[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 58946-58947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28877]
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DEPARTMENT OF DEFENSE
Department of the Army
Movement of Foreign Military Sales (FMS) Shipments--Proposed
Policy Change
AGENCY: Military Traffic Management Command.
ACTION: Notice.
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SUMMARY: The Military Traffic management command (MTMC) proposes to
change the application of the Guaranteed Traffic (GT) and related
freight movement programs to include movement of Foreign Military Sales
(FMS) material. This proposed new policy was previously announced in
the Federal Register on December 13, 1995, but was declared invalid on
substantive and procedural grounds by the United States District Court
for the District of Columbia in the case of Munitions Carriers
Conference, Inc., et al versus United States of America 932F. Supp. 334
(D.D.C. June 19, 1996) (``MTMC I''). The government's appeal of that
decision is presently pending before the United States Court of Appeals
for the District of Columbia Circuit in Appeal No. 97-5119.
Accordingly, MTMC does not propose to put the proposed policy into
effect unless and until the District Court's decision in MTMC I is
modified or reversed on appeal. The instant notice of proposed policy
change is nevertheless being published at this time both to provide an
opportunity for public comment on the proposed policy, and in an effort
to address certain jurisdictional issues that might otherwise interfere
with meaningful judicial review of the District Court's substantive
ruling in MTMC I.
The policy change, if adopted, will be effective for new movements
and for resolicited MTMC GT freight solicitations no earlier than 60
days after publication of this notice. This policy change will also
apply, if adopted, to all other applicable effective MTMC GT movements
and related freight movement programs. Carriers performing under
existing GT agreements and related freight movement programs will be
given the opportunity to voluntarily participate in the FMS movements.
FMS movements will only be offered to those carriers who voluntarily
participate. This policy change is the result of congressional repeal
of most tariff requirements for motor carriers (other than carriers of
household goods) in the Interstate Commerce Act.
DATES: This policy change, if adopted, will be effective no earlier
than December 30, 1997. Interested parties are requested to submit
comments on this proposal. All comments submitted within 60 days of
publication of this notice will be considered prior to any decision on
whether to adopt this proposal.
ADDRESSES: Comments should be addressed to Headquarters, Military
Traffic Management Command, Room 117, 5611 Columbia Pike, Falls Church,
VA 22041-5050, ATTN: MTTM-D (Barbara McGinnis).
FOR FURTHER INFORMATION CONTACT:
Ms. Barbara McGinnis, (703) 681-6103.
[[Page 58947]]
SUPPLEMENTARY INFORMATION: Historically, the Interstate Commerce Act
provided that carriers could provide transportation only at the rates
set forth in a tariff filed with the Interstate Commerce Commission. A
carrier could not charge a shipper any rate different from the filed
tariff rate, with the exception that under 49 U.S.C. 10721 the carrier
could transport property for the U.S. Government ``at reduced rates'',
meaning rates that were reduced from the common carrier's tariff rates.
By Pub. L. 103-311 (The Trucking Industry reform Act of 1994),
effective 26 August 1994, and Pub. L. 104-88 (The ICC Termination Act
of 1995), effective 29 December 1995, congress repealed the requirement
that motor carriers (other than carriers of household goods) file a
tariff and apply that tariff. With some exceptions, tariffs are no
longer filed by motor carriers with the Interstate Commerce Commission,
and there is, accordingly, no requirement that carriers apply a tariff
rate to FMS traffic. MTMC's policy change in its movement programs will
require motor carriers to participate in FMS shipments for new
movements and resolicited GT agreements; and, will accommodate motor
carrier's voluntary agreements to include FMS shipments in currently
effective GT agreements and related freight movement programs.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 97-28877 Filed 10-30-97; 8:45 am]
BILLING CODE 3710-08-M
