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Report on DOT Significant Rulemakings

Table of Contents

Federal Motor Carrier Safety Administration

22. Medical Certification Requirements as Part of the Commercial Driver's License

23. Unified Registration System

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

25. Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States

26. New Entrant Safety Assurance Process

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

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

29. Brokers of Household Goods Transportation by Motor Vehicle

30. Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment

31. Electronic On-Board Recorders for Hours-of-Service Compliance

32. Qualifications of Drivers; Diabetes Standard

33. National Registry of Certified Medical Examiners

34. Consumer Complaint Information

35. Commercial Driver's License Testing and Commercial Learner's Permit Standards

36. Railroad Highway Grade Crossing Safety

37. Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations

38. Carrier Safety Fitness Determination

39. Hours of Service of Drivers





Federal Motor Carrier Safety Administration



Federal Motor Carrier Safety Administration
22.  Medical Certification Requirements as Part of the Commercial Driver's License Red
Popular Title:Medical CDL
RIN 2126-AA10
Stage: Final Rule
Previous Stage:ANPRM: Publication Date 7/15/1994; End of Comment Period 11/14/1994. NPRM: Publication date 11/16/2006; End of Comment Period 2/14/2007.
Abstract: FMCSA would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require interstate commercial driver’s license (CDL) holders subject to the physical qualification requirements of the FMCSRs to provide a current original or copy of their medical examiner’s certificates to their State Driver Licensing Agency (SDLA). The Agency would also require the SDLA to record on the Commercial Driver License Information System (CDLIS) driver record the self-certification the driver made regarding applicability of the Federal driver qualification rules and, for drivers subject to those requirements, the medical certification status information specified in the rulemaking. This action is required by section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA).
Effects:
 Information Collection
Privacy
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 07/15/1993
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/11/2007  06/30/2008  06/27/2008 
To OMB 01/14/2008  08/30/2008  08/19/2008 
OMB Clearance 04/14/2008  11/30/2008   
Publication Date 04/28/2008  12/05/2008   
Explanation for any delay:Awaiting development of additional data
Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
23.  Unified Registration System Red
Popular Title:URS
RIN 2126-AA22
Stage: SNPRM
Previous Stage:ANPRM: Publication Date 8/26/96; End of Comment Period 10/25/96. NPRM: Publication Date 05/19/2005;End of Comment Period 08/17/2005.
Abstract: This rulemaking would replace three current identification and registration systems: the US DOT number identification system, the commercial registration system, and the financial responsibility system, with an online Federal unified registration system. This program would serve as a clearinghouse and depository of information on, and identification of, brokers, freight forwarders, and others required to register with the Department of Transportation. The Agency is revising this rulemaking to address amendments directed by SAFETEA-LU. The replacement system for the Single State Registration System, which the ICC Termination Act originally directed be merged under URS, will be addressed separately.
Effects:
 Regulatory Flexibility Act
Information Collection
Prompting action:Statute
Legal Deadline:  Final Rule : 01/01/1998
Rulemaking Project Initiated: 01/01/1996
Dates for SNPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/02/2007  11/28/2008   
To OMB 03/08/2007  12/28/2008   
OMB Clearance 06/08/2007  03/28/2009   
Publication Date 06/29/2007  04/05/2009   
End of Comment Period 09/28/2007  06/05/2009   
Explanation for any delay:Additional coordination necessary
Other, higher priorities
Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None




Federal Motor Carrier Safety Administration
24.  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:Mexico-Domiciled Motor Carriers
RIN 2126-AA34
Stage: Undetermined
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 change FMCSA regulations to govern applications by Mexican carriers to operate beyond municipalities and commercial zones at the United State-Mexico border. It would also revise the application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form would require 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 waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by November 20, 2003.
Effects:
 Information Collection
NAFTA
Prompting action:International Agreement
Legal Deadline: None
Rulemaking Project Initiated: 02/07/2001
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:Unanticipated issues requiring further analysis
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
25.  Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States Red
Popular Title:Safety Monitoring
RIN 2126-AA35
Stage: Undetermined
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 rule would implement a safety monitoring system and compliance initiative designed to evaluate the continuing safety fitness of all Mexico-domiciled carriers within 18 months after receiving a provisional Certificate of Registration or provisional authority to operate in the United States. It also would establish suspension and revocation procedures for provisional Certificates of Registration and operating authority, and incorporate criteria to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic safety management controls. The interim rule included requirements that were not proposed in the NPRM but which are necessary to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, the Ninth Circuit Court of Appeals 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. FMCSA is waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by November 28, 2003.
Effects:
 Regulatory Flexibility Act
Federalism
Information Collection
NAFTA
Prompting action:International Agreement
Legal Deadline: None
Rulemaking Project Initiated: 02/07/2001
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Approved      
Publication Date      
End of Comment Period      
Explanation for any delay:Unanticipated issues requiring further analysis
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
26.  New Entrant Safety Assurance Process Red
Popular Title:New Entrant
RIN 2126-AA59
Stage: Final Rule
Previous Stage:Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002; IFR Effective Date 01/01/2003. NPRM: Publication Date 12/21/2006; End of Comment Period 2/20/2007.
Abstract: This rulemaking would change the New Entrant Safety Assurance Process by raising the standard of compliance for passing the new entrant safety audit. It also would make clarifying changes to some of the existing new entrant regulations. The rule also proposes a separate application procedure and safety oversight system for non-North America-domiciled motor carriers. The proposed rule would improve the Agency’s ability to identify at-risk new entrant carriers and would ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration. These changes would not impose additional operational requirements on any new entrant carrier. All new entrants would continue to receive educational information on how to comply with the safety regulations and be given an opportunity to correct any deficiencies found. FMCSA recognizes many new entrants are small businesses that are unaware of these requirements and continue to need our assistance.
Effects:
 Regulatory Flexibility Act
Information Collection
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 12/09/1999
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/10/2007  07/08/2008  07/09/2008 
To OMB 12/10/2007  09/20/2008  09/23/2008 
OMB Clearance 03/17/2008  12/20/2008   
Publication Date 03/31/2008  12/24/2008   
Explanation for any delay:Unanticipated impacts requiring further analysis
Other, higher priorities
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
27.  Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red
Popular Title:Safety Auditors Certification
RIN 2126-AA64
Stage: NPRM
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 of Statutory Compliance Date: Publication Date 12/23/2003; Compliance Date 1/01/2004.
Abstract: This rulemaking would require that any safety inspection, safety audit, or compliance review be conducted by a certified inspector, auditor, or investigator. It is required by section 211 of the Motor Carrier Safety Improvement Act. Based on comments to the IFR, the agency will issue a NPRM that addresses issues not clarified in the IFR.
Effects:
 None
Prompting action:Statute
Legal Deadline:  NPRM : 12/09/2000
Rulemaking Project Initiated: 12/09/1999
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/08/2005  11/14/2008   
To OMB 08/08/2005  12/15/2008   
OMB Clearance 11/07/2005  03/16/2009   
Publication Date 11/14/2005  03/30/2009   
End of Comment Period 01/13/2006  06/30/2009   
Explanation for any delay:Other, higher priorities
Unanticipated impacts requiring further analysis
Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
28.  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/4
Previous Stage:Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003. IFR Delay of Compliance Date: Publication Date 11/07/2003; End of Comment Period 01/06/2004. IFR Delay of Compliance Date: Publication Date 08/19/2004; Interim Final Rule/3: Publication Date 08/19/2004.
Abstract: This rulemaking would prohibit States from issuing, renewing, transferring or upgrading a commercial driver´s license (CDL) with a hazardous materials endorsement, unless the Transportation Security Administration (TSA) 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. FMCSA and TSA simultaneously published interim final rules. FMCSA has published another IFR corresponding to TSA´s extension of compliance date. Since this rulemaking conforms to TSA´s rulemaking, the rulemaking is dependent upon TSA action. This action is considered significant because of substantial public and congressional interest, and national security.
Effects:
 NAFTA
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 10/26/2001
Dates for Interim Final Rule/4:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/22/2005    03/21/2005 
To OMB     04/14/2005 
OMB Clearance     04/25/2005 
Publication Approved 05/26/2005    04/25/2005 
Publication Date 05/31/2005    04/29/2005 
Explanation for any delay:N/A
Federal Register Citation for Interim Final Rule/4: 70 FR 22268




Federal Motor Carrier Safety Administration
29.  Brokers of Household Goods Transportation by Motor Vehicle Red
Popular Title:Household Goods Brokers
RIN 2126-AA84
Stage: Undetermined
Previous Stage:ANPRM: Publication Date 12/22/2004; End of Comment Period 02/22/2005. NPRM: Publication date 2/8/2007; End of Comment Period 5/9/2007
Abstract: This rulemaking would address the American Moving and Storage Association´s petition for rulemaking and implement certain provisions of Subtitle B of SAFETEA-LU. FMCSA would determine in this rulemaking whether 49 CFR part 371 needs to be amended to protect consumers against unscrupulous brokers of household goods. FMCSA´s next stage for this rule is undetermined because resources are currently dedicated to other rulemaking actions.
Effects:
 Information Collection
Prompting action:Statute
Legal Deadline:  Final Rule : 08/10/2006
Rulemaking Project Initiated: 05/12/2003
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
30.  Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment Red
Popular Title:Intermodal Container Chassis
RIN 2126-AA86
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 11/29/2006;Publication Date 12/21/2006;End of Comment Period 03/21/2007;Extension of Comment Period 04/13/2007;End of Extended Comment Period 05/21/2007.
Abstract: This rulemaking would require entities that offer intermodal container chassis for transportation in interstate commerce to: file a Motor Carrier Identification Report (Form MCS-150); 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 offered for transportation and maintain documentation of the program; and provide a means for effectively responding to driver and motor carrier complaints about the condition of intermodal container chassis. The rulemaking is considered significant because of substantial industry and congressional interest and because it involves other departmental modes. It is required by SAFETEA-LU.
Effects:
 Regulatory Flexibility Act
Information Collection
Prompting action:Statute
Legal Deadline:  Final Rule : 08/10/2006
Rulemaking Project Initiated: 01/26/2004
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/10/2007  08/04/2008  08/08/2008 
To OMB 01/10/2008  09/22/2008  09/23/2008 
OMB Clearance 04/10/2008  12/01/2008   
Publication Date 04/24/2008  12/08/2008   
Explanation for any delay:Additional coordination necessary
Other, higher priorities
Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
31.  Electronic On-Board Recorders for Hours-of-Service Compliance Red
Popular Title:Electronic On-Board Recorders
RIN 2126-AA89
Stage: Final Rule
Previous Stage:ANPRM: Publication Date 9/01/2004; End of Comment Period 11/30/2004. NPRM: Publication Date 01/18/2007;End of Comment Period 04/18/2007.
Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured 2 years after the effective date of a final rule. On-board hours-of-service recording devices meeting FMCSA´s current requirements and voluntarily installed in CMVs manufactured before that date could continue to be used for the remainder of the service life of those CMVs. Motor carriers that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards (a remedial directive). The motor carrier would then be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency´s current requirements under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. FMCSA would encourage industry-wide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs: Revising the Agency´s compliance review procedures to permit examination of a random sample of drivers´ records of duty status; and providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied.
Effects:
 Economically Significant
Major
Information Collection
Privacy
Peer Review
Prompting action:Court Action
Legal Deadline: None
Rulemaking Project Initiated: 08/09/2004
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/03/2008  08/29/2008  09/03/2008 
To OMB 06/05/2008  10/13/2008   
OMB Clearance 09/05/2008  12/30/2008   
Publication Date 09/19/2008  01/04/2009   
Explanation for any delay:Other, higher priorities
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
32.  Qualifications of Drivers; Diabetes Standard Black
Popular Title:Diabetes Standard
RIN 2126-AA95
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 03/17/2006;End of Comment Period 06/15/2006.
Abstract: This rulemaking action would amend FMCSA´s medical qualification standards to allow drivers with insulin-treated diabetes mellitus to operate commercial motor vehicles in interstate commerce, without seeking an exemption from the FMCSRs.
Effects:
 None
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 08/10/2005
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:N/A
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
33.  National Registry of Certified Medical Examiners Red
Popular Title:National Registry
RIN 2126-AA97
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle drivers meet established physical qualifications standards; provide a database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users.
Effects:
 Major
Unfunded Mandate
Regulatory Flexibility Act
Information Collection
Privacy
Prompting action:Statute
Legal Deadline:  Final Rule : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/21/2006  06/02/2008  05/30/2008 
To OMB 08/21/2006  08/15/2008  08/19/2008 
OMB Clearance 11/20/2006  11/15/2008   
Publication Date 11/28/2006  11/22/2008   
Explanation for any delay:Additional coordination necessary
Other, higher priorities
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
34.  Consumer Complaint Information Black
Popular Title:Consumer Complaint Information
RIN 2126-AB01
Stage: Undetermined
Previous Stage:None
Abstract: The rulemaking would require each motor carrier of household goods to submit a quarterly report of specific identified information. This rule responds to SAFETEA-LU.
Effects:
 Information Collection
Privacy
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 08/10/2005
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:N/A
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
35.  Commercial Driver's License Testing and Commercial Learner's Permit Standards Red
Popular Title:Commercial Learner's Permit
RIN 2126-AB02
Stage: Undetermined
Previous Stage: NPRM: Publication Date 4/9/2008 ;End of Comment Period 6/9/2008; End of Extended Comment Period 7/9/2008.
Abstract: This rulemaking would establish revisions to the commercial driver’s license knowledge and skills testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue commercial learner’s permits (CLPs), based in part on the requirements of section 4122 of SAFETEA-LU. In addition, to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver´s record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver´s State of Domicile, and incorporate previous regulatory guidance into the Federal regulations. This rule would also address issues raised in the SAFE Port Act.
Effects:
 Regulatory Flexibility Act
Federalism
Information Collection
Prompting action:Statute
Legal Deadline:  Publish by Final Rule by : 04/13/2008
Rulemaking Project Initiated: 08/10/2005
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
36.  Railroad Highway Grade Crossing Safety Red
Popular Title:Railroad Highway Grade Crossing Safety
RIN 2126-AB04
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would prohibit operators of commercial motor vehicles (CMVs) from driving onto a railroad grade crossing unless there is sufficient space to drive completely through the crossing without stopping. It is intended to reduce the incidence of collisions between trains and CMVs. This rulemaking action is required by the Hazardous Materials Transportation Authorization Act of 1994.
Effects:
 None
Prompting action:Statute
Legal Deadline:  Final Rule : 02/16/1995
Rulemaking Project Initiated: 08/16/1994
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/01/2007  10/28/2008   
To OMB 06/07/2007  11/25/2008   
OMB Clearance 09/07/2007  02/25/2009   
Publication Date 09/17/2007  03/04/2009   
End of Comment Period 11/17/2007  06/04/2009   
Explanation for any delay:Additional coordination necessary
Other, higher priorities
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
37.  Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations Black
Popular Title:Entry Level Driver Training
RIN 2126-AB06
Stage: Undetermined
Previous Stage:NPRM: Publication Date 12/26/2007; End of Comment Period 3/28/2008; Publication Date for Extension of Comment Period 3/21/2008; End of Extended Comment Period 5/23/2008.
Abstract: This rulemaking would require behind-the-wheel and classroom training for persons who must hold a commercial driver´s license to operate commercial motor vehicles. This action is in response to the U.S. Court of Appeals for the District of Columbia Circuit´s December 2005 decision remanding the May 21, 2004, Final Rule, "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators" to the Agency for further consideration. The rulemaking will consider the effectiveness of CMV driver training in reducing crashes, the appropriate types and levels of training that should be mandated, and related costs. While FMCSA is working on a Final Rule for this issue, the rulemaking is listed as undetermined because no schedule has yet been decided upon.
Effects:
 Economically Significant
Major
Federalism
Prompting action:Court Action
Legal Deadline: None
Rulemaking Project Initiated: 04/19/2006
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:N/A
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
38.  Carrier Safety Fitness Determination Red
Popular Title:CSA 2010 Carrier Safety Fitness Determination
RIN 2126-AB11
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would revise 49 CFR Part 385, Safety Fitness Procedures, in accordance with the Agency´s major new initiative, Comprehensive Safety Analysis (CSA) 2010. CSA 2010 is a new operational model FMCSA plans to implement that is designed to help the Agency carry out its compliance and enforcement programs more efficiently and effectively. Currently, the safety fitness rating of a motor carrier is determined based on the results of a very labor intensive compliance review conducted at the carrier´s place of business. Aside from roadside inspections and new audits, the compliance review is the Agency´s primary intervention. Under CSA 2010, FMCSA would propose to implement a broader array of progressive interventions, some of which allow FMCSA to make contact with more carriers. Through this rulemaking FMCSA would establish safety fitness determinations based on safety data consisting of crashes, inspections, and violation history rather than the standard compliance review. This will enable the Agency to assess the safety performance of a greater segment of the motor carrier industry with the goal of further reducing large truck and bus crashes and fatalities.
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 06/21/2007
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/12/2007  10/10/2008   
To OMB 12/15/2007  11/10/2008   
OMB Clearance 03/15/2008  02/10/2009   
Publication Date 03/29/2008  02/15/2009   
End of Comment Period 06/29/2008  04/15/2009   
Explanation for any delay:Other, higher priorities
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
39.  Hours of Service of Drivers Red
Popular Title:Hours of Service of Drivers
RIN 2126-AB14
Stage: Final Rule
Previous Stage:None Interim Final Rule: Publication Approved 12/10/2007;Publication Date 12/17/2007;End of Comment Period 02/15/2008;Extension of Comment Period 02/20/2008;End of Extended Comment Period 03/17/2008.
Abstract: A rulemaking action was initiated in response to the July 2007 decision by the US Court of Appeals for the District of Columbia Circuit that vacated specific provisions of the Agency´s Hours of Service rule published on August 25, 2005. The Court invalidated two provisions: the first relates to increasing the daily driving limit from 10 to 11 hours; the second provision permits drivers to restart their count of weekly accumulations of hours after taking 34 consecutive hours off duty. The Court´s mandate issued on December 27, 2007; The Agency issued the Interim Final Rule to establish what hours of service are in effect.
Effects:
 None
Prompting action:Court Action
Legal Deadline: None
Rulemaking Project Initiated: 07/27/2007
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/01/2008  08/14/2008  08/14/2008 
To OMB 09/01/2008  10/13/2008   
OMB Clearance 12/01/2008  12/30/2008   
Publication Date 12/12/2008  01/04/2009   
Explanation for any delay:Additional coordination necessary
Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None