[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Page 43576]
[FR Doc No: 2021-17001]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, August 12, 2021.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: August 5, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-17001 Filed 8-5-21; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Page 69222]
[FR Doc No: 2015-28365]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL_9926-07-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Alabama

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of the State of Alabama's
request to revise/modify certain of its EPA-authorized programs to
allow electronic reporting.

DATES: EPA's approval is effective [Insert date of publication in the
Federal Register].

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On January 20, 2010, the Alabama Department of Environmental
Management (ADEM) submitted an application titled ``Electronic
Environmental Data Exchange Reporting System'' for revisions/
modifications to its EPA-approved programs under title 40 CFR to allow
new electronic reporting. EPA reviewed ADEM's request to revise/modify
its EPA-authorized programs and, based on this review, EPA determined
that the application met the standards for approval of authorized
program revisions/modifications set out in 40 CFR part 3, subpart D. In
accordance with 40 CFR 3.1000(d), this notice of EPA's decision to
approve Alabama's request to revise/modify its following EPA-authorized
programs to allow electronic reporting under 40 CFR parts 122 and 264,
is being published in the Federal Register:
    Part 123--EPA Administered Permit Programs: The National Pollutant
Discharge Elimination System; and
    Part 272--Approved State Hazardous Waste Management Programs.
    ADEM was notified of EPA's determination to approve its application
with respect to the authorized programs listed above.

Matthew Leopard,
Director, Office of Information Collection.
[FR Doc. 2015-28365 Filed 11-6-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 23, 2008 (Volume 73, Number 121)]
[Notices]
[Page 35405-35406]
[DOCID:fr23jn08-59]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-0436]

Nontank Vessel Response Plan Enforcement

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Coast Guard is issuing this notice to inform U.S. and
foreign flag nontank vessel owners and operators that effective August
22, 2008, we will begin enforcing the requirement to prepare and submit
a nontank vessel response plan (NTVRP) for certain nontank vessels, as
required by the Coast Guard and Maritime Transportation Act of 2004.

DATES: The policy announced in this document will become effective
August 22, 2008. Comments and related materials must reach the Docket
Management Facility on or before July 23, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0436 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions on this policy, contact
Lieutenant Jarrod DeWitz, U.S. Coast Guard, telephone<PHONE_NUMBER> or
<EMAIL_ADDRESS>If you have questions on viewing or submitting material
to the docket, please call Ms. Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to submit comments and related materials about the
enforcement policy announced in this notice. All comments received will
be posted, without change, to http://www.regulations.gov and will
include any personal information you have provided.
    If you submit a comment, please include the docket number for this
notice (USCG-2008-0436), indicate the specific section of this document
to which each comment applies, and give the reason for each comment. We
recommend that you include your name and a mailing address, an e-mail
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
    You may submit your comments and materials by mail, hand delivery,
fax, or electronic means to the Docket Management Facility listed under
ADDRESSES. If you choose to submit them by mail or hand delivery,
submit them in an unbound format, no longer than 8 \1/2\ by 11 inches,
and suitable for copying and electronic filing. If you submit them by
mail and would like to know if they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and materials received during the comment period.

Background and Purpose

    Section 701 of the Coast Guard and Maritime Transportation Act of
2004 (CGMTA), Pub. L. 108-293, amended section 311(j)(5)of the Federal
Water Pollution Control Act (FWPCA), 33 U.S.C. 1321(j)(5), and required
owners and operators of nontank vessels to prepare and submit by August
9, 2005, plans for responding: (1) To a worst case discharge; and (2)
to a substantial threat of such a discharge of oil from their vessels.
A nontank vessel is defined as a self-propelled vessel of 400 gross
tons or greater, which carries oil as fuel for main propulsion and
operates on the navigable waters of the United States. Vessels that
carry oil as primary or secondary cargo are currently regulated under
33 CFR part 155, subpart D, and are not subject to this notice. The
2004 Act also requires promulgation of regulations that prescribe the
content and submission of the nontank vessel response plans.
    The Coast Guard and Maritime Transportation Act of 2006 (Pub. L.
109-241) clarified that nontank vessel response plans are required for
vessels of 400 gross tons or greater as measured under the
International Convention on Tonnage Measurement of Ships, 1969,
measurement system in 46 U.S.C. 14302, or the regulatory measurement
system of 46 U.S.C 14502 for vessels not measured under 46 U.S.C.
14302.
    Since the passage of the 2004 Act, the Coast Guard has published
Navigation and Vessel Inspection Circular (NVIC) 01-05 CH 1 and a
Federal Notice on June 24, 2005 (70 FR 36649) providing guidance with
respect to enforcement of these requirements. NVIC 01-05 CH 1 also
provides guidance to vessel owners and operators regarding the
development of NTVRPs to meet the intent of the 2004 Act for the
immediate submission of NTVRPs and for the Coast Guard's issuance of 2-
year interim operating authorizations pending issuance of a final rule.
    Considering that some nontank vessels still have not submitted a
NTVRP to the Coast Guard and that the risks associated with oil spills
from large nontank vessels similar to the November 7, 2007, COSCO BUSAN
oil spill in San Francisco Bay, the Coast Guard will, effective August
22, 2008, begin actively enforcing the 2004 Act by screening all
nontank vessels prior to their port arrival for the submission of
NTVRPs. In an effort to devote our enforcement resources to those
nontank vessels that pose the greatest risk in the event of a worst
case discharge, this interim enforcement policy will focus on those
nontank vessels of 1,600 gross tons or greater. For such vessels
without a properly submitted plan, operational controls will be placed
on the vessels by the Captains of the Port (COTP) under the authority
of regulations in 33 CFR

160.111 issued under the Ports and Waterways Safety Act.
    Nontank vessels less than 1,600 gross tons are considered to pose
less of a threat, in part because of the smaller quantities of fuel
carried and the light weight or distillate fuel oil that they generally
use. Under section 701 of the 2004 Act, these vessels are still
required to submit NTVRPs consistent with 33 U.S.C. 1321(j)(5).
    Until NTVRP regulations are issued and in effect, the Coast Guard
will continue to issue 2-year interim operating authorization letters
for NTVRPs meeting the requirements found in 33 U.S.C. 1321(j)(5)(D).
Vessel owners or operators of a nontank vessel shall ensure that the
plan:
    (1) Is consistent with the requirements of the National Contingency
Plan and Area Contingency Plans;
    (2) Identifies the qualified individual having full authority to
implement removal actions, and requires immediate communications
between that individual and the appropriate Federal official and the
persons providing personnel and equipment;
    (3) Identifies, and ensures by contract or other means approved by
the President the availability of private personnel and equipment
necessary to remove to the maximum extent practicable a worst case
discharge (including a discharge resulting from fire or explosion), and
to mitigate or prevent a substantial threat of such a discharge;
    (4) Describes the training, equipment testing, periodic unannounced
drills, and response actions of persons on the vessel or at the
facility, to be carried out under the plan to ensure the safety of the
vessel or facility and to mitigate or prevent the discharge, or the
substantial threat of a discharge;
    (5) Is updated periodically; and
    (6) Is resubmitted for approval of each significant change.
    Vessel owners and operators are encouraged to submit plans in
accordance with the guidance of NVIC 01-05 CH 1. Plans submitted to the
Coast Guard consistent with this guidance will facilitate issuance of
interim operating authorizations.
    Once plans are received for review, the Coast Guard will issue an
acknowledgement receipt. For plans that do not meet the elements
described above, the Coast Guard will send the owner or operator a
revision request identifying the deficient elements. If the Coast Guard
finds the elements of a response plan to be not in compliance with the
requirements of 33 U.S.C. 1321(j)(5)(D) as amended by the 2004 Act, the
Coast Guard may initiate vessel operational controls under authority of
33 U.S.C. 1233 and 33 CFR 160.111.
    The Coast Guard is interested in receiving comments on this policy
notice.

    Dated: June 18, 2008.
Brian M. Salerno
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security And Stewardship.
 [FR Doc. E8-14115 Filed 6-20-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Rules and Regulations]
[Pages 372-374]
[FR Doc No: 2013-31263]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R06-OW-2013-0221; FRL-9904-86]

Ocean Dumping Regulations: Atchafalaya-West Ocean Dredged
Material Disposal Site Designation; Calcasieu, Sabine Neches, and
Atchafalaya-East Site Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and technical amendment.

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SUMMARY: Pursuant to section 102(c) of the Marine Protection, Research
and Sanctuaries Act of 1972 (MPRSA), the EPA today designates the
Atchafalaya-West Ocean Disposal Site (ODMDS-West), located adjacent to
and west of the Atchafalaya River Bar Channel (ARBC) of Louisiana as a
permanent ocean dredged material disposal site (ODMDS). This
designation will allow continued use of the site, which was previously
designated a temporary site pursuant to MPRSA section 103(b).
    In addition to the designation, the EPA now issues a technical
amendment to correct seven typographical errors.
    The designation of the Atchafalaya ODMDS-West disposal site does
not by itself authorize the disposal of dredged material, but makes the
site available for use for dredged material from the ARBC if no
environmentally preferable, practicable alternative for managing that
dredged material exists, and if analysis of the dredged material
indicates that it is suitable for open-water disposal. This action is
to designate adequate, environmentally-acceptable ocean disposal site
capacity for suitable dredged material from the ARBC.

DATES: This final rule is effective on February 3, 2014.

ADDRESSES: The EPA established a docket for this action under Docket ID
No. EPA-R06-OW-2013-0221. All documents in the docket are listed on the
http://www.regulations.gov Web site. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the Marine & Coastal Section
(6WQ-EC), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 Freedom of
Information Act Review Room between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT paragraph below to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Jessica Franks, Ph.D., Marine and
Coastal Section (6WQ-EC), Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214)
665-8335, fax number<PHONE_NUMBER>; email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Final Action
III. Regulatory Requirements
IV. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our May
21, 2013 proposal [78 FR 29687, Tuesday, May 21, 2013]. We received no
comments on the proposed rule itself, and two comments on the draft
Environmental Impact Statement (EIS) for the proposed designation.
Those comments were addressed in the Final EIS (Section <IP_ADDRESS> and
Section 5.3), which is available at http://www.epa.gov/region6/water/ecopro/feis-odmds-west-final.pdf.
    For the Calcasieu, LA, Dredged Material Site 3, the EPA found a
typographical error in 40 CFR 228.15(j)(7)(i), 4th longitudinal
coordinate, which was incorrectly published as 93[deg]16'5'' W. The
correct longitude for coordinate number 4 is 93[deg]16'25'' W. For the
Sabine-Neches, TX, Dredged Material Site D, the EPA found a
typographical error in 40 CFR 228.15(j)(25)(i), 3rd longitudinal
coordinate, which was incorrectly published as 93[deg]44'10'' W. The
correct longitude for coordinate number 3 is 93[deg]41'10'' W. For the
Sabine-Neches, TX, Dredged Material Sites A-D and Atchafalaya East, LA,
the EPA did not clarify which North American Datum was used for the
location coordinates. According to 228.15(a)(3) the default datum is
NAD27. The correct North American Datum for these sites is NAD83.
    This final rule is also a record of decision in accordance with 40
CFR 1505.2.

II. Final Action

    The EPA hereby designates the Atchafalaya-West Ocean Disposal Site
(ODMDS-West) as a permanent ocean dredged material disposal site
(ODMDS) pursuant to MPRSA Section 102(c). This ODMDS is located
adjacent to and west of the Atchafalaya River Bar Channel of Louisiana.
    This action also corrects the typographical errors as noted in the
Background section of this preamble.

III. Regulatory Requirements

    Details of the regulatory requirements of this rule are in our May
21, 2013 proposed rule, 78 FR 29694, Tuesday, May 21, 2013. To
summarize, this final rule complies as follows:
--It complies with the National Environmental Policy Act of 1969 (NEPA)
under the doctrine of functional equivalency; the EPA has relied on
information from the final Environmental Impact Statement in its
consideration and application of ocean dumping criteria to the ODMDS-
West;
--It complies with the Endangered Species Act (ESA), regarding
consultation with the U.S. Fish and Wildlife Service in that
designation of the ocean disposal site is not expected to adversely
affect any threatened or endangered species or their critical habitat;
--It complies with the Magnuson-Stevens Fishery Conservation and
Management Act of 1996 (MSFCMA) regarding consultation with the
National Marine Fisheries Service (NMFS) in that designation of the
ocean disposal site is not expected to have significant impacts to
marine fishery resources;
--It complies with the Coastal Zone Management Act, regarding federal
activities that affect a state's coastal zone in that the designation
of the ODMDS-West is not inconsistent with the approved Louisiana
Coastal Resources Program;
--It complies with the Coastal Barrier Improvement Act of 1990 in that
project activities related to disposal are exempt from the prohibitions
set forth in the act.

IV. Statutory and Executive Order Reviews

    Details of the applicability of executive orders and statutory
provisions to this rule are in our May 21, 2013 proposed rule, 78 FR
29695, Tuesday, May 21, 2013. To summarize, this final rule complies
with applicable executive orders and statutory provisions as follows:
--It is not a `significant regulatory action'' subject to office of
Management and Budget (OMB) review under Executive Order 12866 (58 FR
51735, October 4, 1993);
--It does not impose an information collection burden under the
provisions of the Paperwork Reduction Act 44 U.S.C. 3501 et seq;
--It is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601);
--It does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);
--It does not have Federalism implications as specified in Executive
Order 13132 (64 FR 43255, August 10, 1999);
--It is not an economically significant regulatory action based on
health or safety risks subject to Executive Order 13045 (62 FR 19885,
April 23, 1997);
--It has no Tribal implications, as specified in Executive Order 13175
(65 FR 67249, November 9, 2000);
--It is not an economically significant regulatory action subject to
Executive Order 12866 (62 FR 19885, April 23, 1997), and does not
present a disproportionate risk to children;
--It is not a significant regulatory action under Executive Order 12866
and so is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001) ;
--It is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113, 12(d)
(15 U.S.C. 272 note) as it does not involve technical standards; and
--It will not have a disproportionately high and adverse human health
or environmental effects on minority or low-income populations subject
to Executive Order 12898 (59 FR 7629).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2) and its
effective date thus need not be delayed for 60 days.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Dated: December 18, 2013.
Ron Curry,
Regional Administrator, Region 6.

    In consideration of the foregoing, part 228, Chapter I of Title 40
of the Code of Federal Regulation is amended as follows:

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING

0
1. The authority citation for part 228 continues to read as follows:

    Authority: 33 U.S.C. 1412 and 1418.

0
2. Section 228.15 is amended by

0
a. Revising paragraph (j)(7)(i);
0
b. Revising paragraph (j)(21)(i);
0
c. Revising paragraph (j)(22)(i);
0
d. Revising paragraph (j)(23)(i)
0
e. Revising paragraph (j)(24)(i);
0
f. Revising paragraph (j)(25)(i); and
0
g. Adding paragraph (j)(26).
    The additions and revisions read as follows:

Sec.  228.15  Dumping sites designated on a final basis.

* * * * *
    (j) * * *
    (7) * * *
    (i) Location: 29[deg]37'50'' N., 93[deg]19'37'' W.; 29[deg]37'25''
N., 93[deg]19'33'' W.; 29[deg]33'55'' N., 93[deg]16'23'' W.;
29[deg]33'49'' N., 93[deg]16'25'' W.; 29[deg]30'59'' N., 93[deg]13'51''
W.; 29[deg]29'10'' N., 93[deg]13'49'' W.; 29[deg]29'05'' N.,
93[deg]14'23'' W.; 29[deg]30'49'' N., 93[deg]14'25'' W.; 29[deg]37'26''
N., 93[deg]20'24'' W.; 29[deg]37'44'' N., 93[deg]20'27'' W.
* * * * *
    (21) * * *
    (i) Location (NAD83): 9E20'59.92'' N, 91E23'33.23'' W,
29E20'43.94'' N, 91E23'09.73'' W, 29E08'15.46'' N, 91E34'51.02'' W, and
29E07'59.43'' N, 91E34'27.51'' W; thence to point of beginning.
* * * * *
    (22) * * *
    (i) Location (NAD83): 29[deg]24'47'' N., 93[deg]43'29'' W.;
29[deg]24'47'' N., 93[deg]41'08'' W.; 29[deg]22'48'' N., 93[deg]41'09''
W.; 29[deg]22'49'' N., 93[deg]43'29'' W.; thence to point of beginning.
* * * * *
    (23) * * *
    (i) Location (NAD83): 29[deg]21'59'' N., 93[deg]43'29'' W.;
29[deg]21'59'' N., 93[deg]41'08'' W.; 29[deg]20'00'' N., 93[deg]41'09''
W.; 29[deg]20'00'' N., 93[deg]43'29'' W.; thence to point of beginning.
* * * * *
    (24) * * *
    (i) Location (NAD83): 29[deg]19'11'' N., 93[deg]43'29'' W.;
29[deg]19'11'' N, 93[deg]41'09'' W.; 29[deg]17'12'' N., 93[deg]41'09''
W.; 29[deg]17'12'' N., 93[deg]43'29'' W.; thence to point of beginning.
* * * * *
    (25) * * *
    (i) Location (NAD83): 29[deg]16'22'' N., 93[deg]43'29'' W.;
29[deg]16'22'' N., 93[deg]41'10'' W.; 29[deg]14'24'' N., 93[deg]41'10''
W.; 29[deg]14'24'' N., 93[deg]43'29'' W.; thence to point of beginning.
* * * * *
    (26) Atchafalaya River and Bayous Chene, Boeuf, and Black, LA
(ODMDS-West)
    (i) Location (NAD83): 29[deg]22'06'' N, 91[deg]27'38'' W;
29[deg]20'30'' N, 91[deg]25'13'' W; 29[deg]09'16'' N, 91[deg]35'12'' W;
29[deg]10'52'' N, 91[deg]37'33'' W; thence to point of beginning.
    (ii) Size: 48 square miles.
    (iii) Depth: Ranges from 4 to 23 feet.
    (iv) Primary Use: Dredged material.
    (v) Period of Use: Continuing use.
    (vi) Restrictions: Disposal shall be limited to dredged material
from the Atchafalaya River Bar channel that complies with EPA's Ocean
Dumping Regulations. Dredged material that does not meet the criteria
set forth in 40 CFR part 227 shall not be placed at the site. Disposal
operations shall be conducted in accordance with requirements specified
in a Site Management and Monitoring Plan developed by EPA and USACE, to
be reviewed periodically, at least every 10 years.
* * * * *
[FR Doc. 2013-31263 Filed 1-2-14; 8:45 am]
BILLING CODE 6560-50-P


(a) Comply with statutory or regulatory requirements prescribed
under 49 U.S.C., Chapter 311, subchapter III;
    (b) Comply with an FMCSA or State order issued to redress
violations of a statutory or regulatory requirement prescribed under 49
U.S.C., Chapter 311, subchapter III;
    (c) Pay a civil penalty assessed for a violation of a statutory or
regulatory requirement prescribed under 49 U.S.C., Chapter 311,
subchapter III; or
    (d) Respond to an enforcement action for a violation of a statutory
or regulatory requirement prescribed under 49 U.S.C., Chapter 311,
subchapter III.

Sec.  385.909  Pattern or practice.

    The Agency Official may determine that a motor carrier or person
acting on behalf of a motor carrier engages or has engaged in a pattern
or practice of avoiding regulatory compliance, or masking or otherwise
concealing regulatory noncompliance for purposes of this subpart, by
considering, among other things, the following factors, which, in the
case of persons acting on behalf of a motor carrier, may be related to
conduct undertaken on behalf of any motor carrier:
    (a) The frequency, remoteness in time, or continuing nature of the
conduct;
    (b) The extent to which the regulatory violations caused by the
conduct create a risk to safety;
    (c) The degree to which the conduct has affected the safety of
operations, including taking into account any crashes, deaths, or
injuries associated with the conduct;
    (d) Whether the motor carrier or person acting on a motor carrier's
behalf knew or should have known that the conduct violated applicable
statutory or regulatory requirements;
    (e) Safety performance history, including pending or closed
enforcement actions, if any;
    (f) Whether the motor carrier or person acting on a motor carrier's
behalf engaged in the conduct for the purpose of avoiding compliance or
masking or otherwise concealing noncompliance; and

    (g) In the case of a person acting on a motor carrier's behalf, the
extent to which the person exercises a controlling influence on the
motor carrier's operations.

Sec.  385.911  Suspension proceedings.

    (a) General. The Agency Official may issue an order to suspend a
motor carrier's registration based on a determination made in
accordance with Sec.  385.905(b).
    (b) Commencement of proceedings. The Agency Official commences a
proceeding under this section by serving an order to show cause to the
motor carrier and, if the proceeding is based on the conduct of another
person, by also serving a copy on the person alleged to have engaged in
the pattern or practice that resulted in a proceeding instituted under
this section, which:
    (1) Provides notice that the Agency is considering whether to
suspend the motor carrier's registration;
    (2) Provides notice of the factual and legal basis for the order;
    (3) Directs the motor carrier to show good cause within 30 days of
service of the order to show cause why its registration should not be
suspended;
    (4) Informs the motor carrier that its response to the order to
show cause must be in writing, state the factual and legal basis for
its response, and include all documentation, if any, the motor carrier
wants considered;
    (5) Informs the motor carrier of the address and name of the person
to whom the response should be directed and served;
    (6) Provides notice to the person(s) alleged to have engaged in the
pattern or practice that resulted in the proceeding instituted under
this section, if any, of their right to intervene in the proceeding;
and
    (7) Informs the motor carrier that its registration will be
suspended on the 35th day after service of the order, if the motor
carrier or an intervening person does not respond to the order.
    (c) Right of individual person(s) to intervene. A person(s) alleged
to have engaged in the pattern or practice that resulted in a
proceeding under this section may intervene in the proceeding. The
person(s) may--but are not required to--serve a separate response and
supporting documentation to an order served under paragraph (b) of this
section, within 30 days of being served with the order. Failure to
timely serve a response constitutes waiver of the right to intervene.
    (d) Review of response. The Agency Official will review the
responses to the order to show cause and determine whether the motor
carrier's registration should be suspended.
    (1) The Agency Official may take the following actions:
    (i) If the Agency Official determines that the motor carrier's
registration should be suspended, he or she will enter an order
suspending the registration;
    (ii) If the Agency Official determines that it is not appropriate
to suspend the motor carrier's registration, he or she may enter an
order directing the motor carrier to correct compliance deficiencies;
or
    (iii) If the Agency Official determines the motor carrier's
registration should not be suspended and a compliance order is not
warranted, he or she will enter an order terminating the proceeding.
    (2) If the Agency Official issues an order to suspend the motor
carrier's registration, the order will:
    (i) Provide notice to the motor carrier and any intervening
person(s) of the right to petition for administrative review of the
order within 15 days of service of the order suspending registration,
and provide notice of the procedures in paragraph (e) of this section;
    (ii) Provide notice that a timely petition for administrative
review will stay the effective date of the order unless the Assistant
Administrator orders otherwise for good cause; and
    (iii) Provide notice that failure to timely serve a petition for
administrative review constitutes waiver of the right to contest the
order suspending the registration and will result in the order becoming
a Final Agency Order 20 days after it is served.
    (e) Administrative review. The motor carrier or the intervening
person(s) may petition the Assistant Administrator for review of an
order issued under paragraph (d)(1)(i) of this section. The petition
must be in writing and served on the Assistant Administrator. Service
on the Assistant Administrator is effected by delivering a copy to
USDOT Dockets, Docket Operations, 1200 New Jersey Avenue, West Building
Ground Floor, Room 12-140, SE., Washington, DC 20590-0001 or by
submitting the documents electronically to www.regulations.gov. The
petition must also be served on all parties to the proceedings and on
Adjudications Counsel, Federal Motor Carrier Safety Administration,
1200 New Jersey Ave. SE., Washington, DC 20590-0001.
    (1) A petition for review must be served within 15 days of the
service date of the order for which review is requested. Failure to
timely serve a request for review waives the right to request review.
    (2) A petition for review must include:
    (i) A copy of the order in dispute;
    (ii) A copy of the petitioner's response to the order in dispute,
with supporting documents if any;
    (iii) A statement of all legal, factual and procedural issues in
dispute; and
    (iv) Written argument in support of the petitioner's position
regarding the legal, factual or procedural issues in dispute.
    (3) The Agency Official must serve a response to the petition for
review no later than 15 days following receipt of the petition. The
Agency Official must address each assignment of error by producing
evidence or legal argument which supports the Agency Official's
determination on that issue. The Agency Official's determination may be
supported by circumstantial or direct evidence and the reasonable
inferences drawn therefrom.
    (4) The Assistant Administrator's review is limited to the legal,
factual and procedural issues identified in the petition for review.
The Assistant Administrator may, however, ask the parties to submit
additional information. If the petitioner does not provide the
information requested, the Assistant Administrator may dismiss the
petition for review.
    (5) The Assistant Administrator will serve a written decision on
the petition for review within 60 days of the close of the time period
for serving a response to the petition for review or the date of
service of the response served under paragraph (e)(3), whichever is
later.
    (6) If a petition for review is timely served in accordance with
this section, the disputed order is stayed, pending the Assistant
Administrator's review. The Assistant Administrator may enter an order
vacating the automatic stay in accordance with the following
procedures:
    (i) The Agency Official may file a motion to vacate the automatic
stay demonstrating good cause why the order should not be stayed. The
Agency Official's motion must be in writing, state the factual and
legal basis for the motion, be accompanied by affidavits or other
evidence relied on, and be served on all parties.
    (ii) Within 10 days of service of the motion to vacate the
automatic stay, the petitioner may serve an answer in opposition,
accompanied by affidavits or other evidence relied on.
    (iii) The Assistant Administrator will issue a decision on the
motion to vacate within 10 days of the close of the time period for
serving the answer to the

motion. The 60-day period for a decision on the petition for review in
paragraph (e)(5) of this section does not begin until the Assistant
Administrator issues a decision on the motion to vacate the stay.
    (7) The Assistant Administrator's decision on a petition for review
of an order issued under this section constitutes the Final Agency
Order.

Sec.  385.913  Revocation proceedings.

    (a) General. The Agency Official may issue an order to revoke a
motor carrier's registration, if he or she:
    (1) Makes a determination in accordance with Sec.  385.905(b), and
    (2) Determines that the motor carrier has willfully violated any
order directing compliance with any statutory or regulatory requirement
prescribed under 49 U.S.C., Chapter 311, subchapter III for a period of
at least 30 days.
    (b) Commencement of proceedings. The Agency Official commences a
proceeding under this section by serving an order to show cause to the
motor carrier and, if the proceeding is based on the conduct of another
person, by also serving a copy on the person alleged to have engaged in
the pattern or practice that resulted in a proceeding instituted under
this section, which:
    (1) Provides notice that the Agency is considering whether to
revoke the motor carrier's registration;
    (2) Provides notice of the factual and legal basis for the order;
    (3) Directs the motor carrier to comply with a statute, regulation
or condition of its registration;
    (4) Informs the motor carrier that the response to the order to
show cause must be in writing, state the factual and legal basis for
its response and include all documentation, if any, the motor carrier
wants considered;
    (5) Informs the motor carrier of the address and name of the person
to whom the response should be directed and served;
    (6) Provides notice to the person, if any, of his or her right to
intervene in the proceeding within 30 days of service of the order; and
    (7) Informs the motor carrier that its registration may be revoked
on the 35th day after service of the order issued under this section if
the motor carrier or intervening person has not demonstrated, in
writing, compliance with the order, or otherwise shown good cause why
compliance is not required or the registration should not be revoked.
    (c) Right of individual person(s) to intervene. A person(s) alleged
to have engaged in the pattern or practice that resulted in a
proceeding instituted under this section may intervene in the
proceeding. The person(s) may--but are not required to--serve a
separate response and supporting documentation to an order served under
paragraph (b) of this section, within 30 days of being served with the
order. Failure to timely serve a response constitutes waiver of the
right to intervene. If the Agency Official previously issued an order
under Sec.  385.911 based on the same conduct, a person who was given
the opportunity to but did not intervene under Sec.  385.911(c) may not
intervene under this section.
    (d) Review of response. The Agency Official will review the
response(s) to the order and determine whether the motor carrier's
registration should be revoked.
    (1) The Agency Official will take one of the following actions:
    (i) If the Agency Official determines the motor carrier's
registration should be revoked, he or she will enter an order revoking
the motor carrier's registration; or
    (ii) If the Agency Official determines the motor carrier's
registration should not be revoked, he or she will enter an order
terminating the proceeding.
    (2) If the Agency Official issues an order to revoke the motor
carrier's registration, the order will:
    (i) Provide notice to the motor carrier and any intervening
person(s) of the right to petition for administrative review of the
order within 15 days of service of the order revoking the motor
carrier's registration, and provide notice of the procedures in Sec.
385.911(e);
    (ii) Provide notice that a timely petition for review will stay the
effective date of the order unless the Assistant Administrator orders
otherwise for good cause; and
    (iii) Provide notice that failure to timely serve a petition for
review constitutes waiver of the right to contest the order revoking
the motor carrier's registration and will result in the order becoming
a Final Agency Order 20 days after it is served.
    (iv) Provide notice that a Final Agency Order revoking the motor
carrier's registration will remain in effect and bar approval of any
subsequent application for registration until rescinded by the Agency
Official pursuant to Sec.  385.915.
    (e) Administrative review. The motor carrier or intervening person
may petition the Assistant Administrator for review of an order issued
under paragraph (d)(1)(i) of this section by following the procedures
set forth in Sec.  385.911(e).

Sec.  385.915  Petitions for rescission.

    (a) A motor carrier or intervening person may submit a petition for
rescission of an order suspending or revoking registration under this
subpart based on action taken to correct the deficiencies that resulted
in the suspension or revocation.
    (b) A petition for rescission must be made in writing to the Agency
Official.
    (c) A petition for rescission must include a copy of the order
suspending or revoking the motor carrier's registration, a factual
statement identifying all corrective action taken, and copies of
supporting documentation.
    (d) The Agency Official will issue a written decision on the
petition within 60 days of service of the petition. The decision will
state the factual and legal basis for the decision.
    (e) If the Agency Official grants the petition, the written
decision under paragraph (d) is the Final Agency Order. Rescinding an
order suspending a motor carrier's registration permits that motor
carrier to resume operations so long as it is in compliance with all
other statutory and regulatory requirements. Rescinding an order
revoking a motor carrier's registration does not have the effect of
reinstating the revoked registration. In order to resume operations in
interstate commerce, the motor carrier whose registration was revoked
must reapply for registration. If registration is granted, the motor
carrier would also become subject to the new entrant regulations at 49
CFR part 385.
    (f) If the Agency Official denies the petition, the petitioner may
petition the Assistant Administrator for review of the denial. The
petition must be in writing and served on the Assistant Administrator.
Service on the Assistant Administrator is effected by delivering a copy
to USDOT Dockets, Docket Operations, 1200 New Jersey Avenue, West
Building Ground Floor, Room 12-140 SE., Washington, DC 20590-0001 or by
submitting the documents electronically to www.regulations.gov. The
petition must also be served on all parties to the proceedings and on
Adjudications Counsel, Federal Motor Carrier Safety Administration,
1200 New Jersey Ave. SE., Washington, DC 20590-0001. The petition for
review of the denial must be served within 15 days of the service of
the decision denying the petition for rescission. The petition for
review must identify the legal, factual or procedural issues in dispute
with respect to the denial of the petition for rescission. The petition
for review may not, however, challenge the basis of the underlying
suspension or revocation order.

    (g) The Agency Official may file a written response within 15 days
of receipt of the petition for review.
    (h) The Assistant Administrator will issue a written decision on
the petition for review within 60 days of service of the petition for
review or a timely served response, whichever is later. The Assistant
Administrator's decision constitutes the Final Agency Order.

Sec.  385.917  Other orders unaffected; not exclusive remedy.

    If a motor carrier subject to an order issued under this subpart is
or becomes subject to any other order, prohibition, or requirement of
the FMCSA, an order issued under this subpart is in addition to, and
does not amend or supersede the other order, prohibition, or
requirement. Nothing in this subpart precludes FMCSA from taking action
against any motor carrier under 49 U.S.C. 13905 or 49 U.S.C. 31134 for
other conduct amounting to willful failure to comply with an applicable
statute, regulation or FMCSA order.

Sec.  385.919  Penalties.

    (a) Any motor carrier that the Agency determines engages or has
engaged in a pattern or practice of avoiding regulatory compliance or
masking noncompliance or violates an order issued under this subpart
shall be subject to the civil or criminal penalty provisions of 49
U.S.C. 521(b) and applicable regulations.
    (b) Any motor carrier who permits the exercise of controlling
influence over its operations by any person that the Agency determines,
under this subpart, engages in or has engaged in a pattern or practice
of avoiding regulatory compliance or masking noncompliance while acting
on behalf of any motor carrier, shall be subject to the civil or
criminal penalty provisions of 49 U.S.C. 521(b) and applicable
regulations.

Sec.  385.921  Service and computation of time.

    Service of documents and computations of time will be made in
accordance with Sec. Sec.  386.6 and 386.8 of this subchapter. All
documents that are required to be served or filed must be served or
filed with a certificate of service.

0
3. Add a new subpart L consisting of Sec. Sec.  385.1001 through
385.1019, to read as follows:
Subpart L--Reincarnated Carriers
385.1001 Applicability.
385.1003 Definitions.
385.1005 Prohibition.
385.1007 Determination of violation.
385.1009 Suspension proceedings.
385.1011 Revocation proceedings.
385.1013 Petitions for rescission.
385.1015 Other orders unaffected; not exclusive remedy.
385.1017 Penalties.
385.1019 Service and computation of time.

Subpart L--Reincarnated Carriers

Sec.  385.1001  Applicability.

    The requirements in this subpart apply to for-hire motor carriers
registered or required to be registered under 49 U.S.C. 13902, 49 CFR
part 365, and 49 CFR part 368.

Sec.  385.1003  Definitions.

    As used in this subpart:
    Agency Official means the Director of FMCSA's Office of Enforcement
and Compliance or his or her designee.
    Registration means the registration required under 49 U.S.C. 13902,
49 CFR part 365, and 49 CFR part 368.
    Reincarnated or affiliated motor carriers means motor carriers with
common ownership, common management, common control or common familial
relationship.

Sec.  385.1005  Prohibition.

    Two or more motor carriers shall not use common ownership, common
management, common control, or common familial relationship to enable
any or all such motor carriers to avoid compliance, or mask or
otherwise conceal non-compliance, or a history of non-compliance, with
statutory or regulatory requirements prescribed under 49 U.S.C. Chapter
311, subchapter III, or with an order issued under such requirements.

Sec.  385.1007  Determination of violation.

    (a) General. The Agency Official may issue an order to suspend or
revoke the registration of one or more motor carriers if he or she
determines that the motor carrier or motor carriers have reincarnated
or affiliated to avoid regulatory compliance or mask or otherwise
conceal regulatory noncompliance, or a history of noncompliance.
    (b) Reincarnation or affiliation. The Agency Official may determine
that one or more motor carriers are reincarnated if there is
substantial continuity between entities such that one is merely a
continuation of the other. The Agency Official may determine that motor
carriers are affiliates if business operations are under common
ownership, common management, common control or common familial
relationship. To make these determinations, the Agency Official may
consider, among other things, the factors in 49 CFR 386.73(c) and
examine, among other things, the records identified in 49 CFR
386.73(d).
    (c) Regulatory noncompliance. The Agency Official may determine
that a motor carrier or its officer, employee, agent, or authorized
representative, avoids regulatory compliance or masks or otherwise
conceals regulatory noncompliance, or a history of noncompliance by
operating or attempting to operate a motor carrier as a reincarnated or
affiliated entity to:
    (1) Avoid complying with an FMCSA order;
    (2) Avoid complying with a statutory or regulatory requirement;
    (3) Avoid paying a civil penalty;
    (4) Avoid responding to an enforcement action; or
    (5) Avoid being linked with a negative compliance history.

Sec.  385.1009  Suspension proceedings.

    (a) General. The Agency Official may issue an order to suspend a
motor carrier's registration based on a determination made in
accordance with Sec.  385.1007.
    (b) Commencement of proceedings. The Agency Official may commence a
proceeding under this section by serving an order to one or more motor
carriers which:
    (1) Provides notice that the Agency is considering whether to
suspend the motor carrier's registration;
    (2) Provides notice of the factual and legal basis for the order;
    (3) Directs the motor carrier to comply with a regulation or
condition of its registration;
    (4) Informs the motor carrier that the response to the order must
be in writing, state the factual or legal basis for its response, and
include all documentation, if any, the motor carrier wants considered;
    (5) Informs the motor carrier of the address and name of the person
to whom the response should be directed and served;
    (6) Informs the motor carrier that its registration may be
suspended on the 35th day after service of the order issued under this
section if the motor carrier has not demonstrated, in writing,
compliance with any compliance directive issued, or otherwise shown
good cause why compliance is not required or the registration should
not be suspended.
    (c) Review of response. The Agency Official will review the
responses to the order and determine whether the motor carrier's
registration should be suspended.
    (1) The Agency Official will take one of the following actions:
    (i) If the Agency Official determines the motor carrier's
registration should be suspended, he or she will enter an

order suspending the motor carrier's registration; or
    (ii) If the Agency Official determines the motor carrier's
registration should not be suspended, he or she will enter an order
terminating the proceeding.
    (2) If the Agency Official issues an order to suspend the motor
carrier's registration, the order will:
    (i) Provide notice to the motor carrier of the right to petition
the Assistant Administrator for review of the order within 15 days of
service of the order suspending the registration, and provide notice of
the procedures in Sec.  385.911(e);
    (ii) Provide notice that a timely petition for review will stay the
effective date of the order unless the Assistant Administrator orders
otherwise for good cause; and
    (iii) Provide notice that failure to timely serve a petition for
review constitutes waiver of the right to contest the order suspending
the motor carrier's registration and will result in the order becoming
a Final Agency Order 20 days after it is served.
    (iv) Provide notice that a Final Agency Order suspending the motor
carrier's registration will remain in effect and bar approval of any
subsequent application for registration until rescinded by the Agency
Official pursuant to Sec.  385.1013.
    (d) Administrative Review. The motor carrier may petition the
Assistant Administrator for review of an order issued under paragraph
(c)(1)(i) of this section by following the procedures set forth in
Sec.  385.911(e).

Sec.  385.1011  Revocation proceedings.

    (a) General. The Agency Official may issue an order to revoke a
motor carrier's registration, if he or she:
    (1) Makes a determination in accordance with Sec.  385.1007, and
    (2) Determines that the motor carrier has willfully violated an
order directing compliance for a period of at least 30 days.
    (b) Commencement of proceedings. The Agency Official commences a
proceeding under this section by serving an order to one or more motor
carriers, which:
    (1) Provides notice that the Agency is considering whether to
revoke the motor carrier's registration;
    (2) Provides notice of the factual and legal basis for the order;
    (3) Directs the motor carrier to comply with a statute, regulation
or condition of its registration;
    (4) Informs the motor carrier that the response to the show cause
order must be in writing, state the factual or legal basis for its
response, and include all documentation, if any, the motor carrier
wants considered;
    (5) Informs the motor carrier of the address and name of the person
to whom the response should be directed and served; and
    (6) Informs the motor carrier that its registration may be revoked
on the 35th day after service of the order issued under this section if
the motor carrier has not demonstrated, in writing, compliance with any
order directing compliance, or otherwise shown good cause why
compliance is not required or the registration should not be revoked.
    (c) Review of response. The Agency Official will review the
response(s) to the order and determine whether the motor carrier's
registration should be revoked.
    (1) The Agency Official will take one of the following actions:
    (i) If the Agency Official determines the motor carrier's
registration should be revoked, he or she will enter an order revoking
the motor carrier's registration; or
    (ii) If the Agency Official determines the motor carrier's
registration should not be revoked, he or she will enter an order
terminating the proceeding.
    (2) If the Agency Official issues an order to revoke the motor
carrier's registration, the order will:
    (i) Provide notice to the motor carrier and any intervening
person(s) of the right to petition the Assistant Administrator for
review of the order within 15 days of service of the order revoking the
motor carrier's registration, and provide notice of the procedures in
Sec.  385.911(e);
    (ii) Provide notice that a timely petition for review will stay the
effective date of the order unless the Assistant Administrator orders
otherwise for good cause; and
    (iii) Provide notice that failure to timely serve a petition for
review constitutes waiver of the right to contest the order revoking
the motor carrier's registration and will result in the order becoming
a Final Agency Order 20 days after it is served.
    (iv) Provide notice that a Final Agency Order revoking the motor
carrier's registration will remain in effect and bar approval of any
subsequent application for registration until rescinded by the Agency
Official pursuant to Sec.  385.1013.
    (d) Administrative review. The motor carrier or intervening person
may petition the Assistant Administrator for review of an order issued
under paragraph (c)(1)(i) of this section by following the procedures
set forth in Sec.  385.911(e).

Sec.  385.1013  Petitions for rescission.

    A motor carrier may submit a petition for rescission of an order
suspending or revoking registration under this subpart by following the
procedures set forth in Sec.  385.915.

Sec.  385.1015  Other orders unaffected; not exclusive remedy.

    If a motor carrier subject to an order issued under this subpart is
or becomes subject to any other order, prohibition, or requirement of
the FMCSA, an order issued under this subpart is in addition to, and
does not amend or supersede the other order, prohibition, or
requirement. Nothing in this subpart precludes FMCSA from taking action
against any motor carrier under 49 U.S.C. 13905 for other conduct
amounting to willful failure to comply with an applicable statute,
regulation or FMCSA order.

Sec.  385.1017  Penalties.

    Any motor carrier that the Agency determines to be in violation of
this subpart shall be subject to the civil or criminal penalty
provisions of 49 U.S.C. 521(b) and applicable regulations.

Sec.  385.1019  Service and computation of time.

    Service of documents and computations of time will be made in
accordance with Sec. Sec.  386.6 and 386.8 of this subchapter. All
documents that are required to be served or filed must be served or
filed with a certificate of service.

PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT
PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS
PROCEEDINGS

0
4. The authority citation for part 386 continues to read as follows:

    Authority:  49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149,
311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49
U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767;
Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of
Pub. L. 109-59; and 49 CFR 1.81 and 1.87.

0
5. In Appendix A to Part 386, add a new paragraph IV.j. to read as
follows:

Appendix A to Part 386--Penalty Schedule; Violations of Notice and
Orders

* * * * *
    IV. * * *
    j. Violation--Conducting operations during a period of
suspension or revocation under Sec. Sec.  385.911, 385.913, 385.1009
or 385.1011.
    Penalty--Up to $11,000 for each day that operations are
conducted during the suspension or revocation period.

    Issued under the authority of delegation in 49 CFR 1.87.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-01174 Filed 1-21-14; 8:45 am]
BILLING CODE 4910-EX-P