[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Notices]
[Page 27946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13802]



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SURFACE TRANSPORTATION BOARD

[STB Special Tariff Authority No. 1] <SUP>1


Petition To Allow Short-Term Notice of Fuel Cost-Related 
Increases

AGENCY: Surface  Transportation Board.

    \1\ Formerly docketed as Special Tariff Authority No. 9601.
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ACTION: Notice of decision.

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SUMMARY: On April 16, 1996, the American Trucking Associations, Inc., 
the Interstate Truckload Carriers Conference, and the American Movers 
Conference (collectively petitioners) jointly requested the Surface 
Transportation Board (Board) to permit motor carriers still subject to 
statutory tariff-filing requirements to implement fuel-related 
surcharges on one day's notice. After receiving public comment on 
petitioners' request, the Board has decided to deny the relief sought.

DATES: This action is effective on May 28, 1996.

FOR FURTHER INFORMATION CONTACT: Ronald A. Hall, (202) 927-5639.
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Petitioners sought blanket short-notice rate 
increase authority to facilitate prompt recovery of increased fuel 
costs incurred by household goods carriers and carriers participating 
in joint motor/water rates in the noncontiguous domestic trade. In our 
decision served April 19, 1996, we concluded that, although they must 
themselves maintain tariffs, household goods carriers do not need short 
notice relief because, like most other motor carriers, they do not file 
tariffs with the Board, nor are their tariffs subject to the Board's 
tariff filing regulations at 49 CFR Part 1312; thus, they may adjust 
their rates to deal with fuel cost increases free from the Board's 
oversight. Noting that it was unclear whether rising fuel costs had a 
substantial impact ``on the extremely limited amount of service that 
remains subject to the Board's tariff-filing jurisdiction, and hence 
over which the Board has authority to grant the relief sought by 
petitioners,'' we sought comment on petitioners' request as it pertains 
to motor carriers providing joint-rate service with water carriers in 
the noncontiguous domestic trade.
    We received only one comment, from the Distilled Spirits Council of 
the United States, Inc. (DISCUS). DISCUS opposes the relief sought.
    We are denying the relief sought. The initial petition presented 
general information on fuel price increases, but no interest responded 
to our request for input on the impact that rising fuel costs have had 
on the noncontiguous domestic trade. Moreover, it appears that recent 
fuel price increases have leveled off. According to information from 
the U.S. Department of Energy's periodic survey, diesel fuel prices 
appear to have peaked during the second half of April, and have since 
begun to stabilize and even drop. Even on the West Coast--the region 
hit the hardest by the recent fuel price increases--prices have 
stabilized since the beginning of the month.
    We recently granted individual applications of two carriers--one 
water carrier and one motor carrier--seeking relief from the 7-day 
rule.<SUP>2 We will continue to entertain individual requests for 
relief when appropriate. It does not appear on this record, however, 
that an across-the-board waiver is warranted.
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    \2\ Fuel Surcharge Increase on One Day's Notice (Crowley Marine 
Services, Inc.), Special Tariff Authority No. 2 (STB May 6, 1996); 
Fuel Surcharge Increase on One Day's Notice (Viking Freight Systems, 
Inc.), Special Tariff Authority No. 3 (STB May 10, 1996).
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    Accordingly, we deny the broad relief sought here.
    It is ordered:
    The petition is denied.

Small Entities

    This action will not have significant economic effects on a 
substantial number of small entities.

Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 20, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-13802 Filed 5-31-96; 8:45 am]
BILLING CODE 4915-00-P