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Current textSource: eCFR

§ 389.3 Definitions.

Current wording, effective November 17, 2023.

eCFR (current) ↗
What changedOct. 1, 1996 wording → Nov. 17, 2023 wording (current)+294 added−63 removedHide

Act means 49statutes granting the Secretary authority to regulate motor carrier safety or commercial activity.
Administrator means the Federal Motor Carrier Safety Administrator.
Confidential business information means trade secrets or commercial or financial information that is privileged or confidential, as described in 5
U.S.C. 104,552(b)(4). 501Commercial etor seq.,financial 3101information etis seqconsidered confidential if it was voluntarily submitted and is the type of information that is customarily not released to the general public by the person or entity from whom it was obtained.,
Major
rule means—
(1) Any rule that
the MotorAdministrator Carrierof Actthe Office of 1980,Information and Regulatory Affairs of the MotorOffice Carrierof SafetyManagement Actand Budget finds has resulted in or is likely to result in:
(i) An annual effect on the economy
of 1984$100,000,000 theor Commercialmore;
(ii)
MotorA Vehiclemajor Safetyincrease Actin ofcosts 1986or prices for consumers, theindividual Busindustries, Regulatorygeographic Reformregions, Actor ofFederal, 1982State, or local government agencies; or
(iii) Significant adverse effects on competition, employment, investment, productivity, innovation, or on
the Noiseability Controlof United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
(2) The term does not include any rule promulgated under the Telecommunications
Act of 19721996 and the amendments made by that Act.
AdministratorPetition means thea Federalrequest Highwayfor:
(1)
Administrator.A new regulation;
Rule(i) includesA anyregulatory orderinterpretation or clarification; or
(ii) A determination made by the Administrator that a
regulation issuedshould underbe modified or eliminated because it is:
(A) No longer:
(1) Consistent and clear;
(2) Current with
the Actoperational realities of the motor carrier industry; or
(3) Uniformly enforced;
(B) Ineffective; or
(C) Overly burdensome
.
Written or in writing means printed, handwritten, typewritten either on paper or other tangible medium, or by any method of electronic documentation such as electronic mail.
[3562 FR 920937152, JuneJuly 1211, 19701997, as amended at 5180 FR 1262132864, AprJune 10, 2015; 85 FR 86848, Dec. 1431, 19862020; 5388 FR 203680183, JanNov. 2617, 19882023]

Act means statutes granting the Secretary authority to regulate motor carrier safety or commercial activity.

Administrator means the Federal Motor Carrier Safety Administrator.

Confidential business information means trade secrets or commercial or financial information that is privileged or confidential, as described in 5 U.S.C. 552(b)(4). Commercial or financial information is considered confidential if it was voluntarily submitted and is the type of information that is customarily not released to the general public by the person or entity from whom it was obtained.

Major rule means—

(1) Any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in:

(i) An annual effect on the economy of $100,000,000 or more;

(ii) A major increase in costs or prices for consumers, individual industries, geographic regions, or Federal, State, or local government agencies; or

(iii) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

(2) The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.

Petition means a request for:

(1) A new regulation;

(i) A regulatory interpretation or clarification; or

(ii) A determination made by the Administrator that a regulation should be modified or eliminated because it is:

(A) No longer:

(1) Consistent and clear;

(2) Current with the operational realities of the motor carrier industry; or

(3) Uniformly enforced;

(B) Ineffective; or

(C) Overly burdensome.

Written or in writing means printed, handwritten, typewritten either on paper or other tangible medium, or by any method of electronic documentation such as electronic mail.

[62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015; 85 FR 86848, Dec. 31, 2020; 88 FR 80183, Nov. 17, 2023]

Amendment history

8 distinct wordings on file since Oct. 1, 1996
  1. [62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015; 85 FR 86848, Dec. 31, 2020; 88 FR 80183, Nov. 17, 2023]
  2. [62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015; 85 FR 86848, Dec. 31, 2020]
  3. [62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015]
  4. [62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015]
  5. [62 FR 37152, July 11, 1997, as amended at 80 FR 32864, June 10, 2015]
  6. [62 FR 37152, July 11, 1997]
  7. [62 FR 37152, July 11, 1997]
  8. [35 FR 9209, June 12, 1970, as amended at 51 FR 12621, Apr. 14, 1986; 53 FR 2036, Jan. 26, 1988]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.