(a) If the new entrant provides evidence of corrective action acceptable to the FMCSA within the time period provided in Sec. 385.319(c), including any extension of that period authorized under Sec. 385.323, the FMCSA will provide written notification to the new entrant that its DOT new entrant registration will not be revoked and it may continue operations.
(b) If a new entrant, after being notified that it is required to take corrective action to improve its safety management practices, fails to submit a written response demonstrating corrective action acceptable to FMCSA within the time specified in Sec. 385.319, and any extension of that period authorized under Sec. 385.323, FMCSA will revoke its new entrant registration and issue an out-of-service order effective on:
(1) Day 61 from the notice date for new entrants subject to Sec. 385.319(c)(1).
(2) Day 46 from the notice date for new entrants subject to Sec. 385.319(c)(2).
(3) If an extension has been granted under Sec. 385.323, the day following the expiration of the extension date.
(c) The new entrant may not operate in interstate commerce on or after the effective date of the out-of-service order. [67 FR 31983, May 13, 2002, as amended at 73 FR 76490, Dec. 16, 2008]