[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25145]


[[Page Unknown]]

[Federal Register: October 12, 1994]


=======================================================================
-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION

49 CFR Parts 1002, 1160, 1161, 1162, and 1163

[Ex Parte No. 55 (Sub-No. 94)]1
---------------------------------------------------------------------------

    \1\Embraces Ex Parte No. 55 (Sub-No. 86), Revision of Licensing 
Application Forms and Corresponding Regulations (Application Forms), 
notice of proposed rulemaking, 57 FR 37761 (August 20, 1992), 
supplemental notice of proposed rulemaking, 58 FR 48628 (September 
17, 1993).
---------------------------------------------------------------------------

 

Revision Of Application Procedures And Corresponding Regulations

AGENCY: Interstate Commerce Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Commission is proposing revisions to its standard 
licensing application form (Form OP-1), amendments to the regulations 
at 49 CFR parts 1002 and 1160, and elimination of the regulations at 49 
CFR parts 1161, 1162, and 1163. The proposed revisions implement the 
Trucking Industry Regulatory Reform Act (TIRRA), Title II of the 
Hazardous Materials Transportation Act Amendments of 1994, Pub. L. 103-
311 (August 26, 1994), which significantly amended licensing standards 
for non-household goods motor property carriers, effective January 1, 
1995.
    To accommodate the changes mandated by TIRRA, the Commission also 
is proposing further modifications to the application procedures and 
regulations involved in the ongoing Application Forms proceeding. The 
Commission's decision and final rules adopted in this proceeding will 
embrace and dispose of issues pending in the Application Forms 
proceeding.

DATES: Comments are due November 1, 1994.

ADDRESSES: Send comments (an original and 15 copies), referring to Ex 
Parte No. 55 (Sub-No. 94), to Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, 1201 Constitution Avenue NW., 
Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Richard B. Felder, (202) 927-6373 or 
Suzanne Higgins O'Malley, (202) 927-7597. [TDD for hearing impaired: 
(202) 927-5721.]

SUPPLEMENTARY INFORMATION: In its August 1992 Application Forms notice 
of proposed rulemaking, the Commission proposed to replace the Form OP-
1 with a series of six transportation mode-specific forms and to adopt 
corresponding revisions to the agency's licensing regulations. In 
particular, the proposed motor carrier application forms included 
expanded safety fitness certification requirements for applicants that 
were exempt from, or as-yet-unrated under, the U.S. Department of 
Transportation (DOT) safety regulations.
    In September 1993, the Commission issued a supplemental notice of 
proposed rulemaking in the Application Forms proceeding, announcing its 
intention to adopt the mode-specific application forms and regulatory 
changes substantially as proposed, including the expanded safety 
fitness certifications. At that time, the Commission invited public 
comment on further revisions to the proposed motor property carrier 
form to recognize revisions to DOT's hazardous materials commodity 
classifications and corresponding liability insurance coverage for 
transporters of those commodities.

Legislative Reforms

    As the agency was preparing to issue a final decision and rules in 
the Application Forms proceeding, Congress enacted TIRRA, changing the 
licensing standards and procedures for motor property carriers of 
commodities other than household goods. Specifically, TIRRA's Sections 
207 [adding a new 49 U.S.C. 10922(b)] and 208 [adding a new 49 U.S.C. 
10923(b)] respectively eliminate the public need/public interest 
licensing standards for non-household goods motor property common and 
contract carriers and substitute fitness-based standards. Effective 
January 1, 1995, the Commission is directed to issue authorities upon a 
finding that the applicant is in compliance with:

(1) The Interstate Commerce Act, Commission regulations, and any safety 
requirements imposed by the Commission;
(2) DOT safety fitness requirements; and
(3) Minimum financial responsibility requirements established by the 
Commission under 49 U.S.C. 10927.

Expedited Licensing Procedures

    Under TIRRA the application process can be shortened and 
dramatically simplified. The revised licensing procedures proposed here 
envision processing only those applications filed by entities with 
acceptable DOT safety fitness ratings or, in the case of unrated or 
exempt applicants, those certifying their safety compliance. In a break 
with past practice, we will require each applicant to obtain the 
insurance certificate from the insurance company and file it along with 
the application form. While we believe this approach is beneficial, we 
will give individuals the opportunity to comment on whether it is 
feasible and whether it maintains the integrity of the insurance 
compliance system. Also, at the time of filing, all applications must 
be accompanied by process agent filings.
    Up front filing of insurance information and a list of process 
agents will allow the Commission to compress the time required to 
handle applications and confine the process to qualified applicants who 
are prepared to enter the trucking industry. Safety compliance can be 
verified easily by Commission staff before applications are processed. 
As an extra safeguard that applicants are making bona fide insurance 
filings, we will include the name of the insurance carrier in the ICC 
Register notice.
    With the basic licensing standards confirmed prior to processing 
and publication of an application, the remainder of the licensing 
process can be sharply reduced. By law, protests are limited to 
evidence that an applicant fails or will fail to meet the fitness entry 
standards. The proposed revised application form and regulations, 
therefore, also eliminate those features of the licensing process--such 
as extended protest periods and pre-licensing review of carrier control 
relationships--that would unreasonably prolong or not contribute to 
basic fitness assessments. The brief protest period will allow us to 
hear from insurance companies that question applicants' filings or 
others who may have information to supplement DOT's safety information.
    Almost 15 years of eased entry requirements under the Motor Carrier 
Act of 1980 have produced a licensing docket where each year less than 
a dozen of the approximately 17,000 applications filed are opposed. A 
brief protest period should suffice to identify the limited number of 
applications that deserve strict screening.
    Moreover, common control information is not necessary in applying 
the TIRRA licensing standards. Commonly controlled carriers with 
``Unsatisfactory'' safety fitness ratings are prioritized by DOT for 
continuing safety fitness oversight, and those transporting hazardous 
materials or passengers, in particular, either must achieve an improved 
safety fitness rating in a limited time period or be placed out of 
service by DOT. Those with insurance problems will be identified 
through our existing insurance monitoring program. Nevertheless, we are 
including an ``Affiliations'' question to be sure that carriers with 
poor safety compliance records do not attempt to reenter under a 
different name.
    Also, under TIRRA, non-household goods property carriers no longer 
need to file tariffs for individually- determined rates. Tariff filing 
is required only for collectively-determined rates. Therefore, we are 
eliminating the requirement for newly-authorized common carriers to 
file tariffs prior to commencing operations under their certificates.
    We believe that the expedited application procedures in the revised 
rules set forth below and the proposed simplified Form OP-1 set forth 
in the Appendix incorporate TIRRA reforms and otherwise will preserve 
the integrity of the licensing process.
    For applications with more extensive pre-licensing information 
(household goods property carriers, certain categories of passenger 
carriers, brokers, freight forwarders of household goods, and water 
carriers), we will use mode-specific schedules that applicants must 
append to their basic Form OP-1 filings. We believe that this approach 
will preserve the advantages of the mode-specific format endorsed by 
the public in our Application Forms proceeding without complicating the 
licensing process mandated under TIRRA.
    The new procedures shift compliance screening from the end of the 
process to the beginning by requiring applicants to establish their 
safety fitness, submit proof of insurance, and designate process agents 
at the time they file their applications. Consistent with this change, 
we have revised the Applicant's Oath in the proposed Form OP-1 to 
clarify that it embraces all supplemental filings and documentation. We 
also have included in the oath the applicant's certification that it is 
not domiciled in Mexico nor is it owned or controlled by persons of 
Mexico.

Practical Reforms

    The reforms proposed here will be coupled with several practical 
adjustments to the agency's automated data and recordkeeping systems. 
First, the Commission will simultaneously enter application information 
and insurance records in its automated data system.
    Second, we will merge DOT's safety fitness data into our automated 
data system more frequently to confirm motor carrier applicants' DOT 
safety fitness ratings. This information will continue to be checked 
upon initial receipt of each application. Filings by applicants with 
``Unsatisfactory'' safety fitness ratings will be rejected summarily.
    Third, in view of the substantially reduced protest period (from 45 
to 5 days), we will permit protestants to FAX their initial 
submissions, followed by a signed original and one copy for Commission 
records. Reply and rebuttal evidence, where permitted, likewise may be 
FAXed.
    Finally, with TIRRA's elimination of public need/public interest 
standards, we will no longer publish specific caption summaries or 
issue authorities with specific service descriptions to the vast 
majority of applicants. Applicants will be issued certificates or 
permits to operate as interstate common or contract carriers. All non-
household goods motor property applicants that conform with fitness 
requirements will be authorized to transport general commodities 
between points in the United States. The extent of each applicant's 
hazardous materials authority will correspond to the level of bodily 
injury and property damage insurance coverage reflected in the Form 
BMC-91 or 91X filed with the application, as indicated in the ICC 
Register licensing request notice.
    Service descriptions for licensing categories not affected by 
TIRRA--for example, passenger carrier special and charter service, 
general commodities and household goods property brokerage, and 
household goods freight forwarding--also will be standardized. This 
change should further simplify the pre-licensing review process and 
streamline application notices and authorities.

Temporary Operating Authority

    Simplifying licensing procedures, deleting the public need/public 
interest standards, and expediting time frames for issuing operating 
authority as proposed here largely eliminate the need for the 
Commission's existing temporary and emergency temporary authority 
procedures. Temporary authority (TA) and emergency temporary authority 
(ETA) are sought and granted routinely because of the amount of time it 
takes to obtain permanent authority. With the enactment of TIRRA we 
will use our discretion under 49 U.S.C. 10928 to confine TAs to their 
original limited, intended purpose.
    Accordingly, we also propose to eliminate the regulations at 49 CFR 
parts 1162 and 1163 governing TA and ETA applications. However, we will 
continue to entertain TA requests for motor and water carrier authority 
in those rare instances (i.e., natural disasters or national 
emergencies) where an applicant can document an immediate need for its 
service that cannot be met by an existing carrier and for which service 
must be available in less than the 30 days we anticipate will be 
required to process fully a permanent authority application under the 
procedures proposed here.
    Essentially, the greatly curtailed TA process noted in the proposed 
regulations at 49 CFR 1160.4(g) would displace what has been known as 
ETA. We expect that any such filings can be acted upon by the 
Commission's regional offices (see 49 CFR 1011.6(f)(1)) within 5 
business days of their receipt, the time frame generally allotted for 
ETAs under current practices.

Comments

    We invite public comment on the licensing reforms proposed here. We 
have provided for a 20-day comment period. This should ensure that the 
Commission has sufficient time to review the comments and devise final 
application forms and procedures prior to the January 1, 1995 effective 
date of TIRRA's revised licensing standards. The final decision and 
rules issued in this proceeding will include matters addressed in the 
pending Application Forms proceeding.

Environmental and Energy Analysis

    We preliminarily conclude that the proposed action will not 
significantly affect either the quality of the human environment or the 
conservation of energy resources. Nevertheless, we specifically invite 
parties to comment on these issues.

Initial Regulatory Flexibility Analysis

    Under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. [RFA], 
the Commission is required to examine specifically the impact of a 
proposed action on small businesses and small organizations. We expect 
that the proposed revised application form and corresponding 
regulations will result in significant cost savings to both applicants 
and the Commission over the long term and will present immediate 
benefits in terms of simplified administrative processes and expedited 
licensing procedures.
    Despite the clear prospects for cost savings and enhanced 
administrative efficiencies, we do not anticipate that the proposal 
will have a significant economic impact as contemplated by RFA 
standards. The projected impact on individual small entities, albeit 
positive, will be incremental and clearly not substantial within the 
meaning of RFA.
    Under 5 U.S.C. 605(b), we, therefore, preliminarily conclude that 
our proposed action will not have a significant economic impact on a 
substantial number of small entities. We invite and will consider 
comments on this issue.

Paperwork Reduction Analysis

    This notice of proposed rulemaking will be submitted to the Office 
of Management and Budget (OMB) for review under Section 3504(h) of the 
Paperwork Reduction Act of 1980 [44 U.S.C. Chapter 35].
    We estimate that an average of 2.5 burden hours will be required to 
complete the proposed Form OP-1 and provide pertinent supplemental 
evidence, as compared with 4 burden hours for the application form 
currently used. This expected reduction in response time is 
attributable not only to elimination of the public need/public interest 
evidence requirements for non-household goods motor property 
applicants, as mandated by TIRRA, but also to the simplified response 
format and the self-contained application, supplements, and 
instructions. Accordingly, we anticipate that the reduced completion 
burden will be realized by applicants in all motor carrier industry 
segments, not merely those directly affected by TIRRA.
    The annual reporting burden ascribed to the Form OP-1 in the 
current OMB inventory is 64,000 hours, based on an estimate of 4 burden 
hours per filing and 16,000 Form OP-1 filings per year at the time the 
estimate was submitted. We anticipate that this annual reporting burden 
will be reduced to approximately 42,500 hours.
    This estimate is based on our expectation that licensing 
application filings will rise slightly over those recorded in fiscal 
year 1993 (to approximately 18,000). This projection reflects at least 
a short-term increased interest in obtaining motor common carrier 
authority due to TIRRA's elimination of individual tariff filing 
requirements for non-household goods motor property carriers.
    The estimated burden hours include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. The 
reduced reporting burden estimated here does not reflect further 
reductions in the Commission's overall reporting burden occasioned by 
the elimination of ETA filings and the significant projected reduction 
in TA filings.
    The information collection requirements contained in this proposal 
will be submitted to OMB for review under the Paperwork Reduction Act 
of 1980 and 5 CFR Part 1320. Comments concerning the paperwork burden 
and burden-hour estimates in this proposal may be directed to OMB and 
the Commission, respectively, at: Office of Management and Budget, 
Office of Information and Regulatory Affairs, Attn: Ed Clark, Desk 
Officer, (Forms-3120-0047), Washington, DC 20503 and Interstate 
Commerce Commission, Forms Clearance Officer, 1201 Constitution Avenue, 
N.W., Washington, DC 20423.

List of Subjects

49 CFR Part 1002

    Administrative practice and procedure, Common carriers, Freedom of 
information, User fees.

49 CFR Part 1160

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Maritime carriers, Motor carriers.

49 CFR Part 1161

    Administrative practice and procedure, Buses, Motor carriers.

49 CFR Part 1162

    Administrative practice and procedure, Maritime carriers, Motor 
carriers.

49 CFR Part 1163

    Administrative practice and procedure, Motor carriers.

    Decided: October 5, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
and Commissioners Simmons and Morgan.
Vernon A. Williams,
Acting Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
parts 1002, and 1160 are proposed to be amended as follows and under 
the authority of 49 U.S.C. 10321, parts 1161, 1162, and 1163 are 
proposed to be removed.

PART 1002--FEES

    1. The authority citation for part 1002 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a)(4)(A), 5 U.S.C. 553, 31 U.S.C. 9701, 
and 49 U.S.C. 10321.

    2. In Sec. 1002.2, paragraph (c) is proposed to be revised to read 
as follows:


Sec. 1002.2  Filing fees.

* * * * *
    (c) Fees not refundable. Fees will be assessed for every filing in 
the type of proceeding listed in the schedule of fees contained in 
paragraph (f) of this section, subject to the exceptions contained in 
paragraphs (d) and (e) of this section. After the application, 
petition, notice, tariff, contract, or other document has been accepted 
for filing by the Commission, the filing fee will not be refunded, 
regardless of whether the application, petition, notice, tariff, 
contract, or other document is granted or approved, denied, rejected 
before docketing, dismissed, or withdrawn. If an individual exemption 
proceeding becomes a matter of general applicability and is handled 
through the rulemaking process, the Commission will refund the filing 
fee.
* * * * *
    3. Part 1160 is proposed to be revised to read as follows:

PART 1160--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

Subpart A--How to Apply for Operating Authority

Sec.
1160.1  Applications governed by these rules.
1160.2  Modified procedure.
1160.3  Starting the application process: Form OP-1.
1160.4  Types of applications.
1160.5  Commission review of the application.
1160.6  Appeals to rejections of the application.
1160.7  Changing the request for authority or filing supplementary 
evidence after the application is filed.
1160.8  After publication in the ICC Register.
1160.9  Obtaining a copy of the application.
1160.10  Opposed applications.
1160.11  Filing a reply statement.
1160.12  Applicant withdrawal.

Subpart B--How to Oppose Requests for Authority

1160.40  Definitions.
1160.41  Time for filing.
1160.42  Contents of the protest.
1160.43  Withdrawal.

Subpart C--General Rules Governing the Application Process

1160.60  Applicable rules.
1160.61  Contacting another party.
1160.62  Serving copies of pleadings.
1160.63  Replies to motions.
1160.64  FAX filings.

    Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 
10101, 10305, 10321, 10921, 10922, 10923, 10924, 10928, and 11102.

Subpart A--How to Apply for Operating Authority


Sec. 1160.1  Applications governed by these rules.

    These rules govern the handling of applications for operating 
authority of the following type:
    (a) Applications for certificates and permits to operate as a motor 
common or contract carrier of property or passengers.
    (b) Applications for permits to operate as a household goods 
freight forwarder.
    (c) Applications for certificates, permits, and exemptions for 
water carrier transportation of property and passengers.
    (d) Applications for licenses to operate as a broker of motor 
vehicle transportation.
    (e) Applications for certificates under 49 U.S.C. 10922 (c)(2)(A) 
to operate as a motor common carrier of passengers in intrastate 
commerce on a route over which applicant holds interstate authority as 
of November 19, 1982.
    (f) Applications for certificates under 49 U.S.C. 10922(c)(2)(B) to 
operate as a motor common carrier of passengers in intrastate commerce 
on a route over which applicant has been granted or will be granted 
interstate authority after November 19, 1982.
    (g) Applications for temporary motor and water carrier authority.


Sec. 1160.2  Modified procedure.

    The Commission will handle licensing application proceedings using 
the modified procedure, if possible. The applicant and protestants send 
statements made under oath (verified statements) to each other and to 
the ICC. There are no personal appearances or formal hearings.


Sec. 1160.3  Starting the application process: Form OP-1.

    (a) All applicants shall use Form OP-1. [Effective date will be 
stated in final rules.]
    (b) Obtain the form at Commission regional and field offices, or 
call the Commission's automated response number at (202) 927-7600.


Sec. 1160.4  Types of applications.

    (a) Fitness applications. Motor property applications and certain 
types of motor passenger applications require only the finding that the 
applicant is fit, willing and able to perform the involved operations 
and to comply with all applicable statutory and regulatory provisions. 
These applications can be opposed only on the grounds that applicant is 
not fit [e.g., is not in compliance with applicable financial 
responsibility (insurance or surety bond) and safety fitness 
requirements]. These applications are:
    (1) Motor common and contract carrier of property (except household 
goods) and motor contract carrier of passengers transportation.
    (2) Motor carrier brokerage of general commodities (except 
household goods).
    (3) Certain types of motor passenger applications as described in 
Form OP-1, Schedule B.
    (b) Motor passenger ``public interest'' applications as described 
in Form OP-1, Schedule B.
    (c) Intrastate motor passenger applications under 49 U.S.C. 
10922(c)(2)(A) as described in Form OP-1, Schedule B.
    (d) Motor common carrier of household goods applications. These 
applications require a finding that:
    (1) The applicant is fit, willing, and able to provide the involved 
transportation and to comply with all applicable statutory and 
regulatory provisions; and
    (2) The service proposed will serve a useful public purpose, 
responsive to a public demand or need.
    (e) Motor contract carrier of household goods, water contract 
carrier, household goods property broker, and household goods freight 
forwarder applications. These applications require a finding that:
    (1) The applicant is fit, willing, and able to provide the involved 
transportation and to comply with all applicable statutory and 
regulatory provisions; and
    (2) The transportation to be provided will be consistent with the 
public interest and the national transportation policy of 49 U.S.C. 
10101.
    (f) Water common carrier applications. These applications require a 
finding that:
    (1) The applicant is fit, willing, and able to provide the involved 
transportation and to comply with all applicable statutory and 
regulatory provisions; and
    (2) The transportation to be provided is or will be required by 
present or future public convenience and necessity.
    (g) Temporary authority (TA) for motor and water carriers. These 
applications require a finding that there is or soon will be an 
immediate transportation need that cannot be met by existing carrier 
service.

    Note: In view of the expedited time frames established in this 
part for processing requests for permanent authority, applications 
for TA will be entertained only in exceptional circumstances (i.e., 
natural disasters or national emergencies) when evidence of 
immediate service need can be specifically documented in a narrative 
supplement appended to Form OP-1. TA applications must be filed with 
the Regional Office which has jurisdiction over the area in which 
applicant's headquarters are located. Initial determinations of TA 
applications will be made by a Regional Motor Carrier Board.


Sec. 1160.5  Commission review of the application.

    (a) ICC staff will review the application for correctness, 
completeness, and adequacy of the evidence (the prima facie case).
    (1) Minor errors will be corrected without notification to the 
applicant.
    (2) Materially incomplete applications will be rejected. 
Applications that are in substantial compliance with these rules may be 
accepted.
    (3) All motor carrier applications will be reviewed for consistency 
with the Commission's operational safety fitness policy. Applicants 
with ``Unsatisfactory'' safety fitness ratings from DOT will have their 
applications rejected.
    (4) An employee board of the Commission appointed under 
Sec. 1011.6(g) will review completed applications that conform with the 
Commission's safety fitness policy and that are accompanied by evidence 
of adequate financial responsibility.
    (5) Financial responsibility is indicated by filing with the 
application form:
    (i) Form BMC-91 or 91X or BMC 82 surety bond--Bodily injury and 
property damage (motor property and passenger carriers; household goods 
freight forwarders that provide pickup or delivery service directly or 
by using a local delivery service under their control).
    (ii) Form BMC-84--Surety bond or Form BMC-85--trust fund agreement 
(property brokers of general commodities and household goods).
    (iii) Form BMC-34 or BMC 83 surety bond--Cargo liability (motor 
property common carriers and household goods freight forwarders).
    (6) All applications also must be accompanied by Form BOC-3--
designation of legal process agents.
    (b) A summary of the application will be published as a preliminary 
grant of authority in the ICC Register to give notice to the public in 
case anyone wishes to oppose the application.


Sec. 1160.6  Appeals to rejections of the application.

    (a) An applicant has the right to appeal rejection of the 
application. The appeal must be filed at the Commission within 10 days 
of the date of the letter of rejection.
    (b) If the appeal is successful and the filing is found to be 
proper, the application shall be deemed to have been properly filed as 
of the decision date of the appeal.


Sec. 1160.7  Changing the request for authority or filing supplementary 
evidence after the application is filed.

    (a) Once the application is filed, the applicant may supplement 
evidence only with approval of the Commission.
    (b) Amendments to the application generally are not permitted, but 
in appropriate instances may be entertained at the discretion of the 
Commission.


Sec. 1160.8  After publication in the ICC Register.

    (a) Interested persons have 5 days from the date of ICC Register 
publication to file protests. See Subpart B of this part.
    (b) If no one opposes the application, the grant published in the 
ICC Register will become effective by issuance of a certificate, 
permit, or license.


Sec. 1160.9  Obtaining a copy of the application.

    After publication, interested persons may request a copy of the 
application by writing to the Commission-designated contract agent (as 
identified in the ICC Register), Room 2229, Interstate Commerce 
Commission Building.


Sec. 1160.10  Opposed applications.

    If the application is opposed, opposing parties are required to 
send a copy of their protest to the applicant.


Sec. 1160.11  Filing a reply statement.

    (a) If the application is opposed, applicant may file a reply 
statement. This statement is due within 15 days after ICC Register 
publication.
    (b) The reply statement may not contain new evidence. It shall only 
rebut or further explain matters previously raised.
    (c) The reply statement need not be notarized or verified. 
Applicant understands that the oath in the application form applies to 
all evidence submitted in the application. Separate legal arguments by 
counsel need not be notarized or verified.


Sec. 1160.12  Applicant withdrawal.

    If the applicant wishes to withdraw an application, it shall 
request dismissal in writing.

Subpart B--How To Oppose Requests for Authority


Sec. 1160.40  Definitions.

    A person wishing to oppose a request for permanent authority files 
a protest. A person filing a valid protest becomes a protestant.


Sec. 1160.41  Time for filing.

    A protest shall be filed (received at the Commission) within 5 days 
after notice of the application appears in the ICC Register. A copy of 
the protest shall be sent to applicant's representative at the same 
time. Failure timely to file a protest waives further participation in 
the proceeding.


Sec. 1160.42  Contents of the protest.

    (a) All information upon which the protestant plans to rely is put 
into the protest.
    (b) A protest must be verified, as follows:

    I, ________________, verify under penalty of perjury under laws 
of the United States of America, that the information above is true 
and correct. Further, I certify that I am qualified and authorized 
to file this protest. (See 18 U.S.C. 1001 and 18 U.S.C. 1621 for 
penalties.)

(Signature and Date)

    (c) A protest not in substantial compliance with applicable 
statutory standards or these rules may be rejected.
    (d) Protests must respond directly to the statutory standards for 
Commission review of the application. As these standards vary for 
particular types of applications, potential protestants should refer to 
the general criteria addressed at Sec. 1160.4 and may consult the 
Commission at (202) 927-7600 for further assistance in developing their 
evidence.


Sec. 1160.43  Withdrawal.

    A protestant wishing to withdraw from a proceeding shall inform the 
Commission and applicant in writing.

Subpart C--General Rules Governing the Application Process


Sec. 1160.60  Applicable rules.

    Generally, all application proceedings are governed by the 
Commission's Rules of Practice at 49 CFR parts 1100 through 1119 except 
as designated below.


Sec. 1160.61  Contacting another party.

    When a person wishes to contact a party or serve a pleading or 
letter on that party, it shall do so through its representative. The 
phone and FAX numbers and address of applicant's representative shall 
be listed in the ICC Register.


Sec. 1160.62  Serving copies of pleadings.

    (a) An applicant must serve all pleadings and letters on the 
Commission and all known participants in the proceeding, except that a 
reply to a motion need only be served on the moving party.
    (b) A protestant need serve only the Commission and applicant with 
pleadings or letters.


Sec. 1160.63  Replies to motions.

    Replies to motions filed under this part are due within 5 days of 
the date the motion is filed at the Commission.


Sec. 1160.64  FAX filings.

    FAX filings of applications and supporting evidence are not 
permitted. To assist parties in meeting the expedited time frames 
established for protesting an application, however, the Commission will 
accept FAX filings of protest and any reply or rebuttal evidence. FAX 
filings of these pleadings must be followed by the original document 
for Commission recordkeeping purposes.

Parts 1161, 1162, and 1163 [Removed]

    6. Parts 1161, 1162, and 1163 are proposed to be removed.

Appendix A--Will Not Be Published in CFR

INTERSTATE COMMERCE COMMISSION APPLICATION FOR AUTHORITY

For Commission Use only

Docket No. MC----------------------------------------------------------
Filed------------------------------------------------------------------
Fee No.----------------------------------------------------------------

GENERAL INFORMATION TO BE COMPLETED BY ALL APPLICANTS

DO YOU NOW HAVE AUTHORITY FROM OR AN APPLICATION FOR PENDING BEFORE THE 
ICC

{time}  YES  {time}  NO

    If YES, identify the lead docket number or numbers: __________
----------------------------------------------------------------------

Name of Applicant:-----------------------------------------------------

Applicant Doing Business As:-------------------------------------------

FORM OF BUSINESS (Check only one):

{time}  CORPORATION. State of incorporation __________________

{time}  PARTNERSHIP. Identify partners __________________

----------------------------------------------------------------------
{time}  SOLE PROPRIETORSHIP. Name of individual __________________

----------------------------------------------------------------------
Business location      (Telephone Number)

----------------------------------------------------------------------
Mailing address (if different from above)

----------------------------------------------------------------------
Representative: Person to whom inquiries may be made

----------------------------------------------------------------------
(Name)

----------------------------------------------------------------------
(Title, position, or relationship to applicant)

----------------------------------------------------------------------
(Street/P.O. Box)

----------------------------------------------------------------------
(City)        (State)

----------------------------------------------------------------------
(Zip Code)      (Telephone Number)

----------------------------------------------------------------------

REGISTRATATION WITH U.S. DEPARTMENT OF TRANSPORTATION

    You are required to register with the U.S. Department of 
Transportation (U.S. DOT) within 90 days of initiating motor carrier 
operations. U.S. DOT will issue you a registration number. (See page 
__________ of instructions for how to register.)
    If you already have been issued a U.S. DOT number, provide it 
here:__________________

AFFILIATIONS

    Disclose any relationship between applicant, any person having 
an interest in applicant, and/or any other ICC regulated 
transportation company (for example, percentage stock ownership, 
loans, voting, or management arrangements) within the last three 
years. Provide ICC docket numbers (license numbers), and if 
applicable, U.S. DOT numbers of involved companies and indicate U.S. 
DOT safety fitness ratings of all commonly controlled motor 
carriers.

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

APPLICANT SEEKS TO OPERATE AS (Check one or more)

------------------------------------------------------------------------
         Type of authority                    You must complete         
------------------------------------------------------------------------
{time} MOTOR PROPERTY COMMON         This entire form                   
 CARRIER.                                                               
{time} MOTOR PROPERTY CONTRACT       This entire form                   
 CARRIER.                                                               
{time} HOUSEHOLD GOODS CARRIER.....  This entire form and Schedule A    
{time} PROPERTY BROKER.............  Oath and filing fee information    
                                      below                             
{time} HOUSEHOLD GOODS BROKER......  Oath and filing fee information    
                                      below and Schedule B              
{time} MOTOR PASSENGER CARRIER.....  Safety Fitness Evidence, oath and  
                                      filing fee information below and  
                                      Schedule C                        
{time} WATER CARRIER...............  Oath and filing fee information    
                                      below and Schedule D              
{time} HOUSEHOLD GOODS FREIGHT       Oath and filing fee information,   
 FORWARDER.                           insurance information below (only 
                                      if you operate or control vehicles
                                      performing pickup and delivery    
                                      services) and Schedule E          
------------------------------------------------------------------------

HAZARDOUS MATERIALS AUTHORITY (See page ______ of instructions before 
completing.)

INSURANCE INFORMATION

    Note: The section must be completed by ALL motor property 
carrier applicants and form BMC-91 or BMC-91X (obtained from your 
insurance company) must be filed with this application. The dollar 
amounts in parentheses represent the minimum amount of bodily injury 
and property damage insurance you must maintain. (See page 
__________ of instructions for further information about additional 
insurance requirements.)
    Check one or more boxes, as applicable to your operations:

{time}  Will use vehicles with Gross Vehicle Weight Ratings (GVWR) 
of 10,000 pounds or more to transport (Check one):

{time}  Non-hazardous commodities ($750,000).

{time}  Hazardous materials referenced in the Commission's insurance 
regulations at 49 CFR 1043.2(b)(2)(c) ($1,000,000).

{time}  Hazardous materials referenced in the Commission's insurance 
regulations at 49 CFR 1043.2(b)(2)(b) ($5,000,000).

{time}  Will use only vehicles having GVWR under 10,000 pounds; and

{time}  Will transport any quantity of Class A or B explosives, any 
quantity of poison gas (Poison A), or highway route-controlled 
quantity of radioactive materials ($5,000,000).

{time}  Will transport commodities other than those listed above 
($300,000).

SAFETY FITNESS EVIDENCE

    Applicants for motor carrier authority must provide the Safety 
Certification requested below. If you currently have a U.S. DOT 
safety fitness rating of ``Unsatisfactory'' the Commission cannot 
process your application. DO NOT APPLY FOR AUTHORITY UNTIL YOU 
RECEIVE AN IMPROVED SAFETY FITNESS RATING.

SAFETY CERTIFICATION

    If your operations are subject to the Federal safety fitness 
standards as defined in U.S. DOT regulations (49 CFR Parts 390-399), 
and even if you have not yet received a safety fitness rating, you 
must certify as follows:
    Applicant has access to and is familiar with all applicable U.S. 
DOT regulations relating to the safe operation of commercial 
vehicles and the safe transportation of hazardous materials, and it 
will comply with these regulations. In so certifying, applicant is 
verifying that, at a minimum, it:

(1) Has in place a system and an individual responsible for ensuring 
overall compliance with Federal motor carrier safety fitness 
regulations;
(2) Can produce a copy of the Federal Motor Carrier Safety 
Regulations and the Hazardous Materials Transportation Regulations;
(3) Has in place a driver safety training/orientation program;
(4) Is familiar with and has in place a system for complying with 
U.S. DOT regulations governing notification and reporting of 
accidents (49 CFR Part 394);
(5) Is familiar with U.S. DOT regulations governing driver 
qualifications and has in place a system for overseeing driver 
qualification requirements (49 CFR Part 391);
(6) Has in place policies and procedures consistent with U.S. DOT 
regulations governing driving and operational safety of motor 
vehicles, including drivers' hours of service and vehicle 
inspection, repair, and maintenance (49 CFR Parts 392, 395, and 
396).

{time}  YES

    EXEMPT APPLICANTS--If you will operate only small vehicles (GVWR 
of 10,000 pounds or less) and thus are exempt by U.S. DOT 
regulations from the Federal safety fitness regulations, you must 
certify as follows:
    Applicant is familiar with and will observe U.S. DOT general 
operational safety fitness guidelines, as well as any applicable 
State laws and regulations relating to the safe operation of 
commercial motor vehicles.

{time}  Yes

APPLICANT'S OATH

I, ______________________________, verify------------------------------
(Name and Title of Witness)

under penalty of perjury, under the laws of the United States of 
America, that all information supplied on this form or relating to 
this application is true and correct. Further, I certify that I am 
qualified and authorized to file this application. I know that 
willful misstatements or omissions of material facts constitute 
Federal criminal violations punishable under 18 U.S.C. 1001 by 
imprisonment up to 5 years and fines up to $10,000 for each offense. 
Additionally, these misstatements are punishable as perjury under 18 
U.S.C. 1621, which provides for fines up to $2,000 or imprisonment 
up to 5 years for each offense. (NOTE: this oath embraces all 
schedules and supplemental filings to this application.)
    I further certify, under penalty of perjury under the laws of 
the United States, that I have not been convicted, after September 
1, 1989, of any Federal or State offense involving the distribution 
or possession of a controlled substance, or that if I have been so 
convicted I am not ineligible to receive Federal Benefits, either by 
court order or operation of law, under 21 U.S.C. 853a.
    Finally, I certify that applicant is not domiciled in Mexico or 
owned or controlled by persons of that country.
    Note: Signature must be that of applicant, not legal 
representative.

----------------------------------------------------------------------
(Signature & Date)

FILING FEE INFORMATION

APPLICATION FOR AUTHORITY
$300

    You must submit a $300 filing fee for each type of authority 
requested. Fees for multiple applications may be combined in a 
single payment.

INDICATE AMOUNT $____________ AND METHOD OF PAYMENT:

{time}  CHECK or {time}  MONEY ORDER made payable to Secretary, 
Interstate Commerce Commission.
{time}  VISA {time}  MASTER CARD

Credit Card No.--------------------------------------------------------

Expiration Date:-------------------------------------------------------

Signature:-------------------------------------------------------------

Date:------------------------------------------------------------------
[FR Doc. 94-25145 Filed 10-11-94; 8:45 am]
BILLING CODE 7035-01-P