Movement of Foreign Military Sales (FMS) ShipmentsProposed Policy Change

Résumé

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 th