[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Proposed Rules]
[Pages 54144-54145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26438]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1313

[STB Ex Parte No. 541]


Railroad Contracts

AGENCY: Surface Transportation Board, Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Board proposes to modify its existing regulations that 
govern contracts under 49 U.S.C. 10709 that are entered into between 
one or more rail carriers and one or more purchasers of rail services 
for the transportation of agricultural products. The proposed 
regulations eliminate provisions for filings that are no longer 
required, and otherwise largely continue existing filing and 
information disclosure requirements for agricultural contract 
summaries.

DATES: Comments are due on November 18, 1996.

ADDRESSES: Send comments (an original and 10 copies) referring to STB 
Ex Parte No. 541 to: Surface Transportation Board, Office of the 
Secretary, Case Control Branch, 1201 Constitution

[[Page 54145]]

Avenue, N.W., Washington, DC 20423-0001.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Pub. L. No. 
104-88, 109 Stat. 803 (1995) (ICCTA), abolished the Interstate Commerce 
Commission (ICC) and transferred responsibility for regulating rail 
transportation to the Surface Transportation Board (Board). As 
pertinent here, the ICCTA also reduced regulatory oversight of rail 
transportation contracts in several significant ways. First, the ICCTA 
limited such oversight to contracts covering the transportation of 
agricultural products. Second, even as to contracts for agricultural 
products, the ICCTA eliminated the requirement that railroads file 
copies of the contracts with the Board; railroads need only file a 
summary of each contract. Third, the ICCTA removed various outdated 
provisions and procedural details, leaving it to the Board to maintain 
appropriate implementing procedures.
    In an advance notice of proposed rulemaking in this proceeding, 
served March 26, 1996 (61 FR 13147), we invited interested persons to 
submit suggestions for appropriate regulations to implement 49 U.S.C. 
10709, in place of the now-outdated rules at 49 CFR part 1313. In 
response, we received comments from shipper, carrier and rail employee 
interests. Shippers contended that the existing information disclosure 
requirements for agricultural contracts have proven to be adequate, and 
that all of them should be continued. Rail carriers proposed to reduce 
the information required to be disclosed.
    After considering the comments, we propose to revise our 
regulations to eliminate provisions for filings that are no longer 
required, and otherwise to continue many of the existing filing and 
information disclosure requirements for agricultural contract 
summaries. Certain other minor revisions, such as changes to the time 
period within which the Board must take action against new and amended 
contracts, are proposed to reflect related changes made by the ICCTA. 
Additionally, we propose to add a new requirement that summaries for 
agricultural contracts be filed within seven days of the date of a 
contract or amended contract. In other respects, the proposed 
regulations do not significantly change the existing rules.

Availability

    The full text of the proposed rules is available to all persons for 
a charge by phoning DC News and Data, Inc., at (202) 289-4357.

Request for Comments

    We invite comments on all aspects of the proposed regulations. We 
encourage any commenter that has the necessary technical wherewithal to 
submit its comments as computer data on a 3.5-inch floppy diskette 
formatted for WordPerfect 5.1, or formatted so that it can be readily 
converted into WordPerfect 5.1. Any such diskette submission (one 
diskette will be sufficient) should be in addition to the written 
submission (an original and 10 copies).

Small Entities

    The Board preliminarily concludes that these rules, if adopted, 
would not have a significant economic effect on a substantial number of 
small entities. One commenter, the Kansas Grain and Feed Association 
(KGFA), asserts that these regulations will have a significant economic 
impact on a substantial number of small entities by influencing its 
members' daily markets for the sale and purchase of agricultural 
products. KGFA's contention relates to the rail contracting practices 
permitted by both the former and new statutes, not the impact of these 
regulations. The proposed regulations merely reflect the modest changes 
effected by the ICCTA, and largely continue existing contract 
disclosure requirements for agricultural products.
    The Board, nevertheless, seeks comment on whether there would be 
effects on small entities that should be considered, so that the Board 
can determine whether to prepare a regulatory flexibility analysis at 
the final rule stage.

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 1313

    Agricultural products, Contract summaries, Rail carriers, 
Transportation contracts.

    Decided: October 4, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-26438 Filed 10-16-96; 8:45 am]
BILLING CODE 4915-00-P