Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35139

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 90–214; RM–7101 and RM–

7226]

Radio Broadcasting Services;

Homerville, Lakeland, and Statenville,

GA

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: The Commission affirms the

grant of the rulemaking petition (RM–

7226) of Lakeland Broadcasters, Inc.,

permittee of a station authorized to

operate on Channel 290A, Lakeland,

Georgia, requesting an upgrade from a

Class A to a Class C3 channel. See

Memorandum Opinion and Order 58 FR

26918, May 6, 1993. In so doing, the

Commission denies the petition for

reconsideration of La Taurus

Productions, Inc. and dismisses as moot

the petition for reconsideration filed by

Southland Radio, Inc.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT: Paul

R. Gordon, Mass Media Bureau, (202)

418–2130.

SUPPLEMENTARY INFORMATION: The

Commission declined to reconsider the

allotment of Channel 248A to

Statenville, Georgia, as that

community’s first local transmission

service, and the upgrade of Channel

290A in Lakeland, Georgia, to Channel

290C3. Channel 248B can be allotted to

Statenville in compliance with the

Commission’s requirements for

minimum station distance separations

with a site restricted to 16.0 kilometers

(9.9 miles) northeast of Statenville, at

reference coordinates 30, 46, 24 North,

82, 52, 50 West. With this action, the

proceeding is terminated.

This is a summary of the

Commission’s Second Memorandum

Opinion and Order, MM Docket No. 90–

214, adopted June 21, 1996 and released

June 28, 1996. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Dockets

Branch (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

(202) 857–3800, 2100 M Street, NW.,

Suite 140, Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 96–17112 Filed 7–3–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 192

[Docket PS–124; Amdt. 192–78]

RIN 2137–AC25

Regulatory Review; Gas Pipeline

Safety Standards; Correction

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Correction of final regulation.

SUMMARY: This document corrects a

final regulation published June 6, 1996

(61 FR 28770). The final regulation

clarified the circumstances in which

pipeline operators may adjust the

boundaries of Class 2 and 3 locations

that involve clusters of buildings.

Because the regulation could have a

significant, unintended economic

impact on the gas pipeline industry, it

is corrected to remove any substantive

change to the rules governing boundary

adjustment.

EFFECTIVE DATE: July 8, 1996.

FOR FURTHER INFORMATION CONTACT: L.M.

Furrow, (202) 366–4559.

SUPPLEMENTARY INFORMATION: RSPA

revised the class location definitions

(§ 192.5) to provide clarity and

minimize the possibility of needless

design and construction expenditures

(61 FR 28783; June 6, 1996). One

revision concerned the boundary

adjustment of Class 2 and 3 locations

that involve a cluster of buildings

intended for human occupancy (old

§§ 192.5(f)(2) and (f)(3)). With this

adjustment, a Class 2 or 3 location on

a pipeline ends 220 yards from the

nearest building in the cluster. As

revised, the adjustment applies only

when all buildings in a 1-mile class

location unit (the basis for classification

under § 192.5) are in a single cluster

(new § 192.5(c)(2)).

Since the revision was published,

RSPA has learned that many operators

customarily apply the cluster

adjustment irrespective of buildings

outside the cluster. We also learned this

practice has been tacitly accepted by

RSPA enforcement personnel and may

be consistent with instruction at RSPA’s

Transportation Safety Institute. Under

these circumstances, the revised

regulation could have a significant,

unintended economic impact on the

pipeline industry. Also, because this

pipeline classification practice reflects

the adjoining population density, the

practice is consistent with pipeline

safety. Therefore, we are correcting new

§ 192.5(c)(2) so there is no substantive

change from old §§ 192.5(f)(2) and (f)(3).

Correction of Publication

Accordingly, the publication on June

6, 1996, of the final regulations in FR

Doc. 96–13787 is corrected as follows:

§ 192.5 [Corrected]

On page 28783, in the 2nd column, in

§ 192.5, paragraph (c)(2) is corrected to

read as follows:

* * * * *

(c) * * *

(2) When a cluster of buildings

intended for human occupancy requires

a Class 2 or 3 location, the class location

ends 220 yards from the nearest

building in the cluster.

Issued in Washington DC, on June 28,

1996.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 96–17111 Filed 7–3–96; 8:45 am]

BILLING CODE 4910–60–P

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: Final rules.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) eliminated the tariff

requirements formerly applicable to rail

carriers, but imposed instead certain

obligations to disclose common carriage

rates and service terms as well as a

requirement for advance notice of

increases 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 1300 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
35140 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

regulations is available to all persons for

a charge by phoning DC NEWS & DATA,

INC. at (202) 289–4357.

Small Entities

The Board certifies that these rules

will not have a significant economic

impact on a substantial number of small

entities. Although many railroads and

shippers are small entities, we believe

that the costs of compliance and other

impacts would be minimal. We note

that the rules should result in easier

access to rail 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 1300

Administrative practice and

procedure, Agricultural commodities,

Railroads, Reporting and recordkeeping

requirements.

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 and under the authority of 49

U.S.C. 721(a), title 49, Chapter X of the

Code of Federal Regulations is 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).

§ 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

(repealed effective January 1, 1996).

(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

(repealed effective January 1, 1996).

(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.

§ 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 the rate(s). For purposes of

§ 1300.4(a)(1) of this part, a formal

request under this part is one that

clearly notifies the railroad that the

requester seeks not only immediate

information but also notification of any

future increases in the rate(s) involved

or changes in pertinent service terms.

(b) The information provided by a rail

carrier under this section must be

provided immediately. (It is expected

that the response will be sent within

hours, or at least by the next business

day, in most situations.) Such

information may be provided either in

written or electronic form as agreed to

by the parties. If the parties cannot

agree, such information is to be

provided in electronic (non-passive)

form where both parties have the

requisite capabilities; otherwise, it is to

be provided in writing.

(c) A rail carrier may, at its option,

require that all requests submitted

under this section be in written or

electronic form, although the carrier

may permit oral requests.

§ 1300.3 Response to request for

establishment of a new rate.

Where a shipper or a prospective

shipper or 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 written or electronic

form, as agreed to by the parties. If the

parties cannot agree, such information is

to be provided in electronic (nonpassive) 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 reasonably possible, but no later than

10 business days from the receipt of the

additional information. (However, the

parties may agree to a different time

period, in which case these time periods

would not apply.) A rail carrier may, at

its option, require that requests

submitted under this section be in

written or electronic form, although the

carrier may permit oral requests.

§ 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

§§ 1300.2 or 1300.3 of this part the

affected rates or service terms; or

(2) Have made arrangements with the

carrier for a future shipment that would

be subject to the increased rates or

changed service terms.

(b) The notice required by this section

may be in written or electronic form, as

agreed to by the parties. If the parties

cannot agree, the information is to be

provided in electronic (non-passive)

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 increases in

rates or charges or the changes in

service terms.
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