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‘Absolute measure’ numbers to return to public CSA SMS with next update

Contrary to reporting last month that the Federal Motor Carrier Safety Administration’s public unveiling of a modified CSA Safety Measurement System represented the end of most substantive updates to the public display, carriers’ so-called “absolute measures” in individual BASIC categories will be returned to the SMS’ public view with the February update, says agency spokesman Duane Debruyne.

One carrier's "absolute measure" in the Vehicle Maintenance BASIC shown changing over time in the CSA SMS, before it was pulled from view by Congressional directive in December.

One carrier’s “absolute measure” in the Vehicle Maintenance BASIC shown changing over time in the CSA SMS, before it was pulled from view by Congressional directive in December.

“The Agency anticipates that in March, with the February snapshot, carriers’ absolute measures will be returned to the website,” Debruyne said after being queried about rumors circulating around the absolute measures. The update is expected to come during the first full week of next month.

Debruyne also noted that, as has been reported in Overdrive, the FAST Act highway bill specifically allowed for the retention of absolute measures in the SMS public display.

While such measures are likely to be less problematic for carriers than the comparative percentile rankings that were removed from public view by Congressional directive in the FAST Act, the recent release of the Safety Fitness Determination notice of proposed rulemaking to tie safety rating in part to SMS data complicates matters.

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Says Avery Vise of the TransComply company, and formerly of Overdrive sister publication CCJ, “I think [FMCSA ] may go ahead and do on the SMS website more or less what they’re proposing to do” in the Safety Fitness Determination proposal, which would utilize those absolute BASIC measures against fixed percentile thresholds in part to determine carriers’ fitness for duty.

Publication of fixed thresholds for those measures in each BASIC, giving viewers points on the continuum of measures against which to evaluate a carrier, might be the next step for the agency, by such logic. The Safety Measurement System itself is, after all, a malleable creation that FMCSA has modified in a variety of ways over time.

At once, there is no indication as yet the agency will in fact go that route prior to the Safety Fitness Determination proposed rulemaking making its way through all appropriate notice, comment and evaluation periods required of significant regulations. You can evaluate the SFD on its merits via our prior coverage, and the proposed rulemaking remains under an initial 60-day public comment period. Those wishing to comment can do so via this link to Regulations.gov.

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The more-definite wild card in the return of absolute measures resides in the question of just how third parties will treat them, in the end.

Inclusion of the absolute measures makes plain something of a fundamental point about the SMS. “Some will still try to use the SMS to argue that someone is less safe than someone else,” says Vise, though many in Congress and throughout the industry believe that the SMS’ underlying data and methodology, which has not changed as yet, is simply not legitimate.

The FAST Act did more than just require the removal of public percentiles in each BASIC — it directed the agency to work with the National Academies to review and potentially revamp the program before returning to business as usual.

At the least, including the absolute measures in the public display gives private developers all they may need to make the CSA SMS’ percentile calculations on their own, whether the agency takes the SMS website in new directions or not — and whether the availability of inspection/violation information wasn’t already sufficient for such developers, as has been suggested by many watchers.

Congressional oversight, represented by the public-view-related and review-and-revamp requirements in the FAST Act, may have put a dent in the SMS, in other words, but it didn’t knock it down entirely.

So does FMCSA’s safety rating rule in fact violate Congressional directive?

Another week, another letter to Congress from an ad hoc coalition of groups challenging FMCSA's new safety rating rule's release on grounds it violates the ...


from Overdrive http://ift.tt/1mXUZqR

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