[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19859-19860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11087]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1051, 1053 and 1312
[Ex Parte No. MC-180 (Sub-No. 3)]
Regulations Implementing Section 7 of the Negotiated Rates Act of
1993
AGENCY: Surface Transportation Board (Board).1
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\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 and transferred certain functions and proceedings to the
Board.
ACTION: Final Rule; Termination of Proceeding.
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SUMMARY: The Board is rescinding the rules previously issued by the
Interstate Commerce Commission (ICC) in this proceeding concerning the
off-bill discounting provisions of section 7 of the Negotiated Rates
Act of 1993 (NRA), and terminating the proceeding. The ICC Termination
Act of 1995 repealed and did not reenact the requirement that the ICC,
or any agency, issue or maintain regulations to carry out the remaining
requirements of section 7.
EFFECTIVE DATE: The action is effective on May 3, 1996.
FOR FURTHER INFORMATION CONTACT: Michael L. Martin, (202) 927-6033 [TDD
for the hearing impaired: (202) 927-5721].
SUPPLEMENTARY INFORMATION: In accord with section 7 of the NRA, Public
Law No. 103-180, the ICC adopted regulations relating to off-bill
discounting. Regs. Implementing Sec. 7 of the Negotiated Rates Act
1993, 9 I.C.C.2d 1263 (1993). The rules, which were published at 59 FR
2303 (Jan. 14, 1994), prohibited, except as to certain services, motor
common and contract carriers of property from providing ``off-bill
discounting.'' Off-bill discounting is a practice by which a carrier
provides a reduction in a tariff rate or contract rate
[[Page 19860]]
to a person who does not pay the freight charges for the services
involved.
Section 7 also contained other requirements beyond prohibiting off-
bill discounting. To implement these provisions, the regulations also
(1) made it unlawful to provide misleading or false billing information
to a carrier; and (2) required that freight bills disclose the rates
and reductions or allowances involved. 49 CFR 1051.
The ICC issued a further order, 59 FR 14570, March 19, 1994,
(served March 23, 1994) responding to inquiries it had received
concerning the rules. In that order, the ICC invited additional
questions and comments from interested parties, and it indicated that a
further decision would be forthcoming. A number of comments have been
filed.
Although it retained (with modifications) the other requirements of
section 7, the ICCTA repealed and did not reenact the former statutory
prohibition against off-bill discounting. See 49 U.S.C. 13708.
Moreover, the ICCTA repealed and did not reenact the requirement that
the ICC, or any agency, issue or maintain regulations to carry out the
remaining requirements of section 7. Id. Therefore, the regulations,
including the prohibition against off-bill discounting, are
rescinded.2
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\2\ Section 204(a) of the ICCTA provides that ``[t]he Board
shall promptly rescind all regulations established by the Interstate
Commerce Commission that are based on provisions of law repealed and
not substantively reenacted by this Act.''
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Consequently, further consideration of the comments is unnecessary,
and this proceeding is terminated.3
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\3\ Section 204(b)(3) of the ICCTA provides that, ``in the case
of a proceeding under a provision of law repeal[ed], and not
reenacted, by this Act such proceeding shall be terminated.''
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List of Subjects
49 CFR Part 1051
Buses, Freight, Motor Carriers, Reporting and recordkeeping
requirements.
49 CFR Part 1053
Motor contract carriers.
49 CFR Part 1312
Household goods freight forwarders, Motor carriers, Moving of
household goods, Pipelines, Tariffs, Water carriers.
Authority: 49 U.S.C. 721(a); Sections 204(a) and 204(b)(3) of
the ICC Termination Act.
Decided: April 17, 1996,
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble and under the authority
of 49 U.S.C. 721(a), title 49, chapter X of the Code of Federal
Regulations is amended as set forth below:
PART 1051--RECEIPTS AND BILLS
1. The authority citation for part 1051 is revised to read as
follows:
Authority: 5 U.S.C. 553, 49 U.S.C. 721(a), 13710, 14122.
Sec. 1051.2 [Amended]
2. In Sec. 1051.2, the introductory text of paragraph (a)(1) is
redesignated as the introductory text of paragraph (a) and paragraphs
(a)(1)(i) through (a)(1)(xi) are redesignated as paragraphs (a)(1)
through (a)(11), and paragraphs (a)(2) and (a)(3) are removed.
PART 1053--[REMOVED]
3. Part 1053 is removed.
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
4. The authority citation for Part 1312 is revised to read as
follows:
Authority: 5 U.S.C. 553, 49 U.S.C. 721(a), 13702.
Sec. 1312.14 [Amended]
5. In Sec. 1312.14(a), paragraph (a)(4) is removed.
[FR Doc. 96-11087 Filed 5-2-96; 8:45 am]
BILLING CODE 4915-00-P
