81 FR 74862 - Motor Carrier Safety Assistance Program Multiyear Plans

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range		74862-74864
FR Document		2016-25980

The Fixing America's Surface Transportation (FAST) Act requires the Secretary to prescribe procedures for a State to submit multiple-year plans for the Motor Carrier Safety Assistance Program (MCSAP) grants. FMCSA seeks information to improve development and implementation of multiple-year plans.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74862-74864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25980]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0325]


Motor Carrier Safety Assistance Program Multiyear Plans

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice: Request for comments.

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SUMMARY: The Fixing America's Surface Transportation (FAST) Act 
requires the Secretary to prescribe procedures for a State to submit 
multiple-year plans for the Motor Carrier Safety Assistance Program 
(MCSAP) grants. FMCSA seeks information to improve development and 
implementation of multiple-year plans.

DATES: Responses to these questions must be received on or before 
November 28, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0325 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line 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., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the

[[Page 74863]]

ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year. If you want acknowledgment that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Liberatore, Chief, State 
Programs Division, FMCSA, (202) 366-3030 or by email at 
Thomas.Liberatore@dot.gov. Office hours are from 8:00 a.m. to 5:00 
p.m., E.T., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0325), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so the Agency can contact you if it has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number, ``FMCSA-2016-0325'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert the docket number, ``FMCSA-2016-0325'' in the ``Keyword'' box 
and click ``Search.'' Next, click ``Open Docket Folder'' button and 
choose the document listed to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

Background

    As prescribed in the FAST Act, the goal of the MCSAP is to ensure 
that there is a partnership to establish programs to improve motor 
carrier, commercial motor vehicle (CMV), and driver safety to support a 
safe and efficient surface transportation system. MCSAP makes targeted 
investments to promote CMV safety, including the transportation of 
passengers and hazardous materials. FMCSA encourages the States and 
Territories to invest in activities likely to maximize reductions in 
the number and severity of CMV crashes and fatalities resulting from 
such crashes. This is accomplished by adopting and enforcing effective 
motor carrier, CMV, and driver safety regulations and practices 
consistent with Federal requirements, assessing and improving statewide 
performance by setting program goals, and meeting performance 
standards, measures, and benchmarks.
    Since Fiscal Year (FY) 1983, the Federal Highway Administration 
(FHWA), FMCSA's predecessor agency, or FMCSA have awarded MCSAP funds 
annually to the States after submission of a satisfactory Commercial 
Vehicle Safety Plan (CVSP). Pursuant to FMCSA regulation, CVSPs are due 
to the Agency on August 1 of the fiscal year preceding the requested 
funds.
    Often safety initiatives can only be properly evaluated after 
lengthy implementation periods. The removal of the annual CVSP 
requirement is intended to provide States/Territories with additional 
flexibility to continue these initiatives for a longer period, such 
that funding can be appropriate requested and CMV crash reduction 
benefits can be documented. In addition, the use of multiple-year plans 
will reduce the States'/Territories' administrative burdens associated 
with submitting the plan each year. With implementation of multi-year 
plans, an annual, full submission of the CVSP will no longer be 
required. Only annual data and budget updates might be needed, 
depending on changes in the States'/Territories' operations and/or 
annual MCSAP funding allocation.
    It is noted that the period of performance for MCSAP grants did not 
change under the FAST Act, so MCSAP funding will continue to be 
available to the State/Territory for the fiscal year of award and for 
the next fiscal year.
    FMCSA codified the FAST Act changes to remove the annual 
requirements for the plan in the final rule titled, ``Amendments to 
Implement Grants Provisions of the Fixing America's Surface 
Transportation Act.'' This rule was published in the Federal Register 
on October 14, 2016 [81 FR 71002].
    Additionally, the FAST Act requires that FMCSA publish each 
approved State/Territory multiple-year plan, and each annual update 
thereto, on a publically accessible Internet Web site of the Department 
of Transportation not later than 30 days after the date the Secretary 
approves the plan or update. 49 U.S.C. 311029(c)(3).

Questions

    To assist FMCSA in developing the information technology system, 
form, and procedures for submission of a multiple-year plan, FMCSA 
requests information primarily from the MCSAP agencies responsible for 
developing and submitting the plan in response to the following 
questions:
    1. How many years should a multi-year plan cover (i.e., 2 years, 3 
years, 5 years, etc.)? Please explain and provide a rationale for the 
specific length of time between full plans.
    2. Should the length (e.g., 2 years, 3 years, etc.) of a multi-year 
plan be fixed for all States/Territories or should States/Territories 
be able to vary the length? Please explain.
    3. How many years long is the State's Strategic Highway Safety Plan 
(SHSP)? Should the CVSP be aligned with length of the SHSP? Please 
explain.
    4. Can your State/Territory provide complete and accurate data to 
support a performance-based, multi-year plan? If so, how many years?

[[Page 74864]]

    5. What data elements, certifications, and documents required under 
49 CFR part 350 should be revised from or added to the current CVSP 
format to capture multiple years (e.g., State certification, etc.)? 
Please explain how they should be revised.
    6. Would your State/Territory be confident submitting a multi-year 
plan knowing that FMCSA's program authorizations (i.e., U.S. 
Congressional legislation that continues one or more programs) are 
expiring in the next year? Two Years? If so or if not, please explain.
    7. Should a State/Territory be required to submit a full 
application on Grants.gov only once for a multi-year plan or annually? 
Please explain.
    8. Should FMCSA institute the multi-year CVSP at one time for all 
States/Territories, or is a phased-in approach, with a proportionate 
number of States submitting such plans over the time period of the 
multi-year plan (e.g., half of States over a two-year plan, a third of 
States for a three-year plan, etc.), be a more advantageous 
implementation method? Please explain.
    9. Are there other factors, concerns and/or elements that FMCSA 
should consider in the implementation of multi-year plans? Please 
provide specifics regarding these additional considerations.
    10. In moving to a multi-year CVSP with annual updates, in order to 
enhance usability of the electronic CVSP (eCVSP) application, what 
additional features should FMCSA add? Please be specific in providing 
recommendations for additional features.
    11. FMCSA is considering requiring certain CVSP data fields to be 
validated or updated annually. Examples of such data fields include 
prior-year activity objectives, current-year activity goals, current-
year spending plans, etc. What additional data fields do you believe 
should be updated annually and why?
    12. Should the annual update be a mechanism within the eCVSP tool's 
multi-year CVSP or a completely separate module with the eCVSP tool? 
Please explain.
    13. What data elements and documents should be revised from, or 
added to, the current CVSP format to capture the annual update? Please 
explain how they should be revised.
    14. Should the FMCSA require States/Territories to provide detailed 
spending plans or only require grantees to estimate their costs 
utilizing the SF-424A budget categories for the multi-year plan and 
annual update in the eCVSP tool? Please explain how your preference 
would enhance the CVSP planning process.
    After consideration of the information received in response to this 
notice, FMCSA will prescribe the procedures required by the FAST Act 
through a future Federal Register notice.

    Issued on: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25980 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-EX-P

74862 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Notices

request, the military’s training and establish their own administrative (3) Participating SDLAs may establish
licensing programs could be accepted as procedures to implement the their own requirements and
SDLA programs; i.e., military licenses exemption, e.g., policies for acceptable administrative procedures for verifying
could be treated as equivalent to a CDL. documentation showing that the the eligibility of applicants.
The Advocates pointed out that the applicant has received the required Issued on: October 20, 2016.
current skills test exemption in § 383.77 military heavy-vehicle operation T.F. Scott Darling, III,
requires applicants to provide evidence training, and has been employed in the
that they were regularly employed Administrator.
past year in a position requiring such
within the last 90 days in a military [FR Doc. 2016–25965 Filed 10–26–16; 8:45 am]
duties.
position requiring the operation of a Although Missouri used the term BILLING CODE 4910–EX–P
CMV. Advocates expressed concern that ‘‘veterans’’ in its application, to add
the Missouri DOR application did not clarity and be consistent with similar
include a similar experience DEPARTMENT OF TRANSPORTATION
programs, we have expanded the
requirement for ex-military personnel eligibility to include ‘‘current or former Federal Motor Carrier Safety
seeking a knowledge test exemption. members of the military services
Such a requirement should be included Administration
(including Reserve and National Guard
if the Agency grants the application to units), who have been regularly [Docket No. FMCSA–2016–0325]
ensure that the knowledge obtained in employed within the last year in a
the military has not diminished over an Motor Carrier Safety Assistance
military position that requires operation
extended period of time. However, Program Multiyear Plans
of large trucks, and have received formal
Advocates argues that making this military training for that duty.’’ This is AGENCY: Federal Motor Carrier Safety
exemption available to all 50 States and consistent with comments filed by Administration (FMCSA), DOT.
the District of Columbia is a permanent Advocates. ACTION: Notice: Request for comments.
and material revision of Federal
regulations that must be done through VI. FMCSA Decision SUMMARY: The Fixing America’s Surface
formal rulemaking allowing for review FMCSA has evaluated Missouri DOR’s Transportation (FAST) Act requires the
and comment by the public, including application and the public comments Secretary to prescribe procedures for a
SDLAs. and decided to grant the exemption. State to submit multiple-year plans for
V. FMCSA Response FMCSA agrees with the reasons for the the Motor Carrier Safety Assistance
request made by the Missouri DOR. The Program (MCSAP) grants. FMCSA seeks
FMCSA disagrees with the North
two primary reasons were that the information to improve development
Dakota Department of Transportation
training provided by these specialized and implementation of multiple-year
comments that this exemption should
military programs includes many hours plans.
not be granted until there are assurances
that military training in lieu of the State of classroom training, practical skills DATES: Responses to these questions
knowledge tests meets the requirements training, and on-the-road training that must be received on or before November
in 49 CFR 383.111. The training are essential for safe driving. In 28, 2016.
provided by these specialized military addition, the hours of training in these
ADDRESSES: You may submit comments
programs includes many hours of programs is in excess of the training
bearing the Federal Docket Management
classroom training (typically based on proposed in FMCSA’s own entry-level
System (FDMS) Docket ID FMCSA–
FMCSA’s own regulations, including all driver training rule (81 FR 11944, March
2016–0325 using any of the following
of the elements of § 383.111), practical 7, 2016), and is comparable to the skills
methods:
skills training, and on-the-road training, needed to pass the AAMVA CDL test • Federal eRulemaking Portal: Go to
followed by actual driving in support of model. FMCSA has concluded that the www.regulations.gov. Follow the on-line
the military mission. There is no reason exemption would likely achieve a level instructions for submitting comments.
to believe that military training is of safety that is equivalent to or greater • Mail: Docket Management Facility;
deficient compared to the requirements than the level that would be achieved U.S. Department of Transportation, 1200
of § 383.111. FMCSA further disagrees absent such exemption, in accordance New Jersey Avenue SE., West Building
with the Minnesota Department of with § 381.305(a). Ground Floor, Room W12–140,
Motor Vehicle Safety’s suggestion that VII. Terms and Conditions Washington, DC 20590–0001.
in lieu of granting this exemption • Hand Delivery or Courier: West
request, the military’s licensing and The following are the Terms and Building Ground Floor, Room W12–140,
training program should be accepted as Conditions of this exemption: 1200 New Jersey Avenue SE.,
an SDLA program. Such an action (1) SDLAs may, at their discretion, Washington, DC, between 9 a.m. and 5
would first require extensive legal issue CLP/CDLs to qualifying applicants p.m., ET, Monday through Friday,
analysis and would be very complex in as described below, without these except Federal Holidays.
any case. applicants being required to complete • Fax: 1–202–493–2251.
The limited exemption approved the knowledge test required by 49 CFR Each submission must include the
today allows the States to waive the 383.71(a)(2)(ii). Agency name and the docket number for
CDL knowledge test but does not require (2) ‘‘Qualifying applicants’’ must: this notice. Note that DOT posts all
them to do so. The Agency expects few (a) Be current or former members of comments received without change to
SDLAs to participate due to a lack of the military services (including Reserve
sradovich on DSK3GMQ082PROD with NOTICES

www.regulations.gov, including any
demand in their geographical areas and and National Guard units), personal information included in a
the administrative burden involved. (b) Have been regularly employed comment. Please see the Privacy Act
However, because FMCSA cannot within the year prior to application in heading below.
predict which State SDLAs may want to a military position that requires Docket: For access to the docket to
use this exemption, the Agency has operation of large trucks, and read background documents or
made it available to all States. SDLAs (c) Have received formal military comments, go to www.regulations.gov at
that choose to participate will be able to training for that duty. any time or visit Room W12–140 on the

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Document Created: 2016-10-27 01:52:36
Document Modified: 2016-10-27 01:52:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice: Request for comments.
Dates		Responses to these questions must be received on or before November 28, 2016.
Contact		Mr. Thomas Liberatore, Chief, State Programs Division, FMCSA, (202) 366-3030 or by email at [email protected] Office hours are from 8:00 a.m. to 5:00 p.m., E.T., Monday through Friday, except Federal holidays.
FR Citation		81 FR 74862

81 FR 74862 - Motor Carrier Safety Assistance Program Multiyear Plans

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 208 (October 27, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration