§ 385.17 Change to safety rating based upon corrective actions.

(a) WithinA motor carrier that has taken action to correct the 45-daydeficiencies periodthat specifiedresulted in §a 385.11(d),proposed or atfinal anyrating timeof after“conditional” or “unsatisfactory” may request a rating haschange becomeat final,any atime.
(b) A motor carrier maymust make this request ain changewriting to athe proposedFMCSA orService finalCenter safetyfor ratingthe basedgeographic onarea evidencewhere thatthe correctivecarrier actionsmaintains haveits beenprincipal takenplace andof thatbusiness. itsThe operationsaddresses currentlyand meetgeographical theboundaries safetyof standardthe andService factorsCenters specifiedare listed in § 390.27 385of this chapter.9.
(bc) AThe requestmotor forcarrier a change must bebase made,its inrequest writing,upon toevidence thethat Regionalit Director,has Officetaken ofcorrective Motoractions Carriers,and forthat theits FHWAoperations Regioncurrently inmeet which the carriersafety maintainsstandard itsand principalfactors placespecified ofin business,§§ 385.5 and 385.7. The request must include a written description of corrective actions taken, and other documentation thatthe maycarrier bewishes reliedthe uponFMCSA asto consider.
(d) The FMCSA will make a basisfinal fordetermination on the requestedrequest for change tobased upon the proposeddocumentation ratingthe motor carrier submits, and any additional relevant information.
(ce) The FMCSA will perform reviews of requests made by motor carriers with a proposed or final determination“unsatisfactory” onsafety rating in the following time periods after the motor carrier's request:
(1) Within 30 days for changemotor willcarriers betransporting basedpassengers uponin theCMVs documentationor submittedplacardable andquantities anyof additionalhazardous investigationmaterials.
(2) deemedWithin necessary45 days for all other motor carriers.
(df) The filing of a request for change to a proposed or final safety rating under this section does not stay the 45-day period establishedspecified in §  385.1113(da),(1) afterfor whichmotor acarriers proposedtransporting safetypassengers ratingor becomeshazardous finalmaterials. If the motor carrier has submitted evidence that corrective actions have been taken pursuant to this section and athe finalFMCSA determination cannot bemake madea final determination within the 45-day period, the period before the proposed safety rating becomes effectivefinal may be extended for up to 10 days at the discretion of the Regional DirectorFMCSA.
(eg) IfThe itFMCSA ismay determinedallow thata the motor carrier haswith takena theproposed correctiverating actionsof required“unsatisfactory” and(except thatthose itstransporting operationspassengers currentlyin meetCMVs theor safetyplacardable standardquantities andof factorshazardous materials) to continue to operate in interstate commerce for up to 60 days beyond the 60 days specified in §the 385.9proposed rating, if the FMCSA determines that the motor carrier willis bemaking provideda withgood writtenfaith notificationeffort thatto improve its safety status. This additional period would begin on the proposed61st ratingday willafter notthe bedate assigned,of or,the ifnotice alreadyof assigned,the rescindedproposed “unsatisfactory” rating.
(fh) If itthe isFMCSA determineddetermines that the motor carrier has not taken all the corrective actions required orand that its operations stillcurrently fail to meet the safety standardsstandard and factors specified in § §  385.5 and 385.7, the motoragency carrierwill shallnotify bethe providedmotor withcarrier writtenin notificationwriting thatof its requestupgraded hassafety beenrating.
(i) deniedIf andthe FMCSA determines that the proposedmotor safetycarrier ratinghas willnot becometaken finalall pursuantthe tocorrective §actions 385.11(d)required, or that aits operations still fail to meet the safety ratingstandard currentlyand factors specified in effect§§ 385.5 and 385.7, the agency will notnotify bethe changedmotor carrier in writing.
(gj) Any motor carrier whose request for change is denied pursuantin toaccordance with paragraph (fi) of this section may petitionrequest for administrative review pursuantunder to §the procedures of § 385.15. The motor carrier must make the request within 4590 days of the denial of the request for a rating change. If the proposed rating has become final, it shall remain in effect during the period of any administrative review unless stayed by the reviewing official.
[6265 FR 6004350935, NovAug. 622, 19972000]