Motor Carrier Safety Advisory Committee Public Meeting

Larry W. Minor
Federal Motor Carrier Safety Administration
Federal Register
March 4, 2011

[Federal Register: March 4, 2011 (Volume 76, Number 43)]
[Notices]               
[Page 12214-12215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr11-148]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

 
Motor Carrier Safety Advisory Committee Public Meeting

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice: Announcement of Motor Carrier Safety Advisory Committee 
meeting; request for comment.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces that its Motor Carrier Safety Advisory Committee (MCSAC) will 
hold a public meeting on March 31 and April 1, 2011, in Louisville, 
Kentucky. Discussion will focus on Patterns of Safety Violations by 
Motor Carrier Management (Committee Task 11-01), which was begun at the 
December 2010 meeting. The meeting will be held as part of the Mid 
America Trucking Show and will be open to the public for oral comment.

DATES: March 31, 2011, 8:30 a.m. to 4 p.m., ET. The last hour of the 
day will be reserved for public comment.
    April 1, 2011, 10 a.m. to 2 p.m., ET. The public may comment 
throughout the meeting.

ADDRESSES: Thursday, March 31, 2011: Galt House Hotel, 1400 N. Fourth 
Street, Louisville, KY 40202. Willow Room, 3rd Floor, Rivue Tower. 
Friday, April 1, 2001: Kentucky Exposition Center (KEC), 937 Phillips 
Lane, Louisville, KY 40209. South Wing, Lobby B, Meeting Room C-101.
    You may submit written comments identified by Docket ID Number 
FMCSA-2006-26367 by March 23, 2011, using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday 
through Friday except Federal holidays.
    Fax: 202-493-2251.
    Do not submit the same comment by more than one method. To allow 
effective public participation before the comment period deadline, 
FMCSA encourages use of the Web site listed above (Federal eRulemaking 
Portal: http://www.regulations.gov).

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Adviser 
to the Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, (202) 385-2395, mcsac@dot.gov.

SUPPLEMENTARY INFORMATION: 

Motor Carrier Safety Advisory Committee

    Section 4144 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 
109-59, 119 Stat. 1144, Aug. 10, 2005) required the Secretary of 
Transportation to establish a Motor Carrier Safety Advisory Committee. 
The Committee provides advice and recommendations to the FMCSA 
Administrator on motor carrier safety programs and regulations and 
operates in accordance with the Federal Advisory Committee Act (5 
U.S.C. App. 2).

Patterns of Safety Violations Task (MCSAC Task 11-01)

    Section 4133 of SAFETEA-LU allows the Secretary to suspend, amend, 
or revoke any part of a motor carrier's registration if the Secretary 
finds that any individual, while serving as an officer of that motor 
carrier, engages or has engaged in a pattern or practice of avoiding 
compliance, or masking or otherwise concealing noncompliance, with the 
Federal Motor Carrier Safety Regulations and/or Hazardous Materials 
Regulations. Section 4133 defines an officer as ``an owner, director, 
chief executive officer, chief financial officer, safety director, 
vehicle maintenance supervisor, and driver supervisor of a motor 
carrier, regardless of title attached to these functions, and any 
person, however designated, exercising controlling influence over the 
operations of a motor carrier.''
    Under MCSAC Task 11-01, FMCSA requests that the Committee identify 
concepts and ideas the Agency should consider in developing standards 
for Patterns of Safety Violations by Motor Carrier management to assist 
the Agency with implementing the requirements of section 4113 of 
SAFETEA-LU. In addition to providing suggestions on definitions and 
standards of what

[[Page 12215]]

constitutes a pattern of safety violations, the Committee is encouraged 
to offer suggestions to the Administrator regarding: (1) Which company 
officials should be included under the definition of ``officer,'' and 
(2) how to ensure that officers responsible for safety violations or 
their concealment are subjected to appropriate penalties and sanctions 
under the new system mandated by SAFETEA-LU. In developing its 
recommendations, the MCSAC should consider principles of due process, 
including whether additional enforcement and legal staff resources are 
needed to address the volume of cases and appeals.
    The MCSAC began deliberations on these issues at its December 2010 
meeting and will complete action on the Patterns of Safety Violations 
task during the forthcoming meeting. Following the meeting, which may 
include presentations by experts, the Committee anticipates completion 
of a letter report to the Administrator.

    Issued on: February 28, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-4968 Filed 3-3-11; 8:45 am]
BILLING CODE 4910-EX-P