[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Notices]
[Pages 69718-69719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27385]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]


Announcement of Renewal of the Motor Carrier Safety Advisory 
Committee Charter; Request for Nominations

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

ACTION: Notice of renewal of advisory committee charter and 
reappointment of members; request for member nominations.

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SUMMARY: FMCSA announces the renewal of the charter for its Motor 
Carrier Safety Advisory Committee (MCSAC) and the reappointment of 13 
of the 15 original members of the Committee, and solicits nominations 
for interested persons in the safety enforcement community to serve on 
the Committee. The MCSAC was mandated by the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users, 
Public Law 109-59; established on September 8, 2006; and, renewed on 
September 8, 2008. The Committee is charged with providing advice and 
recommendations to the FMCSA Administrator on the needs, objectives, 
plans, approaches, content, and accomplishments of Federal motor 
carrier safety programs and Federal motor carrier safety regulations.

DATES: Nominations for the MCSAC must be received on or before December 
4, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Miller, Chief, Strategic 
Planning and Program Evaluation Division, Office of Policy Plans and 
Regulation, (202) 366-1258, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 4144 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 
109-59, August 10, 2005), required the Secretary to establish the 
MCSAC. The Committee provides advice and recommendations to the 
Administrator of FMCSA on the needs, objectives, plans, approaches, 
content, and accomplishments of motor carrier safety programs and motor 
carrier safety regulations. The Committee may be comprised of up to 20 
members appointed by the Administrator for up to two-year terms. They 
are selected from among individuals who are not employees of FMCSA and 
who are specially qualified to serve on the Committee based on their 
education, training, or experience. The members include representatives 
of the motor carrier industry, safety advocates, and safety enforcement 
officials. Representatives of a single enumerated interest group may 
not constitute a majority of the Committee members. The Administrator 
designates a chairman of the Committee from among the members. 
Committee members must not be officers or employees of the Federal 
Government and will serve without pay. The Administrator may allow a 
member, when attending meetings of the Committee or a subcommittee, 
reimbursement of expenses authorized under Section 5703 of Title 5, 
United States Code and the Federal Travel Regulation, 41 CFR Part 301, 
relating to per diem, travel and transportation. FMCSA anticipates 
calling Committee meetings at least four times each year. Meetings will 
be open to the general public, except as provided under the Federal 
Advisory Committee Act (5 U.S.C. App. 2). Notice of each meeting will 
be published in the Federal Register at least 15 calendar days prior to 
the date of the meeting.
    On March 5, 2007, the Administrator appointed motor carrier sector 
representatives John M. Bauer (Kohl's Corporation), Clyde J. Hart 
(American Bus Association), David J. Osiecki (American Trucking 
Associations), Robert G. Petrancosta (Conway Freight), J. Todd Spencer 
(Owner Operators Independent Drivers Association); safety advocacy 
representatives Michael T. Irwin (Michigan Center for Truck Safety), 
Stephen C. Owings (Road Safe America), David R. Parker (Great West 
Casualty Company), Lester B. Sokolowski (National Safety Council), 
Judith Lee Stone (Advocates for Highway and Auto Safety); and safety 
enforcement representatives Michael Greene (Columbia Machine Works, 
Incorporated), Lt. Colonel Terry L. Maple (Kansas Highway Patrol), 
Captain Robert R. Powers (Michigan State Police), Karen Sain (North 
Carolina Highway Patrol), and Roger Vanderpool (Arizona Department of 
Public Safety) to the Committee. Their terms expired on September 30, 
2008.
    On October 1, 2008, the Administrator reappointed motor carrier 
sector representatives John M. Bauer, Clyde J. Hart, David J. Osiecki, 
Robert G. Petrancosta, J. Todd Spencer; safety advocacy representatives 
Michael T. Irwin, Stephen C. Owings, David R. Parker, Lester B. 
Sokolowski, Judith Lee Stone; and, safety enforcement representatives 
Lt. Colonel Terry L. Maple, Captain Robert R. Powers, and Roger 
Vanderpool, for two-year terms, ending September 30, 2010.

II. Motor Carrier Safety Advisory Committee Charter [This is the Text 
of the Charter That the Department of Transportation Filed With the 
General Services Administration on September 8, 2008.]

    1. Purpose: This charter renews the Motor Carrier Safety Advisory 
Committee and provides for its operation in accordance with provisions 
of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C.); 41 
CFR Part 102-3; DOT Order 1120.3B; and Section 4144 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Pub. L. 109-59. The charter also sets forth the principles 
governing the committee's operation.
    2. Scope and Objectives: The committee will provide advice and 
recommendations to the Administrator of the Federal Motor Carrier 
Safety Administration (FMCSA) on motor carrier safety programs and 
motor carrier safety regulations.
    3. Duties: The members of the committee shall:
    a. Attend committee meetings.

[[Page 69719]]

    b. Gather information as necessary to discuss issues presented by 
the Designated Federal Official (DFO).
    c. Deliberate.
    d. Provide written consensus advice to the Administrator.
    4. Support: The Administrator shall provide support staff for the 
committee. On request of the committee, the Administrator shall provide 
information, administrative services, and supplies that the 
Administrator considers necessary for the committee to carry out its 
duties and powers. The FMCSA's Strategic Planning and Program 
Evaluation Division shall furnish support services for the operation of 
the committee.
    5. Designated Federal Officer and Sponsor: The DFO for the 
committee and its subcommittees is FMCSA's Associate Administrator for 
Policy and Program Development or his or her designee. The DFO shall 
designate an independent facilitator for advisory committee meetings. 
The committee sponsor is FMCSA's Director for the Office of Policy 
Plans and Regulation, or his or her designee.
    6. Cost: The annual operating costs associated with the committee's 
functions are estimated to be $150,000 including all direct and 
indirect expenses. We estimate that .25 part-time equivalent positions 
will be required to support the committee.
    7. Membership: The committee shall be comprised of up to 20 members 
(special government employees and/or representatives) appointed by the 
Administrator for up to two-year terms. Members serve at the pleasure 
of the Administrator, subject to their stated terms. Members may be 
reappointed to one or more consecutive terms. Members will be selected 
from among individuals who are not employees of FMCSA and who are 
specially qualified to serve on the committee based on their education, 
training, or experience. The members shall include representatives of 
the motor carrier industry, safety advocates, and safety enforcement 
officials. Representatives of a single enumerated interest group may 
not constitute a majority of the committee. Members may continue to 
serve until appointment of their replacements.
    8. Officers: The Administrator shall designate a chairman among 
members of the committee.
    9. Organization: The chairman may recommend subcommittees subject 
to approval of the Agency. Subcommittees will be established for 
limited purposes within the scope and objectives of the full committee. 
The chairman of any subcommittee shall be a member of the full 
committee and shall be appointed by the full committee chairman with 
the approval of the DFO. Members of a subcommittee may be appointed 
from any source by the full committee chairman with the approval of the 
DFO. Members of a subcommittee do not become members of the full 
committee and are not eligible for expenses under item 10 of this 
charter. Subcommittees will submit all recommendations only to the full 
committee. Subcommittees may be terminated by the full committee 
chairman, subject to approval by the DFO.
    10. Compensation for Members: Committee members are not officers or 
employees of the Federal Government and shall serve without pay; except 
that the Administrator may allow a member, when attending meetings of 
the committee or a subcommittee, reimbursement of expenses authorized 
under Section 5703 of Title 5, United States Code, and the Federal 
Travel Regulation, 41 CFR Part 301, relating to per diem, travel, and 
transportation. All travel by individual members when engaged in 
official committee business shall be approved in advance by the DFO, 
and arranged and funded by the sponsor.
    11. Meetings: The DFO anticipates calling committee meetings at 
least four times each year. The agenda for all meetings shall be set by 
the DFO. Meetings shall be open to the general public, except as 
provided under FACA. Notice of each meeting shall be published in the 
Federal Register at least 15 calendar days prior to the date of the 
meeting. Notice shall include the meeting agenda. The DFO or his or her 
designee shall attend and preside at each meeting. The DFO or his or 
her designee shall adjourn any meeting when determined to be in the 
public interest. Detailed minutes of each meeting shall be certified by 
the DFO or his or her designee and maintained by the sponsor. The 
minutes, as certified, shall be available for public inspection and 
copying in the office of the sponsor.
    12. Reports: All committee and subcommittee reports and 
recommendations shall be submitted by the chairman to FMCSA's 
Administrator through the DFO or his or her designee. The DFO or his or 
her designee shall direct the committee to prepare such documents and 
any other reports. Within 60 days following the last meeting of each 
fiscal year, the DFO or his or her designee shall submit to FMCSA's 
Administrator an annual report describing the committee's membership, 
activities, and accomplishments for the year. Committee and 
subcommittee reports and other documents, which are made available to 
or prepared by the committee, shall be included in FMCSA's public 
docket and shall be available for public inspection and copying in 
accordance with the Freedom of Information Act (5 U.S.C. 552).
    13. Date of Termination: The committee shall terminate on September 
30, 2010.
    14. Charter Filing Date: The filing date of this charter is 
September 8, 2008, which is also the charter's effective date. The 
Motor Carrier Safety Advisory Committee will terminate two years after 
this date unless prior to that time the charter is extended in 
accordance with the FACA and other applicable requirements.

III. Request for Nominations

    FMCSA seeks nominations for membership to MCSAC from 
representatives of the safety enforcement sector with specialized 
experience, education, or training in commercial motor vehicle issues; 
there are two vacancies. The Agency is committed to appointing members 
to the Committee with diverse professional backgrounds, as well as a 
broad array of gender, ethnicity, demographic, and socioeconomic 
factors. All Committee members must be able to attend three to four 
meetings each year in Washington, DC, or by teleconference, and spend 
approximately five to six hours each month providing additional 
consultation. Interested persons should have a commitment to 
transportation safety, knowledge of transportation issues, experience 
on panels that deal with transportation safety and a record of 
collaboration and professional experience in commercial motor vehicle 
issues.
    For nomination information or a nomination application, please 
contact Karen Lynch at 202-366-8997, or by e-mail at 
[email protected]. Nominations must be received on or before December 
4, 2008.

    Issued on: November 7, 2008.
Rose A. McMurray,
Chief Safety Officer, Assistant Administrator.
[FR Doc. E8-27385 Filed 11-18-08; 8:45 am]
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