Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications and Penalties; Extension of Comment Period

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 361, 362, 363, 364, 385, 386 and 391

[FHWA Docket No. MC-96-18]

RIN 2125-AD64

Rules of Practice for Motor Carrier Proceedings; Investigations;

Disqualifications and Penalties; Extension of Comment Period

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The FHWA announces the extension of the comment period for its

April 29, 1996, notice of proposed rulemaking (NPRM) in which the

agency proposed changes to our procedural rules governing

investigations of motor carrier compliance with agency regulations,

penalty assessments and adjudications, safety ratings, and driver

qualifications. The FHWA has determined this extension is necessary in

response to requests from members of the affected public for additional

time to review and comment on this broad rulemaking proposal. The

comment period is extended to September 13, 1996.

DATES: Comments must be received on or before September 13, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-96-18,

FHWA, Office of the Chief Counsel, HCC-10, Room 4232, 400 Seventh

Street, SW., Washington, DC 20590. All comments received will be

available for examination at the above address from 8:30 a.m. to 3:30

p.m., e.t., Monday through Friday, except Federal holidays. Those

desiring notification of receipt of comments must include a self-

addressed, stamped postcard/envelope.

FOR FURTHER INFORMATION CONTACT: Paul Brennan, Office of the Chief

Counsel, (202) 366-0834, Federal Highway Administration, 400 Seventh

Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to

4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On April 29, 1996 (61 FR 18866), the FHWA

published a NPRM (Docket MC-96-18) that requested comments on its

proposal to revise and amend procedural rules relating to the exercise

of the agency's authority to investigate compliance with the various

regulations subject to its jurisdiction; to assess penalties and to

adjudicate claims for violations of these regulations; to assign safety

ratings to carriers; to determine driver qualifications and other

matters involving formal and informal proceedings. The FHWA proposed

the creation of four new parts in chapter III of Title 49 of the Code

of Federal Regulations, replacing 49 CFR Part 385, 386 and a portion of

Part 391. The FHWA heard reports from the affected public that because

of the broad scope of the proposal, more time was needed to file

meaningful comments.

On December 29, 1995, the Interstate Commerce Commission

Termination Act was enacted, which transferred certain residual

functions of the ICC to the Department of Transportation, some of which

were delegated to the FHWA. The FHWA will be proposing to supplement

its April 29, 1996 NPRM to integrate procedural aspects of its

inherited ICC function into the proposed procedural rule. The extension

of time should be sufficient to accommodate consideration of the

supplemental NPRM, which will be issued in the near future.

The FHWA is mindful of the need for all interested parties to have

enough time to prepare relevant and useful comments. The FHWA therefore

is extending the deadline for submitting comments on Docket MC-96-18 an

additional 45 days. As indicated in the Rulemaking Analyses and Notices

section of the NPRM, all comments received before the close of business

on the comment closing date indicted above will be considered and will

be available for examination in the docket at the above address.

Comments received after the closing date will be filed in the docket

and will be considered to the extent practicable. In addition to late

comments, the FHWA will continue to file relevant information in the

docket as it becomes available after the comment closing date, and

interested parties should continue to examine the docket for new

materials.

Authority: 49 U.S.C. chapters 5, 51, 59, 311, 313, 315; and 49

CFR 1.48.

Issued on: July 26, 1996.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 96-19916 Filed 8-1-96; 2:58 pm]

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