[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)] [Rules and Regulations] [Pages 42822-42823] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-21018] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 49 CFR Part 390 [FHWA Docket No. MC-93-17] RIN 2125-AD14 Federal Motor Carrier Safety Regulations; Intermodal Transportation AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice; extension of effective date. ----------------------------------------------------------------------- SUMMARY: The FHWA announces the extension of the effective date of its final rule, published on December 29, 1994, implementing provisions of the Intermodal Safe Container Transportation Act of 1992. The rule was scheduled to take effect on September 1, 1996, but the FHWA believes that further extension of the effective date until January 2, 1997, is appropriate based on the inability, to date, of the educational and informational outreach program undertaken by the FHWA to reach many foreign shippers; a request from several Senators to delay the effective date of this rule pending consideration of legislation to amend the Act; and two petitions received earlier by the FHWA for exemptions and amendments to the rule, which are currently outstanding. DATES: The effective date of the final rule published on December 29, 1994, at 59 FR 67544 has been extended to January 2, 1997. FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor Carrier Research and Standards, (202) 366-5763; or Mr. Charles E. Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway Administration, 400 Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: On December 29, 1994, the FHWA published a final rule (59 FR 67544) which implemented the Intermodal Safe Container Transportation Act of 1992 (the Act) (Pub. L. 102-548, 106 Stat. 3646, partly codified at 49 U.S.C. 5901-5907 (formerly 49 U.S.C. 501 and 508)). On August 10, 1995 (60 FR 40761), the FHWA extended the rule's effective date until September 1, 1996, to allow the intermodal transportation industry sufficient time to comply by means of electronic data interchange, and to allow the FHWA, the intermodal transportation industry, and other parties enough time to inform affected domestic and foreign entities of their responsibilities. In April and August of 1995, the FHWA received two petitions for exemptions and amendments to the rule. The FHWA delayed the international distribution of pamphlets about the rule and other related educational projects until resolution of the petitions. On March 29, 1996, the petitioners along with an industry coalition requested that the FHWA delay its decision on the petitions and later notified the agency that they would seek legislative action to amend the Act. On July 16, 1996, a bill to amend the Act was introduced by the Chairman of the Senate Committee on Commerce, Science, and Transportation with co-sponsorship of the Chairman and ranking minority member of the Subcommittee on Surface Transportation and Merchant Marine. The bill (S. 1957) would raise the jurisdictional weight threshold from 4,536 kilograms (10,000 pounds) to 13,154 kilograms (29,000 pounds); reduce or eliminate paperwork burdens; provide clarification concerning applicability, requirements, and terminology; and establish additional liabilities. On July 23, 1996, the [[Page 42823]] sponsors of S. 1957 sent a letter to the Secretary of Transportation requesting that the rule's September 1, 1996, effective date be extended. The Senators expressed concern that implementation as currently planned could have devastating consequences on intermodal transportation including delays and severe congestion at ports. The FHWA believes a further extension is appropriate because the two petitions before the agency are not resolved, a significant number of foreign entities are not familiar with their responsibilities, and implementation of the rule prior to possible enactment of S. 1957 could disrupt both interstate and foreign commerce. In the event that the rule became effective on September 1 and S. 1957 later became law, the rule would have to be suspended once again until it could be amended in accordance with the new law. In view of the international reach of the Act and the difficulty of explaining United States laws and regulations to foreign shippers and their intermediaries, the FHWA has determined that a further extension of the rule's effective date is warranted in order to avoid the risk of confusion and disruption that would result from frequent regulatory changes. The FHWA is therefore extending the effective date of the final rule until January 2, 1997. Authority: 49 U.S.C. 5901-5907, 31132, 31133, 31136, 31502, and 31504; 49 CFR 1.48. Issued on: August 8, 1996. Rodney E. Slater, Federal Highway Administrator. [FR Doc. 96-21018 Filed 8-16-96; 8:45 am] BILLING CODE 4910-22-M