Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Proposed Rules 21153

encourage the creation of jobs to inspect

approximately 1,110 vessels each year.

G. Any Significant Alternatives

Minimizing the Impact on Small Entities

Consistent with the Stated Objectives

13. None.

List of Subjects

47 CFR Part 0

Organization and functions

(Government agencies)

47 CFR Part 80

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–11612 Filed 5–8–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1300

[STB Ex Parte No. 528]

Disclosure, Publication, and Notice of

Change of Rates and Other Service

Terms for Rail Common Carriage

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) eliminated the tariff

requirements formerly applicable to rail

carriers, but imposed in lieu thereof

certain obligations to disclose common

carriage rates and service terms as well

as a requirement for advance notice of

increases in such rates or changes in

service terms. The ICCTA requires the

Board to promulgate regulations to

administer these new obligations by

June 29, 1996. The Board proposes to

add a new part 1300 to its regulations

for that purpose as set forth below.

DATES: Comments are due on June 10,

1996.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 528 to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1201 Constitution Ave.,

N.W., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5610. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: The

Board’s decision discussing this

proposal is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

Request for Comments

We invite comments on all aspects of

the proposed regulations. Comments (an

original and 10 copies) must be in

writing, and are due on June 10, 1996.

Small Entities

The Board certifies that this rule, if

adopted, would not have a significant

economic effect on a substantial number

of small entities. Although many

railroads and shippers are small entities,

the Board believes that the costs of

compliance would be minimal. The

proposed rules should result in easier

access to rail rate and service

information, and to that extent, our

proposed action should benefit small

entities.

The Board seeks comment on whether

there would be effects on small entities

that should be considered.

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 1300

Agricultural products, Disclosure

requirement, Fertilizer, Notice

requirement, Publication requirement,

Rail carriers.

Decided: May 2, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X of the

Code of Federal Regulations, is

proposed to be amended as follows:

SUBCHAPTER D—CARRIER RATES AND

SERVICE TERMS

1. The heading for Subchapter D is

revised as set forth above.

2. The undesignated center headings

for parts 1300–1319, parts 1320–1329,

and parts 1330–1339 are removed.

3. A new part 1300 is added to read

as follows:

PART 1300—DISCLOSURE,

PUBLICATION, AND NOTICE OF

CHANGE OF RATES AND OTHER

SERVICE TERMS FOR RAIL COMMON

CARRIAGE

Sec.

1300.1 Scope; definitions.

1300.2 Disclosure requirement for existing

rates.

1300.3 Response to request for

establishment of a new rate.

1300.4 Notice requirement.

1300.5 Additional publication requirement

for agricultural products and fertilizer.

Authority: 49 U.S.C. 721(a) and 11101(f).

§ 1300.1 Scope; Definitions.

(a) The provisions of this part address

the requirements imposed on rail

carriers by 49 U.S.C. 11101(b), 11101(c),

11101(d) and 11101(f).

(b) Except as otherwise provided in

this section, the provisions of this part

apply to any common carriage

transportation or service provided by a

rail carrier subject to the jurisdiction of

the Surface Transportation Board under

49 U.S.C. 10501.

(c) The provisions of this part do not

apply to any transportation or service

provided by a rail carrier under a

contract authorized under 49 U.S.C.

10709 or former 49 U.S.C. 10713.

(d) The provisions of this part do not

apply to any transportation or service

provided by a rail carrier to the extent

that such transportation or service is

exempted from rate notice and

disclosure requirements pursuant to an

exemption issued under 49 U.S.C.

10502 or former 49 U.S.C. 10505.

(e) For the purposes of this part,

service terms means all classifications,

rules, and practices that affect the rates,

charges, or level of service for rail

transportation.

§ 1300.2 Disclosure requirement for

existing rates.

(a) A rail carrier must disclose to any

person, upon formal request, the

specific rate(s) requested (or the basis

for calculating the specific rate(s)), as

well as all charges and service terms

that may be applicable to transportation

covered by that rate(s).

(b) The information provided by a rail

carrier under this section must be

provided immediately. Such

information may be provided either in

writing or in electronic form as agreed

to by the parties.

§ 1300.3 Response to request for

establishment of a new rate.

Where a shipper or a prospective

shipper requests that the carrier

establish a rate in the absence of an

appropriate applicable rate for

particular transportation, the carrier

must promptly establish and provide to

the requestor, in writing or in electronic

form as agreed to by the parties, an

appropriate rate and applicable service

terms. The response should be provided

as soon as reasonably possible, but no

later than 10 business days from receipt

of the request. If a carrier determines

that additional information is required

from the requester before a rate or term

can be established, the carrier must so

notify the requester as soon as possible,
21154 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Proposed Rules

but no later than 10 business days after

receipt of the request. Once the

additional information is received, the

carrier must set the rate and related

service terms, and relay them to the

requester, within 10 business days.

§ 1300.4 Notice requirement.

(a) A rail carrier may not increase any

rates or charges, or change any service

terms (except for changes that are

equivalent to rate reductions), unless 20

days have expired after written or

electronic notice has been provided to

all persons who, within the previous 12

months:

(1) Have formally requested under

section 11101(b) the affected rates or

service terms; or

(2) Have made a shipment that was

subject to the affected rates or terms; or

(3) Have made arrangements with the

carrier for a future shipment that would

be subject to the affected rates or terms.

(b) The notice required by this section

may be in writing or in electronic form,

as agreed to by the parties.

(c) For purposes of this section, a

mailed notice is deemed ‘‘provided’’ on

the date such notice is postmarked.

(d) The notice required by this section

must clearly identify the increases in

rates or charges or the changes in

service terms.

§ 1300.5 Additional publication

requirement for agricultural products and

fertilizer.

(a) With respect to transportation of

agricultural products (including grain,

as defined in 7 U.S.C. 75, and all

products thereof) and fertilizer, a rail

carrier shall publish, make available,

and retain for public inspection its

currently effective rates, schedules of

rates, charges, and other service terms,

and any scheduled changes to such

rates, charges, and service terms. This

requirement is in addition to the

requirements imposed by §§ 1300.2,

1300.3, and 1300.4 of this part.

(b) The information published under

this section 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), charges, and service terms; and

must be arranged in a way that allows

for the determination of the exact rate,

charges, and service terms applicable to

any given shipment (or to any given

group of shipments). Increases,

reductions and other changes must be

symbolized or highlighted in some way

to facilitate ready identification of the

changes and the nature of those

changes.

(c) A rail carrier must make the

information available at its offices.

Access to the information at such offices

must be provided to any person,

without charge, during normal business

hours.

(d) A rail carrier must also make the

required publications available to all

persons (hereinafter referred to as

subscribers) who have subscribed to a

publication service operated either by

the rail carrier itself or by an agent

acting at the rail carrier’s direction.

Such publications may be made

available either in printed or in

electronic form as agreed to by the

parties. Any scheduled changes must be

published in a manner that provides

timely notice to subscribers. A rail

carrier may impose reasonable charges

for such publications. Publications may

be limited to the specific information

requested by the subscriber, and charges

for such limited publications should be

set accordingly.

[FR Doc. 96–11601 Filed 5–8–96; 8:45 am]

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