Report on DOT Significant Rulemakings

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Table of Contents

Federal Motor Carrier Safety Administration

32. Commercial Driver's License Standards; Biometric Identifier

33. Commercial Learner Permits

34. Qualification of Drivers; Field of Vision

35. Medical Qualification Requirements as Part of the CDL Process

36. Railroad-Highway Grade Crossing Safety

37. Unified Registration System

38. Transportation of Household Goods; Consumer Protection Regulations

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

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

41. New Entrant Safety Assurance Process

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

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

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

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

46. Hours of Service of Drivers; Supporting Documents

47. Enforcement of Operating Authority Requirements

48. Brokers of Household Goods Transportation by Motor Vehicle

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

50. Inspection, Repair and Maintenance of Intermodal Container Chassis

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



Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
32. 
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: This rulemaking would establish minimum uniform standards for a biometric identification system for CMV operators, as directed by section 9105 of the Truck and Bus Safety and Regulatory Reform Act of 1988. In 1989, the FHWA published an ANPRM soliciting comments on a pilot demonstration project using biometric identifiers that included retinal eye scans and fingerprint technologies. After reviewing the comments, FHWA determined at the time that technology had not progressed to 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 results of the pilot study and the comments on the ANPRM, to demonstrate how the technologies studied fell short of the demands in the commercial licensing environment at the time. Section 4011(c) of TEA-21, which amended 49 USC 31308, requires each 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 a final report was issued in December 2002. FMCSA is considering setting biometric storage and transmission standards which States would use if they voluntarily wish to store fingerprint images and transmit such images to other States upon request. Action on this rulemaking is on hold pending action by the Department of Homeland Security on determining a biometric convention. This action is considered significant because of substantial public interest and national security.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final rule : 12/31/1990
Rulemaking Project Initiated: 11/18/1988
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 07/14/2003  12/14/2004   
To OMB 08/14/2003  01/14/2005   
OMB Clearance 11/14/2003  04/14/2005   
Publication Date 11/28/2003  04/30/2005   
End of Comment Period 01/28/2004  06/30/2005   
Explanation for any delay: Other, higher priorities
Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
33. 
Commercial Learner Permits Green
Popular Title: Commercial Permits
RIN 2126-AA03
Stage: SNPRM
Previous Stage: NPRM: Publication Date 8/22/1990; End of Comment Period 10/22/90. Comment Period Extended: Publication Date 10/23/90; End of Extended Comment Period 11/30/90.
Abstract: This rulemaking would establish Federal minimum standards for States to issue commercial driver's licenses (CDLs). The Federal Highway Administration issued an NPRM on 08/22/90. This supplemental NPRM is intended to account for subsequent changes in the CDL program.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/06/1990
Dates for SNPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/30/2005     
To OMB 04/29/2005     
OMB Clearance 07/29/2005     
Publication Date 08/15/2005     
End of Comment Period 10/15/2005     
Explanation for any delay: N/A
Federal Register Citation for SNPRM: None


Federal Motor Carrier Safety Administration
34. 
Qualification of Drivers; Field of Vision Red
Popular Title: Field of Vision
RIN 2126-AA05
Stage: NPRM
Previous Stage: ANPRM: Publication Date 2/28/92; End of Comment Period 4/28/92. Notice of Information: Publication Date 6/05/96.
Abstract: As part of a review of the medical qualification standards applicable to interstate CMV drivers, the Federal Highway Administration issued an ANPRM in February of 1992 to consider whether to amend the driver qualification requirements regarding the vision standard. A temporary waiver program was initiated to permit the agency to observe and collect data on the driving experience of a group of vision-deficient drivers who met certain preconditions, and was concluded on March 31, 1996. 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 on June 5, 1996, at 61 FR 28547. The agency contracted 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 NPRM to amend its regulation governing the visual field requirement in the vision standard.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/01/1991
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 02/15/2005  09/20/2004  09/15/2004 
Returned to Mode 02/28/2005  09/30/2004  11/23/2004 
To OMB 03/15/2005  12/10/2004   
OMB Clearance 06/15/2005  03/10/2005   
Publication Date 06/30/2005  03/17/2005   
End of Comment Period 08/30/2005  05/17/2005   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
35. 
Medical Qualification Requirements as Part of the CDL Process Red
Popular Title: Medical CDL
RIN 2126-AA10
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 7/15/94; End of Comment Period 11/14/94.
Abstract: This rulemaking would provide for a Federal medical certification as part of the commercial driver's license (CDL) program, and implement Section 215 of the Motor Carrier Safety Improvement Act. Incorporating medical qualification verification and documentation into State-administered CDL procedures will improve highway safety by preventing medically-unqualified individuals from obtaining a CDL. It will also eliminate the requirement for CDL operators to carry their medical certificate in addition to their CDL. FMCSA originally planned to publish a NPRM by February 15, 2003.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 07/15/1993
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: Unanticipated impacts requiring further analysis
Unanticipated issues requiring further analysis
Federal Register Citation for Undetermined: None


Federal Motor Carrier Safety Administration
36. 
Railroad-Highway Grade Crossing Safety Red
Popular Title: Rail-Highway Crossing
RIN 2126-AA18
Stage: Undetermined
Previous Stage: NPRM: Publication Date 7/30/98; End of Comment Period 11/27/98.
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. This rulemaking action is required by the Hazardous Materials Transportation Authorization Act of 1994. It is intended to reduce the incidence of collisions between trains and CMVs. This action is considered significant because of substantial public interest and safety issues.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete Final Rule : 02/16/1995
Rulemaking Project Initiated: 08/26/1994
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Undetermined: None


Federal Motor Carrier Safety Administration
37. 
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 would replace three current identification and registration systems -- the USDOT identification number system, the registration/licensing system, and the financial responsibility system -- with a unified registration system. It would consolidate and simplify current Federal registration processes and increase public accessibility to data about interstate and foreign motor carriers, property brokers, and freight forwarders. In addition, the agency will consider comments on how it might replace a fourth system -- the single-State registration system -- in a manner consistent with conditions imposed by statute.
Effects:
  Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  Final Rule : 01/01/1998
Rulemaking Project Initiated: 01/01/1996
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 02/15/2002  09/13/2002  10/16/2002 
Returned to Mode     11/26/2002 
Resubmitted to OST 08/30/2003  09/27/2004  10/04/2004 
To OMB 03/15/2002  10/27/2004   
OMB Clearance 04/24/2002  01/25/2005   
Publication Date 04/30/2002  01/31/2005   
End of Comment Period 07/01/2002  03/31/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
38. 
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 Comment Period 10/13/98. Interim Final Rule: Publication Date 6/11/2003; End of Comment Period 8/11/2003. IFR Compliance Date Delayed: Publication Date 9/30/2003. IFR Technical Amendments: Publication Date 03/05/2004. Technical Amendments Clarified and New Compliance Date: Publication Date 4/02/2004.
Abstract: This rule would make final the interim regulations governing interstate transportation of household goods, which specify how motor carriers that transport household goods must assist individual customers who ship household goods. The agency received several petitions for reconsideration of the Interim Final Rule (IFR) and made technical amendments to the IFR to address the concerns of petitioners.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/01/1998
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 11/01/2004    11/09/2004 
To OMB 12/01/2004  12/13/2004   
OMB Clearance 03/01/2005  03/14/2005   
Publication Date 03/08/2005  03/21/2005   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
39. 
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 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 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:
  None
Prompting action: International Agreement
Legal Deadline:  None
Rulemaking Project Initiated: 02/07/2001
Dates for Undetermined:
Milestone Originally
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
40. 
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
EIS
Prompting action: International Agreement
Legal Deadline:  None
Rulemaking Project Initiated: 02/07/2001
Dates for Undetermined:
Milestone Originally
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
41. 
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; IFR Effective Date 01/01/2003.
Abstract: This rulemaking would establish minimum requirements for new entrant motor carriers to ensure that they are knowledgeable about applicable Federal motor carrier safety standards. After ensuring that they are knowledgeable, the new entrants would be able to operate for 18 months in which time they must pass a safety review in order to receive permanent operating authority. An NPRM is necessary to clarify that all foreign motor carriers planning to operate in interstate commerce (except Mexico-domiciled motor carriers who are covered under the NAFTA rules) will be subject to these requirements.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 12/09/1999
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 08/17/2004  11/22/2004   
To OMB 09/17/2004  12/22/2004   
OMB Clearance 12/17/2004  03/22/2005   
Publication Date 12/31/2004  03/29/2005   
End of Comment Period 02/28/2005  05/27/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
42. 
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 requires that any safety inspection, audit, or review be conducted by a certified investigator. It specifically gives FMCSA authority to decertify an investigator, including a third-party investigator, for failure to meet the prescribed certification standards. It is required by section 211 of the Motor Carrier Safety Improvement Act. Based on comments to the IFR, the agency will issue an NPRM that addresses issues not raised in the IFR.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete NPRM : 12/09/2000
Rulemaking Project Initiated: 12/09/1999
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 07/08/2005     
To OMB 08/08/2005     
OMB Clearance 11/07/2005     
Publication Date 11/14/2005     
End of Comment Period 01/13/2006     
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
43. 
Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSS) Red
Popular Title: FMVSS Certification
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 require motor carriers to ensure that each CMV they operate in interstate commerce displays a label certifying that the vehicle complies with all applicable FMVSSs in effect on the date of manufacture. It would also 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 performance requirements.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 08/01/2001
Dates for Final Rule:
Milestone Originally
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  09/09/2004 
OMB Clearance 03/15/2004  12/10/2004   
Publication Date 03/30/2004  12/17/2004   
Explanation for any delay: Additional coordination necessary
Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
44. 
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: 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 Approved 07/21/2004;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. This rulemaking is on hold awaiting next TSA action. This action is considered significant because of substantial public and congressional interest, and national security.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 10/26/2001
Dates for Undetermined:
Milestone Originally
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
45. 
Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers Red
Popular Title: CVSA decals
RIN 2126-AA72
Stage: Interim Final Rule
Previous Stage: None
Abstract: This rulemaking would amend part 396 of the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate requirements, as codified in parts 365 and 385, that all CMVs 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 must display a Commercial Vehicle Safety Alliance (CVSA) decal issued by a 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 rulemaking would also clarify that carriers will be required to obtain the necessary inspection decal before proceeding beyond border ports of entry or the nearby CMV safety inspection facility. 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.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/09/2002
Dates for Interim Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 09/15/2002  12/24/2004   
To OMB 10/15/2002  01/24/2005   
OMB Clearance 01/15/2003  04/25/2005   
Publication Date 02/01/2003  04/29/2005   
End of Comment Period 04/01/2003  06/29/2005   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Interim Final Rule: None


Federal Motor Carrier Safety Administration
46. 
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.
Abstract: This rulemaking would amend the hours-of-service recordkeeping requirements to clarify what supporting documents motor carriers must have to validate hours of service records. It will clarify: That the duty of motor carriers is to verify the accuracy of drivers' hours of service (HOS) and records of duty status (RODS) if including automatic on-board records; that the driver's duty is to collect and submit to the motor carrier all supporting documents with the RODS; that carriers are required to maintain supporting documents with the RODS; and that a supporting document based on a self-monitoring system is required to be the primary method for ensuring compliance with the HOS regulations. It would allow the use of electronic documents as a supplement to, and in certain instances in lieu of, paper supporting documents in recognition of developing technologies. It would clarify the definitions of "supporting documents," "employee," and "driver," and the current requirement that each motor carrier use a self-monitoring system to verify HOS and RODS. This rulemaking is considered significant because of substantial industry interest and safety.
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:
Milestone Originally
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  09/29/2004 
Publication Date 04/10/2003  11/03/2004  11/03/2004 
End of Comment Period 06/10/2003  01/03/2005  01/03/2005 
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: 69 FR 63997


Federal Motor Carrier Safety Administration
47. 
Enforcement of Operating Authority Requirements Red
Popular Title: Operating Authority 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 require that a motor carrier who is subject to registration requirements at 49 U.S.C. 13902 may not operate a CMV in interstate commerce unless it has registered with FMCSA. It also would prohibit motor carriers from operating beyond the scope of their registered authorization. Moreover, if vehicles are discovered operating in violation of such registration requirements, they would be placed out of service, and the carrier may be subject to additional penalties. This action makes State enforcement of registration requirements a condition of MCSAP eligibility.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/29/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 07/14/2003  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
48. 
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:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/17/2004  09/03/2004  09/08/2004 
To OMB 06/17/2004  10/08/2004  10/26/2004 
OMB Clearance 09/17/2004  01/26/2005   
Publication Date 09/30/2004  02/02/2005   
End of Comment Period 11/30/2004  04/04/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for ANPRM: None


Federal Motor Carrier Safety Administration
49. 
Hours of Service of Drivers - Sleeper Berth Rest Period Red
Popular Title: Sleeper Berth
RIN 2126-AA85
Stage: NPRM
Previous Stage:None
Abstract: The rulemaking will consider whether to permit sleeper berth rest periods to extend maximum on-duty time limits when followed by 10 hours off-duty, and will address the complex issues surrounding sleeper berth rest periods, off-duty requirements, and related matters. On November 3, 2003, FMCSA received a petition for rulemaking from the American Trucking Associations (ATA), and FMCSA has granted ATA's petition. The agency's next action is undetermined because of a recent court decision and decisions to be made on revisions to the Hours Of Service rule. This rulemaking is considered significant because of substantial industry interest and safety implications.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/24/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 09/21/2004  12/20/2004   
To OMB 10/21/2004  01/19/2005   
OMB Clearance 01/21/2005  04/19/2005   
Publication Date 01/28/2005  04/25/2005   
End of Comment Period 03/28/2005  06/25/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
50. 
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 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.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/26/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 09/15/2004  12/20/2004   
To OMB 10/15/2004  01/19/2005   
OMB Clearance 01/15/2005  04/19/2005   
Publication Date 01/31/2005  04/25/2005   
End of Comment Period 03/30/2005  06/25/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
51. 
Electronic On-Board Recorders for Hours-of-Service Compliance Green
Popular Title: Electronic On-Board Recorders
RIN 2126-AA89
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking is considering potential amendments to FMCSA regulations concerning the use of electronic on-board recording devices as a way to document compliance with the Federal hours-of-service rules. The agency is seeking information on issues to be considered in the development of improved performance specifications for these recording devices. This will help ensure that future requirements for the use of on-board recorders are appropriate when applied to emerging technologies. This action is considered significant because of substantial industry and public interest and its importance in responding to a recent court decision.
Effects:
  Economically Significant
Major
Unfunded Mandate
Prompting action: Court Action
Legal Deadline:  None
Rulemaking Project Initiated: 08/09/2004
Dates for ANPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST     08/24/2004 
To OMB     08/27/2004 
OMB Clearance     08/27/2004 
Publication Date 09/01/2004    09/01/2004 
End of Comment Period 11/30/2004    11/30/2004 
Explanation for any delay: N/A
Federal Register Citation for ANPRM: 69 FR 53386