[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25145]
[[Page Unknown]]
[Federal Register: October 12, 1994]
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INTERSTATE COMMERCE COMMISSION
49 CFR Parts 1002, 1160, 1161, 1162, and 1163
[Ex Parte No. 55 (Sub-No. 94)]1
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\1\Embraces Ex Parte No. 55 (Sub-No. 86), Revision of Licensing
Application Forms and Corresponding Regulations (Application Forms),
notice of proposed rulemaking, 57 FR 37761 (August 20, 1992),
supplemental notice of proposed rulemaking, 58 FR 48628 (September
17, 1993).
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Revision Of Application Procedures And Corresponding Regulations
AGENCY: Interstate Commerce Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission is proposing revisions to its standard
licensing application form (Form OP-1), amendments to the regulations
at 49 CFR parts 1002 and 1160, and elimination of the regulations at 49
CFR parts 1161, 1162, and 1163. The proposed revisions implement the
Trucking Industry Regulatory Reform Act (TIRRA), Title II of the
Hazardous Materials Transportation Act Amendments of 1994, Pub. L. 103-
311 (August 26, 1994), which significantly amended licensing standards
for non-household goods motor property carriers, effective January 1,
1995.
To accommodate the changes mandated by TIRRA, the Commission also
is proposing further modifications to the application procedures and
regulations involved in the ongoing Application Forms proceeding. The
Commission's decision and final rules adopted in this proceeding will
embrace and dispose of issues pending in the Application Forms
proceeding.
DATES: Comments are due November 1, 1994.
ADDRESSES: Send comments (an original and 15 copies), referring to Ex
Parte No. 55 (Sub-No. 94), to Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, 1201 Constitution Avenue NW.,
Washington, DC 20423.
FOR FURTHER INFORMATION CONTACT: Richard B. Felder, (202) 927-6373 or
Suzanne Higgins O'Malley, (202) 927-7597. [TDD for hearing impaired:
(202) 927-5721.]
SUPPLEMENTARY INFORMATION: In its August 1992 Application Forms notice
of proposed rulemaking, the Commission proposed to replace the Form OP-
1 with a series of six transportation mode-specific forms and to adopt
corresponding revisions to the agency's licensing regulations. In
particular, the proposed motor carrier application forms included
expanded safety fitness certification requirements for applicants that
were exempt from, or as-yet-unrated under, the U.S. Department of
Transportation (DOT) safety regulations.
In September 1993, the Commission issued a supplemental notice of
proposed rulemaking in the Application Forms proceeding, announcing its
intention to adopt the mode-specific application forms and regulatory
changes substantially as proposed, including the expanded safety
fitness certifications. At that time, the Commission invited public
comment on further revisions to the proposed motor property carrier
form to recognize revisions to DOT's hazardous materials commodity
classifications and corresponding liability insurance coverage for
transporters of those commodities.
Legislative Reforms
As the agency was preparing to issue a final decision and rules in
the Application Forms proceeding, Congress enacted TIRRA, changing the
licensing standards and procedures for motor property carriers of
commodities other than household goods. Specifically, TIRRA's Sections
207 [adding a new 49 U.S.C. 10922(b)] and 208 [adding a new 49 U.S.C.
10923(b)] respectively eliminate the public need/public interest
licensing standards for non-household goods motor property common and
contract carriers and substitute fitness-based standards. Effective
January 1, 1995, the Commission is directed to issue authorities upon a
finding that the applicant is in compliance with:
(1) The Interstate Commerce Act, Commission regulations, and any safety
requirements imposed by the Commission;
(2) DOT safety fitness requirements; and
(3) Minimum financial responsibility requirements established by the
Commission under 49 U.S.C. 10927.
Expedited Licensing Procedures
Under TIRRA the application process can be shortened and
dramatically simplified. The revised licensing procedures proposed here
envision processing only those applications filed by entities with
acceptable DOT safety fitness ratings or, in the case of unrated or
exempt applicants, those certifying their safety compliance. In a break
with past practice, we will require each applicant to obtain the
insurance certificate from the insurance company and file it along with
the application form. While we believe this approach is beneficial, we
will give individuals the opportunity to comment on whether it is
feasible and whether it maintains the integrity of the insurance
compliance system. Also, at the time of filing, all applications must
be accompanied by process agent filings.
Up front filing of insurance information and a list of process
agents will allow the Commission to compress the time required to
handle applications and confine the process to qualified applicants who
are prepared to enter the trucking industry. Safety compliance can be
verified easily by Commission staff before applications are processed.
As an extra safeguard that applicants are making bona fide insurance
filings, we will include the name of the insurance carrier in the ICC
Register notice.
With the basic licensing standards confirmed prior to processing
and publication of an application, the remainder of the licensing
process can be sharply reduced. By law, protests are limited to
evidence that an applicant fails or will fail to meet the fitness entry
standards. The proposed revised application form and regulations,
therefore, also eliminate those features of the licensing process--such
as extended protest periods and pre-licensing review of carrier control
relationships--that would unreasonably prolong or not contribute to
basic fitness assessments. The brief protest period will allow us to
hear from insurance companies that question applicants' filings or
others who may have information to supplement DOT's safety information.
Almost 15 years of eased entry requirements under the Motor Carrier
Act of 1980 have produced a licensing docket where each year less than
a dozen of the approximately 17,000 applications filed are opposed. A
brief protest period should suffice to identify the limited number of
applications that deserve strict screening.
Moreover, common control information is not necessary in applying
the TIRRA licensing standards. Commonly controlled carriers with
``Unsatisfactory'' safety fitness ratings are prioritized by DOT for
continuing safety fitness oversight, and those transporting hazardous
materials or passengers, in particular, either must achieve an improved
safety fitness rating in a limited time period or be placed out of
service by DOT. Those with insurance problems will be identified
through our existing insurance monitoring program. Nevertheless, we are
including an ``Affiliations'' question to be sure that carriers with
poor safety compliance records do not attempt to reenter under a
different name.
Also, under TIRRA, non-household goods property carriers no longer
need to file tariffs for individually- determined rates. Tariff filing
is required only for collectively-determined rates. Therefore, we are
eliminating the requirement for newly-authorized common carriers to
file tariffs prior to commencing operations under their certificates.
We believe that the expedited application procedures in the revised
rules set forth below and the proposed simplified Form OP-1 set forth
in the Appendix incorporate TIRRA reforms and otherwise will preserve
the integrity of the licensing process.
For applications with more extensive pre-licensing information
(household goods property carriers, certain categories of passenger
carriers, brokers, freight forwarders of household goods, and water
carriers), we will use mode-specific schedules that applicants must
append to their basic Form OP-1 filings. We believe that this approach
will preserve the advantages of the mode-specific format endorsed by
the public in our Application Forms proceeding without complicating the
licensing process mandated under TIRRA.
The new procedures shift compliance screening from the end of the
process to the beginning by requiring applicants to establish their
safety fitness, submit proof of insurance, and designate process agents
at the time they file their applications. Consistent with this change,
we have revised the Applicant's Oath in the proposed Form OP-1 to
clarify that it embraces all supplemental filings and documentation. We
also have included in the oath the applicant's certification that it is
not domiciled in Mexico nor is it owned or controlled by persons of
Mexico.
Practical Reforms
The reforms proposed here will be coupled with several practical
adjustments to the agency's automated data and recordkeeping systems.
First, the Commission will simultaneously enter application information
and insurance records in its automated data system.
Second, we will merge DOT's safety fitness data into our automated
data system more frequently to confirm motor carrier applicants' DOT
safety fitness ratings. This information will continue to be checked
upon initial receipt of each application. Filings by applicants with
``Unsatisfactory'' safety fitness ratings will be rejected summarily.
Third, in view of the substantially reduced protest period (from 45
to 5 days), we will permit protestants to FAX their initial
submissions, followed by a signed original and one copy for Commission
records. Reply and rebuttal evidence, where permitted, likewise may be
FAXed.
Finally, with TIRRA's elimination of public need/public interest
standards, we will no longer publish specific caption summaries or
issue authorities with specific service descriptions to the vast
majority of applicants. Applicants will be issued certificates or
permits to operate as interstate common or contract carriers. All non-
household goods motor property applicants that conform with fitness
requirements will be authorized to transport general commodities
between points in the United States. The extent of each applicant's
hazardous materials authority will correspond to the level of bodily
injury and property damage insurance coverage reflected in the Form
BMC-91 or 91X filed with the application, as indicated in the ICC
Register licensing request notice.
Service descriptions for licensing categories not affected by
TIRRA--for example, passenger carrier special and charter service,
general commodities and household goods property brokerage, and
household goods freight forwarding--also will be standardized. This
change should further simplify the pre-licensing review process and
streamline application notices and authorities.
Temporary Operating Authority
Simplifying licensing procedures, deleting the public need/public
interest standards, and expediting time frames for issuing operating
authority as proposed here largely eliminate the need for the
Commission's existing temporary and emergency temporary authority
procedures. Temporary authority (TA) and emergency temporary authority
(ETA) are sought and granted routinely because of the amount of time it
takes to obtain permanent authority. With the enactment of TIRRA we
will use our discretion under 49 U.S.C. 10928 to confine TAs to their
original limited, intended purpose.
Accordingly, we also propose to eliminate the regulations at 49 CFR
parts 1162 and 1163 governing TA and ETA applications. However, we will
continue to entertain TA requests for motor and water carrier authority
in those rare instances (i.e., natural disasters or national
emergencies) where an applicant can document an immediate need for its
service that cannot be met by an existing carrier and for which service
must be available in less than the 30 days we anticipate will be
required to process fully a permanent authority application under the
procedures proposed here.
Essentially, the greatly curtailed TA process noted in the proposed
regulations at 49 CFR 1160.4(g) would displace what has been known as
ETA. We expect that any such filings can be acted upon by the
Commission's regional offices (see 49 CFR 1011.6(f)(1)) within 5
business days of their receipt, the time frame generally allotted for
ETAs under current practices.
Comments
We invite public comment on the licensing reforms proposed here. We
have provided for a 20-day comment period. This should ensure that the
Commission has sufficient time to review the comments and devise final
application forms and procedures prior to the January 1, 1995 effective
date of TIRRA's revised licensing standards. The final decision and
rules issued in this proceeding will include matters addressed in the
pending Application Forms proceeding.
Environmental and Energy Analysis
We preliminarily conclude that the proposed action will not
significantly affect either the quality of the human environment or the
conservation of energy resources. Nevertheless, we specifically invite
parties to comment on these issues.
Initial Regulatory Flexibility Analysis
Under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. [RFA],
the Commission is required to examine specifically the impact of a
proposed action on small businesses and small organizations. We expect
that the proposed revised application form and corresponding
regulations will result in significant cost savings to both applicants
and the Commission over the long term and will present immediate
benefits in terms of simplified administrative processes and expedited
licensing procedures.
Despite the clear prospects for cost savings and enhanced
administrative efficiencies, we do not anticipate that the proposal
will have a significant economic impact as contemplated by RFA
standards. The projected impact on individual small entities, albeit
positive, will be incremental and clearly not substantial within the
meaning of RFA.
Under 5 U.S.C. 605(b), we, therefore, preliminarily conclude that
our proposed action will not have a significant economic impact on a
substantial number of small entities. We invite and will consider
comments on this issue.
Paperwork Reduction Analysis
This notice of proposed rulemaking will be submitted to the Office
of Management and Budget (OMB) for review under Section 3504(h) of the
Paperwork Reduction Act of 1980 [44 U.S.C. Chapter 35].
We estimate that an average of 2.5 burden hours will be required to
complete the proposed Form OP-1 and provide pertinent supplemental
evidence, as compared with 4 burden hours for the application form
currently used. This expected reduction in response time is
attributable not only to elimination of the public need/public interest
evidence requirements for non-household goods motor property
applicants, as mandated by TIRRA, but also to the simplified response
format and the self-contained application, supplements, and
instructions. Accordingly, we anticipate that the reduced completion
burden will be realized by applicants in all motor carrier industry
segments, not merely those directly affected by TIRRA.
The annual reporting burden ascribed to the Form OP-1 in the
current OMB inventory is 64,000 hours, based on an estimate of 4 burden
hours per filing and 16,000 Form OP-1 filings per year at the time the
estimate was submitted. We anticipate that this annual reporting burden
will be reduced to approximately 42,500 hours.
This estimate is based on our expectation that licensing
application filings will rise slightly over those recorded in fiscal
year 1993 (to approximately 18,000). This projection reflects at least
a short-term increased interest in obtaining motor common carrier
authority due to TIRRA's elimination of individual tariff filing
requirements for non-household goods motor property carriers.
The estimated burden hours include time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. The
reduced reporting burden estimated here does not reflect further
reductions in the Commission's overall reporting burden occasioned by
the elimination of ETA filings and the significant projected reduction
in TA filings.
The information collection requirements contained in this proposal
will be submitted to OMB for review under the Paperwork Reduction Act
of 1980 and 5 CFR Part 1320. Comments concerning the paperwork burden
and burden-hour estimates in this proposal may be directed to OMB and
the Commission, respectively, at: Office of Management and Budget,
Office of Information and Regulatory Affairs, Attn: Ed Clark, Desk
Officer, (Forms-3120-0047), Washington, DC 20503 and Interstate
Commerce Commission, Forms Clearance Officer, 1201 Constitution Avenue,
N.W., Washington, DC 20423.
List of Subjects
49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information, User fees.
49 CFR Part 1160
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Motor carriers.
49 CFR Part 1161
Administrative practice and procedure, Buses, Motor carriers.
49 CFR Part 1162
Administrative practice and procedure, Maritime carriers, Motor
carriers.
49 CFR Part 1163
Administrative practice and procedure, Motor carriers.
Decided: October 5, 1994.
By the Commission, Chairman McDonald, Vice Chairman Phillips,
and Commissioners Simmons and Morgan.
Vernon A. Williams,
Acting Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
parts 1002, and 1160 are proposed to be amended as follows and under
the authority of 49 U.S.C. 10321, parts 1161, 1162, and 1163 are
proposed to be removed.
PART 1002--FEES
1. The authority citation for part 1002 continues to read as
follows:
Authority: 5 U.S.C. 552(a)(4)(A), 5 U.S.C. 553, 31 U.S.C. 9701,
and 49 U.S.C. 10321.
2. In Sec. 1002.2, paragraph (c) is proposed to be revised to read
as follows:
Sec. 1002.2 Filing fees.
* * * * *
(c) Fees not refundable. Fees will be assessed for every filing in
the type of proceeding listed in the schedule of fees contained in
paragraph (f) of this section, subject to the exceptions contained in
paragraphs (d) and (e) of this section. After the application,
petition, notice, tariff, contract, or other document has been accepted
for filing by the Commission, the filing fee will not be refunded,
regardless of whether the application, petition, notice, tariff,
contract, or other document is granted or approved, denied, rejected
before docketing, dismissed, or withdrawn. If an individual exemption
proceeding becomes a matter of general applicability and is handled
through the rulemaking process, the Commission will refund the filing
fee.
* * * * *
3. Part 1160 is proposed to be revised to read as follows:
PART 1160--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
Subpart A--How to Apply for Operating Authority
Sec.
1160.1 Applications governed by these rules.
1160.2 Modified procedure.
1160.3 Starting the application process: Form OP-1.
1160.4 Types of applications.
1160.5 Commission review of the application.
1160.6 Appeals to rejections of the application.
1160.7 Changing the request for authority or filing supplementary
evidence after the application is filed.
1160.8 After publication in the ICC Register.
1160.9 Obtaining a copy of the application.
1160.10 Opposed applications.
1160.11 Filing a reply statement.
1160.12 Applicant withdrawal.
Subpart B--How to Oppose Requests for Authority
1160.40 Definitions.
1160.41 Time for filing.
1160.42 Contents of the protest.
1160.43 Withdrawal.
Subpart C--General Rules Governing the Application Process
1160.60 Applicable rules.
1160.61 Contacting another party.
1160.62 Serving copies of pleadings.
1160.63 Replies to motions.
1160.64 FAX filings.
Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
10101, 10305, 10321, 10921, 10922, 10923, 10924, 10928, and 11102.
Subpart A--How to Apply for Operating Authority
Sec. 1160.1 Applications governed by these rules.
These rules govern the handling of applications for operating
authority of the following type:
(a) Applications for certificates and permits to operate as a motor
common or contract carrier of property or passengers.
(b) Applications for permits to operate as a household goods
freight forwarder.
(c) Applications for certificates, permits, and exemptions for
water carrier transportation of property and passengers.
(d) Applications for licenses to operate as a broker of motor
vehicle transportation.
(e) Applications for certificates under 49 U.S.C. 10922 (c)(2)(A)
to operate as a motor common carrier of passengers in intrastate
commerce on a route over which applicant holds interstate authority as
of November 19, 1982.
(f) Applications for certificates under 49 U.S.C. 10922(c)(2)(B) to
operate as a motor common carrier of passengers in intrastate commerce
on a route over which applicant has been granted or will be granted
interstate authority after November 19, 1982.
(g) Applications for temporary motor and water carrier authority.
Sec. 1160.2 Modified procedure.
The Commission will handle licensing application proceedings using
the modified procedure, if possible. The applicant and protestants send
statements made under oath (verified statements) to each other and to
the ICC. There are no personal appearances or formal hearings.
Sec. 1160.3 Starting the application process: Form OP-1.
(a) All applicants shall use Form OP-1. [Effective date will be
stated in final rules.]
(b) Obtain the form at Commission regional and field offices, or
call the Commission's automated response number at (202) 927-7600.
Sec. 1160.4 Types of applications.
(a) Fitness applications. Motor property applications and certain
types of motor passenger applications require only the finding that the
applicant is fit, willing and able to perform the involved operations
and to comply with all applicable statutory and regulatory provisions.
These applications can be opposed only on the grounds that applicant is
not fit [e.g., is not in compliance with applicable financial
responsibility (insurance or surety bond) and safety fitness
requirements]. These applications are:
(1) Motor common and contract carrier of property (except household
goods) and motor contract carrier of passengers transportation.
(2) Motor carrier brokerage of general commodities (except
household goods).
(3) Certain types of motor passenger applications as described in
Form OP-1, Schedule B.
(b) Motor passenger ``public interest'' applications as described
in Form OP-1, Schedule B.
(c) Intrastate motor passenger applications under 49 U.S.C.
10922(c)(2)(A) as described in Form OP-1, Schedule B.
(d) Motor common carrier of household goods applications. These
applications require a finding that:
(1) The applicant is fit, willing, and able to provide the involved
transportation and to comply with all applicable statutory and
regulatory provisions; and
(2) The service proposed will serve a useful public purpose,
responsive to a public demand or need.
(e) Motor contract carrier of household goods, water contract
carrier, household goods property broker, and household goods freight
forwarder applications. These applications require a finding that:
(1) The applicant is fit, willing, and able to provide the involved
transportation and to comply with all applicable statutory and
regulatory provisions; and
(2) The transportation to be provided will be consistent with the
public interest and the national transportation policy of 49 U.S.C.
10101.
(f) Water common carrier applications. These applications require a
finding that:
(1) The applicant is fit, willing, and able to provide the involved
transportation and to comply with all applicable statutory and
regulatory provisions; and
(2) The transportation to be provided is or will be required by
present or future public convenience and necessity.
(g) Temporary authority (TA) for motor and water carriers. These
applications require a finding that there is or soon will be an
immediate transportation need that cannot be met by existing carrier
service.
Note: In view of the expedited time frames established in this
part for processing requests for permanent authority, applications
for TA will be entertained only in exceptional circumstances (i.e.,
natural disasters or national emergencies) when evidence of
immediate service need can be specifically documented in a narrative
supplement appended to Form OP-1. TA applications must be filed with
the Regional Office which has jurisdiction over the area in which
applicant's headquarters are located. Initial determinations of TA
applications will be made by a Regional Motor Carrier Board.
Sec. 1160.5 Commission review of the application.
(a) ICC staff will review the application for correctness,
completeness, and adequacy of the evidence (the prima facie case).
(1) Minor errors will be corrected without notification to the
applicant.
(2) Materially incomplete applications will be rejected.
Applications that are in substantial compliance with these rules may be
accepted.
(3) All motor carrier applications will be reviewed for consistency
with the Commission's operational safety fitness policy. Applicants
with ``Unsatisfactory'' safety fitness ratings from DOT will have their
applications rejected.
(4) An employee board of the Commission appointed under
Sec. 1011.6(g) will review completed applications that conform with the
Commission's safety fitness policy and that are accompanied by evidence
of adequate financial responsibility.
(5) Financial responsibility is indicated by filing with the
application form:
(i) Form BMC-91 or 91X or BMC 82 surety bond--Bodily injury and
property damage (motor property and passenger carriers; household goods
freight forwarders that provide pickup or delivery service directly or
by using a local delivery service under their control).
(ii) Form BMC-84--Surety bond or Form BMC-85--trust fund agreement
(property brokers of general commodities and household goods).
(iii) Form BMC-34 or BMC 83 surety bond--Cargo liability (motor
property common carriers and household goods freight forwarders).
(6) All applications also must be accompanied by Form BOC-3--
designation of legal process agents.
(b) A summary of the application will be published as a preliminary
grant of authority in the ICC Register to give notice to the public in
case anyone wishes to oppose the application.
Sec. 1160.6 Appeals to rejections of the application.
(a) An applicant has the right to appeal rejection of the
application. The appeal must be filed at the Commission within 10 days
of the date of the letter of rejection.
(b) If the appeal is successful and the filing is found to be
proper, the application shall be deemed to have been properly filed as
of the decision date of the appeal.
Sec. 1160.7 Changing the request for authority or filing supplementary
evidence after the application is filed.
(a) Once the application is filed, the applicant may supplement
evidence only with approval of the Commission.
(b) Amendments to the application generally are not permitted, but
in appropriate instances may be entertained at the discretion of the
Commission.
Sec. 1160.8 After publication in the ICC Register.
(a) Interested persons have 5 days from the date of ICC Register
publication to file protests. See Subpart B of this part.
(b) If no one opposes the application, the grant published in the
ICC Register will become effective by issuance of a certificate,
permit, or license.
Sec. 1160.9 Obtaining a copy of the application.
After publication, interested persons may request a copy of the
application by writing to the Commission-designated contract agent (as
identified in the ICC Register), Room 2229, Interstate Commerce
Commission Building.
Sec. 1160.10 Opposed applications.
If the application is opposed, opposing parties are required to
send a copy of their protest to the applicant.
Sec. 1160.11 Filing a reply statement.
(a) If the application is opposed, applicant may file a reply
statement. This statement is due within 15 days after ICC Register
publication.
(b) The reply statement may not contain new evidence. It shall only
rebut or further explain matters previously raised.
(c) The reply statement need not be notarized or verified.
Applicant understands that the oath in the application form applies to
all evidence submitted in the application. Separate legal arguments by
counsel need not be notarized or verified.
Sec. 1160.12 Applicant withdrawal.
If the applicant wishes to withdraw an application, it shall
request dismissal in writing.
Subpart B--How To Oppose Requests for Authority
Sec. 1160.40 Definitions.
A person wishing to oppose a request for permanent authority files
a protest. A person filing a valid protest becomes a protestant.
Sec. 1160.41 Time for filing.
A protest shall be filed (received at the Commission) within 5 days
after notice of the application appears in the ICC Register. A copy of
the protest shall be sent to applicant's representative at the same
time. Failure timely to file a protest waives further participation in
the proceeding.
Sec. 1160.42 Contents of the protest.
(a) All information upon which the protestant plans to rely is put
into the protest.
(b) A protest must be verified, as follows:
I, ________________, verify under penalty of perjury under laws
of the United States of America, that the information above is true
and correct. Further, I certify that I am qualified and authorized
to file this protest. (See 18 U.S.C. 1001 and 18 U.S.C. 1621 for
penalties.)
(Signature and Date)
(c) A protest not in substantial compliance with applicable
statutory standards or these rules may be rejected.
(d) Protests must respond directly to the statutory standards for
Commission review of the application. As these standards vary for
particular types of applications, potential protestants should refer to
the general criteria addressed at Sec. 1160.4 and may consult the
Commission at (202) 927-7600 for further assistance in developing their
evidence.
Sec. 1160.43 Withdrawal.
A protestant wishing to withdraw from a proceeding shall inform the
Commission and applicant in writing.
Subpart C--General Rules Governing the Application Process
Sec. 1160.60 Applicable rules.
Generally, all application proceedings are governed by the
Commission's Rules of Practice at 49 CFR parts 1100 through 1119 except
as designated below.
Sec. 1160.61 Contacting another party.
When a person wishes to contact a party or serve a pleading or
letter on that party, it shall do so through its representative. The
phone and FAX numbers and address of applicant's representative shall
be listed in the ICC Register.
Sec. 1160.62 Serving copies of pleadings.
(a) An applicant must serve all pleadings and letters on the
Commission and all known participants in the proceeding, except that a
reply to a motion need only be served on the moving party.
(b) A protestant need serve only the Commission and applicant with
pleadings or letters.
Sec. 1160.63 Replies to motions.
Replies to motions filed under this part are due within 5 days of
the date the motion is filed at the Commission.
Sec. 1160.64 FAX filings.
FAX filings of applications and supporting evidence are not
permitted. To assist parties in meeting the expedited time frames
established for protesting an application, however, the Commission will
accept FAX filings of protest and any reply or rebuttal evidence. FAX
filings of these pleadings must be followed by the original document
for Commission recordkeeping purposes.
Parts 1161, 1162, and 1163 [Removed]
6. Parts 1161, 1162, and 1163 are proposed to be removed.
Appendix A--Will Not Be Published in CFR
INTERSTATE COMMERCE COMMISSION APPLICATION FOR AUTHORITY
For Commission Use only
Docket No. MC----------------------------------------------------------
Filed------------------------------------------------------------------
Fee No.----------------------------------------------------------------
GENERAL INFORMATION TO BE COMPLETED BY ALL APPLICANTS
DO YOU NOW HAVE AUTHORITY FROM OR AN APPLICATION FOR PENDING BEFORE THE
ICC
{time} YES {time} NO
If YES, identify the lead docket number or numbers: __________
----------------------------------------------------------------------
Name of Applicant:-----------------------------------------------------
Applicant Doing Business As:-------------------------------------------
FORM OF BUSINESS (Check only one):
{time} CORPORATION. State of incorporation __________________
{time} PARTNERSHIP. Identify partners __________________
----------------------------------------------------------------------
{time} SOLE PROPRIETORSHIP. Name of individual __________________
----------------------------------------------------------------------
Business location (Telephone Number)
----------------------------------------------------------------------
Mailing address (if different from above)
----------------------------------------------------------------------
Representative: Person to whom inquiries may be made
----------------------------------------------------------------------
(Name)
----------------------------------------------------------------------
(Title, position, or relationship to applicant)
----------------------------------------------------------------------
(Street/P.O. Box)
----------------------------------------------------------------------
(City) (State)
----------------------------------------------------------------------
(Zip Code) (Telephone Number)
----------------------------------------------------------------------
REGISTRATATION WITH U.S. DEPARTMENT OF TRANSPORTATION
You are required to register with the U.S. Department of
Transportation (U.S. DOT) within 90 days of initiating motor carrier
operations. U.S. DOT will issue you a registration number. (See page
__________ of instructions for how to register.)
If you already have been issued a U.S. DOT number, provide it
here:__________________
AFFILIATIONS
Disclose any relationship between applicant, any person having
an interest in applicant, and/or any other ICC regulated
transportation company (for example, percentage stock ownership,
loans, voting, or management arrangements) within the last three
years. Provide ICC docket numbers (license numbers), and if
applicable, U.S. DOT numbers of involved companies and indicate U.S.
DOT safety fitness ratings of all commonly controlled motor
carriers.
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APPLICANT SEEKS TO OPERATE AS (Check one or more)
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Type of authority You must complete
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{time} MOTOR PROPERTY COMMON This entire form
CARRIER.
{time} MOTOR PROPERTY CONTRACT This entire form
CARRIER.
{time} HOUSEHOLD GOODS CARRIER..... This entire form and Schedule A
{time} PROPERTY BROKER............. Oath and filing fee information
below
{time} HOUSEHOLD GOODS BROKER...... Oath and filing fee information
below and Schedule B
{time} MOTOR PASSENGER CARRIER..... Safety Fitness Evidence, oath and
filing fee information below and
Schedule C
{time} WATER CARRIER............... Oath and filing fee information
below and Schedule D
{time} HOUSEHOLD GOODS FREIGHT Oath and filing fee information,
FORWARDER. insurance information below (only
if you operate or control vehicles
performing pickup and delivery
services) and Schedule E
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HAZARDOUS MATERIALS AUTHORITY (See page ______ of instructions before
completing.)
INSURANCE INFORMATION
Note: The section must be completed by ALL motor property
carrier applicants and form BMC-91 or BMC-91X (obtained from your
insurance company) must be filed with this application. The dollar
amounts in parentheses represent the minimum amount of bodily injury
and property damage insurance you must maintain. (See page
__________ of instructions for further information about additional
insurance requirements.)
Check one or more boxes, as applicable to your operations:
{time} Will use vehicles with Gross Vehicle Weight Ratings (GVWR)
of 10,000 pounds or more to transport (Check one):
{time} Non-hazardous commodities ($750,000).
{time} Hazardous materials referenced in the Commission's insurance
regulations at 49 CFR 1043.2(b)(2)(c) ($1,000,000).
{time} Hazardous materials referenced in the Commission's insurance
regulations at 49 CFR 1043.2(b)(2)(b) ($5,000,000).
{time} Will use only vehicles having GVWR under 10,000 pounds; and
{time} Will transport any quantity of Class A or B explosives, any
quantity of poison gas (Poison A), or highway route-controlled
quantity of radioactive materials ($5,000,000).
{time} Will transport commodities other than those listed above
($300,000).
SAFETY FITNESS EVIDENCE
Applicants for motor carrier authority must provide the Safety
Certification requested below. If you currently have a U.S. DOT
safety fitness rating of ``Unsatisfactory'' the Commission cannot
process your application. DO NOT APPLY FOR AUTHORITY UNTIL YOU
RECEIVE AN IMPROVED SAFETY FITNESS RATING.
SAFETY CERTIFICATION
If your operations are subject to the Federal safety fitness
standards as defined in U.S. DOT regulations (49 CFR Parts 390-399),
and even if you have not yet received a safety fitness rating, you
must certify as follows:
Applicant has access to and is familiar with all applicable U.S.
DOT regulations relating to the safe operation of commercial
vehicles and the safe transportation of hazardous materials, and it
will comply with these regulations. In so certifying, applicant is
verifying that, at a minimum, it:
(1) Has in place a system and an individual responsible for ensuring
overall compliance with Federal motor carrier safety fitness
regulations;
(2) Can produce a copy of the Federal Motor Carrier Safety
Regulations and the Hazardous Materials Transportation Regulations;
(3) Has in place a driver safety training/orientation program;
(4) Is familiar with and has in place a system for complying with
U.S. DOT regulations governing notification and reporting of
accidents (49 CFR Part 394);
(5) Is familiar with U.S. DOT regulations governing driver
qualifications and has in place a system for overseeing driver
qualification requirements (49 CFR Part 391);
(6) Has in place policies and procedures consistent with U.S. DOT
regulations governing driving and operational safety of motor
vehicles, including drivers' hours of service and vehicle
inspection, repair, and maintenance (49 CFR Parts 392, 395, and
396).
{time} YES
EXEMPT APPLICANTS--If you will operate only small vehicles (GVWR
of 10,000 pounds or less) and thus are exempt by U.S. DOT
regulations from the Federal safety fitness regulations, you must
certify as follows:
Applicant is familiar with and will observe U.S. DOT general
operational safety fitness guidelines, as well as any applicable
State laws and regulations relating to the safe operation of
commercial motor vehicles.
{time} Yes
APPLICANT'S OATH
I, ______________________________, verify------------------------------
(Name and Title of Witness)
under penalty of perjury, under the laws of the United States of
America, that all information supplied on this form or relating to
this application is true and correct. Further, I certify that I am
qualified and authorized to file this application. I know that
willful misstatements or omissions of material facts constitute
Federal criminal violations punishable under 18 U.S.C. 1001 by
imprisonment up to 5 years and fines up to $10,000 for each offense.
Additionally, these misstatements are punishable as perjury under 18
U.S.C. 1621, which provides for fines up to $2,000 or imprisonment
up to 5 years for each offense. (NOTE: this oath embraces all
schedules and supplemental filings to this application.)
I further certify, under penalty of perjury under the laws of
the United States, that I have not been convicted, after September
1, 1989, of any Federal or State offense involving the distribution
or possession of a controlled substance, or that if I have been so
convicted I am not ineligible to receive Federal Benefits, either by
court order or operation of law, under 21 U.S.C. 853a.
Finally, I certify that applicant is not domiciled in Mexico or
owned or controlled by persons of that country.
Note: Signature must be that of applicant, not legal
representative.
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(Signature & Date)
FILING FEE INFORMATION
APPLICATION FOR AUTHORITY
$300
You must submit a $300 filing fee for each type of authority
requested. Fees for multiple applications may be combined in a
single payment.
INDICATE AMOUNT $____________ AND METHOD OF PAYMENT:
{time} CHECK or {time} MONEY ORDER made payable to Secretary,
Interstate Commerce Commission.
{time} VISA {time} MASTER CARD
Credit Card No.--------------------------------------------------------
Expiration Date:-------------------------------------------------------
Signature:-------------------------------------------------------------
Date:------------------------------------------------------------------
[FR Doc. 94-25145 Filed 10-11-94; 8:45 am]
BILLING CODE 7035-01-P