[Federal Register Volume 68, Number 200 (Thursday, October 16, 2003)]
[Notices]
[Page 59680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26132]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Section 5a Application No. 45 (Amendment No. 17)]


Niagara Frontier Tariff Bureau, Inc.--Agreement

    By application filed on July 25, 2003, the Niagara Frontier Tariff 
Bureau, Inc. (NFTB) seeks approval of two categories of changes to its 
collective ratemaking agreement: (1) amendments that appear to be 
minor;\1\ and (2) amendments that are designed to conform to the 
Board's decisions in EC-MAC Motor Carrier Service Association, Inc., et 
al., Section 5a Application No. 118 (Sub-No. 2), et al. (EC-MAC).\2\
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    \1\ By application filed on December 14, 1998, in Niagara 
Frontier Tariff Bureau, Inc., Section 5a Application No. 45 (Sub-No. 
16), NFTB applied for renewal of its agreement without change. The 
minor amendments proposed in the instant proceeding apply to NFTB's 
renewed agreement.
    \2\ There, the Board has been considering renewal of the 
collective ratemaking agreements of NFTB and other bureaus. In 
decisions served on March 27, 2003, and November 20, 2001, the Board 
renewed its approval of the bureau agreements, subject to three 
conditions. First, the bureaus were directed to propose amendment of 
their agreements to require bureau members to give the truth-in-
rates notice described in those decisions when they list rates or 
otherwise give a rate quote that references a collectively set rate. 
Second, the bureaus were directed to submit the range-of-discount 
information specified in the decisions. Third, bureau agreements 
must require members to certify that they will not apply a loss-of-
discount provision that would reinstate the collectively set rate as 
a penalty for late payment. NFTB's proposed amendments implement 
these conditions.
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    The minor amendments proposed by NFTB include: (1) A change in the 
name of the organization to North American Transportation Council, 
Inc., with an office located in Ontario, Canada; (2) a non-substantive 
rewording of the services to be provided by the organization; (3) 
changes to reflect statutory revisions; (4) a reduction in the quorum 
required to take action; (5) rates and rules no longer to be discussed 
at special meetings or annual meetings; (6) membership class of 
``participating'' carriers eliminated (all carriers to be members); (7) 
new membership class of associate membership for noncarrier entities 
established; (8) changes in titles of officers; (9) ``Rate and Tariff 
Agreement'' provisions to be eliminated as no longer required; (10) 
changes in ``Rate Procedure'' provisions so as to eliminate time 
requirements and other provisions that no longer apply, to reduce 
notice requirements for meetings, to combine committees, and to 
eliminate certain provisions governing independent rate action; and 
(11) changes to eliminate agreements with two other bureaus, the 
Southern Motor Carriers Rate Conference, Inc., and the Rocky Mountain 
Motor Tariff Bureau, Inc.
    The Board tentatively concludes that the amendments are minor and 
are consistent with the statutory requirements of 49 U.S.C. 13703. 
Accordingly, these minor amendments will be approved if no adverse 
comments are timely filed. Because the issues involving the amendments 
required by the Board in the EC-MAC proceeding have been fully 
addressed in that proceeding, the Board is not seeking comments on them 
here.
    By this notice, the Board is giving the public an opportunity to 
comment on the minor changes proposed by NFTB. An original and 10 
copies of any comments, referring to STB Section 5a Application No. 45 
(Amendment No. 17), must be sent to: Surface Transportation Board, 1925 
K Street, NW., Washington, DC 20423-0001. In addition, one copy of any 
comments filed with the Board must also be served on applicant's 
representative: David J. Sirgey, North American Transportation Council, 
Inc., P.O. Box 548, Buffalo, NY 14225-0548.
    NFTB must provide a copy of its application on request to members 
of the public. A copy of the application, as well as Board decisions 
and notices, also is available on the Board's Web site at http://www.stb.dot.gov.
    Comments must be filed with the Surface Transportation Board by 
November 17, 2003. NFTB's reply to any comments is due by December 1, 
2003.
    For more information, contact Joseph H. Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS): 1-800-877-8339.]

    Decided: October 9, 2003.

    By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.
[FR Doc. 03-26132 Filed 10-15-03; 8:45 am]
BILLING CODE 4915-00-P