[4910-EX-P]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0003]
Safety Fitness Determinations; Virtual Public Listening Sessions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of
Transportation (DOT).
ACTION: Notice of virtual public listening sessions.
SUMMARY: FMCSA announces that it will host two virtual public listening sessions
pertaining to development of an updated methodology to determine when a motor carrier
is not fit to operate commercial motor vehicles in or affecting interstate commerce.
Specifically, the Agency would like to hear from members of the public on issues of
concern relating to the current Safety Fitness Determination (SFD), including, for
example, the three-tiered rating system (Satisfactory, Unsatisfactory, Conditional) versus
changing to a proposed single rating only when a carrier is found to be Unfit; utilizing
inspection data and FMCSA’s Safety Measurement System (SMS); incorporating driver
behavior into SFD ratings; and revising the list of safety violations used to calculate the
rating, and adjusting the weights allocated to particular violations including increasing
the weight for unsafe driving violations. In a separate notice, FMCSA announced and
provided registration information for a related in-person listening session on the same
topics to be held in June 2024.
DATES: The first virtual public listening session will be held on Tuesday, June 25, 2024,
from 2:00 p.m. to 3:30 p.m. ET. A copy of the agenda will be available in advance of the
session at https://events.gcc.teams.microsoft.com/event/24fb5978-6282-4bc0-9edf606db60155aa@c4cd245b-44f0-4395-a1aa-3848d258f78b.

The second virtual public listening session will be held on Wednesday, July 31,
2024, from 2:00 p.m. to 3:30 p.m. ET. A copy of the agenda will be available in advance
of the session at https://events.gcc.teams.microsoft.com/event/6d8b1246-2138-4ba9821c-e926441fd2e1@c4cd245b-44f0-4395-a1aa-3848d258f78b.
Either session may end early if all participants wishing to express their views
have done so.
Public Comment: The virtual sessions will allow members of the public to make
brief statements to the panel. FMCSA will also accept written comments to the docket
through August 7, 2024.
ADDRESSES: Both sessions will be held virtually. The link will be sent to participants
after they register, which may be done at any time.
•

Registration for the June 25, 2024, session must be completed at

https://events.gcc.teams.microsoft.com/event/24fb5978-6282-4bc0-9edf606db60155aa@c4cd245b-44f0-4395-a1aa-3848d258f78b.
•

Registration for the July 31, 2024, session must be completed at

https://events.gcc.teams.microsoft.com/event/6d8b1246-2138-4ba9-821ce926441fd2e1@c4cd245b-44f0-4395-a1aa-3848d258f78b.
FOR FURTHER INFORMATION CONTACT: Stacy Ropp, (609) 661-2062,
SafetyFitnessDetermination@dot.gov.
Services for Individuals with Disabilities: FMCSA is committed to providing
equal access to the listening session. For accommodations for persons with disabilities,
please email FMCSA.OUTREACH@dot.gov at least 1 week in advance of the session
you wish to attend to allow time to make appropriate arrangements.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments

FMCSA encourages participation in the sessions and providing of comments.
Members of the public may submit written comments to the public docket using any of
the following methods:
A. Submitting Comments
If you submit a comment, please include the docket number for this notice
(FMCSA-2022-0003). You may submit your comments and material online or by mail or
hand delivery, but please use only one of these methods. FMCSA recommends that you
include your name, email address, or a phone number in the body of your document.
To submit your comment online, go to www.regulations.gov. Insert the docket
number (FMCSA-2022-0003) in the keyword box and click “Search.” Choose the
document you want to comment on and click the “Comment” button. Follow the online
instructions for submitting comments.
FMCSA will consider all comments and materials received during the comment
period for this notice, as described in the DATES section.
B. Viewing Comments and Documents
To view comments, go to www.regulations.gov and insert the docket number
(FMCSA-2022-0003) in the keyword box and click “Search.” Choose this notice and
click “Browse Comments.” If you have questions on viewing or submitting material to
the docket, contact Dockets Operations at (202) 366-9826. Business hours are from 8:00
a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays. You may also
submit or view docket entries in person or by mail: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 205900001. To be sure someone is there to help you, please call (202) 366-9317 or (202) 3669826 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 rulemaking 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 FDMS), which can be reviewed at
https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.
The comments are posted without edits and are searchable by the name of the submitter.
II. Background
FMCSA believes it is in the public interest to host two virtual public listening
sessions to receive additional comments on possible updates to the Agency’s SFD
methodology and process. Accordingly, FMCSA is announcing these virtual listening
sessions, being held on June 25 and July 31, 2024. FMCSA has also published another
notice formally announcing, and providing separate registration information for, a related
in-person listening session on the same topics to be held in Houston, TX in June 2024
(89 FR 48703, June 7, 2024).
FMCSA is currently contemplating changes to its SFD process. To that end, the
Agency published an ANPRM soliciting public input on the potential use of the SMS
methodology to issue SFDs (88 FR 59489, Aug. 29, 2023). These virtual public listening
sessions are intended to gain additional feedback on issues of concern relating to the
current SFD, including, for example:
•

Continuing the current SFD three-tiered rating system (Satisfactory,
Unsatisfactory, Conditional) versus changing to a proposed single rating,
issued only when a carrier is found to be Unfit;

•

Utilizing inspection data and FMCSA’s SMS;

•

Incorporating driver behavior into SFD ratings; and

•

Revising the list of safety violations used to calculate the rating, and
adjusting the weights allocated to particular violations, including
increasing the weight for 49 CFR 392.2 (unsafe driving) violations.

III. Meeting Participation
The virtual listening sessions are open to the public. Speakers’ remarks will be
limited to 3 minutes each.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-13500 Filed: 6/18/2024 8:45 am; Publication Date: 6/20/2024]