[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Notices]
[Pages 27654-27655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13162]



[[Page 27654]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Sec. 5a Application No. 46 (Amendment No. 20)]


Southern Motor Carriers Rate Conference, Inc.

AGENCY: Surface Transportation Board.

ACTION: Request for comments.

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SUMMARY: The Board is seeking comments from interested persons on the 
application filed by the Southern Motor Carriers Rate Conference, Inc. 
(SMC), for approval of amendments to its by-laws. The proposed 
amendments are described below.

DATES: Comments are due by June 19, 1997.

ADDRESSES: Send an original and 10 copies of pleadings referring to 
Sec. 5a Application No. 46 (Amendment No. 20) to: Office of the 
Secretary, Case Control Unit, Surface Transportation Board, 1925 K 
Street, N.W., Washington, DC 20423.
    Also, send one copy to SMC's representative: John R. Bagileo, 
Bagileo, Silverberg & Goldman, #120, 1101 30th Street, N.W., 
Washington, DC 20007.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: SMC is seeking Board approval for amendments 
to its by-laws. The amendments fall into three categories: (1) SMC's 
renewed request for territorial expansion with a proposed amendment to 
Article I of its by-laws that would increase the scope of its operating 
territory from various southern states to all points within the United 
States; 1 (2) SMC's proposal to accord shippers and other 
noncarriers some form of bureau membership; and (3) SMC's proposed by-
law revisions effecting minor changes in internal operating procedures.
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    \1\  SMC filed a prior request for nationwide territorial 
expansion in Section 5a Application No. 46 (Amendment No. 19), 
Southern Motor Carriers Rate Conference, Inc. By decision entered by 
the Secretary and served on Nov. 4, 1996, the Board vacated this 
prior application at SMC's request. In the instant application, SMC 
renews its request for territorial expansion and proposes additional 
changes.
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1. Territorial Expansion

    We will rule on SMC's renewed request for territorial expansion 
when we rule on pending similar requests made by other rate bureaus in 
EC-MAC. Our decision on the requests for territorial expansion will be 
made in a single, consolidated decision in Section 5a Application No. 
118 et al., EC-MAC Motor Carriers Service Association, Inc., et al. 
(EC-MAC).2 In other words, all of the requests for 
territorial expansion, including the one proposed in the instant 
application, will be considered in the consolidated EC-MAC proceeding, 
and parties seeking to comment on SMC's request for territorial 
expansion should file their comments in that proceeding in response to 
the notice that we are simultaneously publishing therein. In the 
interest of expedition, the minor changes in internal operating 
procedures (changes not involving territorial expansion or noncarrier 
membership) proposed by SMC in the instant application will be 
considered separately, and a separate decision will be rendered on 
them.
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    \2\  Before this notice was served, EC-MAC embraced: Section 5a 
Application No. 22 (Amendment No. 7), Pacific Inland Tariff Bureau, 
Inc.; Section 5a Application No. 45 (Amendment No. 13), Niagara 
Frontier Tariff Bureau, Inc.; Section 5a Application No. 60 
(Amendment No. 10), Rocky Mountain Motor Tariff Bureau, Inc., and 
Section 5a Application No. 34 (Amendment No. 8), Middlewest Motor 
Freight Bureau, Inc. The instant application will be consolidated 
with this group for consideration of the issues of territorial 
expansion and noncarrier bureau membership. This consolidation will 
be effected via a separate, separately published notice and decision 
in EC-MAC. The separate decision in EC-MAC will also grant the 
petition of the New England Motor Rate Bureau, Inc., to reinstate 
its application in Section 5a Application No. 25 (Amendment No. 8) 
and will reconsolidate this application with the other applications 
in EC-MAC.
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    SMC opposes any consolidation of this application with the other 
applications in EC-MAC, even if the consolidation would involve only 
the issue of territorial expansion. SMC argues that the facts and legal 
grounds cited in support of its request for territorial expansion have 
no bearing on the other applications, and the evidence supporting the 
other applications has no relevance to its application. Thus, according 
to SMC, it would be prejudiced by any consolidation and is entitled to 
a stand-alone proceeding on the merits of its application.
    We disagree. All applications share common legal issues, even if 
the facts and commenting parties may differ between applications. In 
any event, consolidation would not prevent us from differentiating 
among the applications on their merits, to the extent that 
differentiation is truly required. We are willing and able to determine 
whether the record supports the territorial expansion of some bureaus 
but not others and, if necessary, to reach different results for 
different applications. Consolidation would also ensure that we decide 
all of the requests for territorial expansion at the same time, which 
will avoid the competitive disadvantage that would result if 
applications were approved at different times. Finally, consolidation 
would be administratively more efficient for the Board.

2. Bureau Membership for Shippers and Other Noncarriers

    SMC also proposes a new Article II that would create a new 
associate membership class comprised of non-motor carriers of property, 
such as shippers and logistics companies, who would pay fees and/or 
assessments fixed by the Board of Directors. Because this involves a 
more substantive change that could establish a precedent for other 
bureaus, we will consider this proposal along with the issue of 
territorial expansion in EC-MAC. Parties seeking to comment on this 
proposal should file their comments in EC-MAC in response to the notice 
that we are simultaneously publishing therein.

3. Minor Changes

    In this proceeding, we seek comments on the proposed by-law 
revisions that are not related to territorial expansion and bureau 
membership for shippers and other non-carriers, which are summarized as 
follows:
    1. Current Article I would be changed to delete the requirement 
that carrier members submit certain information about their operations 
and financial structure. SMC alleges that the requirement of this 
information was removed by the ICC Termination Act of 1995.
    2. A new paragraph VI of Article XIII would establish a specific 
procedure for reaching agreement as to divisions when interlining takes 
place.
    3. A new Article XVII would release SMC officers, agents, and 
employees from damages due to the exercise of their powers except as to 
damages due to bad faith or gross negligence.
    4. The changes would also delete a provision involved an agreement 
with the Niagara Frontier Tariff Bureau, Inc., pertaining to the filing 
of joint agency tariffs. SMC alleges that the underlying agreement is 
no longer operative.
    5. Other amendments would change ``Board of Governors'' to ``Board 
of Directors,'' change the titles of various officers, and effect other 
changes in names.
    We seek comments on whether these minor amendments proposed by SMC 
meet the criteria of 49 U.S.C. 13703(a)(2). The comments on these minor 
amendments should be filed in this docket.

[[Page 27655]]

    Copies of the applications and amendments are available for 
inspection and copying at the Office of the Secretary, Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423, and 
from applicant's counsel.

    Decided: May 7, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-13162 Filed 5-19-97; 8:45 am]
BILLING CODE 4915-00-P