Feds Change Rules of Practice

The Federal Motor Carrier Safety Administration (FMCSA) amends its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings.  The Agency clarifies 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, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. Additionally, the Agency establishes 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 will provide for an administrative review before the out-of-service order takes effect.  Finally, the Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.  This rule is effective May 29, 2012.

Also, the FMCSA has withdrawn its proposed regulatory guidance for obstructive sleep apnea (OSA) and request for comment as published on April 20, 2012.  The Agency is still in the process of carefully reviewing the recommendations submitted by the Motor Carrier Safety Advisory Committee and Medical Review Board.  The initial publication was a clerical error.  They anticipate requesting public comment on the recommendations later this year.