[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8737-8739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02539]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0061]


Request for Information Concerning the Study of Sexual Assault 
and Sexual Harassment in the Commercial Motor Vehicle Industry

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

ACTION: Notice; request for information.

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SUMMARY: FMCSA is planning to undertake a study to understand and 
quantify the prevalence and severity of sexual assault and sexual 
harassment (SASH) experienced across the commercial motor vehicle (CMV) 
industry, particularly among drivers. FMCSA seeks information on how 
best to design and conduct a study to identify, categorize, and assess 
context and trends of SASH in the CMV industry. FMCSA is particularly 
interested in how to support women currently in these jobs and those 
seeking to enter the CMV industry. This RFI seeks information on how 
best to approach this study holistically in terms of statistical 
sampling, study design, and administering the appropriate data 
collection efforts. For example, FMCSA seeks information on how best to 
treat categories of gender, sexual orientation, and ethnicity in the 
study, as well as best practices in designing questions that use the 
latest standards for SASH research and address the breadth and 
lifecycles of careers in the CMV industry. This study builds on 
recommendations from FMCSA's Women of Trucking Advisory Board (WOTAB) 
to better understand problems of SASH among drivers, thereby helping 
identify possible countermeasures. FMCSA will use the results of this 
study to understand any potential regulatory or policy measures needed 
to improve driver safety and mitigate SASH; work with industry partners 
on outreach and other efforts to improve driver safety through SASH 
prevention; and support the participation of women in the CMV industry.

DATES: Comments on this notice must be received on or before March 11, 
2024.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2024-0061 using any of the following methods:
    <bullet> Go to https://www.regulations.gov/docket/FMCSA-2024-0061/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.

FOR FURTHER INFORMATION CONTACT: Nicole Katsikides, Ph.D., Senior 
Transportation Specialist, Research Division, FMCSA, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001; (202) 940-6645; 
<a href="/cdn-cgi/l/email-protection#cb85a2a8a4a7aee580aabfb8a2a0a2afaeb88bafa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="da94b3b9b5b6bff491bbaea9b3b1b3bebfa99abeb5aef4bdb5ac">[email protected]</span></a>. If you have questions on viewing or 
submitting material to the docket, contact Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION: FMCSA organizes this notice as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Comments on the Information Collection

[[Page 8738]]

II. Background
III. Request for Information

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2024-0061), 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-2024-0061/document, click on this notice, 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 notice 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 
notice, 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 Notice. Submissions containing CBI should be 
sent to 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#ed8f9f848c83c38ac3898c85818483ad898299c38a829b"><span class="__cf_email__" data-cfemail="6a0818030b04440d440e0b020603042a0e051e440d051c">[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 notice.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2024-0061/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 Act

    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 https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are 
searchable by the name of the submitter.

II. Background

    SASH are long-standing challenges for the CMV driving community, 
particularly for women. Addressing these challenges is a priority for 
the Department, FMCSA, and WOTAB.<SUP>1 2</SUP> Through previous 
research efforts, FMCSA sought to understand, characterize, and assess 
the prevalence and severity of SASH within the CMV industry. FMCSA had 
little information on the breadth of SASH problems in the industry or 
recommendations for solutions, and a study, Crime Prevention for 
Truckers Study, helped frame the issues, including how to best support 
women in CMV careers through countermeasures designed to mitigate 
SASH.\3\ Further, this study evaluated harassment of women and minority 
men truckers with incidents among non-minority men serving as a control 
group.
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    \1\ Chartered by the Secretary of Transportation on February 11, 
2022, WOTAB is charged with reviewing and reporting on policies that 
provide education, training, mentorship, or outreach to women in the 
trucking industry and to improve recruitment, retention, or 
advancement of women in the trucking industry (https://www.fmcsa.dot.gov/wotab).
    \2\ https://www.fmcsa.dot.gov/advisory-committees/wotab/wotab-meetings.
    \3\ https://www.fmcsa.dot.gov/research-and-analysis/crime-prevention-truckers-study.
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    The study found that harassment and crime against drivers are 
prevalent. Drivers reported a range of harassment types, such as being 
called offensive names or threatened with weapons. Further, harassment 
is not limited by gender and race, as the study found it extends to 
religion, lifestyle, and sexual orientation. The study concluded that 
women truck drivers are particularly vulnerable to crimes that are 
sexual in nature and are more likely to experience harassment from 
another truck driver or from trainers. Crimes against women truck 
drivers are more likely to happen at night, though they also occur 
throughout the day and cycle of a driver's run.
    The study further found that many harassment incidents go 
unreported, but women are reporting more than men. Most respondents 
said that they did not think reporting harassment would make a 
difference. Many felt there might be retaliation or problems in some 
way, and they chose not to report the incident(s). However, women truck 
drivers were found to be two to four times more likely to report being 
touched without permission compared to non-minority men, and minority 
women were up to nine times more likely to report being physically 
harmed compared to non-minority men. Non-minority women are two to six 
times as likely than non-minority men to be touched without permission. 
The study included recommendations that were taken from the survey 
respondents' comments (although these recommendations were not 
evaluated to determine feasibility, appropriateness, and most 
importantly, their ability to improve driver safety).
    When the study was released, WOTAB received several comments, 
formally and informally, from industry groups and organizations focused 
on researching and stopping violence against women and 
SASH.<SUP>4 5 6</SUP> These organizations expressed concern that

[[Page 8739]]

the FMCSA study was not comprehensive and that more questions needed to 
be asked to determine the full nature of the SASH problem. Key areas of 
concern included:
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    \4\ https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/national-womens-law-center-public-comment.
    \5\ https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/futures-without-violence-public-comment.
    \6\ https://www.fmcsa.dot.gov/mission/advisory-committees/wotab/real-women-trucking-public-comment-solutions-address-sexual.
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    1. Sample design and categories of gender, sexual orientation, and 
ethnicity.
    2. Types of questions asked to capture SASH and not using the 
latest standards in SASH research to design questions.
    3. Development of appropriate and evaluated recommendations to 
inform actions for SASH prevention.
    While the study framed the SASH issues in the industry and provided 
some preliminary data to understand magnitude, WOTAB's discussions on 
the study and other issues for women in the CMV industry indicated a 
need for additional research, especially to support improved 
participation of women in CMV careers. Additional research was 
suggested to support potential policy changes that would address 
improvements to current practices and reporting methods for drivers 
related to SASH, and to establish improved outreach and safety 
resources. WOTAB noted in particular that it is important to understand 
SASH with additional depth and breadth to ensure there is an awareness 
of the magnitude of SASH across the industry.
    Therefore, FMCSA seeks to develop a comprehensive, expanded study 
that achieves a deeper framing and understanding of baseline data and 
issues related to SASH. FMCSA seeks input from stakeholders to help in 
the design of a new study.

III. Request for Information

    In developing the SASH study, FMCSA seeks input on the elements 
that should be included or considered. Please include answers to the 
following questions in your response:
    1. What is the optimal study design to capture SASH information 
within the CMV industry, particularly among drivers? FMCSA is 
considering a survey and interview approach, as well as potential peer 
reviews of findings at key milestones throughout the study. What type 
of study design will best characterize the nature and scope of sexual 
assault and sexual harassment within the CMV industry that can be used 
to develop appropriate countermeasures?
    2. What are best practices or methods for capturing gender identity 
information?
    3. What are best practices to consider when asking demographic 
questions about sexual orientation and ethnicity?
    4. Are there other categories of participant demographics that 
would improve the study (e.g., education, age, income, length of time 
in position (or in the industry), segment of the CMV industry, 
geographic region of operation, etc.)? Please be specific and provide 
rationale for including such questions, including how they may be used 
in characterizing the SASH problem and developing countermeasures and 
recommendations.
    5. Who should be included (i.e., targeted stakeholders) in a SASH 
study for the CMV industry?
    6. What options exist to best incorporate stakeholder input and 
feedback throughout the study (e.g., surveys, individual interviews, 
focus groups, or other formats)?
    7. What research is available for designing and administering 
questions about SASH (e.g., style of questions, sequencing, repetition, 
phrasing, etc.)?
    8. What are the best methods to capture SASH issues and trends 
throughout the evolution of one's career (trainee, driver, other 
positions across the CMV industry (e.g., manager, trainer, scheduler, 
safety employee, retiree, those who have left the industry)?
    9. What are the optimum methods to capture the breadth of SASH? 
What categories of questions should FMCSA include that will ensure a 
comprehensive approach to the issue?
    10. What are good practices for informing stakeholders and the 
public at key milestones during a long study? How can FMCSA best 
disseminate information (e.g., literature review, preliminary results) 
to keep stakeholders informed without compromising the integrity of the 
study?

    Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-02539 Filed 2-7-24; 8:45 am]
BILLING CODE 4910-EX-P


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