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 for motor property carriers, Form OP-1MX for Mexican property carriers, Form OP-1(P) for motor passenger carriers, and Form OP-1(W) for water carriers. 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.

[59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995]

§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 § 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 within 20 days from the date an application notice is published in the ICC Register:

(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) Applicants also must submit Form BOC-3-designation of legal process agents within 20 days from the date an application notice is published in the ICC Register.

(7) Applicants seeking to conduct operations for which tariffs are required may not commence such operations until tariffs are on file with the Commission and in effect.

(8) All applications must be completed in English.

(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.

[59 FR 63728, Dec. 9, 1994, as amended at 60 FR 63981, Dec. 13, 1995]

§ 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.

§ 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.

§ 1160.8 After publication in the ICC Register.

(a) Interested persons have 10 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.

§ 1160.9 Obtaining a copy of the application.

After publication, interested persons may request a copy of the application by contacting the Commission-designated contract agent (as identified in the ICC Register), Room 2229, Interstate Commerce Commission Building.

§ 1160.10 Opposed applications.

If the application is opposed, opposing parties are required to send a copy of their protest to the applicant.

§ 1160.11 Filing a reply statement.

(a) If the application is opposed, applicant may file a reply statement. This statement is due within 20 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.

§ 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

§ 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.

§ 1160.41 Time for filing.

A protest shall be filed (received at the Commission) within 10 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.

§ 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 §1160.4 of this part and may consult the Commission at (202) 9277600 for further assistance in developing their evidence.

§ 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 Proc

ess

§ 1160.60 Applicable rules.

Generally, all application proceedings are governed by the Commission's Rules of Practice at 49 CFR parts 11001105 and 1112–1117, except as designated below.

§ 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.

§ 1160.62 Serving copies of pleadings.

(a) An applicant must serve all pleadings and letters on the Commission and

$1166.1 Applicability.

The rules in this part provide special procedures by which water common carriers subject to the Commission's jurisdiction under subchapter III of chapter 105 of title 49 of the United States Code operating over a given waterway may extend their operations over newly completed sections of that waterway as they are opened to navigation. These rules implement 49 U.S.C. 10922(f)(3)(B).

§1166.2 Issuance of a certificate without proof of public convenience and necessity.

If a water carrier complies with the conditions and procedures set forth in

§1166.3 Conditions and procedures.

To obtain a certificate under this part, a water carrier must:

(a) Hold authority to operate over a previously opened portion of the waterway involved;

(b) Institute service over the newly completed portion of the waterway within 120 days after it is opened to navigation; and

(c) File its application, on Commission Form OP-1(W), not later than the date of the filing of tariffs establishing rates and charges for transportation of passengers or property over the portion of the waterway embraced in the application, and in no event later than the date on which the extended operations are instituted.

[47 FR 49590, Nov. 1, 1982, as amended at 59 FR 63730, Dec. 9, 1994]

§ 1167.1 Applicability.

Compensated transportation service by a member of a corporate family for other members of the same family (Compensated Intercorporate Hauling or CIH) is exempt from Interstate Commerce Commission regulation if proper notice is given. To qualify for the exemption, the participants must be members of a corporate family in which the parent owns, either directly or indirectly, a 100 percent interest in the subsidiaries. However, no corporation operating chiefly as a for-hire carrier may use an affiliate operating under the exemption of 49 U.S.C.

10524(b) to transport freight tendered to it as a carrier.

§ 1167.2 Notification.

(a) General requirements. The corporate parent seeking to initiate CIH must submit a FEDERAL REGISTER notice as follows:

Notice of Intent to Engage in Compensated

Intercorporate Hauling Operations

This is to provide notice as required by 49 U.S.C. 10524(b)(1) that the named corporations intend to provide or use compensated intercorporate hauling operations as authorized in 49 U.S.C. 10524(b).

1. Parent corporation and address of principal office:

2. Wholly owned subsidiaries which will participate in the operations, and State(s) of incorporation:

(b) Affidavit and declaration. The notice shall include the following affidavit and declaration (which need not be notarized) by a person legally qualified to act for the parent:

(c) To whom notice sent. The original and one copy of the notice of intent to engage in CIH shall be sent to the Commission in an envelope marked: "CIH Notice.' The Secretary's Office will issue an acknowledgment indicating whether the submission is in order, and giving a projected publication date. CIH operations may commence as soon as the required notice is placed in the mails or, if hand-delivered, upon receipt at the Commission's office.

(d) Cover letter requirement. Where the office that has prepared a notice for a corporate family differs from the one executing the notice, that office shall be identified in a cover letter attached to the tendered notice.

(e) Miscellaneous. The filing of a CIH notice does not initiate a proceeding before the Commission. Publication of a notice is a ministerial function and does not indicate Commission inves

tigation or affirmation of the representations appearing in the notice concerning corporate affiliation nor does it create a right of protest.

(f) Fees. All required filings shall include the appropriate fee. See 49 CFR part 1002.

[55 FR 11204, Mar. 27, 1990, as amended at 55 FR 47338, Nov. 13, 1990]

§ 1167.3 Change in participation.

(a) If the parent intends that an additional subsidiary participate in CIH, it shall file an updated notice.

(b) Whenever the corporate parent's interest in a subsidiary participating in CIH becomes less than 100 percent, operations under 49 U.S.C. 10524(b) by or for that subsidiary shall be discontinued and the parent shall file an updated notice within 10 days.

(c) Updated notices shall be submitted in the format required by §1167.3(a), and will be published in the FEDERAL REGISTER.

(d) An updated notice need not be filed where an action by a corporate family affects the status of a member participating in CIH, but the scope of the operations remains unchangede.g., absorption of a subsidiary into a parent resulting in extinction of its separate corporate status. However, name changes require an updated notice.

PART 1170-EMPLOYEE PROTECTION FOR MOTOR PASSENGER CARRIERS

Sec.

1170.1 Applicability. 1170.2 Application. 1170.3 Opposition. 1170.4

Commission action. 1170.5 List of available jobs.

AUTHORITY: 49 U.S.C. 10321; 5 U.S.C. 553; and Pub. L. 97-261, sec. 27.

SOURCE: 55 FR 11206, Mar. 27, 1990, unless otherwise noted.

§ 1170.1 Applicability.

Section 27 of the Bus Regulatory Reform Act of 1982 is designed to protect employees of bus companies who lose their jobs because of reduction or discontinuance of regular-route bus service. These rules govern applications

under section 27 by individuals seeking a determination of eligibility for protection. To be eligible for protection in the form of priority in seeking reemployment, the individual must have worked for a bus company on or before September 20, 1980, and have been fired after September 20, 1982 because of a reduction or discontinuance of regularroute bus operations. Furloughed personnel who have a right of recall by their employer are not eligible.

§ 1170.2 Application.

(a) The application shall contain the following information:

(1) The caption "Bus Employment Protection Application", at the top of page one;

(2) The individual's name and address;

(3) The full name and "MC" number of the carrier by whom the individual was employed;

(4) The dates on which the individual's employment with that carrier began and terminated;

(5) The reason(s) for the termination; (6) The specific discontinuance or reduction of service that caused the termination; and

(7) The individual's occupational specialty.

(b) The lower left corner of the envelope should be marked: "Bus Employment Protection Application:", followed by applicant's full name. (If there is more than one applicant, list only one name and indicate the number of others.)

(c) A copy of the application must be sent to the carrier by whom the individual was employed.

§ 1170.3 Opposition.

(a) Any interested person may contest the application within 20 days after its filing.

(b) A letter or other written statement contesting an application shall include evidence showing that discontinuance or reduction in service was not a contributing factor to the termination of applicant's employment, and/or that the applicant or the circumstances are not covered by the statutory criteria.

(c) The lower left corner of the envelope should be marked: "Bus Employ

ment Protection Opposition:", followed by the applicant's name as prescribed at § 1170.2(b).

(d) Applicant may reply to any opposition within 15 days after it is filed. A motion must be filed within 15 days after the pleading it addresses is filed.

§ 1170.4 Commission action.

A decision disposing of an unopposed application will be served within 30 days after the application is filed. If the application is contested, a decision will be served within 60 days after the application is filed. Appeals are governed by 49 CFR 1115.2.

§ 1170.5 List of available jobs.

(a) Every carrier having annual gross revenues of over $3,000,000 derived from motor passenger common carrier operations shall, and any other motor passenger common carrier may, furnish to any Commission regional office a monthly list of available jobs, unless the carrier has no new job openings. The list must include a job description, job location, and the skills required for each available position.

(b) The Commission will publish and make available at all its offices a comprehensive list of available jobs, entitled Jobs Available From Class I Motor Passenger Carriers. A copy of the list will be mailed to each applicant, and to each eligible individual for 6 months following the Commission's determination of his eligibility, subject to renewal at his request. Additional copies will be available by paid subscription. Information may be obtained from the Office of the Secretary, room 2221, Interstate Commerce Commission, 12th & Constitution Avenue, NW., Washington, DC 20423.

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