]
                delay and will reduce resources to take additional action on the RDR.
                In addition, FMCSA proposes to stop publishing a list of not
                preventable determinations on the Agency's website. Instead, the Agency
                would accept information about any crash by email to the
                [email protected] email address for any crash in SMS with a
                not preventable notation. Any information received would be fully
                considered and could result in a change in the determination. The
                Agency is specifically interested in receiving comments on this issue.
                Document Requirement
                 FMCSA also proposes requiring submitters to provide the complete
                PAR to participate in the program. In nearly all qualified submissions,
                a PAR was needed to reach a determination, and most submitters provided
                the PAR as the required compelling evidence. The submitter may provide
                other documentation as well, as the burden will remain on the submitter
                to provide compelling evidence showing that the crash was not
                preventable. Therefore, if only the PAR is submitted and it contains
                conflicting information about the crash (i.e., the narrative is
                different than the diagram or point of impact information) and FMCSA
                cannot determine eligibility for one of the 15 crash types, the crash
                will be deemed Not Eligible. If the crash is found to be eligible, the
                PAR information conflicts, this may result in an undecided
                determination.
                Process Information
                 The demonstration program required submitters to resubmit the RDR
                for it to be considered under another crash type. In the future, FMCSA
                proposes to develop the functionality in DataQs to allow FMCSA to
                change the crash type on behalf of the submitter to another eligible
                crash type, when appropriate.
                 FMCSA will streamline the review process and use only one stage of
                contract reviewers to provide a recommendation. In addition, FMCSA may
                allow the contract reviewers to close RDRs for crashes that are not one
                of the 15 eligible crash types.
                 To date, the stage 1 reviewer has pulled the MCMIS crash record and
                a current CDLIS report for the submitter's driver. For many RDRs, the
                driver had a license change such as a renewal or new medical
                certificate after the date of the crash, and FMCSA requested
                confirmation of the CDL or medical certificate on the date of the
                crash. On only a few RDRs did this result in a determination that the
                driver was not qualified on the date of the crash. In most RDRs, the
                MCMIS crash report accurately reflected the driver's proper licensing
                status at the time of the crash. As a result, FMCSA proposes to rely
                solely on the MCMIS report to confirm the driver's license and medical
                certification status as part of implementation.
                 FMCSA proposes to continue reviewing any post-crash inspection
                reports and if the inspection shows that the CMV was in violation of an
                OOS regulation under the North American Standard OOS Criteria prior to
                the crash or that the driver was not properly licensed, the crash would
                be deemed preventable. In addition, FMCSA will continue to request
                post-crash drug and alcohol test results when the crash results in a
                fatality.
                Crash Preventability Determinations During Investigations and Safety
                Audits
                 It should be noted that the crash preventability determination
                program does not change FMCSA's processes for reviewing crashes during
                an investigation or safety audit. In the event an investigation or
                audit results in a different determination than was made through this
                program, FMCSA will review all information provided and the
                determination made through this program may change.
                National Academy of Sciences' Correlation Study
                 FMCSA proposes to make these changes to SMS separately from the
                ongoing work that FMCSA is undertaking in response to the June 27,
                2017, report of the National Academy of Sciences (NAS), ``Improving
                Motor Carrier Safety Measurement.'' In its report, the NAS noted that
                the demonstration program was of interest but did not issue a
                recommendation directly relating to the program.
                Comments Sought
                 FMCSA seeks comments generally on the proposals described above.
                FMCSA also seeks comments specifically on the following questions.
                 1. If you participated in the demonstration program, did you
                realize any new safety incentives to your operations? If so, how were
                they quantified?
                 2. Would the ability to have not preventable crashes removed from
                the calculation of your Crash Indicator BASIC measure and percentile
                provide any new safety incentives to your operations?
                 3. If you have not submitted a crash for a preventability
                determination, what were your reasons for not participating?
                 Dated: July 31, 2019.
                Raymond P. Martinez,
                Administrator.
                [FR Doc. 2019-16693 Filed 8-2-19; 8:45 am]
                 BILLING CODE 4910-EX-P
                

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