386.1—Scope of the rules in this part.
(a)
The rules in this part govern proceedings before the Assistant Administrator, who also acts as the Chief Safety Officer of the Federal Motor Carrier Safety Administration (FMCSA), under applicable provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) ( 49 CFR parts 350-399 ), including the commercial regulations ( 49 CFR parts 360-379 ), and the Hazardous Materials Regulations ( 49 CFR parts 171-180 ).
(1)
To determine whether a motor carrier, intermodal equipment provider (as defined in § 390.5 of this chapter ), property broker, freight forwarder, or its agents, employees, or any other person subject to the jurisdiction of FMCSA, has failed to comply with the provisions or requirements of applicable statutes and the corresponding regulations; and
(2)
To issue an appropriate order to compel compliance with the statute or regulation, assess a civil penalty, or both, if such violations are found.
[73 FR 76819, Dec. 17, 2008]