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Notice of Review of Guidance Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Sue Lawless Date: 13 August 2024 Subject: American Government  , Safety
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65968-65969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17966]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0208]
Notice of Review of Guidance
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Regulatory guidance; notice of review of guidance.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) will
be reviewing its existing guidance documents to evaluate their
continued necessity and determine whether they should be updated or
eliminated. As part of this review, FMCSA invites the public to
identify and provide input on existing guidance documents that are good
candidates for revision or rescission.
DATES: Comments should be received on or before September 12, 2024.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2024-0208 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2024-0208/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. DOT, 1200 New Jersey Avenue
SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
Hand Delivery or Courier: Dockets Operations, U.S. DOT,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Ms. Anna Winkle, Attorney-Advisor,
Office of Chief Counsel, FMCSA, 1200 New Jersey Ave. SE, Washington, DC
20590-0001; 202-366-5257; anna.winkle@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Comments Sought for Consideration During Regular Review of FMCSA
Guidance Documents
FMCSA's primary mission is to reduce crashes, injuries and
fatalities involving large trucks and buses. In carrying out this
safety mandate, FMCSA develops and enforces data-driven regulations and
produces guidance documents to clarify regulatory requirements and aid
compliance. Section 5203(c) of the Fixing America's Surface
Transportation (FAST) Act requires that, not less than once every 5
years, FMCSA conduct a comprehensive review (``regular review'') of the
guidance documents it has issued to determine whether such documents
are consistent and clear, uniformly and consistently enforced, and
still necessary. A similar comprehensive review was conducted in early
2020, culminating in the effective reissuance of all of the guidance in
FMCSA's guidance portal on March 3, 2020, the date the Department
announced the availability of the regulatory guidance portals.\1\ Prior
to beginning a regular review, FMCSA is required to publish a notice
and request for comment in the Federal Register that solicits input
from stakeholders on which guidance documents should be updated or
eliminated. This notice satisfies this statutory requirement.
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\1\ See 85 FR 12663 and https://www.transportation.gov/guidance/operating-administration-guidance-portals.
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Accordingly, FMCSA seeks written input from the public on all FMCSA
guidance documents that are good candidates for revision or rescission
including guidance published at FMCSA's guidance portal page located at
https://www.fmcsa.dot.gov/guidance. The public is encouraged to
identify guidance documents that: (1) are inconsistent or unclear; (2)
may not be conducive to uniform or consistent enforcement; or (3) are
no longer necessary.
B. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0208), indicate the specific guidance document to
which your 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 FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2024-0208/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
C. Content of Comments
FMCSA will consider all comments and material received during the
comment period. To maximize the usefulness of comments, FMCSA
encourages commenters to provide the following information.
1. A specific reference to the guidance document and associated
statutes or regulations that the comment discusses. This should include
the title or subject, the date of issuance, guidance document number if
available (e.g., FMCSA-CDL-383.73-FAQ01(2024-05-20)), internet address
of guidance location, or other source of the guidance document. You may
also provide copies of the guidance if it is not readily identifiable
through these sources. If available, the reference should include
citations to the associated statutes (e.g., FAST Act) or regulations in
the Code of Federal Regulations. A specific reference will assist FMCSA
in identifying the guidance document and any associated statutory or
regulatory requirements.
2. A description of the problem with the specific guidance
document. A comment that explains why the guidance document should be
eliminated or revised is more useful than a comment that merely asserts
that the guidance should be eliminated or revised. Comments that
reflect experience with the guidance or a related statutory or
regulatory requirement and provide data describing that experience are
more helpful than comments that are not tied to direct experience.
3. A description of alternatives that are better than the specific
guidance document. If the commenter believes that the objective that
motivated the guidance document may be achieved using a better
alternative, the commenter should describe that alternative in detail.
Likewise, if the
[[Page 65969]]
commenter believes that there is not a better alternative or there is
not a legitimate objective served by the guidance document, then that
should be explained in the comment.
4. Examples of entities that are, have been, or will be negatively
affected by the specific guidance document and examples of entities
that will benefit if the guidance is removed or revised. A comment
listing specific entities is more useful because it will assist FMCSA
in investigating the guidance document and its impact.
D. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that (1) is customarily treated as confidential
and that you actually treat as confidential, and (2) is relevant or
responsive to the notice, you may request confidential treatment. It is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. For pages
that contain both CBI and non-confidential information, commenters
should use markings (e.g., brackets, highlighting, font changes, or
other markings) to identify the portions of text that constitute CBI
and provide a description of the markings used. FMCSA will treat such
marked submissions as confidential under the Freedom of Information
Act, and they will not be placed in the public docket for this notice.
FMCSA is currently treating electronic submission as an acceptable
method for submitting CBI to the Agency. Submissions containing CBI
should be sent electronically to Brian Dahlin, Chief, Regulatory
Evaluation Division, Office of Policy at Brian.Dahlin@dot.gov. At this
time, you need not send a duplicate hardcopy of your electronic CBI
submissions to FMCSA headquarters. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket for
this notice.
E. Viewing Comments and Documents
To view comments, as well as any documents mentioned as being
available in the docket, go to https://www.regulations.gov/docket/FMCSA-2024-0208/document and choose the document to review. To view
comments, click this notice, then click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
F. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory 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 (Federal Docket Management System (FDMS)),
which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable
by the name of the submitter.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-17966 Filed 8-12-24; 8:45 am]
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