[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Proposed Rules]
[Pages 6508-6509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3388]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1111
[STB Ex Parte No. 527 (Sub-No. 1)]
Expedited Procedures for Processing Simplified Rail Rate
Reasonableness Proceedings
AGENCY: Surface Transportation Board.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Surface Transportation Board (Board) issued a decision on
December 31, 1996, in Rate Guidelines--Non-Coal Proceedings, Ex Parte
No. 347 (Sub-No. 2), adopting simplified guidelines for determining the
reasonableness of rail rates in proceedings where the Constrained
Market Pricing guidelines cannot practicably be applied. The Board
solicits comments on how the complaint and investigation procedures at
49 CFR Part 1111 should be modified to incorporate a general procedural
schedule to govern the processing of proceedings using the simplified
guidelines.
DATES: Comments are due March 14, 1997.
ADDRESSES: Send comments referring to STB Ex Parte No. 527 (Sub-No. 1)
to: Surface Transportation Board, Office of the Secretary, Case Control
Branch, 1201 Constitution Ave., N.W., Washington, DC 20423.
FOR FURTHER INFORMATION CONTACT: Thomas J. Stilling, (202) 927-7312.
[TDD for the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Under the ICC Termination Act of 1995, Pub.
L. 104-88, 109 Stat. 803 (1995)(ICCTA), new 49 U.S.C. 10704(c), the
Board is required to decide the reasonableness of a challenged rate
within 9 months after the record closes if the determination is based
on stand-alone cost evidence, and within 6 months if it is based upon a
simplified methodology. By decision served on October 1, 1996 in
Expedited Procedures for Processing Rail Rate Reasonableness, Exemption
and Revocation Proceedings, Ex Parte No. 527, published in the Federal
Register on October 8, 1996 (61 FR 52710) (October decision) the Board
adopted final rules to expedite the handling of challenges to the
reasonableness of railroad rates including the adoption of a procedural
schedule applicable in stand-alone cost cases. The general procedural
schedule requires completion of the evidentiary phase of a stand-alone
cost case in 7 months and the issuance of a final decision within 16
months of the filing of the complaint. 49 CFR 1111.8. The rules became
effective November 16, 1996.
In the October decision, we did not adopt a procedural schedule to
govern the filing of evidence in cases using the simplified rate
evaluation procedures. Rather, we indicated that we would consider the
adoption of regulations covering such cases following completion of the
Ex Parte No. 347 (Sub-No. 2).
On December 31, 1996, we adopted simplified evidentiary guidelines
to determine the reasonableness of rail rates on captive traffic where
the Constrained Market Pricing guidelines 1 cannot be practicably
applied. Consequently, we are now soliciting comments to assist us in
establishing a general procedural schedule to be used in cases
processed under the simplified rate evaluation procedures of Ex Parte
No. 347 (Sub-No. 2). Interested parties are asked to comment on whether
a general procedural schedule applicable to cases processed under the
simplified guidelines can be promulgated at this time, and if so, what
that schedule should be, or whether we should delay
[[Page 6509]]
the adoption of a general procedural schedule and proceed on a case-by-
case basis until the Board and the industry have had some experience
utilizing the new guidelines.
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\1\ Stand-alone costing is part of the Constrained Market
Pricing framework.
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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 1111
Administrative practice and procedure, Investigations.
Decided: February 3, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-3388 Filed 2-11-97; 8:45 am]
BILLING CODE 4915-00-P
