[Senate Report 110-395]
[From the U.S. Government Publishing Office]



110th Congress 
 2d Session                      SENATE                          Report
                                                                110-395
_______________________________________________________________________

                                     

                                                       Calendar No. 829

       OVER-THE-ROAD BUS TRANSPORTATION ACCESSIBILITY ACT OF 2007

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                               H.R. 3985




                                     


                 June 23, 2008.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel


                                                       Calendar No. 829
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-395

======================================================================



 
       OVER-THE-ROAD BUS TRANSPORTATION ACCESSIBILITY ACT OF 2007

                                _______
                                

                 June 23, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                        [To accompany H.R. 3985]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (H.R. 3985) to amend title 49, 
United States Code, to direct the Secretary of Transportation 
to register a person providing transportation by an over-the-
road bus\1\ as a motor carrier of passengers only if the person 
is willing and able to comply with certain accessibility 
requirements in addition to other existing requirements, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.
---------------------------------------------------------------------------
    \1\An ``over-the-road bus'' is defined as a bus with an elevated 
passenger deck over a baggage compartment.
---------------------------------------------------------------------------

                          Purpose of the Bill

  The purpose of H.R. 3985, the Over-the-Road Bus 
Transportation Accessibility Act of 2007, is to clarify the 
Federal Motor Carrier Safety Administration's (FMCSA) 
responsibility and authority to enforce compliance with the 
Department of Transportation's (DOT) over-the-road bus 
passenger accessibility regulations promulgated pursuant to the 
Americans with Disabilities Act (ADA, Public Law 101-336).

                          Background and Needs

  H.R. 3985 would clarify the FMCSA's responsibility and 
authority to enforce compliance with DOT over-the-road bus 
passenger accessibility regulations promulgated pursuant to the 
ADA. The FMCSA claims that, under current statutes and through 
the interpretation of prior regulations, they do not have the 
authority to require that motor carriers, as a condition of 
receiving operating authority, operate over-the-road buses that 
comply with accessibility regulations promulgated by the DOT 
pursuant to the ADA. Rather, the FMCSA has pointed to the 
Department of Justice (DOJ), which is generally charged with 
the enforcement of the ADA, as the agency responsible for 
ensuring motor carrier compliance with the DOT's ADA-related 
regulations. The DOJ, however, has generally chosen not to take 
enforcement actions against over-the-road bus operators that 
fail to comply with the DOT's accessibility regulations, 
despite claims of widespread non-compliance by certain over-
the-road bus operators. This situation has stymied adequate 
enforcement of the over-the-road accessibility requirements, 
and H.R. 3985 would address this by clarifying that the FMCSA 
shall consider compliance with accessibility regulations as a 
criterion for a motor carrier's fitness for the purpose of 
obtaining operating authority.
  In 1998, per the requirements of the ADA, the DOT adopted a 
final rule requiring all over-the-road bus motor carriers to 
accommodate individuals with disabilities. This rule (1) 
prohibits discrimination against an individual with a 
disability in connection with the provision of transportation 
service; (2) requires fixed-route\2\ passenger carriers to 
operate vehicles readily accessible to and usable by 
individuals with disabilities; and (3) provides that violations 
of the ADA by passenger carriers not receiving governmental 
assistance be referred to the DOJ for investigation and 
enforcement. These accessibility requirements for over-the-road 
buses vary by operator size, as determined by gross annual 
transportation revenue, and type of transportation service 
offered by the carrier, fixed-route or demand-responsive, such 
as a charter or tour service. Large fixed-route operators must 
ensure that all new purchased or leased over-the-road buses are 
accessible and were required to outfit half their fleet with 
accessible buses by October 2006, with the remaining half due 
to be outfitted by October 2012. Small fixed-route companies 
are required to ensure that each new over-the-road bus 
purchased or leased is accessible, and while there is no 
accessibility deadline for small fixed-route fleets, such motor 
carriers must provide an accessible bus upon request, with 48-
hours advance notice, or provide equivalent service until they 
become accessible. Both large and small demand-responsive 
companies must provide accessible service on a 48-hour advance 
notice basis, but small companies are not required to 
fundamentally alter reservation practices or displace other 
passengers in order to meet these requirements.
---------------------------------------------------------------------------
    \2\ Fixed-route service is transportation along a prescribed route 
according to a fixed schedule.
---------------------------------------------------------------------------
  The FMCSA's standards for granting a motor carrier operating 
authority to transport passengers, established in section 
13902(a)(1) of title 49, United States Code, require the 
company to be ``willing and able to comply with this part and 
applicable regulations of the Secretary'' including safety 
regulations and fitness and insurance requirements. The FMCSA 
has interpreted this section very narrowly so as to consider 
the phrase ``applicable regulations of the Secretary'' as only 
applying to regulations relating to part B of subtitle 49, 
United State Code, referenced by the proceeding words ``this 
part.'' Part B contains the statutory authority that was 
transferred to the FMCSA from the Interstate Commerce 
Commission (ICC) after the ICC was terminated in 1995. This 
narrow reading and the Department's view that the ICC authority 
and regulations transferred to it did not include enforcement 
of ADA compliance has thus limited the DOT's ability to enforce 
its own accessibility requirements through the granting, 
denial, or revocation of operating authority. The FMCSA's 
interpretation of 13902(a)(1) of title 49, United States Code, 
created a lack of enforcement in this area, resulting in a 
number of court actions against the agency brought primarily by 
over-the-road bus operators who currently comply with the DOT's 
accessibility regulations and who are seeking to ensure that 
other bus operators are compelled to comply with these 
requirements.
  In April 2005, Peter Pan Bus Lines, Inc., and Bonanza 
Acquisition LLC (Peter Pan) filed a protest with FMCSA 
challenging Fung Wah Bus Transportation, Inc.'s (Fung Wah) 
operating authority application on the grounds that Fung Wah 
was not willing or able to comply with the DOT's accessibility 
regulations. The FMCSA rejected Peter Pan's protest on October 
26, 2005, concluding that ``applicable regulations'' do not 
refer to all regulations promulgated by the Secretary for motor 
carriers. Rather, the FMCSA reasoned that the statute should be 
narrowly construed to mean only ``applicable regulations'' in 
``this part'' of the statute and not regulations found 
elsewhere, such as the ADA requirements. The agency claimed 
that this interpretation was apparent from the plain language 
of the statute and its analysis of legislative history and 
required no further investigation. Therefore, because Peter Pan 
could not prove Fung Wah was unwilling or unable to comply with 
the DOT operating authority requirements, as the FMCSA 
construes them to apply, the FMCSA dismissed the case and 
subsequently denied a petition for reconsideration.
  Peter Pan appealed the FMCSA's decision to the U.S. Court of 
Appeals, which issued a ruling on December 19, 2006, reversing 
the FMCSA's decision, rejecting that the statute was plain on 
its face, and remanding the case back to the FMCSA. The Court 
of Appeals found ``this part and applicable regulations'' to be 
ambiguous, requiring further interpretation. The concurring 
decision also questioned the reasonableness of FMCSA's 
principal justification for declining to review bus company ADA 
compliance during the registration process, which the court 
noted essentially chooses the preservation of motor carrier 
competition over the rights of the disabled.
  The FMCSA reopened the record in February 2007 and offered 
Fung Wah the opportunity to respond to Peter Pan's protest and 
for Peter Pan to reply. On February 26, 2007, Fung Wah stated 
that Congress did not give the FMCSA the statutory authority to 
refuse operating authority based on ADA compliance because ADA 
compliance was not a fitness criterion for registration. Even 
if the FMCSA had such authority, Fung Wah said it was willing 
and able to comply with accessibility requirements. In 
response, Peter Pan restated its original argument on March 1, 
2007, that ``ADA is a required element of fitness to receive 
operating authority'' and Fung Wah did not meet the necessary 
fitness criterion.
  On July 16, 2007, to indicate its displeasure with the FMCSA 
decision in this matter, the Senate Appropriations Committee 
included report language in the report accompanying the Fiscal 
Year (FY) 2008 Departments of Transportation and Housing and 
Urban Development Appropriations Act instructing the Secretary 
to enforce the bus accessibility requirements. The House 
Appropriations Committee report also contained a similar 
admonition. The Senate report language states:

        The Committee is greatly dismayed by the [FMCSA's] 
        continuing failure to exercise the [DOT's] authority to 
        deny operating authority to interstate bus companies 
        that are unwilling or unable to comply to comply with 
        the [ADA]. DOT's regulations under 49 CFR Part 37, 
        Subpart H requires accessibility to over-the-road buses 
        for people with disabilities. The U.S. Court of Appeals 
        for the D.C. Circuit rejected FMCSA's assertion that it 
        did not have the authority to deny bus operators 
        registration on these grounds and remanded the case to 
        FMCSA for further interpretation of the statutory 
        language. In the many months that have passed since 
        that decision, no action has been taken by FMCSA. The 
        Committee expects FMCSA to take immediate action to 
        implement the Court's decision without further delay. 
        That action should ensure that discrimination against 
        people with disabilities precludes bus operators from 
        registering as interstate motor carriers to the same 
        extent to which other forms of discrimination and 
        serious safety violations preclude such registration. 
        The Committee further directs the Secretary of 
        Transportation to provide a letter report to the 
        Committee no later than 30 days following the reporting 
        of this bill to explain how she and her Federal Motor 
        Carrier Safety Administrator have implemented the 
        Circuit Court decision and the Committee's 
        directive.\3\
---------------------------------------------------------------------------
    \3\ Senate Report 110-131, page 72.

  The FMCSA issued a decision in this case on October 26, 2007. 
Despite the Court of Appeals' indication that the FMCSA should 
include ADA compliance in its new interpretation of the 
statutory language, the FMCSA again rejected Peter Pan's 
request to deny Fung Wah operating authority because they were 
not ADA compliant. Expanding beyond the FMCSA's first decision, 
in this second ruling, the FMCSA argued again that (1) the 
authority to enforce ADA compliance rested with a different 
agency, the DOJ; (2) the ICC's own ADA accessibility 
regulations and any related enforcement authority were 
superseded by the ADA before the ICC's authority was 
transferred to the DOT; (3) the ICC never conditioned operating 
authority on ADA compliance and thus, neither should the DOT; 
and (4) the ICC Termination Act of 1995 (ICCTA) limited the 
factors that could be considered in granting operating 
authority, so a broad reading of the requirements is 
inconsistent with the intent of Congress.
  According to the FMCSA, the statutory authority transferred 
to the FMCSA after the ICC was dismantled through the ICCTA did 
not include accessibility compliance in the determination of a 
motor carrier's fitness for operation. The FMCSA argued that 
Congress, through statute, had limited the fitness elements the 
FMCSA could consider in an operating authority case to safety 
and financial responsibility. The FMCSA concluded that since 
the ICC had incorporated the Secretary's ADA regulation into 
its own regulations after 1991, the ICC had thus ``declared 
that its regulations were superseded by the ADA and that the 
responsibility for regulating service to disabled passengers 
now rested with other agencies or departments.'' According to 
the DOT, since the disabled accessibility rules were no longer 
``ICC regulations,'' DOT could not consider them as part of 
granting operating authority after ICCTA transferred that 
responsibility to the DOT. Rather, the FMCSA claimed that the 
DOJ, as the lead department for enforcing ADA compliance, is 
responsible for ensuring that an over-the-road bus company meet 
any federal accessibility requirements. Therefore, the FMCSA 
concluded that limited reading of the fitness element was 
consistent with Congressional intent and that its earlier 
decision against Peter Pan in 2005 was ``reasonable.''
  The FMCSA's decision has drawn criticism, since many believe 
that by modifying its regulations to incorporate by reference 
DOT's ADA regulations, the ICC intended to make the DOT 
regulations part of the ICC regulations. As such, the FMCSA 
should have considered compliance with them as a condition of 
granting operating authority for buses and other passenger 
carriers. Opponents of the FMCSA's position believe that its 
interpretation of the statute and its refusal to ensure that 
over-the-road buses comply with the accessibility requirements 
call into question the DOT's sincerity towards upholding its 
commitments under the ADA. In the final conference report 
accompanying the FY 2008 Departments of Transportation and 
Housing and Urban Development Appropriations bill issued on 
November 13, 2007,\4\ the Conferees stated:
---------------------------------------------------------------------------
    \4\ House Report 110-446. The bill, H.R. 3074, was subsequently 
enacted as part of the FY 2008 Consolidated Appropriations Act (P.L. 
110-161).

        The conferees reiterate concerns expressed in both the 
        House and Senate Committee reports regarding DOT's 
        failure to enforce its own regulations requiring 
        accessibility to over-the-road buses for people with 
        disabilities. The U.S. Court of Appeals for the D.C. 
        Circuit rejected FMCSA's assertion that it did not have 
        the authority to deny bus operators registration based 
        on an interstate bus company's unwillingness or 
        inability to comply with DOT's ADA regulations, and 
        remanded the case to FMCSA for further interpretation. 
        On October 26, 2007, FMCSA responded by reasserting its 
        claim that it lacks the authority to enforce DOT's own 
        ADA regulations. The conferees find this interpretation 
        to be mystifying, unacceptable, and deliberately 
        evasive. It certainly calls into question the 
        commitment of both the Secretary and the Administrator 
        to enforcing both the letter and the spirit of Federal 
        laws designed to protect the rights of the disabled. 
        The conferees disagree with FMCSA that further 
        statutory language is needed to clarify FMCSA's 
        enforcement role in this area. Even so, given the 
        recalcitrant stance and steadfast refusal of the 
        Secretary and the Administrator to enforce the law on 
        this matter, the conferees are supportive of the prompt 
        enactment of H.R. 3985: the Over-the-Road Bus 
        Transportation Accessibility Act of 2007. This bill 
        makes clear, again, that FMCSA has the authority to 
        enforce compliance with DOT's ADA regulations in this 
        area. The conferees can only hope that, once this law 
        is enacted, the Secretary and Administrator will not 
        concoct still further evasive strategies to avoid their 
        statutory responsibility.

                         Summary of Provisions

  H.R. 3985 would amend title 49, United States Code, to 
``direct the Secretary of Transportation to register a person 
providing transportation by an over-the-road bus as a motor 
carrier of passengers only if the person is willing and able to 
comply with certain accessibility requirements in addition to 
other existing requirements.'' The accessibility requirements, 
established under title 49, part 37, subpart H of the Code of 
Federal Regulations, require over-the-road bus operators to 
purchase or lease accessible vehicles or provide accessible 
service to passengers with disabilities with 48 hour advance 
notice, depending on fleet size and types of service operated 
by the carrier. The bill also would require the DOT and the DOJ 
to enter into a memorandum of understanding regarding the 
enforcement and compliance of over-the-road bus carriers with 
the accessibility requirements.

                          Legislative History

  H.R. 3985 was introduced on October 29, 2007, by 
Representative DeFazio and cosponsored by Representatives 
Oberstar, Mica, and Duncan. On December 12, 2007, the bill 
passed the House of Representatives by a vote of 374 to 0 and 
was subsequently referred to the Senate Committee on Commerce, 
Science, and Transportation for consideration. The Committee 
met in an open executive session on April 24, 2008, and ordered 
H.R. 3985 reported favorably, without amendment.
  Staff assigned to this legislation are Stephen Gardner, 
Senior Democratic Professional Staff, Melissa Porter, 
Democratic Transportation Counsel, Betsy McDonnell, Republican 
Professional Staff, and Suzanne Newhouse, Republican 
Transportation Counsel.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

H.R. 3985--Over-the-Road Bus Transportation Accessibility Act of 2007
    H.R. 3985 would require the Federal Motor Carrier Safety 
Administration (FMCSA) to ensure that operators of over-the-
road buses comply with the Americans With Disabilities Act 
(ADA). (Generally, over-the-road buses are those that have 
elevated passenger decks located over baggage compartments.) 
Under H.R. 3985, the FMCSA would be required to review 
applications for licenses to operate such vehicles to ensure 
that the operators comply with federal accessibility 
regulations issued under the ADA. In addition to performing 
safety audits for new licensees, the agency also would include 
ADA requirements in the compliance reviews of bus operators 
that it undertakes in the future.
    Based on information provided by the FMCSA, CBO estimates 
that developing and enforcing new regulations to implement H.R. 
3985 would cost the agency about $500,000 in fiscal year 2009 
and less than $300,000 each year thereafter. First-year costs 
include one-time systems upgrades and training expenses. 
Enacting the legislation would not affect direct spending or 
revenues.
    Section 4 of the Unfunded Mandates Reform Act excludes from 
the application of that act any legislative provision that 
establishes or enforces statutory rights that prohibit 
discrimination on the basis of disability. CBO has determined 
that the provisions of H.R. 3985 fall within that exclusion; 
therefore, we have not reviewed them for intergovernmental or 
private-sector mandates.
    On November 9, 2007, CBO transmitted a cost estimate for 
H.R. 3985, as ordered reported by the House Committee on 
Transportation and Infrastructure. The two versions of the 
legislation are identical, and the estimated cost is the same 
except that CBO now expects the first-year of cost would be for 
fiscal year 2009 instead of 2008.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  H.R. 3985 does not impose any additional regulatory or 
compliance requirements on over-the-road bus carriers. However, 
because the bill clarifies FMCSA's authority to enforce DOT's 
over-the-road bus passenger accessibility regulations against 
over-the-road bus carriers that are not compliant, any carriers 
that are non-compliant as of the date of enactment will be 
subject to additional enforcement action. Because no monitoring 
of non-compliant carriers has been done to date, it is unknown 
how many carriers are non-compliant.

                            ECONOMIC IMPACT

  This legislation would not have an adverse economic impact on 
the Nation. It does not introduce new regulations but merely 
provides better enforcement. Carriers that are not already 
compliant with DOT's ADA regulations will have to spend funds 
to purchase or lease an ADA compliant over-the-road bus; 
retrofit the old over-the-road bus fleet; provide equivalent 
service; or face potential enforcement action by FMCSA. Any 
carrier costs that are incurred to ensure compliance with the 
DOT's ADA regulations will help avoid the costs associated with 
an enforcement action or litigation, including fines and 
penalties. Additionally, more passengers with disabilities will 
also be able to use more easily these newly compliant carriers' 
transportation services, potentially having a positive impact 
on carrier revenues.

                                PRIVACY

  H.R. 3985 would have no effect on the privacy rights of 
individuals.

                               PAPERWORK

  The Committee does not anticipate a major increase in 
paperwork burdens for individuals or business resulting from 
the passage of this legislation. Any additional paperwork for 
FMCSA that may result from considering ADA compliance as a 
condition of receiving operating authority is aimed at ensuring 
citizens with disabilities have an equal right to ride on over-
the-road buses, as required by the ADA.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that the 
bill, as reported, does not contain any congressionally 
directed spending items as defined in the rule.

                      Section-by-Section Analysis

  Section 1. This section would title the bill the ``Over-the-
Road Bus Transportation Accessibility Act of 2007.''
  Section 2. This section would require the DOT to consider a 
motor carrier's compliance with accessibility regulations when 
granting operating authority to provide passenger 
transportation by an over-the-road bus. It also would enable 
the DOT to suspend, amend, or revoke a motor carrier's 
registration for failure to comply with DOT's accessibility 
requirements and would add failure to comply with such 
accessibility requirements to the list of circumstances under 
which the Secretary of Transportation may hear a complaint 
regarding a motor carrier's registration.
  Section 3. This section would define over-the-road buses as 
buses ``characterized by an elevated passenger deck located 
over a baggage compartment.''
  Section 4. This section would require that, not later than 30 
days after the date of enactment of this Act, the Secretary 
take necessary actions to implement the changes required by the 
Act relating to registration of motor carriers providing 
transportation by an over-the-road bus.
  Section 5. This section would obligate the DOT and the DOJ to 
enter into a memorandum of understanding not later than six 
months after the date of enactment of the Act which would 
outline the specific roles and responsibilities of each 
Department in enforcing compliance of over-the-road bus 
carriers with accessibility requirements and recognize the 
DOT's statutory responsibility to enforce accessibility 
compliance, as clarified by this Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                      TITLE 49, UNITED STATES CODE

                 SUBTITLE IV--INTERSTATE TRANSPORTATION

PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                    CHAPTER 131--GENERAL PROVISIONS

13102. Definitions

    In this part, the following definitions shall apply:
          (1) Board.--The term ``Board'' means the Surface 
        Transportation Board.
          (2) Broker.--The term ``broker'' means a person, 
        other than a motor carrier or an employee or agent of a 
        motor carrier, that as a principal or agent sells, 
        offers for sale, negotiates for, or holds itself out by 
        solicitation, advertisement, or otherwise as selling, 
        providing, or arranging for, transportation by motor 
        carrier for compensation.
          (3) Carrier.--The term ``carrier'' means a motor 
        carrier, a water carrier, and a freight forwarder.
          (4) Contract carriage.--The term ``contract 
        carriage'' means--
                  (A) for transportation provided before 
                January 1, 1996, service provided pursuant to a 
                permit issued under section 10923, as in effect 
                on December 31, 1995; and
                  (B) for transportation provided after 
                December 31, 1995, service provided under an 
                agreement entered into under section 14101(b).
          (5) Control.--The term ``control'', when referring to 
        a relationship between persons, includes actual 
        control, legal control, and the power to exercise 
        control, through or by--
                  (A) common directors, officers, stockholders, 
                a voting trust, or a holding or investment 
                company, or
                  (B) any other means.
          (6) Foreign motor carrier.--The term ``foreign motor 
        carrier'' means a person (including a motor carrier of 
        property but excluding a motor private carrier)--
                  (A)(i) that is domiciled in a contiguous 
                foreign country; or
                  (ii) that is owned or controlled by persons 
                of a contiguous foreign country; and
                  (B) in the case of a person that is not a 
                motor carrier of property, that provides 
                interstate transportation of property by 
                commercial motor vehicle (as defined in section 
                31132) under an agreement or contract entered 
                into with a motor carrier of property (other 
                than a motor private carrier or a motor carrier 
                of property described in subparagraph (A)).
          (7) Foreign motor private carrier.--The term 
        ``foreign motor private carrier'' means a person 
        (including a motor private carrier but excluding a 
        motor carrier of property)--
                  (A)(i) that is domiciled in a contiguous 
                foreign country; or
                  (ii) that is owned or controlled by persons 
                of a contiguous foreign country; and
                  (B) in the case of a person that is not a 
                motor private carrier, that provides interstate 
                transportation of property by commercial motor 
                vehicle (as defined in section 31132) under an 
                agreement or contract entered into with a 
                person (other than a motor carrier of property 
                or a motor private carrier described in 
                subparagraph (A)).
          (8) Freight forwarder.--The term ``freight 
        forwarder'' means a person holding itself out to the 
        general public (other than as a pipeline, rail, motor, 
        or water carrier) to provide transportation of property 
        for compensation and in the ordinary course of its 
        business--
                  (A) assembles and consolidates, or provides 
                for assembling and consolidating, shipments and 
                performs or provides for break-bulk and 
                distribution operations of the shipments;
                  (B) assumes responsibility for the 
                transportation from the place of receipt to the 
                place of destination; and
                  (C) uses for any part of the transportation a 
                carrier subject to jurisdiction under this 
                subtitle.
        The term does not include a person using transportation 
        of an air carrier subject to part A of subtitle VII.
          (9) Highway.--The term ``highway'' means a road, 
        highway, street, and way in a State.
          (10) Household goods.--The term ``household goods'', 
        as used in connection with transportation, means 
        personal effects and property used or to be used in a 
        dwelling, when a part of the equipment or supply of 
        such dwelling, and similar property if the 
        transportation of such effects or property is--
                  (A) arranged and paid for by the householder, 
                except such term does not include property 
                moving from a factory or store, other than 
                property that the householder has purchased 
                with the intent to use in his or her dwelling 
                and is transported at the request of, and the 
                transportation charges are paid to the carrier 
                by, the householder; or
                  (B) arranged and paid for by another party.
          (11) Household goods freight forwarder.--The term 
        ``household goods freight forwarder'' means a freight 
        forwarder of one or more of the following items: 
        household goods, unaccompanied baggage, or used 
        automobiles.
          (12) Household goods motor carrier.--
                  (A) In general.--The term ``household goods 
                motor carrier'' means a motor carrier that, in 
                the ordinary course of its business of 
                providing transportation of household goods, 
                offers some or all of the following additional 
                services:
                          (i) Binding and nonbinding estimates.
                          (ii) Inventorying.
                          (iii) Protective packing and 
                        unpacking of individual items at 
                        personal residences.
                          (iv) Loading and unloading at 
                        personal residences.
                  (B) Inclusion.--The term includes any person 
                that is considered to be a household goods 
                motor carrier under regulations, 
                determinations, and decisions of the Federal 
                Motor Carrier Safety Administration that are in 
                effect on the date of enactment of the 
                Household Goods Mover Oversight Enforcement and 
                Reform Act of 2005.
                  (C) Limited service exclusion.--The term does 
                not include a motor carrier when the motor 
                carrier provides transportation of household 
                goods in containers or trailers that are 
                entirely loaded and unloaded by an individual 
                (other than an employee or agent of the motor 
                carrier).
          (13) Individual shipper.--The term ``individual 
        shipper'' means any person who--
                  (A) is the shipper, consignor, or consignee 
                of a household goods shipment;
                  (B) is identified as the shipper, consignor, 
                or consignee on the face of the bill of lading;
                  (C) owns the goods being transported; and
                  (D) pays his or her own tariff transportation 
                charges.
          (14) Motor carrier.--The term ``motor carrier'' means 
        a person providing commercial motor vehicle (as defined 
        in section 31132) transportation for compensation.
          (15) Motor private carrier.--The term ``motor private 
        carrier'' means a person, other than a motor carrier, 
        transporting property by commercial motor vehicle (as 
        defined in section 31132) when--
                  (A) the transportation is as provided in 
                section 13501 of this title;
                  (B) the person is the owner, lessee, or 
                bailee of the property being transported; and
                  (C) the property is being transported for 
                sale, lease, rent, or bailment or to further a 
                commercial enterprise.
          (16) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle, machine, tractor, trailer, or semitrailer 
        propelled or drawn by mechanical power and used on a 
        highway in transportation, or a combination determined 
        by the Secretary, but does not include a vehicle, 
        locomotive, or car operated only on a rail, or a 
        trolley bus operated by electric power from a fixed 
        overhead wire, and providing local passenger 
        transportation similar to street-railway service.
          (17) Noncontiguous domestic trade.--The term 
        ``noncontiguous domestic trade'' means transportation 
        subject to jurisdiction under chapter 135 involving 
        traffic originating in or destined to Alaska, Hawaii, 
        or a territory or possession of the United States.
          (18) Person.--The term ``person'', in addition to its 
        meaning under section 1 of title 1, includes a trustee, 
        receiver, assignee, or personal representative of a 
        person.
          (19) Pre-arranged ground transportation service.--The 
        term ``pre-arranged ground transportation service'' 
        means transportation for a passenger (or a group of 
        passengers) that is arranged in advance (or is operated 
        on a regular route or between specified points) and is 
        provided in a motor vehicle with a seating capacity not 
        exceeding 15 passengers (including the driver).
          (20) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (21) State.--The term ``State'' means the 50 States 
        of the United States and the District of Columbia.
          (22) Taxicab service.--The term ``taxicab service'' 
        means passenger transportation in a motor vehicle 
        having a capacity of not more than 8 passengers 
        (including the driver), not operated on a regular route 
        or between specified places, and that--
                  (A) is licensed as a taxicab by a State or a 
                local jurisdiction; or
                  (B) is offered by a person that--
                          (i) provides local transportation for 
                        a fare determined (except with respect 
                        to transportation to or from airports) 
                        primarily on the basis of the distance 
                        traveled; and
                          (ii) does not primarily provide 
                        transportation to or from airports.
          (23) Transportation.--The term ``transportation'' 
        includes--
                  (A) a motor vehicle, vessel, warehouse, 
                wharf, pier, dock, yard, property, facility, 
                instrumentality, or equipment of any kind 
                related to the movement of passengers or 
                property, or both, regardless of ownership or 
                an agreement concerning use; and
                  (B) services related to that movement, 
                including arranging for, receipt, delivery, 
                elevation, transfer in transit, refrigeration, 
                icing, ventilation, storage, handling, packing, 
                unpacking, and interchange of passengers and 
                property.
          (24) United states.--The term ``United States'' means 
        the States of the United States and the District of 
        Columbia.
          (25) Vessel.--The term ``vessel'' means a watercraft 
        or other artificial contrivance that is used, is 
        capable of being used, or is intended to be used, as a 
        means of transportation by water.
          (26) Water carrier.--The term ``water carrier'' means 
        a person providing water transportation for 
        compensation.
          (27) Over-the-road bus.--The term ``over-the-road 
        bus'' means a bus characterized by an elevated 
        passenger deck located over a baggage compartment.

                       CHAPTER 139. REGISTRATION

13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A) this part and the applicable regulations 
                of the Secretary and the Board;
                  (B)(i) any safety regulations imposed by the 
                Secretary;
                  (ii) the duties of employers and employees 
                established by the Secretary under section 
                31135; and
                  (iii) the safety fitness requirements 
                established by the Secretary under section 
                31144; [and]
                  (C) the accessibility requirements 
                established by the Secretary under subpart H of 
                part 37 of title 49, Code of Federal 
                Regulations, or such successor regulations to 
                those accessibility requirements as the 
                Secretary may issue, for transportation 
                provided by an over-the-road bus; and
                  [(C)] (D) the minimum financial 
                responsibility requirements established by the 
                Secretary pursuant to sections 13906 and 31138.
          (2) Additional registration requirements for 
        household goods motor carriers.--In addition to meeting 
        the requirements of paragraph (1), the Secretary may 
        register a person to provide transportation of 
        household goods as a household goods motor carrier only 
        after that person--
                  (A) provides evidence of participation in an 
                arbitration program and provides a copy of the 
                notice of the arbitration program as required 
                by section 14708(b)(2);
                  (B) identifies its tariff and provides a copy 
                of the notice of the availability of that 
                tariff for inspection as required by section 
                13702(c);
                  (C) provides evidence that it has access to, 
                has read, is familiar with, and will observe 
                all applicable Federal laws relating to 
                consumer protection, estimating, consumers' 
                rights and responsibilities, and options for 
                limitations of liability for loss and damage; 
                and
                  (D) discloses any relationship involving 
                common stock, common ownership, common 
                management, or common familial relationships 
                between that person and any other motor 
                carrier, freight forwarder, or broker of 
                household goods within 3 years of the proposed 
                date of registration.
          (3) Consideration of evidence; findings.--The 
        Secretary shall consider, and to the extent applicable, 
        make findings on any evidence demonstrating that the 
        registrant is unable to comply with any applicable 
        requirement of paragraph (1) or, in the case of a 
        registrant to which paragraph (2) applies, paragraph 
        (1) or (2).
          (4) Withholding.--If the Secretary determines that a 
        registrant under this section does not meet, or is not 
        able to meet, any requirement of paragraph (1) or, in 
        the case of a registrant to which paragraph (2) 
        applies, paragraph (1) or (2), the Secretary shall 
        withhold registration.
          (5) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), the 
        safety regulations of the Secretary, or the safety 
        fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection. In 
        the case of a registration for the transportation of 
        household goods as a household goods motor carrier, the 
        Secretary may also hear a complaint on the ground that 
        the registrant fails or will fail to comply with the 
        requirements of paragraph (2) of this subsection.
  (b) Motor Carriers of Passengers.--
          (1) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          (2) Registration of public recipients of governmental 
        assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                          (II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          (3) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
          (4) Preemption of State regulation regarding certain 
        service.--No State or political subdivision thereof and 
        no interstate agency or other political agency of 2 or 
        more States shall enact or enforce any law, rule, 
        regulation, standard or other provision having the 
        force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or 
        mail in a commercial zone if the shipment has had or 
        will have a prior or subsequent movement by bus in 
        intrastate commerce and, if a city within the 
        commercial zone, is served by a motor carrier of 
        passengers providing regular-route transportation of 
        passengers subject to jurisdiction under subchapter I 
        of chapter 135.
          (5) Jurisdiction over certain intrastate 
        transportation.--Subject to section 14501(a), any 
        intrastate transportation authorized by this subsection 
        shall be treated as transportation subject to 
        jurisdiction under subchapter I of chapter 135 until 
        such time as the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation, but in no case later than the 30th day 
        following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
          (6) Special operations.--This subsection shall not 
        apply to any regular-route transportation of passengers 
        provided entirely in one State which is in the nature 
        of a special operation.
          (7) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv), which before, on, or 
                        after January 1, 1996, received 
                        governmental assistance for the 
                        purchase or operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after January 1, 1996, 
                received governmental financial assistance in 
                the form of a subsidy for the purchase, lease, 
                or operation of any bus.
  (c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on December 31, 1995; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3), 
        and provide an opportunity for public comment.
          (6) Delegation to Secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers and foreign 
        motor private carriers operating in the United States 
        to comply with all applicable laws and regulations 
        pertaining to fitness, safety of operations, financial 
        responsibility, and taxes imposed by section 4481 of 
        the Internal Revenue Code of 1986.
  (d) Transition Rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on December 31, 1995; and
                  (B) as a motor contract carrier if such 
                person would have been issued a permit to 
                provide transportation as a motor contract 
                carrier under this subtitle on such day.
          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on December 31, 1995.
          (3) Termination.--This subsection shall cease to be 
        in effect on the transition termination date.
  (e) Penalties for Failure To Comply with Registration 
Requirements.--In addition to other penalties available under 
law, motor carriers that fail to register their operations as 
required by this section or that operate beyond the scope of 
their registrations may be subject to the following penalties:
          (1) Out-of-service orders.--If, upon inspection or 
        investigation, the Secretary determines that a motor 
        vehicle providing transportation requiring registration 
        under this section is operating without a registration 
        or beyond the scope of its registration, the Secretary 
        may order the vehicle out-of-service. Subsequent to the 
        issuance of the out-of-service order, the Secretary 
        shall provide an opportunity for review in accordance 
        with section 554 of title 5, United States Code; except 
        that such review shall occur not later than 10 days 
        after issuance of such order.
          (2) Permission for operations.--A person domiciled in 
        a country contiguous to the United States with respect 
        to which an action under subsection (c)(1)(A) or 
        (c)(1)(B) is in effect and providing transportation for 
        which registration is required under this section shall 
        maintain evidence of such registration in the motor 
        vehicle when the person is providing the 
        transportation. The Secretary shall not permit the 
        operation in interstate commerce in the United States 
        of any motor vehicle in which there is not a copy of 
        the registration issued pursuant to this section.
  (f) Modification of Carrier Registration.--
          (1) In general.--On and after the transition 
        termination date, the Secretary--
                  (A) may not register a motor carrier under 
                this section as a motor common carrier or a 
                motor contract carrier;
                  (B) shall register applicants under this 
                section as motor carriers; and
                  (C) shall issue any motor carrier registered 
                under this section after that date a motor 
                carrier certificate of registration that 
                specifies whether the holder of the certificate 
                may provide transportation of persons, 
                household goods, other property, or any 
                combination thereof.
          (2) Pre-existing certificates and permits.--The 
        Secretary shall redesignate any motor carrier 
        certificate or permit issued before the transition 
        termination date as a motor carrier certificate of 
        registration. On and after the transition termination 
        date, any person holding a motor carrier certificate of 
        registration redesignated under this paragraph may 
        provide both contract carriage (as defined in section 
        13102(4)(B)) and transportation under terms and 
        conditions meeting the requirements of section 
        13710(a)(1). The Secretary may not, pursuant to any 
        regulation or form issued before or after the 
        transition termination date, make any distinction among 
        holders of motor carrier certificates of registration 
        on the basis of whether the holder would have been 
        classified as a common carrier or as a contract carrier 
        under--
                  (A) subsection (d) of this section, as that 
                section was in effect before the transition 
                termination date; or
                  (B) any other provision of this title that 
                was in effect before the transition termination 
                date.
          (3) Transition termination date defined.--In this 
        section, the term ``transition termination date'' means 
        the first day of January occurring more than 12 months 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2005.
  (g) Motor Carrier Defined.--In this section and sections 
13905 and 13906, the term ``motor carrier'' includes foreign 
motor private carriers.

           *       *       *       *       *       *       *


Sec. 13905. Effective periods of registration

  (a) Person Holding ICC Authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on December 31, 1995, shall be deemed, for purposes of 
this part, to be registered to provide such transportation or 
service under this part.
  (b) Person Registered with Secretary.--
          (1) In general.--Except as provided in paragraph (2), 
        any person having registered with the Secretary to 
        provide transportation or service as a motor carrier or 
        motor private carrier under this title, as in effect on 
        January 1, 2005, but not having registered pursuant to 
        section 13902(a), shall be treated, for purposes of 
        this part, to be registered to provide such 
        transportation or service for purposes of sections 
        13908 and 14504a.
          (2) Exclusively intrastate operators.--Paragraph (1) 
        does not apply to a motor carrier or motor private 
        carrier (including a transporter of waste or recyclable 
        materials) engaged exclusively in intrastate 
        transportation operations.
  (c) In General.--Except as otherwise provided in this part, 
each registration issued under section 13902, 13903, or 13904 
shall be effective from the date specified by the Secretary and 
shall remain in effect for such period as the Secretary 
determines appropriate by regulation.
  (d) Suspension, Amendments, and Revocations.
          (1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), or a 
        condition of its registration; and (B) suspend, amend, 
        or revoke any part of the registration of a motor 
        carrier, broker, or freight forwarder: (i) for failure 
        to pay a civil penalty imposed under chapter 5, 51, 
        149, or 311 of this title; or (ii) for failure to 
        arrange and abide by an acceptable payment plan for 
        such civil penalty, within 90 days of the time 
        specified by order of the Secretary for the payment of 
        such penalty. Subparagraph (B) shall not apply to any 
        person who is unable to pay a civil penalty because 
        such person is a debtor in a case under chapter 11 of 
        title 11, United States Code.
          (2) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and opportunity for public comment, shall 
        issue regulations to provide for the suspension, 
        amendment, or revocation of a registration under this 
        part for failure to pay a civil penalty as provided in 
        paragraph (1)(B).
  (e) Procedure.--Except on application of the registrant, the 
Secretary may revoke a registration of a motor carrier, freight 
forwarder, or broker, only after--
          (1) the Secretary has issued an order to the 
        registrant under section 14701 requiring compliance 
        with this part, a regulation of the Secretary, or a 
        condition of the registration; and
          (2) the registrant willfully does not comply with the 
        order for a period of 30 days.
  (f) Expedited Procedure.--
          (1) Protection of safety.--Notwithstanding subchapter 
        II of chapter 5 of title 5, the Secretary--
                  (A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for 
                failure to comply with requirements of the 
                Secretary pursuant to section 13904(c) or 13906 
                or an order or regulation of the Secretary 
                prescribed under those sections; and
                  (B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating 
                in interstate commerce for failure to comply 
                with the safety fitness requirements of section 
                31144.
          (2) Imminent hazard to public health.--Without regard 
        to subchapter II of chapter 5 of title 5, the Secretary 
        shall revoke the registration of a motor carrier of 
        passengers if the Secretary finds that such carrier has 
        been conducting unsafe operations which are an imminent 
        hazard to public health or property.
          (3) Notice; period of suspension.--The Secretary may 
        suspend or revoke under this subsection the 
        registration only after giving notice of the suspension 
        or revocation to the registrant. A suspension remains 
        in effect until the registrant complies with the 
        applicable sections or, in the case of a suspension 
        under paragraph (2), until the Secretary revokes the 
        suspension.

                                  
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