[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19859-19860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11087]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Parts 1051, 1053 and 1312

[Ex Parte No. MC-180 (Sub-No. 3)]


Regulations Implementing Section 7 of the Negotiated Rates Act of 
1993

AGENCY: Surface Transportation Board (Board).<SUP>1
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    \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 and transferred certain functions and proceedings to the 
Board.

ACTION: Final Rule; Termination of Proceeding.

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SUMMARY: The Board is rescinding the rules previously issued by the 
Interstate Commerce Commission (ICC) in this proceeding concerning the 
off-bill discounting provisions of section 7 of the Negotiated Rates 
Act of 1993 (NRA), and terminating the proceeding. The ICC Termination 
Act of 1995 repealed and did not reenact the requirement that the ICC, 
or any agency, issue or maintain regulations to carry out the remaining 
requirements of section 7.

EFFECTIVE DATE: The action is effective 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 accord with section 7 of the NRA, Public 
Law No. 103-180, the ICC adopted regulations relating to off-bill 
discounting. Regs. Implementing Sec. 7 of the Negotiated Rates Act 
1993, 9 I.C.C.2d 1263 (1993). The rules, which were published at 59 FR 
2303 (Jan. 14, 1994), prohibited, except as to certain services, motor 
common and contract carriers of property from providing ``off-bill 
discounting.'' Off-bill discounting is a practice by which a carrier 
provides a reduction in a tariff rate or contract rate

[[Page 19860]]

to a person who does not pay the freight charges for the services 
involved.
    Section 7 also contained other requirements beyond prohibiting off-
bill discounting. To implement these provisions, the regulations also 
(1) made it unlawful to provide misleading or false billing information 
to a carrier; and (2) required that freight bills disclose the rates 
and reductions or allowances involved. 49 CFR 1051.
    The ICC issued a further order, 59 FR 14570, March 19, 1994, 
(served March 23, 1994) responding to inquiries it had received 
concerning the rules. In that order, the ICC invited additional 
questions and comments from interested parties, and it indicated that a 
further decision would be forthcoming. A number of comments have been 
filed.
    Although it retained (with modifications) the other requirements of 
section 7, the ICCTA repealed and did not reenact the former statutory 
prohibition against off-bill discounting. See 49 U.S.C. 13708. 
Moreover, the ICCTA repealed and did not reenact the requirement that 
the ICC, or any agency, issue or maintain regulations to carry out the 
remaining requirements of section 7. Id. Therefore, the regulations, 
including the prohibition against off-bill discounting, are 
rescinded.<SUP>2
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    \2\  Section 204(a) of the ICCTA provides that ``[t]he Board 
shall promptly rescind all regulations established by the Interstate 
Commerce Commission that are based on provisions of law repealed and 
not substantively reenacted by this Act.''
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    Consequently, further consideration of the comments is unnecessary, 
and this proceeding is terminated.<SUP>3
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    \3\  Section 204(b)(3) of the ICCTA provides that, ``in the case 
of a proceeding under a provision of law repeal[ed], and not 
reenacted, by this Act such proceeding shall be terminated.''
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List of Subjects

49 CFR Part 1051

    Buses, Freight, Motor Carriers, Reporting and recordkeeping 
requirements.

49 CFR Part 1053

    Motor contract carriers.

49 CFR Part 1312

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

    Authority: 49 U.S.C. 721(a); Sections 204(a) and 204(b)(3) of 
the ICC Termination Act.

    Decided: April 17, 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 amended as set forth below:

PART 1051--RECEIPTS AND BILLS

    1. The authority citation for part 1051 is revised to read as 
follows:

    Authority: 5 U.S.C. 553, 49 U.S.C. 721(a), 13710, 14122.


Sec. 1051.2  [Amended]

    2. In Sec. 1051.2, the introductory text of paragraph (a)(1) is 
redesignated as the introductory text of paragraph (a) and paragraphs 
(a)(1)(i) through (a)(1)(xi) are redesignated as paragraphs (a)(1) 
through (a)(11), and paragraphs (a)(2) and (a)(3) are removed.

PART 1053--[REMOVED]

    3. Part 1053 is removed.

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

    4. The authority citation for Part 1312 is revised to read as 
follows:

    Authority: 5 U.S.C. 553, 49 U.S.C. 721(a), 13702.


Sec. 1312.14  [Amended]

    5. In Sec. 1312.14(a), paragraph (a)(4) is removed.

[FR Doc. 96-11087 Filed 5-2-96; 8:45 am]
BILLING CODE 4915-00-P