Rulemaking Procedures Update, 36719-36724 [2017-16452]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Proposed Rules]
[Pages 36719-36724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16452]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 389

[Docket No. FMCSA-2016-0341]
RIN 2126-AB96


Rulemaking Procedures Update

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: FMCSA proposes to amend its rulemaking procedures by revising 
the process for preparing and adopting rules, petitions, and direct 
final rules. Also, the Agency adds new definitions, and makes general 
administrative corrections throughout its rulemaking procedures. These 
proposed actions are authorized under the Fixing America's Surface 
Transportation (FAST) Act and the Administrative Procedure Act (APA).

DATES: Comments on this document must be received on or before October 
6, 2017.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2016-0341 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Bivan R. Patnaik, Chief, 
Regulatory Development Division, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 
or by telephone at 202-366-8092 or Bivan.Patnaik@dot.gov. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: This NPRM is organized as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Waiver of Advance Notice of Proposed Rulemaking
II. Legal Basis for the Rulemaking
III. Discussion of Proposed Rulemaking
IV. International Impacts
V. Section-by-Section Analysis
VI. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory 
Policies and Procedures as Supplemented by E.O. 13563)
    B. Regulatory Flexibility Act (Small Entities)
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act (Collection of Information)
    F. E.O. 13132 (Federalism)
    G. E.O. 12988 (Civil Justice Reform)
    H. E.O. 13045 (Protection of Children)
    I. E.O. 12630 (Taking of Private Property)
    J. Privacy
    K. E.O. 12372 (Intergovermental Review)
    L. E.O. 13211 (Energy Supply, Distribution, or Use)
    M. E.O. 13175 (Indian Tribal Governments)
    N. National Technology Transfer and Advancement Act (Technical 
Standards)
    O. Environment (NEPA, CAA, Environmental Justice)

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (Docket No. FMCSA-2016-0341), indicate the specific section of 
this document to which each section of your comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. FMCSA recommends that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so that FMCSA can contact you if 
there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2016-0341, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

[[Page 36720]]

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2016-0341, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the Internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under section 5202 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 
1534, December 4, 2015; 49 U.S.C. 31136(g)), if a proposed rule 
regarding commercial motor vehicle safety is likely to lead to the 
promulgation of a major rule, FMCSA is required to publish an advance 
notice of proposed rulemaking (ANPRM), or proceed with a negotiated 
rulemaking, unless the Agency finds good cause that both would be 
impracticable, unnecessary, or contrary to the public interest. As 
today's NPRM is not proposing any requirements regarding commercial 
motor vehicle safety and would not lead to promulgation of a major 
rule, FMCSA finds that publication of an ANPRM or proceeding with a 
negotiated rulemaking are unnecessary and contrary to the public 
interest in this case.

II. Legal Basis for the Rulemaking

    The FAST Act requires FMCSA to address its rulemaking and petitions 
procedures. Specifically, section 5202 provides requirements for the 
Agency to follow regarding the development of proposed rulemakings [49 
U.S.C. 31136(f)-(h)]. Section 5204 also directs the Agency to be more 
transparent to the public regarding how FMCSA prioritizes and defines 
petitions.
    The APA (5 U.S.C. 551-706) established procedures for all Federal 
agencies to use in developing rules and regulations. It also 
established the standards that allow the public to participate in a 
rulemaking as well as the opportunity to petition the Federal 
government for the issuance, amendment, or repeal or a rule. The APA 
authorizes those proposed changes to Part 389, beyond what is required 
by the FAST Act.

III. Discussion of Proposed Rulemaking

    FMCSA proposes several changes to the regulatory procedural 
requirements found in 49 CFR part 389. These changes fall into the 
three general categories outlined below, and are explained in further 
detail in the section-by-section analysis.

A. Advance Rulemaking Procedures Required

    FMCSA proposes new rulemaking provisions required by the FAST Act 
where the Agency must consider undertaking a negotiated rulemaking or 
an ANPRM for all major rules regarding commercial motor vehicle safety. 
However, the FAST Act allows the Administrator to waive this 
requirement in instances where those tools would be impracticable, 
unnecessary, or contrary to the public interest. Additionally, the NPRM 
proposes a definition of a ``major rule'' as defined in the 
Congressional Review Act (5 U.S.C. 801). FMCSA would use this 
definition to determine whether an ANPRM or negotiated rulemaking 
process is necessary.

B. Definition and Processing of a Petition

    Under the current FMSA regulations (49 CFR part 389) for submitting 
petitions, there is no regulatory definition of a petition. However, 
section 5204 of the FAST Act clearly defines the term ``petition.'' It 
includes requests for: A new regulation; a regulatory interpretation or 
clarification; or a determination by FMCSA that a regulation should be 
modified or eliminated for one of several enumerated reasons prescribed 
in section 5204. FMCSA proposes to include this definition in part 389.
    Additionally, under this proposal, part 389 would be revised to 
include a new process for filing and addressing petitions. These 
changes are being proposed in order to clarify FMCSA's procedures for 
rulemaking, and to make editorial changes.
    Finally, FMCSA proposes to define what ``written or in writing'' 
means to include electronic documentation.

C. Direct Final Rulemaking Procedures

    Under FMCSA's current direct final rulemaking (DFR) procedures, if 
the Agency receives a notice of intent (NOI) to file an adverse 
comment, the DFR will be withdrawn, even if the comment that is 
eventually filed does not meet the definition of an adverse comment 
found in 49 CFR 389.39(b). FMCSA proposes to change this requirement. 
Upon receiving an NOI to file an adverse comment, the Agency would 
extend the comment period rather than withdraw the DFR, allowing the 
commenter additional time to file. Once FMCSA receives the comment, the 
Agency would determine whether it is adverse. If it is an adverse 
comment, FMCSA would withdraw the DFR; however, if it does not meet the 
definition in Sec.  389.39(b), the Agency would move forward with the 
DFR. If the same or another commenter submits an NOI at the end of the 
extended comment period, FMCSA will determine, on a case-by-case basis, 
whether to extend the comment period again, withdraw the DFR, or 
proceed with the DFR using only the comments already received.

IV. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries that they operate in, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences amongst nations.

V. Section-by-Section Analysis

    Throughout part 389, FMCSA would change the term ``rule making'' to 
``rulemaking'' for consistency.

Section 389.3 Definitions

    FMCSA would add new definitions of ``major rule,'' ``petitions,'' 
and ``written or in writing'' to Sec.  389.3.

Section 389.13 Initiation of Rulemaking

    In Sec.  389.13, FMCSA would redesignate the existing text into 
paragraph (a) and would add paragraphs (b)(1) through (b)(3).
    Proposed paragraph (b) of section 389.13 and its subparagraphs 
include the advanced public participation requirements from section 
5202 of the FAST Act.

[[Page 36721]]

Section 389.15 Contents of Notices of Proposed Rulemaking

    The title of Sec.  389.15 is changed by removing the space between 
``rule'' and ``making.''

Section 389.21 Submission of Written Comments

    FMCSA proposes revising Sec.  389.21 to include direction on how 
comments should be submitted. The Agency would remove the text 
regarding incorporation by reference, as it is not relevant to the 
topic of comment submission. FMCSA also proposes renaming the section 
heading to ``Submission of written comments'' to reflect this change.

Section 389.29 Adoption of Final Rules

    In Sec.  389.29, FMCSA makes minor changes to the text to clarify 
the procedure followed when the Agency finalizes a rule.

Section 389.31 Petitions for Rulemaking

    In Sec.  389.31(a) the word ``repeal'' would be replaced with 
``withdraw'' to more accurately describe the removal of a regulation. 
In paragraph (b)(1) the word ``duplicate'' would be replaced with 
``writing'' to make use of and follow the definition of this term, 
proposed in Sec.  389.3. This proposed change would also reflect that 
the Agency no longer requires duplicate submissions.

Section 389.39 Direct Final Rulemaking Procedures

    In Sec.  389.39, FMCSA would remove language regarding the 
withdrawal of a DFR if the Agency receives an NOI to submit an adverse 
comment. Upon receipt of an NOI, the Agency would extend the comment 
period to give the submitter additional time to file the comment. Once 
submitted, the comment would be reviewed to determine if it is an 
adverse comment, and proceed according to the results of that analysis 
(either to withdraw the DFR if the comment is adverse, or to move 
forward with the DFR if it is not).

VI. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory 
Policies and Procedures as Supplemented by E.O. 13563)

    This NPRM is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is also 
not significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034, February 
26, 1979) and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. The Office of Management 
and Budget has not reviewed it under that Order.
    This rule is procedural in nature, primarily impacting FMCSA's 
process for promulgation of regulations. As a result, there would be no 
costs associated with this NPRM.

B. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires Federal agencies to consider the effects of the regulatory 
action on small business and other small entities and to minimize any 
significant economic impact. The term ``small entities'' comprises 
small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.\1\ 
Accordingly, DOT policy requires an analysis of the impact of all 
regulations on small entities, and mandates that agencies strive to 
lessen any adverse effects on these businesses.
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    \1\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see 
National Archives at https://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html.
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    FMCSA does not expect this NPRM to have a significant economic 
impact on a substantial number of small entities. Consequently, I 
certify that the action would not have a significant economic impact on 
a substantial number of small entities. FMCSA invites comment from 
members of the public who believe there will be a significant impact 
either on small businesses or on governmental jurisdictions with a 
population of less than 50,000.

C. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this NPRM so that they can better evaluate its effects 
on themselves and participate in the rulemaking initiative. If the NPRM 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance; please consult the FMCSA point of contact, Mr. 
Bivan Patnaik, listed in the FOR FURTHER INFORMATION CONTACT section of 
this NPRM.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $156 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2015 levels) or more in any one year. As the proposed rule is 
procedural in nature and is not expected to result in any costs at the 
societal level, it would likewise not impose costs to State, local, or 
tribal governments.

E. Paperwork Reduction Act (Collection of Information)

    This NPRM calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of 
Executive Order 13132 if it has ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' FMCSA has determined that this NPRM 
would not have substantial direct costs on or for States, nor would it 
limit the policymaking discretion of States. Nothing in this document 
preempts any State law or regulation. Therefore, this NPRM does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism Impact Statement.

[[Page 36722]]

G. E.O. 12988 (Civil Justice Reform)

    This NPRM meets applicable standards in sections 3(a) and 3(b) (2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

H. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this NPRM is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, the Agency does not anticipate that this 
regulatory action would in any respect present an environmental or 
safety risk that could disproportionately affect children.

I. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this NPRM in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have taking implications.

J. Privacy

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This NPRM does not require the 
collection of personally identifiable information (PII).
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat. 
2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct PIA 
for new or substantially changed technology that collects, maintains, 
or disseminates information in an identifiable form.
    No new or substantially changed technology would collect, maintain, 
or disseminate information as a result of this NPRM. As a result, FMCSA 
has not conducted a privacy impact assessment.

K. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
NPRM.

L. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this NPRM under E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use. The Agency has determined that it is not a ``significant energy 
action'' under that order because it is not a ``significant regulatory 
action'' likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, it does not require a 
Statement of Energy Effects under E.O. 13211. The Administrator of the 
Office of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

M. E.O. 13175 (Indian Tribal Governments)

    This NPRM does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This NPRM does not use 
technical standards. Therefore, FMCSA did not consider the use of 
voluntary consensus standards.

O. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), 
Appendix 2, paragraph 6.x. The Categorical Exclusion (CE) in paragraph 
6.x. addresses regulations implementing procedures for the issuance, 
amendment, revision and rescission of Federal motor carrier regulations 
(e.g., the establishment of procedural rules that would provide general 
guidance on how the agency manages its notice-and-comment rulemaking 
proceedings, including the handling of petitions for rulemakings, 
waivers, exemptions, and reconsiderations, and how it manages 
delegations of authority to carry out certain rulemaking functions.). 
The content in this rule is covered by this CE and the proposed action 
would not have any effect on the quality of the environment. The CE 
determination is available for inspection or copying in the Federal 
eRulemaking Portal: https://www.regulations.gov.
    FMCSA also analyzed this rule under the Clean Air Act, as amended 
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it does not affect direct or indirect emissions of 
criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this proposed rule in accordance with the E.O., and 
has determined that no environmental justice issue is associated with 
this proposed rule, nor is there any collective environmental impact 
that would result from its promulgation.

List of Subjects in 49 CFR Part 389

    Administrative practice and procedure, Highway safety, Motor 
carriers, Motor vehicle safety.


[[Page 36723]]


    In consideration of the foregoing, FMCSA proposes to amend 49 CFR 
chapter III, part 389 to read as follows:

PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY 
REGULATIONS

0
1. The authority citation for part 389 is revised to read as follows:

    Authority:  Authority: 49 U.S.C. 113, 501 et seq., subchapters I 
and III of chapter 311, chapter 313, and 31502; sec. 5204 of Pub. L. 
114-94, 129 Stat. 1312. 1536, 42 U.S.C. 4917; and 49 CFR 1.87.

0
2. Amend Sec.  389.3 by adding definitions of Major rule, Petition, and 
Written or in writing in alphabetical order to read as follows:


Sec.  389.3  Definitions.

* * * * *
    Major rule means:
    (1) Any rule that the Administrator of the Office of Information 
and Regulatory Affairs of the Office of Management and Budget finds has 
resulted in or is likely to result in:
    (i) An annual effect on the economy of $100,000,000 or more;
    (ii) A major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; or
    (iii) Significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.
    (2) The term does not include any rule promulgated under the 
Telecommunications Act of 1996 and the amendments made by that Act.
    Petition means a request for:
    (1) A new regulation;
    (2) A regulatory interpretation or clarification; or
    (3) A determination made by the Administrator that a regulation 
should be modified or eliminated because it is:
    (i) No longer:
    (A) Consistent and clear;
    (B) Current with the operational realities of the motor carrier 
industry; or
    (C) Uniformly enforced.
    (ii) Ineffective; or
    (iii) Overly burdensome.
    Written or in writing means printed, handwritten, typewritten 
either on paper or other tangible medium, or by any method of 
electronic documentation such as electronic mail.


Sec.  389.7  [Amended]

0
3. Amend Sec.  389.7 by removing the term ``rule making'' and add the 
term ``rulemaking'' in its place.
0
4. Revise Sec.  389.13 to read as follows:


Sec.  389.13  Initiation of rulemaking

    (a) The Administrator initiates rulemaking on his/her own motion. 
However, in so doing, he/she may, in his/her discretion, consider the 
recommendations of his/her staff or other agencies of the United States 
or of other interested persons.
    (b) If a proposed rule regarding commercial motor vehicle safety is 
likely to lead to the promulgation of a major rule, the Administrator, 
before publishing such proposed rule, shall--
    (1) Issue an advance notice of proposed rulemaking that:
    (i) Identifies the need for a potential regulatory action;
    (ii) Identifies and requests public comment on the best available 
science or technical information relevant to analyzing potential 
regulatory alternatives;
    (iii) Requests public comment on the available data and costs with 
respect to regulatory alternatives reasonably likely to be considered 
as part of the rulemaking; and
    (iv) Requests public comment on available alternatives to 
regulation; or
    (2) Proceed with a negotiated rulemaking.
    (3) This paragraph does not apply to a proposed rule if the 
Administrator, for good cause, finds (and incorporates the finding and 
a brief statement of reasons for such finding in the proposed or final 
rule) that an advance notice of proposed rulemaking is impracticable, 
unnecessary, or contrary to the public interest.


Sec.  389.15   [Amended]

0
5. In Sec.  389.15, paragraph (a), remove the term ``rule making'' and 
add the term ``rulemaking'' in its place.
0
6. Revise Sec.  389.21 to read as follows:


Sec.  389.21  Submission of written comments.

    (a) You may submit comments identified by the docket number 
provided in the rulemaking document using any of the following methods. 
To avoid duplication, please use only one of these four methods.
    (1) Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the online instructions for submitting comments.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    (3) Hand Delivery or Courier: West Building, Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    (4) Fax: 202-493-2251.
    (b) All written comments must be submitted in English and include 
copies of any material that the commenter refers to within the comment.
0
7. Revise Sec.  389.29 to read as follows:


Sec.  389.29  Adoption of final rules.

    Final rules are prepared by representatives from all relevant 
offices of FMCSA. The final rule is then submitted to the Administrator 
for his/her consideration. If the Administrator adopts the rule, and 
once approved by the Office of the Management and Budget, if necessary, 
the final rule is published in the Federal Register, unless all persons 
subject to the final rule are named and personally served with a copy 
of it.
0
8. Revise Sec.  389.31 to read as follows:


Sec.  389.31  Petitions for rulemaking.

    (a) Any interested person may petition the Administrator to 
establish, amend, or withdraw a rule.
    (b) Each petition filed under this section must:
    (1) Be submitted in writing to the Administrator, Federal Motor 
Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 
20590-0001;
    (2) Set forth the text or substance of the rule or amendment 
proposed, or specify the rule that the petitioner seeks to have 
repealed, as the case may be;
    (3) Explain the interest of the petitioner in the action requested;
    (4) Contain any information, data, research studies, and arguments 
available to the petitioner to support the action sought.
0
9. In Sec.  389.39, redesignate paragraphs (c) and (d) as paragraphs 
(d) and (e), respectively, add new paragraph (c), and revise newly 
redesignated paragraphs (d) and (e) to read as follows:


Sec.  389.39  Direct final rulemaking procedures.

* * * * *
    (c) Extension of comment period. FMCSA will extend the comment 
period for a direct final rule if it receives a notice of intent to 
submit an adverse comment. Upon receipt of the comment, FMCSA will 
determine if it is an adverse comment or not.
    (d) Confirmation of effective date. FMCSA will publish a 
confirmation rule document in the Federal Register, if it has not 
received an adverse comment by the specified date in the direct final 
rule or any comment extension document. The confirmation rule document 
tells the public the effective date of the rule.
    (e) Withdrawal of a direct final rule. (1) If FMCSA receives an 
adverse

[[Page 36724]]

comment within the original or extended 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.

    Issued under authority delegated in 49 CFR 1.87 on: July 31, 
2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-16452 Filed 8-4-17; 8:45 am]
 BILLING CODE 4910-EX-P