[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Proposed Rules]
[Pages 24474-24475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12277]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1305
[STB Ex Parte No. 538]
Disclosure and Notice of Change of Rates and Other Service Terms
for Pipeline 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
and tariff filing requirements formerly applicable to pipeline
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.
ICCTA requires the Board to promulgate regulations to administer these
new obligations by June 29, 1996. The Board proposes to add a new part
1305 to its regulations for that purpose as set forth below.
DATES: Comments are due on June 4, 1996.
ADDRESSES: Send comments (an original and 10 copies) referring to STB
Ex Parte No. 538 to: Surface Transportation Board, Office of the
Secretary, Case Control Branch, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-7513. [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.
The Board certifies that this rule, if adopted, would not have a
significant economic effect on a substantial number of small entities.
The proposed rules should result in easier access to pipeline rate and
service information and to that extent our action should benefit small
entities.
The Board seeks comment on whether there would be effects on small
entities that should be considered. If comments provide information
that there would be significant effects on small entities, the Board
will prepare a regulatory flexibility analysis at the final rule stage.
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 1305
Disclosure requirement, Notice requirement, Pipeline carriers.
Decided: May 8, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, the Board proposes to
add a new part 1305 to title 49, Chapter X, of the Code of Federal
Regulations, to read as follows:
PART 1305--DISCLOSURE AND NOTICE OF CHANGE OF RATES AND OTHER
SERVICE TERMS FOR PIPELINE COMMON CARRIAGE
Sec.
1305.1 Scope; definitions.
1305.2 Disclosure requirement for existing rates.
1305.3 Response to request for establishment of a new rate.
1305.4 Notice requirement.
Authority: 49 U.S.C. 721(a) and 15701(e).
Sec. 1305.1 Scope; definitions.
(a) The provisions of this part address the requirements imposed on
pipeline carriers by 49 U.S.C. 15701(b) and 15701(c). Such requirements
apply to pipeline carriers only with respect to the transportation of
commodities other than water, gas, or oil.
(b) Except as otherwise provided in paragraph (c) of this section,
the provisions of this part apply to any transportation or service
provided by a pipeline carrier subject to the jurisdiction of the
Surface Transportation Board under 49 U.S.C. 15301.
(c) The provisions of this part do not apply to any transportation
or service provided by a pipeline carrier to the extent that such
transportation or service is exempted from rate notice and disclosure
requirements pursuant to 49 U.S.C. 15302.
(d) For the purposes of this part, service terms means all
classifications, rules, and practices that affect the rates, charges,
or level of service for pipeline transportation.
Sec. 1305.2 Disclosure requirement for existing rates.
(a) A pipeline carrier must disclose to any person, on 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 pipeline 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. 1305.3 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 requester, 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, 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. 1305.4 Notice Requirement.
(a) A pipeline 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
[[Page 24475]]
electronic notice has been provided to all persons who, within the
previous 12 months:
(1) Have requested under section 15701(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
increase in rates or charges or the change in service terms.
[FR Doc. 96-12277 Filed 5-14-96; 8:45 am]
BILLING CODE 4915-00-P
