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designee together 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 testify as a witness in an enforcement proceeding or other action. 8 388.6 Joint investigation, inspection, or examination.
Upon agreement by the Regional Administrator of the Federal Highway Administration or his designee and the appropriate State authority, there will be conducted a joint investigation, inspection, or examination of the property, equipment, or records of motor carriers or others, for the enforcement of the safety and hazardous materials laws and regulations of the United States and the State concerning highway transportation. The said Regional Administrator or his designee of the Federal Highway Administration and the appropriate State authority shall decide as to the location and time, the objectives sought, and the identity of the person who will supervise the joint effort and make the necessary decisions. Any agent or employee of either agency who has personal knowledge of pertinent facts shall be made available when necessary to testify as a witness in an enforcement proceeding or other action. 8 388.7 Joint administrative activities related to enforcement of safety and
hazardous materials laws and regulations. To facilitate the interchange of information and evidence, and the conduct of joint investigation and administrative action, the Regional Highway Administrator of the Federal Highway Administration or his designee and the appropriate State authority shall, when warranted, schedule 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 enforce the safety and hazardous materials laws and regulations of the State or of the United States concerning motor carrier transportation. The Federal Highway Adminstration 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 assist each other in conducting training schools for Federal and State enforcement officials engaged in such duties. § 388.8 Supplemental agreements.
The terms hereinabove specified may be supplemented from time to time by specific agreement between the Federal Highway Administration and the appropriate State authority in order to further implement the provisions of 49 U.S.C. 305(f).
PART 389_RULEMAKING PROCEDURES-MOTOR CARRIER SAFETY
Subpart A-General Sec. 389.1 Applicability. 389.3 Definitions. 389.5 Regulatory Docket. 389.7 Records.
Subpart B-Procedures for Adoption of Rules 389.11 General. 389.13 Initiation of rulemaking. 389.15 Contents of notices of proposed rulemaking. 389.17 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 rulemaking proceedings. 389.27 Hearings. 389.29 Adoption of final rules. 389.31 Petitions for rulemaking. 389.33 Processing of petition.
*Published in the FEDERAL REGISTER, 33 F.R. 19726, Dec. 25, 1968.
AUTHORITY: The provisions of this Part 389 issued under secs. 204, 220, 224, 49 Stat. 546, 563, 566, as amended; sec. 6, 80 Stat. 931; 49 U.S.C. 304, 320, 324, 1655; 49 C.F.R. 1.4(c).
Subpart A-General 8 389.1 Applicability.
This part prescribes rulemaking procedures that apply to the issue, amendment, and revocation of rules under sections 204, 220, and 224 of Part II of the Interstate Commerce Act. 8 389.3 Definitions.
"Act” means Part II of the Interstate Commerce Act.
“Administrator” means the Administrator of the Federal Highway Administration or a person to whom he has delegated final authority in the matter concerned.
“Bureau” means the Bureau of Motor Carrier Safety, Federal Highway Administration.
"Director” means the Director of the Bureau of Motor Carrier Safety.
“Rule” includes any order or regulation issued under the Act. 8 389.5 Regulatory Docket.
(a) Information and data deemed relevant by the Administrator of the Federal Highway Administration relating to rulemaking actions, including notice of proposed rulemaking; comments received in response to notices; petitions for rulemaking and reconsideration; denials of petitions for rulemaking and reconsideration; records of additional rulemaking proceedings under $ 389.25; and final rules are maintained at Headquarters, Bureau of Motor Carrier Safety, Federal Highway Administration, Room 302A, Donohoe Building, Sixth and D Streets SW., Washington, D.C. 20591.*
(b) Any person may examine docketed material, at any time during regular business hours after the docket is established, except material ordered withheld from the public under section 552(b) of Title 5 of the United States Code, and may obtain a copy of it upon payment of a fee. $ 389.7 Records.
Records of the Federal Highway Administration relating to rulemaking proceedings are available for inspection as provided in section 552(b) of Title 5 of the United States Code and Part 7 of the regulations of the Secretary of Transportation (Part 7 of this title; 32 F.R. 9284 et seq.).
Subpart B-Procedures for Adoption of Rules $ 389.11 General.
Unless the Administrator, for good cause, finds that notice is impractical, unnecessary, or contrary to the public interest, and incorporates that finding and a brief statement of the reasons for it in the rule, a notice of proposed rulemaking is issued and interested persons are invited to participate in the rulemaking proceedings involving rules under sections 204, 220, 224, of the Act. 8 389.13 Initiation of rulemaking.
The Administrator initiates rulemaking on his own motion. However, in so doing, he may, in his discretion, consider the recommendations of his staff, bureaus, and other agencies of the United States or of other interested persons. § 389.15 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the FEDERAL REGISTER, unless all persons subject to it are named and are personally served with a copy of it.
(b) Each notice, whether published in the FEDERAL REGISTER or personally served, includes:
* Sec. number corrected in Federal Register, 34 F.R. 6851, Apr. 24, 1969; address now room 5238, 400 7th Street SW.
(1) A statement of the time, place, and nature of the proposed rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the substance and terms of the proposed rule;
(4) A statement of the time within which written comments must be submitted; and
(5) A statement of how and to what extent interested persons may participate in the proceeding. 8 389.17 Participation by interested persons.
(a) Any interested person may participate in rulemaking proceedings by submitting comments in writing containing information, views, or arguments.
(b) In his discretion, the Administrator may invite any interested person to participate in the rulemaking procedures described in § 389.25. 8 389.19 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 stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments. Such a petition is granted only if the petitioner shows good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted, it is granted to all persons, and it is published in the FEDERAL REGISTER. 8 389.21 Contents of written comments.
All written comments must be in English and submitted in five (5) legible copies, unless the number of copies is specified in the notice. Any interested person must submit as part of his written comments all material that he considers relevant to any statement of fact made by him. Incorporation of material by reference is to be avoided. However, if such incorporation is necessary, the incorporated material shall be identified with respect to document and page. 8 389.23 Consideration of comments received.
All timely comments are considered before final action is taken on a rulemaking proposal. Late filed comments may be considered as far as practicable. $ 389.25 Additional rulemaking proceedings.
The Administrator may initiate any further rulemaking proceedings that he finds necessary or desirable. For example, interested persons may be invited to make oral arguments, to participate in conferences between the Administrator or his 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 transcript or minutes are kept, or participate in any other proceeding to assure informed administrative action and to protect the public interest. 8 389.27 Hearings.
(a) Sections 556 and 557 of Title 5, United States Code, do not apply to hearings held under this part. Unless otherwise specified, hearings, held under this part are informal, nonadversary, fact-finding proceedings 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 exclusively on the record of the hearing.
(b) The Administrator designates a representative to conduct any hearing held under this part. The Chief Counsel of the Federal Highway Administration designates a member of his staff to serve as legal officer at the hearing.
§ 389.29 Adoption of final rules.
Final rules are prepared by representatives of the office concerned and the Office of the Chief Counsel. The rule is then submitted to the Administrator for his consideration. If the Administrator adopts the rule, it is published in the FEDERAL REGISTER, unless all persons subject to it are named and are personally served with a copy of it.
§ 389.31 Petitions for rulemaking.
(a) Any interested person may petition the Administrator to establish, amend, or repeal a rule.
(b) Each petition filed under this section must:
(1) Be submitted in duplicate to the Federal Highway Administration, Bureau of Motor Carrier Safety, Room 302A, Donohoe Building, Sixth and D Streets SW., Washington, D.C. 20591;
(2) Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have repealed, as the case may be;
(3) Explain the interest of the petitioner in the action requested;
(4) Contain any information and arguments available to the petitioner to support the action sought. § 389.33 Processing of petition.
(a) General. Each petition received under $ 389.31 is referred to the Director of the Bureau. Unless the Administrator otherwise specifies, no public hearing, argument, or other proceeding is held directly on a petition before its disposition under this section.
(b) Grants. If the Administrator determines that the petition contains adequate justification, he initiates rulemaking action under this Subpart B.
(c) Denials. If the Administrator determines that the petition does not justify rulemaking, he denies the petition.
(d) Notification. Whenever the Administrator determines that a petition should 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. § 389.35 Petitions for reconsideration.
(a) Any interested person may petition the Administrator for reconsideration of any rule issued under this part. The petition must be in English and submitted in five (5) legible copies to the Federal Highway Administration, Bureau of Motor Carrier Safety, Room 302A, Donohoe Building, Sixth and D Streets SW., Washington, D.C. 20591, and received not later than thirty (30) days after publication of the rule in the FEDERAL REGISTER. Petitions filed after that time will be considered as petitions filed under $ 389.31. The petition must contain a brief statement of the complaint and an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest.
(b) If the petitioner requests the consideration of additional facts, he must state the reason they were not presented to the Administrator within the prescribed time.
(c) The Administrator does not consider repetitious petitions.
(d) Unless the Administrator otherwise provides, the filing of a petition under this section does not stay the effectiveness of the rule. 8 389.37 Proceedings on petitions for reconsideration.
The Administrator may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. In the event he determines to reconsider any rule, he may issue a final decision on reconsideration without further proceedings, or he may provide such opportunity to submit comment or information and data as he deems appropriate. Whenever the Administrator determines that a petition should be granted or denied, he prepares a notice of the grant or denial of a petition for reconsideration, for issuance to the petitioner, and issues it to the petitioner. The Administrator may consolidate petitions relating to the same rule.
PART VII. SUBJECT INDEX
Alaska access and development roads, 23 U.S.C. 118(d)-------- II-17
-------- II-65, 66
advance of funds, rights-of-way, acquisition and construc-
-- II-34, 35
_ II-34, 35
availability of information, Hwy. Safety Act, $ 106--------- II-71
carrier, recovery of charges and limitation of, 49 U.S.C.,
-- VI-14, 15
Aviation, 49 U.S.C., 1652(e), (f); 1653(c); 1654(b), (d),
6-11, 15, 20, 21
U.S.C., 101(d) and 104(a) and (e)-------- -------- II-5, 7, 10
definition of, D.O.T. Act, 49 U.S.C., 1655(f) (2) (B) (ii) --- 1-12