[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Proposed Rules]
[Pages 9419-9420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5513]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1312

[Ex Parte No. MC-211]


Revisions of Tariff Regulations--Indexes

AGENCY: Surface Transportation Board (Board).1

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took 
effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Board. Section 204(b)(1) of the Act 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 
Act. Although the motor carrier tariff filing provisions were 
sharply curtailed in the ICCTA and in prior legislation, they were 
not entirely repealed. Therefore, this pending proceeding is not 
being terminated pursuant to the provisions of section 204(b)(3) of 
the ICCTA, which calls for termination of cases that involve 
functions eliminated by the ICCTA. Rather, as a proceeding that was 
pending with the ICC prior to January 1, 1996, it is governed by the 
law in effect prior to January 1, 1996.
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ACTION: Withdrawal of Proposed Rule.

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SUMMARY: The Board is withdrawing a proposed rule regarding the 
indexing of tariffs because intervening legislation has made the rule 
unnecessary.

DATES: The withdrawal is made on March 8, 1996.

FOR FURTHER INFORMATION CONTACT: Michael L. Martin, (202) 927-6033; 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: In a Notice of Proposed Rulemaking published 
at 58 FR 42277 (August 9, 1993), the ICC proposed a rule to require 
tariffs to contain indexes, unless the information in the tariff is 
arranged in a pattern readily discernible to tariff users. The 
proceeding was initiated in part in response to a directive contained 
in a Senate report,2 and in part in recognition of the burdens 
associated with using tariffs that could contain well over 100,000 
unindexed pages.

    \2\ Senate Report No. 102-351, dated July 30, 1992, accompanying 
the U.S. Department of Transportation and Related Agencies 
Appropriations Bill, 1993.
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    Most, if not all, of the large, unindexed tariffs were discount 
tariffs that were filed by individual motor common carriers. However, 
the Trucking Industry Regulatory Reform 

[[Page 9420]]
Act of 1994 3 repealed the tariff filing requirement for 
individually (as distinguished from collectively) set rates of motor 
common carriers of property (other than household goods and carriers 
involved with water carriers in the noncontiguous domestic trade), and 
voided such tariffs. Because the tariffs that precipitated the proposal 
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for indexing are no longer filed, we are terminating this proceeding.

    \3\ Pub. L. 103-311, 108 Stat. 1683, enacted August 26, 1994.
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    Authority: 49 U.S.C. 10321.
    Decided: February 23, 1996.

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

[FR Doc. 96-5513 Filed 3-7-96; 8:45 am]
BILLING CODE 4915-00-P