[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Notices]
[Pages 13894-13895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3895]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Informal Hearing Implementation Process

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Motor Carrier Safety Administration's (FMCSA) 
final rule revising 49 CFR part 386, ``Rules of Practice for Motor 
Carrier, Broker, Freight Forwarder, and Hazardous Materials 
Proceedings'' (Rules of Practice), published on May 18, 2005, became 
effective on November 14, 2005. As revised, the Rules of Practice 
permit a respondent in a civil penalty proceeding to request an 
informal hearing as an alternative to either a request for a formal 
hearing or a request to submit written evidence without a hearing. The 
Rules of Practice, however, do not prescribe specific procedures for 
conducting informal hearings.
    As the informal hearing process is a new alternative for motor 
carriers, FMCSA will implement this alternative in two phases. This 
approach allows FMCSA to carefully evaluate and refine, as necessary, 
how the informal hearing process is conducted.
    During the first phase of implementation, FMCSA will only consider 
requests for an informal hearing from respondents with a principal 
place of business within the FMCSA Midwest Service Center's 
geographical area. The Midwest Service Center's geographical area 
encompasses the States of Illinois, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Nebraska, Ohio and Wisconsin. The second phase, 
nationwide implementation, will begin within one year of the effective 
date of the Rules of Practice. FMCSA will publish a notice of its 
nationwide implementation in the Federal Register.
    FMCSA will consider any request for an informal hearing received by 
FMCSA before the publication date of this notice during the first phase 
of implementation, regardless of the location of respondent's principal 
place of business.
    When an informal hearing request is granted, the hearing officer 
will provide

[[Page 13895]]

written information to each respondent about the procedures that will 
govern the hearing.

DATES: The first phase will begin on March 17, 2006 and will end 
September 18, 2006. The second phase will begin by November 14, 2006.

    Issued on: March 13, 2006.
Annette M. Sandberg,
Administrator.
[FR Doc. E6-3895 Filed 3-16-06; 8:45 am]
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