[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.109]

[Page 919]
 
                        TITLE 49--TRANSPORTATION
 
        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
                      DEPARTMENT OF TRANSPORTATION
 
PART 385--SAFETY FITNESS PROCEDURES--Table of Contents
 
    Subpart B--Safety Monitoring System for Mexico-Domiciled Carriers
 
Sec. 385.109  The compliance review.

    (a) The criteria used in a compliance review to determine whether a 
Mexico-domiciled carrier granted provisional operating authority under 
Sec. 365.507 of this subchapter exercises the necessary basic safety 
management controls are specified in Appendix B to this part.
    (b) Satisfactory Rating. If the FMCSA assigns a Mexico-domiciled 
carrier a Satisfactory rating following a compliance review conducted 
under this subpart, the FMCSA will provide the carrier written notice as 
soon as practicable, but not later than 45 days after the completion of 
the compliance review. The carrier's operating authority will remain in 
provisional status and its on-highway performance will continue to be 
closely monitored for the remainder of the 18-month provisional 
registration period.
    (c) Conditional Rating. If the FMCSA assigns a Mexico-domiciled 
carrier a Conditional rating following a compliance review conducted 
under this subpart, it will initiate a revocation proceeding in 
accordance with Sec. 385.111 of this subpart. The carrier's provisional 
operating authority will not be suspended prior to the conclusion of the 
revocation proceeding.
    (d) Unsatisfactory Rating. If the FMCSA assigns a Mexico-domiciled 
carrier an Unsatisfactory rating following a compliance review conducted 
under this subpart, it will initiate a suspension and revocation 
proceeding in accordance with Sec. 385.111 of this subpart.