[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Proposed Rules]
[Pages 2195-2197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00522]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

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

[Docket No. FMCSA-2022-0003]
RIN 2126-AC52


Safety Fitness Determinations

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

ACTION: Notice of data availability; request for comments.

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SUMMARY: This notice of data availability (NODA) is to alert 
stakeholders and members of the public about information that FMCSA 
believes may be relevant to this proceeding. This NODA identifies 
information the Agency has become aware of and provides an opportunity 
for public comment. The Agency may consider this information in 
preparation for further regulatory action following an advance notice 
of proposed rulemaking (ANPRM).

DATES: Comments must be received by February 12, 2024.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0003 using any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://
www.regulations.gov/docket/

[[Page 2196]]

FMCSA-2022-0003/document. Follow the online instructions for submitting 
comments.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.
    <bullet> Fax: (202) 493-2251. 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 for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Ropp, (609) 661-2062, 
<a href="/cdn-cgi/l/email-protection#da89bbbcbfaea39cb3aeb4bfa9a99ebfaebfa8b7b3b4bbaeb3b5b49abeb5aef4bdb5ac"><span class="__cf_email__" data-cfemail="a1f2c0c7c4d5d8e7c8d5cfc4d2d2e5c4d5c4d3ccc8cfc0d5c8cecfe1c5ced58fc6ced7">[email protected]</span></a>. 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 
Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
proceeding (FMCSA-2022-0003), indicate the specific section of this 
document to which your 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 FMCSA can contact you if there are questions regarding your 
submission. To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0003/document, click on this 
NODA, click ``Comment,'' and type your comment into the text box on the 
following screen. 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.
    FMCSA will consider all comments and material received during the 
comment period.

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the NODA contain commercial or financial 
information that is customarily treated as private, that you actually 
treat as private, and that is relevant or responsive to the NODA, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission that constitutes CBI as 
``PROPIN'' to indicate it contains proprietary information. FMCSA will 
treat such marked submissions as confidential under the Freedom of 
Information Act, and they will not be placed in the public docket of 
the proceeding. Submissions containing CBI should be sent to Mr. Brian 
Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at 
<a href="/cdn-cgi/l/email-protection#680a1a010906460f460c0900040106280c071c460f071e"><span class="__cf_email__" data-cfemail="51332338303f7f367f3530393d383f11353e257f363e27">[email protected]</span></a>. At this time, you need not send a duplicate 
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any 
comments FMCSA receives not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2022-0003/document and 
choose the document to review. To view comments, click this notice, 
then click ``Browse Comments.'' If you do not have access to the 
internet, you may view the docket online by visiting Dockets Operations 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

C. Privacy

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory process. DOT posts these 
comments, including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL 14--Federal Docket Management System (FDMS)), which can be reviewed 
at www.transportation.gov/privacy. The comments are posted without edit 
and are searchable by the name of the submitter.

II. Background

    FMCSA published an ANPRM in this proceeding stating the Agency was 
interested in developing a new methodology to determine when a motor 
carrier is not fit to operate commercial motor vehicles (CMVs) in or 
affecting interstate commerce (Safety Fitness Determinations, 88 FR 
59489 (Aug. 29, 2023)). The original deadline for submitting comments 
in response to the ANPRM was extended from October 30, 2023, to 
November 29, 2023 (88 FR 72727 (Oct. 23, 2023)). The background and 
history of the procedures and standards for safety fitness 
determinations, as well as the legal basis for such determinations, 
were set out in detail in the ANPRM (88 FR at 59489-59493).

III. What information is available?

    The following reports and studies provide information that FMCSA 
may consider in responding to the public comments on the issues raised 
and questions posed in the ANPRM and in the context of further 
regulatory action. The list also provides links for the source of these 
items.
    The following material is available on the internet at the 
locations specified below and in the docket for this rulemaking:
    Bell, Jennifer L., et al. (2017). ``Evaluation of an in-vehicle 
monitoring system (IVMS) to reduce risky driving behaviors in 
commercial drivers: Comparison of in-cab warning lights and supervisory 
coaching with videos of driving behavior.'' Journal of Safety Research. 
60: 125-136, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5427714/.
    Cai, Maio, et al. (2021). ``The association between crashes and 
safety-critical events: Synthesized evidence from crash reports and 
naturalistic driving data among commercial truck drivers.'' 
Transportation Research Part C: Emerging Technologies. 126: 103016, 
https://doi.org/10.1016/j.trc.2021.103016.
    Chen, Guang Xiang (2008). ``Impact of federal compliance reviews of 
trucking companies in reducing highway truck crashes.'' Accident 
Analysis & Prevention. 40: 238-245, https://doi.org/10.1016/j.aap.2007.06.002.
    Cicchino, Jessica B. (2017). ``Effectiveness of forward collision 
warning and autonomous emergency braking systems in reducing front-to-
rear crash rates.'' Accident Analysis &

[[Page 2197]]

Prevention. 99 (Pt A): 142-152, https://dx.doi.org/10.1016/j.aap.2016.11.009.
    Lotan, Tsippy and Toledo, Tomer (2006). ``In-vehicle data recorder 
for evaluation of driving behavior and safety.'' Transportation 
Research Record: Journal of the Transportation Research Board. 1953: 
112-119, https://journals.sagepub.com/doi/pdf/10.1177/0361198106195300113.
    NHTSA (2023). 2021 FARS/CRSS coding and validation manual. Report 
No. DOT HS 813 426. DOT, National Highway Traffic Safety 
Administration, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813426.

IV. What is FMCSA taking comment on and what supporting documentation 
do I need to include in my comments?

    FMCSA has become aware of the reports and studies listed above. The 
Agency will be considering whether any material information contained 
in these reports and studies may be relied upon by the Agency in 
developing a proposed or final rule. This NODA is necessary to disclose 
such possible reliance and to provide the interested public an 
opportunity to comment on the accuracy and relevance of the information 
(49 CFR 5.5(a)(1)).
    The comment period for the ANPRM ended on November 29, 2023. 
Comments submitted in response to this NODA must be limited to 
addressing any relevant information in the reports and studies listed 
above. Comments addressing other matters will not be considered by 
FMCSA.

    Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-00522 Filed 1-11-24; 8:45 am]
BILLING CODE 4910-EX-P


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