[Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
[Rules and Regulations]
[Pages 5194-5195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2558]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1312

[STB Ex Parte No. 580]


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: Final rules.

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SUMMARY: The Surface Transportation Board (Board) revises its tariff 
filing regulations to eliminate the option of filing tariffs with the 
Board electronically through the Federal Maritime Commission's (FMC) 
Automated Tariff Filing and Information System (ATFI), which is being 
phased out effective May 1, 1999. The Board will, however, entertain 
special tariff authority requests by individual carriers seeking to 
file their tariffs in alternative electronic formats.

EFFECTIVE DATE: These rules are effective May 1, 1999.

FOR FURTHER INFORMATION CONTACT: James W. Greene (202) 565-1578. [TDD 
for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: In a notice of proposed rulemaking (NPR) 
served on December 2, 1998, and published at 63 FR 66521, the Board 
proposed to revise its tariff filing regulations to eliminate the 
option to file tariffs with the Board electronically through the FMC's 
ATFI system. The action was proposed because the Ocean Shipping Reform 
Act of 1998, Pub. L. No. 105-258, 112 Stat. 1902 (1998) (OSRA) will 
eliminate the requirement that ocean carriers file their tariffs with 
the FMC effective May 1, 1999, and, in these circumstances, the FMC 
will not be accepting new ATFI tariff filings on or after that date. As 
explained in the NPR, the use of ATFI to file tariffs with the Board 
has always been predicated upon the basic system being operated and 
maintained by the FMC to support its own tariff filing requirements, 
and, with FMC's discontinuance of the system, it will no longer be 
available for carriers to use to file their tariffs with the Board.
    Comments in response to the NPR were received from South Seas 
Steamship Line (South Seas) and Tropical Shipping & Construction Co. 
Ltd. (Tropical).\1\ Both commenters note that, while OSRA eliminates 
FMC's tariff filing requirements, it continues to mandate that carriers 
publish their tariffs in private, automated systems which must comport 
with requirements to be established by the FMC. They suggest that the 
Board delay taking any action to revise its regulations until the FMC 
adopts final rules for the automated systems, in order to facilitate as 
much commonality as possible between the respective agencies' 
requirements. South Seas acknowledges that the ``publication of 
tariffs'' is not equivalent to the ``filing of tariffs with a 
government agency'' but it suggest that the publication requirements to 
be adopted by the FMC might assist the Board in connection with 
amending its rules.
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    \1\ South Seas currently files its tariffs with the Board 
electronically through ATFI, and Tropical currently files printed 
tariffs with the Board.
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    Upon consideration of the comments, we have determined to finalize 
the regulations as proposed. The revisions do not establish 
requirements for future electronic tariff filings; rather, they merely 
eliminate the option to use ATFI, and there is no disagreement that 
ATFI will cease to be available for new filings effective May 1, 1999. 
As we stated in the NPR, we encourage electronic tariff filing and we 
will be receptive to alternative electronic tariff filing proposals 
from interested carriers. Further, we share the commenters' concerns 
that tariff filing and publishing burdens be minimized, and we will 
relax those burdens to the extent possible. However, termination of the 
ATFI system for noncontiguous domestic trade filings, which is all that 
our proposal contemplates, will have no effect on our ability to meet 
our objectives.
    For several reasons, we do not believe that we should postpone any 
new rules we issue pending adoption of final rules by the FMC. First, 
there could be some differences in future FMC and Board

[[Page 5195]]

tariff requirements. Indeed, the statutory requirement to file 
noncontiguous domestic trade tariffs with the Board will continue, 
whereas the requirement to file foreign tariffs with the FMC will be 
eliminated, and, in fact, FMC's new regulations will no longer even 
address tariff filing. Second, unlike FMC's existing regulations, which 
require all carriers to file tariffs through ATFI, FMC's proposed 
regulations will permit carriers to design and use whatever private 
tariff publishing systems they choose, so long as minimum requirements 
are met, and it is unclear at this point how much commonality may exist 
among the various individual carrier systems. Thus, while we understand 
the commenters' point about facilitating commonality, we also believe 
that we should provide carriers with the flexibility to design the 
tariff filing systems that will best meet their needs, and the needs of 
their customers, by inviting special tariff authority requests for 
appropriate proposals individual carriers wish to pursue. It may become 
desirable to adopt specific regulations governing electronic tariff 
filings at some point in the future, but adoption of formal regulations 
at this point could prove to be more limiting than helpful. Finally, as 
we indicated in our earlier notice, we are not planning to adopt rules, 
but rather to address electronic tariff requests on a case-by-case 
basis. Thus, any procedure allowed under the FMC's rules can, if 
appropriate, be approved for use in the noncontiguous domestic trade 
through a grant of special tariff authority.

II Entities

    The Board certifies that these rules will not have a significant 
economic effect on a substantial number of small entities. The rules 
eliminate the option to file tariffs electronically through the FMC's 
ATFI system, but many carriers already opt to file printed tariffs, and 
any cost differences for alternative tariff filing methodologies that 
carriers may propose are unlikely to be significant.

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: January 26, 1999.

    By the Board, Chairman Morgan and Vice Chairman Clyburn.
Vernon A. Williams,
Secretary.
    For the reasons set forth in the preamble, the Board amends part 
1312 of title 49, chapter X, of the Code of Federal Regulations as 
follows:

PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER 
CARRIER IN NONCONTIGUOUS DOMESTIC TRADE

    1. The authority citation for part 1312 continues to read as 
follows:

    Authority: 49 U.S.C. 721(a), 13702(a), 13702(b) and 13702(d).

    2. In Sec. 1312.1(c), the definition of ``ATFI'' is removed.
    3. Section 1312.6 is amended by revising paragraph (c) to read as 
follows:


Sec. 1312.6  Advance notice required.

* * * * *
    (c) Receipt of tariffs by the Board. The Board will receive tariff 
filings between the hours of 8:30 A.M. and 5:00 P.M. Eastern Time on 
workdays. Tariff filings delivered to the Board on other than a 
workday, or after 5:00 P.M. on a workday, will be considered as 
received the next workday.
* * * * *


Sec. 1312.17  [Removed]

    4. Section 1312.17 is removed.

[FR Doc. 99-2558 Filed 2-2-99; 8:45 am]
BILLING CODE 4915-00-P