ÿWPCC ûÿ2BÿÿVPÿÿZ¦ÿÿ#|x10cpiðÿÿ‰?xxx,Ûwôxþ6X@É“8Ç;X@þþþþþþþÿþÿÿÿþÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿHP LaserJet IIIHPLASIII.PRSÛx Œ @ɇÏ,\,ðÛbˆX@#|xûÿ2#: Z]X·ÿÿJCourier 10cpiCourier 10cpi (Bold)HP LaserJet IIIHPLASIII.PRSÛx Œ @ɇÏ,\,ðÛbˆX@ðÿÿ‰?xxx,Èôxþ6X@É“8Ç;X@þþþþþþþÿþÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ¢ÿÿ‰?xxx,äÈôxÐ `É•BÇ;X€þþþþþþþÿÿÿÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿCourier 12cpi (Bold)Courier 12cpi (Italic)Courier 10cpi (Legal)Courier 10cpi (Bÿÿÿÿ (Legal)Courier 10cpi (Italic) (Legal)Courier 12cpi (Legal)Courier 12cpi (Bold)ûÿ2AÔ ‰? Ôà ÃÄ ÄÁà4ìÁTITLE 49, CODE OF FEDERAL REGULATIONS, CHAPTER IIIƒ Áàxì!Á(Oct. 1993 edition)ƒ PART 389 -- RULEMAKING PROCEDURES -- FEDERAL MOTOR CARRIER SAFETY REGULATIONS 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 rule making. 389.15 Contents of notices of proposed rule making. 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 rule making proceedings. 389.27 Hearings. 389.29 Adoption of final rules. 389.31 Petitions for rule making. 389.33 Processing of petition. 389.35 Petitions for reconsideration. 389.37 Proceedings on petitions for reconsideration. Authority: Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99 - 570, 100 Stat. 3207 - 170 (49 U.S.C. 2701 et seq.); 49 U.S.C. 104 and 3102; sec. 30 of the Motor Carrier Act of 1980 (Pub. L. 96 - 296, 94 Stat. 820), as amended by sec. 108(b)(5) of Pub. L. 96 - 510, 94 Stat. 2767; sec. 406 of Pub. L. 97 - 424, 96 Stat. 2097; sec. 222 of Pub. L. 98 - 554, 98 Stat. 2846 (49 U.S.C. 10927 note); secs. 18 and 25(c) of the Bus Regulatory Reform Act of 1982 (Pub. L. 97 - 261, 96 Stat. 1102, 1120, 49 U.S.C. 10927 note); and 42 U.S.C. 4917. Source: 35 FR 9209, June 12, 1970, unless otherwise noted. Subpart A -- General ÀÀ 389.1 Applicability. This part prescribes rulemaking procedures that apply to the issuance, amendment and revocation of rules under 49 U.S.C. 3102; section 30 of the Motor Carrier Act of 1980, as amended; section 18 of the Bus Regulatory Reform Act of 1982, as amended; the Motor Carrier Safety Act of 1984; the Commercial Motor Vehicle Safety Act of 1986 and the Noise Control Act of 1972. Ôh)0*0*0*°°ÔŒ[51 FR 12621, Apr 14, 1986, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 389.3 Definitions. Act means 49 U.S.C. 104, 501 et seq., 3101 et seq., the Motor Carrier Act of 1980, the Motor Carrier Safety Act of 1984, the Commercial Motor Vehicle Safety Act of 1986, the Bus Regulatory Reform Act of 1982, or the Noise Control Act of 1972. Administrator means the Federal Highway Administrator. Rule includes any order or regulation issued under the Act. [35 FR 9209, June 12, 1970, as amended at 51 FR 12621, Apr. 14, 1986; 53 FR 2036, Jan. 26, 1988] ÀÀ 389.5 Regulatory docket. (a) Information and data deemed relevant by the Administrator relating to rule making actions, including notices of proposed rule making; comments received in response to notices; petitions for rule making and reconsideration; denials of petitions for rule making and reconsideration; records of additional rule making proceedings under ÀÀ 389.25; and final rules are maintained at Headquarters, Federal Highway Administration, Nassif Building, 400 Seventh Street, SW., Washington, DC 20590. (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. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 389.7 Records. Records of the Administrator relating 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 regulations of the Secretary of Transportation (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 B -- Procedures for Adoption of Rules Ôh)0*0*0*°°ÔŒ™ÀÀ 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 49 U.S.C. 3102; section 30 of the Motor Carrier Act of 1980, as amended; section 18 of the Bus Regulatory Reform Act of 1982, as amended; the Motor Carrier Safety Act of 1984; the Commercial Motor Vehicle Safety Act of 1986 and the Noise Control Act of 1972. [51 FR 12621, Apr 14, 1986 as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 389.13 Initiation of rule making. The Administrator initiates rule making on his own motion. However, in so doing, he may, in his discretion, consider the recommendations of his staff or other agencies of the United States or of other interested persons. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 389.15 Contents of notices of proposed rule making. (a) Each notice of proposed rule making 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: (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 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. ÀÀ 389.17 Participation by interested persons. (a) Any interested person may participate in rule makingÔh)0*0*0*°°Ô 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 rule making procedures described in ÀÀ 389.25. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 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. ÀÀ 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. ÀÀ 389.23 Consideration of comments received. All timely comments are considered before final action is taken on a rule making proposal. Late filed comments may be considered as far as practicable. ÀÀ 389.25 Additional rule making proceedings. The Administrator may initiate any further rule making proceedings that he finds necessary or desirable. or 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. Ôh)0*0*0*°°ÔŒ™[35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 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 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 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. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 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. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 389.31 Petitions for rule making. (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 Administrator, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590; (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; Ôh)0*0*0*°°ÔŒ (4) Contain any information and arguments 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, Jan. 26, 1988] ÀÀ 389.33 Processing of petition. (a) 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 rule making action under this Subpart B. (c) Denials. If the Administrator determines that the petition does not justify rule making, 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. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 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 Administrator, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590, 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 ÀÀ 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 ofÔh)0*0*0*°°Ô the rule. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988] ÀÀ 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. [35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988]