Motor Carrier Safety Assistance Program Multiyear Plans |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
27 October 2016
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74862-74864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25980]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0325]
Motor Carrier Safety Assistance Program Multiyear Plans
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice: Request for comments.
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SUMMARY: The Fixing America's Surface Transportation (FAST) Act
requires the Secretary to prescribe procedures for a State to submit
multiple-year plans for the Motor Carrier Safety Assistance Program
(MCSAP) grants. FMCSA seeks information to improve development and
implementation of multiple-year plans.
DATES: Responses to these questions must be received on or before
November 28, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0325 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
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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 on-line FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Liberatore, Chief, State
Programs Division, FMCSA, (202) 366-3030 or by email at
Thomas.Liberatore@dot.gov. Office hours are from 8:00 a.m. to 5:00
p.m., E.T., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0325), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so the Agency can contact you if it has questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov and
put the docket number, ``FMCSA-2016-0325'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number, ``FMCSA-2016-0325'' in the ``Keyword'' box
and click ``Search.'' Next, click ``Open Docket Folder'' button and
choose the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Background
As prescribed in the FAST Act, the goal of the MCSAP is to ensure
that there is a partnership to establish programs to improve motor
carrier, commercial motor vehicle (CMV), and driver safety to support a
safe and efficient surface transportation system. MCSAP makes targeted
investments to promote CMV safety, including the transportation of
passengers and hazardous materials. FMCSA encourages the States and
Territories to invest in activities likely to maximize reductions in
the number and severity of CMV crashes and fatalities resulting from
such crashes. This is accomplished by adopting and enforcing effective
motor carrier, CMV, and driver safety regulations and practices
consistent with Federal requirements, assessing and improving statewide
performance by setting program goals, and meeting performance
standards, measures, and benchmarks.
Since Fiscal Year (FY) 1983, the Federal Highway Administration
(FHWA), FMCSA's predecessor agency, or FMCSA have awarded MCSAP funds
annually to the States after submission of a satisfactory Commercial
Vehicle Safety Plan (CVSP). Pursuant to FMCSA regulation, CVSPs are due
to the Agency on August 1 of the fiscal year preceding the requested
funds.
Often safety initiatives can only be properly evaluated after
lengthy implementation periods. The removal of the annual CVSP
requirement is intended to provide States/Territories with additional
flexibility to continue these initiatives for a longer period, such
that funding can be appropriate requested and CMV crash reduction
benefits can be documented. In addition, the use of multiple-year plans
will reduce the States'/Territories' administrative burdens associated
with submitting the plan each year. With implementation of multi-year
plans, an annual, full submission of the CVSP will no longer be
required. Only annual data and budget updates might be needed,
depending on changes in the States'/Territories' operations and/or
annual MCSAP funding allocation.
It is noted that the period of performance for MCSAP grants did not
change under the FAST Act, so MCSAP funding will continue to be
available to the State/Territory for the fiscal year of award and for
the next fiscal year.
FMCSA codified the FAST Act changes to remove the annual
requirements for the plan in the final rule titled, ``Amendments to
Implement Grants Provisions of the Fixing America's Surface
Transportation Act.'' This rule was published in the Federal Register
on October 14, 2016 [81 FR 71002].
Additionally, the FAST Act requires that FMCSA publish each
approved State/Territory multiple-year plan, and each annual update
thereto, on a publically accessible Internet Web site of the Department
of Transportation not later than 30 days after the date the Secretary
approves the plan or update. 49 U.S.C. 311029(c)(3).
Questions
To assist FMCSA in developing the information technology system,
form, and procedures for submission of a multiple-year plan, FMCSA
requests information primarily from the MCSAP agencies responsible for
developing and submitting the plan in response to the following
questions:
1. How many years should a multi-year plan cover (i.e., 2 years, 3
years, 5 years, etc.)? Please explain and provide a rationale for the
specific length of time between full plans.
2. Should the length (e.g., 2 years, 3 years, etc.) of a multi-year
plan be fixed for all States/Territories or should States/Territories
be able to vary the length? Please explain.
3. How many years long is the State's Strategic Highway Safety Plan
(SHSP)? Should the CVSP be aligned with length of the SHSP? Please
explain.
4. Can your State/Territory provide complete and accurate data to
support a performance-based, multi-year plan? If so, how many years?
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5. What data elements, certifications, and documents required under
49 CFR part 350 should be revised from or added to the current CVSP
format to capture multiple years (e.g., State certification, etc.)?
Please explain how they should be revised.
6. Would your State/Territory be confident submitting a multi-year
plan knowing that FMCSA's program authorizations (i.e., U.S.
Congressional legislation that continues one or more programs) are
expiring in the next year? Two Years? If so or if not, please explain.
7. Should a State/Territory be required to submit a full
application on Grants.gov only once for a multi-year plan or annually?
Please explain.
8. Should FMCSA institute the multi-year CVSP at one time for all
States/Territories, or is a phased-in approach, with a proportionate
number of States submitting such plans over the time period of the
multi-year plan (e.g., half of States over a two-year plan, a third of
States for a three-year plan, etc.), be a more advantageous
implementation method? Please explain.
9. Are there other factors, concerns and/or elements that FMCSA
should consider in the implementation of multi-year plans? Please
provide specifics regarding these additional considerations.
10. In moving to a multi-year CVSP with annual updates, in order to
enhance usability of the electronic CVSP (eCVSP) application, what
additional features should FMCSA add? Please be specific in providing
recommendations for additional features.
11. FMCSA is considering requiring certain CVSP data fields to be
validated or updated annually. Examples of such data fields include
prior-year activity objectives, current-year activity goals, current-
year spending plans, etc. What additional data fields do you believe
should be updated annually and why?
12. Should the annual update be a mechanism within the eCVSP tool's
multi-year CVSP or a completely separate module with the eCVSP tool?
Please explain.
13. What data elements and documents should be revised from, or
added to, the current CVSP format to capture the annual update? Please
explain how they should be revised.
14. Should the FMCSA require States/Territories to provide detailed
spending plans or only require grantees to estimate their costs
utilizing the SF-424A budget categories for the multi-year plan and
annual update in the eCVSP tool? Please explain how your preference
would enhance the CVSP planning process.
After consideration of the information received in response to this
notice, FMCSA will prescribe the procedures required by the FAST Act
through a future Federal Register notice.
Issued on: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25980 Filed 10-26-16; 8:45 am]
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