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[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Rules and Regulations]
[Pages 49384-49385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20233] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 385 FMCSA Policy on the Timeliness of New Entrant Corrective Action
Submissions AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of policy. ----------------------------------------------------------------------- SUMMARY: FMCSA provides notice of the Agency's policy that it must
receive a new entrant motor carrier's evidence of corrective action
within 15 days of the date of a new entrant safety audit failure notice
or within 10 days of the date of an expedited action notice. A new
entrant motor carrier that does not submit evidence of corrective
action within these time periods could have its registration revoked
and be placed out of service. DATES: This decision became effective on July 20, 2012 for expedited
action notices and will become effective on August 20, 2012 for safety
audit failure notices. FOR FURTHER INFORMATION CONTACT: Thomas Kelly, Office of Enforcement
and Program Delivery, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590, (202) 366-1812; email
Thomas.Kelly@dot.gov. SUPPLEMENTARY INFORMATION: Background FMCSA's New Entrant Safety Assurance Program, 49 CFR Part 385,
subpart D, applies to new entrant motor carriers domiciled in the
United States and Canada. FMCSA published an interim final rule on May
13, 2002 (67 FR 31978), establishing the safety audit process for new
entrant motor carriers. In order to improve the effectiveness of the
program, FMCSA published a Final Rule on December 16, 2008 (73 FR
76472), amending the regulations to raise the standard of compliance
for passing the new entrant safety audit. Appendix A to 49 CFR part 385
explains the safety audit evaluation criteria. In addition, there are
sixteen regulations that FMCSA has identified as essential elements of
basic safety management controls necessary to operating in interstate
commerce. A violation of any one of these sixteen regulations will
result in automatic failure of the new entrant safety audit (49 CFR
385.321(b)). A new entrant must successfully comply with the Appendix A
criteria and have no violations of the sixteen automatic failure
regulation in order to pass the safety audit (49 CFR 385.321(a)). A new entrant motor carrier that fails the safety audit must
provide evidence demonstrating corrective action for all violations
contributing to the carrier's failure. Except for certain passenger
carriers and hazardous materials carriers which must take corrective
action within 45 days, new entrants must take corrective action within
60 days (49 CFR 385.319(c)). If the new entrant fails to submit timely
evidence of corrective action that is acceptable to FMCSA, its new
entrant registration will be revoked and its interstate motor carrier
operations ordered out of service (49 CFR 385.325(b)). In addition, a new entrant that commits certain violations listed
at 49 CFR 385.308(a) may be subject to an expedited action which may
include being subjected to an expedited safety audit or compliance
review, or being required to submit evidence demonstrating corrective
action (49 CFR 385.308). If the new entrant has already had a safety
audit or compliance review, FMCSA will send it a letter advising that
it must submit evidence of corrective action within 30 days (49 CFR
385.308(b)(2)). If the new entrant does not respond demonstrating
corrective action on the expedited actions within 30 days, its
registration will be revoked (49 CFR 385.308(d)). Policy FMCSA must receive a new entrant motor carrier's corrective action
plan within 15 days of the date of a new entrant safety audit failure
notice or within 10 days of the date of an expedited action notice, in
order to ensure adequate time for review. Otherwise, the motor carrier
risks having its registration revoked and being placed out of service.
FMCSA has observed that a number of new entrant carriers have waited
until the end of the corrective action periods established in 49 CFR
385.308(b) and 385.319(c) to submit evidence of corrective action,
leaving Agency officials little to no time for review. However, Sec.
385.308 requires the carrier to submit evidence demonstrating
corrective action within 30 days. Similarly, Sec. 385.325(a) requires
the new entrant to submit evidence that is acceptable to FMCSA within
the specified corrective action period. If Agency officials do not have
sufficient time for review, the Agency cannot make a determination
within the appropriate time period as to whether evidence of corrective
action has been properly demonstrated, as required by Sec. 385.308, or
is acceptable, as required by Sec. 385.325(a). If FMCSA receives evidence of corrective action within 15 days of
the date of the new entrant safety audit failure notice or within 10
days of the date of the expedited action notice, Agency officials will
either review and make a decision on whether it is acceptable before
the end of the corrective action period or, in the case of new entrant
safety audit failures, grant an extension of time to complete the
review if the Agency determines that the motor carrier is making a good
faith effort to remedy deficiencies. The Agency will not grant an
extension in the case of an expedited action notice or for motor
carriers that transport passengers or hazardous materials, as defined
in 49 CFR 390.5. If FMCSA receives evidence of corrective action more than 15 days
after the date of the new entrant safety audit failure notice or more
than 10 days after the date of the expedited action notice, the Agency
will not guarantee that the evidence will be considered prior to the
expiration of the corrective action period. If the corrective action
period expires before the Agency makes a determination, the carrier's
registration will be revoked. If the Agency subsequently determines
that the corrective action plan is acceptable, the carrier's
registration will be immediately reinstated. However, if the Agency
subsequently determines that the corrective action plan is not
acceptable, the carrier will be required to wait the requisite 30 days
before reapplying for new entrant registration in accordance with 49
CFR 385.329. Issued on: August 8, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-20233 Filed 8-15-12; 8:45 am]
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