[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30181-30182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15161]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
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\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the ICCTA), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC or Commission) and transferred certain functions and
proceedings to the Surface Transportation Board (Board). While
section 204(b)(1) of the ICCTA 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
ICCTA, the action at issue here, the adoption of new rules with
application to future transportation and future tariff filings,
necessitates analysis under the new law, and, therefore, this
document applies the law in effect after enactment of the ICCTA.
Citations are to the current sections of the statute, unless
otherwise indicated. This document relates to a proceeding that was
pending with the ICC prior to January 1, 1996, and to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 13701-02 and
13521.
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49 CFR Part 1312
[Ex Parte No. MC-220]
The Municipality of Anchorage, AK--Notices for Rate Increases for
Alaska Intermodal Motor/Water Traffic; Petition for Rulemaking
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Board is adopting a change in its regulations to require
carriers filing new short-notice publications to send the filings to
the subscriber not later than the time the copies for official filing
are sent to the Board (unless the subscriber agrees in advance in
writing that the publication may be sent to the subscriber within 5
working days after the time the copies are sent to the Board). This
change will give subscribers earlier notice before the new rate goes
into effect.
EFFECTIVE DATE: The final rule is effective July 14, 1996.
[[Page 30182]]
FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660.
[TDD for the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: The Commission instituted a rulemaking
proceeding (60 FR 39143, August 1, 1995) in response to a petition
filed May 25, 1994, by the Municipality of Anchorage, AK. Petitioner
requested, inter alia, that short notice increase publications for
intermodal motor/water service to and from Alaska be sent to
subscribers the same day the filings are sent to the Commission
[Board]. The full text of the new regulation is set forth below. The
Board is requiring that short notice publications, including (1) short
notice publications involving all noncontiguous domestic trade traffic,
and not only the intermodal Alaska trade; and (2) rate decreases as
well as increases, generally be sent to subscribers on the date the
publications are sent to the Board for filing.
Additional information is contained in the Board's decision. To
obtain a copy of the full decision, write to, call, or pick up in
person from: DC NEWS & DATA, INC., Room 2229, 1201 Constitution Avenue,
N.W., Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance
for the hearing impaired is available through TDD services (202) 927-
5721.]
Regulatory Flexibility Analysis
We certify that the new regulation will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
because the rule affects only the mailing date for notification.
Environmental and Energy Considerations
The rule will not significantly affect either the quality of the
human environment or the conservation of energy resources because the
proposal merely changes time frames for notice. We conclude that an
environmental assessment is not necessary under our regulations because
the proposed action would not result in changes in carrier operations
that exceed the thresholds established in our regulations. See 49 CFR
1105.6(c)(2).
List of Subjects in 49 CFR Part 1312
Freight forwarders, Maritime carriers, Motor carriers, Moving of
household goods, Pipelines.
Decided: May 29, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
part 1312 is amended as follows:
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
1. The authority citation for part 1312 is revised to read as
follows:
Authority: 5 U.S.C. 553; 49 U.S.C. 721, 13701, 13702, and 13521.
2. Section 1312.6, paragraph (b)(2) is revised to read as follows:
Sec. 1312.6 Furnishing copies of tariff publications.
* * * * *
(b) * * *
(2) Newly-issued tariffs, supplements, or loose-leaf pages,
including short-notice publications, shall be sent to each subscriber
not later than the time the copies for official filing are sent to the
Board, except that with the advance, written permission of the
subscriber, any publication may be sent not later than 5 working days
after the time the copies are sent to the Board.
* * * * *
[FR Doc. 96-15161 Filed 6-13-96; 8:45 am]
BILLING CODE 4915-00-P
