Phased Implementation of Informal Hearing Process, 6806 [E7-2457]
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6806
Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Phased Implementation of Informal
Hearing Process
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
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
VerDate Aug<31>2005
16:55 Feb 12, 2007
Jkt 211001
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]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2007–27059, Notice No.
1]
Establishment of an Emergency Relief
Docket for Calendar Year 2007
Federal Railroad
Administration (FRA), DOT.
ACTION: Notice of establishment of
public docket.
AGENCY:
SUMMARY: On August 30, 2006, FRA
published an Interim Final Rule (IFR)
addressing the establishment of
emergency relief dockets (ERD) and the
procedures for handling petitions for
emergency waivers of safety regulations.
71 FR 51517. The IFR provided that
each year, FRA will establish an ERD for
that year and publish a notice in the
Federal Register identifying the docket
number of the ERD for that year. This
Notice announces the establishment of
FRA’s ERD for the current year
(calendar year 2007). The designated
ERD for calendar year 2007 is docket
number FRA–2007–27059.
ADDRESSES: See Supplementary
Information section for further
information regarding submitting
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
petitions and/or comments to Docket
No. FRA–2007–27059.
SUPPLEMENTARY INFORMATION: On August
30, 2006, FRA published an IFR
addressing the establishment of ERD
and the procedures for handling
petitions for emergency waivers of
safety rules, regulations, or standards
during an emergency situation or event.
71 FR 51517. As noted in the IFR, FRA’s
purpose for establishing the ERD and
emergency waiver procedures is to
provide an expedited process for FRA to
address the needs of the public and the
railroad industry during emergency
situations or events. The IFR added
§ 211.45 to Subpart C of 49 CFR part 211
(49 CFR 211.45). Section 211.45(b)
provides that each calendar year FRA
will establish an ERD in the publicly
accessible DOT Document Management
System (DMS) and that FRA will
publish a notice in the Federal Register
identifying by docket number the ERD
for that year. This Notice No. 1
announces that the designated ERD for
calendar year 2007 is docket number
FRA–2007–27059.
As detailed in the IFR, if the FRA
Administrator determines that an
emergency event as defined in 49 CFR
211.45(a) has occurred, or that an
imminent threat of such an emergency
occurring exists, and public safety
would benefit from providing the
railroad industry with operational relief,
the emergency waiver procedures of 49
CFR 211.45 will go into effect. 70 FR
51518. In such an event, the FRA
Administrator will issue a statement in
the ERD indicating that the emergency
waiver procedures are in effect and FRA
will make every effort to post the
statement on its Web site https://
www.fra.dot.gov/. In addition, FRA will
publish a notice in the Federal Register
alerting interested parties that the
emergency waiver procedures will be
utilized. Any party desiring relief from
FRA regulatory requirements as a result
of the emergency situation should
submit a petition for emergency waiver
in accordance with 49 CFR 211.45(e)
and (f). Specific instructions for filing
petitions for emergency waivers in
accordance with 49 CFR 211.45 are
found at 49 CFR 211.45(f). Specific
instructions for filing comments in
response to petitions for emergency
waivers are found at 49 CFR 211.45(h).
Privacy
Anyone is able to search all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Notices]
[Page 6806]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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]
BILLING CODE 4910-EX-P
