§ 385.17 Change to safety rating based on corrective actions.

(a) AWithin requestthe for45-day aperiod changespecified in a§ safety385.11(d), or at any time after a rating mayhas bebecome madefinal, whena themotor basiscarrier formay therequest a change isto a proposed or final safety rating based on evidence that corrective actions have been taken and that its operations currently meet the safety fitness standard and factors specified in § 385.59.
(b) TheA request shallfor a change must be directedmade, in writing, via certified mail, to the Regional Director, Office of Motor Carriers, for the FHWA Region in which the motor carrier maintains its principal place of business, forand safety.must The Regional Office addresses are listed in § 390.27 of this subchapter. Such a request shall include a written description of corrective actions taken and other documentation that may be relied upon as a basis for improvingthe requested change to the assignedproposed rating.
(bc) The FHWAfinal willdetermination makeon itsthe determinationrequest for change will be based upon the documentation submitted orand any additional investigation deemed necessary.
(cd) InThe casesfiling whereof thea FHWArequest isfor unablechange to make a determinationproposed withinrating under this section does not stay the 45-day period established in § 385.1311(d), andafter which a proposed safety rating becomes final. If the motor carrier has submitted evidence that corrective actions have been taken pursuant to paragraphthis (section and a) offinal thisdetermination sectioncannot be made within the 45-day period, andthe period before the proposed safety rating becomes effective may be extended for up to 10 days at the discretion of the Regional Director.
(e) If it is determined that the motor carrier has cooperatedtaken the corrective actions required and that its operations currently meet the safety standard and factors specified in any§ investigation385.9, the FHWAmotor maycarrier conditionallywill suspendbe provided with written notification that the effectiveproposed daterating ofwill not be assigned, or, if already assigned, rescinded.
(f) If it is determined that the “unsatisfactory”motor carrier has not taken all the corrective actions required or that its operations still fail to meet the safety standards and factors specified in § § 385.5 and 385.7, the motor carrier shall be provided with written notification that its request has been denied and that the proposed safety rating will become final pursuant to § 385.11(d), or that a safety rating currently in effect will not be changed.
(g) Any motor carrier whose request for anchange additionalis perioddenied pursuant to paragraph (f) of upthis section may petition for administrative review pursuant to § 10385.15 within 45 days.
[56 FRof 40806,the Augdenial of the request for rating change. 16,If 1991the proposed rating has become final, asit amendedshall atremain 61in effect during the period of any administrative review unless stayed by the reviewing official.
[62 FR 184360043, JanNov. 246, 19961997]