[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Proposed Rules]
[Pages 54144-54145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26438]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1313
[STB Ex Parte No. 541]
Railroad Contracts
AGENCY: Surface Transportation Board, Transportation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Board proposes to modify its existing regulations that
govern contracts under 49 U.S.C. 10709 that are entered into between
one or more rail carriers and one or more purchasers of rail services
for the transportation of agricultural products. The proposed
regulations eliminate provisions for filings that are no longer
required, and otherwise largely continue existing filing and
information disclosure requirements for agricultural contract
summaries.
DATES: Comments are due on November 18, 1996.
ADDRESSES: Send comments (an original and 10 copies) referring to STB
Ex Parte No. 541 to: Surface Transportation Board, Office of the
Secretary, Case Control Branch, 1201 Constitution
[[Page 54145]]
Avenue, N.W., Washington, DC 20423-0001.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Pub. L. No.
104-88, 109 Stat. 803 (1995) (ICCTA), abolished the Interstate Commerce
Commission (ICC) and transferred responsibility for regulating rail
transportation to the Surface Transportation Board (Board). As
pertinent here, the ICCTA also reduced regulatory oversight of rail
transportation contracts in several significant ways. First, the ICCTA
limited such oversight to contracts covering the transportation of
agricultural products. Second, even as to contracts for agricultural
products, the ICCTA eliminated the requirement that railroads file
copies of the contracts with the Board; railroads need only file a
summary of each contract. Third, the ICCTA removed various outdated
provisions and procedural details, leaving it to the Board to maintain
appropriate implementing procedures.
In an advance notice of proposed rulemaking in this proceeding,
served March 26, 1996 (61 FR 13147), we invited interested persons to
submit suggestions for appropriate regulations to implement 49 U.S.C.
10709, in place of the now-outdated rules at 49 CFR part 1313. In
response, we received comments from shipper, carrier and rail employee
interests. Shippers contended that the existing information disclosure
requirements for agricultural contracts have proven to be adequate, and
that all of them should be continued. Rail carriers proposed to reduce
the information required to be disclosed.
After considering the comments, we propose to revise our
regulations to eliminate provisions for filings that are no longer
required, and otherwise to continue many of the existing filing and
information disclosure requirements for agricultural contract
summaries. Certain other minor revisions, such as changes to the time
period within which the Board must take action against new and amended
contracts, are proposed to reflect related changes made by the ICCTA.
Additionally, we propose to add a new requirement that summaries for
agricultural contracts be filed within seven days of the date of a
contract or amended contract. In other respects, the proposed
regulations do not significantly change the existing rules.
Availability
The full text of the proposed rules is available to all persons for
a charge by phoning DC News and Data, Inc., at (202) 289-4357.
Request for Comments
We invite comments on all aspects of the proposed regulations. We
encourage any commenter that has the necessary technical wherewithal to
submit its comments as computer data on a 3.5-inch floppy diskette
formatted for WordPerfect 5.1, or formatted so that it can be readily
converted into WordPerfect 5.1. Any such diskette submission (one
diskette will be sufficient) should be in addition to the written
submission (an original and 10 copies).
Small Entities
The Board preliminarily concludes that these rules, if adopted,
would not have a significant economic effect on a substantial number of
small entities. One commenter, the Kansas Grain and Feed Association
(KGFA), asserts that these regulations will have a significant economic
impact on a substantial number of small entities by influencing its
members' daily markets for the sale and purchase of agricultural
products. KGFA's contention relates to the rail contracting practices
permitted by both the former and new statutes, not the impact of these
regulations. The proposed regulations merely reflect the modest changes
effected by the ICCTA, and largely continue existing contract
disclosure requirements for agricultural products.
The Board, nevertheless, seeks comment on whether there would be
effects on small entities that should be considered, so that the Board
can determine whether to prepare a regulatory flexibility analysis at
the final rule stage.
Environment
This 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 1313
Agricultural products, Contract summaries, Rail carriers,
Transportation contracts.
Decided: October 4, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-26438 Filed 10-16-96; 8:45 am]
BILLING CODE 4915-00-P
