[Federal Register Volume 61, Number 91 (Thursday, May 9, 1996)]
[Proposed Rules]
[Pages 21153-21154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11601]



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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.

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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).


Sec. 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.


Sec. 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.


Sec. 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,

[[Page 21154]]

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.


Sec. 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.


Sec. 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 Secs. 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]
BILLING CODE 7035-01-P