Page:United States Statutes at Large Volume 113 Part 3.djvu/247

 PUBLIC LAW 106-159—DEC. 9, 1999 113 STAT. 1765 49 USC 31144 note. "(2) ELEMENTS.— In the regulations issued pursuant to paragraph (1), the Secretary shall establish the elements of the safety review, including basic safety management controls. In establishing such elements, the Secretary shall consider their effects on small businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses. "(3) PHASE-IN OF REQUIREMENT.—The Secretary shall phase in the requirements of paragraph (1) in a manner that takes into account the availability of certified motor carrier safety auditors. "(4) NEW ENTRANT AUTHORITY.— Notwithstanding any other provision of this title, any new operating authority granted after the date on which section 31148(b) is first implemented shall be designated as new entrant authority until the safety review required by paragraph (1) is completed.". (b) MINIMUM REQUIREMENTS. — 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 consider the establishment of a proficiency examination for applicant motor carriers as well as other requirements to ensure such applicants understand applicable safety regulations before being granted operating authority. SEC. 211. CERTIFICATION OF SAFETY AUDITORS. (a) IN GENERAL. —Chapter 311 of title 49, United States Code, is amended by adding at the end the following: "§ 31148. Certified motor carrier safety auditors "(a) IN GENERAL. —Not later than 1 year after the date of Deadline, the enactment of this section, the Secretary of Transportation shall complete a rulemaking to improve training and provide for the certification of motor carrier safety auditors, including private contractors, to conduct safety inspection audits and reviews described in subsection (b). "(b) CERTIFIED INSPECTION AUDIT REQUIREMENT. —Not later Deadline, than 1 year after completion of the rulemaking required by subsection (a), any safety inspection audit or review required by, or based on the authority of, this chapter or chapter 5, 313, or 315 of this title and performed after December 31, 2002, shall be conducted by— "(1) a motor carrier safety auditor certified under subsection (a); or "(2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review. "(c) EXTENSION.—I f the Secretary determines that subsection (b) cannot be implemented within the 1-year period established by that subsection and notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination and the reasons therefor, the Secretary may extend the deadline for compliance with subsection (b) by not more than 12 months.

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