49 CFR 389.39 - Direct final rulemaking procedures

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§ 389.39 Direct final rulemaking procedures

A direct final rule makes regulatory changes and states that those changes will take effect on a specified date unless FMCSA receives an adverse comment or notice of intent to file an adverse comment by the date specified in the direct final rule published in the Federal Register.

(a) Types of actions appropriate for direct final rulemaking. Rules that the Administrator determines to be non-controversial and unlikely to result in adverse public comments may be published in the final rule section of the Federal Register as direct final rules. These include non-controversial rules that:

(1) Make non-substantive clarifications or corrections to existing rules;

(2) Incorporate by reference the latest or otherwise updated versions of technical or industry standards;

(3) Affect internal FMCSA procedures such as filing requirements and rules governing inspection and copying of documents;

(4) Update existing forms; and

(5) Make minor changes to rules regarding statistics and reporting requirements, such as a change in reporting period (for example, from quarterly to annually) or eliminating a type of data collection no longer necessary.

(b) Adverse comment. An adverse comment is a comment that FMCSA judges to be critical of the rule, to suggest that the rule should not be adopted, or to suggest that a change should be made to the rule. Under the direct final rule process, FMCSA does not consider the following types of comments to be adverse:

(1) Comments recommending another rule change, unless the commenter states that the direct final rule will be ineffective without the change;

(2) Comments outside the scope of the rule and comments suggesting that the rule's policy or requirements should or should not be extended to other Agency programs outside the scope of the rule;

(3) Comments in support of the rule; or

(4) Comments requesting clarification.

(c) Confirmation of effective date. FMCSA will publish a confirmation rule document in the Federal Register, if it has not received an adverse comment or notice of intent to file an adverse comment by the date specified in the direct final rule. The confirmation rule document tells the public the effective date of the rule.

(d) Withdrawal of a direct final rule.

(1) If FMCSA receives an adverse comment or a notice of intent to file an adverse comment within the comment period, it will publish a rule document in the Federal Register, before the effective date of the direct final rule, advising the public and withdrawing the direct final rule.

(2) If FMCSA withdraws a direct final rule because of an adverse comment, the Agency may issue a notice of proposed rulemaking if it decides to pursue the rulemaking.

[75 FR 29916, May 28, 2010]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 49 - TRANSPORTATION

§ 113 - Federal Motor Carrier Safety Administration

§ 501 - Definitions and application

§ 502 - General authority

§ 503 - Service of notice and process on certain motor carriers of migrant workers and on motor private carriers

§ 504 - Reports and records

§ 505 - Arrangements and public records

§ 506 - Authority to investigate

§ 507 - Enforcement

§ 508 - Safety performance history of new drivers; limitation on liability

§ 31101 - Definitions

§ 31102 - Grants to States

§ 31103 - United States Government’s share of costs

§ 31104 - Availability of amounts

§ 31105 - Employee protections

§ 31106 - Information systems

§ 31107 - Border enforcement grants

§ 31108 - Motor carrier research and technology program

§ 31109 - Performance and registration information system management

§ 31301 - Definitions

§ 31302 - Commercial driver’s license requirement

§ 31303 - Notification requirements

§ 31304 - Employer responsibilities

§ 31305 - General driver fitness, testing, and training

§ 31306 - Alcohol and controlled substances testing

§ 31307 - Minimum training requirements for operators of longer combination vehicles

§ 31308 - Commercial driver’s license

§ 31309 - Commercial driver’s license information system

§ 31310 - Disqualifications

§ 31311 - Requirements for State participation

§ 31312 - Decertification authority

§ 31313 - Grants for commercial driver’s license program implementation

§ 31314 - Withholding amounts for State noncompliance

§ 31315 - Waivers, exemptions, and pilot programs

§ 31316 - Limitation on statutory construction

§ 31317 - Procedure for prescribing regulations

§ 31502 - Requirements for qualifications, hours of service, safety, and equipment standards