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DOT/FMCSA

RIN: 2126-AA17

Publication ID: Spring 2004

Title: Safety Performance History of New Drivers
Abstract: The final rule responds to the Hazardous Materials Transportation Authorization Act of 1994. In accordance with the Act, the agency (FHWA) proposed changes concerning what minimum safety performance history information new or prospective employers would be required to seek concerning commercial motor vehicle (CMV) drivers and from where that information should be obtained. The Small Business Administration's (SBA)Chief Counsel for Advocacy requested more in-depth Paperwork Reduction Act and Regulatory Flexibility Act analyses of the NPRM. In response to SBA's comments to the docket and section 4014 of the Transportation Equity Act for the 21st Century (TEA-21), FMCSA published an SNPRM to address issues, such as small business burden, and to incorporate new requirements of limitation of liability and driver privacy protections imposed by TEA-21. The changes were considered significant because of substantial public interest and privacy implications.
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 390 and 391
Legal Authority: sec. 114, PL 103-311, 108 Stat. 1673, 1677 (1994) sec. 204, PL 104-88, 109 Stat. 803, 941 (1995) sec. 4014, PL 105-178, 112 Stat. 107, 409 (1998) sec. 217, PL 106-159, 113 Stat. 1748, 1767 (1999) 49 USC 508, 5101-5127 49 USC 13301, 13902, 31133, 31136, 31502, and 31504

Legal Deadline:

Action	Source	Description	Date
NPRM	Statutory	See PL 105-178, sec 4014.	01/00/1999

Timetable:

Action	Date	FR Cite
NPRM	03/14/1996	61 FR 10548
NPRM Comment Period End	05/13/1996
Supplemental NPRM	07/17/2003	68 FR 42339
SNPRM Comment Period End	09/02/2003
Final Rule	03/30/2004	69 FR 16684
Final Rule Effective	04/29/2004

Additional Information: Docket No. FMCSA-97-2277.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Mary Moehring Chief, Driver and Carrier Operations Division Department of Transportation Federal Motor Carrier Safety Administration MC-PSD, Office of Bus and Truck Standards and Operations, 400 Seventh Street, SW., Washington, DC 20590 Phone:202 366-4001