1、328 49 CFR Ch. III (10110 Edition) 388.6 Upon written request of the appro-priate State authority, the officials of the Federal Motor Carrier Safety Ad-ministration for that State shall, as time, personnel, and funds permit, ob-tain evidence for use by said State in the enforcement of its laws and r
2、egula-tions concerning unsafe motor carrier operations. Evidence obtained in this manner shall be transmitted to the ap-propriate State authority together with the name and address of an agent or employee, if any, having knowledge of the facts, who shall be made avail-able when necessary to testify
3、as a wit-ness in an enforcement proceeding or other action. (b) Federal Motor Carrier Safety Ad-ministration request for State assistance. Upon written request from a Regional Director of Motor Carriers, the appro-priate State authority, shall, as time, personnel, and funds permit, obtain evidence i
4、n the State for use by the Federal Motor Carrier Safety Adminis-tration in its enforcement of the safety and hazardous materials laws and regu-lations of the United States concerning highway transportation. Evidence ob-tained in this manner shall be trans-mitted to the Field Administrator, to-gether
5、 with the name and address of an agent or employee, if any, having knowledge of the facts, who shall be made available when necessary to tes-tify as a witness in an enforcement proceeding or other action. 33 FR 19725, Dec. 25, 1968, as amended at 51 FR 12621, Apr. 14, 1986; 60 FR 38743, July 28, 199
6、5; 67 FR 61824, Oct. 2, 2002 388.6 Joint investigation, inspection, or examination. Upon agreement by the Field Admin-istrator and the appropriate State au-thority, there will be conducted a joint investigation, inspection, or examina-tion of the property, equipment, or records of motor carriers or
7、others, for the enforcement of the safety and haz-ardous materials laws and regulations of the United States and the State con-cerning highway transportation. The said Field Administrator and the ap-propriate State authority shall decide as to the location and time, the objec-tives sought, and the i
8、dentity of the person who will supervise the joint ef-fort and make the necessary decisions. Any agent or employee of either agen-cy who has personal knowledge of per-tinent facts shall be made available when necessary to testify as a witness in an enforcement proceeding or other action. 33 FR 19725
9、, Dec. 25, 1968, as amended at 51 FR 12621, Apr. 14, 1986; 67 FR 61824, Oct. 2, 2002 388.7 Joint administrative activities related to enforcement of safety and hazardous materials laws and regulations. To facilitate the interchange of in-formation and evidence, and the con-duct of joint investigatio
10、n and admin-istrative action, the Field Adminis-trator and the appropriate State au-thority shall, when warranted, sched-ule joint conferences of staff members of both agencies. Information shall be exchanged as to the nature and extent of the authority and capabilities of the respective agencies to
11、 enforce the safe-ty and hazardous materials laws and regulations of the State or of the United States concerning motor carrier transportation. The Federal Motor Car-rier Safety Administration and the State (or appropriate State authority) shall use their best efforts to inform each other of changes
12、 in their rules and regulations and cooperate with and as-sist each other in conducting training schools for Federal and State enforce-ment officials engaged in such duties. 33 FR 19725, Dec. 25, 1968, as amended at 51 FR 12621, Apr. 14, 1986; 67 FR 61824, Oct. 2, 2002 388.8 Supplemental agreements.
13、 The terms specified in this part may be supplemented from time to time by specific agreement between the Federal Motor Carrier Safety Administration and the appropriate State authority in order to further implement the provi-sions of 49 U.S.C. 502. 51 FR 12621, Apr. 14, 1986 PART 389RULEMAKING PROC
14、E-DURESFEDERAL MOTOR CAR-RIER SAFETY REGULATIONS Subpart AGeneral Sec. 389.1 Applicability. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitte
15、d without license from IHS-,-,-329 Federal Motor Carrier Safety Administration, DOT 389.13 389.3 Definitions. 389.5 Regulatory docket. 389.7 Records. Subpart BProcedures for Adoption of Rules 389.11 General. 389.13 Initiation of rule making. 389.15 Contents of notices of proposed rule making. 389.17
16、 Participation by interested persons. 389.19 Petitions for extension of time to comment. 389.21 Contents of written comments. 389.23 Consideration of comments received. 389.25 Additional rule making proceedings. 389.27 Hearings. 389.29 Adoption of final rules. 389.31 Petitions for rule making. 389.3
17、3 Processing of petition. 389.35 Petitions for reconsideration. 389.37 Proceedings on petitions for reconsid-eration. 389.39 Direct final rulemaking procedures AUTHORITY: 49 U.S.C. 113, 501 et seq., sub-chapters I and III of chapter 311, chapter 313, and 31502; 42 U.S.C 4917; and 49 CFR 1.73 SOURCE:
18、 35 FR 9209, June 12, 1970, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 389 appear at 66 FR 49873, Oct. 1, 2001. Subpart AGeneral 389.1 Applicability. This part prescribes rulemaking pro-cedures that apply to the issuance, amendment and revocation of rules under an Act. 62 F
19、R 37152, July 11, 1997 389.3 Definitions. Act means statutes granting the Sec-retary authority to regulate motor car-rier safety. Administrator means the Federal Motor Carrier Safety Administrator. 62 FR 37152, July 11, 1997 389.5 Regulatory docket. (a) Information and data deemed rel-evant by the A
20、dministrator relating to rulemaking actions, including notices of proposed rulemaking; comments re-ceived in response to notices; petitions for rulemaking and reconsideration; denials of petitions for rulemaking and reconsideration; records of additional rule making proceedings under 389.25; and fin
21、al rules are maintained at head-quarters, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 205900001. (b) Except for material ordered with-held from the public under section 552(b) of title 5 of the United States Code, any person may examine dock-eted material i
22、n the Department of Transportation Docket Management Facility in the following ways: (1) At headquarters at any time dur-ing regular business hours. Copies may be obtained upon payment of a fee. (2) On the Web site regulations.gov, at any time, by using the uniform re-sources locator (URL) http:/ ww
23、w.regulations.gov. Copies may be downloaded or printed. 72 FR 55702, Oct. 1, 2007 389.7 Records. Records of the Administrator relat-ing to rule making proceedings are available for inspection as provided in section 552(b) of title 5 of the United States Code and part 7 of the regula-tions of the Sec
24、retary of Transpor-tation (part 7 of this title; 32 FR 9284 et seq.). 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988 Subpart BProcedures for Adoption of Rules 389.11 General. Except as provided in 389.39, Direct final rulemaking procedures, unless the Administrator, for good caus
25、e, finds a rule is impractical, unneces-sary, or contrary to the public interest, and incorporates such a finding and a brief statement for the reason for it in the rule, a notice of proposed rule-making must be issued, and interested persons are invited to participate in the rulemaking proceedings
26、involving rules under an Act. 75 FR 29916, May 28, 2010 389.13 Initiation of rule making. The Administrator initiates rule making on his/her own motion. How-ever, in so doing, he/she may, in his/her discretion, consider the recommenda-tions of his/her staff or other agencies VerDate Mar2010 08:20 De
27、c 16, 2010 Jkt 220216 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-330 49 CFR Ch. III (10110 Edition) 389.15 of the United States or of other inter-este
28、d persons. 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988 389.15 Contents of notices of pro-posed rule making. (a) Each notice of proposed rule mak-ing is published in the FEDERAL REG-ISTER, unless all persons subject to it are named and are personally served with a copy of it. (
29、b) Each notice, whether published in the FEDERAL REGISTER or personally served, includes: (1) A statement of the time, place, and nature of the proposed rule making proceeding; (2) A reference to the authority under which it is issued; (3) A description of the subjects and issues involved or the sub
30、stance and terms of the proposed rule; (4) A statement of the time within which written comments must be sub-mitted; and (5) A statement of how and to what extent interested persons may partici-pate in the proceeding. 389.17 Participation by interested persons. (a) Any interested person may par-tici
31、pate in rule making proceedings by submitting comments in writing con-taining information, views, or argu-ments. (b) In his/her discretion, the Adminis-trator may invite any interested per-son to participate in the rule making procedures described in 389.25. 35 FR 9209, June 12, 1970, as amended at
32、53 FR 2036, Jan. 26, 1988 389.19 Petitions for extension of time to comment. A petition for extension of the time to submit comments must be received in duplicate not later than three (3) days before expiration of the time stat-ed in the notice. The filing of the peti-tion does not automatically ext
33、end the time for petitioners comments. Such a petition is granted only if the peti-tioner shows good cause for the exten-sion, and if the extension is consistent with the public interest. If an exten-sion is granted, it is granted to all per-sons, and it is published in the FED-ERAL REGISTER. 389.21
34、 Contents of written comments. All written comments must be in English and submitted in five (5) leg-ible copies, unless the number of copies is specified in the notice. Any inter-ested person must submit as part of his/her written comments all material that he/she considers relevant to any statemen
35、t of fact made by him/her. In-corporation of material by reference is to be avoided. However, if such incor-poration is necessary, the incorporated material shall be identified with re-spect to document and page. 389.23 Consideration of comments re-ceived. All timely comments are considered before f
36、inal action is taken on a rule making proposal. Late filed comments may be considered as far as prac-ticable. 389.25 Additional rule making pro-ceedings. The Administrator may initiate any further rule making proceedings that he/she finds necessary or desirable. or example, interested persons may be
37、 in-vited to make oral arguments, to par-ticipate in conferences between the Ad-ministrator or his/her representative at which minutes of the conference are kept, to appear at informal hearings presided over by officials designated by the Administrator at which a tran-script or minutes are kept, or
38、partici-pate in any other proceeding to assure informed administrative action and to protect the public interest. 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988 389.27 Hearings. (a) Sections 556 and 557 of title 5, United States Code, do not apply to hearings held under this part
39、. Unless otherwise specified, hearings held under this part are informal, non-adversary, fact-finding procedures at which there are no formal pleadings or adverse parties. Any rule issued in a case in which an informal hearing is held is not necessarily based exclu-sively on the record of the hearin
40、g. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-331 Federal Motor Carrier Safety Administration, DOT 389.3
41、7 (b) The Administrator designates a representative to conduct any hearing held under this part. The Chief Counsel of the Federal Motor Carrier Safety Administration designates a member of his/her staff to serve as legal officer at the hearing. 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Ja
42、n. 26, 1988 389.29 Adoption of final rules. Final rules are prepared by rep-resentatives of the office concerned and the Office of the Chief Counsel. The rule is then submitted to the Adminis-trator for his/her consideration. If the Administrator adopts the rule, it is published in the FEDERAL REGIS
43、TER, unless all persons subject to it are named and are personally served with a copy of it. 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988 389.31 Petitions for rule making. (a) Any interested person may peti-tion the Administrator to establish, amend, or repeal a rule. (b) Each
44、petition filed under this sec-tion must: (1) Be submitted in duplicate to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jer-sey Ave., SE., Washington, DC 20590 0001; (2) Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitio
45、ner seeks to have repealed, as the case may be; (3) Explain the interest of the peti-tioner in the action requested; (4) Contain any information and ar-guments available to the petitioner to support the action sought. 35 FR 9209, June 12, 1970, as amended at 45 FR 46424, July 10, 1980; 53 FR 2036, J
46、an. 26, 1988; 72 FR 55702, Oct. 1, 2007 389.33 Processing of petition. (a) Unless the Administrator other-wise specifies, no public hearing, argu-ment, or other proceeding is held di-rectly on a petition before its disposi-tion under this section. (b) Grants. If the Administrator de-termines that th
47、e petition contains adequate justification, he/she initiates rule making action under this Subpart B. (c) Denials. If the Administrator de-termines that the petition does not jus-tify rule making, he/she denies the pe-tition. (d) Notification. Whenever the Admin-istrator determines that a petition s
48、hould be granted or denied, the Office of the Chief Counsel prepares a notice of that grant or denial for issuance to the petitioner, and the Administrator issues it to the petitioner. 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988 389.35 Petitions for reconsideration. (a) Any in
49、terested person may peti-tion the Administrator for reconsider-ation of any rule issued under this part. The petition must be in English and submitted in five (5) legible copies to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 205900001, and received not later than thirty (30) days after publication of the rule in the FEDERAL REGISTER. Peti-tions
