[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12749] [[Page Unknown]] [Federal Register: May 25, 1994] ======================================================================= ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION 49 CFR Part 1023 [Ex Parte No. MC-100 (Sub-No. 6)] Single State Insurance Registration [Petition of Lee's Permit Service, et al.] AGENCY: Interstate Commerce Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Commission is proposing to revise its regulations pertaining to registration by motor carriers with States. The Commission has learned that delays inherent in the registration process are diminishing or negating the usefulness of emergency temporary and temporary motor carrier operating authorities. The proposed regulations provide expedited registration procedures for carriers operating under such temporary authorities and establish concomitant enforcement mechanisms for the participating States. DATES: Comments must be submitted by June 14, 1994. ADDRESSES: The original and 10 copies of comments identified as such and referring to Ex Parte No. MC-100 (Sub-No. 6) must be sent to: Interstate Commerce Commission, Office of the Secretary, Case Control Branch, Washington, DC 20423. FOR FURTHER INFORMATION CONTACT: Kenneth H. Schwartz (202) 927-5316 or Joseph H. Dettmar (202) 927-5660. (TDD for hearing impaired: (202) 927- 5721.) SUPPLEMENTARY INFORMATION: In response to a petition jointly filed by motor carrier consulting companies Lee's Permit Service and Little Debby's Tag Service (petitioners), the Commission is proposing to amend the Single State Registration System (SSRS) rules it promulgated in Single State Insurance Registration, 9 I.C.C.2d 610 (1993). Petitioners have found that some States participating in the SSRS take 2 to 3 weeks to process applications. Under the SSRS rules, carriers may not operate lawfully in participating States without carrying copies of registration receipts in their vehicles. Petitioners argue that the delay diminishes the usefulness of their temporary authorites. To address the situation, the Commission is proposing regulations providing expedited registration procedures for carriers operating under temporary authorities. The Commission invites interested parties to submit comments on the proposed rules. In addition, parties may address the necessity and feasibility of modifying the current registration application form, appearing as appendix A to 49 CFR part 1023, in lieu of or in addition to adopting new rules. In this connection, parties may address the feasibility of a carrier's maintaining in its vehicles a copy of a filed application and/or a filed notice. The Commission encourages parties that are in agreement to submit joint filings. Parties adopting by reference the comments submitted by others need not submit copies of the referenced material. Additional information is contained in the Commission's decision. To obtain a copy of the full decision, write to, call, or pick up in person from: Office of the Secretary, room 2215, Interstate Commerce Commission, Washington, DC 20423. Telephone: (202) 927-7428. (Assistance for the hearing impaired is available through TDD service (202) 927-5721.) Initial Regulatory Flexibility Certification Pursuant to 5 U.S.C. 605(b), we preliminarily conclude that our proposed action in this proceeding will not have a significant economic impact on a substantial number of small entities. The purpose of our action is to enable motor carriers that gain temporary operating authorities to be able immediately to use their authorities without fear of incurring State fines. Compliance by carriers with a simple, expedited filing and copying requirement would result in relief from the threat of State regulatory enforcement. The economic impact on small entities, if any, should be positive but is not likely to be significant within the meaning of the Regulatory Flexibility Act. We invite parties to comment on the issue of economic impact on small entities in order to assist us in making findings in this area. Environmental and Energy Considerations We preliminarily conclude that the proposed 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. For the reasons set forth in the preamble, the Commission proposes to amend chapter X of title 49 of the Code of Federal Regulations, part 1023, as follows: 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 1023.4 is amended by revising the last sentence of paragraph (c)(1), redesignating paragraphs (g) and (h) as (h) and (i), and adding new paragraph (g) to read as follows: Sec. 1023.4 Requirements for registration. * * * * * (c) * * * (1) * * * A carrier granted emergency temporary authority or temporary authority may, in the alternative, comply with the requirements of paragraph (g) of this section. * * * * * (g) A carrier granted emergency temporary authority (ETA) or temporary authority (TA) must, prior to operating additional equipment and/or commencing new operations in a participating State, submit to its registration State by express mail, telegram, or facsimile (FAX) document a notice that the Commission has granted the carrier ETA or TA, specifying the date on which the carrier will commence operating. The carrier must file an appropriate registration application, including a description of the ETA or TA, within 10 days thereafter. (1) If such carrier filing notice of ETA or TA already holds permanent motor carrier operating authority, it must include with its notice a certification that it is in full compliance with the Commission's requirements at 49 CFR part 1043 governing public liability security and at 49 CFR part 1044 governing designation of agents for service of process. (2) If such carrier filing notice of ETA or TA does not already hold permanent motor carrier operating authority, in the case of a grant of ETA, it must include with its notice a certification that it has given the Commission's appropriate Regional Office the name of its public liability insurer, its policy number, the effective and expiration dates of its policy, and the coverage limits of its policy, and that it has made an appropriate designation of process agents filing with the Commission under 49 CFR part 1044. (3) If such carrier filing notice does not already hold permanent motor carrier operating authority, in the case of a grant of TA, it must include with its notice a certification that it has made an appropriate public liability insurance filing with the Commission under 49 CFR part 1043 and an appropriate designation of process agents filing with the Commission under 49 CFR part 1044. * * * * * 3. Section 1023.5 is amended by redesignating paragraph (g) as paragraph (h) and by adding new paragraph (g) to read as follows: Sec. 1023.5 Registration receipts. * * * * * (g) A motor carrier operating under emergency temporary authority or temporary authority may satisfy the requirements of paragraphs (e) and (f) of this section by maintaining in each of its motor vehicles and presenting for inspection a copy of the notice it filed with its registration State under the provisions of Sec. 1023.4(g). * * * * * Decided: May 16, 1994. By the Commission, Chairman McDonald, Vice Chairman Phillips, Commissioners Simmons and Morgan. Sidney L. Strickland, Jr., Secretary. [FR Doc. 94-12749 Filed 5-24-94; 8:45 am] BILLING CODE 7035-01-P