Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 42833 

3According to the U.S. Department of Commerce, 

Bureau of Economic Analysis, the implicit price 

deflator for gross domestic product was indexed at 

92.106 in 1995 (the year of the Unfunded Mandates 

Reform Act) and 122.422 in 2008. See http:// 

www.bea.gov/national/nipaweb/ (Table 1.1.9). 

significant impact of a rule on small 

entities. Because this proposed rule 

simply adjusts the maximum amount of 

a CMP, and because the adjustment is 

required by the Inflation Adjustment 

Act, the Department certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 requires 

that agencies prepare a written 

statement, which includes an 

assessment of anticipated costs and 

benefits, before proposing ‘‘any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

$100,000,000 or more (adjusted 

annually for inflation) in any one year.’’ 

The current threshold after adjustment 

for inflation is $133 million, using the 

most current (2008) Implicit Price 

Deflator for the Gross Domestic 

Product.3 The Department does not 

expect this proposed rule to result in 

any 1-year expenditure that would meet 

or exceed this amount. 

List of Subjects in 42 CFR Part 3 

Administrative practice and 

procedure, Civil money penalty, 

Confidentiality, Conflict of interests, 

Courts, Freedom of information, Health, 

Health care, Health facilities, Health 

insurance, Health professions, Health 

records, Hospitals, Investigations, Law 

enforcement, Medical research, 

Organization and functions, Patient, 

Patient safety, Privacy, Privilege, Public 

health, Reporting and recordkeeping 

requirements, Safety, State and local 

governments, Technical assistance. 

For the reasons stated in the 

preamble, HHS proposes to amend part 

3 of title 42 of the Code of Federal 

Register as follows: 

PART 3—PATIENT SAFETY 

ORGANIZATIONS AND PATIENT 

SAFETY WORK PRODUCT 

1. The authority citation for part 3 

continues to read: 

Authority: 42 U.S.C. 216, 299b–21 through 

299b–26; 42 U.S.C. 299c–6. 

2. Amend § 3.404 by revising 

paragraph (b) to read as follows: 

§ 3.404 Amount of a civil money penalty. 

* * * * * 

(b) The Secretary may impose a civil 

money penalty in the amount of not 

more than $11,000. 

Dated: August 18, 2009. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. E9–20418 Filed 8–24–09; 8:45 am] 

BILLING CODE 4160–90–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 385 

[Docket No. FMCSA–2001–11061] 

RIN 2126–AB17 

New Entrant Safety Assurance 

Process: Implementation of Section 

210(b) of the Motor Carrier Safety 

Improvement Act of 1999 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM); request for 

comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

requests comment on the methods the 

Agency should consider implementing 

to provide further assurance that a new 

applicant carrier is knowledgeable about 

the applicable safety requirements 

before being granted New Entrant 

authority. We are considering whether 

to implement a proficiency examination 

as part of our revised New Entrant 

Safety Assurance Process and seek 

information concerning issues that 

should be considered in the 

development and use of such an 

examination. In addition, the Agency 

requests comments on other alternatives 

to a proficiency examination to 

complement the assurances already in 

place that new entrant carriers are 

knowledgeable about applicable safety 

requirements. This notice responds to 

issues raised by Advocates for Highway 

and Auto Safety (Advocates) regarding 

new entrant applicant knowledgeability. 

DATES: Send your comments on or 

before October 26, 2009. 

ADDRESSES: You may submit comments 

identified by FDMS Docket ID Number 

FMCSA–2001–11061 by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://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., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading 

under the SUPPLEMENTARY INFORMATION

caption of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of 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 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Johnson, New Entrant Program 

Specialist, (202) 366–0476, 

richard.johnson@dot.gov. Business 

hours are from 8 a.m. to 4:30 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

The Federal eRulemaking Portal 

(http://www.regulations.gov) is available 

24 hours each day, 365 days each year. 

You can get electronic submission and 

retrieval help and guidelines under the 

‘‘How to Use This Site’’ menu option. 

Comments received after the comment 

closing date will be included in the 

docket, and we will consider late 

comments to the extent practicable. 

Legal Basis for the Rulemaking 

Under 49 U.S.C. 31144, the Secretary 

of Transportation (Secretary) is required 

to determine whether a new motor 

vehicle owner or operator is fit to 

operate safely. Section 210(a) of the 

Motor Carrier Safety Improvement Act 

of 1999 [Pub. L. 106–159, 113 Stat. 

1764, December 9, 1999] (MCSIA) added 


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1MCSIA originally codified section 31144(g) as 

§ 31144(c) and directed that it be added at the end 

of 49 U.S.C. 31144 following preexisting 

subsections (c), (d), and (e). Section 4114(c)(1) of 

the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (Pub. 

L. 109–59, 119 Stat. 1144, August 10, 2005) 

(SAFETEA–LU) recodified this provision as 

§ 31144(g). 

2Section 210(b) is codified as a note to 49 U.S.C. 

31144. 

sec. 31144(g) 1 directing the Secretary to 

establish regulations to require each 

owner and operator granted New 

Entrant authority to undergo a safety 

review within 18 months of starting 

covered operations. In issuing these 

regulations, the Secretary was required 

to: (1) Establish the elements of the 

safety review, including basic safety 

management controls; (2) consider their 

effects on small businesses; and (3) 

consider establishing alternate locations 

where such reviews may be conducted 

for the convenience of small businesses. 

The Secretary was also required to 

phase in the new entrant safety review 

requirements in a manner that takes into 

account the availability of certified 

motor carrier safety auditors. The 

authority to establish such regulations 

has been delegated to FMCSA (49 CFR 

1.73(g)). 

Section 210(b) of MCSIA directed the 

Secretary to ensure applicants for New 

Entrant authority are knowledgeable 

about applicable Federal safety 

requirements before receiving operating 

authority. The Secretary was required to 

consider a proficiency examination, as 

well as other requirements, to ensure 

applicants understand applicable safety 

requirements before being granted 

operating authority.2

Congress mandated increased 

oversight of new entrants because 

studies indicated these operators had a 

much higher rate of non-compliance 

with basic safety management 

requirements and were subject to less 

oversight than established operators. 

In addition to expanding the 

Secretary’s authority under sec. 31144, 

sec. 210 of MCSIA was a specific 

statutory directive consistent with the 

more general pre-existing legal authority 

provided by the Motor Carrier Safety 

Act of 1984 (the 1984 Act) which 

requires the Secretary to prescribe 

regulations on commercial motor 

vehicle safety [Pub. L. 98–554, 98 Stat. 

2834, October 30, 1984]. The regulations 

required by the 1984 Act must prescribe 

minimum safety standards for 

commercial motor vehicles (CMVs). At 

a minimum, the regulations shall 

ensure: (1) CMVs are maintained, 

equipped, loaded, and operated safely; 

(2) the responsibilities imposed on 

operators of CMVs do not impair their 

ability to operate the vehicles safely; (3) 

the physical condition of operators of 

CMVs is adequate to enable them to 

operate the vehicles safely; and (4) the 

operation of CMVs does not have a 

deleterious effect on the physical 

condition of the operators (49 U.S.C. 

31136(a)). 

This ANPRM solicits information on 

how the Agency might further ensure 

that an applicant for the new entrant 

program is knowledgeable about 

applicable safety requirements before 

being granted New Entrant authority. As 

such, it responds to the sec. 31136(a)(1) 

mandate that FMCSA regulations ensure 

CMVs are maintained and operated 

safely. It does not propose any new 

operational responsibilities on drivers 

pursuant to sections 31136(a)(2)–(4). 

Background 

As discussed above, sec. 210 of 

MCSIA took a two-pronged approach to 

improving the safety performance of 

new entrant motor carriers. First, sec. 

210(a) amended 49 U.S.C. 31144 to 

require new entrant motor carriers to 

undergo a safety audit within the first 

18 months after beginning operations in 

interstate commerce. Second, sec. 210(b) 

directed the Secretary to initiate a 

rulemaking to establish minimum 

requirements for applicant motor 

carriers seeking new entrant registration 

to ensure applicant carriers are 

knowledgeable about applicable Federal 

motor carrier safety standards before 

being granted registration. The Secretary 

is required to ‘‘consider the 

establishment of a proficiency 

examination for applicant motor 

carriers, as well as other requirements,’’ 

to ensure applicant knowledgeability. 

2002 Interim Final Rule 

In response to the statutory mandate 

in MCSIA, on May 13, 2002, FMCSA 

published an interim final rule (IFR) 

titled ‘‘New Entrant Safety Assurance 

Process’’ (67 FR 31978), which became 

effective January 1, 2003. The Agency 

established a new application process 

for all new entrant motor carriers under 

its jurisdiction and domiciled in the 

United States and Canada. To receive 

permanent registration, these carriers 

must successfully complete an 18- 

month safety monitoring program, 

including a safety audit. 

In the IFR, the Agency did not require 

a proficiency examination as a method 

of ensuring that new entrant carriers 

were knowledgeable of the applicable 

safety requirements. Instead, FMCSA 

required applicants to certify, on Form 

MCS–150A—Safety Certification for 

Application for USDOT Number, that 

they were knowledgeable of the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) and Hazardous Materials 

Regulations (HMRs) and attest that they 

had procedures in place to achieve 

compliance with specified regulatory 

requirements, including driver 

qualifications, hours of service, drug 

and alcohol testing, and vehicle 

condition. The IFR also provided for an 

application package containing 

educational and technical assistance 

(ETA) materials regarding the applicable 

safety requirements. FMCSA decided 

not to require a proficiency examination 

because it believed that the ETA 

materials provided to prospective new 

entrants and the safety certifications on 

the required application forms would 

demonstrate that the new entrants 

understood applicable safety 

regulations. Further, the Agency noted 

its ability to confirm carrier knowledge 

of applicable regulations during the 

safety audit required by sec. 210(a) of 

MCSIA. 

2006 Notice of Proposed Rulemaking 

(NPRM) 

In an effort to make the New Entrant 

Safety Assurance Process more effective, 

the Agency convened a working group 

charged with reviewing and making 

specific recommendations for improving 

the process. To implement the working 

group’s recommendations, the Agency 

published an NPRM titled ‘‘New Entrant 

Safety Assurance Process’’ (71 FR 

76730) on December 21, 2006. In this 

NPRM, the Agency addressed 

compliance with the new entrant 

applicant knowledge requirements of 

sec. 210(b) of MCSIA with the following 

proposals: (1) Updating the ETA 

materials to better inform new entrants 

about applicable regulatory 

requirements and how to fully comply 

with these requirements; and (2) raising 

the standard of compliance for passing 

the new entrant safety audit. The 

Agency identified 11 regulations that 

are essential elements of basic safety 

management control necessary to 

operate in interstate commerce and 

proposed that failure to comply with 

any one of the 11 regulations would 

result in automatic failure of the audit. 

The current safety audit evaluation 

criteria in Appendix A of 49 CFR part 

385 would apply if there are no 

automatic failure violations. The 

Agency proposed to eliminate the Form 

MCS–150A requirement as ineffective. 

After careful consideration the Agency, 

based on the enhanced ETA materials 

and more stringent audit standards, 

concluded that a proficiency exam 

would not be necessary to achieve 

sufficient new entrant knowledgeability 


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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 42835 

of the applicable regulatory 

requirements. 

2008 Final Rule 

The Agency published a final rule on 

December 16, 2008 (73 FR 76472). 

FMCSA raised the standard of 

compliance for passing the new entrant 

safety audit as follows: 

• Adopted an automatic failure 

component for the safety audit. If a new 

entrant was found to have a single 

occurrence of any one of 16 identified 

regulatory violations which the Agency 

deems as essential elements of basic 

safety management controls necessary to 

operate in interstate commerce, it would 

automatically fail the safety audit. 

• Strengthened the safety monitoring 

element of the program by identifying 

seven incidents or regulatory violations 

which, if discovered during a roadside 

inspection or by any other means than 

the safety audit, would trigger expedited 

action against the new entrant by the 

Agency. 

• Eliminated the requirement to selfcertify to pre-operational knowledge of 

the Federal safety standards and 

discontinued the associated Form MCS– 

150A. 

• Proposed a new application process 

and safety monitoring system for motor 

carriers that are not domiciled in North 

America (the U.S., Canada, or Mexico). 

The final rule became effective on 

February 17, 2009 with a compliance 

date of December 16, 2009. 

2009 Petition for Reconsideration 

Advocates for Highway and Auto 

Safety (Advocates) filed a petition for 

reconsideration on January 15, 2009, 

alleging, in part, that the Agency failed 

to adequately address sec. 210(b). The 

Agency granted the portion of the 

petition related to sec. 210(b) and agreed 

to initiate a rulemaking to assess 

whether additional means are available 

to further ensure new entrant 

knowledgeability. A copy of the petition 

decision has been placed in the docket 

for this rulemaking. The Agency 

continues to review the other aspects of 

the petition. This notice responds to 

issues raised by Advocates regarding 

new entrant applicant knowledgeability. 

In addition, through this notice, the 

Agency demonstrates its commitment to 

obtaining data and comments from the 

public to facilitate a thorough and 

expeditious review intended to inform 

future regulatory decisions regarding 

sec. 210(b). 

Request for Information and Comments 

FMCSA publishes this notice to 

enable the Agency to continue to 

carefully explore the costs and benefits 

of proficiency examinations or other 

alternatives to address the statutory 

mandate of ensuring that new 

applicants are knowledgeable about 

applicable safety requirements. The 

Agency considered issuing a 

Supplemental Notice of Proposed 

Rulemaking (SNPRM) to further address 

the proficiency examination issue, but 

concluded that an SNPRM would delay 

implementation of enhancements to the 

safety audit component of the New 

Entrant Safety Assurance Process 

necessary to achieve greater motor 

carrier safety. We believe the public 

interest is better served by 

implementing these audit changes 

through the December 16, 2008, final 

rule and through this ANPRM will 

continue to give careful consideration to 

pre-operational carrier knowledgeability 

requirement in order to determine 

whether additional or alternative means 

are available to ensure new entrant 

knowledge. 

Therefore, FMCSA requests responses 

to the following issues and questions. 

Whenever possible, commenters should 

provide data in support of their 

responses. FMCSA recognizes that an 

individual commenter may choose to 

respond to all of the issues or only a 

subset, based on his or her area of 

expertise. 

1. Use of a Proficiency Examination 

a. Information on the feasibility of 

establishing a proficiency examination 

as a component of the New Entrant 

Safety Assurance Process; 

b. Information about analogous types 

of examinations used in the motor 

carrier or other industries that could 

serve as models for a New Entrant 

proficiency examination; 

c. Recommendations on preferred 

testing protocols; 

d. Recommendations on how the 

Agency should administer a proficiency 

examination for applicants for New 

Entrant authority; 

e. Recommendations on which motor 

carrier employees the Agency should 

require to take a proficiency exam, and 

the feasibility of motor carriers retaining 

those employees through the duration of 

the New Entrant Safety Assurance 

Program; 

f. Information on the costs involved to 

develop, maintain, implement and 

administer a proficiency examination; 

g. Information on anticipated impacts 

on new entrants if the Agency requires 

a proficiency examination as a 

condition to receiving new entrant 

authority and beginning operations; 

h. Information on how, and to what 

degree, a proficiency examination 

would increase carrier knowledge of 

applicable regulations; 

i. Information on whether, and if so, 

how the increase in knowledge of 

applicable regulations brought about by 

the proficiency exam itself would lead 

to improved motor carrier safety; 

j. Other general comments related to 

establishing a proficiency examination 

as a component of the New Entrant 

Safety Assurance Process; and 

k. Information regarding the particular 

needs of small entities in establishing an 

assurance process. 

2. Other Recommended Alternatives 

a. Ideas on how the Agency can 

ensure an applicant carrier is 

knowledgeable about the applicable 

safety requirements before being granted 

New Entrant authority and beginning 

operations other than through a 

proficiency examination; 

b. Information on estimated costs to 

create, maintain, and administer the 

recommended alternative to ensure 

applicant knowledge; 

c. Information on alternative 

approaches to the regulation that would 

reduce the impact on small entities; 

d. Information on anticipated impacts 

to new entrants if the Agency 

recommends the alternative; and 

e. Other general comments on the 

recommended alternatives. 

All comments received before the 

close of business on the comment 

closing date indicated at the beginning 

of this notice will be considered and 

will be available for examination in the 

docket at the location listed under the 

ADDRESSES caption of this notice. 

Comments received after the comment 

closing date will be included in the 

docket, and we will consider late 

comments to the extent practicable. In 

addition to late comments, FMCSA will 

also continue to file, in the public 

docket, relevant information that 

becomes available after the comment 

closing date. Interested persons should 

continue to examine the public docket 

for new material. 

Regulatory Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

In this ANPRM, FMCSA is soliciting 

information on what methods the 

Agency might implement, as 

alternatives or in addition to those 

already in place, to further ensure that 

a new applicant carrier is 

knowledgeable about the applicable 

safety requirements before being granted 

New Entrant authority. FMCSA has 

preliminarily determined this ANPRM 


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42836 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 

is a significant regulatory action within 

the meaning of Executive Order 12866 

and the U.S. Department of 

Transportation’s regulatory policies and 

procedures (DOT Order 2100.5 dated 

May 22, 1980; 44 FR 11034, February 

26, 1979). FMCSA believes that a notice 

relating to new entrant motor carrier 

requirements may generate considerable 

public interest and therefore is 

significant. This notice requests 

comments on a narrow set of issues and 

is a highly preliminary part of a 

continuing process to inform future 

regulatory decisions concerning carrier 

knowledgeability under the New 

Entrant Safety Assurance Process. The 

potential economic impact of actions 

FMCSA may implement as a result of 

this ANPRM is not known at this time. 

Therefore, a full regulatory evaluation 

has not yet been prepared. The Agency 

intends to use the information collected 

from comments to this docket to 

determine whether a notice of proposed 

rulemaking should be developed, and, if 

necessary, a full regulatory evaluation is 

appropriate. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) requires federal 

agencies to assess the potential impacts 

of their regulatory proposals on small 

entities and to consider less 

burdensome alternatives. However, 

because this rulemaking is still at a 

preliminary stage, the RFA does not yet 

apply. However, FMCSA is still 

interested in understanding how the 

potential regulatory changes could 

impact small entities. Accordingly, 

FMCSA solicits comments, information, 

and data on how these potential changes 

would impact small entities and what 

alternative approaches would minimize 

any significant impacts to small entities. 

Privacy Impact Analysis 

Due to the preliminary nature of this 

document and the fact that it proposes 

no regulatory changes, FMCSA is unable 

at this time to complete a privacy 

impact assessment as required by 

Section 522(a)(5) of the FY 2005 

Omnibus Appropriations Act, Public 

Law 108–447, div. H, 118 Stat. 2809, 

3268 (Dec. 8, 2004) [set out as a note to 

5 U.S.C. 552a]. 

If FMCSA proposes regulatory 

changes as a result of this ANPRM, the 

Agency would complete the required 

analyses. 

Unfunded Mandates Reform Act of 1995 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding to determine whether it 

would result in the expenditure by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$141.3 million or more in any one year, 

as required by the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1532). 

Executive Order 12988 (Civil Justice 

Reform) 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding to determine whether it 

would meet applicable standards in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Executive Order 13045 (Protection of 

Children) 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding to determine whether it 

would concern an environmental risk to 

health or safety that may 

disproportionately affect children under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. 

Executive Order 12630 (Taking of 

Private Property) 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding to determine whether it 

would effect a taking of private property 

or otherwise have taking implications 

under Executive Order 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

Executive Order 13132 (Federalism) 

FMCSA asks for comments from State 

and local officials about the issues in 

this ANPRM. FMCSA will analyze any 

action implemented in subsequent 

phases of this proceeding using the 

principles and criteria contained in 

Executive Order 13132. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501–3520), FMCSA 

must obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information it conducts, 

sponsors, or requires through 

regulations. 

The Agency is not yet in a position to 

analyze fully any potential action it may 

initiate that may fall within the scope of 

the Paperwork Reduction Act. If FMCSA 

proposes any information collection 

requirements as a result of this ANPRM, 

the Agency would seek the necessary 

approval from OMB. 

National Environmental Policy Act 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding for the purposes of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321, et seq.) to 

determine whether the action would 

affect the quality of the environment. 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding 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. 

Executive Order 12898 (Environmental 

Justice) 

FMCSA will evaluate the 

environmental effects of any action 

implemented in subsequent phases of 

this proceeding in accordance with 

Executive Order 12898 to determine if 

there are environmental justice issues 

associated with its provisions or any 

collective environmental impact 

resulting from its promulgation. 

Environmental justice issues would be 

raised if there were ‘‘disproportionate’’ 

and ‘‘high and adverse impact’’ on 

minority or low-income populations. 

Executive Order 13211 (Energy Effects) 

FMCSA will analyze any action 

implemented in subsequent phases of 

this proceeding under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use, to determine 

whether the action would be a 

‘‘significant energy action’’ under that 

Executive Order. 

List of Subjects in 49 CFR Part 385 

Administrative practice and 

procedure, Highway safety, Motor 

carriers, Motor vehicle safety, Reporting 

and recordkeeping requirements. 

Issued on: August 19, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–20393 Filed 8–24–09; 8:45 am] 

BILLING CODE 4910–EX–P 


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