,,ii  #aadth ,,congress  #ast ,session  
,s4 #affi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bd1     
#bjae ,mrs4 ,fischer introduced the     
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to reform the ,federal    
,motor ,carrier ,safety ,administration4
  #a4 ,short title ,this ,act may be    
cited as the ,trucking ,rules ,updated  
by ,comprehensive and ,key ,safety      
,reform ,act or the ,,truck ,safety     
,reform ,act4  #b4 ,quinquennial review 
of rules1 guidance1 regulations1 and    
enforcement policies  7a7 ,review ,not  
less frequently than once every #e      
years1 the ,administrator of the        
,federal ,motor ,carrier ,safety        
,administration 7referred to in this    
,act as the ,,fmcsa7 shall conduct a    
comprehensive review of its rules1      
regulations1 regulatory guidance1 and   
enforcement policies4  7b7 ,schedule ,at
 the beginning of each #e-year review   

period1 the ,administrator shall publish
 a schedule that--  7#a7 describes the  
order in which the ,,fmcsa will review  
regulations and enforcement policies2   
and  7#b7 sets forth the work plan      
timeframe for completing the full review
 within #e years4  7c7 ,notification of 
changes ,during each review period1 the 
,administrator shall address any changes
 to the schedule published pursuant to  
subsection 7b7 and notify the public of 
such changes4  7d7 ,report ,at the      
conclusion of each review under         
subsection 7a71 the ,administrator shall
 post a report on a publicly accessible 
website that includes--  7#a7 an        
inventory of technical rules and        
guidance issued during the previous     
#e-year period2  7#b7 the full details  
of the review conducted under this      
section2  7#c7 a determination of       
whether the regulations and enforcement 
policies under the jurisdiction of the  
,,fmcsa are--  7,a7 consistent and      
clear2  7,b7 current and consistent with

 the state of the motor carrier         
industry2 and  7,c7 uniform and         
consistently enforceable2 and  7#d7 a   
statement indicating whether guidance   
from the ,administration is still       
necessary4  7e7 ,rulemaking ,not later  
than #bd months after the completion of 
each review under this section1 the     
,administrator shall amend the          
regulations and enforcement policies    
under the jurisdiction of the ,,fmcsa to
 ensure that such regulations and       
enforcement policies are consistent and 
uniform4  #c4 ,guidance ,section #caacf 
of title #di1 ,united ,states ,code1 is 
amended by adding at the end the        
following3  7g7 ,regulatory guidance    
7#a7 ,publication ,the ,secretary1 in   
consultation with the ,administrator of 
the ,federal ,motor ,carrier ,safety    
,administration 7referred to in this    
section as the ,administrator71 shall   
publish all newly issued or reissued    
regulatory guidance and interpretations 
in the ,federal ,register on the date of

 issuance4  7#b7 ,reissuance ,if the    
,administrator1 in a review conducted   
pursuant to section #b of the ,,truck   
,safety ,reform ,act1 determines that   
guidance issued by the ,administration  
has not been incorporated into a        
regulation1 such guidance shall cease to
 be effective on the date that is #bd   
months after the conclusion of such     
review unless the ,administrator        
reissues the guidance by publishing the 
guidance in the ,federal ,register with 
the date on which the guidance was last 
revised and contact information for an  
official at the ,administration who can 
answer questions about the guidance4    
7h7 ,medical guidance  7#a7 ,in general 
,except as provided under paragraph     
7#b71 the ,administrator shall conduct a
 formal notice and comment process when 
issuing medical guidance4  7#b7 ,public 
health emergencies  7,a7 ,in general    
,the ,administrator may use informal    
rulemaking when issuing medical guidance
 that is directly related to a public   

health emergency4  7,b7 ,consultation   
,in determining whether a public health 
emergency necessitates informal         
rulemaking1 the ,administrator shall    
consult with the ,secretary of ,health  
and ,human ,services and the ,centers   
for ,disease ,control4  4  #d4          
,regulations1 advanced notice of        
proposed rulemaking1 and negotiated     
rulemakings ,section #caacf of title    
#di1 ,united ,states ,code1 as amended  
by section #c1 is further amended by    
adding at the end the following3  7i7   
,regulatory evaluations ,when analyzing 
the impact of regulations and           
enforcement policies1 the ,administrator
 shall-- 7#a7 specify how the           
,administration will evaluate future    
rules2 and  7#b7 allow stakeholders to  
comment on why performance-based targets
 would be preferable to a proposed      
regulation4  7j7 ,cost-,benefit         
,analysis  7#a7 ,in general ,before     
promulgating any new regulation on or   
after the date of the enactment of the  

,,truck ,safety ,reform ,act1 the       
,administrator shall include1 within the
 ,administration's cost-benefit         
analysis1 a wider selection and scope of
 motor carriers4  7#b7 ,scope ,the      
analysis conducted under this           
subsection-- 7,a7 shall be based upon   
data generated from a statistically     
significant and representative sample of
 commercial vehicle operators1 motor    
carriers1 or both1 that will be covered 
under the proposed regulation2  7,b7    
shall focus on examining commercial     
truck and bus carriers of all sizes1    
various operation types and sectors1    
including various types of commercial   
busses1 long haul1 regional1 short-haul1
 flat-bed1 dry-van1 refrigerated1       
various commercial busses and tank      
operations to the extent appropriate and
 practicable2 and  7,c7 shall be subject
 to independent peer review1 to the     
maximum extent practicable1 by a        
balanced panel of individuals with      
relevant areas of expertise suitable for

 the review being conducted1 including  
statistical expertise4  7#c7 ,waiver    
,this subsection shall not apply if the 
,administrator1 for good cause1 finds   
7and incorporates the finding and a     
brief statement of reasons for such     
finding in the final rule7 that         
conducting the cost-benefit analysis    
described in paragraph 7#b7 would be    
impracticable1 unnecessary1 or contrary 
to the public interest4  7k7 ,request   
for comment  7#a7 ,in general ,before   
promulgating a ,notice of ,proposed     
,rulemaking1 in accordance with section 
#eec of title #e1 that is reasonably    
likely to lead to the promulgation of a 
major rule 7as defined in section #hjd  
of such title71 the ,administrator of   
the ,federal ,motor ,carrier ,safety    
,administration shall--  7,a7 issue an  
,advance ,notice of ,proposed           
,rulemaking2  7,b7 determine whether a  
negotiated rulemaking is necessary2 or  
7,c7 otherwise publish a request for    
comment in the ,federal ,register1      

seeking ideas and data to inform the    
formulation of a potential proposed     
rule4  7#b7 ,requirements ,each ,advance
 ,notice of ,proposed ,rulemaking or    
,negotiated ,rulemaking issued under    
paragraph 7#a7 shall--  7,a7 identify   
the compelling public concern for a     
potential regulatory action1 such as    
material failures of private markets to 
protect or improve the safety of the    
public1 the environment1 or the         
well-being of the ,american people2     
7,b7 identify and request public comment
 on the best available science or       
technical information on the need for   
regulatory action and on the potential  
regulatory alternatives2  7,c7 request  
public comment on the benefits and costs
 of potential regulatory alternatives   
reasonably likely to be included or     
analyzed as part of the notice of       
proposed rulemaking2  7,d7 request      
public comment on the available         
alternatives to direct regulation1      
including providing economic incentives 

to encourage the desired behavior2 and  
7,e7 request data on how safety will be 
quantifiably improved by the regulation4
  7#c7 ,waiver ,this subsection shall   
not apply if the ,administrator1 for    
good cause1 finds 7and incorporates the 
finding and a brief statement of reasons
 for such finding in the final rule7    
that an ,advance ,notice of ,proposed   
,rulemaking is impracticable1           
unnecessary1 or contrary to the public  
interest4  7l7 ,feedback  7#a7 ,in      
general ,during the development of      
,advance ,notice of ,proposed           
,rulemaking and ,notice of ,proposed    
,rulemaking1 the ,administrator shall   
notify and receive written feedback from
 the ,transportation ,research ,board at
 the ,national ,academy of ,sciences or 
the ,inspector ,general of the          
,department of ,transportation to       
consider and determine the appropriate  
universe for the various types of       
carriers referred to in subsection      
7k77#b74  7#b7 ,requirements ,if the    

,administrator1 in conducting a         
rulemaking1 does not utilize the        
statistically significant and           
representative sample recommendations   
provided by the ,transportation         
,research ,board or the ,inspector      
,general of the ,department of          
,transportation1 the ,administrator     
shall publish an explanation in the     
,federal ,register of why the data      
collected by the ,administration for the
 cost-benefit analysis required under   
subsection 7k7 meets the statistically  
significant and representative          
requirements under that subsection4     
7#c7 ,certification ,the ,administrator 
shall publish1 in the ,federal          
,register1 a certification that the     
,administration has attempted1 to the   
maximum extent possible1 to consider    
various aspects of the commercial       
trucking and bus industry that are      
impacted by the rule referred to in     
paragraph 7#b7 in the ,administration's 
collection of data for the purposes of  

cost-benefit analysis4  4  #e4          
,petitions and other provisions         
,section #caacf of title #di1 ,united   
,states ,code1 as amended by sections #c
 and #d1 is further amended by adding at
 the end the following3  7m7 ,statutory 
rulemaking and petitions ,the           
,administrator shall-- 7#a7 first       
respond to all statutory requirements   
for rulemaking2  7#b7 prioritize        
stakeholder petitions based on the      
likelihood of safety improvements2  7#c7
 not later than #f months after a       
petition is submitted1 formally respond 
to such petition by--  7,a7 indicating  
whether the ,administration will accept 
or deny the petition2 and  7,b7         
including a safety value assessment1    
prioritization1 and description of the  
policy goals of the ,administration     
related to the subject matter of the    
petition2 and  7#d7 post and maintain an
 inventory of all petitions received by 
the ,administration1 including          
information about the disposition of    

such petitions1 on a publicly accessible
 website4  4  #f4 ,savings provision    
,nothing in the amendments made by      
section #c through #e may be construed  
to limit the contents of any ,advance   
,notice of ,proposed ,rulemaking4