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GAO-09-287R 1 (2009-01-05)

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V  I  IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317626


          January 5, 2009

          The Honorable Daniel K. Inouye
          Chairman
          The Honorable Kay Bailey Hutchison
          Ranking Minority Member
          Committee on Commerce, Science, and Transportation
          United States Senate

          The Honorable James L. Oberstar
          Chairman
          The Honorable John L. Mica
          Ranking Minority Member
          Committee on Transportation and Infrastructure
          House of Representatives

          Subject: Department of Transportation, Federal Motor Carrier Safety Administration:
                  New Entrant Safety Assurance Process

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Transportation, Federal Motor Carrier
          Safety Administration (FMCSA), entitled New Entrant Safety Assurance Process
          (RIN: 2126-AA59). We received the rule on December 19, 2008. It was published in
          the Federal Register as a final rule on December 16, 2008. 73 Fed. Reg. 76,472. The
          rule has a stated effective date of February 17, 2009, and compliance with the rule is
          required beginning December 16, 2009.

          The final rule amends the New Entrant Safety Assurance Program regulations to
          raise the standard of compliance for passing the new entrant safety audit. Under this
          rule, a carrier's failure to comply with any one of 16 specified requirements will
          result in an automatic failure of its 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 deficiencies. The rule also 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.


GAO-09-287R

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