94-25145. Revision Of Application Procedures And Corresponding Regulations  

  • [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.
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    ----------------------------------------------------------------------
    
    APPLICANT SEEKS TO OPERATE AS (Check one or more)
    
    ------------------------------------------------------------------------
             Type of authority                    You must complete         
    ------------------------------------------------------------------------
    {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          
    ------------------------------------------------------------------------
    
    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.
    
    ----------------------------------------------------------------------
    (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
    
    
    

Document Information

Published:
10/12/1994
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-25145
Dates:
Comments are due November 1, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 12, 1994
CFR: (23)
49 CFR 1011.6(g)
49 CFR 1002.2
49 CFR 1160.1
49 CFR 1160.2
49 CFR 1160.3
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