Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 66229 

1 75 FR 5553 (Feb. 3, 2010). 

1These status reports can both be accessed on the 

Board’s website at https://www.stb.gov/stb/about/ 

RRTF.html. 

2Many water carriers use third-party service 

providers to manage and maintain their tariffs on 

the internet. 

3Noncontiguous domestic trade means 

‘‘transportation subject to jurisdiction under 

chapter 135 involving traffic originating in or 

destined to Alaska, Hawaii, or a territory or 

possession of the United States.’’ 49 U.S.C. 

13102(17). 

requirements for fluids for use in 

hydraulic brake systems of motor 

vehicle, containers for these fluids, and 

labeling of the containers. The purpose 

of this standard is to reduce failures, 

which may occur because of the 

manufacture or use of improper or 

contaminated fluid, in the hydraulic 

braking systems of motor vehicles. This 

standard applies to all fluid for use in 

hydraulic brake systems of motor 

vehicles. 

The NPRM 

On February 3, 2010, NHTSA 

published a Notice of Proposed 

Rulemaking (NPRM) proposing to 

amend FMVSS No. 116 to include tests 

to measure the impact of brake fluid on 

ethylene, propylene, and diene 

terpolymer (EPDM) rubber, update 

references to industry standards, and 

correct minor errors in the standard.1

The supporting rationale for the 

proposed EPDM testing amendment was 

that the motor vehicle industry had 

shifted over the last two decades from 

using styrene-butadiene rubber (SBR), 

which is currently covered by FMVSS 

No. 116, to EPDM rubber. The proposed 

rule informed the public about the 

agency’s proposal to amend the 

standard by: (1) Adding the testing of a 

terpolymer of ethylene, propylene, and 

diene (EPDM) rubber to the corrosion 

test and the temperature sensitivity test; 

(2) updating the Society of Automotive 

Engineers International (SAE) and 

American Society for Testing and 

Materials (ASTM) references; and (3) 

correcting minor errors. 

Comments Received 

NHTSA received comments on the 

2010 NPRM from three manufacturers of 

brake fluid/components, an 

international standards organization, 

and an individual. Two of the 

manufacturers mentioned that the 

Compatibility Fluid, RM–66–05, was no 

longer available, and had been replaced 

by RM–66–06 or ISO 4926 fluid. All 

three manufacturers suggested changes 

to a performance test that was 

unmentioned in the agency’s proposal. 

The international standards 

organization suggested changes that 

reflected more recent SAE standards. 

The individual opposed the 

incorporation of industry standards into 

Federal regulations and suggested 

additional performance tests. 

Reason for Withdrawal 

Although the agency proposal in 2010 

provided amendments to add EPDM 

rubber to the standard and update the 

references to industry standards, further 

research and studies are necessary to 

develop a proposed upgrade to FMVSS 

No. 116 that would effectively provide 

minimum performance requirements for 

the type of EPDM rubber currently 

available. The rubber formulations 

included in recent updates to industry 

standards have changed, and the blends 

referenced in the NPRM include 

ingredients that are no longer available. 

In addition to changes to the SBR and 

EPDM rubber formulations, the agency 

determined other corrections are 

necessary that were not included in the 

NPRM. One such correction brought up 

by commenters is the reference to the 

Compatibility Fluid, RM–66–05, which 

had been replaced by the RM–66–06 

fluid. Another correction needed is the 

hardness test procedure for the EPDM 

rubber, which had been inadvertently 

omitted from the proposed performance 

tests in the NPRM. Finally, NHTSA 

notes SAE International and the ASTM 

have updated several of the industry 

standards and tests referenced in the 

NPRM since the publication of the 

notice in 2010. 

Since publication of the NPRM and 

after review of the comments, the 

agency has determined that updates and 

corrections outside the scope of the 

notice are necessary in order to publish 

a final rule, and additional research and 

data analyses are needed. Accordingly, 

NHTSA has determined that the 

proposed updates in the 2010 NPRM to 

FMVSS No. 116 should not be adopted 

at this time and is withdrawing the 

NPRM. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Heidi Renate King, 

Deputy Administrator. 

[FR Doc. 2018–27796 Filed 12–21–18; 8:45 am] 

BILLING CODE 4910–59–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Parts 1002 and 1312 

[Docket No. EP 743] 

Water Carrier Tariff Filing Procedures 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (STB or Board) proposes a new 

procedure for water carriers operating in 

the noncontiguous domestic trade to 

electronically publish, file, and keep 

tariffs available for public inspection. 

As explained in this notice of proposed 

rulemaking (NPRM), the Board proposes 

to update its water carrier tariff filing 

regulations to reflect current business 

practices. 

DATES: Comments are due by January 

25, 2019. Reply comments are due by 

February 25, 2019. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in paper format. Any person 

using e-filing should attach a document 

and otherwise comply with the 

instructions found on the Board’s 

website at www.stb.gov at the E–FILING 

link. Any person submitting a filing in 

paper format should send an original 

and 10 paper copies of the filing to: 

Surface Transportation Board, Attn: 

Docket No. EP 743, 395 E Street SW, 

Washington, DC 20423–0001. Written 

comments and replies will be posted on 

the Board’s website and can also be 

obtained by contacting the Office of 

Public Assistance, Governmental 

Affairs, and Compliance (OPAGAC) at 

RCPA@stb.gov or (202) 245–0238. 

FOR FURTHER INFORMATION CONTACT: 

Michael Higgins at 202–245–0284. 

Assistance for the hearing impaired is 

available through Federal Information 

Relay Service (FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: In April 

2017, the Board established its 

Regulatory Reform Task Force (RRTF), 

with the primary objective of identifying 

Board rules and practices that are 

burdensome, unnecessary, or outdated 

and to recommend how they should be 

addressed. See Regulatory Reform Task 

Force, EP 738 (STB served June 20, 

2017). The RRTF identified the current 

water carrier tariff regulations at 49 CFR 

part 1312 as imposing significant costs 

on the carriers as well as the Board. See 

RRTF 90-Day Status Report (issued May 

25, 2017); RRTF Status Report (issued 

Nov. 21, 2017).1 Accordingly, the 

proposed rules would update the 

Board’s regulations to allow water 

carriers 2 to electronically publish, file, 

and keep tariffs available for public 

inspection. The Board anticipates that 

the new procedures would significantly 

reduce costs and burdens that water 

carriers incur in complying with tariffrelated statutory requirements. 

Background. Water carriers operating 

in the noncontiguous domestic trade 3


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4Section 13702(a)(1) includes an exception from 

the tariff filing requirement for bulk cargo, forest 

products, recycled metal scrap, waste paper, and 

paper waste. 5Water carriers, however, are permitted to enter 

into private contracts with shippers to provide 

transportation services subject to privatelynegotiated rates and terms. 49 U.S.C. 14101(b). In 

these contracts, water carriers and shippers may 

mutually agree to waive rights and remedies that 

would otherwise be available. Id. 6See Regulations for the Publ’n, Posting & Filing 

of Tariffs for the Transp. of Prop. by or with a Water 

Carrier in the Noncontiguous Domestic Trade (1997 

Regulations for Publ’n), 2 S.T.B. 188, recon. granted 

in part, 2 S.T.B. 301 (1997). 

7At the time, DXI represented several water 

carriers operating in the noncontiguous domestic 

trade. 

8The Board’s last water carrier case was decided 

in October 2010, West Point Relocation, Inc. & Eli 

Cohen–Petition for Declaratory Order, FD 35290 

(STB served Oct. 29, 2010), and the last rate case 

involving a water carrier was dismissed at the 

request of the complainant in October 2007, 

Government of the Territory of Guam v. Sea-Land 

Service, Inc., WCC 101, (STB served Oct. 12, 2007). 

9 If the water carrier’s internet address changes 

during the 12-month period following the filing of 

its annual certification, the water carrier should 

provide the Board an updated certification with an 

active link as soon as possible. 

10The Board proposes an expansion of fee item 

78 at 49 CFR 1002.2(f), to reflect the filing fee 

associated with the annual certification. 

11 In a separate rulemaking, the Board is 

proposing to update its regulations to, among other 

things, add an electronic payment option at 49 CFR 

1002.2(a). See Payment, Filing, and Service 

Procedures, EP 747 (STB served Aug. 24, 2018). As 

described further in that rulemaking, the Board 

would implement electronic payment through 

Pay.gov, which would accept bank accounts, credit 

cards, debit cards with a MasterCard or Visa logo, 

and digital wallet for the payment of fees. 

are subject to the jurisdiction of the 

Board under 49 U.S.C. 13521. For their 

common carrier services, water carriers 

are required to publish, file, and keep 

available for public inspection tariffs 

setting forth their rates, charges, rules, 

and classifications. 49 U.S.C. 13702(a)– 

(b).4 Water carriers are required to 

charge and receive compensation for 

their services in accordance with the 

rates set forth in their tariffs and are 

prohibited from rebating or granting 

special privileges or accommodations to 

shippers that affect the value of the 

transportation or service provided. 49 

U.S.C. 13702(a).5 Under 49 U.S.C. 

13702(b), the Board is required to 

prescribe the form and manner of 

publishing, filing, and keeping tariffs 

available for public inspection. 

The current regulations for filing 

water carrier tariffs, which are set forth 

in Part 1312 and were last substantively 

updated in April 1997,6 contemplate the 

filing of tariffs with the Board in paper 

format and require the rates, rules, and 

practices for any transportation or 

service provided by the carrier to be 

contained in a published tariff that is on 

file with the Board. 49 CFR 1312.2; 

1312.4(b). Between 1996 and 1999, the 

Board granted Special Tariff Authority 

to water carriers that allowed them to 

file tariffs electronically through the 

Automated Tariff Filing and Information 

(ATFI) system, a web-based portal 

hosted and maintained by the Federal 

Maritime Commission (FMC). See 

Electronic Filing of Noncontiguous 

Domestic Trade Tariffs, 1 S.T.B. 635 

(1996). The FMC developed the ATFI 

system to allow ocean carriers operating 

in the U.S. foreign trade subject to its 

jurisdiction to file tariffs electronically. 

The FMC shared the ATFI system with 

the STB, thereby facilitating electronic 

tariff filing for water carriers subject to 

the Board’s jurisdiction. 1997 

Regulations for Publ’n, 2 S.T.B. at 191. 

After the Ocean Shipping Reform Act 

of 1998, Public Law 105–258, 112 Stat. 

1902 (1998), which eliminated tariff 

filing for ocean carriers operating in the 

U.S. foreign trade, the FMC terminated 

the ATFI system, and the Board 

declined to assume control over it or 

develop a new electronic system. 

However, the Board permitted 

individual water carriers to continue to 

apply for Special Tariff Authority, 

under 49 CFR 1312.2(e), to file their 

tariffs in alternative electronic formats. 

See Regulations for the Publ’n, Posting 

& Filing of Tariffs for Transp. of Prop. 

by or with a Water Carrier in 

Noncontiguous Domestic Trade (1999 

Regulations for Publ’n), 4 S.T.B. 1 

(1999). Special Tariff Authority 

applications are handled by the Board’s 

Office of Public Assistance, 

Governmental Affairs, and Compliance 

(OPAGAC). See 49 CFR 1011.7(b)(3). 

Special Tariff Authority applications 

have been addressed on a case-by-case 

basis. For example, in April 1999, the 

Board granted the application of D.X.I. 

Incorporated (DXI), a third-party tariff 

publisher, to file tariffs 

electronically.7 Electronic Filing of 

Noncontiguous Domestic Trade Tariffs 

(Electronic Filing Decision), 4 S.T.B. 43 

(1999). In that decision, the Board 

allowed DXI to maintain tariffs in an 

online system that Board staff and the 

public would be able to access via ‘‘dial 

up’’ to DXI’s system from the Board’s 

offices. DXI was required to submit an 

electronic transmittal letter of all tariff 

changes made on a given day as well as 

a machine-readable copy of tariff 

changes. While some subsequent 

Special Tariff Authority applications 

have been similar to the one in the 

Electronic Filing Decision, other 

applications have contemplated that 

water carriers would convert their paper 

tariffs into PDF documents and file PDF 

updates with the Board via email or 

compact disk. See, e.g., Filing of Printed 

Noncontiguous Domestic Trade Tariffs 

by Email, STA 8 (STB served Dec. 4, 

2000.) 

Although few formal cases relating to 

water carrier rates and services have 

been filed with the agency,8 the Board 

believes it is important to ensure that its 

water carrier tariff rules are updated to 

reflect current business practices and 

reduce unnecessary burdens. 

Proposed Rules. The RRTF has 

reviewed the water carrier tariff 

regulations, including grants of Special 

Tariff Authority and filing requirements, 

and has recommended that the Board 

update these regulations to allow for 

more convenient electronic filing 

procedures. The Board finds that it is 

appropriate to modify the regulations at 

49 CFR part 1312. Specifically, the 

Board proposes to allow water carriers 

to publish, file, and keep their tariffs 

electronically, but would also continue 

to allow water carriers the option of 

filing their tariffs in paper format. 

Under the proposal, water carriers 

would be permitted to comply with the 

filing requirement in 49 U.S.C. 13702 

by: (1) Maintaining a publicly available 

version of its current and historical 

tariffs on the internet, and (2) 

electronically filing (e-filing) with the 

Board an annual certification made by a 

duly authorized corporate officer of the 

carrier that (a) contains an active link 9

to the internet location and access 

information for its tariffs and (b) affirms 

the water carrier’s continuing 

compliance with the relevant sections of 

Part 1312. The proposed rule provides 

sample language to be used in the 

certification. To utilize e-filing, a filer 

would first pay the required fee 10 via 

electronic payment through Pay.gov.11

Once the payment has been submitted, 

a confirmation email from Pay.gov 

would be sent containing a unique 

transaction number. The filer would 

then go to the Board’s e-filing website 

and, through a registered account, 

submit the transaction number received 

from Pay.gov and attach the annual 

certification. See Payment, Filing, and 

Service Procedures, EP 747, slip op. at 

5–6. OPAGAC would acknowledge 

receipt of each carrier’s annual 

certification in writing. 

The Board would create a specific 

page on its website for water carriers 

that electronically file their tariffs. The 

page would provide links to the location 

of a water carrier’s current tariff, links 

to the most recent annual certification, 

and links to prior certifications. Access 

to water carrier tariffs filed in paper 

format would continue to be available to 

the public via requests to OPAGAC. 


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12The Small Business Administration’s Office of 

Size Standards has established a size standard for 

water transportation, pursuant to which deep sea 

freight transportation is considered small if its 

number of employees is 500 or less, and coastal and 

Great Lakes freight transportation is considered 

small if its number of employees is 750 or less. 13 

CFR 121.201 (industry subsector 483). 

By adding an e-filing option to the 

regulations, the Board believes it is 

appropriate to eliminate the option for 

obtaining tariff filing relief under the 

existing Special Tariff Authority 

applications process. See 49 CFR 

1312.2(e). Accordingly, this proposal 

would also eliminate prior grants of 

Special Tariff Authority, meaning that 

all water carriers must either file their 

tariffs in paper format or electronically 

under the proposal outlined here. 

Currently under grants of Special Tariff 

Authority, some water carriers send 

notifications to the Board by email each 

time a tariff changes, which for many 

carriers is a daily occurrence. 

Discontinuing this practice, as well as 

the use of compact discs and floppy 

disks, as a means to submit and keep 

tariffs is anticipated to reduce the 

overall costs and burdens incurred by 

water carriers in complying with tariffrelated statutory requirements. 

Under the new framework, Board staff 

would be able to access and review 

water carrier tariffs for purposes of 

maintaining regulatory oversight. In 

addition, stakeholders would have 

access to current and historical tariffs 

without requesting them from the 

Board. Tariffs kept on the internet 

would need to comply with the content 

requirements of 49 CFR 1312.3, in 

addition to the new requirement that 

water carriers provide the date on which 

tariffs first appear on the internet and 

the date on which they are expected to 

become effective. The proposed rule 

would not prescribe the specific 

information technology resources 

(programming, applications or software, 

etc.) that carriers must use to house this 

information. As proposed, whatever 

information technology platform that a 

water carrier chooses would need to 

allow the Board and the public to 

retrieve historical versions of the tariff, 

including all rates and applicable rules, 

for a period of not less than five years. 

The requirement for electronically 

archiving five years of existing historical 

data would begin when a carrier first 

electronically files its tariffs. 

The Board expects that water carrier 

tariffs would be available to the Board 

and the public 24 hours a day, seven 

days a week, year-round. If a water 

carrier anticipates an outage for routine 

electronic maintenance, it would be 

required to provide the Board with at 

least two days’ advance notice of the 

start and duration of the outage. If a 

tariff were to become unavailable for 

reasons beyond the carrier’s control 

(such as a software malfunction), the 

carrier would be required to notify the 

Board promptly via email at tariffs@

stb.gov. In the event of any outage, 

carriers would be required to make 

alternative arrangements with the 

agency to ensure that the Board and 

public have access to the tariffs in effect 

during the outage. In turn, the Board 

would provide that information on its 

website so that the public would be 

made aware of the particular outage as 

soon as reasonably possible. 

The proposed rule would allow water 

carriers to establish registration 

requirements on their own portal for 

tariff access over the internet. However, 

any registration process would be 

required to allow access to the tariff free 

of charge by anyone who requests it. For 

example, registration features that 

require a showing of ‘‘need’’ or 

‘‘relevance,’’ or proof that a person or 

entity is a customer or potential 

customer as a prerequisite to accessing 

tariff information would be prohibited. 

Registration requirements would be 

permitted to require basic information, 

such as a person’s name and email 

address. See Publ’n Requirements for 

Ag. Products, EP 528 et al., slip op. at 

6 (STB served June 30, 2017). 

Regulatory Flexibility Act. The 

Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, generally 

requires a description and analysis of 

new rules that would have a significant 

economic impact on a substantial 

number of small entities. In drafting a 

rule, an agency is required to: (1) Assess 

the effect that its regulation will have on 

small entities, (2) analyze effective 

alternatives that may minimize a 

regulation’s impact, and (3) make the 

analysis available for public comment. 

Sections 601–604. In its notice of 

proposed rulemaking, the agency must 

either include an initial regulatory 

flexibility analysis, section 603(a), or 

certify that the proposed rule would not 

have a ‘‘significant impact on a 

substantial number of small entities,’’ 

section 605(b). The impact must be a 

direct impact on small entities ‘‘whose 

conduct is circumscribed or mandated’’ 

by the proposed rule. White Eagle Coop. 

v. Conner, 553 F.3d 467, 480 (7th Cir. 

2009). 

The proposed rules would not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the RFA.12 The 

proposed regulations provide for new 

procedures for water carriers operating 

in the noncontiguous domestic trade to 

electronically publish, file, and keep 

tariffs available for public inspection. 

When a carrier chooses to utilize these 

e-filing procedures, the requirements 

contained in these proposed regulations 

would not have a significant impact on 

participants, including small entities. 

They are intended as an option to 

eliminate the burdens associated with 

the current tariff filing requirements. 

Therefore, the Board certifies under 5 

U.S.C. 605(b) that this rule would not 

have a significant economic impact on 

a substantial number of small entities as 

defined by the RFA. A copy of this 

decision will be served upon the Chief 

Counsel for Advocacy, Office of 

Advocacy, U.S. Small Business 

Administration, Washington, DC 20416. 

Paperwork Reduction Act. Pursuant to 

the Paperwork Reduction Act (PRA), 44 

U.S.C. 3501–3521, Office of 

Management and Budget (OMB) 

regulations at 5 CFR 1320.8(d)(3), and 

the Appendix, the Board seeks 

comments about the revisions in the 

proposed rules to the currently 

approved collection of Water Carrier 

Tariffs (OMB Control No. 2140–0026) 

regarding: (1) Whether the collection of 

information, as modified in the 

proposed rule below, is necessary for 

the proper performance of the functions 

of the Board, including whether the 

collection has practical utility; (2) the 

accuracy of the Board’s burden 

estimates; (3) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (4) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology, when 

appropriate. 

Because water carriers may make 

annual certifications and post their 

tariffs on their websites, rather than 

submitting each tariff directly to the 

Board, the Board estimates the proposed 

rules would reduce the total annual 

hourly burden by 583.75 hours under 

the PRA. The Board welcomes comment 

on the estimates of actual time and costs 

of compliance with the proposed rules, 

as detailed below and in the Appendix. 

Information pertinent to these issues is 

included in the Appendix. The 

proposed rules will be submitted to 

OMB for review as required under 44 

U.S.C. 3507(d) and 5 CFR 1320.11(b). 

Comments received by the Board 

regarding the information collection 

will also be forwarded to OMB for its 

review when the final rule is published. 

It is ordered: 

1. Comments are due by January 25, 

2019. Reply comments are due by 

February 25, 2019. 


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2. Notice of this decision will be 

published in the Federal Register. 

3. A copy of this decision will be 

served upon the Chief Counsel for 

Advocacy, Office of Advocacy, U.S. 

Small Business Administration. 

4. This decision is effective on its 

service date. 

Decided: December 18, 2018. 

By the Board, Board Members 

Begeman and Miller. 

BOARD MEMBER MILLER, 

commenting: 

I write separately to remind parties 

that have an interest in this proceeding 

that the Board adopted new regulations 

in Ex Parte Communications in Informal 

Rulemaking Proceedings, EP 739 (STB 

served Feb. 28, 2018) that removed the 

prohibition on ex parte communications 

in informal rulemakings, such as the 

one here. Under these newly adopted 

regulations, 49 CFR 1102.2(g), parties 

may schedule ex parte meetings with 

Board Members by February 4, 2019. As 

the regulations specify, parties wishing 

to schedule ex parte meetings should 

contact the Board’s Office of Public 

Assistance, Governmental Affairs, and 

Compliance (202–245–0238) or the 

Board Member’s office with whom the 

meeting is requested. Parties are not, 

however, required to schedule such 

meetings if they instead wish to 

participate solely by filing written 

comments. 

List of Subjects 

49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, Freedom 

of information. 

49 CFR Part 1312 

Freight forwarders, Maritime carriers, 

Motor carriers, Pipelines, Railroads, 

Reporting and recordkeeping 

requirements. 

Brendetta Jones, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, the Surface Transportation 

Board proposes to amend parts 1002 

and 1312 of title 49, chapter X, of the 

Code of Federal Regulations as follows: 

PART 1002—FEES 

■ 1. The authority citation for part 1002 

is revised to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), 

and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321. 

Section 1002.1(f)(11) is also issued under 5 

U.S.C. 5514 and 31 U.S.C. 3717. 

■ 2. Amend § 1002.2 by, re-designating 

the introductory text of paragraph (f)(78) 

as paragraph (f)(78)(i) and adding 

paragraph (f)(78)(ii) to read as follows: 

§ 1002.2 Filing fees. 

* * * * * 

(f) * * * 

Type of proceeding Fee 

*******

PART VI: Informal Proceedings: 

*******

(78) (i) The filing of tariffs, including supplements, or contract summaries .......................................... $1 per page. ($29 min charge.) 

(ii) The filing of water carrier electronic annual certifications ......................................................... $29. 

* * * * * * * 

* * * * * 

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 

■ 3. The authority citation for part 1312 

continues to read as follows: 

Authority: 49 U.S.C. 1321(a), 13702(a), 

13702(b) and 13702(d). 

■ 4. The heading of part 1312 is revised 

to read as set forth above. 

■ 5. Amend § 1312.1(c) by revising the 

definition of publication to read as 

follows: 

§ 1312.1 Scope; definitions. 

* * * * * 

(c) * * * 

Publication means a bound tariff, a 

tariff supplement, a looseleaf tariff page, 

or an electronically published tariff. 

* * * * * 

■ 6. Amend § 1312.2 by revising 

paragraph (b), removing paragraph (e) 

and re-designating paragraph (f) as 

paragraph (e) to read as follows: 

§ 1312.2 Requirement to publish and file a 

tariff. 

* * * * * 

(b) Adherence to tariff. The carrier 

may not charge or receive a different 

compensation for the transportation or 

service than the rate specified in the 

tariff, whether by returning a part of that 

rate to a person, giving a person a 

privilege, allowing the use of a facility 

that affects the value of that 

transportation or service, or another 

device. 

* * * * * 

■ 7. Amend § 1312.3 by revising 

paragraph(a) to read as follows: 

§ 1312.3 Tariff contents and standards; 

Essential criteria. 

(a) Contents. Tariffs filed with the 

Board, including tariffs published, filed, 

and kept electronically in accordance 

with § 1312.4(c) of this part, must be 

filed in English; must include an 

accurate description of the services 

offered to the public; must provide the 

specific applicable rates explicitly 

stated in U.S. dollars and cents (or the 

basis for calculating the specific 

applicable rates) and service terms; and 

must be arranged in a way that allows 

for the determination of the exact rate(s) 

and service terms applicable to any 

given shipment (or to any given group 

of shipments). Tariffs that are 

electronically kept on the internet must 

also provide the date on which a new 

tariff or any change in a tariff matter 

first appears on the internet and the date 

on which it becomes effective. 

* * * * * 

■ 8. Amend § 1312.4 by revising 

paragraphs (a) and (b) to read as follows: 

§ 1312.4 Filing of tariffs. 

(a) Paper filing requirements. (1) Two 

copies of each tariff publication shall be 

filed with the Board. Packages 

containing tariff filings should be 

prominently marked ‘‘TARIFF FILING’’ 

and addressed to: Office of Public 

Assistance, Governmental Affairs and 

Compliance, Surface Transportation 

Board, Washington, DC 20423–0001. 


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Tariffs shall be printed on paper not 

larger than 81⁄2 x 11 inches. 

(2) A paper tariff filing must be 

accompanied by an authorized 

document of transmittal identifying 

each publication filed, and by the 

appropriate filing fee (see 49 CFR part 

1002). Acknowledgement of Board 

receipt of a paper tariff filing can be 

obtained by enclosing a duplicate 

transmittal letter and a postage-paid, 

self-addressed return envelope. Each 

transmittal letter shall clearly indicate 

in the upper left-hand corner thereof: 

(i) The assigned alpha code of the 

issuing carrier or agent; 

(ii) The number of pages transmitted; 

(iii) The filing fee enclosed (pursuant 

to 49 CFR 1002.2(a)); and 

(iv) The transmittal number if the filer 

utilizes transmittal numbers. 

(b) Electronic filing requirements. As 

an alternative to the paper tariff filing 

procedures set forth in paragraph (a) of 

this section, a water carrier may file its 

tariff(s) electronically in accordance 

with the procedures and requirements 

of this section. Tariffs published, filed, 

and kept electronically in accordance 

with the requirements of this section 

shall be deemed to be on file with the 

Board for purposes of 49 U.S.C. 

13702(b). 

(1) Annual certification. A water 

carrier that seeks to file its tariff 

electronically must electronically file an 

annual certification with the Board, 

made by the water carrier’s duly 

authorized corporate officer. The annual 

certification must be submitted to the 

Board on the first business day in 

February each year. The Director of the 

Office of Public Assistance, 

Governmental Affairs, and Compliance 

or a designee will acknowledge receipt 

of each carrier’s certification in writing. 

The annual certification shall include 

the following: 

(i) Certification that it is a water 

carrier operating in the noncontiguous 

domestic trade subject to the Board’s 

jurisdiction; 

(ii) Certification that it is in 

compliance with the regulations of this 

section for purposes of publishing, 

filing, and keeping its tariff 

electronically; 

(iii) Certification that it is in 

compliance with all other regulations at 

part 1312, except those specifically 

applicable to tariffs maintained in paper 

format; 

(iv) An active link to the internet 

address of tariffs; 

(v) The assigned alpha code of the 

issuing carrier or agent; and 

(vi) The filing fee (pursuant to 49 CFR 

1002.2(a)). 

(vii) The annual certification must be 

submitted to the Board on the first 

business day in February each year. The 

Director of the Office of Public 

Assistance, Governmental Affairs, and 

Compliance or a designee will 

acknowledge receipt of each carrier’s 

certification in writing. 

(2) Sample text for the annual 

certification. 

[Name of Director, Office of Public 

Assistance, Governmental Affairs, and 

Compliance], Office of Public Assistance, 

Governmental Affairs and Compliance, 

Surface Transportation Board, Washington, 

DC. 

Dear Director: I, [name of signor], certify that 

I am [title of office] of [name of water carrier], 

a water carrier operating in the 

noncontiguous domestic trade subject to STB 

jurisdiction, that [Name of water carrier] is in 

compliance with the regulations at part 1312 

for purposes of publishing, filing, and 

keeping its tariff electronically, and that it is 

in compliance with all other regulations at 

part 1312, except those specifically 

applicable to tariffs maintained in paper 

format. 

The internet address where [name of water 

carrier]’s tariffs can be located is: 

This internet address is current as of [date]. 

I further declare (certify, verify or state) 

under penalty of perjury (‘‘under the laws of 

the United States of America’’ if executed 

outside of the United States of America) that 

the foregoing is true and correct. Executed on 

(date). 

Very truly yours, 

[signature of a duly authorized corporate 

officer of water carrier.] 

(3) Tariff Access Requirement. (i) A 

water carrier must provide the Board 

with at least two business days advance 

notice of any planned outage when its 

tariff will not be available on the 

internet, and prompt notice on any 

occasion when the tariff becomes 

unavailable due to circumstances 

beyond the carrier’s control. Notice 

shall be submitted by email to tariffs@

stb.gov. In the event of any outage, 

carriers are required to make alternative 

arrangements with the agency to ensure 

that the Board receives the tariff(s) in 

effect during the outage. 

(ii) A water carrier may establish 

reasonable registration requirements for 

purposes of public access to its current 

tariff and historical tariff information, 

such as requiring a user to provide his 

or her name and email address; 

however, such requirements may not 

limit tariff access to any particular 

group or class of users (such as shippers 

or potential shippers) or impose 

unreasonable burdens on the user, such 

as access fees or a showing of need. 

(4) Historical Tariff Information and 

Archiving. Tariffs kept on the internet 

by a water carrier must allow the Board 

and the public to retrieve historical 

versions, including all rates and 

applicable rules, for a period of not less 

than five years, beginning on the date 

when a carrier first electronically files 

its tariffs under these regulations. 

* * * * * 

■ 9. In § 1312.6, add paragraph (e) to 

read as follows: 

§ 1312.6 Advance notice required. 

* * * * * 

(e) Notice for purposes of 

electronically filed tariffs. A water 

carrier that keeps its tariffs on the 

internet must comply with the notice 

requirements set forth in paragraph (b) 

of this section, provided however, that 

the relevant notice periods set forth in 

paragraphs (b)(1) and (2) of this section 

shall run from the date on which the 

tariff matter first appears in the water 

carrier’s tariff on the internet. 

■ 10. Amend § 1312.12 by adding 

paragraph (c) to read as follows: 

§ 1312.12 Posting requirements. 

* * * * * 

(c) Exemption for electronically filed 

tariffs. A water carrier that publishes, 

files, and keeps its tariffs electronically 

in accordance with § 1312.4(b) is 

exempt from the posting requirements 

of this section. 

■ 11. Amend § 1312.13 by adding 

paragraph (g) to read as follows: 

§ 1312.13 Furnishing copies of tariff 

publications. 

* * * * * 

(g) Exemption for electronically filed 

tariffs. A water carrier that publishes, 

files, and keeps its tariffs electronically 

in accordance with § 1312.4(b) is 

exempt from this section. 

■ 12. Amend § 1312.15 by adding a 

sentence at the end of paragraph (a) and 

a sentence at the end of paragraph (b) to 

read as follows: 

§ 1312.15 Change of carrier or agent. 

(a) * * * A water carrier that 

publishes, files, and keeps its tariffs 

electronically in accordance with 

§ 1312.4(b) shall promptly submit any 

such change by email to tariffs@stb.gov, 

but in no case later than 20 days after 

the effective date. 

(b) * * * A water carrier that 

publishes, files, and keeps its tariffs 

electronically in accordance with 

§ 1312.4(b) shall promptly submit any 

such change of agent by email to tariffs@

stb.gov, but in no case later than 20 days 

after the effective date. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 


amozie on DSK3GDR082PROD with PROPOSALS1
66234 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules 

Appendix—Information Collection 

Under the Paperwork Reduction Act 

Title: Water Carrier Tariffs. 

OMB Control Number: 2140–0026. 

STB Form Number: None. 

Type of Review: Extension with change. 

Summary: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction Act 

(PRA), the Surface Transportation Board 

(STB or Board) gives notice that it is 

requesting from the Office of Management 

and Budget (OMB) approval for the revision 

of the currently approved information 

collection, Water Carrier Tariffs, OMB 

Control No. 2140–0026, as further described 

below. The requested revision to the 

currently approved collection is necessitated 

by this NPRM. 

Respondents: Water carriers that provide 

freight transportation in noncontiguous 

domestic trade. 

Number of Respondents: Approximately 

20. 

Frequency: Annually. 

Total Burden Hours (annually including all 

respondents): 80 hours (20 annual filings × 4 

hours estimated time per certification). 

Total ‘‘Non-Hour Burden’’ Cost (such as 

start-up costs and mailing costs): There are 

no non-hourly burden costs for this 

collection. The annual certifications will be 

submitted electronically. 

Needs and Uses: Under 49 U.S.C. 13702(b) 

and 49 CFR part 1312, water carriers that 

provide freight transportation in 

noncontiguous domestic trade (i.e., 

shipments moving to or from Alaska, Hawaii, 

or the U.S. territories or possessions (Puerto 

Rico, Guam, the U.S. Virgin Islands, 

American Samoa, and the Northern Mariana 

Islands) to or from the mainland U.S.) may 

file an annual certification with the Board 

that includes the internet address of a 

website containing a list of current and 

historical prices and fees that the water 

carrier charges to the shipping public, rather 

than submit individual tariffs to the Board. 

The collection by the Board of these water 

carrier annual certifications with active 

website links will decrease the burden on 

carriers. 

[FR Doc. 2018–27913 Filed 12–21–18; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 181010932–8999–01] 

RIN 0648–XG562 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 2019 

Bluefish Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes specifications 

for the 2019 Atlantic bluefish fishery, as 

recommended by the Mid-Atlantic 

Fishery Management Council. This 

action is necessary to comply with the 

implementing regulations of the 

Bluefish Fishery Management Plan that 

require NMFS to publish specifications 

for the fishery after providing the 

opportunity for public comment. The 

proposed specifications are intended to 

establish allowable harvest levels for the 

stock that will prevent overfishing while 

allowing optimum yield, consistent 

with the Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Bluefish Fishery Management Plan. 

This action also informs the public of 

the proposed fishery specifications, and 

provides an opportunity for comment. 

DATES: Comments must be received by 

January 10, 2019. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0127, by either of the 

following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0127, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields, and 

3. Enter or attach your comments. 

—OR— 

Mail: Submit written comments to 

Michael Pentony, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope: ‘‘Comments on 

the Proposed Rule for Bluefish 

Specifications.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

Copies of the Supplemental 

Information Report (SIR) prepared for 

this action and other supporting 

documents for the proposed 

specifications are available upon request 

from Dr. Christopher M. Moore, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 N State Street, Dover, DE 19901. 

These documents are also accessible via 

the internet at http://www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission 

jointly manage the Atlantic Bluefish 

Fishery Management Plan (FMP). The 

FMP requires the specification of the 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

targets (ACT), commercial quotas, 

recreational harvest limit, and other 

management measures, for up to three 

years at a time. This action proposes 

specifications for the bluefish fishery for 

the 2019 fishing year. 

In 2015, the 60th Northeast Stock 

Assessment Workshop concluded that 

the Atlantic bluefish stock is not 

overfished, and overfishing is not 

occurring. The most recent data update 

(2018) showed slight declines in 

biomass after 2016, but no change in 

stock status from the 2015 benchmark 

assessment. Based on this best available 

scientific information, the Council’s 

Scientific and Statistical Committee 

(SSC) recommended that specifications 

for the 2019 bluefish fishery remain 

unchanged from the 2018 specifications 

provided in the August 4, 2016, final 

rule (81 FR 26267), as corrected in the 

September 27, 2016, final rule (81 FR 

66197). The SSC found no compelling 

reason to change the overfishing limit, 

ABC, or subsequent catch limits and 

targets. The Council’s Bluefish 

Monitoring Committee (MC) also made 

status quo recommendations following 

their 2018 meeting, consistent with the 

SSC. 

The Bluefish FMP has a prescriptive 

process for deriving specifications from 

the ABC. The FMP sets the ACL equal 

to the ABC, and there is historically no 

reduction due to management 

uncertainty because of persistent underharvest of available catch limits. The 

ACL is then divided between the 

commercial and recreational sectors by 

allocating 17 percent to the commercial 

ACT and 83 percent to the recreational 

ACT. Discards are then subtracted from 

each sector to calculate each sector’s 

TAL. Commercial discards are assumed 

to be negligible and recreational 

discards are projected using a terminal 


amozie on DSK3GDR082PROD with PROPOSALS1