[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12607]


[[Page Unknown]]

[Federal Register: May 24, 1994]


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INTERSTATE COMMERCE COMMISSION

49 CFR Parts 1312 and 1314

[Ex Parte No. 444]

 

Electronic Filing of Tariffs

AGENCY: Interstate Commerce Commission (ICC).

ACTION: Notice of proposal to establish a negotiated rulemaking 
committee.

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SUMMARY: The ICC intends to establish a committee under the Negotiated 
Rulemaking Act to develop rules for electronic tariff filing (ETF). The 
ICC has requested and received approval from the Office of Management 
and Budget (OMB) to establish the Committee. In a notice (First Notice) 
published April 6, 1994 in the Federal Register, the ICC invited 
applications and nominations for Committee membership. This Second 
Notice lists the submitted applications and nominations, the persons 
selected, the interests they represent, and a proposed agenda and 
schedule for completing the work of the Committee. The public is asked 
to comment, particularly on the proposed composition of the Committee 
and whether all interests are represented.

DATES: Comments are due on June 23, 1994.

ADDRESSES: Send comments (an original and 10 copies) referring to Ex 
Parte No. 444 to: Interstate Commerce Commission, Office of the 
Secretary, Case Control Branch, Washington, DC 20423.

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: In a previous decision and notice (First 
Notice) in this proceeding,1 the Commission announced its 
intention to begin development of a comprehensive ETF system through 
means of a negotiated rulemaking committee. The Commission concluded 
that public comments received earlier support development of ETF, and 
that use of a rulemaking committee here would be in the public interest 
as defined in the Negotiated Rulemaking Act of 1990, Sec. 583 (Reg-Neg 
ACT).2
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    \1\See decision served April 1, 1994, and notices published 
April 6, 1994 at 59 FR 16164 and in the ICC Register.
    \2\P.L. 101-461.
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    The comments received in response to the First Notice were 
generally favorable to the proposal, and a number of persons have 
submitted applications or nominations for the Committee. In this notice 
(Second Notice), we are offering the public a second chance to comment 
on our selection of members, and are setting forth the proposed agenda 
and schedule for the Committee.3
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    \3\The OMB and the General Services Administration have approved 
the proposal for an ETF negotiated rulemaking committee.
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    Background. The First Notice described in detail the subject and 
scope of the rule to be developed and the issues to be considered. In 
brief, the Committee will identify the needs that an ETF system would 
serve, review the ETF options, and recommend appropriate technology and 
regulations.4 If the Committee agrees on the rules for an ETF 
system, we expect to issue a notice of proposed rulemaking containing 
those rules.
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    \4\See the prior decision or the First Notice for an extensive 
discussion on the subject and scope of the rules to be developed.
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    We also indicated our willingness to provide administrative support 
and meeting rooms, to appoint an employee to represent the agency on 
the Committee, and, if necessary, to investigate agency hiring of a 
technical expert to assist the Committee. The members of the Committee 
would be expected to pay their own expenses of participating on the 
Committee.
    Committee Membership. Committee membership is generally limited to 
25,5 and must include at least one person from the Commission. 
Reg-Neg Act, Sec. 585(b). The Committee must also have members 
representing all interests that will be significantly affected by the 
rule. The First Notice requested public comment as to these interests 
and solicited applications and nominations for participation on the 
Committee. Based on the comments and our own consideration of the 
issue, we believe that the following interests should be represented on 
the Committee: motor, rail, and water common carriers; carrier 
employees; publishing agents; tariff analysts; and shippers. Rate 
bureaus may represent the interests of both publishing agents and 
carriers.
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    \5\A committee may have more than 25 members if the agency 
determines that a greater number is necessary for the functioning of 
the committee or to achieve balanced membership. Reg-Neg Act, 
Sec. 585(b).
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    A list of those persons who have applied, or been nominated for the 
Committee, and their affiliations, is attached as Appendix A. Because 
more than 25 persons applied or were nominated, we selected those whose 
scope of representation, skills, and interest appear to be most 
appropriate to the needs of the Committee. Where we have selected more 
than one person nominated by the same organization, we believe the 
persons selected have different skills and/or represent different 
interests. Those who were selected are noted with an asterisk on 
Appendix A. We seek public comment on the proposed composition of the 
Committee and whether all interests affected by the rule are 
represented. Persons believing that the proposed Committee does not 
adequately represent their interests are encouraged to apply for 
membership. Persons submitting applications or nominations after 
publication of this Second Notice will have to state the reasons that 
the persons selected in this notice do not adequately represent the 
interests of the person submitting the application or nomination.
    Because the Committee's work will require knowledge of technical 
tariff and electronic data processing matters, persons applying or 
being nominated for the Committee should possess these skills (as well 
as others). Applications or nominations for membership must include the 
following:

    (1) The name of the applicant or nominee and a description of 
the interests such a person shall represent;
    (2) Evidence that the applicant or nominee is authorized to 
represent parties related to the interests the person proposes to 
represent;
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule 
under consideration; and
    (4) The reasons that the persons specified in this Second Notice 
do not adequately represent the interests of the person submitting 
the later application or nominations.

    Proposed Agenda and Schedule. A proposed Agenda and tentative 
Schedule are attached as Appendix B. Environmental Statement
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 17, 1994.

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

                              Appendix A.--Affected Interests and Proposed Members                              
                         [Persons Selected for Membership Are Indicated by an Asterisk]                         
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                                Interests                                        Person applied or nominated    
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Regular Common Carrier Conference, a trade association representing         *James C. Harkins.                  
 approximately 200 motor carriers providing primarily less-than-truckload                                       
 service. RCCC is an active participant in many Commission tariff matters                                       
 and proceedings.                                                                                               
EC-MAC Motor Carriers Service Association, Inc., an organization of         *James T. Henry.                    
 several hundred motor freight carriers, many of whom are regional and                                          
 smaller sized. EC-MAC serves as the tariff publishing agent for its                                            
 members and has had a lengthy and extensive use of electronic data                                             
 processing machinery.                                                                                          
National Motor Freight Traffic Association, Inc., a trade association       *Charles E. Jackson.                
 whose 900 members are for-hire motor common carriers. NMFTA has been a                                         
 party to numerous Commission tariff proceedings and publishes The                                              
 National Motor Freight Classification on file with the agency.                                                 
Southern Motor Carriers Rate Conference Inc., a tariff publishing bureau,   *Chester S Zadroga.                 
 which develops various electronic media formats and products to transmit                                       
 tariff data and information to tariff users                                                                    
American Movers Conference (AMC), the trade association for household       *Patricia Jennings.                 
 goods carriers, with nearly 3000 members, and the Household Goods          Thomas D. Berry.                    
 Carriers' Bureau Committee (HGCBC), a standing, autonomous committee of                                        
 AMC that handles the ratemaking function for 2,000 moving companies                                            
 parties to the HGCBC Agreement. HGCB Committee also publishes Mileage                                          
 Guides in tariff form for 2,000 members and 14,000 non-household goods                                         
 motor carriers.                                                                                                
Barrett Transportation Consultants (BTC), a company that publishes and      *Colin Barrett.                     
 maintains tariffs on behalf of many motor, rail and water carrier                                              
 clients. BTC also researches and reports on tariff filings of carriers of                                      
 all modes. It has developed a proprietary system of electronic                                                 
 maintenance of tariffs and publishes a monthly publication on                                                  
 computerization and electronic data interchange (EDI).                                                         
Rex Evilsizor and Associates, a longtime specialist in computers, tariffs,  Rex Evilsizor.                      
 Commission regulations, and transportation issues.                                                             
Glenserve Company, whose applicant participated on the Automated Tariff     *Thomas J. Tomasco.                 
 Filing and Information (ATFI) Advisory Committee to the Federal Maritime                                       
 Commission (FMC), which helped to develop the present FMC ATFI program.                                        
 Glenserve is a tariff publishing agent.                                                                        
Station List Publishing Company publishes the ICC OPSL 6000 Official Open   *John Alber.                        
 and Prepay Station List semi-monthly on behalf of over 500 rail carriers.                                      
 It serves as agent for many rail carriers. It has developed its own                                            
 electronic products based on printed tariff matter and is actively                                             
 involved in the rail industry's Rate EDI Network initiatives.                                                  
Rand McNally-TDM, Inc., a wholly owned subsidiary of Rand McNally &         *Thomas D. Berry.                   
 Company, develops and produces highway mileage guides for the Household                                        
 Goods Carriers' Bureau which are filed with the ICC, FMC and 30 state                                          
 regulatory agencies. These tariffs include HGB Mileage Guide (ICC HGB                                          
 100), HGB U.S. Government Mileage Guide (ICC HGB 108) and HGB National 3-                                      
 digit zip code Mileage Guide (ICC HGB 105). Rand McNally develops and                                          
 distributes tariff data in printed and electronic form.                                                        
Niagara Frontier Tariff Bureau, Inc., a publishing agent with interests in  Kenneth Leising.                    
 U.S. and Canadian (international) traffic.                                                                     
Rocky Mountain Motor Tariff Bureau, Inc., which publishes tariffs for over  Don R. Devine.                      
 260 for-hire motor common carriers, and is an interested party in this                                         
 proceeding.                                                                                                    
Don H. Norman Associates, Inc., a firm with a broad base of carrier,        *Don H. Norman.                     
 shipper, and association clients, that prepares and files thousands of     Thomas K. Ledman.                   
 tariff pages at the ICC and has submitted expert testimony concerning                                          
 tariff application and interpretation before the ICC.                                                          
Logistec, a company providing tariff publication services, computerized     Perry Engler.                       
 tariff preparation software, transportation pricing and tariff                                                 
 consultation, automatic rating software, rate data bases, tariff rate                                          
 retrieval, and watching services to both carriers and shippers.                                                
The American Short Line Railroad Association, an organization with more     *K. Grant Osburn, Jr.               
 than 400 short line and regional railroad members.                                                             
Illinois Commerce Commission, Transportation Division, a state regulatory   *Fred Carson.                       
 agency.                                                                                                        
Joseph L. Steinfeld, an attorney who has represented primarily bankrupt     Joseph L. Steinfeld, Jr.            
 motor carriers in undercharge cases.                                       *Don H. Norman.                     
International Brotherhood of Teamsters, representative of a large sector    *Marc J. Fink.                      
 of employees in the motor carrier industry.                                                                    
The Association of American Railroads, representing class I railroads.....  Jerry Crum.                         
                                                                            *Steve Gardner.                     
                                                                            Wandaleen Poynter.                  
The National Industrial Transportation League, an organization of shippers  George M. Fuchs.                    
 and groups of shippers who utilize various modes of transportation and     Ronald Reedy.                       
 are substantial users of transportation services.                          *Nancy E. Smith.                    
                                                                            Robert A. Voltman.                  
American Forest & Paper Association, represents member companies of the     *David Hershey.                     
 forest and paper industry, one of the largest customers of the nation's                                        
 railroads.                                                                                                     
Transportation Brokers Conference of America, represents 1,000 property     *Donald Sooey.                      
 brokers licensed by the ICC who arrange transportation for both shipper    Allen Lund.                         
 and carrier customers.                                                                                         
Illinois Legislative Board, United Transportation Union, represents the     *Gordon P. MacDougall.              
 interests of certain rail employees who are employed by class I rail                                           
 carriers.                                                                                                      
Railroad Publication Services and Western Railroad Association, a tariff    *Robert C. Becker.                  
 publishing agency for the principal U. S. railroads.                                                           
Leon H. Carrington, an ICC practitioner and software developer              Leon H. Carrington.                 
 specializing in the development of geographic systems for transporta-tion                                      
 and distribution, especially for small businesses.                                                             
United Parcel Services, Inc., a small package carrier that is also a        *Eduardo I. Coloma.                 
 developer and user of specialized logistics and electronic data systems.                                       
American Trucking Associations, Inc., an association representing motor     *Doug Anderson.                     
 freight carriers.                                                          Kent Jamison.                       
                                                                            John Strickland.                    
                                                                            Reggie Mutter.                      
                                                                            Kenneth Siegal.                     
Interstate Commerce Commission, whose nominee is a staff expert on          *James W. Greene.                   
 electronic tariff filing.                                                                                      
Rijnhaave Information Service Inc., a company involved in the ATFI          David W. Garay.                     
 electronic tariff filing process.                                                                              
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                                   Appendix B.--Proposed Agenda and Schedule                                    
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                                                                                          Target date           
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ICC publishes the notice establishing the Reg-Neg Committee and announcing     7/6/94.                          
 the time and place for the initial meeting of the Committee.                                                   
ICC hosts Industry Conferences, consults with the Reg-Neg Committee and        8/1/94 through 3/31/95.          
 performs internal analyses regarding the design, implementation and                                            
 operation of an ETF system.                                                                                    
Reg-Neg Committee submits final report to ICC................................  4/30/95.                         
ICC initiates and implements development of pilot system.....................  6/1/95 through 9/30/95.          
ICC issues a notice of proposed rulemaking to establish rules for an ETF       6/30/95.                         
 System.                                                                                                        
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[FR Doc. 94-12607 Filed 5-23-94; 8:45 am]
BILLING CODE 7035-01-P