Amendments to Highway Safety Program Guidelines |
|---|
|
Jeff Michael
National Highway Traffic Safety Administration
23 August 2016
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Notices]
[Pages 57646-57649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20165]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0084]
Amendments to Highway Safety Program Guidelines
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Request for comments, highway safety program guidelines.
-----------------------------------------------------------------------
SUMMARY: Section 402 of title 23 of the United States Code requires the
Secretary of Transportation to promulgate uniform guidelines for State
highway safety programs. The National Highway Traffic Safety
Administration (NHTSA) is seeking comments on one (1) new guideline
that reflects program methodologies and approaches that have proven to
be successful and are based on sound science and program
administration. The new guideline is No. 9 Distracted and Drowsy
Driving. NHTSA believes the new guideline will provide more accurate,
current and effective guidance to the States regarding distracted and
drowsy driving. The guideline will be made publicly available on the
NHTSA Web site.
DATES: Comments must be received on or before September 22, 2016.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
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 at 65 FR 19477
FR 19477, April 11, 2000, or you may visit http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.
FOR FURTHER INFORMATION CONTACT: Ms. Carole Guzzetta (202) 366-3665,
Office of Impaired Driving and Occupant Protection, NHTSA, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590. Email: carole.guzzetta@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 402 of title 23 of the United States Code requires the
Secretary of
[[Page 57647]]
Transportation to promulgate uniform guidelines for State highway
safety programs. As the highway safety environment changes, it is
necessary for NHTSA to update the guidelines to provide current
information on effective program content for States to use in
developing and assessing their traffic safety programs. These
guidelines reflect the best available science and the real-world
experience of NHTSA and the States in developing and managing traffic
safety program content. NHTSA will update the guidelines periodically
to address new issues and to emphasize program methodologies and
approaches that have proven to be effective in these program areas.
The guidelines offer direction to States in formulating their
highway safety plans for highway safety efforts that are supported with
section 402 grant funds, as well as safety activities funded from other
sources. The guidelines provide a framework for developing a balanced
highway safety program and serve as benchmarks by which States can
assess the effectiveness of their own programs. NHTSA encourages States
to use these guidelines and build upon them to optimize the
effectiveness of highway safety programs conducted at the State and
local levels.
The guidelines emphasize areas of nationwide concern and highlight
effective countermeasures. As each guideline is updated or created, it
will include the date of its revision or development.
NHTSA has developed a new guideline on distracted and drowsy
driving, No. 9, to address these growing problems. This new guideline
will help States develop plans to address distracted and drowsy
driving. In 2014, ten percent of fatal crashes, 18 percent of injury
crashes, and 16 percent of all police-reported motor vehicle traffic
crashes were reported as distraction-affected crashes. These
proportions have remained stable over the past five years of reported
data. In 2014, there were 3,179 people killed and an estimated
additional 431,000 injured in motor vehicle crashes involving
distraction-affected drivers. Ten percent of all drivers 15 to 19 years
old involved in fatal crashes were reported as distracted at the time
of the crashes. This age group has the largest proportion of drivers
killed in the age range who were distracted at the time of the crashes.
Lastly, in 2014, there were 520 non-occupants, such as pedestrians and
bicyclists, killed in distraction-affected crashes.\1\ The limitations
of these data are described in an April 2016 Traffic Safety Facts
Research Note (DOT HS 812 260).\2\
---------------------------------------------------------------------------
\1\ National Center for Statistics and Analysis. (2016, April).
Distracted Driving 2014. (Traffic Safety Facts Research Note, DOT HS
812 260). Washington, DC: National Highway Traffic Safety
Administration. Available at http://www-nrd.nhtsa.dot.gov/Pubs/812260.pdf.
\2\ National Center for Statistics and Analysis. (2016, April).
Distracted Driving 2014. (Traffic Safety Facts Research Note, DOT HS
812 260). Washington, DC: National Highway Traffic Safety
Administration. Available at http://www-nrd.nhtsa.dot.gov/Pubs/812260.pdf.
---------------------------------------------------------------------------
Current estimates range from 2 percent to 20 percent of annual
traffic deaths attributable to driver drowsiness. According to NHTSA,
annually on average from 2009 to 2013, there were over 72,000 police-
reported crashes involving drowsy drivers, injuring more than an
estimated 41,000 people, and killing more than 800.\3\ By using a
multiple imputation methodology, the AAA Foundation for Traffic Safety
estimated that 7 percent of all crashes and 16.5 percent of fatal
crashes involved a drowsy driver.\4\ This estimate suggests that more
than 5,000 people died in drowsy-driving-related motor vehicle crashes
across the United States last year. Research conducted in 2012 by the
AAA Foundation for Traffic Safety showed drivers ages 16-24 were the
most likely to report having fallen asleep while driving within the
past year.\5\ Finally, the AAA Foundation's 2015 Traffic Safety Index
reported that nearly all drivers (97.0%) view drowsy driving as a
serious threat to their safety and a completely unacceptable behavior;
however, nearly 1 in 3 (31.5%) admitted to driving when they were so
tired that they had a hard time keeping their eyes open at some point
in the past month.\6\
---------------------------------------------------------------------------
\3\ National Center for Statistics and Analysis. National
Highway Traffic Safety Administration Fatality Analysis Reporting
System (FARS) and National Automotive Sampling System (NASS) General
Estimates System (GES).
\4\ Tefft, B.C. (2012). Prevalence of motor vehicle crashes
involving drowsy drivers, United States, 1999-2008. Accident
Analysis & Prevention, 45(1): 180-186.
\5\ 2012 Traffic Safety Culture Index (2013, January).
Washington, DC: AAA Foundation for Traffic Safety. Available at
www.aaafoundation.org/sites/default/files/2012TrafficSafetyCultureIndex.pdf.
\6\ 2015 Traffic Safety Culture Index (2016, February).
Washington, DC: AAA Foundation for Traffic Safety. Available at
www.aaafoundation.org/sites/default/files/2015_TSCI.pdf.
---------------------------------------------------------------------------
It is important that States begin to address the problems of
distracted and drowsy driving. This guideline is designed to help
policymakers with decisions about how best to address these growing
issues.
All the highway safety guidelines are on the NHTSA Web site, in the
Highway Safety Grant Management Manual, and on the Traffic Safety page
at http://www.nhtsa.dot.gov/nhtsa/whatsup/tea21/tea21programs/.
II. Public Participation
How do I prepare and submit written comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your primary comments cannot exceed 15 pages (49 CFR 553.21). We
established this limit to encourage you to write your primary comments
in a concise fashion. However, you may attach necessary additional
documents to your primary comments. There is no limit on the length of
the attachments. Please submit your comments to the Docket by any of
the methods outlined under ADDRESSES.
How can I be sure that my comments were received?
If you submit your comments by mail and wish the Docket Management
to notify you upon its receipt of your comments, enclose a self-
addressed, stamped postcard in the envelope containing your comments.
Upon receiving your comments, the Docket Management will return the
postcard by mail.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation (49 CFR part 512).
Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment
[[Page 57648]]
closing date indicated above under DATES. To the extent possible, we
will also consider comments that Docket Management receives after that
date. If Docket Management receives a comment too late for us to
consider in developing a final guideline (assuming that one is issued),
we will consider that comment as an informal suggestion for future
guideline action.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
Docket Management Facility by going to the street address given above
under ADDRESSES. The Docket Management Facility is open between 9 a.m.
and 5 p.m. Eastern Time, Monday through Friday, except Federal
holidays. You may also read the materials placed in the docket for this
document (e.g., the comments submitted in response to this document by
other interested persons) at any time by going to http://www.regulations.gov. Follow the online instructions for accessing the
dockets.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
In consideration of the foregoing, NHTSA proposes new Guideline 9,
to read as follows.
Highway Safety Program Guideline No. 9
Distracted and Drowsy Driving
Each State, in cooperation with its political subdivisions and
tribal governments, and other parties as appropriate, should develop
and implement a comprehensive highway safety program, reflective of
State demographics, to achieve a significant reduction in traffic
crashes, fatalities and injuries on public roads. This highway safety
program should include a distracted and drowsy driving component that
promotes safe driving practices and educates drivers as to the serious
consequences of driving distracted or drowsy. This guideline describes
the components that a State program should include and the criteria
that the program components should meet. Given the multidisciplinary
nature of the highway safety problem, implementation of a comprehensive
distracted and drowsy driving program requires coordination among
several agencies and organizations.
Distracted and drowsy driving have many issues in common: Both are
difficult to measure and observe; it is challenging to establish data
collection to provide actual numbers of fatalities and injuries.
Moreover, enforcement of these unsafe driving behaviors is challenging
for law enforcement, further contributing to the difficulty in
assessing the magnitude of the problem. Additionally, both behaviors
result from lifestyle choices, which take them beyond driving and
transportation issues.
I. Program Management
Each State should conduct data analysis to identify the nature and
extent of its distracted and drowsy driving problems. Each State should
have centralized program planning, implementation and coordination to
establish realistic goals and objectives for the State's program, and
to implement projects to reach these goals. A State distracted and
drowsy driving program should:
Conduct regular problem identification and evaluation
activities to determine the scope of the distracted and drowsy driving
problems in the State and guide the development of countermeasures;
Establish performance targets to guide progress in
reducing distracted and drowsy driving problems;
Prioritize key populations for educational efforts to
prevent the causes of distracted and drowsy driving crashes;
Identify key messages that need to be conveyed to various
populations to prevent distracted and drowsy driving;
Provide leadership, training and technical assistance to
other agencies and local programs and projects addressing these issues;
Identify stakeholders/partners to help the program reach
established goals and objectives; and
Encourage participation in designated distracted and
drowsy driving prevention campaigns, such as the annual Distracted
Driving month activities.
II. Multidisciplinary Involvement
Distracted and drowsy driving cut across many disciplines. For
example, being fatigued affects health, overall performance and mood.
It can be the result of lifestyle choices, a physical condition or
medication. Distraction goes beyond driving, as many individuals are
engaging in distracted walking and biking as well. Therefore, program
efforts should align as both a public health and a transportation
issue. Following are recommended groups that should be involved in
efforts to reduce distracted and drowsy driving:
Public Health and medical professionals;
Driver education and licensing;
Non-profit organizations;
Community safety organizations;
Businesses and fleet employers;
Law enforcement and public safety (including EMS and
Firefighters);
State agencies, as appropriate;
Media and communications (including social media) outlets;
Academic/research organizations; and
Engineering and technology partners.
III. Legislation, Regulation and Policy
Each State should enforce all traffic laws and regulations,
including any with a focus on distracted and drowsy driving. States
should work with other State agencies and private sector partners to
establish policies directed at
Prohibiting the use of wireless/electronic communication
devices while driving on work-related business, whether in company or
personal vehicles; and
preventing drowsy driving while on work-related business,
whether in company or personal vehicles. States should work with
relevant employers to provide strategies to assist with scheduling
shift changes that provide for improved sleep.
With respect to distracted driving, each State should enact and
enforce laws prohibiting the use of wireless/electronic communications
devices while driving. At a minimum, the law should:
Prohibit a driver from using (e.g., talking, dialing,
browsing, texting \7\) a wireless/electronic communications device
while driving;
---------------------------------------------------------------------------
\7\ ``Texting'' is defined as reading from or manually entering
data into a personal wireless communications device, including doing
so for the purpose of SMS texting, emailing, instant messaging, or
engaging in any other form of electronic data retrieval or
electronic data communication. (Federal Register/Vol. 81, No. 99/
Monday, May 23, 2016/Rules and Regulations, p. 32590)
---------------------------------------------------------------------------
Make the violation a primary offense;
Establish a minimum fine for a violation of the law; and
Prohibit a driver from texting through a wireless/
electronic communications device while stopped in an active traffic
lane.
With respect to drowsy driving, in the absence of specific
legislation, States may be able to use existing statutes addressing
violations such as reckless driving, lane changes, and weaving to
[[Page 57649]]
identify drowsy drivers and cite, as appropriate. States should enact
and enforce laws prohibiting drowsy driving.
IV. Law Enforcement
Each State should ensure that State and community distracted and
drowsy driving programs include a law enforcement component. States
should provide guidance and support to:
Develop protocols and training for law enforcement to
identify the signs associated with distracted and drowsy driving and
how the established laws in the State can and should be enforced;
Develop protocols and training for law enforcement in
recognizing the involvement of distraction and drowsiness in motor
vehicle crashes;
Ensure that police crash reports include designations for
driver distractions and driver drowsiness/fatigue as contributory
factors to crashes;
Identify locations where drowsy driving crashes are most
likely to occur and conduct enforcement efforts, as appropriate;
Conduct regular enforcement, as well as high visibility
enforcement, to address distracted driving and drowsy driving;
Consider a special task force to deal exclusively with
crash investigations thought to be the result of distracted and drowsy
driving;
Coordinate with educational and engineering activities;
As needed, update the State's crash reporting form to be
Model Minimum Uniform Crash Criteria (MMUCC) compliant with regard to
distracted and drowsy driving codes; and
Establish appropriate internal policies to limit
distraction and institute fatigue management programs for law
enforcement and other emergency personnel.
V. Highway and Traffic Engineering
Including a highway and traffic engineering component can be
especially important in drowsy and distracted driving crashes. Each
State should consider a network level crash analysis or review of
policy and standards to ensure the benefits of shoulder and center
rumble strips placed on appropriate roads and work with local/State
policymakers to have them installed. States should also consider
improvements to the safety and availability of safe roadway rest stops
to allow for rest and/or time to make phone calls, etc. States should
include improved lighting uniformity at rest stops; this provides an
environment where drivers may feel it is safer to stop and rest.
VI. Communication Program
Each State should ensure that State and local programs contain a
comprehensive communication component to support program and policy
efforts, inclusive of social media and other relevant mediums that
resonate with target audiences. The communication program should
coordinate with law enforcement, businesses, health/medical, school-
and college-based programs, and media outlets to share safety messages
and campaign information. Communication programs and materials should
be language and culturally relevant, and should address issues such as:
Risks associated with distracted and drowsy driving;
Signs and symptoms of distracted driving;
Signs and symptoms of drowsy driving, including medicines
and sleep disorders;
Types of distractions beyond talking on a cell phone and
texting, such as eating and drinking, using a GPS, grooming, etc.;
Risks associated with distracted walking and bicycling;
Countermeasures for dealing with distraction and
drowsiness while driving;
Laws and enforcement of laws, as appropriate; and
Use of special events such as nationally recognized safety
and injury prevention weeks to highlight the risks and dangers of
distracted and drowsy driving.
VII. Driver Education and Licensing
Younger drivers are at risk for both distracted and drowsy driving.
As such, each State should coordinate distracted and drowsy driving
information and outreach plans using educational and other collateral
materials, and include issues of distracted and drowsy driving in
licensing programs (including Graduated Driver Licensing), both in
classroom and behind the wheel. Each State should include information
on distracted and drowsy driving in the driver licensing manual and
driver licensing test questions.
VIII. Evaluation
Both problem identification and evaluation of distracted and drowsy
driving crashes can be difficult. Often, a surviving driver may be
reluctant to admit having been distracted or drowsy following a crash.
However, each State can promote effective evaluation by:
Supporting detailed analysis of police crash reports
involving distracted and drowsy drivers;
Evaluating the effectiveness of educational and
communication programs by measuring behavior, knowledge, and attitude
changes;
Conducting and publicizing statewide surveys of public
knowledge and attitude about distracted and drowsy driving;
Conducting and publicizing observational surveys of driver
distraction;
Using available data to identify at-risk populations; and
Ensuring that evaluation results are used to identify
problems, plan new programs and improve existing programs and
strategies.
Authority: 44 U.S.C. Section 3506(c)(2)(A).
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2016-20165 Filed 8-22-16; 8:45 am]
BILLING CODE 4910-59-P