The audit part is adopted by name, and the clause that would name its administrator does not
Whether the federal new entrant program reaches a purely intrastate Louisiana carrier has two halves, and they give different answers. The part is adopted. The actor is not supplied.
The adoption list is at La. Admin. Code tit. 33, Part V, § 10303(A), and it is a named enumeration rather than a range. Among the parts it names by title is the one carrying safety fitness procedures, which is where the new entrant program lives, and the financial responsibility part is named too.
One feature of that list deserves care from anyone summarizing it. The enumeration is not continuous. Parts 394, 398 and 399 are absent from it, so describing the adoption as running from one number to another would sweep in three parts the rule does not name. It is a list, and it has to be read as one.
Now the second half. Section 10305(C)(4) is the clause that translates federal actors into Louisiana ones: it substitutes the state department and the state police wherever the rule text names the United States Department of Transportation, the Federal Highway Administration, the Federal Highway Administrator, the Director, the Bureau of Motor Carrier Safety, or the Office of Motor Carrier Safety.
Every name on that list belongs to an earlier era of federal organization. The agency that actually administers the safety fitness part today, and that is named throughout its new entrant subpart, is not on the list at all. So the substitution clause, read literally, does not reach the actor named in the very text the state has adopted.
The form-substitution clause at subsection (C)(5) is conditional in the same direction: where special federal forms or procedures are specified or required, the compatible state forms or procedures are substituted “if such are required by the state”. Nothing read in the chapter, or in the motor carrier safety statutes, says the state requires a new-entrant audit procedure.
The honest statement of the position is therefore split, and we leave it split rather than resolving it. The text of the audit part is Louisiana law for the intrastate cohort the extension reaches. Its administering actor is not supplied by the substitution clause, and no state procedure requiring the audit was found. Read yes at rule level; the operational question is open, and this page does not close it.
One sourcing note. The administrative code sections above were read through a legal-information mirror rather than through the state’s own publication of the code — a secondary rendering of a primary text, and we say so rather than implying a direct read.
- The adoption list names the safety fitness part, which houses the new entrant program, and the financial responsibility part.
- The list is discontinuous — Parts 394, 398 and 399 are absent — so it must not be described as a range.
- The actor-substitution clause names only earlier federal bodies.
- The agency named throughout the current new entrant subpart is not on that list.
- Form substitution applies only where the state requires such forms; nothing read says it does for this audit.
- Read yes at rule level; the operational question is open and is left open here.
- The code sections were read through a legal-information mirror rather than the state publication.