Proposed Rules. Notice of public listening sessions

Agency: Federal Motor Carrier Safety Administration (FMCSA), DOT
Action: Notice of public listening sessions
Citation: FR Doc. 2014-05027 · Docket No. FMCSA-2013-0518

Summary

FMCSA announces that it will hold two public listening sessions on March 28 and April 7, 2014, to solicit ideas and information concerning sections 32101 and 32916 of the Moving Ahead for Progress in the 21st Century Act. These provisions require the assessment of applicants' knowledge of regulations and industry practices for persons seeking registration authority as motor carriers [property, passenger, and household goods (HHG)], freight forwarders, and brokers. These listening sessions are the second and third in a series through which the Agency requests information from interested parties concerning potential test topics, the relationship between the knowledge testing requirement and the Agency's Unified Registration System (URS) program, and test development and delivery. The sessions will be held at the Mid America Trucking Show (MATS) in Louisville, KY, and the Commercial Vehicle Safety Alliance (CVSA) Workshop in Los Angeles, CA. The previous session was held on January 13, 2014, at the American Bus Association's (ABA) Marketplace conference in Nashville, TN. All comments will be transcribed and placed in the docket referenced above for FMCSA's consideration. The entire days' proceedings are open to the public and will be Webcast with an opportunity provided for on-line comments.

Dates

The listening sessions will be held on Friday, March 28 and Monday, April 7, 2014, from 10:00 to 11:30 a.m. and 1:00 to 3:30 p.m., local time. If all interested participants have had an opportunity to comment, the session may conclude early.

Supplementary Information

I. Background On July 6, 2012, the President signed MAP-21 into law. The new law included certain requirements concerning the registration of motor carriers [property, passenger, and household goods (HHG)], freight forwarders, and brokers. Section 32101 of MAP-21 includes requirements for a written proficiency examination to assess motor carrier registration applicants' knowledge of applicable safety regulations, standards, and orders of the Federal government. Section 32916 includes requirements that applicants for freight forwarder and broker registration authority employ, as an officer, an individual with 3 years of relevant experience who “provides the Secretary with satisfactory evidence of the individuals' knowledge of related rules, regulations, and industry practices.” In consideration of the MAP-21 requirements, the Agency believes that conducting this series of public listening sessions will provide all interested parties the opportunity to share their views on the subject prior to the initiation of a rulemaking. The Agency requests information concerning: Potential test topics (e.g., regulations and industry best practices); the relationship between the knowledge testing requirement and the Agency's August 23, 2013, Unified Registration System (URS) final rule (78 FR 52608); 1 and test development and delivery. 1 The final rule amends FMCSA's regulations to require interstate motor carriers, freight forwarders, brokers, intermodal equipment providers, hazardous materials safety permit applicants, and cargo tank facilities under the Agency's jurisdiction to submit required registration and biennial update information to the Agency via a new electronic online URS. The final rule also establishes fees for the registration system, discloses the cumulative information to be collected in the URS, and provides a centralized cross-reference to existing safety and commercial regulations necessary for compliance with the registration requirements. FMCSA asks listening session participants to consider the following questions in preparing to make comments at the listening session: • Should the exam be limited to the applicable FMCSA regulations or include both the regulations and industry best practices? • If the exam covers industry best practices, what specific best practices should be included on the exam? • What industry best practices manuals/publications are available for new entrants to study prior to taking a proficiency exam? • Are private-sector training courses available to teach new entrants industry best practices? • Should FMCSA limit the exam to company officers or employees responsible for safety and compliance, or should the Agency allow safety consultants to complete the exam on behalf of the new entrant? • Should the test results be linked to specific individuals identified on the registration application with a requirement that the new entrant entity have a “certified” individual who passed the exam in a position responsible for safety and compliance? And should the new entrant be required to update their registration information whenever these individuals are replaced or reassigned during the new entrant monitoring/oversight period? • MAP-21 requires freight forwarders and brokers to renew their registration authority every 5 years. Should the new entrant testing rule require a new test (i.e., recertification test) to accompany the freight forwarder or broker renewal application? • Should the FMCSA develop and deliver the test directly to the new entrant applicants, or should the Agency rely on a private sector entity to handle the testing, with the results being transmitted directly to FMCSA? • Do private sector companies or organizations currently conduct testing concerning industry best practices? • Should the testing be conducted at testing centers, or should FMCSA allow on-line testing? II. Meeting Participation and Information FMCSA Seeks From the Public The listening session is open to the public. Speakers should try to limit their remarks to 5 minutes. No preregistration is required. Attendees may submit material to the FMCSA staff at the session for inclusion in the public docket referenced at the beginning of this notice. III. Webcasting of the Listening Session FMCSA will webcast the listening session on the Internet. Information on how to participate via the Internet will be posted on the FMCSA Web site at www.fmcsa.dot.gov in advance of the listening session. FMCSA will docket the transcripts of the webcast, and a separate transcription of the listening session will be prepared by an official court reporter. Dated: February 27, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014-05027 Filed 3-7-14; 8:45 am]