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Code · BILL · 114th Congress · H.R. 22 (EAS) — 114 HR 22 EAS: Developing a Reliable and Innovative Vision for the Economy Act · Sec. 32303

Sec. 32303. Guidance reform

486 words·~2 min read·/bill/114/hr/22/eas/section-32303

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Each guidance document, other than a regulatory action, issued by the Federal Motor Carrier Safety Administration shall have a date of publication or a date of revision, as applicable, and the name and contact information of a point of contact at the Federal Motor Carrier Safety Administration who can respond to questions regarding the general applicability of the guidance. Each guidance document and interpretation issued by the Federal Motor Carrier Safety Administration shall be published on the Department of Transportation's public website on the date of issuance.
The Administrator of the Federal Motor Carrier Safety Administration may redact from a guidance document or interpretation under subparagraph
(A)any information that would reveal investigative techniques that would compromise Federal Motor Carrier Safety Administration enforcement efforts. Not later than 5 years after the date that a guidance document is published under paragraph
(2)or during the comprehensive review under subsection (c), whichever is earlier, the Secretary, in consultation with the Administrator, shall revise the applicable regulations to incorporate the guidance document to the extent practicable. If a guidance document is not incorporated into the applicable regulations under paragraph (3), the Secretary shall— reissue an updated guidance document; and review and reissue an updated guidance document every 5 years during the comprehensive review process under subsection
(c)until the date that the guidance document is removed or incorporated into the applicable regulations under paragraph
(3)of this subsection. Not later than 1 year after the date of enactment of this Act, the Secretary shall review regulations, guidance, and enforcement policies published on the Department of Transportation's public website to ensure the regulations, guidance, and enforcement policies are current, readily accessible to the public, and meet the standards under subsection (c)(1). Subject to paragraph (2), not less than once every 5 years, the Administrator of the Federal Motor Carrier Safety Administration shall conduct a comprehensive review of its guidance and enforcement policies to determine whether— the guidance and enforcement policies are consistent and clear; the guidance is uniformly and consistently enforceable; and the guidance is still necessary. Prior to beginning the review, the Administrator shall publish in the Federal Register a notice and request for comment soliciting input from stakeholders on which regulations should be updated or eliminated. As part of the review under paragraph (1), the Administrator shall prioritize consideration of each outstanding petition (as defined in section 32304(b) of this Act) submitted by a stakeholder for rulemaking. Not later than 60 days after the date that a review under paragraph
(1)is complete, the Administrator shall publish on the Department of Transportation's public website a report detailing the review and a full inventory of guidance and enforcement policies. The report under subparagraph
(A)of this paragraph shall include a summary of the response of the Federal Motor Carrier Safety Administration to each comment received under paragraph
(2)indicating each request the Federal Motor Carrier Safety Administration is granting.
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