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Rules of Practice for Motor Carrier Proceedings; Violations of Commercial Regulations

Final rule.
The FMCSA is amending its rules of practice for motor carrier administrative proceedings to include proceedings arising under the ICC Termination Act of 1995 (ICCTA). These proceedings formerly fell within the jurisdiction of the Interstate Commerce Commission (ICC) and were implemented and administered under ICC regulations. The ICCTA transferred much of the ICC's motor carrier jurisdiction to the Secretary of Transportation (Secretary), who delegated it to the Federal Highway Administration (FHWA), effective January 1, 1996, and redelegated it to the Office of Motor Carrier Safety (OMCS), effective October 9, 1999. This jurisdiction was again redelegated to the FMCSA, effective January 1, 2000. However, the FMCSA's rules of practice for motor carrier administrative proceedings apply only to proceedings involving violations of the Federal Motor Carrier Safety and Hazardous Materials regulations. This final rule ensures that all civil forfeiture and investigation proceedings instituted by the FMCSA are governed by uniform and consistent procedures. The FMCSA is also making technical amendments to reflect recent organizational changes, remove obsolete statutory citations, and incorporate recent statutory changes affecting the civil penalty schedule.


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