[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35139-35141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16989]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1300
[STB Ex Parte No. 528]
Disclosure, Publication, and Notice of Change of Rates and Other
Service Terms for Rail Common Carriage
AGENCY: Surface Transportation Board.
ACTION: Final rules.
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SUMMARY: The ICC Termination Act of 1995 (ICCTA) eliminated the tariff
requirements formerly applicable to rail carriers, but imposed instead
certain obligations to disclose common carriage rates and service terms
as well as a requirement for advance notice of increases in such rates
or a change in service terms. The ICCTA requires the Board to
promulgate regulations to administer these new obligations by June 29,
1996. The Board adds a new part 1300 to its regulations for that
purpose.
EFFECTIVE DATE: These rules are effective August 4, 1996.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: The Board's decision adopting these
[[Page 35140]]
regulations is available to all persons for a charge by phoning DC NEWS
& DATA, INC. at (202) 289-4357.
Small Entities
The Board certifies that these rules will not have a significant
economic impact on a substantial number of small entities. Although
many railroads and shippers are small entities, we believe that the
costs of compliance and other impacts would be minimal. We note that
the rules should result in easier access to rail rate and service
information, and to that extent, our action should benefit small
entities.
Environment
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 1300
Administrative practice and procedure, Agricultural commodities,
Railroads, Reporting and recordkeeping requirements.
Decided: June 27, 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 as follows:
SUBCHAPTER D--CARRIER RATES AND SERVICE TERMS
1. The heading for Subchapter D is revised as set forth above.
2. The undesignated center headings for parts 1300-1319, parts
1320-1329, and parts 1330-1339 are removed.
3. A new part 1300 is added to read as follows:
PART 1300--DISCLOSURE, PUBLICATION, AND NOTICE OF CHANGE OF RATES
AND OTHER SERVICE TERMS FOR RAIL COMMON CARRIAGE
Sec.
1300.1 Scope; definitions.
1300.2 Disclosure requirement for existing rates.
1300.3 Response to request for establishment of a new rate.
1300.4 Notice requirement.
1300.5 Additional publication requirement for agricultural products
and fertilizer.
Authority: 49 U.S.C. 721(a) and 11101(f).
Sec. 1300.1 Scope; definitions.
(a) The provisions of this part address the requirements imposed on
rail carriers by 49 U.S.C. 11101(b), 11101(c), 11101(d) and 11101(f).
(b) Except as otherwise provided in this section, the provisions of
this part apply to any common carriage transportation or service
provided by a rail carrier subject to the jurisdiction of the Surface
Transportation Board under 49 U.S.C. 10501.
(c) The provisions of this part do not apply to any transportation
or service provided by a rail carrier under a contract authorized under
49 U.S.C. 10709 or former 49 U.S.C. 10713 (repealed effective January
1, 1996).
(d) The provisions of this part do not apply to any transportation
or service provided by a rail carrier to the extent that such
transportation or service is exempted from rate notice and disclosure
requirements pursuant to an exemption issued under 49 U.S.C. 10502 or
former 49 U.S.C. 10505 (repealed effective January 1, 1996).
(e) For the purposes of this part, ``service terms'' means all
classifications, rules, and practices that affect the rates, charges,
or level of service for rail transportation.
Sec. 1300.2 Disclosure requirement for existing rates.
(a) A rail carrier must disclose to any person, upon formal
request, the specific rate(s) requested (or the basis for calculating
the specific rate(s)), as well as all charges and service terms that
may be applicable to transportation covered by the rate(s). For
purposes of Sec. 1300.4(a)(1) of this part, a formal request under this
part is one that clearly notifies the railroad that the requester seeks
not only immediate information but also notification of any future
increases in the rate(s) involved or changes in pertinent service
terms.
(b) The information provided by a rail carrier under this section
must be provided immediately. (It is expected that the response will be
sent within hours, or at least by the next business day, in most
situations.) Such information may be provided either in written or
electronic form as agreed to by the parties. If the parties cannot
agree, such information is to be provided in electronic (non-passive)
form where both parties have the requisite capabilities; otherwise, it
is to be provided in writing.
(c) A rail carrier may, at its option, require that all requests
submitted under this section be in written or electronic form, although
the carrier may permit oral requests.
Sec. 1300.3 Response to request for establishment of a new rate.
Where a shipper or a prospective shipper or person acting on behalf
of a shipper or a prospective shipper requests that the carrier
establish a rate in the absence of an existing rate for particular
transportation, the carrier must promptly establish and provide to the
requester a rate and applicable service terms. The information may be
provided either in written or electronic form, as agreed to by the
parties. If the parties cannot agree, such information is to be
provided in electronic (non-passive) form where both parties have the
requisite capabilities; otherwise, it is to be provided in writing. The
response should be provided as soon as reasonably possible, but no
later than 10 business days from receipt of the request. If a carrier
determines that additional information is required from the requester
before a rate or term can be established, the carrier must so notify
the requester as soon as possible, but no later than 10 business days
after receipt of the request. Once the additional information is
received, the carrier must set the rate and related service terms, and
relay them to the requester, as soon as reasonably possible, but no
later than 10 business days from the receipt of the additional
information. (However, the parties may agree to a different time
period, in which case these time periods would not apply.) A rail
carrier may, at its option, require that requests submitted under this
section be in written or electronic form, although the carrier may
permit oral requests.
Sec. 1300.4 Notice requirement.
(a) A rail carrier may not increase any rates or charges, or change
any service terms (except for changes that are equivalent to rate
reductions), unless 20 days have expired after written or electronic
notice has been provided to all persons who, within the previous 12
months:
(1) Have formally requested under Secs. 1300.2 or 1300.3 of this
part the affected rates or service terms; or
(2) Have made arrangements with the carrier for a future shipment
that would be subject to the increased rates or changed service terms.
(b) The notice required by this section may be in written or
electronic form, as agreed to by the parties. If the parties cannot
agree, the information is to be provided in electronic (non-passive)
form where both parties have the requisite capabilities; otherwise, it
is to be provided in writing.
(c) For purposes of this section, a mailed notice is deemed
``provided'' on the date such notice is postmarked.
(d) The notice required by this section must clearly identify the
increases in rates or charges or the changes in service terms.
[[Page 35141]]
Sec. 1300.5 Additional publication requirement for agricultural
products and fertilizer.
(a) With respect to transportation of agricultural products
(including grain, as defined in 7 U.S.C. 75, and all products thereof)
and fertilizer, a rail carrier shall publish, make available, and
retain for public inspection its currently effective rates, schedules
of rates, charges, and other service terms, and any scheduled changes
to such rates, charges, and service terms. This requirement is in
addition to the requirements imposed by Secs. 1300.2, 1300.3, and
1300.4 of this part.
(b) The information published under this section must include an
accurate description of the services offered to the public; must
provide the specific applicable rates (or the basis for calculating the
specific applicable rates), charges, and service terms; and must be
arranged in a way that allows for the determination of the exact rate,
charges, and service terms applicable to any given shipment (or to any
given group of shipments). Increases, reductions and other changes must
be symbolized or highlighted in some way to facilitate ready
identification of the changes, the nature of those changes and their
effective dates.
(c) A rail carrier must make the information available at offices
where it normally keeps rate information. Access to the information at
such offices must be provided to any person, without charge, during
normal business hours.
(d) A rail carrier must also make the required publications
available to all persons (hereinafter referred to as subscribers) who
have subscribed to a publication service operated either by the rail
carrier itself or by an agent acting at the rail carrier's direction.
Such publications may be made available either in printed or in
electronic form as agreed to by the parties. Any scheduled changes must
be published in a manner that provides timely notice to subscribers. A
rail carrier may impose reasonable charges for such publications.
Publications may be limited to the specific information requested by
the subscriber, and charges for such limited publications should be set
accordingly.
[FR Doc. 96-16989 Filed 7-3-96; 8:45 am]
BILLING CODE 4915-00-P