[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Notices]
[Page 6806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2457]



[[Page 6806]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Phased Implementation of Informal Hearing Process

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice.

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SUMMARY: The FMCSA is continuing a phased implementation of a new 
provision related to informal hearings in the 49 CFR part 386 Rules of 
Practice. On March 17, 2006, this alternative was implemented in States 
included in the Midwest Service Center geographic area. Beginning on 
February 13, 2007 this alternative is being expanded to States included 
in the Eastern Service Center geographic area.

DATES: The first phase began on March 17, 2006. The second phase will 
begin on February 13, 2007.

SUPPLEMENTARY INFORMATION: The Federal Motor Carrier Safety 
Administration's (FMCSA) final rule revising 49 CFR part 386, ``Rules 
of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous 
Materials Proceedings'' (Rules of Practice), published on May 18, 2005, 
(70 FR 28467) became effective on November 14, 2005. As revised, the 
Rules of Practice permit a respondent in a civil penalty proceeding to 
request an informal hearing as an alternative to either a request for a 
formal hearing or a request to submit written evidence without a 
hearing. The Rules of Practice, however, do not prescribe specific 
procedures for conducting informal hearings.
    As the informal hearing process is a new alternative for motor 
carriers, FMCSA is implementing this alternative in phases to allow 
FMCSA time to evaluate and refine how the informal hearing process is 
conducted.
    The informal hearing process was initially implemented on March 17, 
2006, (71 FR 13894) in the States served by the Midwest Service Center. 
FMCSA only considered requests for an informal hearing from respondents 
with a principal place of business within States included in the FMCSA 
Midwest Service Center's geographic area. That area encompasses the 
States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, 
Missouri, Nebraska, Ohio and Wisconsin.
    The agency intended to expand implementation of the informal 
hearing process nationwide within a year of the effective date of the 
Rules of Practice. However, due to the limited number of requests for 
informal hearings, the agency has not collected sufficient data to 
evaluate and refine this new process. Therefore, FMCSA has decided to 
expand the informal hearing process to States in one additional Service 
Center to allow for continued evaluation of the process.
    At this time, FMCSA is expanding use of the informal hearing 
process to States included in the FMCSA Eastern Service Center 
geographic area. This area encompasses the States of Connecticut, 
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, 
New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, 
the District of Columbia and Puerto Rico. This second phase of 
implementation begins on February 13, 2007. FMCSA will publish any 
subsequent notices of implementation in the Federal Register.
    When an informal hearing request is granted, the hearing officer 
will provide written information to each respondent about the 
procedures that will govern the hearing.

    Issued on: February 6, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-2457 Filed 2-12-07; 8:45 am]
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