[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Rules and Regulations]
[Pages 57696-57698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23440]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385


Change to FMCSA Policy on Calculating and Publicizing the Driver, 
Vehicle, and Hazardous Materials Out-of-Service Rates and Crash Rates

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

ACTION: Notice of enforcement policy amendment.

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[[Page 57697]]

SUMMARY: Under 49 CFR 385.407 FMCSA may not issue a hazardous materials 
safety permit (HMSP) to a motor carrier having a crash rate, or driver, 
vehicle, or hazardous materials (HM) out-of-service (OOS) rate in the 
top 30 percent of the national average. This document revises the date 
used to calculate the threshold crash and OOS rates, from calendar year 
cycles to fiscal year cycles, from October 1 of a given year to 
September 30 of the following year. This will provide motor carriers 
and the industry a 3-month preview of the crash and OOS rates FMCSA 
uses to determine HMSP eligibility, before the motor carrier HMSP 
registration cycle begins on January 1.

DATES: Effective Date: This policy amendment is effective October 1, 
2010.

FOR FURTHER INFORMATION CONTACT: Roxane Greene at <a href="/cdn-cgi/l/email-protection#a3d1ccdbc2cdc68dc4d1c6c6cdc6e3c7ccd78dc4ccd5"><span class="__cf_email__" data-cfemail="2e5c41564f404b00495c4b4b404b6e4a415a00494158">[email protected]</span></a> 
or (202) 366-0735; or Paul Bomgardner at <a href="/cdn-cgi/l/email-protection#413120342d6f232e2c262033252f243301252e356f262e37"><span class="__cf_email__" data-cfemail="9cecfde9f0b2fef3f1fbfdeef8f2f9eedcf8f3e8b2fbf3ea">[email protected]</span></a> or 
(202) 493-0027. Both staff members may be reached at FMCSA, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. Office hours are from 8:30 
a.m. to 5 p.m., EST, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On November 7, 2007, FMCSA published a 
Notice of Enforcement Policy (72 FR 62795) explaining how the Agency 
calculates the top 30 percent of the national average for crash rates, 
and for driver, vehicle and hazardous materials OOS rates, and 
determines whether a given motor carrier falls within the top 30 
percent of the national average in each of these categories.
    49 CFR part 385, subpart E identifies which motor carriers must 
hold a HMSP, establishes the application process for a HMSP, and 
specifies the conditions that must satisfy to qualify for this permit. 
Section 385.407 requires that a carrier have a ``Satisfactory'' safety 
rating, certify that it has a satisfactory security program, and be 
properly registered with the Pipeline and Hazardous Materials Safety 
Administration (PHMSA). In addition, as specified under Section 
385.407(a)(2), FMCSA will not issue a HMSP to a motor carrier having a 
crash rate in the top 30 percent of the national average, as indicated 
in the FMCSA Motor Carrier Management Information System (MCMIS), or a 
driver, vehicle, HM, or total OOS rate in the top 30 percent of the 
national average as indicated in the MCMIS.
    The HMSP requirement became effective for motor carriers after 
January 1, 2005, when the motor carrier was required to file a Motor 
Carrier Identification Report Form (MCS-150), as set forth in 49 CFR 
390.19. A motor carrier is required to file its MCS-150 form with FMCSA 
every two years. The application for the HMSP was incorporated into the 
MCS-150, as an expanded version of the form entitled ``MCS-150B or 
Combined Motor Carrier Identification Report and HM Permit 
Application.'' Thus, the HMSP must be renewed every two years.
    In early January 2005, FMCSA published on its public Web site the 
calculation for determining the national average crash rate and the 
driver, vehicle and HM OOS rates that established the threshold for the 
``top 30 percent of the national average''. The Web site also explained 
how a carrier can calculate its own crash and OOS rates.
    To calculate the threshold figure that determines the top (worst-
performing) 30 percent of the national average, FMCSA looked at the 
crash rates and driver, vehicle, and HM OOS percentage rates of all 
carriers (HM and non-HM) for the prior two calendar years. The Agency 
then determined the numerical threshold value relative to which 70 
percent of all carriers have a driver, vehicle, or HM OOS percentage 
rate lower than that figure, and 30 percent of the carriers have a 
driver, vehicle, or HM OOS percentage rate that is higher. The FMCSA 
Web site provided notice to the regulated community on how FMCSA would 
establish the national averages and threshold figures for the top, or 
worst-performing, 30 percent of the motor carrier population. The 
Agency recalculates and publishes these threshold rates on its Web site 
every 2 years. Upon publication, the threshold rates remain effective 
for the 2-year registration period of the HMSP program. For example, in 
January 2009, using data for calendar years 2007 and 2008, FMCSA 
recalculated and published on its Web site the threshold crash rates 
and driver, vehicle, and HM OOS rates establishing the top 30 percent 
of the national average (see http://www.safer.fmcsa.dot.gov/HazmatRatesPost.pdf). These rates provide the standard for granting or 
denying HMSPs during the calendar year (CY) 2009 to 2011 registration 
cycle.
    Table 1 below shows the calculated threshold rates establishing the 
top 30 percent of the national average for the registration years CY 
2005 through 2010:
    Table 1 below shows the calculated threshold rates establishing the 
top 30 percent of the national average for the registration years CY 
2005 through 2010:

                          Table 1--Calculated Threshold Rates for CY 2005 Through 2010
----------------------------------------------------------------------------------------------------------------
                                                                    Driver OOS
       Registration years (calendar years)          Crash rate         rate         Vehicle OOS     HM OOS rate
                                                                     (percent)    rate (percent)
----------------------------------------------------------------------------------------------------------------
2005 & 2006.....................................           0.125            8.92            33.3            5.88
2007 & 2008.....................................           0.125            9.52            33.3            6.06
2009 & 2010.....................................           0.125            9.09            33.3            4.76
----------------------------------------------------------------------------------------------------------------

OEC Calculation of Crash Rate and OOS Rates on a Fiscal Year Basis

    The threshold for crash rates, and driver, vehicle and HM OOS rates 
were, and will continue to be, recalculated every 2 years using the 
crash and OOS data from the previous 2 years. The FMCSA is only 
revising the date from which the data from the 2-year period will be 
calculated. The 2-year period will now be measured by the federal 
fiscal year (October 1 to September 30), instead of calendar year 
(January 1 to December 31). This change will take effect prior to the 
next registration cycle for the HMSP program starting in 2011. To 
determine the rates for the next registration cycle, 2011 to 2012, 
FMCSA will use two years of crash and OOS data to calculate the 
threshold rates for the top 30 percent of the national average using 
data from fiscal years 2009, (October 1, 2008, to September 30, 2009), 
and 2010, (October 1, 2009, to September 30, 2010). Accordingly, the 
threshold rates for registration year 2011 and 2012 will be calculated 
on October 1, 2010, and published on the FMCSA Web site shortly 
thereafter, and will be effective for the registration period 
commencing January 1, 2011. This change will provide motor carriers 
with

[[Page 57698]]

a 3-month preview of the crash and OOS rates that will be effective for 
the issuance of HMSPs during the following 2-year registration period.

Carriers' Calculation of Their OOS Rates and Crash Rate

    When a motor carrier submits an HMSP application through the MCS-
150B process, FMCSA examines one year (12 months) of the carrier's 
crash and OOS data. This policy is consistent with Agency's practice of 
reviewing one year of motor carrier records during the conduct of a 
compliance review. The period examined is the 12 months immediately 
preceding the date that the application is received and processed. A 
motor carrier must, therefore, calculate its vehicle, driver, and HM 
OOS rates in each of the three categories by examining the number of 
inspections and OOS violations during the preceding 12-month period. To 
determine its OOS rate, the carrier would divide the number of OOS 
violations by the total number of inspections for each category. The 
resulting figure is the motor carrier's OOS rate for the category.
    The FMCSA likewise examines one year of crash data to determine a 
carrier's crash rate. A motor carrier will divide the number of crashes 
for the previous 12-month period by the total number of power units 
that it operated during that period. For example, if a motor carrier 
had 2 crashes and 10 power units, the crash rate would be 0.20 based 
upon a calculation of (2/10 = 0.20). The FMCSA does not consider a 
single crash to be statistically valid. Thus, crash rates will be 
calculated only for carriers with more than one crash in the previous 
12-month period.

Upcoming Registration Cycles Under the HMSP Program

                                      Table 2--Upcoming Registration Cycles
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                                  OOS rates calculated and
  Upcoming registration years     publicized for  industry        OOS rates implemented by FMCSA  Office of
          (or cycles)                     preview                         Enforcement and Compliance
----------------------------------------------------------------------------------------------------------------
CY 2011 & 2012................  FY 2010 (Oct. 1, 2009).....  January 1, 2011 to December 31, 2012.
CY 2013 & 2014................  FY 2012 (Oct. 1, 2011).....  January 1, 2013 to December 31, 2014.
CY 2015 & 2016................  FY 2014 (Oct. 1, 2013).....  January 1, 2015 to December 31, 2016.
----------------------------------------------------------------------------------------------------------------

    The OOS rates based on a 2-fiscal year cycle will be effective for 
the 2-year registration cycle as the above table illustrates, beginning 
the following January, and will remain in effect for the entire 2 
calendar years of the registration cycle. For example, the OOS rates 
calculated on October 1, 2010, will be published on the FMCSA Web site 
for preview, become effective for purposes of HMSP review on January 1, 
2011, and will remain in effect through December 31, 2012. The OOS 
rates will then be re-calculated and published on October 1, 2012, for 
the following registration cycle, and enforced starting January 1, 
2013.

    Issued on: August 31, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-23440 Filed 9-21-10; 8:45 am]
BILLING CODE 4910-EX-P


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