In subsection (a), the word “regulation” is substituted for “rule” for consistency in the revised title and because the terms are synonymous.

In subsection (a)(1), the words “after notice and opportunity for comment” are omitted as unnecessary because of 5:553. The text of 49 App.:2512(b) is omitted as executed.

The date of enactment of the Motorcoach Enhanced Safety Act of 2012, referred to in subsec. (i)(1)(B), is the date of enactment of subtitle G of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012.

2015—Subsec. (g)(5). Pub. L. 114–94, § 5101(e)(1), struck out par. (5) which provided for grants to States for new entrant audits.

Subsec. (g)(5)(B). Pub. L. 114–94, § 5105(d), amended subpar. (B) generally. Prior to amendment, text read as follows: “The Secretary shall set aside from amounts made available by section 31104(a) up to $32,000,000 per fiscal year and up to $5,683,060 for the period beginning on October 1, 2015, and ending on December 4, 2015, for audits of new entrant motor carriers conducted pursuant to this paragraph.”

Pub. L. 114–87 substituted “and up to $5,683,060 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and up to $4,459,016 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.

Pub. L. 114–73 substituted “and up to $4,459,016 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and up to $2,535,519 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.

Pub. L. 114–41 substituted “per fiscal year and up to $2,535,519 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “per fiscal year and up to $26,652,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.

Pub. L. 114–21 substituted “and up to $26,652,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and up to $21,304,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.

Subsec. (g)(6). Pub. L. 114–94, § 5508(b)(4), amended Pub. L. 112–141, § 32921(b). See 2012 Amendment note below.

2014—Subsec. (g)(5)(B). Pub. L. 113–159 inserted “and up to $21,304,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,” after “per fiscal year”.

2012—Subsec. (g)(1). Pub. L. 112–141, § 32102(a), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall require, by regulation, each owner and each operator granted new operating authority, after the date on which section 31148(b) is first implemented, to undergo a safety review within the first 18 months after the owner or operator, as the case may be, begins operations under such authority.”

Subsec. (g)(5)(B). Pub. L. 112–141, § 112002(d), struck out “and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “year”.

Pub. L. 112–141, § 32603(e), amended subpar. (B) generally. Prior to amendment, text read as follows: “The Secretary shall set aside from amounts made available by section 31104(a) up to $29,000,000 per fiscal year for audits of new entrant motor carriers conducted pursuant to this paragraph.”

Pub. L. 112–140, §§ 1(c), 202(e), temporarily substituted “and up to $22,040,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102 substituted “and up to $21,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and up to $14,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (g)(6). Pub. L. 112–141, § 32921(b), as amended by Pub. L. 114–94, § 5508(b)(4), added par. (6).

Subsec. (h). Pub. L. 112–141, § 32202, added subsec. (h).

Subsec. (i). Pub. L. 112–141, § 32707(a), added subsec. (i).

2011—Subsec. (g)(5)(B). Pub. L. 112–30 substituted “fiscal year and up to $14,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.

Pub. L. 112–5 struck out “(and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011)” after “year”.

2010—Subsec. (g)(5)(B). Pub. L. 111–322 substituted “(and up to $12,315,000 for the period beginning October 1, 2010, and ending on March 4, 2011)” for “(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)”.

Pub. L. 111–147 inserted “(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)” after “fiscal year”.

2008—Pub. L. 110–244 amended Pub. L. 109–59, §§ 4107(b), 4114(c)(1), 7112. See 2005 Amendment notes below.

2005—Subsec. (a). Pub. L. 109–59, § 4114(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary shall—

“(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles;

“(2) periodically update such safety fitness determinations;

“(3) make such final safety fitness determinations readily available to the public; and

“(4) prescribe by regulation penalties for violations of this section consistent with section 521.”

Subsec. (c). Pub. L. 109–59, § 7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), was repealed by Pub. L. 110–244, § 301(b)(2).

Pub. L. 109–59, § 4107(b)(1), as amended by Pub. L. 110–244, § 301(b)(1), redesignated subsec. (c), relating to safety reviews of new operators, as (f).

Subsec. (c)(1). Pub. L. 109–59, § 7112(b)(1), substituted “section 521(b)(5)(A)” for “sections 521(b)(5)(A) and 5113”.

Subsec. (c)(3). Pub. L. 109–59, § 7112(b)(2), inserted at end “A violation of this paragraph by an owner or operator transporting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124.”

Subsec. (c)(5). Pub. L. 109–59, § 4114(b), added par. (5).

Subsec. (d). Pub. L. 109–59, § 4114(c)(2), added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (d) as (e).

Subsec. (e). Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 109–59, § 7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), was repealed by Pub. L. 110–244, § 301(b)(2).

Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Pub. L. 109–59, § 4107(b)(1), as amended by Pub. L. 110–244, § 301(b)(1), redesignated subsec. (c), relating to safety reviews of new operators, as (f).

Subsec. (f)(5). Pub. L. 109–59, § 4107(b)(2), as amended by Pub. L. 110–244, § 301(b)(1), added par. (5).

Subsec. (g). Pub. L. 109–59, § 4114(c)(1), as amended by Pub. L. 110–244, § 301(c), redesignated subsec. (f) as (g).

1999—Subsec. (c). Pub. L. 106–159 added subsec. (c) relating to safety reviews of new operators.

1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally, substituting, in subsec. (a), general provisions for provisions relating to procedure and, in subsec. (b), provisions relating to procedure for provisions relating to findings and action on registrations, and adding subsecs. (c) to (e).

1995—Subsec. (a)(1). Pub. L. 104–88, § 104(g)(1)–(3), in first sentence substituted “The Secretary” for “In cooperation with the Interstate Commerce Commission, the Secretary” and “section 13902” for “sections 10922 and 10923” and in subpar. (C) struck out “and the Commission” after “Secretary”.

Subsec. (b). Pub. L. 104–88, § 104(g)(4), added subsec. (b) and struck out former subsec. (b) which read as follows: “Findings and Action on Applications.—The Commission shall—

“(1) find an applicant for authority to operate as a motor carrier unfit if the applicant does not meet the safety fitness requirements established under subsection (a) of this section; and

“(2) deny the application.”

Amendment by section 5105(d) of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Amendment by section 5101(e)(1) of Pub. L. 114–94 effective Oct. 1, 2016, see section 5101(f) of Pub. L. 114–94, set out as a note under section 31102 of this title.

Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(4) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Amendment by sections 32202, 32603(e), and 32707(a) effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.

Pub. L. 112–141, div. C, title II, § 32102(b), July 6, 2012, 126 Stat. 778, provided that: “The amendments made by subsection (a) [amending this section] shall take effect 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as notes under section 101 of Title 23, Highways].”

Amendment by section 32921(b) of Pub. L. 112–141 effective 2 years after the date of enactment of Pub. L. 112–141, see section 32921(c) of Pub. L. 112–141, set out as an Effective Date of 2012 Amendment note under section 13902 of this title.

Amendment by section 112002(d) of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.

Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Pub. L. 117–58, div. B, title III, § 23014, Nov. 15, 2021, 135 Stat. 773, provided that:

Pub. L. 114–94, div. A, title V, § 5305(a), (b), Dec. 4, 2015, 129 Stat. 1544, provided that:

Pub. L. 109–59, title IV, § 4138, Aug. 10, 2005, 119 Stat. 1745, which required completion of high risk carrier compliance reviews, was repealed by Pub. L. 114–94, div. A, title V, § 5305(c), Dec. 4, 2015, 129 Stat. 1544.

Pub. L. 106–159, title II, § 210(b), Dec. 9, 1999, 113 Stat. 1765, as amended by Pub. L. 112–141, div. C, title II, § 32101(c), July 6, 2012, 126 Stat. 777, provided that: “The Secretary shall initiate a rulemaking to establish minimum requirements for applicant motor carriers, including foreign motor carriers, seeking Federal interstate operating authority to ensure applicant carriers are knowledgeable about applicable Federal motor carrier safety standards. As part of that rulemaking, the Secretary shall establish a proficiency examination for applicant motor carriers as well as other requirements to ensure such applicants understand applicable safety regulations, commercial regulations, and provisions of subpart H of part 37 of title 49, Code of Federal Regulations, or successor regulations before being granted operating authority.”