[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Proposed Rules]
[Pages 40548-40549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19512]



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INTERSTATE COMMERCE COMMISSION

49 CFR Parts 1051 and 1220

[Ex Parte No. 55 (Sub-No. 95)]


Petition for Rulemaking--Invoiceless Billing Transactions

AGENCY: Interstate Commerce Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Commission is issuing an advance notice of proposed 
rulemaking to examine restrictions against invoiceless billing between 
shippers and carriers. In this context, invoiceless billing means a 
system in which payments are made with no paper or electronic freight 
bill being issued by the carrier. Presently, Commission regulations 
require the issuance of freight bills by motor common carriers and 
require their retention for one year. This proceeding is instituted in 
response to a petition asking the Commission to modify the present 
regulations to allow consensual invoiceless billing between shippers, 
on the one hand, and motor common and contract carriers on the other. 
The Commission is asking for comments on this proposal and on whether 
consensual invoiceless billing should be authorized for other modes, 
including rail and water carriers. Following receipt of public 
comments, the Commission will decide whether any changes to the present 
rules may be warranted. If so, a notice of proposed rulemaking will be 
issued. Otherwise, the proceeding will be discontinued.

DATES: Any person interested in participating in this proceeding as a 
party of record may file comments by October 10, 1995.

ADDRESSES: Send an original and 10 copies of pleadings referring to Ex 
Parte No. 55 (Sub-No. 95) to: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, 1201 

[[Page 40549]]
Constitution Avenue, NW., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: For a more detailed discussion of the 
current statutes and regulations, the issues raised by the petition, 
and the information that is needed to go forward, see the Commission's 
separate decision in this proceeding issued today. To obtain a copy of 
the full decision, write to, call, or pick up in person from: Office of 
the Secretary, Room 2215, Interstate Commerce Commission, 1201 
Constitution Avenue, NW., Washington, DC 20423. Telephone: (202) 927-
7428. [Assistance for the hearing impaired is available through TDD 
services: (202) 927-5721.]

Regulatory Flexibility

    Because this is not a notice of proposed rulemaking within the 
meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
need not conduct at this point an examination of impacts on small 
business. However, we welcome any comments regarding small entity 
considerations embodied in that Act.

Environmental and Energy Considerations

    Issuing this notice will not significantly affect either the 
quality of the human environment or the conservation of energy 
resources because the notice merely seeks information and is not 
proposing any change in current rules or policy. We preliminarily 
conclude that, even if we subsequently decide to grant the relief 
sought by petitioner, an environmental assessment would not be 
necessary under our regulations because the proposed action would not 
result in changes in carrier operations that exceed the threshold 
established in our regulations. See 49 CFR 1105.6(c)(2). We invite 
comments on the environmental and energy impacts of the proposal.

List of Subjects

49 CFR Part 1051

    Buses, Freight, Motor carriers, Reporting and Recordkeeping 
requirements.

49 CFR Part 1220

    Motor carriers, Railroads, Reporting and recordkeeping 
requirements.

    Authority: 49 U.S.C. 10321 and 11144, and 5 U.S.C. 553.

    Decided: July 25, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, 
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.
[FR Doc. 95-19512 Filed 8-8-95; 8:45 am]
BILLING CODE 7035-01-P