Regulatory Update – July 2023

July 27, 2023

FMCSA close to seeking input on safety fitness determination regulations

The White House’s Office of Management and Budget has cleared for formal publication an advance notice of
proposed rulemaking (ANPRM) that would seek information on how FMCSA might use data and resources
more effectively to identify unfit motor carriers and remove them from service. Details of the ANPRM, which
presumably will be published in the Federal Register in the coming days, are unknown until the agency
announces it, but available information states that the notice would seek comment on use of available safety
data, including inspection data, in determining carrier fitness to operate. FMCSA will also see input on possible
changes to the current three-tire safety fitness rating structure. The agency also plans to review the list of
regulations that it uses in its safety fitness methodology.

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