[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Page 13077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5943]
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INTERSTATE COMMERCE COMMISSION
49 CFR Parts 1312 and 1314
[Ex Parte No. 444]
Electronic Filing of Tariffs
AGENCY: Interstate Commerce Commission (ICC).
ACTION: Final rule.
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SUMMARY: The ICC amends its regulations to reflect the status quo with
respect to the rules for filing electronic and printed tariffs, and
terminates the Ex Parte No. 444 proceeding. This action codifies in the
regulations the tariff filing rules which have existed for the past
five years as a result of the partial stay of the Commission's 1989
decision in Ex Parte No. 444, and ends the proceeding.
EFFECTIVE DATES: The amendments in this final rule are effective April
8, 1995. Effective April 8, 1995, the rule removing part 1312, which
was published at 54 FR 6404 and stayed at 54 FR 10533 and 54 FR 42959,
is withdrawn and part 1312 continues in effect. The effective date of
part 1314, which was added at 54 FR 6404 and stayed at 54 FR 10533 and
54 FR 42959, is November 8, 1989.
FOR FURTHER INFORMATION CONTACT: James W. Greene, (202) 927-5602, or
Thomas A. Mongelli, (202) 927-5150. TDD for the hearing impaired: (202)
927-5721.
SUPPLEMENTARY INFORMATION: In a notice of proposed rulemaking (NPR)
served December 15, 1994, and published at 59 FR 64646 (1994), we
proposed to amend parts 1312 and 1314 of our regulations to codify the
tariff filing rules which have been in effect for the past five years
as a result of a partial stay of an earlier Commission decision,\1\ and
to terminate the Ex Parte No. 444 proceeding. The current rules
authorize electronic tariff filing by rail carriers but not by other
carriers; in the NPR we indicated our willingness to consider
individual special tariff authority requests for electronic filing by
non-rail carriers. Comments were filed by two interested parties,\2\
both of which support the Commission's proposal.
\1\Electronic Filing of Tariffs, 5 I.C.C.2d 279 (1989); 54 FR
6403 and 9052 (1989).
\2\The Household Goods Carriers' Bureau Committee (HGCBC), and
The National Industrial Transportation League (NITL). The
Association of American Railroads and each Class I Railroad, while
not filing formal comments, submitted a letter indicating that they
did not object to the course of action outlined in the NPR.
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HGCBC states that, although it understands the reasons for and
supports the Commission's decision, it is disappointed in the
termination of the effort to develop methods and standards for filing
electronic tariffs. HGCBC believes that electronic tariff filing has
merit, and it indicates its willingness to assist the Commission in a
renewed effort to develop an electronic tariff filing system if
circumstances change.
NITL strongly endorses the Commission's proposal. NITL states that
it has participated in the Ex Parte No. 444 proceeding from the
beginning, and that its position throughout the proceeding has been
that, if tariff filing is to be retained, tariff filing rules must
promote efficient and simple tariff use. NITL expresses its view that
the enactment of the Trucking Industry Regulatory Reform Act of 1994
(TIRRA) has eliminated the need for electronic tariff filing, and that
the likelihood of further statutory changes to tariff filing
requirements makes it unnecessary to expend limited resources on this
issue at this time.
After careful consideration, we have decided to amend the
regulations and terminate the proceeding as proposed.\3\
\3\We will correct the heading of part 1312 to include reference
to household goods freight forwarders, which was inadvertently
omitted from the proposed rule.
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Regulatory Flexibility
The rules adopted herein do not impose additional burdens on tariff
filers or others; rather, they merely codify the rules that are
currently in effect as a result of the partial stay of an earlier
Commission decision.
Environmental Statement
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects
49 CFR Part 1312
Household goods freight forwarders, Motor carriers, Moving of
household goods, Pipelines, Tariffs, Water carriers.
49 CFR Part 1314
Railroads, Tariffs.
Decided: February 17, 1995.
By the Commission, Chairman McDonald, Vice Chairman Morgan,
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
parts 1312 and 1314 of the Code of Federal Regulations are amended as
follows:
PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF
TARIFFS, SCHEDULES AND RELATED DOCUMENTS OF MOTOR, PIPELINE AND
WATER CARRIERS, AND HOUSEHOLD GOODS FREIGHT FORWARDERS
1. The heading of part 1312 is revised to read as set forth above.
2. The authority citation for part 1312 continues to read as
follows:
Authority: 5 U.S.C. 553; 49 U.S.C. 10321, 10762 and 10767.
PART 1314--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF
TARIFFS AND RELATED DOCUMENTS OF RAIL CARRIERS
3. The heading of part 1314 is revised to read as set forth above.
4. The authority citation for part 1314 is revised to read as
follows:
Authority: 5 U.S.C. 553; 49 U.S.C. 10321, 10708, 10761, and
10762.
[FR Doc. 95-5943 Filed 3-9-95; 8:45 am]
BILLING CODE 7035-01-P
