Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications and Penalties

Summary: On April 29, 1996, the FHWA published notice of its proposal to amend its rules of practice for motor carrier administrative proceedings. (61 FR 18866). The FHWA now proposes to supplement that notice of proposed rulemaking to make the rules applicable to proceedings arising under section 103 of the ICC Termination Act of 1995 (ICCTA) as well. Before the ICCTA became effective on January 1, 1996, these proceedings fell under the jurisdiction of the Interstate Commerce Commission (ICC) and were implemented and administered pursuant to ICC regulations. But the ICCTA abolished the ICC and gave the Secretary of Transportation responsibility for carrying out the provisions of section 103. The Secretary has delegated that responsibility to the FHWA. By broadening the scope of the proposed rules of practice to include proceedings arising under the ICCTA, the FHWA proposes to adopt uniform and consistent procedures to govern all investigation and civil forfeiture proceedings which it institutes.