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Report on DOT Significant Rulemakings

Table of Contents

Federal Motor Carrier Safety Administration

24. Unified Registration System

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

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

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. Qualifications of Drivers; Diabetes Standard

30. National Registry of Certified Medical Examiners

31. Consumer Complaint Information

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

33. Carrier Safety Fitness Determination

34. New Entrant Safety Assurance Process: Implementation of Section 210(b) of the Motor Carrier Safety Improvement Act of 1999

35. Commercial Driver's License Drug and Alcohol Clearinghouse

36. Electronic On-Board Recorders and Hours of Service Supporting Documents

37. Hours of Service

38. Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones

39. Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report for Intermodal Equipment

40. Medical Examiner's Certification Integration

41. Patterns of Safety Violations by Motor Carrier Management

42. Lease and Interchange of Vehicles; Commercial Motor Vehicles Designed to Transport Passengers





Federal Motor Carrier Safety Administration



Federal Motor Carrier Safety Administration
24.  Unified Registration System Red
Popular Title:URS
RIN 2126-AA22
Stage: SNPRM
Previous Stage:ANPRM: Publication Date 08/26/96; End of Comment Period 10/26/96. NPRM: Publication Date 05/19/05; End of Comment Period 08/17/05.
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 (URS). 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 Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The replacement system for the Single State Registration System, which the ICC Termination Act originally directed be merged under URS, was addressed separately in RIN 2126-AB09. The cargo insurance portion of this rulemaking has been split off into RIN 2126-AB21.
Effects:
 Regulatory Flexibility Act
Information Collection
Prompting action:Statute
Legal Deadline:  Final Rule (SAFETEA-LU) : 08/10/2006
Final Rule (ICC Act) : 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  03/14/2011  03/15/2011 
Concurrences Due to OST 02/07/2007  03/21/2011  03/22/2011 
Withdrawn from OST     03/16/2011 
Resubmitted to OST/2     03/25/2011 
To OMB 03/08/2007  06/27/2011  07/06/2011 
OMB Clearance 06/08/2007  10/06/2011  10/11/2011 
Publication Date 06/29/2007  10/20/2011  10/26/2011 
End of Comment Period 09/28/2007  12/22/2011  12/27/2011 
Explanation for any delay:Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: 76 FR 66506




Federal Motor Carrier Safety Administration
25.  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:IFR: 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 originally planned to publish a final rule by November 20, 2003. FMCSA will determine the next steps to be taken after the pilot program on the long haul trucking provisions of NAFTA is completed.
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
26.  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:IFR: 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 originally planned to publish a final rule by November 28, 2003. FMCSA will determine the next steps to be taken after the pilot program on the long haul trucking provisions of NAFTA is completed.
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 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
27.  Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red
Popular Title:Safety Auditors Certification
RIN 2126-AA64
Stage: NPRM
Previous Stage:IFR: Date of Publication 03/19/02; Effective Date 06/17/02; End of Comment Period 05/20/02, IFR: Notice Extending Compliance Date 06/17/02; End of Extended C/P 07/17/02. IFR: Notice of Statutory Compliance Date 12/23/03, Reinstated IFR 1/01/04.
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 Interim Final Rule (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  06/18/2012   
To OMB 08/08/2005  07/20/2012   
OMB Clearance 11/07/2005  10/19/2012   
Publication Date 11/14/2005  10/31/2012   
End of Comment Period 01/13/2006  01/01/2013   
Explanation for any delay:Other, higher priorities
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 Black
Popular Title:USA PATRIOT Act Rule
RIN 2126-AA70
Stage: Undetermined
Previous Stage:IFR: Publication Date 04/29/2005.
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 Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
Explanation for any delay:N/A
Federal Register Citation for Undetermined: None




Federal Motor Carrier Safety Administration
29.  Qualifications of Drivers; Diabetes Standard Red
Popular Title:Diabetes Standard
RIN 2126-AA95
Stage: NPRM
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. This action is required by Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
Effects:
 None
Prompting action:Statute
Legal Deadline:  Initiate change : 11/10/2005
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/19/2010  10/09/2012   
To OMB 08/20/2010  11/14/2012   
OMB Clearance 11/19/2010  02/14/2013   
Publication Date 11/30/2010  02/23/2013   
End of Comment Period 01/30/2011  04/23/2013   
Explanation for any delay:Lack of staffing
Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
30.  National Registry of Certified Medical Examiners Red
Popular Title:National Registry
RIN 2126-AA97
Stage: Final Rule
Previous Stage:NPRM: Publication Date 12/01/08; End of Comment Period 01/30/09.
Abstract: This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle (CMV) 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 who 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 (SAFETEA-LU).
Effects:
 Economically Significant
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 Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/21/2009  08/01/2011  08/01/2011 
To OMB 01/21/2010  09/23/2011  09/22/2011 
OMB Clearance 04/21/2010  12/23/2011   
Publication Date 05/05/2010  12/30/2011   
Explanation for any delay:Additional coordination necessary
Lack of resources
Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
31.  Consumer Complaint Information Red
Popular Title:Consumer Complaint Information
RIN 2126-AB01
Stage: Final Rule
Previous Stage:NPRM: Publication Date 02/20/2008, End of Comment Period 4/21/2008.
Abstract: The rulemaking would require each motor carrier of household goods to submit a quarterly report of specific identified information regarding complaints that each receives from shippers and consumers to the Agency. This rule responds to Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
Effects:
 Information Collection
Privacy
Prompting action:Statute
Legal Deadline:  Report in place : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/23/2010  05/21/2012   
To OMB 09/24/2010  06/22/2012   
OMB Clearance 12/24/2010  09/21/2012   
Publication Date 01/07/2011  10/02/2012   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
32.  Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations Red
Popular Title:Entry Level Driver Training
RIN 2126-AB06
Stage: Final Rule
Previous Stage:NPRM: Publication Date 12/26/2007; 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.
Effects:
 Economically Significant
Major
Federalism
Prompting action:Court Action
Legal Deadline: None
Rulemaking Project Initiated: 04/19/2006
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/16/2009  02/20/2012   
To OMB 11/16/2009  03/23/2012   
OMB Clearance 02/16/2010  06/25/2012   
Publication Date 02/26/2010  07/02/2012   
Explanation for any delay:Additional coordination necessary
Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
33.  Carrier Safety Fitness Determination Red
Popular Title: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). CSA 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, 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 from crashes, inspections, and violation history rather than just 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:
 Major
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  10/02/2009  09/25/2009 
Withdrawn from OST   03/22/2010  03/22/2010 
Resubmitted to OST   12/19/2011   
To OMB 12/15/2007  01/19/2012   
OMB Clearance 03/15/2008  04/19/2012   
Publication Date 03/29/2008  04/30/2012   
End of Comment Period 06/29/2008  07/02/2012   
Explanation for any delay:Additional coordination necessary
Awaiting development of additional data
Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
34.  New Entrant Safety Assurance Process: Implementation of Section 210(b) of the Motor Carrier Safety Improvement Act of 1999 Black
Popular Title:MCSIA 210(b)
RIN 2126-AB17
Stage: Undetermined
Previous Stage:ANPRM: Publication Date 08/25/2009; End of Comment Period 10/26/2009.
Abstract: This rulemaking would consider methods for ensuring a new applicant carrier is knowledgeable about the applicable safety requirements before being granted New Entrant authority. The agency is considering whether to implement a proficiency examination as part of its revised New Entrant Safety Assurance Process as well as other alternatives. This rulemaking responds to issues raised in a petition from Advocates for Highway and Auto Safety regarding new entrant applicant knowledge.
Effects:
 None
Prompting action:Court Action
Legal Deadline: None
Rulemaking Project Initiated: 02/26/2009
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 Drug and Alcohol Clearinghouse Red
Popular Title:CDL Drug and Alcohol Database
RIN 2126-AB18
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver´s license (CDL) holders and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the database. Prospective employers, acting on an application for a CDL driver position with the applicant’s written consent to access the database, would query the database to determine if any specific information about the driver applicant is in the database before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT´s return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities.
Effects:
 Economically Significant
Major
Information Collection
Privacy
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 03/01/2009
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/01/2010  01/09/2012   
To OMB 03/01/2010  02/10/2012   
OMB Clearance 05/31/2010  05/14/2012   
Publication Date 06/18/2010  05/23/2012   
End of Comment Period 09/30/2010  07/24/2012   
Explanation for any delay:Additional coordination necessary
Other, higher priorities
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
36.  Electronic On-Board Recorders and Hours of Service Supporting Documents Red
Popular Title:EOBR and HOS supporting documents
RIN 2126-AB20
Stage: Undetermined
Previous Stage:NPRM: Publication Date 02/01/11; End of Comment Period 04/04/2011, NPRM: Extension of Comment Period 04/13/2011; End of Extended Comment Period 05/23/11.
Abstract: This rulemaking will consider revisions to RIN 2126-AA89 (Electronic On-Board Recorders for Hours of Service Drivers) to expand the number of motor carriers required to install and operate Electronic On-Board Recorders (EOBRs). FMCSA is consolidating this follow-up to the EOBR rule with the Hours Of Service Of Drivers: Supporting Documents rulemaking for development of a single NPRM in RIN 2126-AB20. In addressing Hours of Service Supporting Documents requirements in this new rulemaking, FMCSA will consider reducing or eliminating current paperwork burdens associated with supporting documents in favor of expanded EOBR use. On January 15, 2010, the American Trucking Associations (ATA) filed a Petition for a Writ of Mandamus in the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 10-1009). ATA petitioned the court to direct FMCSA to issue an NPRM on supporting documents in conformance with the requirements set forth in section 113 of the HMTAA within 60 days after the issuance of the writ and a final rule no later than 6 months after the issuance of the NPRM. The court granted the petition for writ of mandamus on September 30, 2010, ordering FMCSA to issue an NPRM on the supporting document regulations by December 30, 2010. At the request of the agency, the DC Circuit extended the deadline to January 31, 2011. On April 5, 2010, FMCSA issued a final rule (RIN 2126-AA89) that required the use of EOBRs by motor carriers with significant hours-of-service violations (75 FR 17208). A petition for judicial review was filed with the Seventh Circuit. On August 26, 2011, the Court vacated the final rule, which removed the technical specifications relied on in this rulemaking. The Agency is currently evaluating alternatives in continuing this rulemaking, and at this time is uncertain of the rule´s schedule.
Effects:
 Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Information Collection
Privacy
Prompting action:Court Action
Legal Deadline:  NPRM : 01/31/2011
Rulemaking Project Initiated: 08/26/1994
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
37.  Hours of Service Green
Popular Title:HOS (Settlement Agreement)
RIN 2126-AB26
Stage: Final Rule
Previous Stage:NPRM: Publication Date 12/29/10; End of Comment Period 03/04/11; End of Reopened Comment Period 06/08/11
Abstract: This rulemaking changes to the hours of service requirements for drivers operating a commercial motor vehicle transporting property. The requirement for this rulemaking was established on October 26, 2009, when Public Citizen, et al. (Petitioners) and FMCSA entered into a settlement agreement under which Petitioners´ petition for judicial review of the November 19, 2008, Final Rule on drivers´ hours of service was held in abeyance pending the publication of an NPRM reevaluating the Hours of Service rule.
Effects:
 Economically Significant
Major
Regulatory Flexibility Act
EIS
Prompting action:Settlement Agreement
Legal Deadline:  Final Rule : 07/26/2011
NPRM to OMB : 07/26/2010
Agreement to extend final rule to : 10/28/2011
Rulemaking Project Initiated: 10/26/2009
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/09/2011    08/11/2011 
To OMB 08/30/2011    10/31/2011 
OMB Clearance 10/20/2011    12/20/2011 
Publication Date 10/28/2011    12/27/2011 
Explanation for any delay:N/A
Federal Register Citation for Final Rule: 76 FR 81134




Federal Motor Carrier Safety Administration
38.  Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones Red
Popular Title:Restricting the Use of Cellular Phones
RIN 2126-AB29
Stage: Final Rule
Previous Stage:NPRM: Publication Date 12/21/2010; End of Comment Period 03/21/2011.
Abstract: This joint FMCSA/PHMSA rulemaking would restrict the use of mobile telephones while operating a commercial motor vehicle. This rulemaking is in response to Federal Motor Carrier Safety Administration-sponsored studies that analyzed safety incidents and distracted drivers. This rulemaking addresses an item on the National Transportation Safety Board´s "Most Wanted List" of safety recommendations. It is part of the DOT Motorcoach Safety Action Plan.
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 12/01/2009
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/01/2011    08/03/2011 
To OMB 08/22/2011    09/09/2011 
OMB Clearance 10/04/2011  11/04/2011  11/21/2011 
Publication Date 10/12/2011  11/14/2011  12/02/2011 
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Final Rule: 76 FR 75470




Federal Motor Carrier Safety Administration
39.  Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report for Intermodal Equipment Green
Popular Title:No-Defect DVIR
RIN 2126-AB34
Stage: Final Rule
Previous Stage:NPRM: Publication Date 6/7/11; End of Comment Period 8/8/11.
Abstract: This rulemaking would revise a requirement of the FMCSRs that applies to intermodal equipment providers and motor carriers operating intermodal equipment (IME). The rulemaking would delete the requirement for drivers operating IME to submit driver-vehicle inspection reports (DVIRs) when the driver has not found or been made aware of any defects ("no-defect DVIRs"). This rulemaking responds to a joint petition for rulemaking from the Ocean Carrier Equipment Management Association and the Institute of International Container Lessors.
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 09/13/2010
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/23/2012     
To OMB 02/24/2012     
OMB Clearance 05/28/2012     
Publication Date 04/11/2012     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Federal Motor Carrier Safety Administration
40.  Medical Examiner's Certification Integration Green
Popular Title:Medical Examiner's Certification Integration
RIN 2126-AB40
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would build upon the National Registry (2126-AA97) and Medical Certification (2126-AA10) final rules. This rulemaking would (1) provide for the medical examiner to transmit data from the medical examiner´s certificate through FMCSA to the State Driver Licensing Agencies (SDLAs) for Commercial Driver´s License (CDL) holders and (2) require increased frequency of medical examiner reporting of medical examiner´s certificate data to the National Registry database. This should streamline the process for SDLAs to verify the physical qualifications of CDL holders.
Effects:
 Economically Significant
Major
Information Collection
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 04/20/2011
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/17/2012     
To OMB 05/22/2012     
OMB Clearance 08/22/2012     
Publication Date 08/31/2012     
End of Comment Period 10/31/2012     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
41.  Patterns of Safety Violations by Motor Carrier Management Green
Popular Title:Patterns of Saftey Violations
RIN 2126-AB42
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend FMCSA´s regulations to enable the Agency to prevent interstate transportation by motor carriers that employ officers who have shown unusual and repeated disregard for safety compliance. The rulemaking would define conduct that constitutes a pattern or practice of avoiding compliance or otherwise concealing noncompliance with the Federal Motor Carrier Safety Regulations. These revisions would implement certain provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and are designed to enhance the safety of commercial motor vehicle (CMV) operations on our nation´s highways.
Effects:
 None
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/26/2012     
To OMB 04/30/2012     
OMB Clearance 07/31/2012     
Publication Date 08/09/2012     
End of Comment Period 10/10/2012     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Federal Motor Carrier Safety Administration
42.  Lease and Interchange of Vehicles; Commercial Motor Vehicles Designed to Transport Passengers Black
Popular Title:Bus Leasing
RIN 2126-AB44
Stage: NPRM
Previous Stage:None
Abstract: FMCSA proposes to amend the Federal Motor Carrier Commercial Regulations (FMCCRs) to amend the lease and interchange of vehicle regulations in 49 CFR Part 376 to add busses and passenger coaches. FMCSA has been discovering in its passenger bus crash investigations and roadside inspections a need for better documentation of bus equipment lease and interchange agreements. The National Transportation Safety Board (NTSB) has also recommended FMCSA require documentation of bus motor vehicle leases and interchanges based on a crash investigation in 2008 near Victoria, Texas. The preliminary scope of the proposal would be to determine two things. First, whether any or all of the present practices of motor carriers of passengers, with respect to the performance of transportation by the use of vehicles owned by others, the interchange of vehicles, and the leasing of vehicles to private motor carriers and shippers, should be discontinued because they are contrary to the public interest; and, if any or all of the present practices should be continued. Second, whether the motor carriers´ practices should be governed by regulations similar to those currently in 49 CFR Part 376 applicable presently only to motor carriers of property. The intended effect of this action is to require lessee-motor carriers of passengers assume complete responsibility for the operation of the bus equipment for the duration of the lease and document full operational control by the lessee-motor carriers of passengers over all drivers, bus vehicles, and trip operations being conducted under its USDOT registration.
Effects:
 Major
Information Collection
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 09/28/2011
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/04/2012     
To OMB 07/09/2012     
OMB Clearance 10/09/2012     
Publication Date 06/12/2012     
End of Comment Period 08/13/2012     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None