; and (C) has been confirmed by the Federal Motor Carrier Safety Administration, including through a public confirmation described in subsection (c)(1), to be in compliance with all required Federal Motor Carrier Safety Administration safety standards to operate as a motor carrier. (2) Sunset Paragraph (1) shall cease to be effective on the effective date of a regulation promulgated under subsection (d)(1). (c) Public confirmation The public confirmation described in paragraph (1)(C) shall include 1 of the following statements, depending on the status of the motor carrier: (1) This motor carrier is confirmed to meet all operating requirements of the Federal Motor Carrier Safety Administration (FMCSA) and is authorized to operate on the nation’s roadways. . (2) This motor carrier is not confirmed to operate on the nation’s roadways and fails to meet 1 or more requirements of the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier. . (d) Safety fitness rule (1) Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations amending appendix B to part 385 of title 49, Code of Federal Regulations (or a successor regulation), to revise the methodology for issuance of motor carrier safety fitness determinations. (2) Considerations In promulgating the regulations under paragraph (1), the Secretary shall consider the use of all available data to determine the fitness of a motor carrier. (3) Factors for an unfit determination The regulations promulgated under paragraph (1) shall provide a procedure for the Secretary to determine whether a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce in accordance with section 31144 of title 49, United States Code. (4) Requirement The regulations promulgated under paragraph (1) shall include the requirements described in subsections (b)(1) and (c). (e) Exemption for individual shippers For any claim of negligent selection of a motor carrier against