[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4982]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1312

[Ex Parte No. 218]

 

Filing of Tariff Adoption Publications

AGENCY: Interstate Commerce Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopts a regulation which establishes a 60-day 
deadline for the filing of adoption publications. The regulation is 
intended to remove any possible ambiguity with regard to the existing 
regulation, which requires that such publications be filed 
``promptly''.

EFFECTIVE DATE: This regulation is effective April 3, 1994.

FOR FURTHER INFORMATION CONTACT: James W. Greene (202) 927-5597 or 
Charles E. Langyher, III (202) 927-5160. (TDD for hearing impaired: 
(202) 927-5721).

SUPPLEMENTARY INFORMATION: By decision served December 8, 1993 (58 FR 
64717, December 9, 1993), the Commission requested public comments on 
the desirability of amending Sec. 1312.20(h) (49 CFR 1312.20(h)) to 
require that adoption publications be filed not more than 60 days after 
consummation of the event giving rise to their filing. The existing 
regulation specifies that adoption publications should be filed prior 
to consummation, if possible; and that, if for some reason filing 
cannot be accomplished prior to consummation, they should be filed as 
soon as possible thereafter, i.e. ``promptly''. The new regulation will 
replace ``promptly'' with the more specific requirement that adoption 
publications be filed no later than 60 days after consummation of the 
transaction.
    The regulation is not controversial. The National Bus Traffic 
Association, Inc. filed the only response to our notice of proposed 
rulemaking, and it supported the regulation.
    Timely filing of adoption publications is important. Absent a new 
carrier's filing of its own tariffs or adoption of the former carrier's 
tariffs, any operations conducted by the new carrier violate 49 U.S.C. 
10761(a), which prohibits service by a carrier unless ``the rate for 
transportation or service is contained in a tariff that is in effect * 
* *''. Thus, the failure to timely file either new tariffs or adoption 
publications can result in a violation of the statute. Additionally, 
users and potential users of transportation services have no way of 
determining from the tariff system the rates for the new carrier's 
services unless adoption publications or new tariffs have been filed. 
We will adopt the regulation as proposed.
    As indicated in the notice of proposed rulemaking, the 60-day 
deadline is intended only as the maximum allowable time; it should not 
be viewed as an opportunity to delay filings beyond the consummation 
date. As stated in both the old and new regulations, adoption 
publications should be filed prior to the consummation date whenever 
possible.

Environmental and Energy Considerations

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

Regulatory Flexibility Analyses

    Pursuant to 5 U.S.C. 605(b), we conclude that this action will not 
have a significant economic impact on a substantial number of small 
entities. The action merely clarifies the timing of a one-time filing 
requirement already required by the Commission's regulations. Thus, no 
new substantive requirements are being imposed.

List of Subjects in 49 CFR Part 1312

    Motor carriers, Moving of household goods, Pipelines, Tariffs.

    Decided: February 18, 1994.

    By the Commission, Chairman McDonald, Vice Chairman Phillips, 
Commissioners Simmons and Philbin.
Sidney L. Strickland, Jr.,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1312 of the Code of Federal Regulations is amended as follows:

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

    1. The authority citation for part 1312 continues to read as 
follows:

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

    2. In Sec. 1312.20, paragraph (h)(1) is revised to read as follows:


Sec. 1312.20  Transfer of operations--change in name and control.

* * * * *
    (h) * * *
    (1) The effective date of adoption publications is the date of 
consummation of the transaction for which such publications are 
required. Adoption publications shall be filed promptly and, if 
possible, prior to their effective date, but in no case later than 60 
days thereafter.
* * * * *
[FR Doc. 94-4982 Filed 3-3-94; 8:45 am]
BILLING CODE 7035-01-P