[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