Regulatory Law

Richard P. Schweitzer has developed programs for compliance with the Federal Motor Carrier Safety Regulations, the Hazardous Materials Regulations, and several regulatory schemes enforced by the Environmental Protection Agency. He regularly advises clients on all areas of FMCSR, HMR and EPA compliance, including drug and alcohol testing of commercial drivers. In recent years, Mr. Schweitzer’s regulatory practice has included the following:

  • He has drafted comments in numerous rulemaking proposals and testified in administrative hearings before the Federal Motor Carrier Safety Administration, Research and Special Programs Administration, Federal Transit Administration, Environmental Protection Agency, Occupational Safety and Health Administration, and the Food and Drug Administration.

  • Mr. Schweitzer has prepared comments on rulemakings involving commercial motor vehicle driver hours of service, security requirements for shippers and carriers of hazardous materials, and household goods carriage regulations, and advised clients on liability issues related to enhanced transportation security concerns.

  • He is a member of the Board of Directors of the Unified Carrier Registration Plan, which was tasked by Congress to establish new state motor carrier fees to fund safety enforcement and replace the Single State Registration System.

  • He served as a member of the Commercial Motor Vehicle Safety Regulatory Review Panel, a group that advised the Federal Highway Administration on uniformity of state motor carrier safety requirements.

  • He regularly represents clients in enforcement actions before the U.S. Department of Transportation and the Environmental Protection Agency on charges of federal regulatory violations.

  • The practice has responded on behalf of a client to federal grand jury subpoena in criminal investigation involving alleged violations of the HMR.

  • Mr. Schweitzer obtained a DOT exemption from the HMR for a satellite launch company to transport rocket parts and various explosives from Russia and Ukraine to the U.S. for integration and launch.

  • He advises motor carriers on state and federal requirements for longer and wider vehicles and tandem trailers, and represents carriers in enforcement proceedings involving vehicle dimensions.

  • He also represented carriers in proceedings before the IRS regarding the employment status of owner-operator truck drivers leased to motor carriers, and has successfully appealed IRS assessment determinations and advised motor carriers on how to restructure their relationships with owner-operators to avoid future liability.

  • He currently represents the intercity bus industry in disputes with local transit agencies on competitive charter and regular route service, litigates administrative claims under the charter bus regulations before the Federal Transit Administration, and has met with FTA counsel to revise policy on subsidized competition. He also has led a private sector delegation in a negotiated rulemaking to strengthen the restrictions on transit competition with private bus operators.

  • He represents medical gas distributors in an effort to ensure that the Food and Drug Administration complies with the Administrative Procedures Act in imposing regulatory requirements for the manufacture, handling and transportation of medical gases.

Mr. Schweitzer has developed regulatory compliance programs involving EPA underground storage tank requirements and community right-to-know laws.