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DOT/FHWA

RIN: 2125-AC71

Publication ID: Spring 1998

Title: Safety Fitness Procedures; Safety Ratings
Abstract: The FHWA published an interim final rule on August 16, 1991, to implement provisions of the Motor Carrier Safety Act of 1990. Section 15 of this Act (Pub. L. 101-500) prohibits a motor carrier that receives an "unsatisfactory" safety rating from operating commercial motor vehicles to transport hazardous materials in quantities for which vehicle placarding is required or to transport more than 15 passengers, including the driver. The prohibition is effective 45 days after receipt of an unsatisfactory rating and remains in effect until a satisfactory or conditional rating is secured. ^POn May 28, 1997, the FHWA published a second interim final rule and a companion notice of proposed rulemaking (NPRM) in response to an adverse decision of the United States Court of Appeals for the District of Columbia Circuit. The court held in March 1997 that the Safety Fitness Rating Methodology (SFRM) used by the agency, but not adopted as part of the FHWA's safety fitness rating regulation (49 CFR part 385) pursuant to rulemaking, had to be so adopted. The May 1997 interim final rule adopted the existing SFRM as appendix B to 49 CFR part 385 to be used in assigning safety ratings to motor carriers that (1) transport hazardous materials in quantities for which the vehicle placarding is required, or (2) transport more than 15 passengers, including the driver. Also, on May 28, 1997 the FHWA published an NPRM proposing to adopt the SFRM for use in assigning safety fitness ratings to all classes of motor carriers. The NPRM discussed the public comments received in response to the 1991 interim final rule. ^PIn response to the public comments received to the May 1997 interim final rule and NPRM, the FHWA adopted the SFRM as appendix B to part 385 for use in assigning safety fitness ratings for all motor carriers. This action is not significant under E.O. 12866, but is considered to be significant by the Department of Transportation under its Regulatory Policies and Procedures because of the public interest in the methodology used by the FHWA in assigning safety fitness ratings to motor carriers.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 385
Legal Authority: 49 USC 2512 49 USC 104 49 USC 504 49 USC 521(b)(5)(A) 49 USC 3102 49 USC 1814 PL 101-500

Timetable:

Action	Date	FR Cite
Interim Final Rule	08/16/1991	56 FR 40801
Notice: Request for Comments	09/14/1994	59 FR 47203
NPRM	05/28/1997	62 FR 28826
Interim Final Rule	05/28/1997	62 FR 28807
Proposed Rule; Additional Comments	07/03/1997	62 FR 36039
NPRM Comment Period End	07/28/1997
Final Action	11/06/1997	62 FR 60035
Final Action Effective	11/28/1997

Additional Information: The interim final rule was effective upon publication 08/16/91. Statutory prohibition became effective January 1, 1991. ^PANALYSIS: Regulatory Evaluation, 08/16/91, 56 FR 40801
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Included in the Regulatory Plan: No
Agency Contact: William C. Hill Office of Motor Carrier Research and Standards Department of Transportation Federal Highway Administration 400 Seventh Street, SW., Washington, DC 20590 Phone:202 366-4009