[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Proposed Rules]
[Pages 9419-9420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5513]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1312
[Ex Parte No. MC-211]
Revisions of Tariff Regulations--Indexes
AGENCY: Surface Transportation Board (Board).1
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took
effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions and proceedings
to the Board. Section 204(b)(1) of the Act provides, in general,
that proceedings pending before the ICC on the effective date of
that legislation shall be decided under the law in effect prior to
January 1, 1996, insofar as they involve functions retained by the
Act. Although the motor carrier tariff filing provisions were
sharply curtailed in the ICCTA and in prior legislation, they were
not entirely repealed. Therefore, this pending proceeding is not
being terminated pursuant to the provisions of section 204(b)(3) of
the ICCTA, which calls for termination of cases that involve
functions eliminated by the ICCTA. Rather, as a proceeding that was
pending with the ICC prior to January 1, 1996, it is governed by the
law in effect prior to January 1, 1996.
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ACTION: Withdrawal of Proposed Rule.
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SUMMARY: The Board is withdrawing a proposed rule regarding the
indexing of tariffs because intervening legislation has made the rule
unnecessary.
DATES: The withdrawal is made on March 8, 1996.
FOR FURTHER INFORMATION CONTACT: Michael L. Martin, (202) 927-6033;
[TDD for the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: In a Notice of Proposed Rulemaking published
at 58 FR 42277 (August 9, 1993), the ICC proposed a rule to require
tariffs to contain indexes, unless the information in the tariff is
arranged in a pattern readily discernible to tariff users. The
proceeding was initiated in part in response to a directive contained
in a Senate report,2 and in part in recognition of the burdens
associated with using tariffs that could contain well over 100,000
unindexed pages.
\2\ Senate Report No. 102-351, dated July 30, 1992, accompanying
the U.S. Department of Transportation and Related Agencies
Appropriations Bill, 1993.
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Most, if not all, of the large, unindexed tariffs were discount
tariffs that were filed by individual motor common carriers. However,
the Trucking Industry Regulatory Reform
[[Page 9420]]
Act of 1994 3 repealed the tariff filing requirement for
individually (as distinguished from collectively) set rates of motor
common carriers of property (other than household goods and carriers
involved with water carriers in the noncontiguous domestic trade), and
voided such tariffs. Because the tariffs that precipitated the proposal
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for indexing are no longer filed, we are terminating this proceeding.
\3\ Pub. L. 103-311, 108 Stat. 1683, enacted August 26, 1994.
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Authority: 49 U.S.C. 10321.
Decided: February 23, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-5513 Filed 3-7-96; 8:45 am]
BILLING CODE 4915-00-P
