|New Entrant Safety Assurance Process|
The FMCSA's expected changes to the intermodal chassis maintenance requirements and to the audit procedures for new entrants have both been approved by The White House Office of Management and Budget.
The New Entrant Safety Assurance Process (Docket No. FMCSA-2001-11061) will be published in tomorrow's (December 16) Federal Register.
Summary: FMCSA amends the New Entrant Safety Assurance Program regulations to raise the standard of compliance for passing the new entrant safety audit. The Agency identified 16 regulations that are essential elements of basic safety management controls necesssary to operate in interstate commerce and makes a carrier's failure to comply with any one of the 16 regulations an automatic failure of the safety audit. Additionally, if certain violations are discovered during a roadside inspection, the new entrant now will be subject to expedited actions to correct these deficienices. The Agency now will also check compliance with the Americans with Disabilities Act and certain household goods-related requirements in the new entrant safety audit, if they apply to the new entrant's operation. Failure to comply with either of these requirements will not affect the outcome of the safety audit; however, the Agency will take appropriate actions to improve compliance. FMCSA clarifies changes to some of the existing new entrant regulations and establishes a separate new entrant application procedure and safety oversight program for non-North America-domiciled motor carriers.
Finally, the Agency has enhanced the quality and availability of its educational and technical assistance (ETA) materials to ensure applicatns are knowledgedable about applicable Federal motor carrier safety standards. Because the Agency believes Form MCS-150-A (Safety Certification for Application for USDOT Numbers) is not an effective instrument for establishing knowledgeability, it is eliminating that form.
FMCSA believes this rule will improve the Agency's ability to identify at-risk new entrant carriers and ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration. These changes do not impose additional regulatory requirements on any new entrant carrier because these carriers are already required to comply with all application rules.
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