DOT 49 CFR PART 388-2010 COOPERATIVE AGREEMENTS WITH STATES.pdf

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1、327 Federal Motor Carrier Safety Administration, DOT 388.5 withdrawn only in accordance with 387.413(d). 55 FR 11201, Mar. 27, 1990. Redesignated at 61 FR 54710, Oct. 21, 1996, as amended at 62 FR 49942, Sept. 24, 1997 387.419 Electronic filing of surety bonds, certificates of insurance and cancella

2、tions. Insurers may, at their option and in accordance with the requirements and procedures set forth at 49 CFR 387.323, file certificates of insurance, surety bonds, and other securities and agree-ments electronically. 60 FR 16811, Apr. 3, 1995, as amended at 62 FR 49942, Sept. 24, 1997 PART 388COO

3、PERATIVE AGREEMENTS WITH STATES Sec. 388.1 Eligibility. 388.2 Extent of acceptance. 388.3 Cancellation. 388.4 Exchange of information. 388.5 Requests for assistance. 388.6 Joint investigation, inspection, or ex-amination. 388.7 Joint administrative activities related to enforcement of safety and haz

4、ardous materials laws and regulations. 388.8 Supplemental agreements. AUTHORITY: 49 U.S.C. 113 and 502; 49 CFR 1.73. SOURCE: 33 FR 19725, Dec. 25, 1968, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 388 appear at 66 FR 49873, Oct. 1, 2001. 388.1 Eligibility. Any State may agre

5、e with the Fed-eral Motor Carrier Safety Administra-tion to enforce the safety laws and reg-ulations of said State and the United States concerning motor carrier trans-portation by filing with the Adminis-trator at Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE.

6、, Washington, DC 205900001, a written acceptance of the terms herein. 33 FR 19725, Dec. 25, 1968, as amended at 72 FR 55702, Oct. 1, 2007 388.2 Extent of acceptance. The written acceptance may be in letter form, signed by competent au-thority of said State charged with reg-ulations of motor carrier

7、saftey and hazardous materials transportation and shall specify the terms herein per-taining to the obligations of a State in which said State will participate. To the extent that a State agrees to par-ticipate in the terms herein, officials of the Federal Motor Carrier Safety Ad-ministration will r

8、eciprocate. 388.3 Cancellation. Cancellation or withdrawal, in whole or in part, from any agreement made under this chapter may be effected by written notice from either party indi-cating the effective date of said can-cellation or withdrawal. 388.4 Exchange of information. (a) Federal Motor Carrier

9、 Safety Ad-ministration furnishing information to State. Information that comes to the attention of an employee of the Fed-eral Motor Carrier Safety Administra-tion in the course of his/her official du-ties of investigation, inspection, or ex-amination of the property, equipment, and records of a mo

10、tor carrier or oth-ers, pursuant to 49 U.S.C. 504(c), and that is believed to be a violation of any law or regulation of the State per-taining to unsafe motor carrier oper-ations and practices, shall be commu-nicated to the appropriate State au-thority by an official of the Federal Motor Carrier Saf

11、ety Administration. (b) State furnishing information to Fed-eral Motor Carrier Safety Administration. Information that comes to the atten-tion of a duly authorized agent of the State in the course of his/her official duties of investigation, inspection, or examination of the property, equip-ment, an

12、d records of a motor carrier or others, and that is believed to be a vio-lation of any provision of the safety or hazardous materials laws of the United States concerning highway transpor-tation or the regulations of the Federal Motor Carrier Safety Administration thereunder, shall be communicated t

13、o the Field Administrator. 51 FR 12621, Apr. 14, 1986, as amended at 67 FR 61824, Oct. 2, 2002 388.5 Requests for assistance. (a) State request for Federal Motor Car-rier Safety Administration assistance. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:SGML22021

14、6.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-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-mini

15、stration 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 regula-tions concerning unsafe motor carrier operations. Evidence obtained in this manner shall be transmitted to the ap-propriate State authority together w

16、ith 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 as a wit-ness in an enforcement proceeding or other action. (b) Federal Motor Carrier Safety Ad-ministration request for State assistance. Upon written requ

17、est from a Regional Director of Motor Carriers, the appro-priate State authority, shall, as time, personnel, and funds permit, obtain evidence in 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 th

18、e United States concerning highway transportation. Evidence ob-tained in this manner shall be trans-mitted to the Field Administrator, to-gether 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 witne

19、ss 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, 1995; 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-

20、thority, there will be conducted a joint investigation, inspection, or examina-tion of the property, equipment, or records of motor carriers or others, for the enforcement of the safety and haz-ardous materials laws and regulations of the United States and the State con-cerning highway transportatio

21、n. The said Field Administrator and the ap-propriate State authority shall decide as to the location and time, the objec-tives sought, and the identity 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 knowle

22、dge 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, 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

23、and hazardous materials laws and regulations. To facilitate the interchange of in-formation and evidence, and the con-duct of joint investigation and admin-istrative action, the Field Adminis-trator and the appropriate State au-thority shall, when warranted, sched-ule joint conferences of staff memb

24、ers of both agencies. Information shall be exchanged as to the nature and extent of the authority and capabilities of the respective agencies to enforce the safe-ty and hazardous materials laws and regulations of the State or of the United States concerning motor carrier transportation. The Federal

25、Motor Car-rier Safety Administration and the State (or appropriate State authority) shall use their best efforts to inform each other of changes in their rules and regulations and cooperate with and as-sist each other in conducting training schools for Federal and State enforce-ment officials engage

26、d 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. The terms specified in this part may be supplemented from time to time by specific agreement between the Federal Motor Carrier Safety Administration and th

27、e 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 PROCE-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 permitted without license from IHS-,-,-