19058 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations

equivalent to the DHHS term

‘‘certification’’) can participate in the

DOT drug testing program on the same

basis as any U.S. laboratory certified by

DHHS. This includes authorization to

test urine samples for U.S., as well as

foreign, drivers and other employees

subject to DOT drug testing rules. At

such time as SCC accredits a Canadian

laboratory, SCC will publish a notice to

this effect in Canada and DHHS will

reference the SCC action in the DHHS

list of certified laboratories.

Issued this 26th Day of March, 1997, at

Washington, D.C.

Mary Bernstein,

Director, Office of Drug and Alcohol Policy

and Compliance.

[FR Doc. 97–9785 Filed 4–17–97; 8:45 am]

BILLING CODE 4910–62–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1312

[STB Ex Parte No. 618]

Regulations for the Publication,

Posting and Filing of Tariffs for the

Transportation of Property by or With

a Water Carrier in the Noncontiguous

Domestic Trade

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: The Board revises its tariff

filing regulations to remove obsolete

provisions, to provide carriers with

additional flexibility to establish

appropriate formats for the filed tariffs

that continue to be required, and to

reflect changes introduced by the ICC

Termination Act of 1995.

EFFECTIVE DATE: These rules are effective

May 18, 1997.

FOR FURTHER INFORMATION CONTACT:

James W. Greene, (202) 565–1578. [TDD

for the hearing impaired: (202) 565–

1695.]

SUPPLEMENTARY INFORMATION: The

Board’s decision adopting these

regulations is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

Small Entities

The Board certifies that this rule will

not have a significant economic effect

on a substantial number of small

entities.

Environment

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1312

Motor carriers, Noncontiguous

domestic trade, Tariffs, Water carriers.

Decided: April 4, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board revises part 1312 of

title 49, chapter X, of the Code of

Federal Regulations to read as follows:

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

Sec.

1312.1 Scope; Definitions.

1312.2 Requirement to publish and file a

tariff.

1312.3 Tariff contents and standards;

Essential criteria.

1312.4 Filing of tariffs.

1312.5 Amendments to tariffs.

1312.6 Advance notice required.

1312.7 STB tariff designation.

1312.8 Identification of tariff publication.

1312.9 Statement of tariff application and

other title page requirements.

1312.10 Notification of tariff changes and

nature of changes.

1312.11 Special notification for ordered

matter.

1312.12 Posting requirements.

1312.13 Furnishing copies of tariff

publications.

1312.14 Powers of attorney and

concurrences.

1312.15 Change of carrier or agent.

1312.16 Substitution of service.

1312.17 Electronic filing of tariffs.

Authority: 49 U.S.C. 721(a), 13702(a),

13702(b) and 13702(d).

§ 1312.1 Scope; Definitions.

(a) Applicability. The provisions of

this part address the requirements in 49

U.S.C. 13702 that carriers subject to the

Board’s jurisdiction under 49 U.S.C.

Chapter 135 and providing

transportation or service for the

movement of property (except bulk

cargo, forest products, recycled metal

scrap, waste paper, and paper waste) by

or with a water carrier in noncontiguous

domestic trade shall publish and file

with the Board tariffs containing the

rates for such transportation.

(b) Exceptions. The provisions of this

part do not apply to:

(1) Any transportation or service

provided by a carrier pursuant to 49

U.S.C. 14101(b); or

(2) The transportation of any cargo or

type of cargo or service which was not

subject to regulation by, or under the

jurisdiction of, either the Federal

Maritime Commission (FMC) or the

Interstate Commerce Commission under

Federal law in effect on November 1,

1995.

(c) Definitions. For the purposes of

this part:

Act means part B of subtitle IV of title

49 of the United States Code.

Agent means a person, association or

corporation authorized to publish and

file rates and provisions on behalf of

one or more carriers in tariffs published

in the agent’s name.

Agent’s tariff means a tariff filed in

the name of an agent.

ATFI means the Automated Tariff

Filing and Information System

maintained by the FMC, a computerbased system for creating, filing,

processing and retrieving tariffs.

Board means the Surface

Transportation Board.

Bound tariff means a tariff consisting

of two or more sheets bound at the left

edge in pamphlet or book form or a

single-sheet tariff.

Carrier means a motor carrier, water

carrier or freight forwarder subject to the

Board’s jurisdiction under 49 U.S.C.

Chapter 135.

Carrier’s tariff means a tariff filed in

the name of a carrier.

Collectively established tariff matter

means a rate, charge, rule or other tariff

provision established pursuant to 49

U.S.C. 13703.

Independently established tariff

matter means any rate, charge, rule or

other tariff provision not established

pursuant to 49 U.S.C. 13703.

Item means a tariff provision of any

kind bearing an item number

designation.

Joint rate means a rate that applies

over the lines or routes of two or more

carriers made by an agreement between

the carriers and effected by a

concurrence or power of attorney.

Joint tariff means a tariff that contains

joint rates or provisions affecting joint

rates.

Local rate means a rate that applies

only to one carrier.

Local tariff means a tariff that

contains local rates or provisions

affecting local rates.

Looseleaf page means a single page

published as part of a new or reissued

looseleaf tariff or as an amendment to

such a tariff.

Looseleaf tariff means a tariff

consisting of looseleaf pages.

Noncontiguous domestic trade means

transportation subject to jurisdiction

under 49 U.S.C. Chapter 135 involving

traffic originating in or destined to

Alaska, Hawaii, or a territory or

possession of the United States.
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations 19059

Original tariff means a bound or

looseleaf tariff as originally filed

excluding amendments.

Page means that portion of a tariff or

supplement printed on one side of a

sheet.

Post refers to making filed tariffs

available to the public.

Publication means a bound tariff, a

tariff supplement, or a looseleaf tariff

page.

Rate means a rate or charge.

Service terms mean all classifications,

rules and practices that affect the rates

or level of service.

Supplement means a single sheet, or

two or more sheets bound at the left

edge in pamphlet or book form,

identified as a supplement and

published to amend or cancel a bound

or looseleaf tariff.

Tariff means an issuance (in whole or

in part) bearing designations required by

this part and containing rates, rules,

regulations, classifications or other

provisions published and filed with the

Board for compliance with 49 U.S.C.

13702.

§ 1312.2 Requirement to publish and file a

tariff.

(a) Requirement for tariff. Except

when providing transportation for

charitable purposes without charge, or

when providing transportation or

service described in § 1312.1(b), carriers

subject to the Board’s jurisdiction under

49 U.S.C. Chapter 135 may provide

transportation or service described in

§ 1312.1(a) only if the rates, and related

rules and practices, for such

transportation or service are contained

in a published tariff that is on file with

the Board and in effect under this part.

(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. The carrier shall keep such

tariffs available for public inspection

and shall make such tariffs available to

subscribers as required in this part.

(c) Other information. Provisions for

information purposes only may be

included in a tariff, provided they are

clearly identified as such. Such

provisions may include rates and

service terms covering transportation

not subject to regulation by the Board,

and advertising and promotional

material.

(d) Effect of filing. The tender of a

tariff and its receipt and acceptance by

the Board do not relieve a carrier of

liability for violations of the Act, other

laws, the Board’s regulations, or any

decision of the Board or a court, or have

any effect on the rights of persons to file

complaints for substantive violations of

the Act or the Board’s regulations.

(e) Tariff relief. Relief from the

provisions of this part may be sought.

Requests for such relief shall be

submitted in duplicate and

accompanied by the appropriate fee (see

49 CFR part 1002). Packages containing

applications for relief shall be

prominently marked ‘‘SPECIAL TARIFF

AUTHORITY APPLICATION.’’ The

application shall cite all pertinent tariff

matter and shall provide complete

information regarding applicant’s

justification, purpose and manner of

relief sought.

(f) Invalidation of tariffs. Tariffs that

violate section 13702 of the Act, or a

regulation of the Board carrying out that

section, may be invalidated by the

Board. When a tariff is invalidated, the

party that filed it will be furnished a

written explanation of the reasons for

such action. Tariffs issued in lieu of

invalidated tariffs shall so state.

§ 1312.3 Tariff contents and standards;

Essential criteria.

(a) Contents. Tariffs filed with the

Board must include an accurate

description of the services offered to the

public; must provide the specific

applicable rates (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).

(b) Use of multiple tariffs. All

information necessary to determine

applicable rates and service terms for a

given shipment need not be contained

in a single tariff, but if multiple tariffs

are used to convey that information, the

tariff containing the rates must make

specific reference (by STB tariff

designation) to all other tariffs required

to determine applicable rates and

service terms, and the carrier(s) party to

the rates must participate in all of the

tariffs so linked.

(c) Clarity. Tariff information must be

presented in a way that facilitates the

determination of the prices and services

offered, and the related service terms.

Ambiguous terms and complex methods

of presentation shall not be used.

(d) Explanations. Reference marks

and abbreviations, other than commonly

used abbreviations, shall be explained

either in the item in which they are

used or in a separate item.

§ 1312.4 Filing of tariffs.

(a) Filing requirements. (1) Tariffs

shall be filed in English with rates

explicitly stated in U.S. dollars and

cents. 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:

Section of Tariffs, Surface

Transportation Board, 1925 K Street,

N.W., Washington, DC 20423–0001.

(2) A 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). Acknowledgment of Board

receipt of a 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 lefthand corner thereof:

(i) The assigned alpha code of the

issuing carrier or agent;

(ii) The number of pages transmitted;

(iii) The filing fee enclosed, the

account number to be billed, or the

credit card to be charged;

(iv) The transmittal number if the filer

utilizes transmittal numbers; and

(v) If the filing fee is charged to a

credit card, the credit card number and

expiration date, and an authorized

signature.

(b) Paper size. Tariffs shall be printed

on paper not larger than 81⁄2 x 11 inches.

§ 1312.5 Amendments to tariffs.

(a) Manner of making changes. An

amendment is a change in, addition to,

or cancellation of part of a tariff.

Supplements are the tariff publications

used to amend bound tariffs, and new

or revised pages are the tariff

publications normally used to amend

looseleaf tariffs, although looseleaf

tariffs can also be amended by

supplements. Tariffs can also be

canceled by new or reissued tariffs (see

§ 1312.7).

(b) Supplements. Supplements issued

to amend a tariff shall be consecutively

numbered. Each new supplement shall

identify any supplement(s) that it

cancels, and any supplement(s) that are

still in effect. A tariff amendment

published in a supplement may be

carried forward to later supplements if

it is identified as reissued without

change from the supplement in which it

was originally published.

(c) Looseleaf pages. Looseleaf pages to

an original tariff shall be designated as

‘‘Original’’ (e.g., Original Title Page,

Original Page 1, Original Page 2, etc.).

Looseleaf pages issued to amend the

tariff shall bear consecutive revision
19060 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations

numbers and shall cancel the prior

version(s) of the same page (e.g., 1st

Revised Page 1 Cancels Original Page 1,

2nd Revised Page 1 Cancels 1st Revised

Page 1, etc.). Additional original pages

may also be issued to amend a tariff, by

adding new numbered pages after the

last numbered page, or by adding

existing numbered pages with

alphabetic suffixes (e.g., a page

designated as Original Page 2–A could

be added between pages 2 and 3, etc.).

Each looseleaf tariff shall include a

Check Sheet, a Correction Number

Check Sheet, or some other method of

determining the looseleaf pages issued

to amend such tariff.

§ 1312.6 Advance notice required.

(a) Notice requirement. Unless

otherwise specifically authorized by the

Board, tariffs must be filed with the

Board on not less than the notice shown

in paragraph (b) of this section. Notice

means the number of days the

publication is on file with the Board

prior to its effective date(s). The date the

publication is received by the Board

counts as the first day of notice.

(b) Length of notice. A tariff may not

become effective earlier than:

(1) Thirty days after filing for all

collectively established tariff matter.

(2) Seven workdays after filing for

independently established increased

tariff matter.

(3) Upon filing for independently

established new tariff matter,

independently established reduced tariff

matter, the addition or restoration of a

carrier’s participation in a tariff, a

correction to the list of participating

carriers in a tariff (other than the

cancellation of a carrier’s participation),

an extension of the expiration date of

tariff matter, or a postponement of the

effective date of proposed tariff matter.

(c) Receipt of tariffs by the Board. The

Board will receive printed tariff filings

between the hours of 8:30 A.M. and 5:00

P.M. Eastern Time on workdays. Printed

tariff filings delivered to the Board on

other than a workday, or after 5:00 P.M.

on a workday, will be considered as

received the next workday. The Board

will accept electronic tariff filings in

accordance with the provisions of 46

CFR part 514, as provided in § 1312.17.

(d) Definitions. For the purposes of

this section:

Increased means any tariff change that

results in higher charges to the payer of

freight charges or reduced service at the

same rate;

New means an initial rate or other

provision for a new service;

Reduced means any tariff change that

results in lower charges to the payer of

freight charges or expanded service at

the same rate; and

Workdays means all days except

Saturdays, Sundays and all Federal

holidays observed in the District of

Columbia.

§ 1312.7 STB tariff designation.

(a) Format. Every tariff shall show an

authorized tariff designation consisting

of:

(1) The characters ‘‘STB’’;

(2) The assigned alpha code of the

carrier or agent issuing the tariff; and

(3)(i) The tariff number (selected by

the carrier or agent) to distinguish that

tariff from all other tariffs filed by the

same issuing carrier or agent. Tariff

numbers shall not exceed 5 numerical

digits and may be followed by not more

than 2 letter suffixes. Examples of tariff

numbers are:

STB XXXX 100

STB XX 8000–A

STB XXXX 12345–AB

(ii) Suffixes may be used only to

designate reissues of tariffs. As an

example, a reissue of tariff 1000 could

be designated 1000–A, a reissue of tariff

1000–A could be designated 1000–B,

etc.

(b) Alpha codes. Alpha codes are

assigned to carriers and tariff agents by

the National Motor Freight Traffic

Association, Inc., 2200 Mill Road,

Alexandria, VA 22314.

(c) Fees for assignment. Fees may be

assessed for the assignment of codes,

but may not exceed the processing costs.

(d) Code listing. A list of the assigned

alphabetical codes, and the names of the

carriers and agents to which they are

assigned, as well as subsequent changes

to the list, shall be submitted to the

Board’s Section of Tariffs.

§ 1312.8 Identification of tariff publication.

(a) Every tariff publication filed with

the Board shall include:

(1) The STB tariff designation;

(2) The name of the issuing carrier or

agent;

(3) The name of the tariff; and

(4) The issue and effective dates of the

publication.

(b) If the publication contains matter

effective on other than the general

effective date, the notation (Except as

Noted) shall be included with the

general effective date.

§ 1312.9 Statement of tariff application and

other title page requirements.

Every new or reissued tariff or

supplement filed with the Board shall

lead with a title page. The title page of

each tariff or supplement shall include

the expiration date of the tariff or

supplement, if applicable. The title page

of each tariff shall also provide the

complete name and address of the

issuing carrier or agent; a contact person

and telephone number; the certificate or

operating authority number, if

applicable; and a succinct statement of

territorial application, mode of serving

carrier(s), type of rates, and description

of tariff content. EXAMPLES:

(a) Local water carrier rates on

FREIGHT, ALL KINDS from points in

Alaska to points in the United States.

(b) Joint motor/water commodity rates

in containerized service between

interior points in the United States and

ports in Puerto Rico and Hawaii; and

governing rules.

§ 1312.10 Notification of tariff changes and

nature of changes.

Every publication filed with the Board

containing tariff changes shall clearly

identify such changes and their nature

(whether an increase or decrease in

service, rates or transportation charges).

§ 1312.11 Special notification for ordered

matter.

Every tariff publication containing

matter filed in compliance with a Board

decision or court order shall indicate in

the publication the relevant decision or

order, and as well the number of days’

notice authorized or required.

§ 1312.12 Posting requirements.

(a) General posting requirements. (1)

Each carrier shall maintain, at its

principal office, a complete set of its

tariffs (proposed and effective) and

those to which it is a party.

(2) Each carrier shall also maintain

some or all of its tariffs at other

locations, as may be useful. Carriers

shall provide information regarding all

locations where tariffs may be viewed.

(3) At all points where tariffs are

posted, they shall be made available for

inspection by any person during the

carrier’s normal business hours. The

tariffs shall be accessible and readable.

The carrier shall also post, in a

conspicuous place in those locations, a

notice, in large print, which contains a

statement that the tariffs are available

for public inspection.

(4) At all other carrier business

offices, the carrier shall display a notice

advising the public of the location of the

nearest available tariff. The notice shall

be in large print and posted in a

conspicuous place. In addition, the

carrier shall, upon request, make

particular tariffs available at that

location as soon as possible but not later

than within 20 days, or provide the

sought information orally if satisfactory

to the requestor.

(5) Any publication referred to in a

tariff must be posted with that tariff.
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations 19061

(b) Exception to the posting

requirements. If any tariff maintained

pursuant to paragraph (a)(2) of this

section has not been used for a

substantial length of time, the posting of

that tariff, including its reissues, may be

discontinued at that station until such

time as a request is made to have it

reposted. It shall then be reposted

within 20 days.

§ 1312.13 Furnishing copies of tariff

publications.

(a) Definitions. Subscriber, as used in

this section, means any person (other

than carrier participants in a tariff) that

is voluntarily furnished, or that requests

that it be furnished, one or more copies

of a particular tariff with or without

subsequent amendments or reissues of

that tariff.

(b) Sending new publications to

subscribers. (1) The publishing carrier

or agent shall send each newly-issued

tariff, supplement, or loose-leaf page as

requested to each subscriber by first

class mail, or other means requested in

writing by the subscriber.

(2) Newly-issued tariffs, supplements,

or loose-leaf pages shall be sent to each

subscriber not later than the time the

copies for official filing are sent to the

Board.

(3) Carriers or agents may, if

acceptable to a subscriber, furnish only

specific portions of original tariffs and

amendments affecting those portions.

(c) Certification. The letter of

transmittal accompanying the copies

filed with the Board shall contain the

following certification:

I certify that compliance with 49 CFR

1312.13 has been made.

(d) Charges. (1) If any charge is made,

the charge for copies of tariff

publications sent to subscribers shall be

reasonable, and identical for the same

publications.

(2) No charge may be made (even for

the cost of sending the publication) for

any publication that is invalidated by

the Board.

(e) Notice of invalidation. If a

publication is invalidated, the

subscribers shall be notified.

(f) Alternative subscription services.

The service described in this section

must be available to any subscriber

requesting it; however, the requirement

to offer such service does not preclude

the offering of different services to

subscribers requesting those services.

§ 1312.14 Powers of attorney and

concurrences.

(a) Authorization. Rates and services

of a carrier must be filed in a tariff

issued in that carrier’s name unless they

are filed:

(1) In an agent’s tariff when the carrier

has executed a power of attorney

authorizing that individual or entity to

serve as its tariff agent; or

(2) In a tariff of another carrier

through issuance of a concurrence to the

latter carrier authorizing the first

carrier’s participation in joint rates and

through routes.

(b) Disclosure of authorization. If two

or more carriers execute powers of

attorney to the same agent, it is not

necessary for those carriers to exchange

concurrences to participate in joint rates

in that agent’s tariffs. Powers of attorney

and concurrences are not to be filed

with the Board, but shall be provided to

any person on request.

§ 1312.15 Change of carrier or agent.

(a) Change in carrier. When a carrier’s

name is lawfully changed, or a fiduciary

assumes possession and control of a

carrier’s property, all affected tariffs

must be amended to reflect the change.

The amendments required by this

paragraph shall be filed promptly and,

if possible, prior to their effective date,

but in no case later than 60 days

thereafter. Regardless of the date the

tariff is actually filed, the effective date

for an amendment required by this

paragraph is the date the event occurs.

(b) Change of agent. When a new

agent is appointed to take over an

agency, or when an alternate agent

assumes the duties of the principal

agent, each of the superseded agent’s

effective tariffs shall immediately be

amended to reflect the change, bearing

an effective date the same as the date of

the transfer. In the case of a new agent,

this may only occur after one or more

of the participating carriers issues a

power of attorney to the new agent, and

revokes the previous power of attorney.

At the same time, all affected tariffs will

be amended to reflect the new powers

of attorney, and all carriers who have

not issued them must be canceled from

the tariff.

§ 1312.16 Substitution of service.

If a water or motor carrier (hereafter

referred to as Carrier A) desires to have

the option of substituting the services of

a carrier of a different transportation

mode (hereafter referred to as Carrier B)

for part of its movement of a shipment,

it may do so if:

(a) The shipment moves on the bill of

lading that would be used if Carrier A

were performing the service;

(b) Carrier A assumes the

responsibility for the lading while it is

in the possession of Carrier B; and

(c) Movement of the lading has been

made prior to, or will be made

subsequent to, the service performed by

Carrier B.

§ 1312.17 Electronic filing of tariffs.

(a) Use of FMC system. Subject to the

requirements of this section, the tariffs

required by this part may be filed

electronically through the Federal

Maritime Commission’s ATFI system, in

lieu of being filed in printed form.

(b) Compliance with FMC

requirements. All tariffs filed

electronically must fully comply with

the filing procedures, and the data

record format and content requirements,

established for the ATFI system (see 46

CFR part 514).

(c) Fees. Electronically filed tariffs

will be subject to the filing and retrieval

fees established by the FMC in 46 CFR

514.21 (g) and (i), but such tariffs will

not be subject to fee item 78 in 49 CFR

1002.2(f).

(d) Relief from this part.

Electronically filed tariffs will not be

subject to the filing procedures and

format requirements for printed tariffs

as set forth in §§ 1312.4, 1312.5, and

1312.7 through 1312.15; however, such

tariffs must otherwise fully comply with

the requirements of this part.

[FR Doc. 97–9817 Filed 4–17–97; 8:45 am]

BILLING CODE 4910–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

041197B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Ocean Perch

in the Aleutian Islands Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for Pacific ocean perch in the

Central Aleutian District of the Bering

Sea and Aleutian Islands management

area (BSAI). This action is necessary to

fully utilize the total allowable catch

(TAC) of Pacific ocean perch in that

area.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), April 15, 1997, until 1200

hrs, A.l.t., April 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive