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DOT/FMCSA

RIN: 2126-AA35

Publication ID: Fall 2008

Title: Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States
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.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 385
Legal Authority: 49 USC 113, 504, and 521(b)(5)(A) 49 USC 5113, 31136, 31144, and 31502 sec 350 of PL 107-87

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	05/03/2001	66 FR 22415
NPRM Comment Period End	07/02/2001
Interim Final Rule	03/19/2002	67 FR 12758
IFR Comment Period End	04/18/2002
IFR Effective*	05/03/2002
Notice of Intent To Prepare an EIS	08/26/2003	68 FR 51322
EIS Public Scoping Meetings	10/08/2003	68 FR 58162
Next Action Undetermined	To Be Determined

Additional Information: .
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: State
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations	Federalism: Yes
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: Yes
Agency Contact: Milt Schmidt Chief, North American Borders Division Department of Transportation Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-4049 Email: milt.schmidt@dot.gov