[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Notices]
[Pages 75597-75598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27629]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 656]


Motor Carrier Bureaus--Periodic Review Proceeding

AGENCY: Surface Transportation Board.

ACTION: Request for comments.

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SUMMARY: Pursuant to 49 U.S.C. 13703(c), the Surface Transportation 
Board is instituting a proceeding to conduct its periodic review of 
motor carrier collective-activities agreements previously approved 
under 49 U.S.C. 13703. The Board is seeking comments from those motor 
carrier bureaus that wish to have Board approval for their collective-
activities agreements continued. The Board also is seeking comments 
from all interested persons on how those agreements, as ordered 
conditioned by the Board, have been working.

DATES: Opening comments may be filed by the bureaus and any interested 
member of the public by February 15, 2005. Reply comments may be filed 
by March 17, 2005. Rebuttal comments may be filed by April 6, 2005.

ADDRESSES: Any filing submitted in this proceeding must refer to STB Ex 
Parte No. 656 and must be submitted either via the Board's e-filing 
format or in the traditional paper format. Any person using e-filing 
should comply with the instructions found on the Board's http://www.stb.dot.gov Web site, at the ``E-FILING'' link. Any person 
submitting a filing in the traditional paper format should send an 
original and 10 paper copies of the filing (and also an IBM-compatible 
floppy disk with any textual submission in any version of either 
Microsoft Word or WordPerfect) to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. Because all comments will be 
posted to the Board's Web site, persons filing them with the Board need 
not serve them on other participants but must furnish a hard copy on 
request to any participant.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Federal Information Relay Service for the hearing impaired: 1-800-877-
8339.]

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 13703, the Board may 
authorize motor carriers (including motor carriers of passengers and 
household goods) to enter into ``bureau'' agreements for the collective 
establishment of rates, fares, classifications, and certain ancillary 
activities. Board authorization immunizes activities taken under the 
approved agreements from the antitrust laws. Under section 13703(c), 
the Board must, every 5 years, institute a proceeding to review the 
motor carrier bureau agreements previously approved under section 13703 
and shall change the conditions of approval of an agreement or 
terminate it when necessary to protect the public interest.

[[Page 75598]]

Under this provision, the Board must now commence a review proceeding. 
The Board is hereby commencing the required statutory review 
proceeding. Approvals of existing agreements will continue in effect 
unless the Board determines otherwise.
    Each bureau should, at a minimum, file a statement with the Board 
indicating whether it desires to continue to have its collective-
activities agreement approved by the Board. The Board's records 
indicate that approvals for the agreements of the following ratemaking 
bureaus have expired for lack of timely compliance with the conditions 
on renewal imposed by the Board during the prior review cycle: 
Machinery Haulers Association, Inc.; Motor Carriers Traffic 
Association; Nationwide Bulk Trucking Association, Inc.; New England 
Motor Rate Bureau; and Willamette Tariff Bureau, Inc.\1\ If the Board's 
records are incorrect in this respect, each affected bureau must notify 
the Board.
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    \1\ In EC-MAC Motor Carriers Service Association, Inc., et al., 
STB Section 5a Application No. 118 (Sub-No. 2), et al. (STB served 
Oct. 16, 2003), the Board summarily approved the agreements of 
certain bureaus after noting their full compliance with the required 
conditions, and, for other bureaus, the Board listed the specific 
steps required for individual bureau compliance.
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    The Board also is particularly interested in whether anything 
affecting the public interest has changed since the prior review cycle. 
In that review cycle, the Board approved the bureaus' applications for 
renewal of their agreements, subject to conditions.\2\ In particular, 
the Board required the National Classification Committee to amend its 
agreement to provide: (1) Shippers with access to specified additional 
information at an earlier stage in the classification process; (2) 
resolution of classification dockets by a single, expedited decision; 
and (3) the right to seek an initial review of that decision by a 
neutral arbitrator.\3\ The Board required the ratemaking bureaus to 
amend their agreements to provide for: (1) The furnishing of a ``truth-
in-rates notice'' when collective rates are quoted; and (2) a 
prohibition of use of a loss-of-discount penalty for late payment of 
rates.\4\ Information on whether these conditions are working as 
intended would be especially helpful.
    Board filings, decisions, and notices are available on its Web site 
at http://www.stb.dot.gov.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
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    \2\ The agreement of the National Bus Traffic Association, Inc., 
was approved without conditions. Application of the National Bus 
Traffic Association, Inc., for Extended Approval of its Conformed 
Agreement, Section 5a Application No. 9 (Amendment No. 8) (STB 
served May 24, 2002). The Household Goods Carriers' Bureau Committee 
has been operating under its previously approved agreement, and may 
continue to do so, until the Board rules on its application for 
renewal of that agreement.
    \3\ See National Classification Committee--Agreement, 3 S.T.B. 
917 (1998), 4 S.T.B. 496 (2000), and decisions served Nov. 20, 2001, 
Mar. 27, 2003, Oct. 16, 2003, and Dec. 10, 2003.
    \4\ See EC-MAC Motor Carriers Service Association, Inc., et al., 
STB Section 5a Application No. 118 (Sub-No. 2), et al. (STB served 
Nov. 20, 2001, Mar. 27, 2003, and Oct. 16, 2003); Niagara Frontier 
Tariff Bureau, Inc.--Agreement, STB Section 5a Application No. 45 
(Amendment No. 17) (STB served Oct. 16, 2003); Middlewest Motor 
Freight Bureau, Inc.--Renewal of Agreement, STB Section 5a 
Application No. 34 (Sub-No. 10) (STB served Jan. 21, 2004); and 
Pacific Inland Tariff Bureau, Inc.--Renewal of Agreement, STB 
Section 5a Application No. 22 (Sub-No. 8) (STB served Jan. 15, 
2004).

    Decided: December 13, 2004.
    By the Board, Chairman Nober, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27629 Filed 12-16-04; 8:45 am]
BILLING CODE 4915-01-P