1、332 49 CFR Ch. III (10110 Edition) 389.39 he/she may provide such opportunity to submit comment or information and data as he/she deems appropriate. Whenever the Administrator deter-mines that a petition should be granted or denied, he/she prepares a notice of the grant or denial of a petition for r
2、e-consideration, for issuance to the peti-tioner, and issues it to the petitioner. The Administrator may consolidate pe-titions relating to the same rule. 35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988 389.39 Direct final rulemaking proce-dures A direct final rule makes regulator
3、y changes and states that those changes will take effect on a specified date un-less FMCSA receives an adverse com-ment or notice of intent to file an ad-verse comment by the date specified in the direct final rule published in the FEDERAL REGISTER. (a) Types of actions appropriate for di-rect final
4、 rulemaking. Rules that the Ad-ministrator determines to be non-con-troversial and unlikely to result in ad-verse public comments may be pub-lished in the final rule section of the FEDERAL REGISTER as direct final rules. These include non-controversial rules that: (1) Make non-substantive clarifica-
5、tions or corrections to existing rules; (2) Incorporate by reference the lat-est 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
6、(5) Make minor changes to rules re-garding statistics and reporting re-quirements, such as a change in report-ing period (for example, from quarterly to annually) or eliminating a type of data collection no longer necessary. (b) Adverse comment. An adverse com-ment is a comment that FMCSA judges to
7、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 comme
8、nter 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 rules policy or requirements should or should not be extended to other Agency programs outside the scope of the rule; (3) Comments in support of
9、the rule; or (4) Comments requesting clarifica-tion. (c) Confirmation of effective date. FMCSA will publish a confirmation rule document in the FEDERAL REG-ISTER, 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.
10、The confirma-tion 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 com-ment period, it will publish a rule doc-ument in the FEDERAL REGISTER, be-f
11、ore the effective date of the direct final rule, advising the public and with-drawing the direct final rule. (2) If FMCSA withdraws a direct final rule because of an adverse comment, the Agency may issue a notice of pro-posed rulemaking if it decides to pur-sue the rulemaking. 75 FR 29916, May 28, 2
12、010 PART 390FEDERAL MOTOR CAR-RIER SAFETY REGULATIONS; GEN-ERAL Subpart AGeneral Applicability and Definitions Sec. 390.1 Purpose. 390.3 General applicability. 390.5 Definitions. 390.7 Rules of construction. Subpart BGeneral Requirements and Information 390.9 State and local laws, effect on. 390.11
13、Motor carrier to require observance of driver regulations. 390.13 Aiding or abetting violations. 390.15 Assistance in investigations and spe-cial studies. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProv
14、ided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-333 Federal Motor Carrier Safety Administration, DOT 390.3 390.16 Reserved 390.17 Additional equipment and acces-sories. 390.19 Motor carrier, hazardous material shipper, and intermodal equipment pro-vider
15、identification reports. 390.21 Marking of self-propelled CMVs and intermodal equipment. 390.23 Relief from regulations. 390.25 Extension of relief from regulations emergencies. 390.27 Locations of motor carrier safety service centers. 390.29 Location of records or documents. 390.31 Copies of records
16、 or documents. 390.33 Commercial motor vehicles used for purposes other than defined. 390.35 Certificates, reports, and records: Falsification, reproduction, or alter-ation. 390.37 Violation and penalty. Subpart CRequirements and Information for Intermodal Equipment Providers and for Motor Carriers
17、Operating Inter-modal Equipment 390.40 What responsibilities do intermodal equipment providers have under the Fed-eral Motor Carrier Safety Regulations (49 CFR parts 350399)? 390.42 What are the responsibilities of driv-ers and motor carriers operating inter-modal equipment? 390.44 What are the proc
18、edures to correct the safety record of a motor carrier or an intermodal equipment provider? 390.46 Are State and local laws and regula-tions on the inspection, repair, and main-tenance of intermodal equipment pre-empted by the Federal Motor Carrier Safety Regulations? AUTHORITY: 49 U.S.C. 508, 13301
19、, 13902, 31132, 31133, 31136, 31144, 31151, 31502, 31504; sec. 204, Pub. L. 10488, 109 Stat. 803, 941 (49 U.S.C. 701 note); sec. 114, Pub. L. 103311, 108 Stat. 1673, 1677; sec. 212, 217, 229, Pub. L. 106159, 113 Stat. 1748, 1766, 1767, 1773; sec. 4136, Pub. L. 10959, 119 Stat. 1144, 1745 and 49 CFR
20、1.73. SOURCE: 53 FR 18052, May 19, 1988, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 390 appear at 66 FR 49873, Oct. 1, 2001. Subpart AGeneral Applicability and Definitions 390.1 Purpose. This part establishes general applica-bility, definitions, general require-ments and in
21、formation as they pertain to persons subject to this chapter. 390.3 General applicability. (a) The rules in subchapter B of this chapter are applicable to all employ-ers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce. (b) The rules in part 38
22、3, Commercial Drivers License Standards; Require-ments and Penalties, are applicable to every person who operates a commer-cial motor vehicle, as defined in 383.5 of this subchapter, in interstate or intrastate commerce and to all em-ployers of such persons. (c) The rules in part 387, Minimum Levels
23、 of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in 387.3 or 387.27 of this subchapter. (d) Additional requirements. Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requring and enforcing more stringent requirements
24、 relating to safety of oper-ation and employee safety and health. (e) Knowledge of and compliance with the regulations. (1) Every employer shall be knowledgeable of and comply with all regulations contained in this sub-chapter which are applicable to that motor carriers operations. (2) Every driver
25、and employee shall be instructed regarding, and shall com-ply with, all applicable regulations contained in this subchapter. (3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in
26、this subchapter. (f) Exceptions. Unless otherwise spe-cifically provided, the rules in this sub-chapter do not apply to (1) All school bus operations as de-fined in 390.5; (2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency establish
27、ed under a compact be-tween States that has been approved by the Congress of the United States; (3) The occasional transportation of personal property by individuals not for compensation nor in the further-ance of a commercial enterprise; (4) The transportation of human corpses or sick and injured p
28、ersons; VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-334 49 CFR Ch. III (10110 Edition) 390.5 (5) The oper
29、ation of fire trucks and rescue vehicles while involved in emer-gency and related operations; (6) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the
30、 definition of a commercial motor vehicle, except that motor carriers operating such ve-hicles are required to comply with 390.15, 390.19, and 390.21(a) and (b)(2). (7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heat-ing fuel or a driver of a
31、 motor vehicle used to respond to a pipeline emer-gency, if such regulations would pre-vent the driver from responding to an emergency condition requiring imme-diate response as defined in 390.5. (g) Motor carriers that transport haz-ardous materials in intrastate commerce. The rules in the followin
32、g provisions of subchapter B of this chapter apply to motor carriers that transport haz-ardous materials in intrastate com-merce and to the motor vehicles that transport hazardous materials in intra-state commerce: (1) Part 385, subparts A and E, for carriers subject to the requirements of 385.403 o
33、f this chapter. (2) Part 386, Rules of practice for motor carrier, broker, freight for-warder, and hazardous materials pro-ceedings, of this chapter. (3) Part 387, Minimum Levels of Fi-nancial Responsibility for Motor Car-riers, to the extent provided in 387.3 of this chapter. (4) Section 390.19, Mo
34、tor carrier iden-tification report, and 390.21, Marking of CMVs, for carriers subject to the re-quirements of 385.403 of this chapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from 390.19(a)(1). (h) Intermodal equipment providers. On and after December 17, 2009, the
35、 rules in the following provisions of sub-chapter B of this chapter apply to intermodal equipment providers: (1) Subpart F, Intermodal Equipment Providers, of Part 385, Safety Fitness Procedures. (2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwar
36、der, and Hazardous Materials Proceedings. (3) Part 390, Federal Motor Carrier Safety Regulations; General, except 390.15(b) concerning accident reg-isters. (4) Part 393, Parts and Accessories Necessary for Safe Operation. (5) Part 396, Inspection, Repair, and Maintenance. 53 FR 18052, May 19, 1988,
37、as amended at 54 FR 12202, Mar. 24, 1989; 58 FR 33776, June 21, 1993; 59 FR 8752, Feb. 23, 1994; 59 FR 67554, Dec. 29, 1994; 62 FR 1296, Jan. 9, 1997; 63 FR 33276, June 18, 1998; 64 FR 48516, Sept. 3, 1999; 66 FR 2766, Jan. 11, 2001; 68 FR 47875, Aug. 12, 2003; 69 FR 39372, June 30, 2004; 72 FR 3679
38、0, July 5, 2007; 73 FR 76820, Dec. 17, 2008; 75 FR 5002, Feb. 1, 2010 EFFECTIVE DATE NOTE: At 75 FR 59135, Sept. 27, 2010, 390.3 was amended by revising paragraph (f)(1) and (6), effective October 27, 2010. For the convenience of the user, the re-vised text is set forth as follows: 390.3 General app
39、licability. * * * * * (f) * * * (1) All school bus operations as defined in 390.5 except for the provisions of 391.15(e) and 392.80; * * * * * (6) The operation of commercial motor ve-hicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation
40、, provided the ve-hicle does not otherwise meet the definition of a commercial motor vehicle except for the texting provisions of 391.15(e) and 392.80, and except that motor carriers operating such vehicles are required to comply with 390.15, 390.19, and 390.21(a) and (b)(2). * * * * * 390.5 Definit
41、ions. Unless specifically defined elsewhere, in this subchapter: Accident means (1) Except as provided in paragraph (2) of this definition, an occurrence in-volving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; VerDate Mar201
42、0 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-335 Federal Motor Carrier Safety Administration, DOT 390.5 (ii) Bodily inju
43、ry to a person who, as a result of the injury, immediately re-ceives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles in-curring disabling damage as a result of the accident, requiring the motor vehi-cle(s) to be transported away from the scene by a tow truc
44、k or other motor vehicle. (2) The term accident does not in-clude: (i) An occurrence involving only boarding and alighting from a sta-tionary motor vehicle; or (ii) An occurrence involving only the loading or unloading of cargo. Alcohol concentration (AC) means the concentration of alcohol in a pers
45、ons blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Bus means any motor vehicle de-signed, constructed, and or used for the transportation of passengers, including taxicabs. Business district means t
46、he territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, includ-ing but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectiv
47、ely on both sides of the highway. Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single con-tract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel to-gethe
48、r under an itinerary either speci-fied in advance or modified after hav-ing left the place of origin. Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate com-merce to transport passengers or prop-erty when the vehicle (1) Has a gross vehicle weigh
49、t rating or gross combination weight rating, or gross vehicle weight or gross combina-tion weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport pas-sengers for compensation; or (4) Is used in transporting
