Knowledge Testing of New Entrant Motor Carriers, Freight Forwarders and Brokers

Larry W. Minor
Federal Motor Carrier Safety Administration
December 26, 2013

[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78474-78475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30875]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0518]


Knowledge Testing of New Entrant Motor Carriers, Freight 
Forwarders and Brokers

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

ACTION: Notice of public listening session.

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SUMMARY: FMCSA announces that it will hold a public listening session 
on January 13, 2014, to solicit ideas and information concerning 
sections 32101 and 32916 of the Moving Ahead for Progress in the 21st 
Century Act (Pub. L. 112-141) (MAP-21). These provisions require the 
assessment of applicants' knowledge of regulations and industry 
practices for persons seeking registration authority as motor carriers 
(property, passenger, and household goods (HHG)), freight forwarders 
and brokers. This listening session is the first in a series through 
which the Agency will request information from interested parties 
concerning potential test topics, the relationship between the 
knowledge testing requirement and the Agency's Unified Registration 
System (URS) program, and test development and delivery. The January 
13, 2014, session will be held at the American Bus Association's (ABA) 
Marketplace conference in Nashville, Tennessee. All comments will be 
transcribed and placed in the docket referenced above for FMCSA's 
consideration. And the entire day's proceedings will be webcast.

DATES: The listening session will be held on Monday, January 13, 2014, 
from 9:30 a.m. to 11:30 a.m. and 2:30 p.m. to 4:30 p.m. If all 
interested participants have had an opportunity to comment, the session 
may conclude early.

ADDRESSES: The listening session will be held at the Music City Center, 
201 Fifth Ave. South, Nashville, TN 37203 in Room 202 C. In addition to 
attending the session in person, the Agency offers several ways to 
provide comments, as enumerated below.
    Internet Address for Live Webcast. FMCSA will post specific 
information on how to participate via the Internet on the FMCSA Web 
site at www.fmcsa.dot.gov in advance of the listening session.
    You may submit comments bearing the Federal Docket Management 
System (FDMS) Docket ID FMCSA-2001-11061 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received, without 
change, to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The online Federal document management system 
is available 24 hours each day, 365 days each year. If you would like 
acknowledgment that the Agency received your comments, please include a 
self-addressed, stamped envelope or postcard or print the 
acknowledgement page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System published in the Federal Register on December 29, 
2010 (75 FR 82132) .

FOR FURTHER INFORMATION CONTACT: For information concerning the 
listening session or the live webcast, please contact Ms. Shannon L. 
Watson, Senior Policy Advisor, FMCSA, (202) 385-2395.
    If you need sign language assistance to participate in this New 
Entrant Testing listening session, contact Ms. Watson by Monday, 
January 6, 2014, to allow us to arrange for such services. FMCSA cannot 
guarantee that interpreter services requested on short notice will be 
provided.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 6, 2012, the President signed MAP-21 into law. The new law 
included certain requirements concerning the registration of motor 
carriers (property, passenger, and household goods (HHG)), freight 
forwarders and brokers. Section 32101 of MAP-21 includes requirements 
for a written proficiency examination to assess motor carrier 
registration applicants' knowledge of applicable safety regulations, 
standards, and orders of the Federal government. Section 32916 includes 
requirements that applicants for freight forwarder and broker 
registration authority employ, as an officer, an individual with 3 
years of relevant experience who ``provides the Secretary with 
satisfactory evidence of the individuals' knowledge of related rules, 
regulations, and industry practices.''
    In consideration of the MAP-21 requirements, the Agency believes it 
would be helpful to conduct a series of public listening sessions to 
provide all interested parties the opportunity to share their views on 
the subject prior to the initiation of a rulemaking. The Agency will 
publish a notice or notices in the Federal Register to announce the 
dates and locations of future listening sessions on this topic.
    The Agency requests information concerning: Potential test topics 
(e.g., regulations and industry best practices); the relationship 
between the knowledge testing requirement and the Agency's August 23, 
2013, Unified Registration System (URS) final rule (78 FR 52608); \1\

[[Page 78475]]

and test development and delivery. FMCSA asks listening session 
participants to consider the following questions in preparing to make 
comments at the listening session:
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    \1\ The final rule amends FMCSA's regulations to require 
interstate motor carriers, freight forwarders, brokers, intermodal 
equipment providers, hazardous materials safety permit applicants, 
and cargo tank facilities under the Agency's jurisdiction to submit 
required registration and biennial update information to the Agency 
via a new electronic on-line URS. The final rule also establishes 
fees for the registration system, discloses the cumulative 
information to be collected in the URS, and provides a centralized 
cross-reference to existing safety and commercial regulations 
necessary for compliance with the registration requirements.
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     Should the exam be limited to the applicable FMCSA 
regulations or include both the regulations and industry best 
practices?
     If the exam covers industry best practices, what specific 
best practices should be included on the exam?
     What industry best practices manuals/publications are 
available for new entrants to study prior to taking a proficiency exam?
     Are private-sector training courses available to teach new 
entrants industry best practices?
     Should FMCSA limit the exam to company officers or 
employees responsible for safety and compliance, or should the Agency 
allow safety consultants to complete the exam on behalf of the new 
entrant?
     Should the test results be linked to specific individuals 
identified on the registration application with a requirement that the 
new entrant entity have a ``certified'' individual who passed the exam 
in a position responsible for safety and compliance? And should the new 
entrant be required to update their registration information whenever 
these individuals are replaced/reassigned during the new entrant 
monitoring/oversight period?
     MAP-21 requires freight forwarders and brokers to renew 
their registration authority every 5 years. Should the new entrant 
testing rule require a new test (i.e., recertification test) to 
accompany the freight forwarder or broker renewal application?
     Should the FMCSA develop and deliver the test directly to 
the new entrant applicants, or should the Agency rely on a private 
sector entity to handle the testing, with the results being transmitted 
directly to FMCSA?
     Do private sector companies or organizations currently 
conduct testing concerning industry best practices?
     Should the testing be conducted at testing centers, or 
should FMCSA allow on-line testing?

II. Meeting Participation and Information FMCSA Seeks From the Public

    The listening session is open to the public. Speakers should try to 
limit their remarks to 5 minutes. No pre-registration is required. 
Attendees may submit material to the FMCSA staff at the session for 
inclusion in the public docket referenced at the beginning of this 
notice.

III. Webcasting of the Listening Session

    FMCSA will webcast the listening session on the Internet. 
Information on how to participate via the Internet will be posted on 
the FMCSA Web site at www.fmcsa.dot.gov in advance of the listening 
session.
    FMCSA will docket the transcripts of the webcast, and a separate 
transcription of the listening session will be prepared by an official 
court reporter.

    Issued on: December 19, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-30875 Filed 12-24-13; 8:45 am]
BILLING CODE 4910-EX-P