Federal Motor Carrier Safety Administration

59. Commercial Driver's License Standards; Biometric Identifier

60. Qualification of Drivers; Vision

61. Federal Motor Carrier Safety Regulations; General Transportation of Hazardous Materials

62. Minimum Training Requirements for Operators and Training Instructors of Multiple Trailer Combination Vehicles

63. Training for Entry-Level Drivers of Commercial Motor Vehicles

64. Commercial Driver Physical Fitness As Part Of The CDL Process

65. Railroad-Highway Grade Crossing Safety

66. Unified Registration System

67. Hours of Service of Drivers; Drivers Rest and Sleep for Safe Operations

68. English Language Requirement; Qualifications of Drivers

69. Transportation of Household Goods; Consumer Protection Regulations

70. Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Minicipalities and Commercial Zones on the U.S.-Mexico Border

71. Safety Monitoring System and Compliance Initiative for Mexican Motor Carriers Operating in the United States

72. General Requirements; Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers

73. Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications and Penalties

74. Post Accident Controlled Substances and Alcohol Test Results; Reporting Requirements for the Fatality Analysis Reporting System

75. Safety Requirements for Operators of Small Passenger Carrying Commercial Motor Vehicles Used in Interstate Commerce

76. Interstate School Bus Safety

77. New Entrant Safety Assurance Process

78. Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

79. Parts and Accessories Necessary for Safe Operation; Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSSs)

80. Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement

81. Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers

82. Hazardous Material Route Plans

83. Hours of Service of Drivers; Supporting Documents

84. Registration Enforcement

Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

59. 

Commercial Driver's License Standards; Biometric Identifier

Red

Popular Title: CDL - Biometric Identifier

RIN 2126-AA01

Stage: NPRM

Previous Stage: ANPRM: Publication Date 5/15/89; End of Comment Period 7/14/89.

Summary: The Truck and Bus Regulatory Reform Act of 1988 required the DOT Secretary to issue regulations establishing minimum uniform standards for a biometric identification system for commercial motor vehicle (CMV) operators. In 1989, the agency (then the Federal Highway Administration) published an ANPRM to request comments on a pilot demonstration project using biometric identifiers that included retinal eye scans and fingerprint technologies. After considering comments to the ANPRM, the FHWA determined that technology had not progressed to the point where a nationwide identification system could be cost-effective and provide the benefits for which a system was intended. In 1991 the FHWA published a Notice of Information summarizing the results of the pilot study and the comments to demonstrate how the technologies studied fell short of the demands in the commercial licensing environment at the time. Section 4011(c) of the TEA-21, 49 USC 31308 amended, requires each commercial driver's license (CDL) issued by the States after January 1, 2001, to have unique identifiers (which may include biometric identifiers). The FMCSA established a pilot study to collect over 16,000 sample digital facial images and sets of fingerprints from volunteers in California, Georgia and West Virginia. California provided the lead for this study. The pilot study has been completed, and the contractor is finalizing the study results. The final report is expected in November 2002.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final rule : 12/31/1990

Rulemaking Project Initiated: 11/18/1988

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/14/2003
To OMB	08/14/2003
OMB Clearance	11/14/2003
Publication Date	11/28/2003

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

60. 

Qualification of Drivers; Vision

Green

Popular Title: CDL; Vision

RIN 2126-AA05

Stage: NPRM

Previous Stage: ANPRM: Publication Date 2/28/92; End of Comment Period 4/28/92; Request for Comments: Publication Date 6/05/96; Interim Final Rule: Publication Date12/08/98; End of Comment Period 2/08/99.

Summary: As part of a review of the medical qualification standards applicable to interstate CMV drivers, the agency (then the Federal Highway Administration) requested comments on the need, if any, to amend its driver qualification requirements relating to the vision standard. A temporary waiver program was initiated and was concluded on March 31, 1996, to permit the FHWA to observe and collect data on the driving experience of a group of vision-deficient drivers who meet certain preconditions. The agency considered further research to develop comprehensive performance-based visual standards for all commercial drivers. Information about the proposed research plan and public hearing on the subject was published in the Federal Register on June 5, 1996, at 61 FR 28547. The FMCSA entered into a contract with a medical center to develop medically-based recommendations for amending the current Federal vision requirements. Recommendations were delivered in October 1998. The FMCSA is further evaluating and considering these recommendations to decide what, if any, further proposals should be made concerning the vision standard. Based on the findings of the medical panel, the FMCSA anticipates publishing an NPRM to amend its regulation governing the visual field requirement in the vision standard. Section 4007 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) enacted effective June 9, 1998, changes the agency's authority to issue waivers and exemptions. Procedures to implement the new authority were published on December 8, 1998 (63 FR 67600). FMCSA is now considering all requests for exemptions from the vision requirements in the Federal Motor Carrier Safety Regulations.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/01/1991

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/15/2003
To OMB	03/15/2003
OMB Clearance	06/15/2003
Publication Date	06/30/2003
End of Comment Period	08/30/2003

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

61. 

Federal Motor Carrier Safety Regulations; General Transportation of Hazardous Materials

Red

Popular Title: General Transportation of HM

RIN 2126-AA07

Stage: Undetermined

Previous Stage: NPRM: Publication Date 6/17/93; End of Comment Period 8/16/93.

Summary: This rulemaking would implement the statutory requirements of 49 USC 5109 and 49 USC 5105. Section 5109 addresses the establishment of motor carrier safety permit regulations for motor carriers transporting Class A or B explosives, liquefied natural gases, hazardous materials designated as extremely toxic by inhalation, or highway route controlled quantity radioactive materials. Section 5105 requires inspection of vehicles transporting those radioactive materials before each trip. The rulemaking would incorporate those provisions into the safety permit regulations.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final Rule: : 11/15/1991

Rulemaking Project Initiated: 11/16/1990

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

62. 

Minimum Training Requirements for Operators and Training Instructors of Multiple Trailer Combination Vehicles

Red

Popular Title: Training Rule

RIN 2126-AA08

Stage: NPRM

Previous Stage: ANPRM: Publication Date 01/05/1993; End of Comment Period 3/16/1993.

Summary: This rulemaking would establish minimum training requirements for operators of multiple trailer combination vehicles and the instructors who train these operators. This rulemaking is mandated by the Intermodal Surface Transportation Efficiency Act.

Effects:

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline:

Final Rule : 12/18/1993

Rulemaking Project Initiated: 12/18/1991

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/15/2002	08/15/2003
To OMB	09/15/2002	09/15/2003
OMB Clearance	12/15/2002	12/15/2003
Publication Date	12/31/2002	12/31/2003

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

63. 

Training for Entry-Level Drivers of Commercial Motor Vehicles

Red

Popular Title: Training for Entry-Level Drivers

RIN 2126-AA09

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 6/21/93; End of Comment Period 8/20/93; Report to Congress 2/05/96; Notice of Availability of Report 4/25/96.

Summary: This rulemaking will examine the need to require training of all entry-level drivers of commercial motor vehicles. FMCSA has submitted a report to Congress (2/05/96) on the effectiveness of private sector efforts to ensure adequate training of all entry-level drivers. This report included a cost-benefit study of requiring training of entry-level drivers. Public comments have been solicited on the report.

Effects:

None

Prompting action: Statute

Legal Deadline:

Complete NPRM : 12/18/1992 Complete Final Rule : 12/18/1993

Rulemaking Project Initiated: 12/18/1991

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

64. 

Commercial Driver Physical Fitness As Part Of The CDL Process

Green

Popular Title: Physical Fitness - CDL Process

RIN 2126-AA10

Stage: NPRM

Previous Stage: ANPRM: Publication Date 7/15/94; End of Comment Period 11/4/94.

Summary: This rulemaking would include the certification of fitness to operate a CMV in the commercial driver's license (CDL) process. Incorporating the commercial driver fitness determination into State-administered CDL procedures could allow elimination of the requirement that CMV drivers carry a separate medical certificate. The CDL would be evidence that the CMV driver is physically fit as well as operationally qualified to operate CMVs safely. This action addresses the driver's physical qualifications as they relate to the CDL process; it does not address whether those standards are correct or should be changed.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 07/15/1993

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/30/2002
To OMB	11/01/2002
OMB Clearance	02/01/2003
Publication Date	02/15/2002
End of Comment Period	04/15/2003

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

65. 

Railroad-Highway Grade Crossing Safety

Red

Popular Title: Railroad-Highway Crossing

RIN 2126-AA18

Stage: Final Rule

Previous Stage: NPRM: Publication Date 7/30/98; End of Comment Period 11/27/98.

Summary: This action would prohibit operators of commercial motor vehicles from driving onto a railroad grade crossing unless there is sufficient space to drive completely through the crossing without stopping. The intent of this action is to reduce the incidence of collisions between trains and CMVs.

Effects:

None

Prompting action: Statute

Legal Deadline:

Complete Final Rule : 02/16/1995

Rulemaking Project Initiated: 08/26/1994

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/18/2002
To OMB	12/17/2002
OMB Clearance	03/17/2003
Publication Date	03/31/2003

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

66. 

Unified Registration System

Red

Popular Title: URS

RIN 2126-AA22

Stage: NPRM

Previous Stage: ANPRM: Publication Date 8/26/96; End of Comment Period 10/25/96.

Summary: This action is in response to the requirements of section 103 of the Interstate Commerce Commission Termination Act of 1995, which added 49 USC 13908. This section requires the Secretary to complete a rulemaking proceeding to replace the current DOT identification number system, the single State registration system, the registration/licensing system and the financial responsibility system, with a single, on-line Federal system.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final Rule : 01/01/1998

Rulemaking Project Initiated: 01/01/1996

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/15/2002	09/13/2002
To OMB	03/15/2002	10/15/2002
OMB Clearance	04/24/2002	01/15/2002
Publication Date	04/30/2002	02/01/2003

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

67. 

Hours of Service of Drivers; Drivers Rest and Sleep for Safe Operations

Black

Popular Title: Hours of Service

RIN 2126-AA23

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 11/5/96; End of Comment Period 3/31/97; NPRM: Publication Date 5/2/00; End of Comment Period 12/15/00.

Summary: This rulemaking would revise the regulations for commercial motor vehicle driver rest requirements and duty period limitations for safe highway transportation. A broad rulemaking is required by the ICC Termination Act of 1995 (ICCTA). Other congressional actions prior to the ICCTA require modifications to current rules.

Effects:

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Federalism

Prompting action: Statute

Legal Deadline:

ANPRM : 03/01/1996 NPRM : 11/05/1997 Final Rule : 11/05/1999 FY01 Appropriations Act prohibited issuance of a final rule before : 10/01/2001

Rulemaking Project Initiated: 12/29/1995

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

68. 

English Language Requirement; Qualifications of Drivers

Black

Popular Title: English Language

RIN 2126-AA31

Stage: Undetermined

Previous Stage: ANPRM: publication date 8/26/97; End of comment period 10/27/97.

Summary: The current regulation is little changed from the original rule adopted in 1936. The American Civil Liberties Union (ACLU) has written to the Department asserting that the regulation, as written, is overly broad and subject to arbitrary enforcement, causing potential interference with constitutional guarantees of due process and equal protection. The ACLU requested an opportunity to submit a comprehensive analysis of this issue. The ANPRM was intended to provide the ACLU with such an opportunity and to open this issue for public comment. The rulemaking would modify the current FMCSA regulation to require drivers to possess the basic functional communication/comprehension ability necessary to ensure safety, consistent with applicable law.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/26/1996

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

69. 

Transportation of Household Goods; Consumer Protection Regulations

Green

Popular Title: Household Goods

RIN 2126-AA32

Stage: Interim Final Rule

Previous Stage: NPRM: Publication Date 5/15/98 ; End of Comment Period: 7/14/98; Extension and Reopening of Comment Period: 8/12/98 ; End of Extended and Reopened Comment Period:10/13/98.

Summary: This rule would amend the regulations governing the interstate transportation of personal effects or property used, or to be used, in a private residence (household goods). FMCSA regulations specify how motor carriers who transport household goods by motor vehicle in interstate commerce (movers) must assist their individual customers who ship household goods. FMSCA is updating the regulations to make them easier to understand and to help consumers.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/15/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/16/2002		08/16/2002
To OMB	10/16/2002
OMB Clearance	01/16/2003
Publication Date	02/01/2003

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

Federal Motor Carrier Safety Administration

70. 

Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Minicipalities and Commercial Zones on the U.S.-Mexico Border

Green

Popular Title: Mexican Motor Carriers

RIN 2126-AA34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001. Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Summary: This rulemaking changes FMCSA regulations to govern applications by Mexican carriers to operate beyond municipalities and commercial zones at the United State-Mexico border. It also revises the application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form requires additional information about the applicant's business and operating practices to allow the FMCSA to determine if the applicant could meet the safety standards established for operating in interstate commerce in the United States. Carriers that had previously submitted an application would have to submit the updated form. These changes are needed to implement part of the North American Free Trade Agreement (NAFTA).

Effects:

None

Prompting action: International Agreement

Legal Deadline:

None

Rulemaking Project Initiated: 02/07/2001

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/14/2003
To OMB	08/14/2003
OMB Clearance	11/14/2003
Publication Date	11/28/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

71. 

Safety Monitoring System and Compliance Initiative for Mexican Motor Carriers Operating in the United States

Green

Popular Title: Mexican Motor Carriers

RIN 2126-AA35

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001. Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Summary: The FMCSA proposes to implement a safety monitoring system and compliance initiative to ensure that Mexican-domiciled carriers conducting operations anywhere in the United States (U.S.) comply with applicable safety regulations and conduct safe operations. This NPRM would revise the safety fitness regulations at 49 CFR part 385 to implement an enhanced safety oversight program designed to evaluate the safety fitness of Mexican carriers within 18 months after receiving conditional authority to operate in the U.S. This proposal is necessary to implement the entry provisions of the North American Free Trade Agreement (NAFTA).

Effects:

Economically Significant
Major
Regulatory Flexibility Act
Federalism
EIS

Prompting action: International Agreement

Legal Deadline:

None

Rulemaking Project Initiated: 02/07/2001

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/14/2003
To OMB	08/14/2003
OMB Clearance	11/14/2003
Publication Date	11/28/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

72. 

General Requirements; Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers

Black

Popular Title: Intermodal Chassis

RIN 2126-AA38

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 2/17/99; End of Comment Period 4/19/99; End of Extended Comment Period 8/30/99.

Summary: In response to a petition for rulemaking filed by the American Trucking Association, Inc. (ATA) and the ATA Intermodal Conference, (the petitioners), the FHWA, the predecessor agency to the FMCSA, agreed to consider revisions to the requirements in parts 390 and 396 of the Federal Motor Carrier Safety regulations (FMCSRs) that place upon motor carriers the responsibility for maintaining intermodal container chassis and trailers. These regulations provide the requirements for the inspection, repair and maintenance of commercial motor vehicles. The agency is considering conducting a negotiated rulemaking for this rule.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/17/1997

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

73. 

Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications and Penalties

Black

Popular Title: Zero Base

RIN 2126-AA39

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would amend the rules of practice for motor carrier safety, hazardous materials, and other enforcement proceedings, motor carrier safety ratings, driver qualification proceedings and the schedule of penalties for violations of the FMCSRs and the Hazardous Materials Regulations. It would also add provisions on investigative authority and procedures and general motor carrier responsibilities. These rules would increase the efficiency of the procedures, enhance due process and the awareness of the public and regulated community, and accommodate recent programmatic changes. The rules would apply to all motor carriers, other business entities, and individuals involved in motor carrier safety and hazardous materials administrative actions on the effective date of the final rule. The rules would constitute the major part of the administrative/procedural portion of the agency's zero-base revision of the entire FMCSRs.

Effects:

Federalism

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/19/1992

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

74. 

Post Accident Controlled Substances and Alcohol Test Results; Reporting Requirements for the Fatality Analysis Reporting System

Green

Popular Title: Post Accident Controlled Substances

RIN 2126-AA50

Stage: NPRM

Previous Stage:None

Summary: The Federal Motor Carrier Safety Administration (FMCSA) is considering amending its controlled substances and alcohol testing regulations to require employers subject to those requirements to report certain information to State-employed Fatality Analysis Reporting System (FARS) analysts concerning fatal crashes/accidents. Currently, only the FMCSA and State officials with regulatory authority over the employer or any of its drivers may obtain information concerning controlled substances and alcohol testing results and records. This rulemaking would propose to require employers to provide information to FARS analysts, irrespective of their State authority, working under contract with the National Highway Traffic Safety Administration (NHTSA). The information employers would be required to submit to the analysts would enable the NHTSA, working in conjunction with the FMCSA, to compile and analyze data on the incidence of commercial motor vehicle (CMV) drivers who test positive for controlled substances and/or alcohol use in post-accident tests conducted after fatal crashes. The data would also be used by the FMCSA to help assess the effectiveness of its controlled substances and alcohol testing regulations. This action is intended to improve the FMCSA's and NHTSA's CMV crash data and assess the need for new initiatives to further reduce the use of controlled substances and alcohol by CMV drivers.

Effects:

None

Prompting action: Other

Legal Deadline:

None

Rulemaking Project Initiated: 04/20/1999

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/15/2003
To OMB	08/15/2003
OMB Clearance	11/14/2003
Publication Date	11/28/2003
End of Comment Period	01/28/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

75. 

Safety Requirements for Operators of Small Passenger Carrying Commercial Motor Vehicles Used in Interstate Commerce

Red

Popular Title: Camionetas

RIN 2126-AA52

Stage: Final Rule

Previous Stage: NPRM: Publication Date 1/11/2001; End of Comment Period 4/11/2001.

Summary: This rulemaking would amend the FMCSRs to require that motor carriers operating commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver) in interstate commerce comply with the safety regulations when they are directly compensated for such services, and the driver travels a distance greater than 75 air miles.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final Rule : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST		06/05/2002	06/28/2002
To OMB		07/08/2002	09/04/2002
OMB Clearance		10/08/2002
Publication Date	12/31/2001	10/22/2002

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

76. 

Interstate School Bus Safety

Black

Popular Title: Interstate School Bus Safety

RIN 2126-AA53

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 10/22/01; End of Comment Period 1/22/02.

Summary: The FMCSA is considering whether to extend the applicability of the Federal Motor Carrier Safety Regulations (FMCSRs) to all interstate school transportation operations (thus excluding home-to-school or school-to-home transportation) by local, governmentally-operated educational agencies. This action responds to section 4024 of the Transportation Equity Act for the 21st Century (TEA-21), which directs the FMCSA to determine whether the FMSCRs should apply to these operations.

Effects:

None

Prompting action: Statute

Legal Deadline:

Initiate rulemaking : 12/09/1998

Rulemaking Project Initiated: 06/09/1998

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

77. 

New Entrant Safety Assurance Process

Black

Popular Title: New Entrant

RIN 2126-AA59

Stage: Undetermined

Previous Stage: Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002.

Summary: This rule establishes minimum requirements for new entrant motor carriers to ensure that they are knowledgeable about applicable Federal motor carrier safety standards. The new entrants remain in provisional status for 18 months during which time they must successfully complete a safety audit. FMCSA was directed to issue an Interim Final Rule by section 350(a)(10) of the FY 2002 DOT Appropriations Act.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 12/09/1999

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

78. 

Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

Green

Popular Title: Safety Auditors

RIN 2126-AA64

Stage: Final Rule

Previous Stage: Interim Final Rule : Publication Date 03/19/2002; End of Comment Period 05/20/2002; Extension of Compliance 06/17/2002; End of Extended Compliance 07/17/2002.

Summary: This rule requires that any safety inspection, audit, or review be conducted by a certified investigator. It would give the FMCSA authority to decertify an investigator for failure to meet the prescribed certification standards. It is required by section 211 of the Motor Carrier Safety Improvement Act.

Effects:

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

Complete NPRM : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/15/2003
To OMB	08/15/2003
OMB Clearance	11/14/2003
Publication Date	11/28/2003

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

79. 

Parts and Accessories Necessary for Safe Operation; Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSSs)

Black

Popular Title: Parts and Accessories Necessary for Safe Operation

RIN 2126-AA69

Stage: Undetermined

Previous Stage: NPRM: Publication Date 03/19/2002; End of Comment Period 05/20/2002.

Summary: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) so that motor carriers ensure that each commercial motor vehicle (CMV) they operate in interstate commerce displays a label certifying that the vehicle complies with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) in effect on the date of manufacture. This rulemaking would ensure that all motor carriers operating CMVs in the United States use only vehicles that were certified by the manufacturer as meeting all applicable Federal safety performance requirements.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/01/2002

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

80. 

Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement

Green

Popular Title: USA PATRIOT Act Rule

RIN 2126-AA70

Stage: Interim Final Rule

Previous Stage:None

Summary: The FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to prohibit States from issuing or renewing a commercial driver's license with an endorsement to operate a motor vehicle transporting a hazardous material unless the Department of Justice has first conducted a background check on the applicant, and DOT has determined, based upon that investigation, that the applicant does not pose a security risk warranting denial of the license. The interim final rule responds to section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT).

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/26/2001

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST			04/19/2002
Returned to Mode			05/30/2002
Resubmitted to OST			07/09/2002
To OMB	10/15/2002
OMB Clearance	01/15/2003
Publication Date	02/01/2003

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

Federal Motor Carrier Safety Administration

81. 

Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers

Green

Popular Title: Penalty, Inspection and Decals

RIN 2126-AA72

Stage: Interim Final Rule

Previous Stage:None

Summary: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate the requirement, codified in parts 365 and 385 of the agency's regulations, that all commercial motor vehicles operated by Mexico-domiciled motor carriers holding authority to transport property or passengers beyond the commercial zones of U.S. municipalities on the United States-Mexico border display a Commercial Vehicle Safety Alliance (CVSA) decal issued by the CVSA-certified inspector. Adding this requirement to part 396 will enable FMCSA to assess civil penalties against Mexico-domiciled long-haul motor carriers that operate vehicles without the necessary CVSA decal. This rule would also clarify that carriers will be required to obtain the necessary inspection decal before proceeding beyond border ports of entry. By providing for more effective enforcement of the inspection and decal requirements, this rule will help ensure that these motor carriers operate safe vehicles in the United States.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/09/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST			07/29/2002
To OMB	10/15/2002
OMB Clearance	01/15/2003
Publication Date	02/01/2003

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None

Federal Motor Carrier Safety Administration

82. 

Hazardous Material Route Plans

Black

Popular Title: Route Plans

RIN 2126-AA75

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would require hazardous materials carriers to prepare and sign a route plan. The plan must be in the possession of the driver of any Table 1 hazardous material (explosives, radioactive materials, and poison by inhalation hazard materials). It was terminated because RSPA has addressed the problem; it will be deleted from the next Regulatory Agenda.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 05/13/2002

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
Termination			09/26/2002

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Motor Carrier Safety Administration

83. 

Hours of Service of Drivers; Supporting Documents

Green

Popular Title: Supporting Documents

RIN 2126-AA76

Stage: SNPRM

Previous Stage: NPRM: Publication Date:4/20/1998; End of Comment Period: 6/19/1998.

Summary: The rulemaking would amend the hours-of-service recordkeeping requirements to clarify what supporting documents motor carriers must have to validate hours of service records.

Effects:

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 08/26/1994

Dates for SNPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/15/2002
To OMB	01/03/2003
OMB Clearance	04/03/2003
Publication Date	03/31/2003

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: None

Federal Motor Carrier Safety Administration

84. 

Registration Enforcement

Green

Popular Title: Registration Enforcement

RIN 2126-AA78

Stage: Interim Final Rule

Previous Stage:None

Summary: This emergency rulemaking would amend FMCSA regulations to require that a motor carrier subject to the registration requirements under 49 U.S.C. 13902 may not operate a commercial motor vehicle in interstate commerce unless it has registered with FMCSA. Motor carriers would be further prohibited from operating beyond the scope of their registration. If an unregistered carrier's motor vehicle is discovered in operation or being operated beyond the scope of the carrier's registration, such motor vehicle will be placed out-of-service and the carrier may be subject to additional penalties. The States are currently required to enforce these registration requirements as a condition for receipt of Motor Carrier Safety Assistance Program funds. Amending the Federal Motor Carrier Safety Regulations (FMCSRs) to specifically include the out-of-service (OOS) provisions will help ensure that all carriers subject to 49 U.S.C. 13902: (1) are apprised of and comply with applicable FMCSR's, (2) operate only within the scope of registration, and (3) operate safe vehicles within the United States. This would also allow the agency to more accurately identify and monitor the safety fitness of motor carriers.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/01/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST			08/06/2002
To OMB			08/09/2002
OMB Clearance			08/21/2002
Publication Approved			08/21/2002
Publication Date	08/27/2002		08/28/2002
End of Comment Period	09/27/2002		10/28/2002

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/14/2003
To OMB	08/14/2003
OMB Clearance	11/14/2003
Publication Date	11/28/2003

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None