FY 2024 MCSAP Planning Memo 05-17-23.pdf

MEMORANDUM

Subject: Development of Fiscal Year 2024 Commercial Vehicle Safety Plans to Support National Safety

Goals

From:

Darrell L. Ruban Associate Administrator for Safety

Date: May 17, 2023

To: MCSAP Lead Agencies, Regional Field Administrators, Field Administrators, Division Administrators, State Program Managers, and State Program Specialists

Reply to Attn. of:

MC-S

Introduction

This memo provides important information for use by Motor Carrier Safety Assistance Program (MCSAP) Lead Agencies in the preparation of their Fiscal Year (FY) 2024 MCSAP grant applications.

Applications include submitting standard Federal grant forms through the Grants.gov website and the Commercial Vehicle Safety Plans (CVSPs) through the online eCVSP tool. Applicants are encouraged to read the entire document carefully, as it contains information critical to completing the application process and the safety activities that should be reflected in the CVSPs.

Background

The goal of the Federal Motor Carrier Safety Administration’s (FMCSA’s) MCSAP, as provided in statute, is to ensure that the Secretary of Transportation, States, and U.S. Territories work in partnership to establish and maintain programs that improve motor carrier, commercial motor vehicle (CMV), and driver safety;

and support an efficient surface transportation system by:

1. Making targeted investments to promote safe CMV transportation, including the transportation of passengers and hazardous materials;

2. Investing in activities likely to generate maximum reductions in the number and severity of CMV crashes and in fatalities resulting from such crashes;

3. Adopting and enforcing effective and compatible (as defined in 49 CFR § 350.105) motor carrier, CMV, and driver safety laws, regulations, standards, and orders; and

4. Assessing and improving Statewide performance of motor carrier, CMV, and driver safety by setting program goals and meeting performance standards, measures, and benchmarks (as defined in 49 CFR § 350.201(b).

MCSAP is governed by 49 U.S.C. §§ 31102 and 31104, as amended by the Infrastructure Investment and

Jobs Act (IIJA), Pub. L. No. 117-58 (2021) (IIJA) § 23001(b), and 49 CFR part 350. The term “State” for the purposes of MCSAP, defined in 49 U.S.C. § 31101(4) and 49 CFR § 350.105, includes a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands.

MCSAP Funding Levels

The MCSAP funding for FY 2024 will be allocated per the funding formula as prescribed within the Fixing America's Surface Transportation (FAST) Act, Pub. L. 114-94 (2015), section 5106(d)(1), and outlined within 49 CFR § 350.217. For FY 2024 planning purposes, FMCSA assumes the full authorized amount under contract authority and supplemental funds in IIJA, also known as the Bipartisan Infrastructure Law (BIL), after accounting for 1.5 percent administrative takedown which equals to an estimated $479,202,500 in the formula calculation.

Accordingly, estimated MCSAP funding levels for each State have been provided in the eCVSP tool, for use when completing estimated budgets. Estimated funding totals can also be found in Appendix A.

Please note that States are required to meet all eligibility and program requirements outlined in 49 U.S.C. § 31102 and 49 CFR part 350 to receive MCSAP funds.

CONTENTS

Introduction

Background

MCSAP Funding Levels

Planning for FY 2024: Unprecedented Funding Continues to Drive Transformative Change

FY 2024 MCSAP Program Information and Emphasis Areas

NATIONAL SAFETY EMPHASIS – Implement the National Roadway Safety Strategy

NATIONAL SAFETY EMPHASIS – Reduce Fatal CMV Crashes

a. Crash Causation Factors Program (CCFP)

1. Driver and Vehicle Inspections and Safety Impact

a. Work Zone Safety | EMPHASIS AREA

b. Human Trafficking | EMPHASIS AREA

c. Drug Interdiction

d. Enforcement of Out-of-Service Orders

e. Passenger Carrier Safety

f. Electronic Logging Devices

2. Traffic Enforcement

a. Work Zone Safety | EMPHASIS AREA

3. New Entrant Safety Audits and Motor Carrier Investigations

a. New Entrant Safety Audits

b. Motor Carrier Investigations

4. Hazardous Materials Safety

a. Driver and Vehicle Inspections

b. Traffic Enforcement

c. Compliance Review/Investigation

d. Hazardous Materials Safety Permits (HMSP)

e. Undeclared Hazardous Materials

f. Concentration on Hazardous Materials Motor Carriers in Intrastate Operations Having High HM Out-of-Service Rates and/or Crash BASIC in Alert Status

g. Cargo Tank Facility Reviews (CTFR)

h. Working with the States to Improve HM Safety

5. CMV Safety Programs Focusing on International Commerce in Border States

a. Motorcoach Inspections

b. Enforcement Activities

c. CMV Safety Inspections

6. Performance and Registration Information Systems Management (PRISM) and “Level-Up” Initiative |

EMPHASIS AREA

7. Innovative Technology Deployment (ITD)

8. Data Collection and Quality

9. Public Education and Awareness

10. Additional Federal Initiatives to Highlight in Your CVSP as Applicable

a. Equitable Enforcement Practices

b. Climate and Sustainability

c. Rural Transportation Networks

d. Truck Parking

State Training Plans

Title VI Assessments

FY 2024 Application and eCVSP Information

Grant Reporting and Other Requirements

Contacts and Resources

Appendix A: Estimated FY 2024 MCSAP Funding Table

Appendix B: MCSAP Grant Required Documents Checklist

Planning for FY 2024: Unprecedented Funding Continues to Drive Transformative Change

The BIL is a once-in-a-generation investment in our infrastructure and safety programs. It promotes investments and partnerships that enable technologies, data systems, research, and workforce development and expansion to directly impact the safety of people using our transportation systems. It contains more than $3.2 billion in FMCSA grant funding over 5 years, providing opportunities for FMCSA and our State partners to develop and implement transformative changes to achieve the U.S. Department of Transportation’s (USDOT) safety goal of zero fatalities on the Nation’s roadways.

MCSAP lead agencies will be able to grow existing programs and develop new ones aimed at preventing and reducing CMV-related crashes and fatalities. With these additional resources come both an opportunity and an obligation to ensure that FMCSA and the States are doing everything we can to improve roadway safety, and to implement the national transportation safety strategies that galvanize these critical efforts.

Additionally, the Office of Management and Budget issued guidance on April 29, 2022, in support of Executive Order 14052, directing all executive branch agencies to focus on effective stewardship of Federal dollars and ensuring that grant recipients are using measurable outcomes to track how their efforts are benefiting the American people.

While the additional funding provided by BIL creates unprecedented opportunities for the States, FMCSA is aware that it also presents challenges, as States may struggle to grow their safety programs at a rate commensurate with their increased funding. To better understand these challenges, and to work collectively in finding solutions, FMCSA requests the States include both the opportunities and the challenges they identify in their MCSAP BIL implementation via the MCSAP Structure section of the eCVSP, and any other section where it is applicable.

FY 2024 MCSAP Program Information and Emphasis Areas

All CVSP submissions will continue to be considered based on the MCSAP national program elements established in 49 CFR § 350.203 and listed below.

MCSAP National Program Elements

• Driver inspections;

• Vehicle inspections;

• Traffic enforcement;

• Investigations;

• New entrant safety audits;

• CMV safety programs focusing on international commerce in border States;

• Full participation in Performance and Registration Information Systems Management (PRISM) or an acceptable alternative as determined by the FMCSA Administrator;

• Accurate, complete, timely, and corrected data;

• Public education and awareness; and

• Other elements as prescribed by the FMCSA Administrator.

Additional information on the MCSAP emphasis areas relevant to completion of the FY 2024 CVSPs may be found below. Please note that States are required to meet all eligibility and program requirements outlined in 49 U.S.C. § 31102 and 49 CFR part 350 to receive MCSAP funds.

NATIONAL SAFETY EMPHASIS – Implement the National Roadway Safety Strategy

The DOT’s National Roadway Safety Strategy (NRSS) outlines the Department’s comprehensive plan for collaborating with stakeholders across the country to significantly reduce injuries and deaths on America’s roadways using a safe systems approach. This approach lowers risks by building in multiple layers of protection: safer roads, safer people, safer vehicles, safer speeds, and better post-crash care.

The NRSS is the first step in working toward an ambitious long-term goal of reaching zero roadway fatalities. Through the effective implementation of the MCSAP elements established in 49 CFR part 350, MCSAP lead agencies play a critical role in the success of the NRSS and should use the NRSS and the 2022- 2026 DOT Strategic Plan as a resource to align grant funded activities with the safety focuses of the Department and FMCSA.

The NRSS may be found at: https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT- National-Roadway-Safety-Strategy.pdf

The DOT Strategic Plan may be found at: https://www.transportation.gov/mission/us-dot-strategic-plan-fy-2022-2026

NATIONAL SAFETY EMPHASIS – Reduce Fatal CMV Crashes

Crashes involving CMVs continue to be one of the most serious safety challenges. While the number of fatal crashes involving trucks in excess of 26,000 lbs. dropped slightly (down 2 percent), fatal crashes involving trucks weighing between 10,001 and 14,000 lbs. increased by 44 percent.

In support of the Agency’s mission and the intent of MCSAP, reducing the number of CMV fatal crashes (particularly those involving vehicles in excess of 10,000 lbs. engaged in interstate commerce) is one of FMCSA’s highest priorities and a national emphasis area for FY 2024.

For FY 2024, States included in the top 10 fatal crash list below must clearly indicate in the CVSP what they are doing to reduce fatal crashes, including identifying high crash corridors, establishing actionable goals, National Safety Emphasis – Implement the NRSS

The safe systems approach identified in the NRSS directly supports the overall objective of MCSAP to reduce CMV-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs.

TAKE ACTION:

• The NRSS should be used as a resource for developing CVSPs. The priorities identified for FMCSA in the NRSS should be reflected in proposed MCSAP activities.

https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf https://www.transportation.gov/mission/us-dot-strategic-plan-fy-2022-2026 https://www.transportation.gov/mission/us-dot-strategic-plan-fy-2022-2026 and outlining plans to monitor and update those goals as necessary.

Top 10 States having Fatal Crashes Involving a Large Truck and/or Bus

State 2018 2019 2020 2021 2022 % Change from 2021-2022

Texas 656 653 606 724 674 -6.90% California 391 428 437 468 361 -22.90% Florida 305 334 336 316 273 -13.60% Illinois 142 141 156 149 201 34.90%

Georgia 177 185 220 199 165 -17.10% Pennsylvania 144 135 133 155 165 6.50% Tennessee 126 147 169 188 160 -14.90% Indiana 121 129 144 145 153 5.50% North Carolina 157 151 146 141 150 6.40% Ohio 161 145 124 168 135 -19.60%

Top 10 States 2,380 2,448 2,471 2,653 2,437 -8.1% Total for all States + DC 4,671 4,788 4,645 5,000 4,595 -8.1% Source: FMCSA Motor Carrier Management Information System (MCMIS) data snapshot as of 02/24/2023, including crash records through 12/31/2022.

FMCSA is encouraging all MCSAP participants to review their jurisdiction’s crash statistics and engage in high-visibility efforts to combat the large number of CMV crashes and fatalities. MCSAP lead agencies should partner with other State, local safety departments, and educational research institutions where appropriate, to address CMV crashes. If the MCSAP lead agency is engaging in partnership efforts with other State, local agencies, or educational research institutions please ensure this is accurately reflected within your CVSP.

a. Crash Causation Factors Program (CCFP)

In response to IIJA/BIL requirements, the Crash Causal Factors Program (CCFP) is being established to carry out a comprehensive study to determine the causes of, and contributing factors to, crashes that involve a commercial motor vehicle. The CCFP is an evolutionary safety initiative moving from a crashworthiness to crash avoidance focus. Current data collections tend to be focused on the survivability of crashes, but the CCFP will provide critical insights into causal factors contributing to these crashes thereby enabling identification and development of appropriate countermeasures to reduce the occurrence of CMV crashes. While FMCSA is currently merging and analyzing available datasets (e.g., from the National Highway Traffic Safety Administration, Federal Highway Administration (FHWA), FMCSA) to gain a more complete picture of crashes, no existing dataset adequately captures all important causal factors. The upcoming CCFP will fill this gap, allowing FMCSA to identify the key factors that contribute to CMV crashes.

Given the advances already made in crashworthiness and the mass of the vehicles involved in these types of crashes, a better understanding of the pre-crash factors involving large trucks will be extremely beneficial in identifying lifesaving technologies and behavioral countermeasures.

Information gathered by a new CCFP will be used to:

1. Identify, develop, and deploy countermeasures to prevent large truck crashes from occurring;

2. Understand the potential role of new automation and fleet technologies; and

3. Drive rulemaking activities.

The CCFP will leverage existing State and local jurisdiction data collection efforts and strengthen partnerships with external stakeholders such as the Commercial Vehicle Safety Alliance (CVSA).

These partnerships will help FMCSA and the States further technology transfer; modernize existing systems, investigations, and enforcement processes; standardize data collection forms; and build upon best practices to improve and advance State and local jurisdiction CMV crash data collection efforts.

Through the CCFP, FMCSA will execute a multiphase study of CMV crash causal factors, with Phase 1 focused on fatal crashes involving Class 7/8 large trucks from a statistically representative sample of crashes in selected States. This Phase 1 effort is referred to as the Large Truck Crash Causal Factors Study (LTCCFS). Future phases of the study will focus on different CMV populations (such as medium-duty trucks) or crash severities (e.g., serious or moderate injury crashes).

As the CCFP further develops, MCSAP recipients are encouraged to consider participating in its program and data collection efforts. Planned activities could include crash data collection, post-crash inspections, post-crash investigations, and/or reconstruction analysis. In addition to data collection, funding could be utilized to transfer and/or import the requisite data to the FMCSA systems currently in development. Equipment needed for this activity may be purchased subject to cost principles as defined in CFR part 200, subpart E.

1. Driver and Vehicle Inspections and Safety Impact

Inspections of CMVs remain a core component of MCSAP and provide invaluable data on motor carrier and driver safety performance. While the number of inspections has generally remained consistent, the number of crashes and fatalities has remained high.

Specific areas of enforcement within driver and vehicle inspections include:

National Safety Emphasis – Reduce Fatal CMV Crashes

TAKE ACTION:

For FY 2024, FMCSA challenges State lead agencies to:

• Review crash statistics and engage in high-visibility efforts to combat the large number of CMV crashes and fatalities.

• States, particularly those included in the top 10 fatal crash list must clearly indicate in the CVSP what they are doing to reduce fatal crashes.

a. Work Zone Safety | EMPHASIS AREA

Roadway work zones continue to play a part in the rate of CMV crashes. MCSAP lead agencies are strongly encouraged to include and identify in their CVSPs activities that are being conducted to address areas of high crash occurrence. In regions where inspections are performed in or near areas of highway/roadway construction, States should identify and measure the crash reduction objective/goal for those efforts.

b. Human Trafficking | EMPHASIS AREA

Inspections provide an opportunity to directly engage in critical areas of public safety including human trafficking, and human smuggling. The Department of Transportation has for several years actively campaigned to increase awareness of human trafficking and encourage its grant recipients to use funding to address this issue.

MCSAP leads should actively coordinate with other enforcement agencies’ and stakeholders’ efforts to combat human trafficking and human smuggling, as allowed under MCSAP participation requirements. States are reminded that these efforts are MCSAP-eligible as long as they are paired with an appropriate North American Standard inspection. MCSAP lead agencies should specifically identify any planned activities that are associated with these efforts in their

CVSP.

For more information on DOT’s efforts relating to human trafficking, please visit:

https://www.transportation.gov/stophumantrafficking

c. Drug Interdiction

FMCSA’s Drug Interdiction Assistance Program (DIAP) assists law enforcement officials in detecting and apprehending transporters and/or users of illicit drugs involving a commercial motor vehicle (CMV). The program focuses on the development and distribution of criminal interdiction techniques to rapidly identify in-transit CMVs and drivers engaged in criminal activity.

MCSAP leads should actively coordinate with other enforcement agencies’ and stakeholders’ efforts for drug interdiction, as allowed under MCSAP participation requirements.

d. Enforcement of Out-of-Service Orders

Carriers that knowingly operate in violation of an out-of-service (OOS) order are ignoring safety regulations and consciously disregarding the law. Specifically, the importance of immobilizing carriers that are OOS due to a declaration of Imminent Hazard or determined to be Unsatisfactory/Unfit to operate cannot be overstated. These carriers pose an immediate danger to the safety of the traveling public.

The table below summarizes national performance metrics for the detection of OOS carriers during roadside inspections for the period of FYs 2020 through 2023 (YTD). FY 2023 YTD includes data from October 01, 2022, through December 31, 2022.

https://www.transportation.gov/stophumantrafficking

Data Source: FMCSA Motor Carrier Management Information System (MCMIS) and the Safety and Fitness Electronic Records (SAFER) as of 02/24/2023. The data presented above are accurate as of this date but are subject to update as new or additional information may be reported to MCMIS following this date. *FY 2023 YTD includes data from October 01, 2022, through January 31, 2023.

For FY 2024, FMCSA requires all States to strengthen their ability to identify and immobilize OOS carriers during enforcement activities. Checking a carrier’s USDOT number or other identifiable information to verify operational status is a critical component of all enforcement activities and is required by 49 CFR § 350.207(a)(27) relating to the identification and immobilization of carriers operating under an OOS order.

FMCSA requires that States properly identify carriers operating in violation of a Federal OOS order and place the vehicle out of service. The goal is that at least 85 percent of OOS carriers that continue to operate with an Imminent Hazard and/or Unsatisfactory/Unfit order are identified and placed out of operation.

States that do not meet the 85 percent Imminent Hazard and/or Unsatisfactory/Unfit identification rate for OOS carriers inspected in FY 2022 must explain in the CVSP how they have: (1) implemented or will implement policies, (2) utilize appropriate technology to better identify OOS carriers, and (3) conduct quality assurance oversight to ensure that inspectors are using proper procedures to identify these high-risk carriers and preventing them from continued operations.

Each State can obtain a report indicating its Imminent Hazard and Unsatisfactory/Unfit out of service order identification rate. The report can be found on the Analysis and Information (A&I) Online website, under the Grants drop-down area and then selecting Activity Dashboard. This report will be the basis for a State’s planning in this national priority area.

e. Passenger Carrier Safety

Passenger carrier CMV safety and enforcement remains a major FMCSA safety focus. The transportation of passengers inherently carries with it an increased risk of multiple injuries.

More information regarding the requirements for inspections of passenger carrying CMVs can be found in the MCSAP Comprehensive Policy (MCP) section 5.3.7 “State Conducted Inspections of Passenger Carrying CMVs.”

i. Migrant Worker Transportation in Rural Areas | EMPHASIS AREA

FMCSA requests that, where safety performance data indicates a need, special emphasis be placed on the development and implementation of a targeted enforcement plan that incorporates recurring roadside enforcement in high-density agricultural regions (during peak harvest seasons) for the purpose of improving the safe transportation of seasonal and migrant agricultural workers.

Please refer to 49 CFR part 398 for definitions relating to migrant worker classifications and requirements regarding the transportation of these individuals. States that have identified safety concerns regarding the transportation of seasonal and migrant farm workers are encouraged to work closely with their FMCSA Division Office and local offices of the U.S.

Department of Labor to institute an effective safety intervention effort.

f. Electronic Logging Devices

The Electronic Logging Device (ELD) Final Rule, published on December 16, 2015, creates a safer work environment for drivers and makes it more efficient for motor carriers to accurately track, manage, and review a driver’s hours of service (HOS) data. To meet roadside electronic data reporting requirements, an ELD must support one of two options for data transfer:

1. Telematics, which must electronically transfer data to an authorized safety official on demand via wireless Web services and email; or

2. Local transfer method-type ELD that electronically transfers data to an authorized safety official on demand via USB 2.0 and Bluetooth.

To effectively execute the ELD Final Rule, States have the option of choosing a minimum of one “telematics” electronic data transfer method (e.g., Web services) and one “local” electronic data transfer method (e.g., USB2.0).

FMCSA encourages officers and civilian safety personnel to use the electronic record of duty status (eRODS) software during inspections on subject drivers when an ELD is present. The use of Web services and successful data transfers is critical to safety and the efficient enforcement of HOS regulations.

For more details on ELD compliance, please visit the FMCSA ELD web page at:

https://eld.fmcsa.dot.gov/.

https://eld.fmcsa.dot.gov/

Safety Emphasis – Driver and Vehicle Inspections and Safety Impact (NRSS Objectives: Safer People/Safer Vehicles/Safer Roads)

Inspections play a critical role in addressing driver, vehicle, and public safety. Lead agencies need to maintain an effective and balanced inspection program as part of their MCSAP activities.

TAKE ACTION:

For FY 2024, FMCSA challenges State lead agencies to:

• Produce a plan to reduce the number of serious CMV crashes, especially those in and around work zones, by 15 percent.

• Establish routine strike forces or other appropriate enforcement tactics to address human trafficking, human smuggling, and drug interdiction in conjunction with CMV inspections.

• Provide necessary refresher training to MCSAP personnel on human trafficking.

• Provide necessary refresher training to MCSAP personnel on drug interdiction detection.

• Create targeted outreach and education campaigns promoting work zone safety.

• Produce a plan on how to advise the general public on ways to report suspected incidents of human trafficking/smuggling involving commercial vehicles.

• Identify and place out of operation at least 85 percent of OOS carriers operating after an Imminent Hazard and/or Unsatisfactory/Unfit order.

2. Traffic Enforcement

Many preventable crashes result from illegal or unsafe driver behaviors, such as speeding, distracted driving, driving under the influence of drugs or alcohol, or following too closely. State inspection programs and highly visible traffic enforcement activities, especially in areas identified as high-risk crash corridors, have proven to deter such drivers.

Traffic enforcement activities may encompass CMVs (including vehicles operating in foreign commerce) and/or non-CMVs, and are eligible under the MCSAP grant, if approved in the applicable grant agreement. Activities may include:

• CMV traffic enforcement associated with an inspection;

• CMV traffic enforcement without an accompanying inspection resulting from an observed unsafe driver behavior; and

• Non-CMV traffic enforcement to promote the safe operation in and around CMVs.

To be eligible for reimbursement of non-CMV traffic enforcement activities, the State must maintain the number of motor carrier safety activities at a level at least equal to the average level of such activities in FYs 2014 and 2015 (not to be confused with a State’s Maintenance of Effort requirement). FMCSA has calculated these activities by utilizing the volume of CMV safety inspections (including border inspections), new entrant safety audits, and carrier investigations conducted during this period. This information will be included in the eCVSP tool.

As required under 49 U.S.C. § 31102(h), documented and reported traffic enforcement of non-CMVs operating unsafely around CMVs is subject to the 10 percent statutory limit of MCSAP formula funding, unless otherwise justified and approved. States that wish to spend more than 10 percent of their MCSAP funding on non-CMV traffic enforcement must provide additional justification to support this request within their CVSP for review and approval by FMCSA.

Please note that while there is a 10 percent funding limit on traffic enforcement of non-CMVs operating unsafely around CMVs absent an approved exception, we note that there is no statutory funding limitation on CMV traffic enforcement.

As a reminder, States must provide specific data in their quarterly performance reports detailing traffic enforcement activities not associated with a CMV inspection. This allows FMCSA to strengthen traffic enforcement programs nationwide and enables better tracking of grant fund expenditures, as well as more accurate and efficient reporting to Congress on traffic enforcement activities. Please refer to the MCP, section 5, for details on reporting requirements.

Consistent with the NRSS objectives of safer people, safer vehicles, and safer speeds, MCSAP lead agencies are strongly encouraged to outline, in the traffic enforcement section of their CVSP, how they will use data to tailor strategies to address driver behavior. The most recent national data indicates that the overall roadside “catch rate” for drivers prohibited from operating under FMCSA’s Drug and Alcohol Clearinghouse (DACH) regulations is slightly over 60 percent. The average catch rate for motor carriers operating in violation of an OOS order is around 80 percent. Traffic enforcement efforts are an effective means to identify and remove these drivers from operation.

Within the traffic enforcement section of the CVSP, MCSAP leads will continue to identify the forms of traffic enforcement they will be implementing (CMV with inspection, CMV without inspection, etc.), as well as describe the efforts they will take to address driver behaviors relating to:

• Excessive speed

• Work zone safety

• Impaired driving

• Distracted driving – cell phone usage and texting

• Occupant/driver restraint

• Driver fatigue

• Prohibited operation – DACH and Federal OOS violations

• Other areas, including days and times, as identified by the State

Lead agencies should also identify in their CVSP how these efforts have changed, compared to previous years, with the increased funding provided via the BIL.

a. Work Zone Safety | EMPHASIS AREA

CMV crashes in construction work zones are a major safety focus for FMCSA. The narrow lanes, shifting traffic patterns, sudden stops, and other factors present in these areas pose special challenges to large trucks and buses. Large trucks and buses continue to be overrepresented in fatal and serious injury crashes in roadway construction and work zones. According to NHTSA crash statistics, more than 26 percent of work zone fatal crashes involved at least one large truck.

Source: National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System [FARS]

FMCSA strongly encourages States to place special emphasis on work zone crashes by targeting CMVs, and non-CMV traffic in the immediate vicinity of CMVs, operating in an unsafe manner.

These activities should incorporate appropriate enforcement efforts within work zones and the congested areas immediately before and after these areas. States should clearly identify the locations of such activities in their CVSP and include updates on efforts and progress in quarterly reports. Note that the above limitations on non-CMV traffic enforcement still apply.

3. New Entrant Safety Audits and Motor Carrier Investigations

a. New Entrant Safety Audits

New motor carriers seeking to operate in interstate commerce are subject to a new entrant safety audit as defined under 49 CFR part 385, subpart D. FMCSA continues to experience record numbers of new motor carrier registrations. These audits provide educational and technical assistance on safety and the operational requirements of the Federal Motor Carrier Safety Regulations (FMCSRs) and Federal Hazardous Materials Regulations (HMRs), as applicable. In addition, these safety audits gather critical safety data needed to assess the carrier's safety performance and basic safety management controls.

New entrant safety audits may be conducted using various methods, which include but are not limited to:

• The new entrant’s principal place of business;

• An agreed upon location;

• Group safety audits; and

• Offsite, provided that program requirements are met.

As a requirement for participation in MCSAP, States must have a new entrant safety audit program that allows them to meet the requirements for completion of safety audits and to address and prevent overdue audits. Intrastate new entrant safety audits are an eligible MCSAP expense at the State’s discretion; however, States must prioritize interstate new entrant inventory to prevent overdue interstate safety audits. The optional intrastate safety audit program must not have a detrimental impact on the MCSAP-required interstate safety audit program.

Safety Emphasis – Traffic Enforcement (NRSS Objectives: Safer People & Safer Vehicles)

Traffic enforcement efforts impact the safe operation of CMVs, as well as compliance with core safety programs for both motor carriers and drivers. MCSAP lead agencies should detail in the CVSPs how they will tackle the actions below.

TAKE ACTION:

For FY 2024, FMCSA challenges State lead agencies to:

• Increase CMV traffic enforcement efforts combined with an inspection by at least 10 percent.

• Increase the percentage of DACH prohibited drivers identified at roadside by 15 percent (national goal of 85 percent detection by FY 2025).

• Increase the percentage of OOS carriers identified and detained by 10 percent.

• Increase the use of high visibility traffic enforcement to reduce crashes in high-crash corridors.

Territories, including Puerto Rico, are exempt from the new entrant safety audit requirements.

A State may authorize a third party, by sub-award or contract, to conduct safety audits on its behalf provided the State verifies and oversees the quality of the work conducted. The State will remain solely responsible for the management and oversight of all New Entrant Program activities.

All MCSAP recipients are currently required to have a robust interstate new entrant safety audit program, in order to receive MCSAP funds. Despite this requirement, the backlog of new entrant carriers awaiting safety audits has increased dramatically over the past two years. New entrant carriers continue to be overrepresented in crashes and have higher crash rates overall if one or more of the Behavior Analysis and Safety Improvement Categories (BASICs) are high.

In addition to safety-based interventions at the carrier level, new entrant audits provide an opportunity for States to identify potential issues with CMV operators, such as incomplete/improper hours of service compliance, proper licensure, and operational status via the DACH.

MCSAP lead agencies should continue to ensure that adequate resources are being allocated for interstate new entrant safety audits. FMCSA will assess the degree of resources allocated for this task, in comparison to the State’s new entrant and new entrant overdue inventory when reviewing the CVSP.

b. Motor Carrier Investigations

Investigations are on- or off-site examinations of a motor carrier’s operation to determine whether it is compliant with the FMCSRs (or State laws and regulations compatible with the FMCSRs) and the Federal HMRs. An investigation may be initiated based on compliance issues with the company’s safety management controls, complaints, and/or in instances where a carrier poses an imminent threat to public safety.

Eligible investigation activities include the examination of a motor carrier’s transportation and safety records, training requirements, controlled substance and alcohol program, commercial driver’s license (CDL) records, financial responsibility (insurance), HOS, and inspection and maintenance programs.

In addition to new entrant audits, MCSAP lead agencies are strongly encouraged to utilize grant funding to increase the number of carrier investigations conducted within their jurisdiction.

While several MCSAP participants engage in interstate and/or intrastate investigations, a large number of risk-based carriers in need of intervention, continue to be identified each year.

FMCSA has identified approximately 68,000 carriers (including new entrants) classified under its risk-based criteria as potential investigation targets. The most recent Safety Measurement System (SMS) effectiveness report provided critical information emphasizing the high crash risk posed by these carriers. For example, the group of carriers that SMS identified in just the “Risk 1” category had a crash rate that was 65 percent higher than the group of carriers not identified for intervention. Please see the table below for additional information on the high crash threat posed by these carriers.

Prioritized Carrier Risk Category and Crash Rates

Prioritized Carrier Risk Category

Highest Risk Category for Prioritized Carriers Over

Past 12 Months*

Crash Rate (Crashes per 100 PUs) for 24

Months

Percent Increase in Crash Rate

Compared to National

Average (4.99)** (Jul. 2021 – Jun. 2022) (Jul. 2020 – Jun. 2022)

High-Risk 3,359 16.58 232%

Moderate Risk (ALL) 13,610 10.95 119%

Moderate-Risk 1 2,561 13.11 163%

Moderate Risk 2 11,049 10.17 104%

Risk (ALL) 50,703 6.75 35%

Risk 1 39,349 7.67 54%

Risk 2 1,518 3.56 -29%

Risk 3 9,836 4.27 -14%

*Carriers were counted once based on the highest risk category they achieved during this 12-month period.

**The national crash rate over the two-year period of July 2020 – June 2022 is 4.99.

Data Source: For Prioritized Carriers: Motor Carrier Management Information System (MCMIS) snapshots: July 2021 through June 2022; Crashes: MCMIS snapshot September 2022.

For investigations, lead agencies are strongly encouraged to dedicate resources to address risk-based carrier compliance reviews/investigations within their FY 2024 CVSP. This includes utilizing MCSAP funds to increase the number of trained and certified investigation personnel.

Safety Emphasis – New Entrant Audits & Carrier Investigations (NRSS Objectives: Safer People/Safer Vehicles)

Expanding the number of new entrant safety audits and carrier investigations reduces the number of unsafe carriers and drivers operating on the Nation’s roadways.

TAKE ACTION:

For FY 2024, FMCSA challenges State lead agencies to:

• Increase the number of new entrant carriers audited by 15 percent to aid in the removal of high-risk companies from operation.

• Reduce the number of overdue new entrant audits within their jurisdiction by 20 percent.

• Increase the number of interstate carrier investigations by 20 percent.

• Dedicate, or expand, the number of State personnel conducting investigations.

4. Hazardous Materials Safety

According to the latest statistics from the Pipeline and Hazardous Materials Safety Administration (PHMSA), there are over 1.2 million hazardous materials (HM) shipments introduced into transportation every day, which translates into 1.6 billion tons of HM transported annually across all modes. With the volume of HM moved, and over 146,000 HM motor carriers registered with FMCSA, the possibility of HM incidents occurring is of major concern, especially considering that transportation by highway mode accounts for most incidents reported year-over-year.

The transportation of HM is inherently risky due to the nature of the commodities transported. This inherent risk increases the chance of fatalities, injuries, and extensive property damage when a hazardous materials crash or incident occurs. Driver, vehicle, and motor carrier management initiatives remain centric to the underlying causes of crashes; however, crashes coupled with the transportation of HM increase risk exponentially and severely decrease survivability. FMCSA’s revised National HM Program Plan uses HM safety data to identify specific HM priorities and risks that should be focused on to reduce crashes, injuries, and fatalities on the Nation’s highways.

Implementing the following strategies will lower and mitigate the risks associated with the transportation of hazardous materials.

a. Driver and Vehicle Inspections

In recent years, there has been a downward trend in the number of HM inspections. FMCSA requests that States continue to emphasize HM inspections within their overall State safety program, with focused enforcement of HM driver and vehicle regulations. Moreover, States should increase HM inspections in corridors where data indicates high concentrations of HM crashes and incidents. Emphasis should be placed on compliance and enforcement plans that incorporate recurring roadside enforcement in specific areas of concentration to improve HM driver and vehicle compliance with the HMRs and FMCSRs.

b. Traffic Enforcement

Either alone or in combination, speed and distracted driving can have deadly consequences. The presence of HM adds to the severity of crashes and complicates the emergency response.

Therefore, FMCSA requests that States increase traffic enforcement activities that focus on these behaviors exhibited by drivers transporting placarded amounts of HM. Through stepped-up traffic enforcement, States can decrease crashes and incidents, especially those involving HM, which will result in fewer deaths and injuries and less property damage associated with HM transportation.

c. Compliance Review/Investigation

The FMCSA National HM Program Plan seeks to emphasize focused enforcement plans that incorporate re-occurring roadside enforcement in areas of concentration for the specific purpose of improving compliance with the HMRs. The Plan calls out a specific area of emphasis, titled “MCSAP HM Engagement.” FMCSA’s HM Division will work with the State Programs Division, Service Centers, and Division Offices to seek an increase of HM inspections where HM data indicates a high concentration of HM movements, and high HM crashes and incident corridors.

d. Hazardous Materials Safety Permits (HMSP)

Less than 1,000 interstate and intrastate HM motor carriers in the United States hold Hazardous Materials Safety Permits (HMSP). These motor carriers, identified in 49 CFR § 385.403, must observe a higher safety standard due to the types and quantities of HM transported. FMCSA requests that States emphasize proper identification and oversight of HMSP carriers, especially those that are identified as intrastate, during inspections and investigations.

Title 49 CFR § 350.207(a)(28) states, “Ensure that the State will cooperate in the enforcement of hazardous materials safety permits issued under subpart E of part 385 of this subchapter by verifying possession of the permit when required while conducting vehicle inspections and investigations, as applicable.” FMCSA requests that State personnel who are trained and certified to conduct intrastate HM investigations perform investigations of HM motor carriers identified as either holding or needing to hold an HMSP. Both interstate and intrastate HM motor carriers pose the same risks when transporting the types and quantities of HM requiring an HMSP.

e. Undeclared Hazardous Materials

Transportation of undeclared HM by highway poses a threat to the public, enforcement personnel, emergency responders, and the environment. Therefore, FMCSA requests that during roadside inspections, inspectors pay particular attention to the possible presence of undeclared HM. When found, FMCSA further requests that States report such incidents to FMCSA by emailing FMCSA.UndeclaredHM@dot.gov. Once received, FMCSA will coordinate with PHMSA to further investigate and educate the shipper of the undeclared HM.

f. Concentration on Hazardous Materials Motor Carriers in Intrastate Operations Having High

HM Out-of-Service Rates and/or Crash BASIC in Alert Status

The FMCSA’s HM Program Plan has identified another specific area of emphasis that will help mitigate the increase in crashes and incidents; it is titled “Intrastate HM Motor Carriers.” There exists the possibility of intrastate operations transporting HM that contribute to high HM OOS rates and increased risks associated with the transportation of HM within respective States.

Where data signifies or supports HM OOS rates higher than 10 percent, FMCSA requests that States concentrate resources and perform HM investigations and HM roadside inspections of intrastate HM motor carriers.

g. Cargo Tank Facility Reviews (CTFR)

Cargo tank facilities (CTF) are entities that manufacture, repair, and inspect specification cargo tanks and cargo tanks built and operated under PHMSA Special Permits. Presently, approximately 3,500 fixed and mobile facilities are registered with FMCSA and less than 100 per year are reviewed. Oversight of these facilities is necessary to ensure that cargo tanks are built to the required specifications, repaired correctly, and maintained according to the requirements in 49 CFR part 180. Therefore, FMCSA requests that States consider training MCSAP inspectors with the intent of gaining certification to conduct CTFRs.

mailto:FMCSA.UndeclaredHM@dot.gov

h. Working with the States to Improve HM Safety

FMCSA’s HM Division and its associated Hazardous Materials Technical Expertise and Advisory Members (HM TEAM) are committed to the safe and secure transportation of HM. Regardless of whether the HM transportation is in interstate or intrastate commerce, FMCSA reserves the right to work with the States to provide support relative to HM transportation and assist States in emphasizing and increasing HM compliance activities to improve the State’s overall safety program.

Safety Emphasis – Hazardous Materials (NRSS Objectives: Safer People/Safer Vehicles)

Increase the number of HM safety activities and inspectors certified to conduct HM inspections and CTFRs to lower crash rates and mitigate the risks associated with the transportation of HM.

TAKE ACTION:

For FY 2024, FMCSA challenges State lead agencies to:

• Increase HM inspections:

o At entry points into the United States from Mexico to ensure compliance with

HMRs.

o Where HM data indicates a high concentration of HM movements.

o In high volume HM crash and incident corridors.

• Increase traffic enforcement activities that focus on speed and distracted driving exhibited by drivers transporting placardable amounts of HM.

• Encourage trained and certified personnel to conduct intrastate HM investigations of HM motor carriers identified as either holding or needing to hold an HMSP.

• Ensure roadside inspectors pay attention to the possible presence of undeclared HM.

• Where data shows HM OOS rates higher than 10%, perform HM investigations and HM roadside inspections of intrastate HM motor carriers.

• Encourage MCSAP inspectors to complete training and certification needed to conduct CTFRs.

5. CMV Safety Programs Focusing on International Commerce in Border States

As outlined in 49 U.S.C. § 31102(c)(2)(AA), if a State shares a land border with another country, the State may conduct a border CMV safety program focusing on international commerce (i.e., transporting cargo or passengers whose origin and/or destination is to/from a foreign country) that includes enforcement or related projects. Note that although Border Enforcement activities are optional for qualifying States, Border Enforcement activities must be cited and included in the State’s CVSP, or funding calculated within the MCSAP allocation formula for border-related activities will be forfeited. Any forfeited funds will then be redistributed among Border Enforcement eligible MCSAP participants (excluding the States that forfeited the border enforcement funds).

Possible Border Enforcement activity goals include:

a. Motorcoach Inspections

Increase the number of inspections of motorcoaches engaged in international commerce.

FMCSA encourages States to examine their data on international motorcoach activity and use such data to establish reasonable goals that will result in an increase of international motorcoach-focused activities. In the application, States must substantiate the goals set and provide supporting data for the goal(s).

b. Enforcement Activities

Conduct enforcement activities (i.e., inspections and traffic enforcement) on CMVs engaged in international commerce within corridors where the data indicate (the data analysis to support corridor selection must be included in the CVSP) that there are a high number of crashes involving commercial vehicles engaged in international commerce.

c. CMV Safety Inspections

Improve the capability to conduct CMV safety inspections at sites at or near the Canadian and Mexican borders (particularly remotely located sites). If included, the application should provide data-driven support for how non-fixed location inspections will increase the likelihood of reducing crashes, injuries, and fatalities involving CMVs engaged in international commerce. If border enforcement activities are conducted at locations that are a significant distance from the international border, justification must be included in the CVSP providing information such as the volume of CMVs involved in international commerce at that location, crash rates involving CMVs operating in international commerce, etc.

6. Performance and Registration Information Systems Management (PRISM) and “Level-Up” Initiative | EMPHASIS AREA

The PRISM program is a key component in CMV safety to advance FMCSA's mission to reduce the number of CMV crashes, injuries, and fatalities in a rapidly expanding interstate motor carrier population. PRISM is a Federal-State partnership that links carrier safety fitness to vehicle registrations to ensure that OOS motor carriers do not continue to operate. PRISM plays a key role in the USDOT’s Safe System “layers of safety” approach, augmenting FMCSA’s enforcement actions with actions taken by State partners, thus holding the industry accountable for safety.

As established in 49 CFR § 350.207(a)(27) and the 2015 FAST Act, MCSAP recipients must fully participate in PRISM (or an FMCSA-approved alternative approach) to remain eligible for full funding.

More information on the PRISM participation requirements may be found in the MCP, section 4.3.1 at: https://www.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy.

https://www.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy https://www.fmcsa.dot.gov/mission/grants/motor-carrier-safety-assistance-program-grant-comprehensive-policy

MCSAP lead agencies are expected to use MCSAP funds to achieve and maintain compliance with the requirements for all levels of PRISM participation for their State. If the PRISM program in your jurisdiction is administered by an entity other than the MCSAP lead agency, the MCSAP lead agency remains responsible for ensuring the State’s compliance with PRISM requirements. MCSAP lead agencies may issue sub-awards for PRISM-related costs to an appropriate State entity in their jurisdiction responsible for the operation of their State’s PRISM program.

More information on PRISM participation and PRISM levels may be found on the PRISM Data and Activity Safety Hub (DASH) website at: https://ai.fmcsa.dot.gov/PRISM/home/index.

FMCSA recognizes the safety benefits that result from Leveling Up to Enhanced and Expanded PRISM. These advanced levels of PRISM participation enhance safeguards that keep motor carriers from concealing their Federal OOS order and/or…