[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Page 19902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11089]



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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1312

[Ex Parte No. MC-212]


Review of Motor Tariff Regulations-1993

AGENCY: Surface Transportation Board (Board).<SUP>1

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took 
effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Board. Section 204(b)(1) of the Act provides, in general, 
that proceedings pending before the ICC on the effective date of 
that legislation shall be decided under the law in effect prior to 
January 1, 1996, insofar as they involve functions retained by the 
Act. Section 204(b)(3) provides that, ``[i]n the case of a 
proceeding under a provision of law repeal[ed], and not reenacted, 
by this Act such proceeding shall be terminated.'' Although the 
motor carrier tariff filing provisions were sharply curtailed in the 
ICCTA and in prior legislation, they were not entirely repealed. 
Therefore, it is not pursuant to the automatic termination 
provisions of section 204(b)(3) of ICCTA that this pending 
proceeding is being terminated.
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ACTION: Proposed rule; termination of proceeding.

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SUMMARY: The Board is terminating this proceeding in which 
modifications to motor carrier tariff filing requirements were being 
considered, because intervening legislation has made consideration of 
those modifications unnecessary.

DATES: This action is made on May 3, 1996.

FOR FURTHER INFORMATION CONTACT: Michael L. Martin, (202) 927-6033; 
[TDD for the hearing impaired: (202) 927-5721].

SUPPLEMENTARY INFORMATION: In a Notice of Proposed Rulemaking published 
at 58 FR 14198 (March 16, 1993), the ICC instituted a proceeding to 
seek public comment on whether certain motor carrier tariff filing 
requirements should be modified. The proceeding was initiated in 
response to a Congressional directive that the ICC increase its motor 
carrier tariff oversight.<SUP>2
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    \2\ Senate Report No. 102-351, dated July 30, 1992, accompanying 
the U.S. Department of Transportation and Related Agencies 
Appropriations Bill, 1993.
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    In recent legislation,<SUP>3 Congress has repealed the tariff 
filing requirements for most motor common carriers of property, and 
voided such tariffs. Now, the only rates that motor carriers must 
publish and file in tariffs are those relating to joint motor-water 
movements in the noncontiguous domestic trade. Because carriers are no 
longer required to file the tariffs that precipitated the notice of 
proposed rulemaking, we are terminating this proceeding.

    \3\ The Trucking Industry Regulatory Reform Act of 1994, Pub. L. 
No. 103-311, 108 Stat. 1683, enacted August 26, 1994, and ICCTA.
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    Authority: 49 U.S.C. 10321.

    Decided: April 17, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-11089 Filed 5-2-96; 8:45 am]
BILLING CODE 4915-00-P