2017-05777: Carrier Safety Fitness Determination

Summary

FMCSA withdraws its January 21, 2016, notice of proposed rulemaking (NPRM), which proposed a revised methodology for issuance of a safety fitness determination (SFD) for motor carriers. The new methodology would have determined when a motor carrier is not fit to operate commercial motor vehicles (CMVs) in or affecting interstate commerce based on the carrier's on-road safety data; an investigation; or a combination of on-road safety data and investigation information. FMCSA had recently announced that, rather than move to a final rule, a Supplemental Notice of Proposed Rulemaking (SNPRM) would be the next step in the rulemaking process. However, after reviewing the record in this matter, FMCSA withdraws the NPRM and cancels the plans to develop a Supplemental Notice of Proposed Rulemaking. The Agency must receive the Correlation Study from the National Academies of Science, as required by the Fixing America's Surface Transportation (FAST) Act, assess whether and, if so, what corrective actions are advisable, and complete additional analysis before determining whether further rulemaking action is necessary to revise the safety fitness determination process.

The agency’s own summary, as published.

What this changes

Amends 6 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 49 CFR 350 Motor Carrier Safety Assistance Program (MCSAP) and High Priority Program
• 49 CFR 365 Rules Governing Applications for Operating Authority
• 49 CFR 385 Safety Fitness Procedures
• 49 CFR 386 Rules of Practice for FMCSA Proceedings
• 49 CFR 387 Minimum Levels of Financial Responsibility for Motor Carriers
• 49 CFR 395 Hours of Service of Drivers