[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Page 13077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5943]



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INTERSTATE COMMERCE COMMISSION

49 CFR Parts 1312 and 1314

[Ex Parte No. 444]


Electronic Filing of Tariffs

AGENCY: Interstate Commerce Commission (ICC).

ACTION: Final rule.

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SUMMARY: The ICC amends its regulations to reflect the status quo with 
respect to the rules for filing electronic and printed tariffs, and 
terminates the Ex Parte No. 444 proceeding. This action codifies in the 
regulations the tariff filing rules which have existed for the past 
five years as a result of the partial stay of the Commission's 1989 
decision in Ex Parte No. 444, and ends the proceeding.

EFFECTIVE DATES: The amendments in this final rule are effective April 
8, 1995. Effective April 8, 1995, the rule removing part 1312, which 
was published at 54 FR 6404 and stayed at 54 FR 10533 and 54 FR 42959, 
is withdrawn and part 1312 continues in effect. The effective date of 
part 1314, which was added at 54 FR 6404 and stayed at 54 FR 10533 and 
54 FR 42959, is November 8, 1989.

FOR FURTHER INFORMATION CONTACT: James W. Greene, (202) 927-5602, or 
Thomas A. Mongelli, (202) 927-5150. TDD for the hearing impaired: (202) 
927-5721.

SUPPLEMENTARY INFORMATION: In a notice of proposed rulemaking (NPR) 
served December 15, 1994, and published at 59 FR 64646 (1994), we 
proposed to amend parts 1312 and 1314 of our regulations to codify the 
tariff filing rules which have been in effect for the past five years 
as a result of a partial stay of an earlier Commission decision,\1\ and 
to terminate the Ex Parte No. 444 proceeding. The current rules 
authorize electronic tariff filing by rail carriers but not by other 
carriers; in the NPR we indicated our willingness to consider 
individual special tariff authority requests for electronic filing by 
non-rail carriers. Comments were filed by two interested parties,\2\ 
both of which support the Commission's proposal.

    \1\Electronic Filing of Tariffs, 5 I.C.C.2d 279 (1989); 54 FR 
6403 and 9052 (1989).
    \2\The Household Goods Carriers' Bureau Committee (HGCBC), and 
The National Industrial Transportation League (NITL). The 
Association of American Railroads and each Class I Railroad, while 
not filing formal comments, submitted a letter indicating that they 
did not object to the course of action outlined in the NPR.
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    HGCBC states that, although it understands the reasons for and 
supports the Commission's decision, it is disappointed in the 
termination of the effort to develop methods and standards for filing 
electronic tariffs. HGCBC believes that electronic tariff filing has 
merit, and it indicates its willingness to assist the Commission in a 
renewed effort to develop an electronic tariff filing system if 
circumstances change.
    NITL strongly endorses the Commission's proposal. NITL states that 
it has participated in the Ex Parte No. 444 proceeding from the 
beginning, and that its position throughout the proceeding has been 
that, if tariff filing is to be retained, tariff filing rules must 
promote efficient and simple tariff use. NITL expresses its view that 
the enactment of the Trucking Industry Regulatory Reform Act of 1994 
(TIRRA) has eliminated the need for electronic tariff filing, and that 
the likelihood of further statutory changes to tariff filing 
requirements makes it unnecessary to expend limited resources on this 
issue at this time.
    After careful consideration, we have decided to amend the 
regulations and terminate the proceeding as proposed.\3\

    \3\We will correct the heading of part 1312 to include reference 
to household goods freight forwarders, which was inadvertently 
omitted from the proposed rule.
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Regulatory Flexibility

    The rules adopted herein do not impose additional burdens on tariff 
filers or others; rather, they merely codify the rules that are 
currently in effect as a result of the partial stay of an earlier 
Commission decision.

Environmental Statement

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects

49 CFR Part 1312

    Household goods freight forwarders, Motor carriers, Moving of 
household goods, Pipelines, Tariffs, Water carriers.

49 CFR Part 1314

    Railroads, Tariffs.

    Decided: February 17, 1995.

    By the Commission, Chairman McDonald, Vice Chairman Morgan, 
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
    For the reasons set forth in the preamble, title 49, chapter X, 
parts 1312 and 1314 of the Code of Federal Regulations are amended as 
follows:

PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS, SCHEDULES AND RELATED DOCUMENTS OF MOTOR, PIPELINE AND 
WATER CARRIERS, AND HOUSEHOLD GOODS FREIGHT FORWARDERS

    1. The heading of part 1312 is revised to read as set forth above.
    2. The authority citation for part 1312 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 10321, 10762 and 10767.

PART 1314--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS AND RELATED DOCUMENTS OF RAIL CARRIERS

    3. The heading of part 1314 is revised to read as set forth above.
    4. The authority citation for part 1314 is revised to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 10321, 10708, 10761, and 
10762.

[FR Doc. 95-5943 Filed 3-9-95; 8:45 am]
BILLING CODE 7035-01-P