[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7428-7429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4514]



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DEPARTMENT OF TRANSPORTATION
49 CFR Part 1314

[STB Ex Parte No. 530]


Removal of Obsolete Rail Tariff Regulations

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (the Board) is removing 
obsolete rail tariff regulations from the Code of Federal Regulations.

EFFECTIVE DATE: January 1, 1996.

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

SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC 
Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (the Act), 
abolished the Interstate Commerce Commission (the Commission) and 
established within the Department of Transportation the Surface 
Transportation Board. Section 204 of the Act provides that ``[t]he 
Board shall promptly rescind all regulations established by the 
[Commission] that are based on provisions of law repealed and not 
substantively reenacted by this Act.'' 49 U.S.C. 10761 and 10762, the 
statutory bases for the part 1314 rail tariff regulations,1 have 
been repealed. Carriers no longer have to file or maintain tariffs. We 
are therefore removing the now obsolete part 1314 regulations.2 
Tariff regulations at part 1312, which cover other modes of 
transportation for which tariff filing requirements were not completely 
eliminated, will be separately addressed and revised.3

    \1\ These regulations were promulgated in Electronic Filing of 
Tariffs, 5 I.C.C.2d 279 (1989), rules stayed, 5 I.C.C.2d 1052 
(1989), stay lifted as to rail carrier tariffs, 6 I.C.C.2d 153 
(1989). We subsequently amended our regulations to reflect the 
status quo for publishing electronic and printed tariffs, and we 
terminated the proceeding. Electronic Filing of Tariffs 49 CFR Parts 
1312 and 1314, Ex Parte No. 444 (ICC served Mar. 10, 1995).
    \2\ While the Act removes the requirement that a tariff be filed 
or maintained, rail carriers must establish and maintain rates and 
service terms for transportation that are provided under common 
carriage. Moreover, under 49 U.S.C. 11101(b), rail carriers must 
disclose those rates to any person upon request. For agricultural 
products, the rail carrier shall also ``publish, make available, and 
retain for public inspection its common carrier rates, schedules of 
rates, and other service terms. * * * '' 49 U.S.C. 11101(d). The 
Board will separately issue new regulations implementing these 
requirements. Under 49 U.S.C. 11101(e), a rail carrier is required 
to provide transportation and service according to the rates and 
service terms it has published or otherwise made available.
    \3\ Parties may inform the Board whether other regulations are 
affected by the elimination of Sec. 10761 and Sec. 10762.
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    Because this action merely reflects, and is required by, the 
enactment of the 

[[Page 7429]]
Act and will not have an adverse effect on the interests of any person, 
this action will be deemed to be effective as of January 1, 1996.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1314

    Railroads, Tariffs.

    Decided: February 15, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble and under the authority 
of 49 U.S.C. 721(a), title 49, chapter X of the Code of Federal 
Regulations is amended by removing part 1314.

[FR Doc. 96-4514 Filed 2-27-96; 8:45 am]
BILLING CODE 4915-00-P