[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66229-66234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27913]


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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.

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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 <a href="/cdn-cgi/l/email-protection#6032233021201314024e070f16"><span class="__cf_email__" data-cfemail="0351405342437077612d646c75">[email protected]</span></a> 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or outdated and to recommend how they should be addressed.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 tariff-related statutory requirements.
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    \1\ These status reports can both be accessed on the Board's 
website at https://www.stb.gov/stb/about/RRTF.html.
    \2\ Many water carriers use third-party service providers to 
manage and maintain their tariffs on the internet.
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    Background. Water carriers operating in the noncontiguous domestic 
trade \3\

[[Page 66230]]

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.
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    \3\ Noncontiguous 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).
    \4\ Section 13702(a)(1) includes an exception from the tariff 
filing requirement for bulk cargo, forest products, recycled metal 
scrap, waste paper, and paper waste.
    \5\ Water carriers, however, are permitted to enter into private 
contracts with shippers to provide transportation services subject 
to privately-negotiated 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.
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    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.
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    \6\ See 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).
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    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.)
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    \7\ At the time, DXI represented several water carriers 
operating in the noncontiguous domestic trade.
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    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.
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    \8\ The 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).
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    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.
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    \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.
    \10\ The 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.
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    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.

[[Page 66231]]

    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 tariff-related 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 <a href="/cdn-cgi/l/email-protection#86f2e7f4efe0e0f5c6f5f2e4a8e1e9f0"><span class="__cf_email__" data-cfemail="5125302338373722112225337f363e27">[email protected]</span></a>. 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.
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    \12\ The 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).
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    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.

[[Page 66232]]

    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

0
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.

0
2. Amend Sec.  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:


Sec.  1002.2   Filing fees.

* * * * *
    (f) * * *

------------------------------------------------------------------------
               Type of proceeding                           Fee
------------------------------------------------------------------------
 
                              * * * * * * *
PART VI: Informal Proceedings:
 
                              * * * * * * *
    (78) (i) The filing of tariffs, including     $1 per page. ($29 min
     supplements, or contract summaries.           charge.)
        (ii) The filing of water carrier          $29.
         electronic annual certifications.
 
                              * * * * * * *
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* * * * *

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

0
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).

0
4. The heading of part 1312 is revised to read as set forth above.
0
5. Amend Sec.  1312.1(c) by revising the definition of publication to 
read as follows:


Sec.  1312.1   Scope; definitions.

* * * * *
    (c) * * *
    Publication means a bound tariff, a tariff supplement, a looseleaf 
tariff page, or an electronically published tariff.
* * * * *
0
6. Amend Sec.  1312.2 by revising paragraph (b), removing paragraph (e) 
and re-designating paragraph (f) as paragraph (e) to read as follows:


Sec.  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.
* * * * *
0
7. Amend Sec.  1312.3 by revising paragraph(a) to read as follows:


Sec.  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 Sec.  
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.
* * * * *
0
8. Amend Sec.  1312.4 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  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.

[[Page 66233]]

Tariffs shall be printed on paper not larger than 8\1/2\ 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 <a href="/cdn-cgi/l/email-protection#e59184978c838396a5969187cb828a93"><span class="__cf_email__" data-cfemail="a0d4c1d2c9c6c6d3e0d3d4c28ec7cfd6">[email protected]</span></a>. 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.
* * * * *
0
9. In Sec.  1312.6, add paragraph (e) to read as follows:


Sec.  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.
0
10. Amend Sec.  1312.12 by adding paragraph (c) to read as follows:


Sec.  1312.12  Posting requirements.

* * * * *
    (c) Exemption for electronically filed tariffs. A water carrier 
that publishes, files, and keeps its tariffs electronically in 
accordance with Sec.  1312.4(b) is exempt from the posting requirements 
of this section.
0
11. Amend Sec.  1312.13 by adding paragraph (g) to read as follows:


Sec.  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 Sec.  1312.4(b) is exempt from this section.
0
12. Amend Sec.  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:


Sec.  1312.15  Change of carrier or agent.

    (a) * * * A water carrier that publishes, files, and keeps its 
tariffs electronically in accordance with Sec.  1312.4(b) shall 
promptly submit any such change by email to <a href="/cdn-cgi/l/email-protection#2054415249464653605354420e474f56"><span class="__cf_email__" data-cfemail="c4b0a5b6ada2a2b784b7b0a6eaa3abb2">[email protected]</span></a>, 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 Sec.  1312.4(b) shall 
promptly submit any such change of agent by email to <a href="/cdn-cgi/l/email-protection#e99d889b808f8f9aa99a9d8bc78e869f"><span class="__cf_email__" data-cfemail="4c382d3e252a2a3f0c3f382e622b233a">[email protected]</span></a>, 
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.


[[Page 66234]]



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 x 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


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