Report on DOT Significant Rulemakings

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		02/02/2004
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.

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

46.

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

47.

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

48.

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

Red

Popular Title: Parts and Accessories Necessary for Safe Operation

RIN 2126-AA69

Stage: Final Rule

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

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	03/24/2004
To OMB	12/15/2003	04/24/2004
OMB Clearance	03/15/2004	07/23/2004
Publication Date	03/30/2004	07/30/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

49.

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

50.

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

51.

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

52.

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