Report on DOT Significant Rulemakings

Table of Contents

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Federal Motor Carrier Safety Administration

33. Commercial Driver's License Standards; Biometric Identifier

34. Qualification of Drivers; Vision

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

36. Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements

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

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

39. Safety Performance History of New Drivers

40. Railroad-Highway Grade Crossing Safety

41. Unified Registration System

42. Transportation of Household Goods; Consumer Protection Regulations

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

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

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

46. Interstate School Bus Safety

47. New Entrant Safety Assurance Process

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

49. Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSS)

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

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

52. Hours of Service of Drivers; Supporting Documents

53. Registration Enforcement



Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
33. 
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.
Abstract: 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 was completed, and the contractor issued a final report in December 2002. This rulemaking has been delayed due to higher priorities given other rulemakings because of court action.
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  12/14/2004   
To OMB 08/14/2003  01/14/2005   
OMB Clearance 11/14/2003  04/14/2005   
Publication Date 11/28/2003  04/30/2005   
End of Comment Period 01/28/2004  06/30/2005   
Explanation for any delay: Other, higher priorities
Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
34. 
Qualification of Drivers; Vision Red
Popular Title: CDL- Vision
RIN 2126-AA05
Stage: NPRM
Previous Stage: ANPRM: Publication Date 2/28/92; End of Comment Period 4/28/92. Notice Request for Comments: Publication Date 6/05/96.
Abstract: 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 after further evaluating and considering these recommendations has decided to proceed with a rulemaking to amend its regulation governing the visual field requirement in the vision standard.
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  04/27/2004   
To OMB 03/15/2003  05/27/2004   
OMB Clearance 06/15/2003  08/27/2004   
Publication Date 06/30/2003  09/10/2004   
End of Comment Period 08/30/2003  11/10/2004   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
35. 
Federal Motor Carrier Safety Regulations; General Transportation of Hazardous Materials Red
Popular Title: Hazardous Materials Permitting
RIN 2126-AA07
Stage: Final Rule
Previous Stage: NPRM: Publication Date 6/17/93; End of Comment Period 8/16/93. SNPRM: Publication Date 8/19/2003; End of Comment Period 10/20/2003.
Abstract: 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 by : 11/15/1991
Rulemaking Project Initiated: 11/16/1990
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 01/20/2004    01/20/2004 
To OMB 02/20/2004     
OMB Clearance 05/20/2004     
Publication Date 05/27/2004     
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
36. 
Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements Red
Popular Title: LCV Training Rule
RIN 2126-AA08
Stage: Final Rule
Previous Stage: ANPRM: Publication Date 01/05/1993; End of Comment Period 3/16/1993. NPRM: Publication Date 08/12/2003; End of Comment Period 10/14/2003.
Abstract: 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, which directed that training for longer combination vehicle operators include certification of an operator's proficiency by an instructor who has met the requirements established by the Secretary of DOT.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 12/18/1993
Rulemaking Project Initiated: 12/18/1991
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/15/2003    12/15/2003 
To OMB 01/15/2004    01/08/2004 
OMB Clearance 03/15/2004     
Publication Date 03/22/2004     
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
37. 
Training for Entry-Level Drivers of Commercial Motor Vehicles Red
Popular Title: Training for Entry-Level Drivers
RIN 2126-AA09
Stage: Final Rule
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. NPRM: Publication Date 8/15/03; End of Comment Period 10/15/03.
Abstract: 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 Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/15/2003    12/15/2003 
To OMB 01/15/2004    01/08/2004 
OMB Clearance 04/15/2004     
Publication Date 04/22/2004     
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
38. 
Commercial Driver Physical Fitness As Part Of The CDL Process Red
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.
Abstract: 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  04/27/2004   
To OMB 11/01/2002  05/27/2004   
OMB Clearance 02/01/2003  08/27/2004   
Publication Date 02/15/2003  09/10/2004   
End of Comment Period 04/15/2003  11/10/2004   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
39. 
Safety Performance History of New Drivers Green
Popular Title: Safety Performance of New Drivers
RIN 2126-AA17
Stage: Final Rule
Previous Stage: NPRM: Publication Date 03/14/1996; End of Comment Period 5/13/1996. SNPRM: Publication Date 07/17/2003; End of Comment Period 09/02/2003.
Abstract: The rulemaking would amend the Federal motor carrier regulations to include minimum safety information that new and prospective employers must seek from former employers during the investigation of a driver's employment record. The rule would also increase the time period that carriers must record accident information in the accident register, from one year to three years.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete NPRM : 01/01/1999
Rulemaking Project Initiated: 11/16/1990
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/03/2003    11/20/2003 
To OMB 12/03/2003  12/20/2003  01/08/2004 
OMB Clearance 03/03/2004  03/20/2004   
Publication Date 03/10/2004  03/31/2004   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
40. 
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.
Abstract: 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. This action is required by the Hazardous Materials Transportation Authorization Act of 1994.
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  12/01/2004   
To OMB 12/17/2002  12/31/2004   
OMB Clearance 03/17/2003  03/31/2005   
Publication Date 03/31/2003  04/14/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
41. 
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.
Abstract: 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  10/16/2002 
Returned to Mode     11/26/2002 
Resubmitted to OST 08/30/2003  10/15/2004   
To OMB 03/15/2002  11/15/2004   
OMB Clearance 04/24/2002  02/15/2005   
Publication Date 04/30/2002  02/28/2005   
End of Comment Period 07/01/2002  04/28/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
42. 
Transportation of Household Goods; Consumer Protection Regulations Red
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.
Abstract: 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. FMCSA received petitions for reconsideration of the Interim Final Rule published June 11, 2003 and is now considering these petitions. To allow time for the analysis the agency published an announcement of the delay the compliance date of the IFR until further notice. As part of the analysis, the agency will determine the next appropriate step for this rulemaking.
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 
Returned to Mode     11/21/2002 
To OMB 10/16/2002    02/27/2003 
OMB Clearance 01/16/2003  05/27/2003  05/16/2003 
Publication Date 02/01/2003  06/01/2003  06/11/2003 
End of Comment Period 04/01/2003    08/11/2003 
Explanation for any delay: Unanticipated impacts requiring further analysis
Additional coordination necessary
Federal Register Citation for Interim Final Rule: 68 FR 35064


Federal Motor Carrier Safety Administration
43. 
Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border Red
Popular Title: Mexican Motor Carriers/Application
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.
Abstract: 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). On January 16, 2003 the Ninth Circuit Court remanded this rule, along with 2 other NAFTA-related rules, to the agency requiring a full environmental impact statement and an analysis required by the Clean Air Act. On December 15, 2003, the Supreme Court decided to hear the case as to whether the FMCSA is required to prepare the environmental documents as ruled by the Ninth Circuit court. This rule will not proceed to the next stage until either the environmental documents are completed consistent with the Ninth Circuit Court ruling or until the Supreme Court hears the case and issues a ruling overturning the Ninth Circuit Court decision.
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: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
44. 
Safety Monitoring System and Compliance Initiative for Mexican Motor Carriers Operating in the United States Red
Popular Title: Mexican Motor Carriers/Monitoring and Compliance
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.
Abstract: 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 rulemaking 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). On January 16, 2003 the Ninth Circuit Court remanded this rule, along with 2 other NAFTA-related rules, to the agency requiring a full environmental impact statement and an analysis required by the Clean Air Act. On December 15, 2003, the Supreme Court decided to hear the case as to whether the FMCSA is required to prepare the environmental documents as ruled by the Ninth Circuit court. This rule will not proceed to the next stage until either the environmental documents are completed consistent with the Ninth Circuit Court ruling or until the Supreme Court hears the case and issues a ruling overturning the Ninth Circuit Court decision.
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: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
45. 
General Requirements; Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers Green
Popular Title: Intermodal Chassis
RIN 2126-AA38
Stage: Withdrawal
Previous Stage: ANPRM:Publication Date 02/17/1999; End of Comment Period 04/19/1999; End of Extended Comment Period 08/30/1999; Notice of Intent to Explore Negotiated Rulemaking 11/29/2002; End of Extended Comment Period 04/10/2003.
Abstract: 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. FMCSA is considering withdrawing the ANPRM because there is insufficient data to support moving forward with the rulemaking at this time. While the agency could quantify the costs of regulatory options that could potentially result in improved maintenance practices by equipment providers, there is insufficient data currently to quantify the safety benefits of such a rulemaking. FMCSA believes it is unlikely the agency could craft a rulemaking that would resolve the maintenance responsibility disputes between equipment providers and motor carriers, and be supported with sufficient safety data to prove its necessity, and subsequently its effectiveness.
Effects:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/17/1997
Dates for Withdrawal:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/20/2003    12/04/2003 
Publication Approved 12/19/2003    12/22/2003 
Publication Date 12/31/2003    12/31/2003 
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: 68 FR 75479


Federal Motor Carrier Safety Administration
46. 
Interstate School Bus Safety Green
Popular Title: Interstate School Bus Safety
RIN 2126-AA53
Stage: Withdrawal
Previous Stage: ANPRM: Publication Date 10/22/2001; End of Comment Period 01/22/2002.
Abstract: The FMCSA considered making the FMCSRs applicable to all interstate school transportation operations by local educational agencies (LEAs). This action was in response to sec. 4024 of the TEA-21, which mandates that FMCSA to make a determination whether to make the FMCSRs applicable to such operations. The FMCSA requested comments, data, and information to assist the agency in making this determination. FMCSA is considering withdrawing this ANPRM, since the data showed that the interstate school bus operations by LEAs are both limited in number and have an excellent safety record.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Initiate rulemaking : 12/09/1998
Rulemaking Project Initiated: 06/09/1998
Dates for Withdrawal:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 02/03/2004    01/08/2004 
Publication Approved 02/27/2004     
Publication Date 03/11/2004     
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: None


Federal Motor Carrier Safety Administration
47. 
New Entrant Safety Assurance Process Green
Popular Title: New Entrant
RIN 2126-AA59
Stage: Interim Final Rule/2
Previous Stage: Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002.
Abstract: 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 Interim Final Rule/2:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 08/17/2004     
To OMB 09/17/2004     
OMB Clearance 12/17/2004     
Publication Date 12/31/2004     
End of Comment Period 02/28/2005     
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule/2: None


Federal Motor Carrier Safety Administration
48. 
Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red
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.
Abstract: 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. On January 16, 2003 the Ninth Circuit Court remanded this rule to the agency, along with 2 other NAFTA-related rules, because the agency failed to comply with statutory environmental analysis requirements. Accordingly, FMCSA has analyzed the potential environmental impacts from implementation of this rulemaking and on October 2, 2003 (68 FR 56863) announced the availability of the Environmental Assessment for the Certification of Safety Auditors, Safety Investigators, and Safety Inspectors interim final rule. After receiving comments (due November 3, 2003) the agency will determine the appropriate next step for this rulemaking.
Effects:
  None
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: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
49. 
Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSS) Yellow
Popular Title: Parts and Accessories Necessary for Safe Operation
RIN 2126-AA69
Stage: Final Rule
Previous Stage: NPRM: Publication Date 03/19/2003; End of Comment Period 05/20/2003.
Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations 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 (FMVSS) 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 requirements.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/01/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/15/2003  02/24/2004   
To OMB 12/15/2003  03/24/2004   
OMB Clearance 03/15/2004  06/25/2004   
Publication Date 03/30/2004  07/09/2004   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
50. 
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/2
Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003.
Abstract: This rulemaking amends the Federal Motor Carrier Safety Regulations prohibiting States from issuing, renewing, transferring or upgrading a commercial driver's license with a hazardous materials endorsement unless the Transportation Security Administration has first conducted a background check on the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. The compliance date provisions being revised require States to collect fingerprints from individuals applying for, renewing, upgrading or transferring a hazmat endorsement for a CDL beginning November 3, 2003. This rulemaking and a companion TSA rulemaking are changing that date to April 1, 2004, and TSA may postpone that date, in individual cases, to not later than December 1, 2004.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 10/26/2001
Dates for Interim Final Rule/2:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 10/30/2003    10/30/2003 
To OMB 10/31/2003    10/31/2003 
OMB Clearance 10/31/2003    11/04/2003 
Publication Date 11/03/2003    11/07/2003 
End of Comment Period 01/03/2004    01/06/2004 
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule/2: 68 CFR 63030


Federal Motor Carrier Safety Administration
51. 
Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers Red
Popular Title: CVSA decals
RIN 2126-AA72
Stage: Interim Final Rule
Previous Stage:None
Abstract: 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 decal requirements this rule will help ensure that these motor carriers operate safe vehicles in the United States. Because this rulemaking is inextricably linked to the NAFTA rules, publication of the rulemaking has been delayed pending resolution of environmental review procedure concerns raised by the January 16, 2003 Ninth Circuit Court of Appeals decision on the agency's NAFTA rules. Although the agency is conducting a Programmatic Environmental Impact Statement, announced August 26, 2003 (68 FR 51322), the appropriate next steps for the NAFTA rules will not be determined until after the PEIS is completed.
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 09/15/2002    07/29/2002 
To OMB 10/15/2002    11/06/2002 
OMB Clearance 01/15/2003    01/29/2003 
Publication Date 02/01/2003     
End of Comment Period 04/01/2003     
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Interim Final Rule: None


Federal Motor Carrier Safety Administration
52. 
Hours of Service of Drivers; Supporting Documents Red
Popular Title: Supporting Documents
RIN 2126-AA76
Stage: SNPRM
Previous Stage: NPRM: Publication Date 4/20/1998; End of Comment Period 6/19/1998. Technical Amendments: Publication date: 9/30/2003.
Abstract: 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:  Rule to be issued and become effective : 02/26/1996
Rulemaking Project Initiated: 08/26/1994
Dates for SNPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/15/2002  01/26/2004  01/14/2004 
To OMB 01/03/2003  02/26/2004   
OMB Clearance 04/03/2003  05/26/2004   
Publication Date 04/10/2003  06/04/2004   
End of Comment Period 06/10/2003  08/04/2004   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None


Federal Motor Carrier Safety Administration
53. 
Registration Enforcement Red
Popular Title: Registration Enforcement
RIN 2126-AA78
Stage: Final Rule
Previous Stage: Interim Final Rule: Publication Date 08/28/2002; End of Comment Period 10/28/2002.
Abstract: 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: 07/29/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 07/14/2003  12/15/2004   
To OMB 08/14/2003  01/16/2005   
OMB Clearance 11/14/2003  04/17/2005   
Publication Date 11/28/2003  04/28/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None