49 CFR 385 - SAFETY FITNESS PROCEDURES
- SUBPART A — General (§§ 385.1 - 385.19)
- SUBPART B — Safety Monitoring System for Mexico-Domiciled Carriers (§§ 385.101 - 385.119)
- SUBPART C — Certification of Safety Auditors, Safety Investigators, and Safety Inspectors (§§ 385.201 - 385.205)
- SUBPART D — New Entrant Safety Assurance Program (§§ 385.301 - 385.337)
- SUBPART E — Hazardous Materials Safety Permits (§§ 385.401 - 385.423)
- SUBPART F — Intermodal Equipment Providers (§§ 385.501 - 385.503)
- SUBPART G — [Reserved]
- SUBPART H — Special Rules for New Entrant Non-North America-Domiciled Carriers (§§ 385.601 - 385.609)
- SUBPART I — Safety Monitoring System for Non-North American Carriers (§§ 385.701 - 385.717)
- SUBPART J — Remedial Directives (§§ 385.801 - 385.819)
- Appendix A to Part 385 - Explanation of Safety Audit Evaluation Criteria
- Appendix B to Part 385 - Explanation of Safety Rating Process
- Appendix C to Part 385 - Regulations Pertaining to Remedial Directives in Part 385, Subpart J
Title 49 published on 2011-10-01
The following are only the Rules published in the Federal Register after the published date of Title 49.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-23758 RIN 2126-AB54 Docket No. FMCSA-2012-0274 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective October 1, 2012. The incorporation by reference of a certain publication listed in the rule is approved by the Director of the Federal Register as of October 1, 2012. 49 CFR Parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396, 397, 398, and 399, and Appendices B and G of Subchapter B of Chapter III This final rule makes technical corrections throughout title 49 CFR subtitle B, chapter III. The Agency is making minor editorial changes to add revised delegations of authority from the Secretary of Transportation (Secretary), correct errors and omissions, and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations (FMCSRs).
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-20233 RIN DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of policy. 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. 49 CFR Part 385 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.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-15740 RIN DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of amendment to enforcement policy. Effective Date: This policy amendment becomes effective June 27, 2012. 49 CFR Part 385 As stated in 49 CFR 385.407, in order for FMCSA to issue a hazardous materials safety permit (HMSP), a motor carrier must not have a crash rate, or driver, vehicle, or hazardous materials (HM) Out-of-Service (OOS) rate in the top 30 percentile of the national average. The current method for determining the qualifying crash and OOS rates under this rule, in effect since the inception of the HMSP program, utilizes two years of inspection data from FMCSA's Motor Carrier Management Information System (MCMIS) to calculate the OOS rates representing the top or worst-performing 30 percent of the national average. FMCSA has been recalculating the threshold crash and OOS rates every two years, using MCMIS data from the preceding two years. This notice of amendment explains the new methodology the Agency will begin to use to calculate the threshold crash rate and driver, vehicle, and HM OOS rates that qualify or disqualify a carrier for HMSP issuance. The revised methodology uses eight years of data from MCMIS (data from 2003 to 2010) to determine the national average for eligible crash and OOS thresholds that qualify for an HMSP. These rates will remain static rather than change every two years. The Agency decided that crash and OOS rates, which remain static over a longer period of time, will improve safety by providing a clearly identifiable standard for industry compliance and minimize the burden on motor carriers and the HM industry by allowing more appropriate measures that ensure eligibility for the HMSP. The calculations of crash and OOS rates in this notice of amendment will be implemented immediately and posted to FMCSA's Web site. These new static rates will remain in effect until further notice.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-12692 RIN Docket No. FMCSA-2007-27659 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of regulatory guidance and applicability of ``tank vehicle'' definition. Effective date for the regulatory guidance: May 24, 2012. Compliance date for the May, 9, 2011 final rule: States must be in compliance with the requirements in subpart B of Part 384 (49 CFR part 384) by July 8, 2014. 49 CFR Parts 383, 384, and 385 On May 9, 2011, FMCSA published a final rule titled “Commercial Driver's License Testing and Commercial Learner's Permit Standards.” Among other things, the rule revised the definition of “tank vehicle.” The change required additional drivers, primarily those transporting certain tanks temporarily attached to the commercial motor vehicle (CMV), to obtain a tank vehicle endorsement on their commercial driver's license (CDL). The Agency has since received numerous questions and requests for clarification. This notice responds to questions about the new definition and the compliance date for drivers to obtain the tank vehicle endorsement.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-11437 RIN 2126-AB45 Docket No. FMCSA-2012-0006 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective May 14, 2012. 49 CFR Parts 350, 385, 395, and 396 This final rule rescinds the final rule published on April 5, 2010, entitled “Electronic On-Board Recorders for Hours-of-Service Compliance” and amended by a September 13, 2010, technical amendment. This action responds to a decision of the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-11438 RIN 2126-AB50 Docket No. FMCSA-2012-0049 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective May 14, 2012. 49 CFR Parts 350, 385, and 395 This final rule repromulgates in the Code of Federal Regulations a statutory requirement that FMCSA revoke the operating authority registration of a for-hire motor carrier for failure to comply with safety fitness requirements; if the Agency determines that a motor carrier is “Unfit” based on its Safety Fitness Determination procedures, the Agency must revoke the carrier's operating authority registration. Unfit motor carriers are prohibited from operating in interstate commerce, and the Secretary of Transportation is required by statute to revoke their operating authority registration. This final rule also repromulgates several technical provisions and makes non-substantive administrative changes. These changes, initially adopted as part of the April 5, 2010, final rule entitled “Electronic On-Board Recorders for Hours-of-Service Compliance,” are necessary because, for reasons unrelated to this final rule, the United States Court of Appeals for the Seventh Circuit invalidated the previous rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-10931 RIN 2126-AB02 Docket No. FMCSA-2007-27659 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Correcting amendments. This final rule is effective on May 8, 2012. 49 CFR Parts 384 and 385 FMCSA published a final rule in the Federal Register on Monday, May 9, 2011, that became effective on July 8, 2011. That final rule amended the commercial driver's license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner's permit (CLP). Since the final rule was published, FMCSA identified minor discrepancies regarding section references in existing regulatory text resulting from the final rule. This document corrects those section references.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 113 - Federal Motor Carrier Safety Administration
§ 504 - Reports and records
§ 521 - Civil penalties
§ 5105 - Transporting certain highly radioactive material
§ 5109 - Motor carrier safety permits
§ 13901 - Requirement for registration
§ 13902 - Registration of motor carriers
§ 13903 - Registration of freight forwarders
§ 13904 - Registration of brokers
§ 13905 - Effective periods of registration
§ 31133 - General powers of the Secretary of Transportation
§ 31135 - Duties of employers and employees
§ 31136 - United States Government regulations
§ 31137 - Monitoring device and brake maintenance regulations
§ 31144 - Safety fitness of owners and operators
§ 31148 - Certified motor carrier safety auditors
§ 31502 - Requirements for qualifications, hours of service, safety, and equipment standards
Title 49 published on 2011-10-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 385 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-27569 RIN 2126-AB42 Docket No. FMCSA-2011-0321 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of proposed rulemaking (NPRM). You must submit comments on or before January 14, 2013. 49 CFR Parts 385 and 386 FMCSA proposes amendments to its regulations that would enable the Agency to suspend or revoke the operating authority registration of motor carriers that have shown egregious disregard for safety compliance or that permit persons who have shown egregious disregard for safety compliance to act on their behalf. These amendments would implement section 4113 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) as amended by section 32112 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), and are designed to enhance the safety of commercial motor vehicle (CMV) operations on our nation's highways.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-26044 RIN 2126-AB55 Docket No. FMCSA-2012-0262 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective November 23, 2012. 49 CFR Part 385 The FMCSA amends the Federal Motor Carrier Safety Regulations to remove the provision indicating that the Agency will consider a 10-day extension of the 45-day period after which passenger and hazardous materials carriers must cease operation after receiving a proposed unsatisfactory safety rating. The Agency previously discontinued this practice as a matter of policy and now amends the regulation to be consistent with the policy and the statutory language concerning this matter. Although FMCSA will continue to review requests for upgrades of proposed unsatisfactory safety rating for such carriers, the Agency will no longer grant extensions to the 45-day period.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-23758 RIN 2126-AB54 Docket No. FMCSA-2012-0274 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective October 1, 2012. The incorporation by reference of a certain publication listed in the rule is approved by the Director of the Federal Register as of October 1, 2012. 49 CFR Parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396, 397, 398, and 399, and Appendices B and G of Subchapter B of Chapter III This final rule makes technical corrections throughout title 49 CFR subtitle B, chapter III. The Agency is making minor editorial changes to add revised delegations of authority from the Secretary of Transportation (Secretary), correct errors and omissions, and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations (FMCSRs).
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-20233 RIN DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of policy. 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. 49 CFR Part 385 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.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-15740 RIN DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of amendment to enforcement policy. Effective Date: This policy amendment becomes effective June 27, 2012. 49 CFR Part 385 As stated in 49 CFR 385.407, in order for FMCSA to issue a hazardous materials safety permit (HMSP), a motor carrier must not have a crash rate, or driver, vehicle, or hazardous materials (HM) Out-of-Service (OOS) rate in the top 30 percentile of the national average. The current method for determining the qualifying crash and OOS rates under this rule, in effect since the inception of the HMSP program, utilizes two years of inspection data from FMCSA's Motor Carrier Management Information System (MCMIS) to calculate the OOS rates representing the top or worst-performing 30 percent of the national average. FMCSA has been recalculating the threshold crash and OOS rates every two years, using MCMIS data from the preceding two years. This notice of amendment explains the new methodology the Agency will begin to use to calculate the threshold crash rate and driver, vehicle, and HM OOS rates that qualify or disqualify a carrier for HMSP issuance. The revised methodology uses eight years of data from MCMIS (data from 2003 to 2010) to determine the national average for eligible crash and OOS thresholds that qualify for an HMSP. These rates will remain static rather than change every two years. The Agency decided that crash and OOS rates, which remain static over a longer period of time, will improve safety by providing a clearly identifiable standard for industry compliance and minimize the burden on motor carriers and the HM industry by allowing more appropriate measures that ensure eligibility for the HMSP. The calculations of crash and OOS rates in this notice of amendment will be implemented immediately and posted to FMCSA's Web site. These new static rates will remain in effect until further notice.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-12692 RIN Docket No. FMCSA-2007-27659 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of regulatory guidance and applicability of ``tank vehicle'' definition. Effective date for the regulatory guidance: May 24, 2012. Compliance date for the May, 9, 2011 final rule: States must be in compliance with the requirements in subpart B of Part 384 (49 CFR part 384) by July 8, 2014. 49 CFR Parts 383, 384, and 385 On May 9, 2011, FMCSA published a final rule titled “Commercial Driver's License Testing and Commercial Learner's Permit Standards.” Among other things, the rule revised the definition of “tank vehicle.” The change required additional drivers, primarily those transporting certain tanks temporarily attached to the commercial motor vehicle (CMV), to obtain a tank vehicle endorsement on their commercial driver's license (CDL). The Agency has since received numerous questions and requests for clarification. This notice responds to questions about the new definition and the compliance date for drivers to obtain the tank vehicle endorsement.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-11437 RIN 2126-AB45 Docket No. FMCSA-2012-0006 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective May 14, 2012. 49 CFR Parts 350, 385, 395, and 396 This final rule rescinds the final rule published on April 5, 2010, entitled “Electronic On-Board Recorders for Hours-of-Service Compliance” and amended by a September 13, 2010, technical amendment. This action responds to a decision of the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-11438 RIN 2126-AB50 Docket No. FMCSA-2012-0049 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Final rule. Effective May 14, 2012. 49 CFR Parts 350, 385, and 395 This final rule repromulgates in the Code of Federal Regulations a statutory requirement that FMCSA revoke the operating authority registration of a for-hire motor carrier for failure to comply with safety fitness requirements; if the Agency determines that a motor carrier is “Unfit” based on its Safety Fitness Determination procedures, the Agency must revoke the carrier's operating authority registration. Unfit motor carriers are prohibited from operating in interstate commerce, and the Secretary of Transportation is required by statute to revoke their operating authority registration. This final rule also repromulgates several technical provisions and makes non-substantive administrative changes. These changes, initially adopted as part of the April 5, 2010, final rule entitled “Electronic On-Board Recorders for Hours-of-Service Compliance,” are necessary because, for reasons unrelated to this final rule, the United States Court of Appeals for the Seventh Circuit invalidated the previous rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-10931 RIN 2126-AB02 Docket No. FMCSA-2007-27659 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Correcting amendments. This final rule is effective on May 8, 2012. 49 CFR Parts 384 and 385 FMCSA published a final rule in the Federal Register on Monday, May 9, 2011, that became effective on July 8, 2011. That final rule amended the commercial driver's license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner's permit (CLP). Since the final rule was published, FMCSA identified minor discrepancies regarding section references in existing regulatory text resulting from the final rule. This document corrects those section references.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-7899 RIN 2126-AB20 Docket No. FMCSA-2010-0167 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of public listening session. The listening session will be held on Thursday, April 26, 2012, at the Commercial Vehicle Safety Alliance (CVSA) meeting in Bellevue, WA. The listening session will run from 1:30 p.m.-5:30 p.m., with a break between 3:30 p.m. and 4 p.m., and continue from 4 p.m.-5:30 p.m. local time, or earlier, if all participants wishing to express their views have done so. 49 CFR Parts 385, 390, and 395 FMCSA announces that it will hold a public listening session to solicit information, concepts, ideas, and comments on Electronic On-Board Recorders (EOBRs) and the issue of driver harassment. Specifically, the Agency wants to know what factors, issues, and data it should consider as it addresses the distinction between productivity and harassment: What will prevent harassment from occurring; what types of harassment already exist; how frequently and to what extent harassment happens; and how an electronic device such as an EOBR, capable of contemporaneous transmission of information to a motor carrier, will guard against (or fail to guard against) harassment. Additionally, the Agency will solicit concepts, ideas, and comments from enforcement personnel on the hours-of-service (HOS) information they would need to see on the EOBR display screen to effectively enforce the HOS rules at the roadside and the type of evidence they would need to retain in order to support issuing drivers citations for HOS violations observed during roadside inspections. This session will be held in Bellevue, Washington (WA), and will allow interested persons to present comments, views, and relevant new research that FMCSA should consider in development of Supplemental Notice of Proposed Rulemaking (SNPRM). This listening session will be recorded and a transcript of the session will be placed in the docket for FMCSA's consideration. The listening session will also be webcast via the Internet and will allow for email interactivity during the webcast.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-4876 RIN 2126-AB20 Docket No. FMCSA-2010-0167 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of public listening session. The listening session will be held on Friday, March 23, 2012, at the Mid-America Trucking Show in Louisville, KY. The listening session will run from 10 a.m.-12 p.m., with a break between 12 p.m. and 2 p.m., and continue from 2 p.m.-4 p.m. local time, or earlier, if all participants wishing to express their views have done so. 49 CFR Parts 385, 390, and 395 FMCSA announces that it will hold a public listening session to solicit information, concepts, ideas, and comments on Electronic On-Board Recorders (EOBRs) and the issue of driver harassment. Specifically, the Agency wants to know what factors, issues, and data it should consider as it addresses the distinction between productivity and harassment: what will prevent harassment from occurring; what types of harassment already exist; how frequently and to what extent harassment happens; and how an electronic device such as an EOBR, capable of contemporaneous transmission of information to a motor carrier will guard against (or fail to guard against) harassment. This session will be held in Louisville, Kentucky (KY), and will allow interested persons to present comments, views, and relevant new research that FMCSA should consider in development of the final rule. This listening session will be recorded and a transcript of the session will be placed in the docket for FMCSA's consideration. The listening session will also be webcast via the Internet.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-3265 RIN 2126-AB20 Docket No. FMCSA-2010-0167 DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration Notice of intent. 49 CFR Parts 385, 390, and 395 FMCSA announces its intent to move forward with the Electronic On-Board Recorders and Hours of Service Supporting Documents rulemaking (EOBR 2) by preparing a Supplemental Notice of Proposed Rulemaking (SNPRM). To augment the Agency's efforts to obtain comprehensive data to support this SNPRM, FMCSA plans to do the following: hold listening sessions on the issue of driver harassment; task the Motor Carrier Safety Advisory Committee (MCSAC) to assist in developing material to support this rulemaking, including technical specifications for EOBRs and their potential to be used to harass drivers; and conduct research by surveying drivers, carriers, and vendors regarding harassment issues.