[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22518-22523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07818]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0233]


Crash Preventability Determination Program

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

[[Page 22519]]


ACTION: Notice and request for comments.

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SUMMARY: To address industry concerns about all crashes being used in 
the Agency's Safety Measurement System (SMS), since May 2020 FMCSA has 
been operating the Crash Preventability Determination Program (CPDP). 
This program reviews 16 specific crash types and modifies information 
in the SMS to distinguish not preventable crashes. The existing program 
was an expansion of the Agency's previous demonstration program that 
reviewed eight specific crash types. Through the incorporation of this 
information into SMS, FMCSA is better positioned to identify unsafe 
carrier and driver behaviors and prioritize carriers for interventions, 
by excluding not preventable crashes when calculating a motor carrier's 
Crash Indicator Behavior Analysis Safety Improvement Category measure 
and percentile Based on the Agency's experiences with the crash types 
and its reviews of crash eligibility, FMCSA proposes modifying existing 
crash types to broaden eligibility, removing the distinction between 
direct and indirect strikes, and differentiating some types for 
improved reporting and use of the data to identify ways to reduce 
crashes involving non-motorists, in alignment with the Department of 
Transportation's National Roadway Safety Strategies at 
www.transportation.gov/NRSS. In addition, FMCSA proposes that four new 
crash types be included in the program. FMCSA seeks comments on these 
proposed changes. FMCSA will respond to comments it receives on the 
proposal and announce the start of the updated CPDP through a 
subsequent Federal Register notice.

DATES: Comments must be received on or before June 12, 2023.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0233 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0233/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. DOT, 1200 New Jersey Avenue 
SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
     Hand Delivery or Courier: Dockets Operations, U.S. DOT, 
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, 
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through 
Friday, except for Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.
     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: Mr. Catterson Oh, Compliance Division, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
6160; [email protected]. 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 
notice (FMCSA-2022-0233), 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-2022-0233/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. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice based on your comments.
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 Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office 
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
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-2022-0233/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 in Room 
W12-140 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

    FMCSA solicits comments from the public to better inform its 
processes. FMCSA posts these comments, without edit, 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), which can be reviewed at https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf.

II. Background

    Since its implementation in 2010, FMCSA's Safety Measurement System 
(SMS) has used safety performance information in the Behavior Analysis 
and Safety Improvement Categories (BASICs), in addition to recordable 
crashes involving commercial motor vehicles (CMVs), to prioritize 
carriers for safety interventions (75 FR 18256). The Crash Indicator 
BASIC uses crashes from the previous 24 months to calculate percentiles 
for motor carriers.

[[Page 22520]]

    In addition, the public SMS website lists motor carriers' 
recordable crashes. Although the Crash Indicator BASIC percentiles have 
never been publicly available, stakeholders have expressed concern that 
the use of all crashes in SMS, without an indication of preventability, 
may give an inaccurate impression about the risk posed by the company. 
In response to this concern, FMCSA announced a demonstration program on 
July 27, 2017, to evaluate the preventability of certain categories of 
crashes (82 FR 35045). Based on its experience in conducting the 
demonstration program, and the strong support for continuing and 
expanding this program, FMCSA initiated the Crash Preventability 
Determination Program (CPDP).
    Since May 2020, FMCSA has accepted Requests for Data Review (RDRs) 
in its DataQs system to evaluate the preventability by the CMV driver 
of the following 16 crash types, which were implemented as described in 
a May 6, 2020, Federal Register notice (85 FR 27017). This was an 
expansion from the Agency's previous demonstration program.
    Struck in the Rear type of crash when the CMV was struck:
    1. in the rear; or
    2. on the side at the rear.
    Wrong Direction or Illegal Turns type of crash when the CMV was 
struck:
    3. by a motorist driving in the wrong direction; or
    4. by another motorist in a crash when a driver was operating in 
the wrong direction; or
    5. by a vehicle that was making a U-turn or illegal turn.
    Parked or Legally Stopped type of crash when the CMV was struck:
    6. while legally stopped at a traffic control device (e.g., stop 
sign, red light, or yield) or while parked, including while the vehicle 
was unattended.
    Failure of the other vehicle to Stop type of crash when the CMV was 
struck:
    7. by a vehicle that did not stop or slow in traffic; or
    8. by a vehicle that failed to stop at a traffic control device.
    Under the Influence type of crash when the CMV was struck:
    9. by an individual under the influence (or related violation, such 
as operating while intoxicated), according to the legal standard of the 
jurisdiction where the crash occurred; or
    10. by another motorist in a crash where an individual was under 
the influence (or related violation such as operating while 
intoxicated), according to the legal standard of the jurisdiction where 
the crash occurred.
    Medical Issues, Falling Asleep or Distracted Driving type of crash 
when the CMV was struck:
    11. by a driver who experienced a medical issue that contributed to 
the crash; or
    12. by a driver who admitted falling asleep or admitted distracted 
driving (e.g., cellphone, global positioning system (GPS), passengers, 
other).
    Cargo/Equipment/Debris or Infrastructure Failure type of crash when 
the CMV:
    13. was struck by cargo, equipment, or debris (e.g., fallen rock, 
fallen trees, unidentifiable items on the road), or a crash resulting 
from an infrastructure failure.
    Animal Strike type of crash when the CMV:
    14. struck an animal.
    Suicide type of crash when the CMV:
    15. struck an individual committing or attempting to commit 
suicide.
    Rare or Unusual type of crash when the CMV:
    16. Was involved in a crash type that seldom occurs and does not 
meet another eligible crash type (e.g., non-motorist involved crashes, 
being struck by an airplane or skydiver or being struck by a deceased 
driver).
    Between May 1, 2020, and December 30, 2022, 39,133 RDRs were 
submitted to FMCSA. Approximately 72.5 percent of the submitted RDRs 
were eligible, meaning they were one of the 16 specific crash types. 
Approximately 96 percent of the eligible crashes were found to have 
been not preventable.
    FMCSA maintains quarterly statistics on the program on its website 
at www.fmcsa.dot.gov/crash-preventability-determination-program. As of 
December 30, 2022, information from the program is as follows:

                       Table 1--Crash Preventability Program Determinations by Crash Type
----------------------------------------------------------------------------------------------------------------
                                                       Total            Not
                   Crash type                     determinations    preventable     Preventable      Undecided
----------------------------------------------------------------------------------------------------------------
1. When the CMV was struck by a motorist driving           1,206           1,157              19              30
 under the influence (or related offense).......
2. When the CMV was struck by a motorist driving           1,288           1,195              36              57
 in the wrong direction.........................
3. When the CMV was struck in the rear..........          11,280          10,860             201             219
4. When the CMV was struck while legally stopped           1,931           1,858              40              33
 or parked, including when the vehicle was
 unattended.....................................
5. When the CMV was struck by an individual                   54              51               2               1
 committing or attempting to commit suicide by
 stepping or driving in front of the CMV........
6. When the CMV sustained disabling damage after             584             581               3               0
 striking an animal in the roadway..............
7. When the crash was a result of an                       1,018             986              18              14
 infrastructure failure or the CMV was struck by
 cargo, equipment, or debris (e.g., fallen rock,
 fallen trees, unidentifiable items in the road)
8. When the CMV was struck on the side at the              2,311           2,196              59              56
 rear...........................................
9. When the CMV was struck by another motorist                64              55               0               9
 in a crash when a driver was operating in the
 wrong direction................................
10. When the CMV was struck by a vehicle that                414             399               6               9
 was making a U-turn or illegal turn............
11. When the CMV was struck by a vehicle that                726             702              11              13
 did not stop or slow in traffic................
12. When the CMV was struck by a vehicle that              3,306           3,205              40              61
 failed to stop at a traffic control device.....
13. When the CMV was struck by another motorist               56              55               0               1
 in a crash where an individual was under the
 influence (or related violation such as
 operating while intoxicated)...................
14. When the CMV was struck by a driver who                  199             196               0               3
 experienced a medical issue which contributed
 to the crash...................................

[[Page 22521]]

 
15. When the CMV was struck by a driver who                  965             940              15              10
 admitted to falling asleep or admitted to
 distracted driving (e.g., cellphone, GPS,
 passengers, other).............................
16. When the CMV was involved in a crash type                294             254               9              31
 that seldom occurs and does not meet another
 eligible crash type (e.g., non-motorist
 involved crashes, being struck by an airplane
 or skydiver or being struck by a deceased
 driver)........................................
                                                 ---------------------------------------------------------------
    Total.......................................          25,696         24, 690             459             547
----------------------------------------------------------------------------------------------------------------

    As of December 30, 2022, 7,669 unique carriers had submitted RDRs. 
Of these, 3,138 carriers submitted 1 RDR, 3,837 carriers submitted 
between 2 and 9 RDRs, and 694 carriers submitted 10 or more RDRs. The 
highest number of RDRs submitted by 1 carrier was 942 RDRs.
    For the majority of crashes that were determined to be preventable, 
the CMV driver was operating with a pre-crash out-of-service (OOS) 
condition under the North American Standard OOS Criteria, which 
includes the driver not being properly licensed on the day of the 
crash. Many of these OOS violations were identified through post-crash 
inspections that noted the pre-crash violations. The Agency explained 
in its May 6, 2020, Federal Register notice that in these 
circumstances, crashes would be found to be preventable (85 FR 27017).
    The undecided determinations were primarily due to the submitter's 
failure to provide, after FMCSA's request, documentation confirming the 
validity of the driver's commercial driver's license (CDL) or medical 
certification on the date of the crash or to resolve conflicting 
information on the documentation provided about the crash. Undecided 
determinations were also issued when a submitter did not provide drug 
and alcohol testing results or explain why testing did not occur for 
fatal crashes.

III. Implementation Proposal

A. Proposed List of Eligible Crash Types

    FMCSA proposes changes to existing crash types and adds four new 
crash types to expand the CPDP to review even more crashes each year 
for preventability. These proposed changes are expected to double the 
size of the current program and provide more data for analysis of the 
impacts of a carrier's not preventable crashes on its overall safety. 
FMCSA would analyze these changes to existing crash types and new crash 
types for 24 months but may announce changes earlier if certain crash 
types cannot be consistently reviewed or there is insufficient 
information to make eligibility and preventability determinations.
    These changes and its incorporation into SMS allow us to further 
refine our prioritization to ensure the carriers and drivers with 
riskiest behaviors are identified for prioritization. In addition, the 
Agency believes that continued growth of the CPDP and the use of more 
preventability information in assessing motor carriers will provide an 
improved indication of a motor carrier's crash risk.
Changes to Existing Crash Types
    FMCSA proposes changes to existing crash types to broaden the crash 
types to allow more crashes to be eligible.
    The current crash types to be changed are:
    1. CMV was struck by a motorist driving in the wrong direction.
    2. CMV was struck by another motorist in a crash when a driver was 
operating in the wrong direction.
    3. CMV was struck by a vehicle that was making a U-turn or illegal 
turn.
    4. CMV was struck by a vehicle that did not stop or slow in 
traffic.
    5. CMV was struck by a vehicle that failed to stop at a traffic 
control device.
    6. CMV was struck by an individual under the influence (or related 
violation, such as operating while intoxicated), according to the legal 
standard of the jurisdiction where the crash occurred.
    7. CMV was struck by another motorist in a crash where an 
individual was under the influence (or related violation such as 
operating while intoxicated), according to the legal standard of the 
jurisdiction where the crash occurred.
    8. CMV was struck by a driver who experienced a medical issue which 
contributed to the crash.
    9. CMV was struck by a driver who admitted falling asleep or 
admitted distracted driving (e.g., cellphone, GPS, passengers, other).
    10. CMV was struck by cargo, equipment, or debris (e.g., fallen 
rock, fallen trees, unidentifiable items in the road); or crash was a 
result of an infrastructure failure.
    11. CMV was involved in a crash type that seldom occurs and does 
not meet another eligible crash type (e.g., non-motorist involved 
crashes, being struck by an airplane or skydiver or being struck by a 
deceased driver).
    The proposed revised crash types are:
    1. CMV was struck because another motorist was driving in the wrong 
direction.
    2. CMV was struck because another motorist was making a U-turn or 
illegal turn.
    3. CMV was struck because another motorist did not stop or slow in 
traffic.
    4. CMV was struck because another motorist failed to stop at a 
traffic control device.
    5. CMV was struck because another individual was under the 
influence (or related violation, such as operating while intoxicated), 
according to the legal standard of the jurisdiction where the crash 
occurred.
    6. CMV was struck because another motorist experienced a medical 
issue which contributed to the crash.
    7. CMV was struck because another motorist fell asleep.
    8. CMV was struck because another motorist was distracted (e.g., 
cellphone, GPS, passengers, other).
    9. CMV was struck by cargo, equipment, or debris (e.g., fallen 
rock, fallen trees, unidentifiable items in the road);
    10. CMV crash was a result of an infrastructure failure.
    These changes would allow more crashes to be submitted for 
consideration in the program.
    11. CMV was involved in a crash with a non-motorist.
    This change would create a separate type for these events. These 
crashes are currently the predominant type submitted in the Rare and 
Unusual crash type. This change will allow the Agency to distinguish 
these events and use the information to identify ways to reduce the 
increasing number of non-motorist crashes in alignment with the 
Department's National Roadway Safety

[[Page 22522]]

Strategy objectives of Safer People and Safer Roads.
New Crash Types
    In addition, FMCSA proposes to test the following four additional 
crash types. These crashes were submitted during the determination 
program but did not qualify for one of the current crash types. 
However, the police accident reports (PARs), especially when paired 
with other supporting documents, particularly videos, provided 
sufficient information to potentially reach a preventability 
determination.
    1. CMV was struck on the side by a motorist operating in the same 
direction. Currently, the crash type is limited to side strikes at the 
very rear of the vehicle (e.g., 5:00 and 7:00 points of impact).
    2. CMV was struck because another motorist was entering the roadway 
from a private driveway or parking lot.
    3. CMV was struck because another motorist lost control of their 
vehicle. FMCSA reviewed many PARs that included this information but 
were ineligible for the program under the current crash types.
    4. Any other type of crash involving a CMV where a video 
demonstrates the sequence of events of the crash.
    FMCSA believes that the submission of videos could allow it to 
review crashes that are not in the 21 other types.
    As a result, a full list of the eligible crash types would be:
    1. CMV was struck in the rear by a motorist.
    2. CMV was struck on the side at the rear by a motorist.
    3. CMV was struck while legally stopped at a traffic control device 
or parked, including while the vehicle was unattended.
    4. CMV was struck because another motorist was driving in the wrong 
direction.
    5. CMV was struck because another motorist was making a U-turn or 
illegal turn.
    6. CMV was struck because another motorist did not stop or slow in 
traffic.
    7. CMV was struck because another motorist failed to stop at a 
traffic control device.
    8. CMV was struck because another individual was under the 
influence (or related violation, such as operating while intoxicated), 
according to the legal standard of the jurisdiction where the crash 
occurred.
    9. CMV was struck because another motorist experienced a medical 
issue which contributed to the crash.
    10. CMV was struck because another motorist fell asleep.
    11. CMV was struck because another motorist was distracted (e.g., 
cellphone, GPS, passengers, other).
    12. CMV was struck by cargo or equipment from another vehicle, or 
debris (e.g., fallen rock, fallen trees, unidentifiable items in the 
road);
    13. CMV crash was a result of an infrastructure failure.
    14. CMV struck an animal.
    15. CMV struck an individual committing or attempting to commit 
suicide.
    16. CMV was struck on the side by a motorist operating in the same 
direction as CMV.
    17. CMV was struck because another motorist was entering the 
roadway from a private driveway or parking lot.
    18. CMV was struck because another motorist lost control of the 
vehicle.
    19. CMV was involved in a crash with a non-motorist.
    20. CMV was involved in a crash type that seldom occurs and does 
not meet another eligible crash type (e.g., being struck by an airplane 
or skydiver or being struck by a deceased driver in another vehicle).
    21. Any other type of crash where a CMV was involved and a video 
demonstrates the sequence of events of the crash.

B. Reminders on CPDP Process and System Impacts

    Since the implementation of CPDP, FMCSA has provided clarification 
and individual reminders to submitters participating in the program, as 
questions have arisen. In an effort to assist the public in better 
understanding the CPDP process and system impacts, FMCSA is providing 
the following reminders.
Preventability Standard
    The standard for making a preventability determination remains the 
same and is set forth in 49 CFR part 385, Appendix B, section II.B(e). 
The burden continues to be on the submitter to show by compelling 
evidence that the crash was not preventable. FMCSA will continue to 
display the current disclaimer on the Safety Management System (SMS) 
website and will continue to include language in its determination 
notifications to submitters explaining that a crash preventability 
determination does not assign fault or legal liability for the crash.
Process
    FMCSA will continue to make a determination of preventable if there 
is evidence that the driver or carrier could have prevented the crash 
or was prohibited from operating the CMV at the time of the crash. This 
includes OOS violations and license violations, as previously noted, 
and driver prohibitions in the Agency's Drug and Alcohol Clearinghouse.
    FMCSA will continue to rely on the Motor Carrier Management 
Information System (MCMIS) crash report to confirm that the driver was 
properly licensed at the time of the crash. If this information is 
missing from the MCMIS report or MCMIS indicates the wrong license 
class for the vehicle being operated, the Commercial Driver's License 
Information System (CDLIS) report will be used to verify the driver's 
license. Additionally, the CDLIS report is used to confirm the driver 
was not operating while suspended due to a drug or alcohol violation. 
The crash will be deemed preventable if documentation shows that the 
driver was not qualified.
    If CDLIS is used to verify the license and the driver has renewed 
the license or medical certificate since the date of the crash, 
evidence of licensing or medical certification on the date of the crash 
will continue to be requested from the submitter. Failure to provide 
any requested information will continue to preclude a not preventable 
determination and result in an undecided determination.
    As a reminder, for crashes resulting in a fatality, proper DOT 
post-accident drug and alcohol testing results or the required 
explanation of why the tests were not completed or not completed within 
the timeframes specified in Sec.  382.303(d)(1) and (d)(2), must be 
submitted. The tests must be conducted in accordance with the 
requirements of 49 CFR part 40, which requires only the use of a urine 
specimen for drug testing and either breath or saliva testing for 
alcohol. An exception for post-accident alcohol testing conducted under 
the authority of Federal, State, or local officials permits the use of 
a blood test. The crash will be deemed preventable if the drug or 
alcohol test results are positive or the driver refuses to submit to a 
test. More information about proper drug and alcohol testing procedures 
can be found at https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing-program.
    Failure to provide requested documents will preclude a not 
preventable determination and may result in an undecided determination.
Document Requirements
    FMCSA will continue to require submitters to provide the complete 
PAR to participate in the program. The submitter may also provide other 
documentation, as the burden will remain on the submitter to provide

[[Page 22523]]

compelling evidence showing that the crash was eligible and not 
preventable. Therefore, if only the PAR is submitted and it contains 
conflicting or insufficient information about the crash (i.e., the 
narrative is different than the diagram or point of impact information) 
and FMCSA cannot determine eligibility for one of the 21 crash types, 
the crash will be deemed not eligible. If the crash is found to be 
eligible, but FMCSA does not have compelling evidence to make a 
determination, FMCSA will issue an undecided determination.
    Additionally, if the submitter starts an RDR in DataQs without 
having a PAR, the submitter can save the request as a draft. Once a 
saved draft is inactive for more than 14 days and the crash is older 
than 90 days from the date of the crash, CPDP will close these 
requests. The submitter still has an opportunity to open a new RDR but 
should ensure that a PAR is uploaded with the request and confirm that 
the submission is completed.
Impacts to SMS and Pre-Employment Screening Program (PSP)
    For any of the 21 crash types noted above, FMCSA will continue to 
display the crashes in SMS with notations of not preventable, 
preventable, or undecided and will remove crashes with not preventable 
determinations from the SMS Crash Indicator BASIC calculation. FMCSA 
will also note the not preventable determinations in PSP for 5 years. 
FMCSA will continue to refrain from notating preventable or undecided 
determinations in PSP because the driver may not be aware when the 
motor carrier submits a crash that results in one of those 
determinations.
Crash Preventability Determinations During Investigations and Safety 
Audits
    It should be noted that the Crash Preventability Determination 
Program does not change FMCSA's processes for reviewing crashes during 
an investigation or safety audit. If an investigation or audit results 
in a different determination than was made through this program, FMCSA 
will review all information provided, and the determination made 
through this program may change.
Implementation of Crash Type Updates to CPDP
    In order to accommodate the needed changes to FMCSA's DataQs 
system, FMCSA expects that to have a start date for the new crash 
types. These new crash types will not be retroactive, that is, a crash 
that occurs before the start date of the new crash types will not 
become eligible for submission under the CPDP after the start date. The 
new date will be provided in the subsequent Federal Register notice or 
on the Agency's website for the program.
    For unchanged crash types and crash types with wording changes, 
DataQs will continue to allow submissions for crashes occurring on or 
after August 1, 2019, up to 5 years from the date of the crash. For 
example, a crash from 2020 where a CMV was struck because another 
motorist failed to stop at a traffic control device may be submitted 
after the DataQs changes are implemented.
    In addition, RDRs submitted but not yet receiving a determination 
in crash types with wording changes will be converted into the new 
types by FMCSA during the DataQs programming.
    The DataQs changes may require the system to be temporarily 
unavailable to accept new RDRs. System information will be conveyed on 
the program's website and on DataQs.

IV. Comments Sought

    FMCSA seeks comments generally on the proposals described above. 
However, FMCSA has been advised that obtaining PARs from some States, 
specifically Oregon, is more complex. FMCSA also seeks information on 
any other State that generally does not provide a PAR and requests 
comments on what alternative official document or combination of 
documents the submitter could provide as a substitute for the required 
PAR.
    Once comments are reviewed, and any needed program changes are 
made, the Agency will respond to comments received to this notice and 
announce the start of the updated program in the Federal Register.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-07818 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-EX-P


