Action
Notice of availability; request for comments.
Summary
The Federal Motor Carrier Safety Administration (FMCSA) announces the availability of the Environmental Assessment for the Certification of Safety Auditors, Safety Investigators, and Safety Inspectors interim final rule (67 FR 12776, Mar. 19, 2002) (commonly referred to as the "Certification" rule). This announcement is pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended; the Council on Environmental Quality Regulations implementing NEPA (40 CFR parts 1500-1508); and U.S. Department of Transportation (DOT) Order 5610.1C, Procedures for Considering Environmental Impacts, dated September 18, 1979, as amended July 13, 1982, and July 30, 1985. The Certification rule was one of three interim final rules set aside by the U.S. Court of Appeals for the Ninth Circuit on January 16, 2003. The court concluded that FMCSA failed to comply with statutory environmental impact analysis requirements in developing these rules. Accordingly, FMCSA has analyzed the potential environmental impacts from implementation of the Certification rule. The agency has concluded that implementing the rule's requirements would have no adverse environmental consequences and in fact would be likely to have a positive, if minimal, impact on the affected environment.