[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Proposed Rules]
[Page 40781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19916]



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.


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 

    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]