[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Notices]
[Pages 58052-58054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28588]
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DEPARTMENT OF DEFENSE
Department of the Army
Proposal To Change Items 85 and 90 in the Military Traffic
Management Command Freight Traffic Rules Publication 1A (MFTRP-1A)
Governing Carrier's Entitlement to Detention Charges
AGENCY: Military Traffic Management Command, DOD.
ACTION: Notice of proposed change.
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SUMMARY: The Military Traffic Management Command is proposing changes
to Items 85 and 90 in the Military Traffic Management Command Freight
Traffic Rules Publication 1A (MFTRP-1A) governing carrier's entitlement
to detention charges. The changes increase the amount of free time
available for loading or unloading and state when free time shall begin
and how detention is properly documented.
DATES: Comments must be submitted on or before December 26, 1995.
ADDRESSES: All comments concerning the proposed rule changes should be
addressed to Headquarters, Military Traffic Management Command, ATTN:
MTOP-T-NI, Room 621, 5611 Columbia Pike, Falls Church, VA 22041-5050.
FOR FURTHER INFORMATION CONTACT: Leon N. Patton, Jr., or John
Alexander, (703) 681-6871.
SUPPLEMENTARY INFORMATION: Military shippers have requested that
detention rules require detention to be documented by the carrier and
the installation. The purpose of this is to avoid billing problems.
Military shippers have also requested that carriers provide more free
time, up to 7 hours, to reduce the number of detention instances. The
proposed rules below implement these changes. New material is marked
between left and right arrows ( ). Deleted material
is marked between left and right brackets ([ ]). The proposed rule
changes, if finalized, will be published in a future revision of MFTRP-
1A.
ITEM 85 DETENTION: VEHICLES WITH POWER UNITS (DP)
(See NOTES 1 and 2 herein and NOTE 2, ITEM 90)
When carrier's vehicle with power unit (straight truck, tractor-
trailer combination, or dromedary box) is delayed or detained for
loading or unloading on the premises of consignor, consignee, or other
premises approved by them, and such delay or detainment is attributable
to the consignor or consignee, the shipment (or the combined weight of
multiple shipments) being loaded or unloaded will be subject to the
following provisions:
1. Free time: Carriers will allow the free time periods listed
below for loading or unloading carrier's vehicle:
------------------------------------------------------------------------
Type of shipment(s) Free time
------------------------------------------------------------------------
a. Vehicles loaded on Motor 1 hour (waiting time to begin loading
Vehicle Transport Trailers or unloading).
(Equipment Code A20).
b. Vehicles loaded on flat-bed 3 hours.
equipment.
c. Fully palletized shipments, 2 hours (Note 1).
20,000 lbs. and over.
Actual weight in pounds per vehicle stop, not palletized, subject to
Note 1:
d. Less than 3,000 lbs.......... 1 hour.
e. 3,000 lbs. but less than 2 hours.
10,000 lbs..
f. 10,000 lbs. but less than 3 hours.
20,000 lbs..
g. 20,000 lbs. but less 4 hours.
than 28,000 lbs..
h. 28,000 lbs. but less 5 hours.
than 36,000 lbs..
i 36,000 lbs. but less 6 hours.
than 44,000.
j. 44,000 lbs. and over. 7 hours.
------------------------------------------------------------------------
[Free time shall begin from the time carrier's employee notifies a
responsible representative of the consignor or consignee that the
vehicle is available and ready for loading or unloading, and it is
within the consignor's or consignee's normal operating hours, or
acceptance hours as annotated on the bill of lading.]
2. Free time shall begin when the following three
conditions are met:
a. The vehicle is cleared and approved (inspection and
administrative) for loading and unloading,
b. the vehicle is positioned at the loading/unloading
dock, and
c. it is within the consignor's or consignee's normal
operating hours as published or acceptance hours as annotated on the
bill of lading.
The computation of time, in paragraph (1) above, is to be made
within the normal business (shipping) day at the designated premises at
the place of pickup or delivery, except if a carrier or its
representative is permitted to work beyond this period, such working
time shall also be included. When loading or unloading is not completed
at the end of such day, time will be resumed at the beginning of the
next work day, or when work the next day is actually begun by the
carrier or its representative, if earlier.
[A shipment will be considered as ``fully pallatized'' when at least
90% of the shipment weight (exclusive of pallet weight) is loaded on
pallets.]
When a scheduled time has been designated for the
carrier's equipment to begin loading and the carrier arrives late,
without prior notification to the consignor, the free time will not
begin until an equal amount of time has passed; e.g., the carrier was
supposed to be there at 0800; arrived at 1100; free time would start at
1400. Maximum detention paid for a late arriving carrier will be
limited to 2 hours per day regardless of actual weight of the
shipment.
3. Charges: If loading or unloading extends
beyond the allowable free time, the charge will be (in dollar
and cents)
[[Page 58053]]
DP (1)$ . for each hour, or fraction thereof, the vehicle
is delayed beyond the allowable free time, until released by the
shipper or consignee. Detention charges provided herein will be
assessed during normal business hours only.
4. This rule will also apply: When shipper or consignee requires
that the tractor be disconnected from the trailer during loading or
unloading, and parked elsewhere on the shipper's or consignee's
premises; or when shipper or consignee directs that the trailer be left
overnight and the tractor be parked at other than shipper's or
consignee's premises.
5. Documented Detention: Detention must be documented when
it occurs by the carrier's representative and the installation
Transportation Officer responsible. This must be accomplished prior to
the driver exiting the installation following either pick-up or
delivery of freight. A copy of the documentation will be forwarded
along with the invoice for payment. Carrier must provide form for
documentation which will include as a minimum:
a. Government bill of lading and/or carrier's freight
waybill number(s).
b. Signatures of carrier and installation Transportation
Officers.
c. Vehicle identification numbers including tractor and
trailer numbers as applicable.
d. Exact date and time the vehicle was spotted for loading
or unloading and date and time the vehicle was released to the
driver.
e. Shipment weight, whether shipment is palletized and
percent palletized, and whether material handling equipment was used by
installation if applicable.
f. Reason for the delay.
Note 1: If 90% or more of the material (boxes,
crates, pieces, parts, etc.) comprising [the] a
nonpalletized shipment is unloaded or loaded by pallet jack, fork
lift, or other type of material handling equipment--without use of
pallets--then the free time allowed [(not to exceed 2 hours)] will
be one-half of the free time allowed for shipments not palletized
or 3.5 hours, whichever is less. [To be eligible
for this exception, at least 90% of the weight must be loaded or
unloaded in the manner described.] Fully palletized shipments
weighing less than [20,000] 44,000 pounds will be
allowed one-half the free time in 1(d), 1(e), 1(f), 1(g),
1(h), 1(i), or 1(j). However, in no case will free time for loading
or unloading explosive shipments be less than one hour.
Note 2: [Authorization for waiver of charges (effective December
17, 1986) contained in interim change letter dated December 23,
1986, is now contained in ITEM 10 of this publication. ITEM 85
amendments filed according to this letter do not have to be refiled
to conform with the revised instructions in ITEM 10, unless a
carrier wishes to do so.] A shipment will be considered as
``fully palletized'' when at least 90% of the shipment weight
(exclusive of pallet weight) is loaded on pallets.
ITEM 90--DETENTION: VEHICLES WITHOUT POWER UNITS (DW)
(See NOTES 1 and 2)
Subject to the availability of equipment and carrier's approval,
carriers may spot vehicles without power units (empty or loaded
trailers) for loading or unloading on the premises of the consignor or
consignee, or on other premises designated by them. When such vehicles
are delayed or detained, and the delay is attributed to the consignor
or consignee, the shipment (or the combined weight of multiple
shipments) being loaded or unloaded will be subject to the following
provisions:
1. Free time:
(a) Trailers spotted for loading or unloading will be allowed 24
hours of free time for loading/unloading, which will commence when the
trailer is spotted for loading or unloading.
(b) When any portion of the free time extends into a Saturday,
Sunday or holiday, the computation of free time will resume at 12:01
a.m. on the next day which is neither a Saturday, Sunday or holiday.
(c) Free time shall not begin on a Saturday, Sunday or holiday, but
at 8:00 a.m. on the next work day which is not a Saturday, Sunday, or
holiday.
2. Dual transactions: When a trailer is both unloaded and reloaded,
each transaction will be treated independently of the other. Free time
for loading shall not begin until free time for unloading has elapsed.
3. End of detention: Detention will end when consignor or consignee
notifies carrier by telephone that loading or unloading has been
completed and that the trailer is available for pickup.
[a. After loading/unloading has been complete and the carrier has
been notified, carrier must connect and pull his equipment in a timely
manner. Carrier's equipment is considered released after carrier has
been notified by the shipper or consignee.]
[b. If loading/unloading has not extended beyond the free time, but
the carrier has failed to connect and move his equipment in a timely
manner after being notified by the consignor or consignee, neither
consignor nor consignee will not be subject to any detention charges.
Also, carriers credits earned on equipment held cannot be used by the
carrier to offset debits chargeable on his equipment awaiting to be
moved.]
4. Charges: Charges for detention of vehicles without power units
will be:
a. For each of the first and second 24-hour periods or fraction
thereof that vehicle is detained beyond the allowable free time, the
charge will be (in dollars and cents) DW(1)$ .
per 24-hour day or fraction thereof.
b. For each of the third and fourth 24-hour periods or fraction
thereof that vehicle is detained beyond the allowable free time, the
charge will be (in dollars and cents) DW(2)$ .
per 24-hour day or fraction thereof. For the fifth and each succeeding
24-hour period or fraction thereof that vehicle is detained beyond
allowable free time, the charge will be (in dollars and
cents) DW(3)$ . per 24-hour day or fraction thereof.
5. Documented Detention: Detention must be documented,
when it occurs by the carrier's representative and the installation
responsible. This must be accomplished prior to the driver exiting the
installation, following either pick-up or delivery of freight. A copy
of the documentation will be forwarded along with the invoice for
payment. The documentation will include as a minimum:
a. Government bill of lading and/or carrier's freight
waybill number(s).
b. Signatures of carrier and installation Transportation
Officers.
c. Vehicle identification numbers including tractor and
trailer numbers as applicable.
d. Exact date and time the vehicle was spotted on the
premises for loading or unloading and date and time the carrier was
notified that the vehicle was released for pickup.
e. Shipment weight, whether shipment is palletized and
percent palletized, and whether material handling equipment was used by
installation if applicable.
f. Reason for the delay.
Note 1: Certain Government installations have specific
agreements for storing and relocating carrier equipment for loading
and unloading and/or detention charges. (See ITEMS 600 and 605 for
application)
Note 2: Installations incurring charges under ITEMS 85 and/or
ITEM 90 will be billed direct. SEE ITEM 78 herein.
[Note 3: Authorization for waiver of charges (effective December
17, 1986) contained in interim change letter dated December 23,
1986, is now contained in ITEM 10 of this publication. ITEM 85
amendments filed according to this letter do not have to be refiled
to confirm with the
[[Page 58054]]
revised instruction in ITEM 10, unless a carrier wishes to do so.]
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 95-28588 Filed 11-22-95; 8:45 am]
BILLING CODE 3710-08-P
