[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39874-39875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19225]
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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; suspension of effectiveness.
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SUMMARY: The Commission is suspending the effectiveness of its recent
revisions to the receipt provisions of its Single State Insurance
Registration regulations. The Commission is acting in response to a
petition by state interests. The suspension will maintain the status
quo while interested parties consider alternatives to the existing
registration system.
EFFECTIVE DATES: Effective August 4, 1995, Sec. 1023.5, as revised at
60 FR 30011, June 7, 1995, is suspended from August 4, 1995, until
January 1, 1997. Section 1023.5 is reinstated effective August 4, 1995,
through December 31, 1996.
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
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 pursuant to Congressional revisions to 49 U.S.C.
11506--Registration of Motor Carriers by a State. 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 the matter to the
Commission for further consideration.
Upon consideration of the court's opinion and the comments filed by
interested parties, the Commission adopted final rules revising the
receipt provisions of the regulations in a decision served June 6,
1995, and notice published at 60 FR 30011 on June 7, 1995. Under the
revised rules at 49 CFR 1023.5, 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. The new rules took effect July 7, 1995,
in order to cover filings relating to the 1996 registration year.
By a petition filed July 11, 1995, the National Conference of State
[[Page 39875]]
Transportation Specialists (NCSTS) has requested that the Commission
postpone the effectiveness of its revised rules for one year. The
American Trucking Associations and the American Insurance Association
have filed letters supporting the petition. NCSTS indicates that it is
working with the motor carrier and insurance industries and the U.S.
Department of Transportation to create a new insurance program.
In order to maintain the status quo while interested parties
consider alternatives to the existing registration system, the
Commission is granting the request. However, as the revised rules went
into effect before the NCSTS filed its petition, the Commission is
suspending, rather than postponing, the effectiveness of the revised
rules and reinstating the rules that previously were in effect.
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. We are continuing the
effectiveness of rules that have been in place for 2 years and
suspending the effectiveness of recently revised rules found not likely
to have a significant economic impact. Thus, the economic impact on
small entities, if any, 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.
Accordingly, 49 CFR chapter X is amended as set forth below.
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, which was revised at 60 FR 30011 on June 7,
1995, is suspended from August 4, 1995, until January 1, 1997.
3. Section 1023.5 is reinstated from August 4, 1995, until December
31, 1996, 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.
(1) The receipt must contain only information identifying the
carrier and specifying the States for which fees were paid.
Supplemental receipts need contain only information relating to their
underlying supplemental registrations.
(b) Receipts issued pursuant to a filing made during the annual
registration period specified in Sec. 1023.4(b)(2) must be issued
within 30 days. All other receipts must be issued by the 30th day
following the date of filing of a fully acceptable supplemental
registration application. All receipts 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.
(d) A motor carrier may make copies of receipts to the extent
necessary to comply with the provisions of paragraph (e) of this
section. However, it may not alter a receipt or a copy of a receipt.
(e) A motor carrier must maintain in each of its motor vehicles a
copy(ies) of its receipt(s), indicating that it has filed the required
proof of insurance and paid the required fees.
(f) The driver of a motor vehicle must present a copy(ies) of a
receipt(s) for inspection by any authorized government personnel on
reasonable demand.
(g) 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: July 31, 1995.
By the Commission, Chairman Morgan, Vice Chairman Owen, and
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-19225 Filed 8-3-95; 8:45 am]
BILLING CODE 7035-01-P