Sec. 5203. GUIDANCE
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## SEC. 5203 GUIDANCE **[**[49 U.S.C. 113 note](/us/usc/t49/s113)**]** ###
(a)In general ####
(1)Date of issuance and point of contact 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. ####
(2)Public accessibility #####
(A)In general 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. #####
(B)Redaction 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. ####
(3)Incorporation into regulations 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. ####
(4)Reissuance If a guidance document is not incorporated into regulations in accordance with paragraph (3), the Administrator shall— #####
(A)reissue an updated version of the guidance document; and #####
(B)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. ###
(b)Initial Review Not later than 1 year after the date of enactment of this Act, the Administrator shall review all guidance documents issued by the Federal Motor Carrier Safety Administration and in effect on such date of enactment 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). ###
(c)Regular Review ####
(1)In general 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— #####
(A)consistent and clear; #####
(B)uniformly and consistently enforced; and #####
(C)still necessary. ####
(2)Notice and comment 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. ####
(3)Report #####
(A)In general 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. #####
(B)Contents A report under subparagraph
(A)shall include a summary of the response of the Administration to comments received under paragraph (2). ###
(d)Guidance Document Defined In this section, the term “guidance document” means a document issued by the Federal Motor Carrier Safety Administration that— ####
(1)provides an interpretation of a regulation of the Administration; or ####
(2)includes an enforcement policy of the Administration available to the public.
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