[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