Change to FMCSA Policy on Calculating and Publicizing the Driver, Vehicle, and Hazardous Materials Out-of-Service Rates and Crash Rates |
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Anne S. Ferro
Federal Motor Carrier Safety Administration
September 22, 2010
[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Rules and Regulations]
[Page 57696-57698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se10-11]
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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 roxane.greene@dot.gov
or (202) 366-0735; or Paul Bomgardner at paul.bomgardner@dot.gov 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
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Driver OOS
Registration years (calendar years) Crash rate rate Vehicle OOS HM OOS rate
(percent) rate (percent)
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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
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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
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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.
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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]
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