[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30181-30182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15161]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board <SUP>1
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the ICCTA), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC or Commission) and transferred certain functions and 
proceedings to the Surface Transportation Board (Board). While 
section 204(b)(1) of the ICCTA provides, in general, that 
proceedings pending before the ICC on the effective date of that 
legislation shall be decided under the law in effect prior to 
January 1, 1996, insofar as they involve functions retained by the 
ICCTA, the action at issue here, the adoption of new rules with 
application to future transportation and future tariff filings, 
necessitates analysis under the new law, and, therefore, this 
document applies the law in effect after enactment of the ICCTA. 
Citations are to the current sections of the statute, unless 
otherwise indicated. This document relates to a proceeding that was 
pending with the ICC prior to January 1, 1996, and to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 13701-02 and 
13521.
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49 CFR Part 1312

[Ex Parte No. MC-220]


The Municipality of Anchorage, AK--Notices for Rate Increases for 
Alaska Intermodal Motor/Water Traffic; Petition for Rulemaking

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Board is adopting a change in its regulations to require 
carriers filing new short-notice publications to send the filings to 
the subscriber not later than the time the copies for official filing 
are sent to the Board (unless the subscriber agrees in advance in 
writing that the publication may be sent to the subscriber within 5 
working days after the time the copies are sent to the Board). This 
change will give subscribers earlier notice before the new rate goes 
into effect.

EFFECTIVE DATE: The final rule is effective July 14, 1996.


[[Page 30182]]


FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The Commission instituted a rulemaking 
proceeding (60 FR 39143, August 1, 1995) in response to a petition 
filed May 25, 1994, by the Municipality of Anchorage, AK. Petitioner 
requested, inter alia, that short notice increase publications for 
intermodal motor/water service to and from Alaska be sent to 
subscribers the same day the filings are sent to the Commission 
[Board]. The full text of the new regulation is set forth below. The 
Board is requiring that short notice publications, including (1) short 
notice publications involving all noncontiguous domestic trade traffic, 
and not only the intermodal Alaska trade; and (2) rate decreases as 
well as increases, generally be sent to subscribers on the date the 
publications are sent to the Board for filing.
    Additional information is contained in the Board's decision. To 
obtain a copy of the full decision, write to, call, or pick up in 
person from: DC NEWS & DATA, INC., Room 2229, 1201 Constitution Avenue, 
N.W., Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance 
for the hearing impaired is available through TDD services (202) 927-
5721.]

Regulatory Flexibility Analysis

    We certify that the new regulation will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) 
because the rule affects only the mailing date for notification.

Environmental and Energy Considerations

    The rule will not significantly affect either the quality of the 
human environment or the conservation of energy resources because the 
proposal merely changes time frames for notice. We conclude that an 
environmental assessment is not necessary under our regulations because 
the proposed action would not result in changes in carrier operations 
that exceed the thresholds established in our regulations. See 49 CFR 
1105.6(c)(2).

List of Subjects in 49 CFR Part 1312

    Freight forwarders, Maritime carriers, Motor carriers, Moving of 
household goods, Pipelines.

    Decided: May 29, 1996.

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

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1312 is amended as follows:

PART 1312--REGULATIONS FOR THE PUBLICATION, POSTING AND FILING OF 
TARIFFS, SCHEDULES AND RELATED DOCUMENTS OF MOTOR, PIPELINE AND 
WATER CARRIERS, AND HOUSEHOLD GOODS FREIGHT FORWARDERS

    1. The authority citation for part 1312 is revised to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 721, 13701, 13702, and 13521.

    2. Section 1312.6, paragraph (b)(2) is revised to read as follows:


Sec. 1312.6  Furnishing copies of tariff publications.

* * * * *
    (b) * * *
    (2) Newly-issued tariffs, supplements, or loose-leaf pages, 
including short-notice publications, shall be sent to each subscriber 
not later than the time the copies for official filing are sent to the 
Board, except that with the advance, written permission of the 
subscriber, any publication may be sent not later than 5 working days 
after the time the copies are sent to the Board.
* * * * *
[FR Doc. 96-15161 Filed 6-13-96; 8:45 am]
BILLING CODE 4915-00-P