[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12749]


[[Page Unknown]]

[Federal Register: May 25, 1994]


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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1023

[Ex Parte No. MC-100 (Sub-No. 6)]

 

Single State Insurance Registration [Petition of Lee's Permit 
Service, et al.]

AGENCY: Interstate Commerce Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission is proposing to revise its regulations 
pertaining to registration by motor carriers with States. The 
Commission has learned that delays inherent in the registration process 
are diminishing or negating the usefulness of emergency temporary and 
temporary motor carrier operating authorities. The proposed regulations 
provide expedited registration procedures for carriers operating under 
such temporary authorities and establish concomitant enforcement 
mechanisms for the participating States.

DATES: Comments must be submitted by June 14, 1994.

ADDRESSES: The original and 10 copies of comments identified as such 
and referring to Ex Parte No. MC-100 (Sub-No. 6) must be sent to: 
Interstate Commerce Commission, Office of the Secretary, Case Control 
Branch, Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Kenneth H. Schwartz (202) 927-5316 or 
Joseph H. Dettmar (202) 927-5660. (TDD for hearing impaired: (202) 927-
5721.)

SUPPLEMENTARY INFORMATION: In response to a petition jointly filed by 
motor carrier consulting companies Lee's Permit Service and Little 
Debby's Tag Service (petitioners), the Commission is proposing to amend 
the Single State Registration System (SSRS) rules it promulgated in 
Single State Insurance Registration, 9 I.C.C.2d 610 (1993). Petitioners 
have found that some States participating in the SSRS take 2 to 3 weeks 
to process applications. Under the SSRS rules, carriers may not operate 
lawfully in participating States without carrying copies of 
registration receipts in their vehicles. Petitioners argue that the 
delay diminishes the usefulness of their temporary authorites. To 
address the situation, the Commission is proposing regulations 
providing expedited registration procedures for carriers operating 
under temporary authorities.
    The Commission invites interested parties to submit comments on the 
proposed rules. In addition, parties may address the necessity and 
feasibility of modifying the current registration application form, 
appearing as appendix A to 49 CFR part 1023, in lieu of or in addition 
to adopting new rules. In this connection, parties may address the 
feasibility of a carrier's maintaining in its vehicles a copy of a 
filed application and/or a filed notice. The Commission encourages 
parties that are in agreement to submit joint filings. Parties adopting 
by reference the comments submitted by others need not submit copies of 
the referenced material.
    Additional information is contained in the Commission's decision. 
To obtain a copy of the full decision, write to, call, or pick up in 
person from: Office of the Secretary, room 2215, Interstate Commerce 
Commission, Washington, DC 20423. Telephone: (202) 927-7428. 
(Assistance for the hearing impaired is available through TDD service 
(202) 927-5721.)

Initial Regulatory Flexibility Certification

    Pursuant to 5 U.S.C. 605(b), we preliminarily conclude that our 
proposed action in this proceeding will not have a significant economic 
impact on a substantial number of small entities. The purpose of our 
action is to enable motor carriers that gain temporary operating 
authorities to be able immediately to use their authorities without 
fear of incurring State fines. Compliance by carriers with a simple, 
expedited filing and copying requirement would result in relief from 
the threat of State regulatory enforcement. 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. We 
invite parties to comment on the issue of economic impact on small 
entities in order to assist us in making findings in this area.

Environmental and Energy Considerations

    We preliminarily conclude that the proposed 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, the Commission proposes 
to amend chapter X of title 49 of the Code of Federal Regulations, part 
1023, 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 1023.4 is amended by revising the last sentence of 
paragraph (c)(1), redesignating paragraphs (g) and (h) as (h) and (i), 
and adding new paragraph (g) to read as follows:


Sec. 1023.4  Requirements for registration.

* * * * *
    (c) * * *
    (1) * * * A carrier granted emergency temporary authority or 
temporary authority may, in the alternative, comply with the 
requirements of paragraph (g) of this section.
* * * * *
    (g) A carrier granted emergency temporary authority (ETA) or 
temporary authority (TA) must, prior to operating additional equipment 
and/or commencing new operations in a participating State, submit to 
its registration State by express mail, telegram, or facsimile (FAX) 
document a notice that the Commission has granted the carrier ETA or 
TA, specifying the date on which the carrier will commence operating. 
The carrier must file an appropriate registration application, 
including a description of the ETA or TA, within 10 days thereafter.
    (1) If such carrier filing notice of ETA or TA already holds 
permanent motor carrier operating authority, it must include with its 
notice a certification that it is in full compliance with the 
Commission's requirements at 49 CFR part 1043 governing public 
liability security and at 49 CFR part 1044 governing designation of 
agents for service of process.
    (2) If such carrier filing notice of ETA or TA does not already 
hold permanent motor carrier operating authority, in the case of a 
grant of ETA, it must include with its notice a certification that it 
has given the Commission's appropriate Regional Office the name of its 
public liability insurer, its policy number, the effective and 
expiration dates of its policy, and the coverage limits of its policy, 
and that it has made an appropriate designation of process agents 
filing with the Commission under 49 CFR part 1044.
    (3) If such carrier filing notice does not already hold permanent 
motor carrier operating authority, in the case of a grant of TA, it 
must include with its notice a certification that it has made an 
appropriate public liability insurance filing with the Commission under 
49 CFR part 1043 and an appropriate designation of process agents 
filing with the Commission under 49 CFR part 1044.
* * * * *
    3. Section 1023.5 is amended by redesignating paragraph (g) as 
paragraph (h) and by adding new paragraph (g) to read as follows:


Sec. 1023.5  Registration receipts.

* * * * *
    (g) A motor carrier operating under emergency temporary authority 
or temporary authority may satisfy the requirements of paragraphs (e) 
and (f) of this section by maintaining in each of its motor vehicles 
and presenting for inspection a copy of the notice it filed with its 
registration State under the provisions of Sec. 1023.4(g).
* * * * *

    Decided: May 16, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
Commissioners Simmons and Morgan.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-12749 Filed 5-24-94; 8:45 am]
BILLING CODE 7035-01-P