Program for Qualifying Department of Defense Ground Passenger Carriers

Federal RegisterSep 26, 1997

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DEPARTMENT OF DEFENSE

Department of the Army

Program for Qualifying Department of Defense Ground Passenger

Carriers

AGENCY: Military Traffic Management Command, DOD.

ACTION: Notice.

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SUMMARY: Reference previous Notice (Request for comments) in Federal

Register, Vol. 62, No. 61, dated March 31, 1997, page 15165, provided a

60 day comment period on the proposed changes to the Military Bus

Agreement (MBA). Comments and Military Traffic Management Command

(MTMC's) responses to those comments are addressed accordingly and are

provided below. The MBA is amended to improve the standards for

qualifying carriers transporting Department of Defense (DOD) passengers

by bus, van and limousine service. The improvements are prepared under

a new basic Agreement. The changes affect all current and future ground

passenger carriers transporting for the DOD. A copy of the final

Agreement between Military Traffic Management Command (MTMC) and ground

passenger carriers is available upon request.

EFFECTIVE DATE: This new basic Agreement is effective 1 October 1997.

FOR FURTHER INFORMATION CONTACT: Leesha Saunders at 703-681-6393;

Headquarters, Military Traffic Management Command, ATTN: MTOP-QQ, Room

630, 5611 Columbia Pike, Falls Church, VA 22041-5050.

SUPPLEMENTARY INFORMATION:

Comments: The following comments were received from Industry:

Comment 1. (II-2 Carrier Application., c. & Department of

Transportation (DOT) Rating) Continental Air Transport commented on the

regulatory procedures for their individual company in relation to the

DOT safety fitness rating for all carriers applying to the Military Bus

Program. The carrier operates ten passenger vans. These vehicles are

too small to be regulated by the Department of Transportation (DOT);

therefore, they cannot obtain a safety fitness rating from DOT.

Response 1. These objections reflect concerns relevant to a van

carrier like Continental Air Transport. The DOT's safety fitness rating

requirements for the MBA is for carriers whose vehicles seat 16

passengers or more including the driver. Under the present and future

MBA application requirements, carriers whose vehicles seat a maximum of

15 passengers are only required to submit copies of their vehicle

licenses with their applications. Van & limousine carriers applying for

approval from deregulated states must submit a notarized letter

indicating they meet all state requirements.

Comment 2. (III-8 Driver Qualifications) Continental Air Transport

Company comments that the state of Illinois and the DOT do not require

their drivers to have Commercial Driver's Licenses (CDL). In addition,

the carrier comments it is not possible to get a CDL specifically for

their vehicle capacity. The carrier further explains its driving staff

undergoes in-house training including the National Safety Council's

Defense Driving Course. Recommended change is that the statement ``* *

* hold a current commercial driver's license * * *'' be deleted from

this section and maintain the following wording: ``* * * be properly

qualified and licensed and operate the type of equipment owned by the

carrier.''

Response 2. Continental Air Transport Co. comment refers to

carriers with vehicles seating less than 16 passengers. Many companies

making application to the MBA operate vehicles that seat more than 16

passengers and those drivers are required by federal and local

regulations to have and carry their CDL. Therefore, the following

sentence change is made: ``Drivers, in addition to meeting the DOT's

requirements, must be legal residents of the United States, be able to

communicate in English, hold a current commercial driver's license or

be properly qualified and licensed to operate the type of equipment

owned by the carrier.''

Comment 3. (III-9 Financial Statements) Continental Air Transport

Co. believes that carriers would have problems providing copies of

their financial statements to MTMC for qualifying for the MBA.

Response 3. The proof of the financial stability of carriers is to

reduce the risk to the Department of Defense of approving carriers who

are not financially able to provide safe and reliable passenger

service. Thus, financial information is required at time of application

or upon request of the MTMC. However, the requirement for Certified

Public Accountant audited statements is removed.

MTMC is the agency established within the DOD for the procurement

of land transportation from commercial carriers for DOD passengers,

their families and impedimenta, in domestic movements procured by the

MTMC and DOT Transportation Offices. In light of current deregulation

and changing federal regulations, MTMC is modifying the passenger

policies in order to improve the current qualification program. The MBA

is the standards of service carriers must meet for MTMC approval

including the Federal Motor Carrier Safety Regulations and DOD

passenger requirements. Under the new Agreement carriers must show

compliance with federal, state and DOD passenger safety requirements.

All bus, van and limousine carriers currently approved by MTMC will be

required to re-sign the new MBA and provide proof of insurance, company

drug testing, financial and additional information newly established

under the revised Amendment.

Alan M. Cox,

Colonel, U.S. Army, Acting Chief, Qualification Division.

[FR Doc. 97-25635 Filed 9-25-97; 8:45 am]

BILLING CODE 3710-08-M

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