[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