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DOT/FMCSA RIN: 2126-AB10 Publication ID: Fall 2010 
Title: Revocation of Operating Authority 
Abstract: This action was merged with RIN 2126-AA89 [75 FR 17208]. This rule would enable FMCSA to revoke the operating authority of (1) a for-hire motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the Agency's safety fitness requirements, or (2) a passenger carrier conducting unsafe operations deemed to be an imminent hazard to public health or property. This action is required by SAFETEA-LU. The EOBR I rule includes a specific provision (49 CFR 385.13(e)), providing for summary revocation of registration (operating authority) whenever a proposed unfitness determination becomes final. This derives from section 4104 of SAFETEA-LU which directed summary revocation of operating authority "for failure to comply with the safety fitness requirements of 49 U.S.C. 31144. Section 4104 is self-executing and, thus, would not have required an implementing rule. In the EOBR I context, however, the Agency determined that it was appropriate to specifically reference revocation as a consequence of a carrier´s unfit status for failure to comply with an EOBR directive. Because the revocation reach of section 4104 extends to any unfitness determination based on section 31144 compliance failures, the Agency, further, wanted to ensure that the reference introduced into the regulations in the EOBR rule was not specifically limited to EOBR mandate compliance breaches. Accordingly, the provision introduced into 49 CFR 385 fully responds to and reflects the revocation provision of section 4104. 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 385    49 CFR 386   
Legal Authority: PL 109–59 (2005), sec 4104    PL 109–59 (2005), sec 4113   
Legal Deadline:
Action Source Description Date
Final  Statutory  Issue fInal rule  08/10/2006 
Timetable:
Action Date FR Cite
Merged With RIN 2126-AA89  08/20/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 2126-AA89 
Agency Contact:
Bryan Price
Transportation Specialist
Department of Transportation
Federal Motor Carrier Safety Administration
1000 Liberty Avenue, Suite 300,
Pittsburgh, PA 15222
Phone:412-395-4816
Email: Bryan.price@dot.gov