[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Rules and Regulations]
[Pages 30011-30012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13935]
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INTERSTATE COMMERCE COMMISSION
49 CFR Part 1023
[Ex Parte No. MC-100 (Sub-No. 6)]
Single State Insurance Registration
AGENCY: Interstate Commerce Commission.
ACTION: Final rule.
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SUMMARY: The Commission is revising the receipt provisions of its
regulations pertaining to registration by motor carriers with states.
Pursuant to a court remand, the Commission has reexamined provisions
permitting motor carriers to make copies of registration receipts.
Under the revised rules, states will issue official copies of receipts,
and motor carrier copying will be prohibited.
EFFECTIVE DATE: July 7, 1995.
FOR FURTHER INFORMATION CONTACT: Kenneth H. Schwartz, (202) 927-5299 or
Joseph H. Dettmar, (202) 927-5660. [TDD for the hearing impaired: (202)
927-5721.]
SUPPLEMENTARY INFORMATION: In a decision in Single State Insurance
Registration, 9 I.C.C.2d 610 (1993), Notice published at 58 FR 28932 on
[[Page 30012]] May 18, 1993, the Commission adopted final regulations
that replaced a multi-state motor vehicle and operating authority
registration system with a simplified, single-state, insurance-based
registration system. The Commission acted in accordance with
Congressional revisions to 49 U.S.C. 11506--Registration of Motor
Carriers by a State, which required the Commission to prescribe
amendments to the regulations that had governed the registration system
under the old law.
On judicial review, in Nat'l Ass'n of Regulatory Util. Comm'rs v.
ICC, 41 F.3d 721 (D.C. Cir. 1994), the court found that the Commission
had improperly balanced conflicting policy goals in adopting
regulations giving motor carriers the authority to copy the
registration receipts required by law to be kept in each motor vehicle.
The court remanded such provisions to the Commission for further
consideration. The Commission requested comments in light of the
court's decision.
Upon consideration of the court's opinion and the comments received
from the trucking and insurance industries, state regulatory agencies,
and other interested parties, the Commission is revising the receipt
provisions of the regulations. Under the revised rules, states will
issue official copies of registration receipts, and motor carriers will
be required to maintain an official copy in each reported motor
vehicle. Motor carrier copying of receipts will be prohibited.
Additional information is contained in the Commission's decision.
To purchase a copy of the full decision, write to, call, or pick up in
person from: Dynamic Concepts, Inc., Interstate Commerce Commission
Building, 1201 Constitution Avenue NW., Room 2229, Washington, DC
20423. Telephone: (202) 289-4357/4359. [Assistance for the hearing
impaired is available through TDD service (202) 927-5721.]
Regulatory Flexibility Certification
Pursuant to 5 U.S.C. 605(b), we conclude that our action in this
proceeding will not have a significant economic impact on a substantial
number of small entities. No new regulatory requirements are imposed,
directly or indirectly, on such entities. As before, all motor carriers
registering with participating states will be required to distribute
copies of registration receipts to their vehicles; but, under the
revised regulations, motor carriers are relieved of the burden of
reproducing the receipt copies. The economic impact on small entities,
if any, should be positive but is not likely to be significant within
the meaning of the Regulatory Flexibility Act.
Environmental and Energy Considerations
We conclude that this action will not significantly affect either
the quality of the human environment or the conservation of energy
resources.
List of Subjects in 49 CFR Part 1023
Insurance, Motor carriers, Surety bonds.
For the reasons set forth in the preamble, title 49, chapter X,
part 1023 of the Code of Federal Regulations is amended as follows:
PART 1023--STANDARDS FOR REGISTRATION WITH STATES
1. The authority citation for part 1023 continues to read as
follows:
Authority: 49 U.S.C. 10321 and 11506; 5 U.S.C. 553.
2. Section 1023.5 is revised to read as follows:
Sec. 1023.5 Registration receipts.
(a) On compliance by a motor carrier with the annual or
supplemental registration requirements of Sec. 1023.4, the registration
State must issue the carrier a receipt reflecting that the carrier has
filed the required proof of insurance and paid fees in accordance with
the requirements of that section. The registration State also must
issue a number of official copies of the receipt equal to the number of
motor vehicles for which fees have been paid.
(1) The receipt and official copies must contain only information
identifying the carrier and specifying the States for which fees were
paid. Supplemental receipts and official copies need contain only
information relating to their underlying supplemental registrations.
(b) Receipts and official copies issued pursuant to a filing made
during the annual registration period specified in Sec. 1023.4(b)(2)
must be issued within 30 days of filing of a fully acceptable
registration application. All other receipts and official copies must
be issued by the 30th day following the date of filing of a fully
acceptable supplemental registration application. All receipts and
official copies shall expire at midnight on the 31st day of December of
the registration year for which they were issued.
(c) A carrier is permitted to operate its motor vehicles only in
those participating States with respect to which it has paid
appropriate fees, as indicated on the receipts and official copies. It
may not operate more motor vehicles in a participating State than the
number for which it has paid fees.
(d) A motor carrier may not copy or alter a receipt or an official
copy of a receipt.
(e) A motor carrier must maintain in each of its motor vehicles an
official copy of its receipt indicating that it has filed the required
proof of insurance and paid appropriate fees for each State in which it
operates.
(f) A motor carrier may transfer its official copies of its
receipts from vehicles taken out of service to their replacement
vehicles.
(g) The driver of a motor vehicle must present an official copy of
a receipt for inspection by any authorized government personnel on
reasonable demand.
(h) No registration State shall require decals, stamps, cab cards,
or any other means of registering or identifying specific vehicles
operated by a motor carrier.
Decided: May 24, 1995.
By the Commission, Chairman Morgan, Vice Chairman Owen, and
Commissioners Simmons and McDonald. Vice Chairman Owen commented
with a separate expression.
Vernon A. Williams,
Secretary.
[FR Doc. 95-13935 Filed 6-6-95; 8:45 am]
BILLING CODE 7035-01-P
