[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Pages 32562-32563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15326]
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INTERSTATE COMMERCE COMMISSION
[Ex Parte No. 55 (Sub-No. 92)]
Compliance Procedures
AGENCY: Interstate Commerce Commission.
ACTION: Notice.
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SUMMARY: The Commission is implementing, with modification, its
previously-announced compliance policy (57 FR 58824, December 11, 1992)
regarding any application for new motor, water, broker, and freight
forwarder operating authority that was granted prior to December 10,
1992, and that is still pending because applicant has not yet complied
with applicable insurance or surety bond, tariff, and process agent
requirements. With respect to those still-pending applications,
applicants must satisfy compliance requirements currently in effect
within 60 days of the effective date of this notice or the application
will be dismissed for want of prosecution. Implementation of the
Commission's compliance policy through this Notice and Notice in the
Interstate Commerce Commission Register is necessitated because of the
large number of still-pending applications (approximately 15,000) that
accumulated during the years when Commission policy did not require
compliance within a specified period. This action is intended to
alleviate the burden on Commission resources associated with
maintaining these still-pending application files.
EFFECTIVE DATE: This Notice is effective July 22, 1995.
FOR FURTHER INFORMATION CONTACT: The Office of Public Assistance, 202-
927-7597. [TDD for the hearing impaired: 202-927-5721.]
SUPPLEMENTARY INFORMATION: In Compliance Procedures, 9 I.C.C. 2d 207
(1992), served December 10, 1992, the Commission reinstated its policy
of imposing a compliance deadline on applicants seeking new operating
authority. As a result of that policy statement, applicants were
required to file with the Commission applicable insurance or surety
bond, tariff, and process agent documents within 180 days of a grant of
authority, or the application would be dismissed.
That policy statement also established procedures for disposing of
the thousands of applications that were granted but still pending on
December 10, 1992, due to non-compliance. As to those applicants that
were granted authority but that did not effect compliance within 180
days of their grant of authority, the Commission would issue a decision
effective in 60 [[Page 32563]] days tentatively dismissing the
application for want of prosecution. The application would not be
dismissed if the applicant achieved compliance within 60 days. We will
modify our procedures and not issue individual decisions because the
Commission does not have the staff to process such a large number of
decisions and, because of the age of some of the applications, the
service list addresses may no longer be accurate.
Accordingly, all applicants for new motor, water, broker, and
freight forwarder operating authority granted before December 10, 1992,
that are still not in compliance will have 60 days from the effective
date of this Notice to achieve compliance. If they do not achieve
compliance within 60 days, their applications will be dismissed for
want of prosecution.
This Notice will be published in the Federal Register and the
Interstate Commerce Commission Register to afford the broadest notice
feasible. The Notice in the Interstate Commerce Commission Register
will list all applications affected by this Notice. In light of the
volume and age of the still-pending applications, the Commission will
not issue an individual decision as to each application affected by
this Notice. Rather, if a carrier-applicant identified in the Notice
published in the Interstate Commerce Commission Register does not
timely achieve compliance, its application will stand dismissed for
want of prosecution.
To purchase a copy of the full Interstate Commerce Commission
Register Notice, write to, call, or pick up in person from: Dynamic
Concepts, Inc., Room 2229, Interstate Commerce Commission Building,
1201 Constitution Avenue, N.W., Washington, DC 20423. Telephone: 202-
289-4357/4359. [Assistance for the hearing impaired is available
through TDD services 202-927-5721.]
Authority: 5 U.S.C. 551(a), 553 and 559; 16 U.S.C. 1456; and 49
U.S.C. 10101, 10305, 10321, 10921, 10922, 10923, 10924, 10928, and
11102.
Decided: June 8, 1995.
By the Commission, Chairman Morgan, Vice Chairman Owen,
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-15326 Filed 6-21-95; 8:45 am]
BILLING CODE 7035-01-P
