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Publication Date: |
12/13/2011 |
Comment By Date: |
1/12/2012 |
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Action:Notice of proposed rulemaking.
Summary:
FMCSA proposes to amend its Rules of Practice for Motor
Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and
Hazardous Materials Proceedings in three respects. First, the Agency
proposes to clarify that paying the full proposed civil penalty in an
enforcement proceeding, either in response to a Notice of Claim (NOC)
or later in the proceeding, would not allow respondents to unilaterally
avoid an admission of liability for the violations charged. Second,
FMCSA proposes to establish procedures for issuing out-of-service
orders to motor carriers, intermodal equipment providers, brokers, and
freight forwarders it determines are reincarnations of other entities
with a history of failing to comply with statutory or regulatory
requirements. These procedures would provide for administrative review
before the out-of-service order takes effect. Finally, the Agency
proposes procedures for consolidating Agency records of reincarnated
companies with their predecessor entities.
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