Sec. 5203. Guidance

448 words·~2 min read·/bill/114/hr/22/eah/section-5203

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Each guidance document issued by the Federal Motor Carrier Safety Administration shall have a date of issuance or a date of revision, as applicable, and shall include the name and contact information of a point of contact at the Administration who can respond to questions regarding the guidance. Each guidance document issued or revised by the Federal Motor Carrier Safety Administration shall be published on a publicly accessible Internet Web site of the Department on the date of issuance or revision. The Administrator of the Federal Motor Carrier Safety Administration may redact from a guidance document published under subparagraph

(A)any information that would reveal investigative techniques that would compromise Administration enforcement efforts. Not later than 5 years after the date on which a guidance document is published under paragraph

(2)or during an applicable review under subsection (c), whichever is earlier, the Secretary shall revise regulations to incorporate the guidance document to the extent practicable. If a guidance document is not incorporated into regulations in accordance with paragraph (3), the Administrator shall— reissue an updated version of the guidance document; and review and reissue an updated version of the guidance document every 5 years until the date on which the guidance document is removed or incorporated into applicable regulations. Not later than 1 year after the date of enactment of this Act, the Administrator shall review all guidance documents published under subsection

(a)to ensure that such documents are current, are readily accessible to the public, and meet the standards specified in subparagraphs (A), (B), and

(C)of subsection (c)(1). Subject to paragraph (2), not less than once every 5 years, the Administrator shall conduct a comprehensive review of the guidance documents issued by the Federal Motor Carrier Safety Administration to determine whether such documents are— consistent and clear; uniformly and consistently enforced; and still necessary. Prior to beginning a review under paragraph (1), the Administrator shall publish in the Federal Register a notice and request for comment that solicits input from stakeholders on which guidance documents should be updated or eliminated. Not later than 60 days after the date on which a review under paragraph

(1)is completed, the Administrator shall publish on a publicly accessible Internet Web site of the Department a report detailing the review and a full inventory of the guidance documents of the Administration. A report under subparagraph

(A)shall include a summary of the response of the Administration to each comment received under paragraph (2). In this section, the term guidance document means a document issued by the Federal Motor Carrier Safety Administration that— provides an interpretation of a regulation of the Administration; or includes an enforcement policy of the Administration.