[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Proposed Rules]
[Pages 67291-67293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32358]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1312
[STB Ex Parte No. 618]
Regulations for the Publication, Posting and Filing of Tariffs
for the Transportation of Property By or With a Water Carrier in the
Noncontiguous Domestic Trade
AGENCY: Surface Transportation Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Board proposes to modify its tariff filing regulations to
reflect the elimination of most tariff filing requirements for surface
carrier transportation, and to provide carriers with additional
flexibility to establish appropriate formats for the filed tariffs that
continue to be required. The proposed regulations eliminate obsolete
provisions, and provide more flexibility for carriers to devise
publications that will best fulfill the needs of the carriers and their
customers.
[[Page 67292]]
DATES: Comments are due on January 19, 1997.
ADDRESSES: Send comments (an original and 10 copies) referring to STB
Ex Parte No. 618 to: Surface Transportation Board, Office of the
Secretary, Case Control Branch, 1201 Constitution Ave., 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), significantly reduced the regulation of surface
carrier transportation, and transferred certain regulatory
responsibilities to the Surface Transportation Board (Board). As
pertinent here, the ICCTA eliminated tariff filing requirements for
surface carrier transportation, except for the transportation of
property (with certain exceptions) by or with a water carrier in the
noncontiguous domestic trade. In the noncontiguous domestic trade, the
ICCTA transferred from the Federal Maritime Commission (FMC) to the
Board the responsibility for regulating port-to-port water carriage,
and from the ICC to the Board the responsibility for regulating
intermodal transportation.
The tariff regulations at 49 CFR part 1312, which the Board
inherited from the ICC, have not been revised for several years. They
contain numerous provisions that have become obsolete as tariff
requirements have been eliminated or (for certain tariff requirements
that were not eliminated) addressed in other parts of the CFR.
More specifically, the regulations at part 1312 contain broad
tariff provisions addressed to rail carriers, pipeline carriers, motor
carriers, water carriers, and household goods freight forwarders.
However, rail carriers are no longer required by statute to maintain
tariffs; regulations addressing their rate disclosure and dissemination
requirements are now set forth in 49 CFR part 1300.1 Similarly,
pipeline carriers are no longer required to maintain tariffs;
regulations addressing their rate disclosure requirements are now set
forth in 49 CFR part 1305.2 Moreover, motor carriers and freight
forwarders are now required to maintain tariffs only for household
goods movements and intermodal movements in the noncontiguous domestic
trade. Regulations to address their household goods tariff requirements
have been proposed to be placed in 49 CFR part 1310.3 Thus, the
only portions of part 1312 that have not been superseded or rendered
obsolete are addressed to intermodal movements in the noncontiguous
domestic trade.
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\1\ Disclosure, Publication, and Notice of Change of Rates and
Other Service Terms for Rail Common Carriage, 1 S.T.B. 153 (served
June 28, 1996) (STB Ex Parte No. 528), 61 Fed. Reg. 35139 (July 5,
1996).
\2\ Disclosure and Notice of Change of Rates and Other Service
Terms for Pipeline Common Carriage, 1 S.T.B. 146 (served June 28,
1996) (STB Ex Parte No. 538), 61 Fed. Reg. 35141 (July 5, 1996).
\3\ Household Goods Tariffs, STB Ex Parte No. 555 (served Nov.
4, 1996), 61 Fed. Reg. 56656 (Nov. 4, 1996).
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As a result, we propose to revise part 1312 to remove unnecessary
provisions. At the same time, we propose to expand part 1312 to embrace
tariffs for port-to-port water movements in the noncontiguous domestic
trade. Tariffs for such port-to-port water movements were formerly
filed with the FMC, and thus were not addressed in the ICC's
regulations. It seems logical and appropriate to address in the same
regulations those tariff requirements together with the tariff
requirements for intermodal movements in the same markets (the
noncontiguous domestic trade).
The regulations we propose will require that these tariffs contain
all of the information needed to determine the rates and service terms
applicable to shipments that are subject to such tariffs, and that the
information be made available in user friendly ways; however, we
propose to eliminate the specific, detailed format specifications
formerly set forth in part 1312. The prescription of detailed tariff
formats was needed to facilitate rate and service comparisons when tens
of thousands of motor carriers were required to file voluminous tariffs
with the ICC detailing all of their rate and service offerings. We do
not believe that such requirements are warranted today. The volume of
tariffs filed with the Board is but a small fraction of the tariffs
filed with the ICC when part 1312 was formulated, and many of the
tariffs currently filed with the Board are filed electronically (and
are, therefore, not subject to the printed tariff format
requirements).4
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\4\ We propose to codify in the regulations the authority for
carriers to file their tariffs electronically through FMC's
Automated Tariff Filing and Information (ATFI) system. See
Electronic Filing of Noncontiguous Domestic Trade Tariffs, Special
Tariff Authority No. 4 (STB served Oct. 1, 1996).
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In an earlier rulemaking proceeding, the ICC had proposed to
establish general requirements for filed tariffs, in lieu of the
detailed formats previously prescribed.5 Because of the voluminous
motor carrier tariffs then on file, certain motor carriers and shippers
expressed concern that the elimination of detailed format
specifications would make tariffs more difficult to use.6 The
subsequent elimination of most motor carrier tariff filing requirements
has, we believe, alleviated that concern.
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\5\ Electronic Filing of Tariffs, Ex Parte No. 444 (ICC served
Oct. 21, 1987).
\6\ The general requirements for filed tariffs proposed in the
earlier proceeding were subsequently adopted for railroad tariffs,
but not for the tariffs of other modes.
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Additionally, as noted above, many tariffs now required to be filed
are filed with the Board electronically through the FMC's ATFI system,
and those tariffs are subject to the format requirements established
for that system. The use of electronic filings further reduces the need
for detailed format specifications for printed tariffs, such as are now
contained in part 1312, as there would be no consistency in the format
of electronic and printed tariffs.
In these circumstances, we believe that replacing the current,
restrictive filing regulations for printed tariffs with more flexible
regulations will be in the public interest. The proposed regulations
will not change the type or amount of information required to be
included in tariffs, but they will provide carriers with additional
flexibility to devise appropriate tariff publications to better serve
their needs and the needs of their customers. This should increase the
utility of tariffs and reduce the burden of complying with the tariff
filing requirement.
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. The proposed regulations eliminate obsolete provisions
and offer carriers additional flexibility to establish appropriate
formats for the tariffs that
[[Page 67293]]
continue to be required. 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 1312
Motor carriers, Noncontiguous domestic trade, Tariffs, Water
carriers.
Decided: December 9, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-32358 Filed 12-19-96; 8:45 am]
BILLING CODE 4915-00-P
