[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Notices]
[Pages 60935-60936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29901]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Sec. 5a Application No. 61]


National Classification Committee--Agreement

AGENCY: Surface Transportation Board, DOT.

ACTION: Request for comments.

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SUMMARY: The Surface Transportation Board is commencing a proceeding to 
determine whether, under 49 U.S.C. 13703(d) and (e), it is in the 
public interest to renew the bureau agreement of the National 
Classification Committee, which administers the National Motor Freight 
Classification.

DATES: Written notices of intent to participate are due by November 28, 
1997. Shortly thereafter, we will serve a preliminary service list and 
request for written corrections. By December 11, 1997, we will serve 
any necessary corrections to the service list. Opening comments are due 
by January 8, 1998. Reply comments are due by February 5, 1998.

ADDRESSES: Send an original and 10 copies of notices of intent to 
participate and comments, referring to ``Section 5a Application No. 
61,'' to: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, N.W., Washington, DC 20423.

[[Page 60936]]

Opening and reply comments must be served on the persons identified as 
``parties of record'' on the service list.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[TDD for the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 13703, we have the authority 
to immunize approved motor carrier bureau agreements from the antitrust 
laws. One such bureau, the National Motor Freight Traffic Association, 
operating through its National Classification Committee (NCC), 
administers the National Motor Freight Classification (NMFC). The NMFC 
groups all articles moving by truck into classes based on their 
transportation characteristics. The NCC operates pursuant to a bureau 
agreement approved in National Classification Committee--Agreement, 299 
I.C.C. 519 (1956), and renewed in National Classification Committee--
Agreement, Section 5a Application No. 61 (ICC served May 18, 
1987).<SUP>1</SUP> Under 49 U.S.C. 13703(d) and (e), all motor carrier 
bureau agreements will expire on December 31, 1998, unless we approve 
renewal. Renewal of the collective rate setting bureau agreements of 
the motor carriers is under investigation in Section 5a Application No. 
118 (Amendment No. 1), et al.<SUP>2</SUP>
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    \1\ Traditionally, motor carrier rate bureau proceedings have 
been identified as ``Section 5a'' proceedings, in reference to 
section 5a of the Interstate Commerce Act as it existed prior to its 
1978 codification as 49 U.S.C. 10706. In the ICC Termination Act of 
1995, the statutory provisions governing motor carrier rate bureau 
agreements were severed from the rail provisions of section 10706 
and recodified as section 13703.
    \2\ See the notice published in the Federal Register on May 20, 
1997, at 62 FR 27653, and the Board's decisions in those 
consolidated proceedings served on May 20, 1997, and August 15, 
1997. In the decision served on August 15, 1997, we denied a 
petition to expand the consolidated proceedings to consider whether 
antitrust immunity should be continued for activities under the NCC 
agreement, but stated that we would in the future address matters 
relating to antitrust immunity for NCC activities separately.
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    By this notice, we are commencing a separate proceeding to explore 
whether we should renew the NCC's agreement before its statutory 
expiration. In particular, we question whether the NCC needs antitrust 
immunity given the fact that its activities, such as grouping freight 
with common transportation characteristics, publishing bill of lading 
formats, and gathering information, would not, on the surface, appear 
to involve antitrust violations. The parties are invited to address, 
and organize their discussion of, this and other public interest issues 
by answering the following specific questions:
    1. Does the NCC in fact engage in activities that would violate the 
antitrust laws in the absence of antitrust immunity conferred under 49 
U.S.C. 13703?
    2. If the NCC engages in activities that would violate the 
antitrust laws in the absence of antitrust immunity under section 
13703, does the public interest require (a) continued exemption of 
these activities from antitrust law, subject to our regulation, or (b) 
a regime of marketplace competition subject to antitrust law? Are there 
``borderline'' areas of NCC activity that might be subject to antitrust 
enforcement in the absence of immunization under 49 U.S.C. 13703, where 
the public interest warrants continued antitrust immunity for those 
activities under that section?
    3. Should we exclude from any immunity we might confer activities 
that would not violate the antitrust laws in the absence of antitrust 
immunity, so as to avoid confusing the public about the scope and 
impact of our regulatory jurisdiction?
    4. How do the public interests aspects of the NCC's activities 
relate to the public interest aspects of the activities of the 
operating motor carrier rate bureaus, whose renewal is the subject of 
the proceedings in Section 5a Application No. 118 (Amendment No. 1), et 
al., supra? If we decide not to renew the rate setting immunity of 
those bureaus, could we, and should we, nonetheless continue immunity 
for classification?

    Decided: November 5, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-29901 Filed 11-12-97; 8:45 am]
BILLING CODE 4915-00-P