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Safety Recommendation Details

Safety Recommendation H-16-001
Synopsis: On January 27, 2014, about 9:20 p.m. central standard time, a 2004 Freightliner truck-tractor semitrailer, operated by the motor carrier DND International Inc., collided with stopped vehicles that were providing assistance to a disabled 2000 Volvo truck-tractor semitrailer, operated by the motor carrier Michael’s Cartage Inc., in the right lane of eastbound Interstate 88 (I-88), at milepost 122 near Naperville, Illinois. A flare line separated traffic from the response area containing the stopped vehicles. The responding Highway Emergency Lane Patrol (HELP) truck was using an active yellow arrow board to direct traffic away from the area, and the responding police patrol car had activated its flashing blue and red lights. The Federal Motor Carrier Safety Administration (FMCSA) classified both of the carriers involved in this crash as high-risk carriers, meaning that their ratings in the Behavior Analysis and Safety Improvement Categories (BASICs), which the agency uses to assess carrier safety, were above certain established threshold levels. As a result of the collision, an Illinois State Toll Highway Authority worker operating the HELP truck died. An Illinois State Police trooper was seriously injured in a postcrash fire that completely consumed his patrol car, and the driver of the Freightliner combination vehicle was seriously injured. The driver of the disabled Volvo combination vehicle, who was sitting in the right front seat of the HELP truck when the crash occurred, received minor injuries.
Recommendation: TO THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION: Review the process and procedures for imminent hazard orders to identify ways in which this process can be improved to work more swiftly and effectively; when implementing the improvements, seek legislative authority for such changes as necessary.
Original recommendation transmittal letter: PDF
Overall Status: Open - Acceptable Response
Mode: Highway
Location: Naperville, IL, United States
Is Reiterated: No
Is Hazmat: No
Accident #: HWY14FH002
Accident Reports: Preliminary Report Highway HWY14FH002Commercial Truck Collision with Stopped Vehicles on Interstate 88, Naperville, Illinois, January 27, 2014
Report #: HAR-16-01-SUM
Accident Date: 1/27/2014
Issue Date: 3/15/2016
Date Closed:
Addressee(s) and Addressee Status: FMCSA (Open - Acceptable Response)

Safety Recommendation History
From: NTSB
Date: 11/2/2018
Response: We note that you continue to develop rulemaking to address this recommendation, and we look forward to seeing the notice of proposed rulemaking published in the Federal Register. We encourage you to move forward with these efforts in a timely manner. Pending publication of a final rule that addresses the recommended action, Safety Recommendation H-16-1 remains classified OPEN--ACCEPTABLE RESPONSE.

Date: 8/3/2018
Response: -From Michael J. Jordan, Management and Program Analyst, Federal Motor Carrier Safety Administration: On May 7, 2018, representatives from the Federal Motor Carrier Safety Administration (FMC SA) and National Transportation Safety Board (NTSB) met to discuss the status of 3 safety recommendations. This memorandum communicates the status updates discussed, in addition to providing written update for a safety recommendation that is associated with ongoing rulemaking. Safety Recommendation Number Current Classification Requested Classification H-12-010 OAA OAA H-12-011 OAA Closed H-12-012 OAA Closed H-16-011 OAA OAA Report: Crash Report – Naperville, Illinois (2016-02-09) Current Classification: “Open - Acceptable Response” Status Update: • On July 5, 2016, FMCSA submitted its initial response to NTSB indicating the Agency was developing rulemaking (Amendments to Agency Rules of Practice; RIN 2126-AB82) that would revise regulations on the enforcement of 49 CFR Part 386 to improve the imminent hazard order process within the scope of existing authority. • The Amendments to Agency Rules of Practice rule remains on the Agency’s rulemaking agenda and work is continuing to develop the Notice of Proposed Rulemaking (NPRM). • FMCSA will share the NPRM for this item of rulemaking with NTSB upon its publication in the Federal Register. • FMCSA requests NTSB maintain its classification for safety recommendation H-16-001 as “Open – Acceptable Response.”

From: NTSB
Date: 2/1/2017
Response: We note that you are developing rulemaking to improve the imminent hazard review process. Pending publication of a final rule that addresses the recommended action, Safety Recommendation H-16-1 is classified OPEN—ACCEPTABLE RESPONSE.

Date: 7/5/2016
Response: -From T.F. Scott Darling, III, Acting Administrator: FMCSA's Office of Enforcement and Compliance reviewed and revised its original Imminent Hazard Policy in 2013 (MC-ECE-20 13 -000 I; March 15, 20 13) incorporating lessons learned from the original implementation. More recently, the Office of Enforcement and Compliance conducted refresher training to enhance field knowledge of the policy and provided an interactive forum to discuss the policy, ensure uniform application of the policy and receive feedback to determine if additional guidance and/or adjustments to the policy are warranted. The training was mandatory for all field staff and focused on processes and procedures to identify and place Imminent Hazard carriers out-of-service (00) as quickly and efficiently as possible to build on FMC SA's already successful record of initiating Imminent Hazard Orders when appropriate. The training sessions were held on April 18. 22, 29 and May 2, 2016. In addition, information will be presented at in-service training sessions taking place later in 2016. The Imminent Hazard authority of FMCSA is the most severe enforcement tool available to the Agency, and requires significant investigatory work to meet the high burden of proof needed to completely shut down a company's operation. In fiscal years 2014 and 2015, the Agency successfully initiated 28 Imminent Hazard orders. It is also important to note that if a carrier is placed OOS and its operating authority is revoked, the carrier is thoroughly investigated in accordance with FMCSA's policy titled, "Policy on Granting, Withholding, Suspending, Amending or Revoking Operating Authority" (77 FR 46147; August 2, 2012), before being permitted to resume interstate operations. FMCSA proposed changes to the Imminent Hazard statute in its "Grow America" reauthorization proposal; however, those changes were not incorporated into the Fixing America's Surface Transportation (FAST) Act (Public Law No. 114-94; December 4, 2015). Alternatively, the Agency is developing a rulemaking (RIN 2126-AB82) revising FMCSAs regulations on enforcement in 49 CFR Part 386, designed to improve the process within the scope of the Agency's existing authority. Specifically, proposed revisions to Part 386 would clarify the time for serving a request for review and clarify the time within which a hearing must be provided. These changes are expected to provide an improved process for review. FMCSA requests the NTSB classify safety recommendation H-1 6-001 as "Open – Acceptable Response."