This page lists final rules, proposed rules (ANPRM, NPRM), and notices recently published in the Federal Register that may interest the motor carrier industry. You may view or print a Hypertext Markup Language (HTML) version or a Portable Document Format (PDF) version of the rulemaking. Use any web browser or word processing software to view the HTML version

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Please note that this page contains only 2002 publications.  Follow links for previous years' publications.

RULEMAKINGS

FINAL RULES

TITLE : Final rule; Revision to Periodic Tire Check Requirement for Motor Carriers Transporting Hazardous Materials; published : October 4, 2002 (67 FR 62191) 2 pp. [Docket No. FMCSA-02-13376; Docket No. RSPA-02-12773] RIN 2126-AA74; RIN 2137-AD69; the effective date is November 4, 2002.

TITLE : Technical Amendments to the Federal Motor Carrier Safety Regulations (FMCSRs). published : (67 FR 61818 October 2, 2002) 7 pp.

The Federal Register issued a correction (67 FR 63996, October 16, 2002) to the Final rule, "Development of a North American Standard for Protection Against Shifting and Falling Cargo," previously published on September 27. Under section 393.124, which deals with Securing pipe with an inside diameter up to 1,143 mm (45 in), subparagraph "(a)" has been corrected to read subparagraph "(e) ".

TITLE :Registration Enforcement; published : August 28, 2002 (67 CFR 55162) 4 pp; [Docket No. FMCSA-2002-13015] RIN 2126-AA78

The FMCSA amends its regulations to require that a motor carrier subject to the registration requirements under 49 U.S.C. 13902 may not operate a commercial motor vehicle in interstate commerce unless it has registered with this agency. These motor carriers are further prohibited from operating beyond the scope of their registration. If an unregistered carrier's motor vehicle is discovered in operation or being operated beyond the scope of the carrier's registration, such motor vehicle will be placed out of service and the carrier may be subject to additional penalties. The States are currently required to enforce these registration requirements as a condition for receipt of Motor Carrier Safety Assistance Program funds. Amending the Federal Motor Carrier Safety Regulations (FMCSRs) to specifically include the out-of-service (OOS) provisions will help ensure that all carriers subject to 49 U.S.C. 13902 are apprised of and comply with applicable FMCSR's, operate only within the scope of registration, and operate safe vehicles within the United States. Benefits to the agency include the ability to more accurately identify and monitor the safety fitness of motor carriers.

TITLE : Application for Jerry Parker making him exempt from Driver Physical Qualification Standards Date Published: August 22, 2002 (67 FR 54525) ; [Docket No. FMCSA-2002-12432];

TITLE : Brake Performance Requirements for Commercial Motor Vehicles Inspected by Performance-Based Brake Testers Date Published: August 9, 2002 (49 CFR Part 393) ; [Docket Nos. FMCSA-99-6266];

TITLE : FMCSA is revising the Commercial Driver's License(CDL) Program, Date Published: July 31, 2002 (67 FR 49742) 24 pp;Final Rule, [Docket Nos. FMCSA-2001-9709 and FMCSA-00-7382]; making it effective September 30, 2002, to enhance the safety of commercial motor vehicle (CMV) operations on our nation's highwats by ensuring that only safe drivers operate CMV's.

TITLE : Notice of application for 30 exemptions from the vision standards; request for comment; Date Published: July 11, 2002 (67 FR 46016) 5 pp ;[Docket No. FMCSA-2002-12294];Comment are due by August 12, 2002

TITLE : Certification of Safety Auditors, Safety Investigators, and Safety Inspectors; Delay of Effective Date published : Monday, June 17, 2002 (67 FR 41196) 1 page [Docket No. FMCSA-2001-11060] RIN 2126-AA64

The FMCSA delays for 30 days the effective date of the interim final rule titled ``Certification of Safety Auditors, Safety Investigators, and Safety Inspectors,'' published in the Federal Register on March 19, 2002 at 67 FR 12776. That rule establishes procedures to certify and maintain certification for auditors and investigators. It also requires certification for State or local government Motor Carrier Safety Assistance Program (MCSAP) employees performing driver/vehicle roadside inspections. The FMCSA needs more time to review all of the comments received on this rulemaking.

TITLE : New Entrant Safety Assurance Process; published : Monday, May 13, 2002 67 FR 31978 (9 pp) Final Rule; [Docket No. FMCSA-2001-11061] RIN 2126-AA59

Summary : FMCSA is issuing this Interim Final Rule (IFR), and making it effective January 1, 2003, to ensure safe operations by new entrant motor carriers. This IFR provides that new entrant carriers, like any other carrier operating in the U.S., must comply with all Federal motor carrier regulations, etc. FMCSA requests comments on several important issues, including the information collection estimates using a new suppplemental form. The comment period ends July 12, 2002.

TITLE : Revision of application form for Mexico-Domiciled Motor carriers to operate in US Municipalities and commercial zones; published : March 19, 2002 (67 FR 12652) 50 pp. Final Rule; [Docket No. FMCSA-98-3297] RIN 2126-AA33

Summary : The FMCSA revises its regulations and form that relate to the issuance of Certificates of Registration to those Mexico-domiciled motor carriers (of property) that want to operate in the United States only within the municipalities adjacent to Mexico in Texas, New Mexico, Arizona, and California and within the commercial zones of such municipalities (``border zones''). This rule also revises FMCSA's regulations governing financial responsibility of motor carriers to accurately reflect the requirements placed on these Mexico-domiciled motor carriers. Other types of carriers that currently hold a Certificate of Registration (such as exempt carriers that operate beyond the border zones) must now apply under separate FMCSA regulations that we are issuing in an interim final rule published elsewhere in today's Federal Register. The revisions in this action are part of FMCSA's efforts to ensure the safe operation of Mexico- domiciled motor carriers in the United States. They will ensure that the FMCSA receives adequate information to assess a new applicant's safety program and its ability to comply with U.S. safety standards before it is registered to operate in the United States. The FMCSA will evaluate current certificate holders who re-file under these regulations to determine if they meet U.S. safety standards and should be permitted to continue operations within the border zones. As a result of these changes, the agency also will be better able to maintain an accurate census of registered carriers. Additionally, the regulations have been updated to reflect the transfer of motor carrier regulatory functions from the Federal Highway Administration (FHWA) to FMCSA.

TITLE: Application by certain Mexico-Domiciled Motor carriers to operate beyond US Municipalities and commercial zones published : March 19, 2002 (67 FR 12701) 55 pp. Interim final rule; [Docket No. FMCSA-98-3298]; RIN 2126-AA34

SUMMARY: The FMCSA revises its regulations and form, OP-1(MX), governing applications by Mexico-domiciled carriers who want to operate within the United States beyond the municipalities adjacent to Mexico in Texas, New Mexico, Arizona and California and beyond the commercial zones of such municipalities (``border zones''). This interim rule includes requirements that were not proposed in the NPRM, but which are necessary to comply with the Fiscal Year 2002 DOT Appropriations Act enacted into law in December 2001. This action is taken in anticipation of a presidential order lifting the current statutory moratorium on authorizing such operations. The form requires additional information about the applicant's business and operating practices to help the FMCSA to determine if the applicant will be able to meet the safety standards established for operating in interstate commerce in the United States. Carriers that previously submitted an application to operate beyond the border zones must submit the updated form. Any Mexico-domiciled motor carrier (of property) that wants to operate within the United States solely within the border zones must apply under separate FMCSA regulations that we are issuing elsewhere in today's Federal Register. The revisions in this action are part of FMCSA's efforts to ensure the safe operation of Mexico-domiciled motor carriers in the United States and implement the 2002 DOT Appropriations Act. This action will ensure that FMCSA receives adequate information to assess an applicant's ability to comply with U.S. safety standards. It requires that all Mexico-domiciled carriers subject to this rule undergo a safety audit before receiving provisional authority to operate in the United States. Therefore, the FMCSA is publishing this action as an interim final rule and is delaying the effective date in order to consider additional public comments regarding pre- authorization safety audits before grants of provisional authority. These changes will result in the FMCSA being able to better maintain an accurate census of Mexico-domiciled carriers operating beyond the border zones.

TITLE : Safety monitoring system and compliance iniative for Mexico-Domiciled motor carriers published : March 19, 2002 Interim final rule; (67 FR 12757) 18 pp. [Docket No. FMCSA-98-3299]; RIN 2126-AA35

SUMMARY: The FMCSA implements a safety monitoring system and compliance initiative designed to evaluate the continuing safety fitness of all Mexico-domiciled motor carriers within 18 months after receiving a provisional Certificate of Registration or provisional authority to operate in the United States. This rule includes requirements that were not proposed in the NPRM, but which are necessary to comply with the Fiscal Year 2002 DOT Appropriations Act enacted into law in December 2001. The rule also establishes suspension and revocation procedures for provisional Certificates of Registration and operating authority and incorporates criteria to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic safety management controls. Therefore, the FMCSA is publishing this action as an interim final rule and is delaying the effective date in order to consider additional public comments regarding the safety monitoring system for Mexico- domiciled carriers. The revisions in this action are part of FMCSA's efforts to ensure the safe operation of Mexico-domiciled motor carriers in the United States.

TITLE : Certification of safety auditors, safety investigators, and safety inspectors published : March 19, 2002 (67 FR 12775) 5 pp. Interim final rule; [Docket No. FMCSA-2001-11060]; RIN 2126-AA64

SUMMARY: The FMCSA is amending the Federal Motor Carrier Safety Regulations (FMCSRs) by designating the current safety fitness regulations and adding Certification of Safety Auditors, Safety Investigators, and Safety Inspectors regulations. Section 211 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) requires that a certified motor carrier safety auditor perform any safety audit or compliance review conducted after December 31, 2002. This rule establishes procedures to certify and maintain certification for auditors and investigators. In addition, it requires certification for State or local government Motor Carrier Safety Assistance Program (MCSAP) employees performing driver/vehicle roadside inspections.

PROPOSED RULES

TITLE : Parts and accessories necessary for safe operation; (FMVSSs); published : March 19, 2002 (67 FR 12781) 7 pp. [Docket No. FMCSA-2001-10886]; RIN 2126-AA69

SUMMARY: The FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) so that motor carriers ensure that each commercial motor vehicle (CMV) they operate in interstate commerce displays a label certifying that the vehicle complies with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) in effect on the date of manufacture. This rulemaking ensures 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.

TITLE : Retroactive certification of commercial vehicles published : March 19, 2002 (67 FR 12789) 9 pp. Proposed policy statement; [Docket No. NHTSA-2002-11594; Notice 1]; RIN 2127-A159

SUMMARY: NHTSA seeks comment on a draft policy statement. The policy is part of the Department of transportation's efforts to ensure that the interests of safety are protected as the United States takes the steps necessary to comply with its obligations under the North American Free trade Agreement regarding the access of Mexico-domiciled motor carriers to the United States.

NOTICES

GENERAL

TITLE : Notice of application; Qualification of Drivers; Exemption Application; Vision; Published: Thursday, December 12, 2002 (67 FR 76439) 4 pp [Docket No. FMCSA-2002-13411]; Comments are due by January 13, 2003.

TITLE : FMCSA seeks comment on "Notice of intent to consider negotiated rulemaking process" concerning maintenance of intermodal container chassis and trailers, by January 13, 2003. Published: Friday, November 29, 2002 (67 FR 71127) 1 p.

FMCSA gives notice, that on Sunday, January 12, 20003, from 7:30 a.m. to 12:30 p.m., the Office of Research and Technology will hold a meeting/forum at the Marriott Wardman Park Hotel, 2660 Woodley Road, NW, Washington, DC 20008. The forum is open to the public, but interested parties are urged to register by December 20, 2002. Published: Friday, November 29, 2002 (67 FR 71231) 1 p.

TITLE : Notice of denials; Qualification of drivers; Exemption Application; Vison; The FMCSA announces that 534 individuals were denied exemptions from the Federal vision standards. Published: Tuesday, November 26, 2002 ( 67 FR 70802) 4 pp.

TITLE : Notice of application for exemption; Qualification of Drivers; Exemption Application; Vision; Published: Tuesday, November 12, 2002 [Docket No. FMCSA-2002-12844] Comments due by December 12, 2002

TITLE : Notice of renewal; Qualification of Drivers; Exemption Application; Vision; published : Monday, November 4, 2002 (67FR 67234) 3 pp. [Docket No. FMCSA-99-5578, FMCSA-99-6156, FMCSA-99-6480, FMCSA-2000-7006, FMCSA-2000-7165, and FMCSA-2000-8203] effective date November 9, 2002; comments due by December 4, 2002

TITLE : Notice and comments requested on renewal of exemptions from the vision requirement for 76 individuals; Effective 09/21/2002; Comment period ends October 9. published : September 9, 2002 (67 FR 57266) 2 pp

TITLE : Notice of final decision to exempt 29 individuals from the vision requirement; effective 09/09/2002. published : September 9, 2002 (67 FR 57267) 2 pp

TITLE : Notice of renewal of exemption; Vision published : Monday, June 3, 2002 (67 FR 38311) 2 pp [Docket Nos. FMCSA-99-5748 (OMCS-99-5748), FMCSA-99-6480]

This notice announces FMCSA's decision to renew the exemptions from the vision requirement in 49 CFR 391.41(b)(10) for 11 individuals.

TITLE : Notice of final disposition; Vision exemption; published : Thursday, May 30, 2002 67 FR 37907 (4 pp) [Docket No. FMCSA-2002-11714]

FMCSA announces its decision to exempt 30 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE : Commercial Driver's License Standards; Exemption Application From Joest Racing USA, Inc. published : Tuesday, May 14, 2002 67 FR 34515 (2 pp) [Docket No. FMCSA-2002-12162]

FMCSA is requesting comments on Commercial Driver's License (CDL) exemptions for Joest Racing USA, Inc. Exemptions would be issued for a period of two years. Comments are due June 13, 2002.

TITLE : Notice of final disposition; Vision exemption application; published : April 23, 2002 ((67 FR 19798) 3 pp.) [Docket No. FMCSA-2001-1142]

TITLE : Notice of exemption from vision requirements; published : April 9, 2002 ((67 FR 17102) 3 pp.) [Docket Nos. FMCSA-99-5748, FMCSA-99-5473, FMCSA-99-6156, and FMCSA-99-6480]

TITLE : Notice for renewal of a currently-approved information collection: FMCSR, accident recorkeeping requirements; published : April 5, 2002 ((67 FR 16487)) [Docket No. FMCSA-2002-11733]

TITLE : Notice of exemption from the vision standards; published : April 2, 2002 ((67FR 15662)) 4 pp. [Docket No. FMCSA-2002-11714]

SUMMARY: This notice announces FMCSA's receipt of applications from 30 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).

TITLE : Notice; Ford motor company fuel tank exemptions; published : March 27, 2002 ((67 FR 14765)) 2 pp. [Docket No. FMCSA-99-5867]

SUMMARY: The FMCSA is granting the application from the Ford Motor Company (Ford) for exemptions for the vehicles specified in this notice. The exemptions sought are from certain fuel tank design and certification labeling requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). These exemptions enable motor carriers to continue operating commercial motor vehicles (CMVs) manufactured by Ford which are equipped with fuel tanks that do not meet the FMCSA's requirements that fuel tanks be capable of receiving fuel at a rate of at least 20 gallons per minute and be labeled or marked by the manufacturer to certify compliance with the design criteria. The FMCSA believes the terms and conditions of the current exemptions for similarly-equipped Ford CMVs have ensured a level of safety that is equivalent to the level of safety that would be achieved by complying with the regulations, and that granting the exemptions would not adversely affect highway safety. The exemptions continue to preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE : Notice; General motor company fuel tank exemptions; published : March 27, 2002 (67 FR 14764) 2 pp. [Docket No. FMCSA-99-6285]

SUMMARY: The FMCSA is granting the application from the General Motors Corporation (GM) for exemptions for the vehicles specified in this notice. Those exemptions are from certain fuel tank design and certification labeling requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). Renewal of the exemptions enables motor carriers to continue operating commercial motor vehicles (CMVs) manufactured by GM which are equipped with fuel tanks that do not meet the FMCSA's requirements that fuel tanks be capable of receiving fuel at a rate of at least 20 gallons per minute and be labeled or marked by the manufacturer to certify compliance with the design criteria. The FMCSA believes the terms and conditions of the exemptions have ensured a level of safety that is equivalent to the level of safety that would be achieved by complying with the regulations, and that renewing the exemptions would not adversely affect highway safety. The exemptions continue to preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE : Recordkeeping and record retention published : March 19, 2002 (67 FR 12799) 6 pp. Notice; [Docket No. NHTSA-2002-11592; Notice 1] RIN 2127-A160

SUMMARY: This is one of three documents that NHTSA is issuing as part of efforts by the United States to comply with its obligations under the North American Free trade Agreement (NAFTA) regarding the access of Mexican-domiciled motor carriers to the United States. The first NHTSA document is a draft policy statement allowing fabricating manufacturers to retroactively certify vehicles they originally manufactured for sale in countries other than the United States. The purpose of the proposed policy statement is to facilitate compliance by Mexico- and Canada- domiciled motor carriers with the National traffic and Motor Vehicle Safety Act of 1966, recodified at 49 U.S.C. Chapter 301, which provides for the issuance of Federal motor vehicle safety standards (FMVSSs), requires the compliance of motor vehicles (including imported motor vehicles) with those standards, and requires that a label bearing a statement certifying that compliance be attached to each vehicle. The draft policy statement also facilitates compliance with a companion notice of proposed rulemaking by the Federal Motor Carrier Safety Administration (FMCSA). In its document, FMCSA will be proposing to promote the effective enforcement of NHTSA's statute by requiring that all commercial motor vehicles operating in the United States have labels certifying their compliance with the FMVSSs.

TITLE : Importation of commercial motor vehicles published : March 19, 2002 (67 FR 12807) 5 pp. Notice; [Docket No. NHTSA-2002-11593]; RIN 2127-A164

TITLE: Notice of application for exemptionpublished: March 13, 2002; [Docket No. FMCSA-2002-11507]; Date: March 13, 2002

SUMMARY:This notice announces the FMCSA's receipt of an application from Mr. Kevin Howell for an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) alternative physical qualification standards for the loss or impairment of limbs. Mr. Howell's right arm was amputated at the shoulder. Mr. Howell is applying for an exemption to allow him to operate a commercial motor vehicle (CMV) in interstate commerce without a prosthesis. Mr. Howell believes his driving record indicates that a level of safety can be achieved that is equivalent to, or greater than, the level of safety that would be obtained by complying with the standards for the loss or impairment of limbs set forth in 49 CFR 391.41 (b)(1) and 391.49.

INFORMATION COLLECTION

60-Day Notices:

30-Day Notices: