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[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 58946-58947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28877]

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DEPARTMENT OF DEFENSE

Department of the Army

Movement of Foreign Military Sales (FMS) Shipments--Proposed 
Policy Change

AGENCY: Military Traffic Management Command.

ACTION: Notice.

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SUMMARY: The Military Traffic management command (MTMC) proposes to 
change the application of the Guaranteed Traffic (GT) and related 
freight movement programs to include movement of Foreign Military Sales 
(FMS) material. This proposed new policy was previously announced in 
the Federal Register on December 13, 1995, but was declared invalid on 
substantive and procedural grounds by the United States District Court 
for the District of Columbia in the case of Munitions Carriers 
Conference, Inc., et al versus United States of America 932F. Supp. 334 
(D.D.C. June 19, 1996) (``MTMC I''). The government's appeal of that 
decision is presently pending before the United States Court of Appeals 
for the District of Columbia Circuit in Appeal No. 97-5119. 
Accordingly, MTMC does not propose to put the proposed policy into 
effect unless and until the District Court's decision in MTMC I is 
modified or reversed on appeal. The instant notice of proposed policy 
change is nevertheless being published at this time both to provide an 
opportunity for public comment on the proposed policy, and in an effort 
to address certain jurisdictional issues that might otherwise interfere 
with meaningful judicial review of the District Court's substantive 
ruling in MTMC I.
    The policy change, if adopted, will be effective for new movements 
and for resolicited MTMC GT freight solicitations no earlier than 60 
days after publication of this notice. This policy change will also 
apply, if adopted, to all other applicable effective MTMC GT movements 
and related freight movement programs. Carriers performing under 
existing GT agreements and related freight movement programs will be 
given the opportunity to voluntarily participate in the FMS movements. 
FMS movements will only be offered to those carriers who voluntarily 
participate. This policy change is the result of congressional repeal 
of most tariff requirements for motor carriers (other than carriers of 
household goods) in the Interstate Commerce Act.

DATES: This policy change, if adopted, will be effective no earlier 
than December 30, 1997. Interested parties are requested to submit 
comments on this proposal. All comments submitted within 60 days of 
publication of this notice will be considered prior to any decision on 
whether to adopt this proposal.

ADDRESSES: Comments should be addressed to Headquarters, Military 
Traffic Management Command, Room 117, 5611 Columbia Pike, Falls Church, 
VA 22041-5050, ATTN: MTTM-D (Barbara McGinnis).

FOR FURTHER INFORMATION CONTACT:
Ms. Barbara McGinnis, (703) 681-6103.

[[Page 58947]]

SUPPLEMENTARY INFORMATION: Historically, the Interstate Commerce Act 
provided that carriers could provide transportation only at the rates 
set forth in a tariff filed with the Interstate Commerce Commission. A 
carrier could not charge a shipper any rate different from the filed 
tariff rate, with the exception that under 49 U.S.C. 10721 the carrier 
could transport property for the U.S. Government ``at reduced rates'', 
meaning rates that were reduced from the common carrier's tariff rates. 
By Pub. L. 103-311 (The Trucking Industry reform Act of 1994), 
effective 26 August 1994, and Pub. L. 104-88 (The ICC Termination Act 
of 1995), effective 29 December 1995, congress repealed the requirement 
that motor carriers (other than carriers of household goods) file a 
tariff and apply that tariff. With some exceptions, tariffs are no 
longer filed by motor carriers with the Interstate Commerce Commission, 
and there is, accordingly, no requirement that carriers apply a tariff 
rate to FMS traffic. MTMC's policy change in its movement programs will 
require motor carriers to participate in FMS shipments for new 
movements and resolicited GT agreements; and, will accommodate motor 
carrier's voluntary agreements to include FMS shipments in currently 
effective GT agreements and related freight movement programs.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 97-28877 Filed 10-30-97; 8:45 am]
BILLING CODE 3710-08-M
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