Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35141

§ 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, the nature of those changes

and their effective dates.

(c) A rail carrier must make the

information available at offices where it

normally keeps rate information. 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. 96–16989 Filed 7–3–96; 8:45 am]

BILLING CODE 4915–00–P

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: Final rules.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) eliminated the tariff

requirements formerly applicable to

pipeline carriers transporting

commodities other than water, gas or

oil. Instead, the ICCTA imposed certain

obligations to disclose rates and service

terms, as well as a requirement for

advance notice of an increase in such

rates or a change in service terms. The

ICCTA requires the Board to promulgate

regulations to administer these new

obligations by June 29, 1996. The Board

adds a new part 1305 to its regulations

for that purpose.

EFFECTIVE DATE: These rules are effective

August 4, 1996.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5660. [TDD for

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

SUPPLEMENTARY INFORMATION: The

Board’s decision adopting these

regulations is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

A notice of proposed rulemaking was

published in the Federal Register on

May 15, 1996 at 61 FR 24474.

Small Entities

The Board certifies that this rule will

not have a significant economic effect

on a substantial number of small

entities. The rules should result in

easier access to pipeline rate and service

information, and, to that extent, our

action should benefit small entities.

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 1305

Pipelines, Reporting and

recordkeeping requirements,

Transportation.

Decided: June 27, 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 adds 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).

§ 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.

§ 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 those rate(s).

(b) The information provided by a

pipeline carrier under this section must

be provided immediately. (It is expected

that the response will be sent within

hours, or at the latest by the next

business day, in most situations.) Such

information may be provided either in

writing or in electronic form, as agreed

to by the parties. If the parties cannot

agree, such information is to be

provided in electronic form where both

parties have the requisite capabilities;

otherwise, it is to be provided in

writing.

(c) A pipeline carrier may, at its

option, require that all requests
35142 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

submitted under this section be in

writing or electronic form, or the carrier

may permit oral requests.

§ 1305.3 Response to request for

establishment of a new rate.

Where a shipper or a prospective

shipper, or a person acting on behalf of

a shipper or a prospective shipper,

requests that the carrier establish a rate

in the absence of an existing rate for

particular transportation, the carrier

must promptly establish and provide to

the requester a rate and applicable

service terms. The information may be

provided either in writing or in

electronic form, as agreed to by the

parties. If the parties cannot agree, such

information is to be provided in

electronic form where both parties have

the requisite capabilities; otherwise, it is

to be provided in writing. 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, as soon

as possible, but no later than 10

business days. The time period for

response set forth in this section will

not apply when the parties agree to a

different time period. A pipeline carrier

may, at its option, require that requests

submitted under this section be in

writing or electronic form, or the carrier

may permit oral requests.

§ 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

electronic notice has been provided to

all persons who, within the previous 12

months:

(1) Have requested, under § 1305.2 or

§ 1305.3, the affected rates or service

terms; or

(2) Have made arrangements with the

carrier for a shipment that would be

subject to the increased rates or changed

service terms.

(b) The notice required by this section

may be provided either in writing or in

electronic form, as agreed to by the

parties. If the parties cannot agree, the

information is to be provided in

electronic form where both parties have

the requisite capabilities; otherwise, it is

to be provided in writing.

(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. 96–16990 Filed 7–3–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 062896B]

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Exempted Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Additions and modifications to

fishery exemptions.

SUMMARY: NMFS issues this notification

to authorize new fishery exemptions

and to modify an existing exemption

under the regulations implementing the

Northeast Multispecies Fishery

Management Plan (FMP). This

notification advises the public of three

additional exempted fisheries to be

conducted in the Gulf of Maine/Georges

Bank (GOM/GB) and Southern New

England (SNE) regulated mesh areas,

adds restrictions to an existing

exempted fishery, and adds two species

to the list of allowed bycatch species in

the Cultivator Shoal whiting exemption

program. The intent of this notification

is to maximize fishing opportunities in

a manner that is consistent with the

conservation objectives of the FMP.

EFFECTIVE DATE: The GOM/GB monkfish

exempted fishery is effective from July

1, 1996, through September 14, 1996.

The GOM/GB dogfish exempted fishery

is effective from July 1, 1996, through

August 31, 1996. The SNE monkfish

exempted fishery is effective from July

1, 1996, through October 31, 1996. The

SNE dogfish exempted fishery

modifications are effective from July 29,

1996 through October 31, 1996. The

Cultivator Shoals whiting exemption

program bycatch modification is

effective from July 1, 1996, through

December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan A. Murphy, Fishery Policy

Analyst, 508–281–9252.

SUPPLEMENTARY INFORMATION:

Regulations implementing Amendment

7 to the FMP are effective on July 1,

1996 (61 FR 27710, May 31, 1996).

These regulations implement a

comprehensive set of measures to

control fishing mortality and rebuild the

primary stocks of regulated

multispecies. Among the specific

measures is a bycatch control measure

that prohibits prosecution of any fishery

that has not been determined to have a

minimal bycatch of regulated

multispecies.

The bycatch control restriction is

applied on a fishery basis in each of two

specific geographical areas, referred to

as regulated mesh areas: GOM/GB and

SNE. A vessel may not fish in these

areas unless it is fishing lawfully in the

multispecies fishery, under a scallop

days-at-sea allocation, with exempted

gear, or in an exempted fishery. A list

of the exempted fisheries that have been

previously determined to meet the

bycatch criteria and that may currently

be conducted in each area appears in

§ 648.80.

Additions or deletions to the list of

exempted fisheries may be authorized

by the Director, Northeast Region,

NMFS (Regional Director), if he/she

determines that the bycatch of regulated

species is, or can be reduced to, less

than 5 percent by weight of the total

catch and that such exemption will not

jeopardize fishing mortality objectives

(§ 648.80(a)(7), (c)(5), and (d)(4)). The

Regional Director is also authorized to

impose specific gear and area

limitations to exempted fisheries.

Proposals for exemptions were

submitted by members of the fishing

industry and have been examined by the

NMFS Northeast Fisheries Science

Center. The proposals were to allow a

sink gillnet fishery for monkfish and

dogfish and to allow squid (two species)

to be retained as bycatch in the

Cultivator Shoals whiting fishery within

the GOM/GB area. Based on the data

available, the Regional Director has

determined that these fisheries meet the

exemption criteria in specific areas

during limited open seasons and under

certain minimum mesh-size restrictions.

GOM/GB Monkfish Exempted Fishery

For the period July 1, 1996, through

September 14, 1996, an exempted

fishery for monkfish may be conducted

by vessels using sink gillnet gear within

a specific portion of the GOM/GB

regulated mesh area. This is defined by

connecting the following coordinates:

Latitude Longitude

41°35′ N. 70°00′ W.

42°49.5′ N. 70°00′ W.