[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Notices]
[Pages 27654-27655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13162]
[[Page 27654]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Sec. 5a Application No. 46 (Amendment No. 20)]
Southern Motor Carriers Rate Conference, Inc.
AGENCY: Surface Transportation Board.
ACTION: Request for comments.
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SUMMARY: The Board is seeking comments from interested persons on the
application filed by the Southern Motor Carriers Rate Conference, Inc.
(SMC), for approval of amendments to its by-laws. The proposed
amendments are described below.
DATES: Comments are due by June 19, 1997.
ADDRESSES: Send an original and 10 copies of pleadings referring to
Sec. 5a Application No. 46 (Amendment No. 20) to: Office of the
Secretary, Case Control Unit, Surface Transportation Board, 1925 K
Street, N.W., Washington, DC 20423.
Also, send one copy to SMC's representative: John R. Bagileo,
Bagileo, Silverberg & Goldman, #120, 1101 30th Street, N.W.,
Washington, DC 20007.
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600.
[TDD for the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: SMC is seeking Board approval for amendments
to its by-laws. The amendments fall into three categories: (1) SMC's
renewed request for territorial expansion with a proposed amendment to
Article I of its by-laws that would increase the scope of its operating
territory from various southern states to all points within the United
States; 1 (2) SMC's proposal to accord shippers and other
noncarriers some form of bureau membership; and (3) SMC's proposed by-
law revisions effecting minor changes in internal operating procedures.
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\1\ SMC filed a prior request for nationwide territorial
expansion in Section 5a Application No. 46 (Amendment No. 19),
Southern Motor Carriers Rate Conference, Inc. By decision entered by
the Secretary and served on Nov. 4, 1996, the Board vacated this
prior application at SMC's request. In the instant application, SMC
renews its request for territorial expansion and proposes additional
changes.
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1. Territorial Expansion
We will rule on SMC's renewed request for territorial expansion
when we rule on pending similar requests made by other rate bureaus in
EC-MAC. Our decision on the requests for territorial expansion will be
made in a single, consolidated decision in Section 5a Application No.
118 et al., EC-MAC Motor Carriers Service Association, Inc., et al.
(EC-MAC).2 In other words, all of the requests for
territorial expansion, including the one proposed in the instant
application, will be considered in the consolidated EC-MAC proceeding,
and parties seeking to comment on SMC's request for territorial
expansion should file their comments in that proceeding in response to
the notice that we are simultaneously publishing therein. In the
interest of expedition, the minor changes in internal operating
procedures (changes not involving territorial expansion or noncarrier
membership) proposed by SMC in the instant application will be
considered separately, and a separate decision will be rendered on
them.
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\2\ Before this notice was served, EC-MAC embraced: Section 5a
Application No. 22 (Amendment No. 7), Pacific Inland Tariff Bureau,
Inc.; Section 5a Application No. 45 (Amendment No. 13), Niagara
Frontier Tariff Bureau, Inc.; Section 5a Application No. 60
(Amendment No. 10), Rocky Mountain Motor Tariff Bureau, Inc., and
Section 5a Application No. 34 (Amendment No. 8), Middlewest Motor
Freight Bureau, Inc. The instant application will be consolidated
with this group for consideration of the issues of territorial
expansion and noncarrier bureau membership. This consolidation will
be effected via a separate, separately published notice and decision
in EC-MAC. The separate decision in EC-MAC will also grant the
petition of the New England Motor Rate Bureau, Inc., to reinstate
its application in Section 5a Application No. 25 (Amendment No. 8)
and will reconsolidate this application with the other applications
in EC-MAC.
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SMC opposes any consolidation of this application with the other
applications in EC-MAC, even if the consolidation would involve only
the issue of territorial expansion. SMC argues that the facts and legal
grounds cited in support of its request for territorial expansion have
no bearing on the other applications, and the evidence supporting the
other applications has no relevance to its application. Thus, according
to SMC, it would be prejudiced by any consolidation and is entitled to
a stand-alone proceeding on the merits of its application.
We disagree. All applications share common legal issues, even if
the facts and commenting parties may differ between applications. In
any event, consolidation would not prevent us from differentiating
among the applications on their merits, to the extent that
differentiation is truly required. We are willing and able to determine
whether the record supports the territorial expansion of some bureaus
but not others and, if necessary, to reach different results for
different applications. Consolidation would also ensure that we decide
all of the requests for territorial expansion at the same time, which
will avoid the competitive disadvantage that would result if
applications were approved at different times. Finally, consolidation
would be administratively more efficient for the Board.
2. Bureau Membership for Shippers and Other Noncarriers
SMC also proposes a new Article II that would create a new
associate membership class comprised of non-motor carriers of property,
such as shippers and logistics companies, who would pay fees and/or
assessments fixed by the Board of Directors. Because this involves a
more substantive change that could establish a precedent for other
bureaus, we will consider this proposal along with the issue of
territorial expansion in EC-MAC. Parties seeking to comment on this
proposal should file their comments in EC-MAC in response to the notice
that we are simultaneously publishing therein.
3. Minor Changes
In this proceeding, we seek comments on the proposed by-law
revisions that are not related to territorial expansion and bureau
membership for shippers and other non-carriers, which are summarized as
follows:
1. Current Article I would be changed to delete the requirement
that carrier members submit certain information about their operations
and financial structure. SMC alleges that the requirement of this
information was removed by the ICC Termination Act of 1995.
2. A new paragraph VI of Article XIII would establish a specific
procedure for reaching agreement as to divisions when interlining takes
place.
3. A new Article XVII would release SMC officers, agents, and
employees from damages due to the exercise of their powers except as to
damages due to bad faith or gross negligence.
4. The changes would also delete a provision involved an agreement
with the Niagara Frontier Tariff Bureau, Inc., pertaining to the filing
of joint agency tariffs. SMC alleges that the underlying agreement is
no longer operative.
5. Other amendments would change ``Board of Governors'' to ``Board
of Directors,'' change the titles of various officers, and effect other
changes in names.
We seek comments on whether these minor amendments proposed by SMC
meet the criteria of 49 U.S.C. 13703(a)(2). The comments on these minor
amendments should be filed in this docket.
[[Page 27655]]
Copies of the applications and amendments are available for
inspection and copying at the Office of the Secretary, Surface
Transportation Board, 1925 K Street, NW., Washington, DC 20423, and
from applicant's counsel.
Decided: May 7, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-13162 Filed 5-19-97; 8:45 am]
BILLING CODE 4915-00-P
