[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Proposed Rules]
[Pages 24474-24475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12277]



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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1305

[STB Ex Parte No. 538]


Disclosure and Notice of Change of Rates and Other Service Terms 
for Pipeline 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 
and tariff filing requirements formerly applicable to pipeline 
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. 
ICCTA requires the Board to promulgate regulations to administer these 
new obligations by June 29, 1996. The Board proposes to add a new part 
1305 to its regulations for that purpose as set forth below.

DATES: Comments are due on June 4, 1996.

ADDRESSES: Send comments (an original and 10 copies) referring to STB 
Ex Parte No. 538 to: Surface Transportation Board, Office of the 
Secretary, Case Control Branch, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-7513. [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.
    The Board certifies that this rule, if adopted, would not have a 
significant economic effect on a substantial number of small entities. 
The proposed rules should result in easier access to pipeline rate and 
service information and to that extent our action should benefit small 
entities.
    The Board seeks comment on whether there would be effects on small 
entities that should be considered. If comments provide information 
that there would be significant effects on small entities, the Board 
will prepare a regulatory flexibility analysis at the final rule stage.
    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 1305

    Disclosure requirement, Notice requirement, Pipeline carriers.

    Decided: May 8, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Board proposes to 
add a new part 1305 to title 49, Chapter X, of the Code of Federal 
Regulations, to read as follows:

PART 1305--DISCLOSURE AND NOTICE OF CHANGE OF RATES AND OTHER 
SERVICE TERMS FOR PIPELINE COMMON CARRIAGE

Sec.
1305.1  Scope; definitions.
1305.2  Disclosure requirement for existing rates.
1305.3  Response to request for establishment of a new rate.
1305.4  Notice requirement.

    Authority: 49 U.S.C. 721(a) and 15701(e).


Sec. 1305.1  Scope; definitions.

    (a) The provisions of this part address the requirements imposed on 
pipeline carriers by 49 U.S.C. 15701(b) and 15701(c). Such requirements 
apply to pipeline carriers only with respect to the transportation of 
commodities other than water, gas, or oil.
    (b) Except as otherwise provided in paragraph (c) of this section, 
the provisions of this part apply to any transportation or service 
provided by a pipeline carrier subject to the jurisdiction of the 
Surface Transportation Board under 49 U.S.C. 15301.
    (c) The provisions of this part do not apply to any transportation 
or service provided by a pipeline carrier to the extent that such 
transportation or service is exempted from rate notice and disclosure 
requirements pursuant to 49 U.S.C. 15302.
    (d) For the purposes of this part, service terms means all 
classifications, rules, and practices that affect the rates, charges, 
or level of service for pipeline transportation.


Sec. 1305.2  Disclosure requirement for existing rates.

    (a) A pipeline carrier must disclose to any person, on 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 pipeline 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. 1305.3  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 requester, 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, 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. 1305.4  Notice Requirement.

    (a) A pipeline 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

[[Page 24475]]

electronic notice has been provided to all persons who, within the 
previous 12 months:
    (1) Have requested under section 15701(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 
increase in rates or charges or the change in service terms.

[FR Doc. 96-12277 Filed 5-14-96; 8:45 am]
BILLING CODE 4915-00-P