Pub. L. 109-59, tit. IV, subtit. A, sec. 4104
REVOCATION OF OPERATING AUTHORITY.
SEC. 4104. REVOCATION OF OPERATING AUTHORITY. Section 13905(e) of title 49, United States Code, is amended—(1) by striking paragraph (1) and inserting the following:“(1) Protection of safety.—Notwithstanding subchapter II of chapter 5 of title 5, the Secretary—“(A) may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(c) 119 STAT. 1717 or 13906 or an order or regulation of the Secretary prescribed under those sections; and“(B) shall revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of section 31144.”;(2) in paragraph (2) by striking “may suspend a registration” and inserting “shall revoke the registration”; and(3) by striking paragraph (3) and inserting the following:“(3) Notice; period of suspension.—The Secretary may suspend or revoke under this subsection the registration only after giving notice of the suspension or revocation to the registrant. A suspension remains in effect until the registrant complies with the applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes the suspension.”.