[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Page 19902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11089]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1312
[Ex Parte No. MC-212]
Review of Motor Tariff Regulations-1993
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. Section 204(b)(3) provides that, ``[i]n the case of a
proceeding under a provision of law repeal[ed], and not reenacted,
by this Act such proceeding shall be terminated.'' Although the
motor carrier tariff filing provisions were sharply curtailed in the
ICCTA and in prior legislation, they were not entirely repealed.
Therefore, it is not pursuant to the automatic termination
provisions of section 204(b)(3) of ICCTA that this pending
proceeding is being terminated.
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ACTION: Proposed rule; termination of proceeding.
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SUMMARY: The Board is terminating this proceeding in which
modifications to motor carrier tariff filing requirements were being
considered, because intervening legislation has made consideration of
those modifications unnecessary.
DATES: This action is made 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 a Notice of Proposed Rulemaking published
at 58 FR 14198 (March 16, 1993), the ICC instituted a proceeding to
seek public comment on whether certain motor carrier tariff filing
requirements should be modified. The proceeding was initiated in
response to a Congressional directive that the ICC increase its motor
carrier tariff oversight.2
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\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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In recent legislation,3 Congress has repealed the tariff
filing requirements for most motor common carriers of property, and
voided such tariffs. Now, the only rates that motor carriers must
publish and file in tariffs are those relating to joint motor-water
movements in the noncontiguous domestic trade. Because carriers are no
longer required to file the tariffs that precipitated the notice of
proposed rulemaking, we are terminating this proceeding.
\3\ The Trucking Industry Regulatory Reform Act of 1994, Pub. L.
No. 103-311, 108 Stat. 1683, enacted August 26, 1994, and ICCTA.
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Authority: 49 U.S.C. 10321.
Decided: April 17, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-11089 Filed 5-2-96; 8:45 am]
BILLING CODE 4915-00-P
