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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Motor Carrier Safety Advisory Committee Charter

MCSAC’s Charter was renewed on September 27, 2021 and can be found here and below.

1. COMMITTEE’S OFFICIAL DESIGNATION: The committee’s official designation is the Motor Carrier Safety Advisory Committee (MCSAC).

2. AUTHORITY: The Committee is renewed as a discretionary committee under the authority of the U.S. Department of Transportation (DOT), established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2. The formation and use of MCSAC are determined to be in the public interest.

3. OBJECTIVES AND SCOPE OF ACTIVITIES: The Federal Motor Carrier Safety Administrator, or his or her designee, shall present MCSAC with tasks on matters relating to motor carrier safety. The Committee will provide advice and recommendations to the Secretary of Transportation (the Secretary) through the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) about needs, objectives, plans, approaches, content, and accomplishments of the motor carrier safety programs carried out by the Administration and motor carrier safety regulations.

4. DESCRIPTION OF DUTIES: The committee is advisory only. Duties include the following:

    1. Gathering information as necessary to discuss issues presented by the Designated Federal Officer (DFO);

    1. Deliberating on issues relevant to commercial motor vehicle safety; and

    1. Providing written consensus advice to the Secretary through FMCSA Administrator

5. AGENCY/OFFICIAL TO WHOM THE COMMITTEE REPORTS: The Committee shall report to the Secretary of Transportation through FMCSA Administrator. The Administrator is the sponsor and evaluates the recommendations produced by the Committee.

6. SUPPORT: The FMCSA’s Office of Policy will provide necessary funding, logistics, and administrative support for the committee.

7. ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS: The annual operating costs associated with the Committee’s functions are estimated to be $150,000 including all direct and indirect expenses. The cost estimate includes 1.2 full-time equivalent positions that are required to support the Committee.

8. DESIGNATED FEDERAL OFFICER (DFO) AND SPONSOR

    1. The DFO for the Committee is FMCSA’s Associate Administrator for Policy or his or her designee.

    1. The DFO will approve or call all Committee and subcommittee meetings, prepare and approve all meeting agendas, attend all Committee and subcommittee meetings, adjourn any meetings when he or she determines adjournment to be in the public interest, and chair meetings when directed to do so by the Secretary.

9. ESTIMATED NUMBER AND FREQUENCY OF MEETINGS: Committee meetings will be held approximately twice a year. As necessary, the DFO may call subcommittee meetings.

10. DURATION: Continuing.

11. TERMINATION: The committee will terminate 2 years from the charter filing date unless the charter is renewed in accordance with FACA.

12. MEMBERSHIP AND DESIGNATION

    1. The committee shall comprise no more than 25 members appointed by the Secretary for up to 2-year terms.

    1. Members serve at the pleasure of the Secretary. The Secretary may extend appointments and may appoint replacements for members who have resigned outside a stated term, as necessary.

    1. The Secretary may reappoint members.

    1. The members shall include representatives of the motor carrier industry, safety advocates, safety enforcement officials, and nonprofit employee labor organizations representing commercial motor vehicle drivers. Individuals appointed solely for their expertise will be appointed as special government employees (SGEs). No single interest group may constitute a majority of the committee.

    1. To ensure that the recommendations of the Committee have considered the needs of diverse groups served by the Department, membership shall include, to the extent practicable, individuals and/or organizations to represent persons with disabilities, as well as diversity of gender; geographic area; race and ethnicity; expertise; diversity of work sector; and other factors to achieve the most diverse and comprehensive points of view.

    1. Members may continue to serve until their replacements have been appointed.

    1. The Secretary shall designate a chair and vice chair from among members of the committee. They will serve 2-year nonrenewable terms. The vice chair will succeed the chair at the end of the term.

13. SUBCOMMITTEES: The FMCSA Administrator shall be authorized to establish subcommittees. Subcommittees shall not work independently of the chartered MCSAC and shall report their recommendations and advice to the full MCSAC for deliberation and discussion. Subcommittees must not provide advice or work products directly to FMCSA or DOT.

14. RECORDKEEPING: The records of the Committee, formally and informally established subcommittees, or other subgroups of the Committee, shall be handled in accordance with General Records Schedule 6.2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. § 552.

15. FILING DATE: This charter is effective September 27, 2021, which is the filing date of this renewed charter. The charter will expire 2 years after this date unless sooner terminated or renewed.

Last updated: Wednesday, November 3, 2021