[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2358]


[[Page Unknown]]

[Federal Register: February 2, 1994]


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INTERSTATE COMMERCE COMMISSION

49 CFR Parts 1002 and 1312

[Ex Parte No. MC-213]

 

Range Tariffs--Fax Filing

AGENCY: Interstate Commerce Commission (ICC).

ACTION: Final Rules.

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SUMMARY: The ICC is issuing final rules permitting carriers to 
effectuate range tariffs by filing by fax the actual rates applicable 
to identified shipments prior to transport of those shipments. Section 
5(b) of the Negotiated Rates Act of 1993 requires that, as of June 1, 
1994, range tariffs must identify the specific rate or discount (from 
among the range of available rates or discounts) which applies to each 
specific shipment, or must contain an objective means for determining 
that rate. Faxed rates, which are intended for use only where carriers 
must respond rapidly to changing market demands in the spot market, 
will have an effective period of only 7 days.

EFFECTIVE DATE: These regulations are effective on March 4, 1994, and 
carriers may begin to use the fax filing process for spot market 
shipments on that date.

FOR FURTHER INFORMATION CONTACT: Charles Langyher (202) 927-5160; [TDD 
for hearing impaired: (202) 927-5721].

SUPPLEMENTARY INFORMATION: The Commission issued a Notice of Proposed 
Rules on August 9, 1993 at 58 FR 42276. Additional information 
concerning the final rules that are adopted is contained in the 
Commission's decision. To purchase a copy of the full decision, write 
to, call, or pick up in person from: Dynamic Concepts, Inc., Room 2229, 
Interstate Commerce Commission Building, Washington, DC 20423. 
Telephone: (202) 289-4357/4359. [Assistance for the hearing impaired is 
available through TDD services (202) 927-5721.]

Regulatory Flexibility Certification

    No one has challenged our initial conclusion that this action will 
not have a significant economic impact on a substantial number of small 
entities. We reaffirm this conclusion for the reasons previously cited, 
i.e., that the economic impact will be minimal because the regulation 
merely provides for another means by which carriers may submit to the 
agency certain materials already required by statute to be filed with 
the agency. Thus, the economic impact is unlikely to be significant 
within the meaning of the Regulatory Flexibility Act.

Environmental Statement

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects

49 CFR Part 1002

    Administrative practice and procedure, Common carriers, Freedom of 
information, User fees.

49 CFR Part 1312

    Motor carriers, Moving of household goods, Pipelines, Tariffs.
    For the reasons set forth in the preamble, the Commission amends 
Chapter X of Title 49 of the Code of Federal Regulations, Parts 1002 
and 1312, as follows:

PART 1002--FEES

    1. The authority citation for part 1002 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a)(4)(A), 5 U.S.C. 553, 31 U.S.C. 9701 
and 49 U.S.C. 10321.

    2. In Sec. 1002.2(f), in the table, No. 74 is revised to read as 
follows:


Sec. 1002.2  Filing fees.

* * * * *
    (f) * * * 

                                                                        
                                                                        
                  Type of proceeding                          Fees      
(74)(i) The filing of tariffs (except for fax           10 per series   
 transmitted tariffs), rate schedules and contracts      transmitted.   
 including supplements.                                                 
(ii) Tariffs transmitted by fax.......................  1 per page.     
                                                                        
                                  ****                                  

PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS, SCHEDULES AND RELATED DOCUMENTS

    3. The authority citation for part 1312 is revised to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 10321, 10762, and 10767.

Sec. 1312.14  [Amended]

    4. The heading for Sec. 1312.14 is revised to read as follows:


Sec. 1312.14  Statement of rates and fares (see also Sec. 1312.41).

    5. A new Sec. 1312.41 is added to read as follows:


Sec. 1312.41  Range tariffs.

    (a) A range tariff presents a series of rates or discounts with 
each rate or discount potentially applicable to any given shipment; the 
particular rate or discount made applicable to particular shipment(s) 
is given effect by the filing of a second tariff. Under these 
circumstances the rate or discount made applicable by the filing of the 
second tariff takes precedence over other filed tariffs otherwise 
applicable to the shipment(s).
    (b) To initiate range tariff pricing, a carrier or agent shall:
    (1) File with the Commission a tariff setting forth the series 
(range) of rates or discounts potentially applicable to shipments 
moving on, or subsequent to, the effective date of the tariff. The 
tariff shall show on its title page the term INITIATING RANGE TARIFF;
    (2) Provide an explanation of the application of the tariff, 
including any conditions, limitations or restrictions that attend use 
of the tariff; the explanation shall be contained in an Item 150 
designated ``Application of Tariff'';
    (3) File not more than one initiating range tariff to be in effect 
at any one time; however, different ranges of rates or discounts may be 
established within the one tariff provided the application of the 
different ranges is clearly explained to avoid ambiguity of 
applicability;
    (4) File initiating range tariffs with the Commission in the manner 
required by Sec. 1312.3 and Sec. 1312.4(a) and (b) of this part; and
    (5) Establish and maintain with the Commission a tariff filing fee 
account pursuant to the provisions of Sec. 1002.2(a)(1)(ii) of this 
chapter, for use in making activating range tariff filings under 
paragraph (c) of this section.
    (c) To activate for particular shipment(s) a particular rate or 
discount (from among the range of rates or discounts provided in the 
initiating range tariff established under paragraph (b) of this 
section), a carrier or agent shall:
    (1) Prior to transporting a specifically identified shipment(s), 
file a tariff with the Commission stating the actual rate or discount 
that applies to the shipment(s). The tariff shall show on its title 
page the term ACTIVATING RANGE TARIFF and shall refer to the initiating 
range tariff (previously established under paragraph (b) of this 
section) as a control tariff;
    (2) Publish activating rates or discounts in a tariff in the 
carrier's own name or in a tariff filed in the name of a duly 
authorized agent, immediately followed by the carrier's or agent's code 
and the characters ``6R''; immediately under this designation shall be 
shown the actual date of filing with the Commission, which shall serve 
as the date on which the tariff becomes applicable for traffic moving 
subsequent to the filing.

Example: ICC ABCD 6R
Filed: 7/1/93

Each page of the activating range tariff shall show this same 
information. Each page shall be sequentially numbered with the final 
page stating ``end'' following the last page number;
    (3) Show on the title page of each activating range tariff a 
specific date of expiration that shall not exceed 7 days from the date 
of the tariff's filing. In the event an expiration date is not 
designated, the tariff shall expire 7 days from the date of filing;
    (4) Identify the specific traffic to be accorded service under the 
stated rate or discount with whatever information is needed to identify 
specifically the intended shipments, but in any event, at a minimum, 
identify either the shipper's name or the commodity description and 
origin and destination points; and
    (5) File with the Commission:
    (i) One copy of each activating tariff submitted by fax 
transmission to (202) 927-5888; to avoid the necessity of filing a 
separate transmittal letter (see Sec. 1312.4(b) of this part), the 
title page of every activating range tariff shall provide the name, 
title and phone number of the party authorized to submit the 
publication for filing with the Commission, and the fee account number 
established for the filing carrier or agent; or
    (ii) Two copies of each activating tariff transmitted by hand in 
accordance with the requirements of Sec. 1312.3 and 1312.4(a) and (b) 
of this part.
    (d) Except as expressly provided in this section, range tariffs are 
subject to the provisions of Secs. 1312.1 through 1312.40 of this part.

    Decided: January 10, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Simmons, 
Commissioners Phillips, and Philbin. Commissioner Phillips concurred 
in part and dissented in part with a separate expression.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-2358 Filed 2-1-94; 8:45 am]
BILLING CODE 7035-01-P