Report on DOT Significant Rulemakings

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Table of Contents

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. Commercial Driver Physical Fitness As Part Of The CDL Process

37. Railroad-Highway Grade Crossing Safety

38. Unified Registration System

39. Transportation of Household Goods; Consumer Protection Regulations

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

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

42. New Entrant Safety Assurance Process

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

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

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

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

47. Hours of Service of Drivers; Supporting Documents

48. Registration Enforcement

49. Brokers of Household Goods Transportation by Motor Vehicle

50. Hours of Service of Drivers - Sleeper Berth Rest Period

51. Inspection, Repair and Maintenance of Intermodal Container Chassis



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; Information Notice 3/08/1991.
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 rule is closely related to work now being conducted by Department of Homeland Security on determining a biometric convention.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final rule : 12/31/1990
Rulemaking Project Initiated: 11/18/1988
Dates for NPRM:
MilestoneOriginally
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: Unanticipated impacts requiring further analysis
Other, higher priorities
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. 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:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/15/2003  08/04/2004   
To OMB 03/15/2003  09/03/2004   
OMB Clearance 06/15/2003  12/03/2004   
Publication Date 06/30/2003  12/10/2004   
End of Comment Period 08/30/2003  02/10/2005   
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 requirements of the Federal Hazardous Transportation Law to 1) establish 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, and 2) require the inspection of vehicles transporting those radioactive materials before each trip.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule by : 11/15/1991
Rulemaking Project Initiated: 11/16/1990
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/20/2004    02/02/2004 
To OMB 02/20/2004    03/12/2004 
OMB Clearance 05/20/2004  06/11/2004  06/03/2004 
Publication Date 05/27/2004  06/30/2004  06/30/2004 
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: 69 FR 39350


Federal Motor Carrier Safety Administration
36. 
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 11/14/94.
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; however, it does not address whether those standards are correct or should be changed. It is required by the Motor Carrier Safety Improvement Act of 1999.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 07/15/1993
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/30/2002  08/16/2004   
To OMB 11/01/2002  09/16/2004   
OMB Clearance 02/01/2003  12/16/2004   
Publication Date 02/15/2003  12/31/2004   
End of Comment Period 04/15/2003  02/28/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
37. 
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. The next steps on this rulemaking are undetermined.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete Final Rule : 02/16/1995
Rulemaking Project Initiated: 08/26/1994
Dates for Final Rule:
MilestoneOriginally
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
38. 
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 rulemaking action would implement the requirements of section 103 of the Interstate Commerce Commission Termination Act of 1995, which requires the Secretary to complete a rulemaking 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:
  Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  Final Rule : 01/01/1998
Rulemaking Project Initiated: 01/01/1996
Dates for NPRM:
MilestoneOriginally
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  08/02/2004   
To OMB 03/15/2002  09/02/2004   
OMB Clearance 04/24/2002  12/02/2004   
Publication Date 04/30/2002  12/09/2004   
End of Comment Period 07/01/2002  02/25/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
39. 
Transportation of Household Goods; Consumer Protection Regulations Green
Popular Title: Household Goods
RIN 2126-AA32
Stage: 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. Interim Final Rule: Publication Date 6/11/2003; End of Comment Period 8/11/2003. IFR effective 9/09/2003. IFR Compliance Date Delayed: Publication Date 9/30/2003. Technical Amendments to IFR: Publication Date 3/05/2004. Technical Amendments Clarified and Compliance Date Delayed: Publication Date 4/02/2004. Technical Amendments and Compliance Date Effective 5/05/2004.
Abstract: This rulemaking would update the regulations governing the interstate transportation by motor vehicles of personal effects or property for use in a private residence (household goods) to make them easier to understand and to help consumers. FMCSA received petitions for reconsideration of the Interim Final Rule published June 11, 2003. To allow time for the analysis the agency published an announcement of the delay the compliance date of the IFR. On March 5, 2004 the agency published technical amendments to the IFR (69 FR 10570); the technical amendments, also established a new compliance date of April 5, 2004, for the amended interim rule. On April 2, 2004, the agency published further technical amendments to the IFR published on June 11, 2003. This rulemaking established the compliance date for the interim rule and the technical amendments as May 5, 2004. FMCSA has decided to discontinue the NPRM/2 and issue a Final Rule.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/15/2002
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/01/2004     
To OMB 12/01/2004     
OMB Clearance 03/01/2005     
Publication Date 03/08/2005     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
40. 
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 can 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 two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents as ruled by the Ninth Circuit. FMCSA is currently deciding what its next action should be.
Effects:
  None
Prompting action: International Agreement
Legal Deadline:  None
Rulemaking Project Initiated: 02/07/2001
Dates for Final Rule:
MilestoneOriginally
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
41. 
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: This rulemaking would implement a safety monitoring system and compliance initiative to ensure that Mexican-domiciled carriers conducting operations anywhere in the U.S. comply with applicable safety regulations and conduct safe operations. This rulemaking would revise FMCSA's safety fitness regulations to implement an enhanced safety oversight program designed to evaluate the safety fitness of Mexican carriers within 18 months after they receive conditional authority to operate in the U.S. This rule 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 two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents as ruled by the Ninth Circuit. FMCSA is currently deciding what its next action should be.
Effects:
  Regulatory Flexibility Act
Federalism
EIS
Prompting action: International Agreement
Legal Deadline:  None
Rulemaking Project Initiated: 02/07/2001
Dates for Final Rule:
MilestoneOriginally
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
42. 
New Entrant Safety Assurance Process Red
Popular Title: New Entrant
RIN 2126-AA59
Stage: NPRM
Previous Stage: Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002.
Abstract: This rulemaking 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. The IFR was issued on May 13, 2002. This rulemaking modifies the program as established by the IFR. FMCSA had orginally scheduled a final rule to be issued by March 31, 2004.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 12/09/1999
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/17/2004  10/22/2004   
To OMB 09/17/2004  11/22/2004   
OMB Clearance 12/17/2004  02/22/2005   
Publication Date 12/31/2004  02/28/2005   
End of Comment Period 02/28/2005  04/28/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
43. 
Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red
Popular Title: Safety Auditors, Investigators, and Inspectors
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 06/17/02; End of Extended Compliance 07/17/02. IFR Extension of Statutory Compliance Date: Publication Date 7/28/2003. Notice of Environmental Assessment: Publication Date 10/02/2003; End of Comment Period 11/03/2003. Notice Statutory Compliance Date: Publication Date 12/23/2003; Compliance Date 1/01/2004.
Abstract: This rulemaking 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, and asked for comment on, 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 published a Notice of Statutory Compliance Date on December 23, 2003, giving notice that after December 31, 2003, all safety inspections, audits, and compliance reviews will be conducted by FMCSA or State employees certified under the Certification of Safety Auditor, Safety Investigators, and Safety Inspectors interim final rule or qualified under the grandfather provisions of 49 USC 31148(b). Progress on this rule is linked to progress on revisions to the new entrant rule RIN 2126-AA59.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete NPRM : 12/09/2000
Rulemaking Project Initiated: 12/09/1999
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/15/2003  12/15/2004   
To OMB 08/15/2003  01/14/2005   
OMB Clearance 11/14/2003  04/14/2005   
Publication Date 11/28/2003  04/20/2005   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
44. 
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. It will be published with companion NHTSA rules RIN 2127-AI59 and 2127-AI60.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/01/2002
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/15/2003  06/02/2004  06/07/2004 
To OMB 12/15/2003  07/02/2004   
OMB Clearance 03/15/2004  10/01/2004   
Publication Date 03/30/2004  10/08/2004   
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
45. 
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/3
Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003. Interim Final Rule/2: Publication Date 11/07/2003. Comment Period End 1/06/2004.
Abstract: This rulemaking amends the Federal Motor Carrier Safety Regulations to prohibit States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) 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 (hazmat) 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 to not later than November 3, 2003. This compliance date has been extended.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 10/26/2001
Dates for Interim Final Rule/3:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/24/2004    05/28/2004 
To OMB 06/15/2004  07/02/2004  07/01/2004 
OMB Clearance 06/25/2004  07/12/2004   
Publication Date 06/30/2004  07/19/2004   
End of Comment Period 08/30/2004  09/20/2004   
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule/3: None


Federal Motor Carrier Safety Administration
46. 
Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers Red
Popular Title: CVSA decals
RIN 2126-AA72
Stage: NPRM
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. This rule was originally submitted as an IFR to OMB on November 6, 2002. OMB cleared the rule on January 29, 2003. The FMCSA did not publish the rule because it was integrally related to the Safety Monitoring Rule (2126-AA35), which the Ninth Circuit set aside on January 16, 2003. The agency is now converting the IFR to an NPRM because there is no good cause, at this point, to issue an IFR.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/09/2002
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/14/2004  08/02/2004   
To OMB 07/14/2004  09/02/2004   
OMB Clearance 10/14/2004  12/02/2004   
Publication Date 10/20/2004  12/09/2004   
End of Comment Period 12/20/2004  02/09/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
47. 
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. This action is required by the Hazardous Materials Transportation Authorization Act of 1994.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Rule to be issued and become effective : 02/26/1996
Rulemaking Project Initiated: 08/26/1994
Dates for SNPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/15/2002  01/26/2004  01/14/2004 
Returned to Mode     05/13/2004 
Returned To OST   06/15/2004  06/16/2004 
To OMB 01/03/2003  07/05/2004  06/29/2004 
OMB Clearance 04/03/2003  10/05/2004   
Publication Date 04/10/2003  10/12/2004   
End of Comment Period 06/10/2003  12/13/2004   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None


Federal Motor Carrier Safety Administration
48. 
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 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:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/14/2003  01/27/2005   
To OMB 08/14/2003  02/28/2005   
OMB Clearance 11/14/2003  05/27/2005   
Publication Date 11/28/2003  06/03/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
49. 
Brokers of Household Goods Transportation by Motor Vehicle Red
Popular Title: Household Goods Brokers
RIN 2126-AA84
Stage: ANPRM
Previous Stage:None
Abstract: The agency has granted the American Moving and Storage Association's petition for rulemaking. The FMCSA will determine in this rulemaking whether the general property broker regulations under Part 371 need to be amended to protect consumers of household goods.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/12/2003
Dates for ANPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/17/2004  07/27/2004   
To OMB 06/17/2004  08/27/2004   
OMB Clearance 09/17/2004  11/26/2004   
Publication Date 09/30/2004  12/03/2004   
End of Comment Period 11/30/2004  02/03/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for ANPRM: None


Federal Motor Carrier Safety Administration
50. 
Hours of Service of Drivers - Sleeper Berth Rest Period Red
Popular Title: Sleeper Berth
RIN 2126-AA85
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would address the complex issues surrounding sleeper berth rest periods, off-duty requirements, and related matters. On November 3, 2003, the American Trucking Association petitioned FMCSA to issue a rule to permit sleeper berth rest periods to extend maximum on-duty time limits when followed by 10 hours off-duty.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/24/2004
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/21/2004  12/13/2004   
To OMB 10/21/2004  01/13/2005   
OMB Clearance 01/21/2005  04/13/2005   
Publication Date 01/28/2005  04/18/2005   
End of Comment Period 03/28/2005  06/17/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
51. 
Inspection, Repair and Maintenance of Intermodal Container Chassis Red
Popular Title: Intermodal Container Chassis
RIN 2126-AA86
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations to require certain entities that offer intermodal container chassis for transportation in interstate commerce to: file a Motor Carrier Identification Report; display a USDOT identification number on each chassis offered for such transportation; establish a systematic inspection, repair and maintenance program to ensure the safe operating condition of each chassis; maintain documentation of the program; and provide a means for effectively responding to driver and motor carrier complaints about the condition of chassis. The rulemaking is necessary to ensure the safe operation of intermodal container chassis and, to the greatest extent practicable, reduce crashes attributable in whole or in part to the mechanical condition of container chassis.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/26/2004
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/15/2004  12/13/2004   
To OMB 10/15/2004  01/13/2005   
OMB Clearance 01/15/2005  04/13/2005   
Publication Date 01/31/2005  04/18/2005   
End of Comment Period 03/30/2005  06/17/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None