[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Notices]
[Pages 62256-62257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29546]



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INTERSTATE COMMERCE COMMISSION

[Ex Parte No. 347 (Sub-No. 2)]


Rate Guidelines--Non-Coal Proceedings

AGENCY: Interstate Commerce Commission.

ACTION: Notice of proposed guidelines.

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SUMMARY: The Commission seeks comments on simplified decisional 
guidelines that can be used to resolve rail rate reasonableness cases 
in proceedings where the Constrained Market Pricing (CMP) method is 
unsuitable. The Commission finds that the Simplified Stand-Alone Cost 
Model proposed by the Association of American Railroads, as currently 
formulated, does not appear to be an acceptable tool for determining 
maximum reasonable rail rates, and that, unless it is modified, it 
would not be appropriate for use in future rate cases. Comments are 
requested on two proposals that would jointly apply a ``revenue 
shortfall allocation method'' (RSAM) test, an ``average revenue-to-
variable cost percentage above 180%'' (R/VC>180) test, and a ``revenue-
to-variable cost comparison'' (R/VCCOMP) test as a guide in 
determining the reasonableness of the rates charged captive shippers in 
those cases that are too small for use of our CMP guidelines. Comments 
are also invited on whether 

[[Page 62257]]
to define in this proceeding those cases that would qualify for 
processing under simplified procedures or whether it is more desirable 
to have that determination made on a case-by-case basis.

DATES: Comments must be filed by February 5, 1996. Replies must be 
filed by March 4, 1996.

ADDRESSES: An original and 20 copies of all documents must refer to Ex 
Parte No. 347 (Sub-No. 2) and be sent to the Office of the Secretary, 
Case Control Branch, Attn: Ex Parte No. 347 (Sub-No. 2), Interstate 
Commerce Commission, 1201 Constitution Ave., N.W., Washington, DC 
20423. Parties are encouraged also to submit all pleadings and 
attachments on a 3.5-inch diskette in WordPerfect 5.1 format.

FOR FURTHER INFORMATION CONTACT: Ellen D. Hanson or Thomas J. Stilling, 
(202) 927-7312. [TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Commission's decision. To purchase a copy of the full decision, write 
to, call, or pick up in person from: DC News & Data, Inc., Room 2229, 
Interstate Commerce Commission Building, 1201 Constitution Ave., N.W., 
Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance for 
the hearing impaired is available through TDD services at (202) 927-
5721.]
    The Commission tentatively concludes that the proposed action, 
which seeks to develop standards for small rate cases, will not have a 
substantial impact upon a significant number of small entities, and 
that any impact it might have on such entities will be favorable.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: November 22, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen and 
Commissioner Simmons.
Vernon A. Williams,
Secretary.
[FR Doc. 95-29546 Filed 12-04-95; 8:45 am]
BILLING CODE 7035-01-P