37654 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

motor carrier’s principal place of 

business is a physical location where 

the motor carrier conducts a significant 

portion of its business and maintains 

company records and where 

management reports to work. In many 

instances, the principal place of 

business identified by a motor carrier 

will be the location where FMCSA 

conducts a safety audit or compliance 

review pursuant to part 385. For this 

reason, it is necessary to emphasize that 

the definition of ‘‘principal place of 

business’’ has always required that a 

motor carrier designate a single physical 

location operated, controlled, or owned 

by the motor carrier where the carrier 

conducts operations relating to the 

transportation of persons or property 

and where some if not all of the records 

required by parts 382, 387, 390, 391, 

395, 396 and 397 are regularly 

maintained. It has long been understood 

that the principal place of business is 

the location designated by the motor 

carrier for the purpose of managing and 

administering its safety and regulatory 

compliance programs. Activities 

conducted at the principal place of 

business include oversight, retention, 

and retrieval of records required to be 

maintained by the FMCSRs. 

Regulatory Guidance 

PART 390—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS; 

GENERAL 

Sections Interpreted 

Section 390.5 Definitions 

Question: What location may a motor 

carrier designate as its ‘‘principal place 

of business’’? 

Guidance: In instances where a motor 

carrier has more than one terminal or 

office, the regulations do not explicitly 

place a restriction on which location a 

motor carrier may designate as its 

principal place of business. The 

definition states that such a location is 

‘‘normally’’ the carrier’s headquarters; 

the rule does not require motor carriers 

to use the company’s corporate 

headquarters as its principal place of 

business. However, motor carriers are 

limited to using an actual place of 

business of the motor carrier. Moreover, 

a motor carrier may designate as its 

principal place of business only 

locations that contain offices of the 

motor carrier’s senior-most management 

executives, management officials or 

employees responsible for the 

administration, management and 

oversight of safety operations and 

compliance with the FMCSRs and 

Hazardous Materials Regulations. In 

determining its principal place of 

business a motor carrier must consider 

the following factors: (a) The relative 

importance of the activities performed 

at each location, and, if this factor is not 

determinative, then (b) time spent at 

each location by motor carrier 

management or corporate officers. 

FMCSA authorized representatives 

will use the above two factors in 

determining whether a motor carrier has 

designated an appropriate location as its 

principal place of business. In addition, 

FMCSA may also consider whether the 

location is operated, controlled or 

owned by the motor carrier, whether 

operations relating to the transportation 

of persons or property regularly take 

place at the designated location, 

whether any of the employees of the 

motor carrier regularly report to the 

location for duty, whether any leased or 

owned vehicles of the company are 

maintained on the premises, and 

whether any of the records required by 

parts 382, 387, 390, 391, 395, 396 and 

397 are maintained on the premises. In 

the event a carrier does not designate a 

qualifying location as its principal place 

of business, FMCSA may initiate 

appropriate enforcement action or take 

action regarding the carrier’s USDOT 

registration. 

A motor carrier with multiple 

business locations may maintain some 

records at locations of the motor carrier 

other than, or in addition to, its 

principal place of business. However, 

after a request has been made by an 

FMCSA authorized representative, a 

motor carrier with multiple business 

locations must make records required by 

parts 382, 387, 390, 391, 395, 396 and 

397 available for inspection at the 

principal place of business or other 

location specified by the special agent 

or authorized representative within 48 

hours. Pursuant to § 390.29, ‘‘Saturdays, 

Sundays, and Federal holidays are 

excluded from the computation of the 

48-hour period of time.’’ A motor carrier 

with a single business location must 

make records required by parts 382, 387, 

390, 391, 395, 396 and 397 available 

upon request. 

A motor carrier may not designate as 

its principal place of business any 

location where the motor carrier is not 

engaged in business operations related 

to the transportation of persons or 

property. For example, post office box 

centers or commercial courier service 

establishments that receive and hold 

mail or packages for third party pickup 

may not be designated a ‘‘principal 

place of business’’ (other than by the 

courier service provider itself). A motor 

carrier may not designate the office of a 

consultant, service agent, or attorney as 

the motor carrier’s principal place of 

business if the motor carrier is not 

engaged in operations related to the 

transportation of persons or property at 

that location. 

Question: May a motor carrier with a 

single business location, including a 

private residence, designate a different 

location as its ‘‘principal place of 

business’’? 

Guidance: No. The definition of 

‘‘principal place of business’’ in 49 CFR 

390.5 allows a carrier with multiple 

terminals or offices to designate a single 

terminal or office as its primary 

business location for identification 

purposes. Consistent with this 

definition, a motor carrier with a single 

place of business may designate only its 

actual place of business as the 

‘‘principal place of business.’’ 

Notwithstanding this restriction, a 

motor carrier and an authorized 

representative of FMCSA may agree that 

a compliance review or other 

investigation of a motor carrier will be 

conducted at a mutually acceptable 

location other than the motor carrier’s 

principal place of business. 

Issued on: July 24, 2009. 

Terry Shelton, 

Acting Chief Safety Officer. 

[FR Doc. E9–18142 Filed 7–28–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ57 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shortraker Rockfish 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of shortraker rockfish in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2009 total allowable catch (TAC) of 

shortraker rockfish in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 26, 2009, through 2400 

hrs, A.l.t., December 31, 2009. 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37655 

FOR FURTHER INFORMATION CONTACT: 

Patty Britza, 907–586–7376. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2009 TAC of shortraker rockfish 

in the Western Regulatory Area of the 

GOA is 120 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2009 TAC of 

shortraker rockfish in the Western 

Regulatory Area of the GOA has been 

reached. Therefore, NMFS is requiring 

that shortraker rockfish caught in the 

Western Regulatory Area of the GOA be 

treated as prohibited species in 

accordance with § 679.21(b). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the prohibition of retention of 

shortraker rockfish in the Western 

Regulatory Area of the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of July 23, 2009. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 24, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–18065 Filed 7–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XQ58 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish 

and Pelagic Shelf Rockfish for Trawl 

Catcher Vessels Participating in the 

Entry Level Rockfish Fishery in the 

Central Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for northern rockfish and pelagic 

shelf rockfish (PSR) for trawl catcher 

vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2009 allocation of 

northern rockfish and PSR allocated to 

trawl catcher vessels participating in the 

entry level rockfish fishery in the 

Central Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 24, 2009, through 1200 

hrs, A.l.t., September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2009 allocations of northern 

rockfish and PSR for vessels 

participating in the entry level trawl 

fishery Central District of the GOA are 

0 metric tons as established by the final 

2009 and 2010 harvest specifications for 

groundfish in the GOA (74 FR 7333, 

February 17, 2009). 

Consequently, in accordance with 

§ 679.83(a)(3), the Administrator, Alaska 

Region, NMFS, deems it appropriate for 

conservation and management purposes 

to not open directed fishing for northern 

rockfish and PSR for trawl catcher 

vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area of the GOA, because 

there is no available allocation for a 

directed fishery. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA (AA) 

finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553 (b)(B) as such requirement is 

impracticable and contrary to the public 

interest. Notice and comment is 

unnecessary because there is no 

available fish for an allocation and 

therefore the Regional Administrator 

has no discretion for any action other 

than to prohibit directed fishing. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.83 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 24, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–18066 Filed 7–24–09; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on DSKD5P82C1PROD with RULES