[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Proposed Rules]
[Pages 21153-21154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11601]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1300
[STB Ex Parte No. 528]
Disclosure, Publication, and Notice of Change of Rates and Other
Service Terms for Rail Common Carriage
AGENCY: Surface Transportation Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The ICC Termination Act of 1995 (ICCTA) eliminated the tariff
requirements formerly applicable to rail carriers, but imposed in lieu
thereof certain obligations to disclose common carriage rates and
service terms as well as a requirement for advance notice of increases
in such rates or changes in service terms. The ICCTA requires the Board
to promulgate regulations to administer these new obligations by June
29, 1996. The Board proposes to add a new part 1300 to its regulations
for that purpose as set forth below.
DATES: Comments are due on June 10, 1996.
ADDRESSES: Send comments (an original and 10 copies) referring to STB
Ex Parte No. 528 to: Surface Transportation Board, Office of the
Secretary, Case Control Branch, 1201 Constitution Ave., N.W.,
Washington, DC 20423.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: The Board's decision discussing this
proposal is available to all persons for a charge by phoning DC NEWS &
DATA, INC., at (202) 289-4357.
Request for Comments
We invite comments on all aspects of the proposed regulations.
Comments (an original and 10 copies) must be in writing, and are due on
June 10, 1996.
Small Entities
The Board certifies that this rule, if adopted, would not have a
significant economic effect on a substantial number of small entities.
Although many railroads and shippers are small entities, the Board
believes that the costs of compliance would be minimal. The proposed
rules should result in easier access to rail rate and service
information, and to that extent, our proposed action should benefit
small entities.
The Board seeks comment on whether there would be effects on small
entities that should be considered.
Environment
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects in 49 CFR Part 1300
Agricultural products, Disclosure requirement, Fertilizer, Notice
requirement, Publication requirement, Rail carriers.
Decided: May 2, 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 proposed to be amended as follows:
SUBCHAPTER D--CARRIER RATES AND SERVICE TERMS
1. The heading for Subchapter D is revised as set forth above.
2. The undesignated center headings for parts 1300-1319, parts
1320-1329, and parts 1330-1339 are removed.
3. A new part 1300 is added to read as follows:
PART 1300--DISCLOSURE, PUBLICATION, AND NOTICE OF CHANGE OF RATES
AND OTHER SERVICE TERMS FOR RAIL COMMON CARRIAGE
Sec.
1300.1 Scope; definitions.
1300.2 Disclosure requirement for existing rates.
1300.3 Response to request for establishment of a new rate.
1300.4 Notice requirement.
1300.5 Additional publication requirement for agricultural products
and fertilizer.
Authority: 49 U.S.C. 721(a) and 11101(f).
Sec. 1300.1 Scope; Definitions.
(a) The provisions of this part address the requirements imposed on
rail carriers by 49 U.S.C. 11101(b), 11101(c), 11101(d) and 11101(f).
(b) Except as otherwise provided in this section, the provisions of
this part apply to any common carriage transportation or service
provided by a rail carrier subject to the jurisdiction of the Surface
Transportation Board under 49 U.S.C. 10501.
(c) The provisions of this part do not apply to any transportation
or service provided by a rail carrier under a contract authorized under
49 U.S.C. 10709 or former 49 U.S.C. 10713.
(d) The provisions of this part do not apply to any transportation
or service provided by a rail carrier to the extent that such
transportation or service is exempted from rate notice and disclosure
requirements pursuant to an exemption issued under 49 U.S.C. 10502 or
former 49 U.S.C. 10505.
(e) For the purposes of this part, service terms means all
classifications, rules, and practices that affect the rates, charges,
or level of service for rail transportation.
Sec. 1300.2 Disclosure requirement for existing rates.
(a) A rail carrier must disclose to any person, upon formal
request, the specific rate(s) requested (or the basis for calculating
the specific rate(s)), as well as all charges and service terms that
may be applicable to transportation covered by that rate(s).
(b) The information provided by a rail carrier under this section
must be provided immediately. Such information may be provided either
in writing or in electronic form as agreed to by the parties.
Sec. 1300.3 Response to request for establishment of a new rate.
Where a shipper or a prospective shipper requests that the carrier
establish a rate in the absence of an appropriate applicable rate for
particular transportation, the carrier must promptly establish and
provide to the requestor, in writing or in electronic form as agreed to
by the parties, an appropriate rate and applicable service terms. The
response should be provided as soon as reasonably possible, but no
later than 10 business days from receipt of the request. If a carrier
determines that additional information is required from the requester
before a rate or term can be established, the carrier must so notify
the requester as soon as possible,
[[Page 21154]]
but no later than 10 business days after receipt of the request. Once
the additional information is received, the carrier must set the rate
and related service terms, and relay them to the requester, within 10
business days.
Sec. 1300.4 Notice requirement.
(a) A rail carrier may not increase any rates or charges, or change
any service terms (except for changes that are equivalent to rate
reductions), unless 20 days have expired after written or electronic
notice has been provided to all persons who, within the previous 12
months:
(1) Have formally requested under section 11101(b) the affected
rates or service terms; or
(2) Have made a shipment that was subject to the affected rates or
terms; or
(3) Have made arrangements with the carrier for a future shipment
that would be subject to the affected rates or terms.
(b) The notice required by this section may be in writing or in
electronic form, as agreed to by the parties.
(c) For purposes of this section, a mailed notice is deemed
``provided'' on the date such notice is postmarked.
(d) The notice required by this section must clearly identify the
increases in rates or charges or the changes in service terms.
Sec. 1300.5 Additional publication requirement for agricultural
products and fertilizer.
(a) With respect to transportation of agricultural products
(including grain, as defined in 7 U.S.C. 75, and all products thereof)
and fertilizer, a rail carrier shall publish, make available, and
retain for public inspection its currently effective rates, schedules
of rates, charges, and other service terms, and any scheduled changes
to such rates, charges, and service terms. This requirement is in
addition to the requirements imposed by Secs. 1300.2, 1300.3, and
1300.4 of this part.
(b) The information published under this section must include an
accurate description of the services offered to the public; must
provide the specific applicable rates (or the basis for calculating the
specific applicable rates), charges, and service terms; and must be
arranged in a way that allows for the determination of the exact rate,
charges, and service terms applicable to any given shipment (or to any
given group of shipments). Increases, reductions and other changes must
be symbolized or highlighted in some way to facilitate ready
identification of the changes and the nature of those changes.
(c) A rail carrier must make the information available at its
offices. Access to the information at such offices must be provided to
any person, without charge, during normal business hours.
(d) A rail carrier must also make the required publications
available to all persons (hereinafter referred to as subscribers) who
have subscribed to a publication service operated either by the rail
carrier itself or by an agent acting at the rail carrier's direction.
Such publications may be made available either in printed or in
electronic form as agreed to by the parties. Any scheduled changes must
be published in a manner that provides timely notice to subscribers. A
rail carrier may impose reasonable charges for such publications.
Publications may be limited to the specific information requested by
the subscriber, and charges for such limited publications should be set
accordingly.
[FR Doc. 96-11601 Filed 5-8-96; 8:45 am]
BILLING CODE 7035-01-P
