Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting |
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Larry W. Minor
Federal Motor Carrier Safety Administration
7 June 2016
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36651-36652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13376]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-26367]
Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of advisory committee meeting.
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SUMMARY: FMCSA announces that its MCSAC will meet on Tuesday and
Wednesday, June 14-15, 2016, to provide recommendations to the Agency
concerning implementation of section 5203 of the Fixing America's
Surface Transportation Act (FAST Act) to: (1) Prioritize regulatory
guidance that should be incorporated into the safety regulations to
promote clear, consistent, and enforceable rules; (2) identify
regulatory guidance that appears to be inconsistent with the intent of
the safety regulations or makes enforcement of key safety requirements
difficult; and (3) identify guidance that should remain in place. The
meeting is open to the public and there will be a period of time at the
end of each day for the public to submit oral comments.
DATES: The meeting will be held Tuesday-Wednesday, June 14-15, 2016,
from 9:15 a.m. to 4:30 p.m., Eastern Daylight Time (EDT), at the Westin
Washington, DC City Center, 1400 M Street NW., Washington, DC 20005.
Members of the public may submit written comments on the topics to be
considered during the meeting by Thursday, June 9, 2016, to Federal
Docket Management System (FDMC) Docket Number FMCSA-2006-26367 using
any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC between 9 a.m. and 5
p.m., E.D.T. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor
to the Associate Administrator for Policy, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, (202) 385-2395, mcsac@dot.gov.
Services for Individuals with Disabilities: For information on
facilities or services for individuals with disabilities or to request
special assistance at the meeting, contact Mr. Eran Segev at (617) 494-
3174 or eran.segev@dot.gov, by Thursday, June 9, 2016.
SUPPLEMENTARY INFORMATION:
I. Background
MCSAC
MCSAC was established to provide FMCSA with advice and
recommendations on motor carrier safety programs and motor carrier
safety regulations. MCSAC is composed of 20 voting representatives from
safety
[[Page 36652]]
advocacy, safety enforcement, labor, and industry stakeholders of motor
carrier safety. The diversity of the Committee ensures the requisite
range of views and expertise necessary to discharge its
responsibilities. The Committee operates as a discretionary committee
under the authority of the U.S. Department of Transportation (DOT),
established in accordance with the provisions of the Federal Advisory
Committee Act, as amended, 5 U.S.C. App. 2. See FMCSA's MCSAC Web site
for additional information about the Committee's activities at http://mcsac.fmcsa.dot.gov/.
Task 16-01: Review of Regulatory Guidance
FMCSA has tasked MCSAC with providing recommendations to the Agency
concerning implementation of section 5203 of the FAST Act to: (1)
Prioritize regulatory guidance that should be incorporated into the
safety regulations to promote clear, consistent, and enforceable rules;
(2) identify regulatory guidance that appears to be inconsistent with
the intent of the safety regulations or makes enforcement of key safety
requirements difficult; and (3) identify guidance that should remain in
place.
Currently, FMCSA's Web site provides interpretive guidance material
for the Federal Motor Carrier Safety Regulations (FMCSRs). The guidance
is presented in question and answer form for each part of the FMCSRs. A
significant percentage of the guidance was published by the Federal
Highway Administration on November 17, 1993 (58 FR 60734), with an
updated publication on April 4, 1997 (62 FR 16370). Since 1997, FMCSA
has issued new guidance documents periodically, revised guidance, or
rescinded guidance based on changes to the FMCSRs. The Agency has not
undertaken a comprehensive review of the full set of its regulatory
guidance since the 1997 publication.
Section 5203 of the FAST Act provides new requirements for FMCSA's
management of guidance documents. A ``guidance document'' is defined
for purposes of section 5203 as a ``document . . . that (1) provides
and interpretation of a regulation of the Administration; or [sic] (2)
includes an enforcement policy of the Administration available to the
public.'' Not later than December 4, 2016, the Administrator must
conduct an initial review of all FMCSA guidance documents in effect on
December 4, 2015, to ensure that the documents are current, readily
accessible to the public, and meet the standards of section
5203(c)(1)(A)-(C) (consistent and clear; uniformly and consistently
enforced; and still necessary). Sec. 5203(b).
The Agency requests that the MCSAC consider the set of regulatory
guidance for each part of the FMCSRs and determine which sets of
guidance should be prioritized for review. The MCSAC should conduct of
review of the regulatory guidance for those sets to identify regulatory
guidance that should be (1) incorporated into the safety regulations to
promote clear, consistent and enforceable rules; (2) eliminated because
it appears to be inconsistent with the intent of the safety regulations
or makes enforcement of key safety requirements difficult; or (3)
retained because it is more appropriate as guidance rather than
regulatory text. Copies of the MCSAC Task Statement and an agenda for
the entire meeting will be made available in advance of the meeting at
https://www.fmcsa.dot.gov/advisory-committees/mcsac/welcome-fmcsa-mcsac.
II. Meeting Participation
Oral comments from the public will be heard during the last half-
hour of the meetings each day. Should all public comments be exhausted
prior to the end of the specified period, the comment period will
close.
Issued on: May 31, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-13376 Filed 6-6-16; 8:45 am]
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