[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Proposed Rules]
[Pages 67291-67293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32358]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1312

[STB Ex Parte No. 618]


Regulations for the Publication, Posting and Filing of Tariffs 
for the Transportation of Property By or With a Water Carrier in the 
Noncontiguous Domestic Trade

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Board proposes to modify its tariff filing regulations to 
reflect the elimination of most tariff filing requirements for surface 
carrier transportation, and to provide carriers with additional 
flexibility to establish appropriate formats for the filed tariffs that 
continue to be required. The proposed regulations eliminate obsolete 
provisions, and provide more flexibility for carriers to devise 
publications that will best fulfill the needs of the carriers and their 
customers.


[[Page 67292]]


DATES: Comments are due on January 19, 1997.

ADDRESSES: Send comments (an original and 10 copies) referring to STB 
Ex Parte No. 618 to: Surface Transportation Board, Office of the 
Secretary, Case Control Branch, 1201 Constitution Ave., 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), significantly reduced the regulation of surface 
carrier transportation, and transferred certain regulatory 
responsibilities to the Surface Transportation Board (Board). As 
pertinent here, the ICCTA eliminated tariff filing requirements for 
surface carrier transportation, except for the transportation of 
property (with certain exceptions) by or with a water carrier in the 
noncontiguous domestic trade. In the noncontiguous domestic trade, the 
ICCTA transferred from the Federal Maritime Commission (FMC) to the 
Board the responsibility for regulating port-to-port water carriage, 
and from the ICC to the Board the responsibility for regulating 
intermodal transportation.
    The tariff regulations at 49 CFR part 1312, which the Board 
inherited from the ICC, have not been revised for several years. They 
contain numerous provisions that have become obsolete as tariff 
requirements have been eliminated or (for certain tariff requirements 
that were not eliminated) addressed in other parts of the CFR.
    More specifically, the regulations at part 1312 contain broad 
tariff provisions addressed to rail carriers, pipeline carriers, motor 
carriers, water carriers, and household goods freight forwarders. 
However, rail carriers are no longer required by statute to maintain 
tariffs; regulations addressing their rate disclosure and dissemination 
requirements are now set forth in 49 CFR part 1300.1 Similarly, 
pipeline carriers are no longer required to maintain tariffs; 
regulations addressing their rate disclosure requirements are now set 
forth in 49 CFR part 1305.2 Moreover, motor carriers and freight 
forwarders are now required to maintain tariffs only for household 
goods movements and intermodal movements in the noncontiguous domestic 
trade. Regulations to address their household goods tariff requirements 
have been proposed to be placed in 49 CFR part 1310.3 Thus, the 
only portions of part 1312 that have not been superseded or rendered 
obsolete are addressed to intermodal movements in the noncontiguous 
domestic trade.
---------------------------------------------------------------------------

    \1\ Disclosure, Publication, and Notice of Change of Rates and 
Other Service Terms for Rail Common Carriage, 1 S.T.B. 153 (served 
June 28, 1996) (STB Ex Parte No. 528), 61 Fed. Reg. 35139 (July 5, 
1996).
    \2\ Disclosure and Notice of Change of Rates and Other Service 
Terms for Pipeline Common Carriage, 1 S.T.B. 146 (served June 28, 
1996) (STB Ex Parte No. 538), 61 Fed. Reg. 35141 (July 5, 1996).
    \3\ Household Goods Tariffs, STB Ex Parte No. 555 (served Nov. 
4, 1996), 61 Fed. Reg. 56656 (Nov. 4, 1996).
---------------------------------------------------------------------------

    As a result, we propose to revise part 1312 to remove unnecessary 
provisions. At the same time, we propose to expand part 1312 to embrace 
tariffs for port-to-port water movements in the noncontiguous domestic 
trade. Tariffs for such port-to-port water movements were formerly 
filed with the FMC, and thus were not addressed in the ICC's 
regulations. It seems logical and appropriate to address in the same 
regulations those tariff requirements together with the tariff 
requirements for intermodal movements in the same markets (the 
noncontiguous domestic trade).
    The regulations we propose will require that these tariffs contain 
all of the information needed to determine the rates and service terms 
applicable to shipments that are subject to such tariffs, and that the 
information be made available in user friendly ways; however, we 
propose to eliminate the specific, detailed format specifications 
formerly set forth in part 1312. The prescription of detailed tariff 
formats was needed to facilitate rate and service comparisons when tens 
of thousands of motor carriers were required to file voluminous tariffs 
with the ICC detailing all of their rate and service offerings. We do 
not believe that such requirements are warranted today. The volume of 
tariffs filed with the Board is but a small fraction of the tariffs 
filed with the ICC when part 1312 was formulated, and many of the 
tariffs currently filed with the Board are filed electronically (and 
are, therefore, not subject to the printed tariff format 
requirements).4
---------------------------------------------------------------------------

    \4\ We propose to codify in the regulations the authority for 
carriers to file their tariffs electronically through FMC's 
Automated Tariff Filing and Information (ATFI) system. See 
Electronic Filing of Noncontiguous Domestic Trade Tariffs, Special 
Tariff Authority No. 4 (STB served Oct. 1, 1996).
---------------------------------------------------------------------------

    In an earlier rulemaking proceeding, the ICC had proposed to 
establish general requirements for filed tariffs, in lieu of the 
detailed formats previously prescribed.5 Because of the voluminous 
motor carrier tariffs then on file, certain motor carriers and shippers 
expressed concern that the elimination of detailed format 
specifications would make tariffs more difficult to use.6 The 
subsequent elimination of most motor carrier tariff filing requirements 
has, we believe, alleviated that concern.
---------------------------------------------------------------------------

    \5\ Electronic Filing of Tariffs, Ex Parte No. 444 (ICC served 
Oct. 21, 1987).
    \6\ The general requirements for filed tariffs proposed in the 
earlier proceeding were subsequently adopted for railroad tariffs, 
but not for the tariffs of other modes.
---------------------------------------------------------------------------

    Additionally, as noted above, many tariffs now required to be filed 
are filed with the Board electronically through the FMC's ATFI system, 
and those tariffs are subject to the format requirements established 
for that system. The use of electronic filings further reduces the need 
for detailed format specifications for printed tariffs, such as are now 
contained in part 1312, as there would be no consistency in the format 
of electronic and printed tariffs.
    In these circumstances, we believe that replacing the current, 
restrictive filing regulations for printed tariffs with more flexible 
regulations will be in the public interest. The proposed regulations 
will not change the type or amount of information required to be 
included in tariffs, but they will provide carriers with additional 
flexibility to devise appropriate tariff publications to better serve 
their needs and the needs of their customers. This should increase the 
utility of tariffs and reduce the burden of complying with the tariff 
filing requirement.

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. The proposed regulations eliminate obsolete provisions 
and offer carriers additional flexibility to establish appropriate 
formats for the tariffs that

[[Page 67293]]

continue to be required. 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 1312

    Motor carriers, Noncontiguous domestic trade, Tariffs, Water 
carriers.

    Decided: December 9, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-32358 Filed 12-19-96; 8:45 am]
BILLING CODE 4915-00-P