Released Rates of Motor Common Carriers of Household Goods, 19234-19235 [E6-5503]

Download as PDF 19234 Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Notices Application No. 14096–M 11924–M 11903–M 11241–M ........... ........... ........... ........... Estimated date of completion Reason for delay Applicant United States Enrichment Corporation (USEC), Paducah, KY ................................................ Wrangler Corporation, Auburn, ME .......................................................................................... Comptank Corporation, Bothwell, ON ...................................................................................... Rohm and Haas Co., Philadelphia, PA .................................................................................... 4 4 4 1 04–30–2006 05–31–2006 06–30–2006 05–31–2006 4 4 4 1 4 4 4 4 4 4 4 4 4 4 4 1 1 4 4 4 4 1 1 4 4 3 4 05–31–2006 06–30–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 04–30–2006 05–31–2006 06–30–2006 04–30–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 06–30–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 05–31–2006 06–30–2006 NEW EXEMPTION APPLICATIONS 13266–N 14138–N 14163–N 14228–N 14212–N 14209–N 14221–N 14218–N 14197–N 14199–N 14184–N 14167–N 14263–N 14257–N 14252–N 14237–N 14239–N 14233–N 14232–N 14229–N 14141–N 14038–N 13999–N 13582–N 13563–N 13341–N 13347–N ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... Luxfer Gas Cylinders, Riverside, CA ........................................................................................ INO Therapeutics, Inc., Port Allen, LA ..................................................................................... Air Liquide America L.P., Houston, TX .................................................................................... Goodrich Corporation, Colorado Springs, CO .......................................................................... Clean Harbors Environmental Services, Inc., North Andover, MA .......................................... ABB Power Technologies AB, Alamo, TN ............................................................................... U.S. Department of Energy, Washington, DC .......................................................................... Air Logistics of Alaska, Inc., Fairbanks, AK ............................................................................. GATX Rail Corporation, Chicago, IL ........................................................................................ RACCA, Plymouth, MA ............................................................................................................. Global Refrigerants, Inc., Denver, CO ..................................................................................... Trinityrail, Dallas, TX ................................................................................................................ U.S. Department of Energy (DOE), Washington, DC .............................................................. Origin Energy American Samoa, Inc., Pago Pago, AS ............................................................ Hobo Incorporated, Lakeville, MN ............................................................................................ Advanced Technology Materials, Inc. (ATMI), Danbury, CT ................................................... Marlin Gas Transport, Inc., Odessa, FL ................................................................................... U.S. Department of Energy (DOE), Richland, WA ................................................................... Luxfer Gas Cylinders—Composite, Cylinder Division, Riverside, CA ...................................... Senex Explosives, Inc., Cuddy, PA .......................................................................................... Nalco Company, Naperville, IL ................................................................................................. Dow Chemical Company, Midland, MI ..................................................................................... Kompozit-Praha s.r.o. Dysina u Plzne, Czech Republic, CZ ................................................... Linde Gas LLC (Linde), Independence, OH ............................................................................. Applied Companies, Valencia, CA ........................................................................................... National Propane Gas Association, Washington, DC .............................................................. Amvac Chemical Corporation, Los Angeles, CA ..................................................................... [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339]. [FR Doc. 06–3558 Filed 4–12–06; 8:45 am] BILLING CODE 4910–60–M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 519 (Sub-No. 3)] Notice of National Grain Car Council Meeting AGENCY: Surface Transportation Board, DOT. Notice of National Grain Car Council meeting. ACTION: Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law No. 92–463, as amended (5 U.S.C., App. 2). DATES: The meeting will be held on May 8, 2006, beginning at 11 a.m., E.D.T. ADDRESSES: The meeting will be held in the Linda J. Morgan Hearing Room (7th Floor) at the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. FOR FURTHER INFORMATION CONTACT: Jamie Rennert, (202) 565–1519. HSRObinson on PROD1PC61 with NOTICES SUMMARY: VerDate Aug<31>2005 14:20 Apr 12, 2006 Jkt 208001 This action will not significantly affect either the quality of the human environment or the conservation of energy resources. The NGCC arose from a proceeding instituted by the Surface Transportation Board’s (Board) predecessor agency, the Interstate Commerce Commission (ICC), in National Grain Car Supply— Conference of Interested Parties, Ex Parte No. 519. The NGCC was formed as a working group to facilitate privatesector solutions and recommendations to the ICC (and now the Board) on matters affecting grain transportation. The purpose of this meeting is to continue discussions of private-sector solutions to problems related to the availability of railroad cars for distribution and transportation of grain. In particular, rail carrier members will report on their preparedness to transport the Fall grain harvest. The meeting, which is open to the public, will be conducted pursuant to the NGCC’s charter and Board procedures. Further communications about this meeting may be announced through the Board’s Web site at https:// www.stb.dot.gov. Decided: April 7, 2006. By the Board, Chairman Buttrey and Vice Chairman Mulvey. Vernon A. Williams, Secretary. [FR Doc. E6–5505 Filed 4–12–06; 8:45 am] SUPPLEMENTARY INFORMATION: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Amendment No. 4 to Released Rates Decision No. MC–999] Released Rates of Motor Common Carriers of Household Goods AGENCY: Surface Transportation Board, DOT. Notice of filing of an application to amend released rates provisions for motor carrier shipments of household goods and request for public comments. ACTION: SUMMARY: The Household Goods Carriers’ Bureau Committee (Committee), on behalf of its member E:\FR\FM\13APN1.SGM 13APN1 HSRObinson on PROD1PC61 with NOTICES Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Notices motor carriers, seeks authority to amend Released Rates Decision No. MC–999 by changing the index used for annual adjustments to the minimum per-pound valuation and to the charges for protecting the full value of shipments of household goods. DATES: Comments are due May 15, 2006. ADDRESSES: Send an original and 10 copies of any comments, referring to Amendment No. 4 to Released Rates Decision No. MC–999, to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. In addition, send one copy of any comments to the Committee’s representative, Thomas M. Auchincloss, Jr., 1707 L Street, NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Lawrence C. Herzig, (202) 565–1578. [Federal Information Relay Service (FIRS) for the hearing impaired: 1–800– 877–8339]. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 14706(a)(1), motor carriers of household goods ordinarily are liable for the actual loss or injury that they cause to the property they transport. However, under 49 U.S.C. 14706(f), a household goods carrier may establish, with the Board’s permission, ‘‘released rates,’’ under which the carrier’s liability is limited to a value established by written declaration of the shipper or by written agreement between the carrier and shipper. In a decision in this proceeding served on December 21, 2001 (December 2001 Decision), the Board authorized the Household Goods Carriers’ Bureau Committee (the Committee), which is composed of motor carriers of household goods, to change the terms under which its member motor carriers may limit their liability for damage to, or loss of, household goods in their care.1 The December 2001 Decision authorized carriers to provide household goods shippers with two options concerning the level of cargo liability to be assumed by the carrier, depending upon the level of the rate that the shipper wishes to pay for the transportation of its goods. Under one option, the carrier’s cargo liability would be limited to 60 cents per pound, per article, and the shipper would pay only a base rate for the shipment. Alternatively, for an additional charge, the shipper could obtain ‘‘full value protection’’ (FVP) for the shipped goods, meaning that the carrier would be liable 1 In a subsequent decision served April 22, 2002, the Board clarified that the approach authorized in the December 2001 Decision may be used by carriers that are not members of the Committee, as well as those that are. VerDate Aug<31>2005 14:20 Apr 12, 2006 Jkt 208001 for the replacement value of lost or damaged goods (up to the pre-declared value of the shipment) or, at the carrier’s option, for restoring damaged goods to their prior condition. The second, or FVP, option established charges that would apply to various levels of valuations. It also provided for a minimum declared value of $4.00 per pound (or a lump sum of $5,000, whichever is greater). That means that, if a shipper does not write in a valuation, or writes in a declared valuation lower than $4.00 per pound, the minimum declared value that would be deemed to apply to that shipment is the value derived by multiplying the weight of the shipment in pounds by $4.00, and the shipper would pay a charge based on that valuation. The December 2001 Decision also authorized the Committee to make annual adjustments, without prior Board approval, to this minimum perpound valuation and also to the charges that would apply when a shipper selects FVP. The annual adjustments that the agency approved were based on changes in the household furnishings and operations index, a subgroup within the Consumer Price Index (CPI), U.S. City Average, published by the Bureau of Labor Statistics (BLS) of the United States Department of Labor. The Committee has now asked us to modify the December 2001 Decision, so that, instead of using the household furnishings and operations index to benchmark the annual adjustments to the minimum per-pound valuation and FVP charges, its members would now use data from BLS’s Consumer Price Index—All Urban Consumers (All Items) (CPI-U). The Committee states that the household furnishings and operations index (which has recorded insignificant movement since the base year 1999 and has not resulted in any valuation or charges adjustments since the Board authorized its use in the December 2001 Decision) is inappropriate for calculating annual adjustments because several components of the former household furnishings index subgroup were moved to other major groups. In addition, the Committee cites a BLS publication indicating that CPI subgroup indexes are subject to a substantially greater sampling error than the national CPI, and for that reason, it strongly urges users to consider the CPI-U for use in escalator clauses.2 The Committee indicates that approval of the proposed amendment 2 BLS Handbook of Methods, Chapter 17 at 4, available at https://www.bls.gov/opub/ proghome.htm. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 19235 would permit household goods carriers immediately to take an increase of 16.7% in the minimum per-pound valuation and in their charges for FVP coverage for shipments of household goods. We invite comments on the proposed amendment from interested members of the public. We will also serve this decision on the parties that provided comments concerning the December 2001 Decision and invite their comments on the proposed amendment. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 6, 2006. By the Board, Chairman Buttrey and Vice Chairman Mulvey. Vernon A. Williams, Secretary. [FR Doc. E6–5503 Filed 4–12–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–586 (Sub-No. 2X)] North Central Railway Association, Inc.—Abandonment Exemption—in Hardin County, IA North Central Railway Association, Inc. (NCRA), has filed a notice of exemption under 49 CFR 1152 subpart F—Exempt Abandonments to abandon and discontinue service over a 10.54mile line of railroad between milepost 201.46, near Ackley, IA, and milepost 212.00, near Steamboat Rock, IA, in Hardin County, IA.1 The line traverses United States Postal Service Zip Codes 50672, 50671, and 50601. NCRA has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line that would have to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 1 NCRA’s notice of exemption identified the issue line as an 11.70-mile rail line, from milepost 200.30 to milepost 212.00. Subsequently, NCRA was advised of an ongoing need for car interchange and switch moves over a portion of the line between mileposts 200.36 and 201.46. Therefore, by letter filed on March 31, 2006, NCRA amended its notice to pertain to the line segment from milepost 201.46 to milepost 212.00. E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Notices]
[Pages 19234-19235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5503]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Amendment No. 4 to Released Rates Decision No. MC-999]


Released Rates of Motor Common Carriers of Household Goods

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of filing of an application to amend released rates 
provisions for motor carrier shipments of household goods and request 
for public comments.

-----------------------------------------------------------------------

SUMMARY: The Household Goods Carriers' Bureau Committee (Committee), on 
behalf of its member

[[Page 19235]]

motor carriers, seeks authority to amend Released Rates Decision No. 
MC-999 by changing the index used for annual adjustments to the minimum 
per-pound valuation and to the charges for protecting the full value of 
shipments of household goods.

DATES: Comments are due May 15, 2006.

ADDRESSES: Send an original and 10 copies of any comments, referring to 
Amendment No. 4 to Released Rates Decision No. MC-999, to: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In 
addition, send one copy of any comments to the Committee's 
representative, Thomas M. Auchincloss, Jr., 1707 L Street, NW., 
Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Lawrence C. Herzig, (202) 565-1578. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339].

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 14706(a)(1), motor carriers 
of household goods ordinarily are liable for the actual loss or injury 
that they cause to the property they transport. However, under 49 
U.S.C. 14706(f), a household goods carrier may establish, with the 
Board's permission, ``released rates,'' under which the carrier's 
liability is limited to a value established by written declaration of 
the shipper or by written agreement between the carrier and shipper.
    In a decision in this proceeding served on December 21, 2001 
(December 2001 Decision), the Board authorized the Household Goods 
Carriers' Bureau Committee (the Committee), which is composed of motor 
carriers of household goods, to change the terms under which its member 
motor carriers may limit their liability for damage to, or loss of, 
household goods in their care.\1\ The December 2001 Decision authorized 
carriers to provide household goods shippers with two options 
concerning the level of cargo liability to be assumed by the carrier, 
depending upon the level of the rate that the shipper wishes to pay for 
the transportation of its goods. Under one option, the carrier's cargo 
liability would be limited to 60 cents per pound, per article, and the 
shipper would pay only a base rate for the shipment. Alternatively, for 
an additional charge, the shipper could obtain ``full value 
protection'' (FVP) for the shipped goods, meaning that the carrier 
would be liable for the replacement value of lost or damaged goods (up 
to the pre-declared value of the shipment) or, at the carrier's option, 
for restoring damaged goods to their prior condition.
---------------------------------------------------------------------------

    \1\ In a subsequent decision served April 22, 2002, the Board 
clarified that the approach authorized in the December 2001 Decision 
may be used by carriers that are not members of the Committee, as 
well as those that are.
---------------------------------------------------------------------------

    The second, or FVP, option established charges that would apply to 
various levels of valuations. It also provided for a minimum declared 
value of $4.00 per pound (or a lump sum of $5,000, whichever is 
greater). That means that, if a shipper does not write in a valuation, 
or writes in a declared valuation lower than $4.00 per pound, the 
minimum declared value that would be deemed to apply to that shipment 
is the value derived by multiplying the weight of the shipment in 
pounds by $4.00, and the shipper would pay a charge based on that 
valuation.
    The December 2001 Decision also authorized the Committee to make 
annual adjustments, without prior Board approval, to this minimum per-
pound valuation and also to the charges that would apply when a shipper 
selects FVP. The annual adjustments that the agency approved were based 
on changes in the household furnishings and operations index, a 
subgroup within the Consumer Price Index (CPI), U.S. City Average, 
published by the Bureau of Labor Statistics (BLS) of the United States 
Department of Labor.
    The Committee has now asked us to modify the December 2001 
Decision, so that, instead of using the household furnishings and 
operations index to benchmark the annual adjustments to the minimum 
per-pound valuation and FVP charges, its members would now use data 
from BLS's Consumer Price Index--All Urban Consumers (All Items) (CPI-
U). The Committee states that the household furnishings and operations 
index (which has recorded insignificant movement since the base year 
1999 and has not resulted in any valuation or charges adjustments since 
the Board authorized its use in the December 2001 Decision) is 
inappropriate for calculating annual adjustments because several 
components of the former household furnishings index subgroup were 
moved to other major groups. In addition, the Committee cites a BLS 
publication indicating that CPI subgroup indexes are subject to a 
substantially greater sampling error than the national CPI, and for 
that reason, it strongly urges users to consider the CPI-U for use in 
escalator clauses.\2\
---------------------------------------------------------------------------

    \2\ BLS Handbook of Methods, Chapter 17 at 4, available at 
https://www.bls.gov/opub/proghome.htm.
---------------------------------------------------------------------------

    The Committee indicates that approval of the proposed amendment 
would permit household goods carriers immediately to take an increase 
of 16.7% in the minimum per-pound valuation and in their charges for 
FVP coverage for shipments of household goods.
    We invite comments on the proposed amendment from interested 
members of the public. We will also serve this decision on the parties 
that provided comments concerning the December 2001 Decision and invite 
their comments on the proposed amendment.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 6, 2006.

    By the Board, Chairman Buttrey and Vice Chairman Mulvey.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-5503 Filed 4-12-06; 8:45 am]
BILLING CODE 4915-01-P

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