[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Proposed Rules]
[Pages 6508-6509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3388]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1111

[STB Ex Parte No. 527 (Sub-No. 1)]


Expedited Procedures for Processing Simplified Rail Rate 
Reasonableness Proceedings

AGENCY: Surface Transportation Board.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (Board) issued a decision on 
December 31, 1996, in Rate Guidelines--Non-Coal Proceedings, Ex Parte 
No. 347 (Sub-No. 2), adopting simplified guidelines for determining the 
reasonableness of rail rates in proceedings where the Constrained 
Market Pricing guidelines cannot practicably be applied. The Board 
solicits comments on how the complaint and investigation procedures at 
49 CFR Part 1111 should be modified to incorporate a general procedural 
schedule to govern the processing of proceedings using the simplified 
guidelines.

DATES: Comments are due March 14, 1997.

ADDRESSES: Send comments referring to STB Ex Parte No. 527 (Sub-No. 1) 
to: Surface Transportation Board, Office of the Secretary, Case Control 
Branch, 1201 Constitution Ave., N.W., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Thomas J. Stilling, (202) 927-7312. 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Under the ICC Termination Act of 1995, Pub. 
L. 104-88, 109 Stat. 803 (1995)(ICCTA), new 49 U.S.C. 10704(c), the 
Board is required to decide the reasonableness of a challenged rate 
within 9 months after the record closes if the determination is based 
on stand-alone cost evidence, and within 6 months if it is based upon a 
simplified methodology. By decision served on October 1, 1996 in 
Expedited Procedures for Processing Rail Rate Reasonableness, Exemption 
and Revocation Proceedings, Ex Parte No. 527, published in the Federal 
Register on October 8, 1996 (61 FR 52710) (October decision) the Board 
adopted final rules to expedite the handling of challenges to the 
reasonableness of railroad rates including the adoption of a procedural 
schedule applicable in stand-alone cost cases. The general procedural 
schedule requires completion of the evidentiary phase of a stand-alone 
cost case in 7 months and the issuance of a final decision within 16 
months of the filing of the complaint. 49 CFR 1111.8. The rules became 
effective November 16, 1996.
    In the October decision, we did not adopt a procedural schedule to 
govern the filing of evidence in cases using the simplified rate 
evaluation procedures. Rather, we indicated that we would consider the 
adoption of regulations covering such cases following completion of the 
Ex Parte No. 347 (Sub-No. 2).
    On December 31, 1996, we adopted simplified evidentiary guidelines 
to determine the reasonableness of rail rates on captive traffic where 
the Constrained Market Pricing guidelines 1 cannot be practicably 
applied. Consequently, we are now soliciting comments to assist us in 
establishing a general procedural schedule to be used in cases 
processed under the simplified rate evaluation procedures of Ex Parte 
No. 347 (Sub-No. 2). Interested parties are asked to comment on whether 
a general procedural schedule applicable to cases processed under the 
simplified guidelines can be promulgated at this time, and if so, what 
that schedule should be, or whether we should delay

[[Page 6509]]

the adoption of a general procedural schedule and proceed on a case-by-
case basis until the Board and the industry have had some experience 
utilizing the new guidelines.
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    \1\ Stand-alone costing is part of the Constrained Market 
Pricing framework.
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    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 1111

    Administrative practice and procedure, Investigations.

    Decided: February 3, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-3388 Filed 2-11-97; 8:45 am]
BILLING CODE 4915-00-P