[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Notices]
[Pages 52494-52495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25617]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Ex Parte No. 533]
FEDERAL MARITIME COMMISSION
[Docket No. 96-04]
Noncontiguous Domestic Trade Tariffs
AGENCIES: Surface Transportation Board, Department of Transportation;
Federal Maritime Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (STB or Board) and the
Federal Maritime Commission (FMC or Commission) provide notice as to
how they are implementing the provisions of the ICC Termination Act of
1995 involving tariff filing and rate reasonableness in the
noncontiguous domestic trade (49 U.S.C. 13701 and 13702).1
\1\ The two agencies are handling this matter simultaneously.
---------------------------------------------------------------------------
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Craig Keats, Office of the General
Counsel, STB, (202) 927-6046 or John Cunningham, Office of the General
Counsel, FMC, (202) 523-5740. [TDD for the hearing impaired: (202) 927-
5721.]
SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Pub. L. No.
104-88, 109 Stat. 803 (ICC Termination Act), abolished the Interstate
Commerce Commission (ICC). The ICC Termination Act transferred
jurisdiction over ``port to port'' operations in the noncontiguous
domestic trade, which had formerly been regulated by the FMC under the
Intercoastal Shipping Act, 1933 (1933 Act) (46 U.S.C. 843-848), to the
Board. See new 49 U.S.C. 13501 and 13521 (giving the Board jurisdiction
over port to port water carrier transportation in the noncontiguous
domestic trade); 49 U.S.C. 13702 (requiring that, with certain
exceptions, water carriers operating in the noncontiguous domestic
trade file tariffs with the Board); and 49 U.S.C. 13701 (providing that
water carrier services in the noncontiguous domestic trade are subject
to rate regulation by the Board).
Section 2 of the ICC Termination Act states that: ``Except as
otherwise provided in this Act, this Act shall take effect on January
1, 1996.'' Under section 335 of the ICC Termination Act, however,
repeal of the 1933 Act, and of portions of the Shipping Act, 1916 (1916
Act), does not become effective until September 30, 1996. In light of
these two statutory provisions, the two agencies, in a notice published
at 61 FR 5835 (Feb. 14, 1996), found that there is some ambiguity as to
whether, at least until September 30, 1996, water carriers operating in
the noncontiguous domestic trade must file their tariffs at the Board
or the Commission, and as to which agency would be responsible for rate
regulation during this interim period. The Board and the Commission,
therefore, sought public comment on how the two agencies could best
administer their respective statutes during the transition period
ending September 30, 1996, in a manner that would be most efficient and
least disruptive to the industry and the shipping public.
Comments and/or replies were filed by 13 carriers, shippers, and
government entities. Of the comments that were responsive to the
questions raised, some took the position that Congress, by postponing
the date on which the relevant provisions of the 1916 Act and the 1933
Act were repealed, must have intended a 9-month transition period. The
majority of the commentors, however, expressed the view that, because
section 33 of the 1916 Act (46 U.S.C. 832) foreclosed the FMC from
regulating operations already subject to ICC (now Board) jurisdiction,
the Board assumed exclusive jurisdiction over operations in the
noncontiguous domestic trade as of January 1, 1996. Although one of
those commentors (Caribbean Shippers' Association) asserted that all
tariffs and agreements on file with the FMC must be canceled
immediately, most concluded that the Board could, under delegation of
authority principles, permit continued tariff filing at the FMC.
After reviewing the comments, we determined that we would monitor
the way in which the industry adapted to the new statute before acting.
We found that, although some carriers preferred filing electronically
at the FMC, while others preferred to file on paper at the Board, there
were no complaints from the shipping public that carriers were not
filing their port to port tariffs. For that reason, and in light of the
statutory ambiguity, we concluded that we could best facilitate the
transition to exclusive Board jurisdiction by permitting carriers to
continue filing at either agency, as they saw fit, until September 30,
1996. Therefore, since passage of the ICC Termination Act, each agency
has recognized and respected the port to port tariffs filed at the
other.
Beginning on October 1, 1996, jurisdiction over port to port
transportation will clearly rest only with the Board. Therefore, as of
that date, all tariffs for such services must be filed with the Board,
rather than the FMC.2 In light of the Congressional report
language urging the Board ``to continue the FMC's practice of allowing
carriers to file their tariffs electronically,'' 3 the two
agencies have worked together to permit the Board to receive tariffs
filed through the FMC's Automated Tariff Filing and Information System
(ATFI). Accordingly, carriers that have filed their port to port
tariffs electronically with the FMC may continue to do so.
Additionally, the Board will allow carriers to use the ATFI system to
file their joint intermodal rate tariffs for noncontiguous domestic
transportation electronically. Electronic filing, however, will not be
mandatory; carriers may file their port to port and intermodal tariffs
in printed form at the Board.4
---------------------------------------------------------------------------
\2\ Similarly, all agreements filed with the FMC pursuant to
section 15 of the 1916 Act will be subject to the antitrust laws as
of that date.
\3\ H.R. Rep. No. 422, 104th Cong., 1st Sess. 206 (1995).
\4\ The Board is authorizing these filings by order issued in
Electronic Tariff Filing of Noncontiguous Domestic Trade Tariffs,
STB Special Tariff Authority No. 4, which is being served
concurrently with this notice.
---------------------------------------------------------------------------
Regulatory Flexibility Analysis
The Board and the Commission certify that this action will not have
a significant impact on a substantial number of small entities. No new
regulatory burdens are imposed, directly or indirectly, on such
entities. The purpose of the decision is simply to facilitate the
transition to a new regulatory regime.
Environmental and Energy Analysis
This action will not significantly affect either the quality of the
human environment or conservation of energy resources.
[[Page 52495]]
Decided: September 19, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary, Surface Transportation Board.
By the Commission, Chairman Creel, Commissioners Hsu, Scroggins,
and Won.
Joseph C. Polking,
Secretary, Federal Maritime Commission.
[FR Doc. 96-25617 Filed 10-4-96; 8:45 am]
BILLING CODE 4915-00-P; 6730-01-P