Revision Of Application Procedures And Corresponding Regulations

INTERSTATE COMMERCE COMMISSION

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

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

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\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).

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Revision Of Application Procedures And Corresponding Regulations

AGENCY: Interstate Commerce Commission.

ACTION: Notice of proposed rulemaking.

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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: __________

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

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

FORM OF BUSINESS (Check only one):

{time} CORPORATION. State of incorporation __________________

{time} PARTNERSHIP. Identify partners __________________

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{time} SOLE PROPRIETORSHIP. Name of individual __________________

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Business location (Telephone Number)

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Mailing address (if different from above)

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Representative: Person to whom inquiries may be made

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(Name)

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(Title, position, or relationship to applicant)

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(Street/P.O. Box)

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(City) (State)

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(Zip Code) (Telephone Number)

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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.

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APPLICANT SEEKS TO OPERATE AS (Check one or more)

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Type of authority You must complete

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{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

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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.

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(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