[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Notices]
[Pages 18462-18463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10261]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Special Tariff Authority No. 9601]


Petition To Allow Short-Term Notice of Fuel Cost-Related 
Increases

AGENCY: Surface Transportation Board.

ACTION: Notice and request for comments.

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SUMMARY: On April 16, 1996, the American Trucking Associations, Inc., 
the Interstate Truckload Carriers Conference, and the American Movers 
Conference (collectively petitioners) jointly requested the Surface 
Transportation Board (Board) to permit motor carriers still subject to 
statutory tariff-filing requirements to implement fuel-related 
surcharges on one day's notice. The Board seeks public comment on 
petitioners' request with respect to motor carriers providing joint 
service with water carriers in the noncontiguous domestic trade, the 
only category of motor service for which carriers must file and 
maintain tariffs with the Board.

DATES: Comments are due on May 6, 1996.

ADDRESSES: Send comments (an original and 10 copies) referring to STB 
Special Tariff Authority No. 9601 to: Surface Transportation Board, 
Office of the Secretary, Case Control Branch, 1201 Constitution Avenue, 
NW., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Ronald A. Hall, (202) 927-5639. [TDD 
for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Petitioners request the above-described 
relief so that motor carriers may more quickly recover through rate 
surcharges their increased expenditures associated with rapidly rising 
diesel fuel prices. According to petitioners, fuel prices have risen by 
more than 17 cents per gallon, or 15 percent, in the past ten weeks, 
and by more than 5 cents in the past week alone. Petitioners also state 
that bulk fuel prices have increased even more sharply, rising as much 
as 35 cents per gallon, or 75 percent from their lows of the past year. 
Petitioners submit that, because fuel costs comprise approximately 20 
percent of a carrier's operating costs, the rapid increases in fuel 
costs can cripple carriers that cannot pass them through quickly. As a 
result, petitioners state that carriers must be allowed to put tariff 
rate increases into effect promptly. Accordingly, they ask the Board to 
reinstate Special Tariff Authorities previously adopted by the 
Interstate Commerce Commission (ICC), the Board's predecessor, which 
allowed for fuel-related surcharges to take effect on one day's notice 
in similar circumstances.
    Petitioners recognize that, as a result of the ICC Termination Act 
of 1995, Pub L. No. 104-88, 109 Stat. 803 (ICCTA), and the Trucking 
Industry Regulatory Reform Act of 1994, Pub. L. No. 103-311, 108 Stat. 
1683 (TIRRA), tariff-filing requirements for most motor carriers have 
been eliminated, and that most motor carriers may change their rates 
without government approval or oversight. Therefore, they seek relief 
only for household goods carriers and for motor carriers operating in 
the noncontiguous domestic trade. While household goods carriers must 
maintain tariffs available for inspection at their place of business, 
they are not required to file those tariffs with the Board, nor is the 
Board authorized to promulgate rules governing their contents or 
procedural requirements--including notice--associated with filing such 
tariffs. 49 U.S.C. 13702(c). Thus, like most other motor carriers, 
household goods carriers also remain free to adjust their rates to deal 
with fuel cost increases free from the Board's oversight. Tariff-filing 
requirements, including notice requirements, remain only for motor 
carriers engaged in noncontiguous domestic trade. 49 U.S.C. 13702(b).
    It is not clear how much effect escalating fuel prices are having 
on the extremely limited amount of service that remains subject to the 
Board's tariff-filing jurisdiction, and hence over which the Board has 
authority to grant the relief sought by petitioners. Accordingly, the 
Board invites all interested parties to comment on petitioners' request 
as it pertains to motor carriers providing joint service with water 
carriers in the noncontiguous domestic trade.

Request for Comments

    Comments (an original and 10 copies) must be in writing and are due 
10 days after publication of this notice.

Small Entities

    Because this is not a notice of proposed rulemaking within the 
meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
need not conduct at this point an examination of impacts on small 
entities. Commentors may address whether our consideration of 
petitioners' requested relief would have significant economic effects 
on any substantial number of small entities.

Environment

    The issuance of this notice and request for comments will not 
significantly affect either the quality of the human environment or the 
conservation of energy resources. Commentors may address whether a 
determination to grant the requested relief would significantly affect 
either the quality of the human environment or the conservation of 
energy resources.

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


[[Page 18463]]


    Decided: April 19, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-10261 Filed 4-24-96; 8:45 am]
BILLING CODE 4915-00-P