Water Carrier Tariff Filing Procedures, 20292-20296 [2019-09564]
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Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules and Regulations
State citation
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3. Section 52.2023 is amended by
adding reserved paragraph (l) and
adding paragraph (m) to read as follows:
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§ 52.2023
State effective
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Title/subject
EPA approval date
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Additional explanation/ § 52.2063 citation
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(7) * * *
(iv) Delivery or performance schedule.
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[FR Doc. 2019–09628 Filed 5–8–19; 8:45 am]
BILLING CODE 1301–00–D
Approval status.
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(m) EPA conditionally approves
Pennsylvania’s 25 Pa Code sections
129.98 and 129.99 submitted on May 16,
2016 to address the reasonably available
control technology (RACT) requirements
under CAA sections 182(b)(2)(C), 182(f),
and 184 under the 1997 and 2008
8-hour ozone NAAQS. Pursuant to CAA
section 110(k)(4), this conditional
approval is based upon a September 26,
2017 letter from Pennsylvania to submit
to EPA, no later than 12 months from
EPA’s final conditional approval,
additional SIP revisions to address the
deficiencies identified. The SIP
revisions, to be submitted by
Pennsylvania, include:
(1) All facility-wide or system-wide
averaging plans approved by PADEP
under 25 Pa Code 129.98 including but
not limited to any terms and conditions
that ensure the enforceability of the
averaging plan as a practical matter, and
(2) All source-specific RACT
determinations approved by PADEP
under 25 Pa Code 129.99, including any
alternative compliance schedules
approved under §§ 129.97(k) and
129.99(i); the source-specific RACT
determinations submitted to EPA for
approval into the SIP shall include any
terms and conditions that ensure the
enforceability of the source-specific
RACT emission limitation as a practical
matter.
[FR Doc. 2019–09478 Filed 5–8–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL ACQUISITION REGULATION
48 CFR Ch. 1
Types of Contracts
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapter 1 (Parts 1 to 51),
revised as of October 1, 2018, on page
389, in § 16.505, paragraph (a)(7)(iv) is
reinstated to read as follows:
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§ 16.505
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Ordering.
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SURFACE TRANSPORTATION BOARD
49 CFR Parts 1002 and 1312
[Docket No. EP 743]
Water Carrier Tariff Filing Procedures
Surface Transportation Board.
Final rule.
AGENCY:
ACTION:
The Surface Transportation
Board (STB or Board) adopts a new
procedure for water carriers operating in
the noncontiguous domestic trade to
electronically publish, file, and keep
tariffs available for public inspection.
DATES: This rule is effective on June 8,
2019.
ADDRESSES: Requests for information or
questions regarding this final rule
should reference Docket No. EP 743 and
be submitted via the Board’s e-filing
format or in writing addressed to: Chief,
Section of Administration, Office of
Proceedings, Surface Transportation
Board, 395 E Street SW, Washington, DC
20423–0001. Any person using e-filing
should attach a document and otherwise
comply with the instructions found on
the Board’s website at www.stb.gov at
the E-Filing link.
FOR FURTHER INFORMATION CONTACT:
Michael Higgins at 202–245–0284.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: In April
2017, the Board established its
Regulatory Reform Task Force (RRTF) to
comply with the spirit of Executive
Order 13777. The primary objective of
the RRTF is to identify Board rules and
practices that are burdensome,
unnecessary, or outdated and to
recommend how they should be
addressed. See Regulatory Reform Task
Force, EP 738 (STB served June 20,
2017). The RRTF identified the current
water carrier tariff regulations at 49 CFR
part 1312 as imposing unnecessary costs
on the carriers as well as the Board. See
RRTF 90-Day Status Report (issued May
25, 2017); RRTF Status Report (issued
SUMMARY:
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Nov. 21, 2017).1 Water carriers
operating in the noncontiguous
domestic trade 2 are required to publish,
file, and keep available for public
inspection tariffs setting forth their
rates, charges, rules, and classifications.
49 U.S.C. 13702(a)–(b).3 The Board’s
current regulations for filing water
carrier tariffs contemplate the filings of
tariffs with the Board in paper format.
However, the Board has granted Special
Tariff Authority—relief from the current
regulations on a case-by-case basis—to
allow water carriers to file their tariffs
in alternative electronic formats,
typically email.4 For many carriers,
these email submissions are a daily
occurrence.
The Board issued a notice of proposed
rulemaking that proposed to update the
regulations to allow water carriers 5 to
electronically publish, file, and keep
tariffs available for public inspection.
Water Carrier Tariff Filing Procedures
(NPRM), EP 743 (STB served Dec. 21,
2018) (83 FR 66229).6 The Board
received comments on the NPRM from
Tropical Shipping and Construction Co.,
Ltd. (Tropical), The Pasha Group
(Pasha), and TOTE, LLC (TOTE). After
considering the comments, the Board is
adopting the rule proposed in the
NPRM, without substantive change, as a
final rule. The text of the final rule is
below.
Proposed Rule. The NPRM proposed
to revise 49 CFR part 1312 to include
regulations which would allow water
carriers to publish, file, and keep their
tariffs electronically, but would also
continue to allow water carriers the
option of filing their tariffs in paper
format. Specifically, under the proposal,
a water carrier would be permitted to
comply with the filing requirement in
1 These status reports can be accessed on the
Board’s website.
2 Noncontiguous domestic trade means
‘‘transportation subject to jurisdiction under
chapter 135 involving traffic originating in or
destined to Alaska, Hawaii, or a territory or
possession of the United States.’’ 49 U.S.C.
13102(17).
3 Section 13702(a)(1) includes an exception from
the tariff filing requirement for bulk cargo, forest
products, recycled metal scrap, waste paper, and
paper waste.
4 Under 49 CFR 1312.2(e), a water carrier may
apply for Special Tariff Authority.
5 Many water carriers use third-party service
providers to manage and maintain their tariffs on
the internet.
6 The NPRM provides additional information on
the background of water carrier tariff requirements.
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49 U.S.C. 13702 by: (1) Maintaining a
publicly available version of its current
and historical tariffs on the internet, and
(2) electronically filing (e-filing) with
the Board an annual certification made
by a duly authorized corporate officer of
the carrier that (a) contains an active
link 7 to the internet location and access
information for its tariffs and (b) affirms
the water carrier’s continuing
compliance with the relevant sections of
Part 1312. The proposed regulation, at
49 CFR 1312.4(b), listed the
requirements for the annual certification
and provided sample language to be
used in the certification.
As explained in the NPRM and
proposed at 49 CFR 1312.4(b)(3),
advance notification to the Board would
be required if a water carrier anticipates
an outage of its electronic tariff system.
NPRM, EP 743, slip op. at 5. In
circumstances beyond the carrier’s
control (such as a software
malfunction), the carrier would be
required to notify the Board promptly
via email at tariffs@stb.gov. Id. In the
event of any tariff system outage,
carriers would be required to make
alternative arrangements with the Board
to ensure that the agency and public
have access to the tariffs in effect during
the outage, and the Board would
provide that information on its website
so that the public would be made aware
of the particular outage as soon as
reasonably possible. Id.
The proposed electronic archiving
requirement under 49 CFR 1312.4(b)(4)
would require a water carrier to
maintain historical versions of its tariffs,
including all rates and applicable rules,
for a period of not less than five years,
beginning when a carrier first
electronically files its tariffs. Id. at 11.
Tariffs kept on the internet would also
need to comply with the proposed
addition to 49 CFR 1312.3, requiring
that water carriers provide the date on
which tariffs or changes to tariffs first
appear on the internet and the date on
which they are expected to become
effective. Id. at 5. The rule would not
prescribe the specific information
technology resources (programming,
applications or software, etc.) that water
carriers must use to house this
information, but any electronic system
selected by a carrier would need to
comply with regulatory requirements
and allow access by the Board and any
7 To comply with the proposed rule, if the
internet address for a water carrier’s tariff system
changes during the 12-month period following the
filing of its annual certification, the water carrier
would need to adhere to the proposed outage
requirements at 49 CFR 1312.4(b)(3) and provide
the Board an updated certification with an active
link as soon as possible.
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member of the public who requests it,
free of charge. Id.
The NPRM explained that to utilize efiling, a filer would first pay the
required fee 8 via electronic payment
through Pay.gov.9 NPRM, EP 743, slip
op. at 4. Once the payment has been
submitted, a confirmation email from
Pay.gov would be sent containing a
unique transaction number. The filer
would then go to the Board’s e-filing
website and, through a registered
account, submit the transaction number
received from Pay.gov and attach the
annual certification. Once the
certification is received and verified, the
Director of the Office of Public
Assistance, Governmental Affairs, and
Compliance (OPAGAC) or a designee
would acknowledge receipt of the
annual certification in writing. Id.
Under the proposed regulations, the
Board would create a web page that
provides links to the location of a water
carrier’s current tariff, the most recent
annual certification, and prior
certifications. NPRM, EP 743, slip op. at
4. It is expected that this web page
could be accessed by the Board and
public and that the internet links to
water carrier tariffs would be available
24 hours a day, seven days a week, yearround. Id. at 4–5. Access to water carrier
tariffs filed in paper format would
continue to be available to the public
via requests to OPAGAC.
By adding an e-filing option to the
regulations, the proposed rule would
eliminate the option to obtain tariff
filing relief under the existing Special
Tariff Authority application process,
and would revoke all prior grants of
Special Tariff Authority. NPRM, EP 743,
slip op. at 4 (citing 49 CFR 1312.2(e)).
The proposed changes would require
water carriers to either file their tariffs
in paper format or electronically as
outlined here.
Comments. As noted above, the Board
received comments on the NPRM from
Tropical, Pasha, and TOTE. The
comments uniformly supported the
proposal to allow water carriers to
publish, file, and keep their tariffs
electronically. Tropical and Pasha both
state that the proposal would reduce the
regulatory burden on water carriers,
allowing them to function in a more
efficient and less costly manner.
8 The Board proposed an expansion of fee item 78
at 49 CFR 1002.2(f), to reflect the filing fee
associated with the annual certification. The final
rule adopted here also adds a heading to paragraph
(b) of § 1002.2.
9 Recently, the Board updated its regulations to
add an electronic payment option at 49 CFR
1002.2(a). See Payment, Filing, & Service
Procedures, EP 747 (STB served Mar. 22, 2019) (84
FR 12940). As of May 10, 2019, the Board will
accept electronic payment of fees through Pay.gov.
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(Tropical Comments 2; Pasha Comments
2.) TOTE supports the comments
submitted by Tropical and Pasha, and
states that its subsidiaries would realize
substantial savings from the proposed
rule, and that the public interest will be
protected through the Board’s ongoing
regulatory oversight of water carriers.
(TOTE Comments 2.)
Final Rule. After considering the
comments, the Board is adopting the
rule proposed in the NPRM, without
substantive change, as a final rule. The
only modification from the proposed
electronic filing procedure is changing
the due date for the annual certification
from the first business day of February
to the first business day of October in
order to allow water carriers to more
quickly utilize this option. Water
carriers may continue to file under their
existing Special Tariff Authority until
the first due date of the annual
certification, which will be October 1,
2019, at which time grants of Special
Tariff Authority will be automatically
revoked.10 It is anticipated that the final
rule will significantly reduce the
burdens associated with the current
tariff filing requirements. The new efiling tariff procedures will also allow
the public to easily access current and
historical tariffs without requesting
them from the Board, resulting in time
and cost savings for both the Board and
the public. The text of the final rule is
below.
Regulatory Flexibility Act. The
Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, generally
requires a description and analysis of
new rules that would have a significant
economic impact on a substantial
number of small entities. In drafting a
rule, an agency is required to: (1) Assess
the effect that its regulation will have on
small entities; (2) analyze effective
alternatives that may minimize a
regulation’s impact; and (3) make the
analysis available for public comment.
Sections 601–604. In its final rule, the
agency must either include a final
regulatory flexibility analysis, section
604(a), or certify that the final rule
would not have a ‘‘significant impact on
a substantial number of small entities,’’
section 605(b). The impact must be a
direct impact on small entities ‘‘whose
conduct is circumscribed or mandated’’
by the proposed rule. White Eagle Coop.
v. Conner, 553 F.3d 467, 480 (7th Cir.
2009).
In the NPRM, the Board certified
under 5 U.S.C. 605(b) that the proposed
rule would not have a significant
10 Water carriers that have filed tariff updates
within the past year will be served a copy of this
decision.
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economic impact on a substantial
number of small entities within the
meaning of the RFA.11 The Board
explained that the proposed rule would
not place any additional burden on
small entities because the proposed rule
would provide new procedures for
water carriers operating in
noncontiguous domestic trade to
electronically publish, file, and keep
tariffs available for public inspection.
The new regulations would be an option
to eliminate the burdens associated with
the current tariff filing requirements. No
parties submitted comments on this
issue. A copy of the NPRM was served
on the U.S. Small Business
Administration.
The final rule adopts the procedures
proposed in the NPRM, with the
revision of the due date for the annual
certification. Therefore, the Board
certifies under 5 U.S.C. 605(b) that the
final rule will not have a significant
economic impact on a substantial
number of small entities within the
meaning of the RFA. A copy of this
decision will be served upon the Chief
Counsel for Advocacy, Office of
Advocacy, U.S. Small Business
Administration, Washington, DC 20416.
Paperwork Reduction Act. In this
proceeding, the Board is modifying an
existing collection of information that is
currently approved by the Office of
Management and Budget (OMB) under
OMB Control No. 2140–0026. In the
NPRM, the Board sought comments
pursuant to the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501–3521, and
OMB regulations at 5 CFR 1320.11
regarding: (1) Whether the collection of
information associated with the
proposed changes to the OFA
regulations is necessary for the proper
performance of the functions of the
Board, including whether the collection
has practical utility; (2) the accuracy of
the Board’s burden estimates; (3) ways
to enhance the quality, utility, and
clarity of the information collected; and
(4) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology,
when appropriate. No comments were
received pertaining to the collection of
this information under the PRA.
This modification to an existing
collection will be submitted to OMB for
review as required under the PRA, 44
U.S.C. 3507(d), and 5 CFR 1320.11.
It is ordered:
1. The Board adopts the final rule as
set forth in this decision. Notice of the
adopted rule will be published in the
Federal Register.
2. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration.
3. This decision is effective June 8,
2019.
List of Subjects
49 CFR Part 1002
Administrative practice and
procedure, Common carriers, Freedom
of information.
49 CFR Part 1312
Freight forwarders, Maritime carriers,
Motor carriers, Pipelines, Railroads,
Reporting and recordkeeping
requirements.
Decided: May 6, 2019.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the
preamble, the Surface Transportation
Board amends parts 1002 and 1312 of
title 49, chapter X, of the Code of
Federal Regulations as follows:
PART 1002—FEES
1. The authority citation for part 1002
is revised to read as follows:
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Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B),
and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321.
Section 1002.1(f)(11) is also issued under 5
U.S.C. 5514 and 31 U.S.C. 3717.
2. Amend § 1002.2 as follows:
a. In paragraph (b), add a paragraph
heading; and
■ b. Revise paragraph (f)(78).
The addition and revision read as
follows:
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§ 1002.2
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Filing fees.
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(b) Nonpayment of fees. * * *
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Type of proceeding
Fee
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Part VI: Informal Proceedings: ..................................................................................................................................
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(78) (i) The filing of tariffs, including supplements, or contract summaries ..........................................................
(ii) The filing of water carrier electronic annual certifications .........................................................................
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Authority: 49 U.S.C. 1321(a), 13702(a),
13702(b), and 13702(d).
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PART 1312—REGULATIONS FOR THE
PUBLICATION, FILING, AND KEEPING
OF TARIFFS FOR THE
TRANSPORTATION OF PROPERTY BY
OR WITH A WATER CARRIER IN
NONCONTIGUOUS DOMESTIC TRADE
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4. The heading of part 1312 is revised
to read as set forth above.
■ 5. Amend § 1312.1(c) by revising the
definition of ‘‘Publication’’ to read as
follows:
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§ 1312.1
Scope; definitions.
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3. The authority citation for part 1312
is revised to read as follows:
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11 The Small Business Administration’s Office of
Size Standards has established a size standard for
water transportation, pursuant to which deep sea
freight transportation is considered small if its
number of employees is 500 or less, and coastal and
Great Lakes freight transportation is considered
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$1 per page. ($29 min
charge.)
$29.
Publication means a bound tariff, a
tariff supplement, a looseleaf tariff page,
or an electronically published tariff.
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6. Amend § 1312.2 by revising
paragraph (b), removing paragraph (e),
and redesignating paragraph (f) as
paragraph (e) to read as follows:
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small if its number of employees is 750 or less. 13
CFR 121.201 (industry subsector 483).
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§ 1312.2
tariff.
Requirement to publish and file a
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(b) Adherence to tariff. The carrier
may not charge or receive a different
compensation for the transportation or
service than the rate specified in the
tariff, whether by returning a part of that
rate to a person, giving a person a
privilege, allowing the use of a facility
that affects the value of that
transportation or service, or another
device.
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■ 7. Amend § 1312.3 by revising
paragraph (a) to read as follows:
§ 1312.3 Tariff contents and standards;
Essential criteria.
(a) Contents. Tariffs filed with the
Board, including tariffs published, filed,
and kept electronically in accordance
with § 1312.4(b), must: Be filed in
English; include an accurate description
of the services offered to the public;
provide the specific applicable rates
explicitly stated in U.S. dollars and
cents (or the basis for calculating the
specific applicable rates) and service
terms; and be arranged in a way that
allows for the determination of the exact
rate(s) and service terms applicable to
any given shipment (or to any given
group of shipments). Tariffs that are
electronically kept on the internet must
also provide the date on which a new
tariff or any change in any tariff matter
first appears on the internet and the date
on which it becomes effective.
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■ 8. Revise § 1312.4 to read as follows:
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§ 1312.4
Filing of tariffs.
(a) Paper filing requirements. (1) Two
copies of each tariff publication shall be
filed with the Board. Packages
containing tariff filings should be
prominently marked ‘‘TARIFF FILING’’
and addressed to: Office of Public
Assistance, Governmental Affairs and
Compliance, Surface Transportation
Board, Washington, DC 20423–0001.
Tariffs shall be printed on paper not
larger than 81⁄2 x 11 inches.
(2) A paper tariff filing must be
accompanied by an authorized
document of transmittal identifying
each publication filed, and by the
appropriate filing fee (see 49 CFR part
1002). Acknowledgement of Board
receipt of a paper tariff filing can be
obtained by enclosing a duplicate
transmittal letter and a postage-paid,
self-addressed return envelope. Each
transmittal letter shall clearly indicate
in the upper left-hand corner thereof:
(i) The assigned alpha code of the
issuing carrier or agent;
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(ii) The number of pages transmitted;
(iii) The filing fee enclosed (pursuant
to 49 CFR 1002.2(a)); and
(iv) The transmittal number if the filer
utilizes transmittal numbers.
(b) Electronic filing requirements. As
an alternative to the paper tariff filing
procedures set forth in paragraph (a) of
this section, a water carrier may file its
tariffs electronically in accordance with
the procedures and requirements of this
section. Tariffs published, filed, and
kept electronically in accordance with
the requirements of this section shall be
deemed to be on file with the Board for
purposes of 49 U.S.C. 13702(b).
(1) Annual certification. A water
carrier that seeks to file its tariff
electronically must electronically file an
annual certification with the Board,
made by the water carrier’s duly
authorized corporate officer. The annual
certification must be submitted to the
Board on the first business day in
October each year. The Director of the
Office of Public Assistance,
Governmental Affairs, and Compliance
or a designee will acknowledge receipt
of each carrier’s certification in writing.
The annual certification shall include
the following:
(i) Certification that it is a water
carrier operating in the noncontiguous
domestic trade subject to the Board’s
jurisdiction;
(ii) Certification that it is in
compliance with the regulations of this
section for purposes of publishing,
filing, and keeping its tariff
electronically;
(iii) Certification that it is in
compliance with all other regulations in
this part, except those specifically
applicable to tariffs maintained in paper
format;
(iv) An active link to the internet
address of tariffs;
(v) The assigned alpha code of the
issuing carrier or agent; and
(vi) Confirmation of electronic
payment of the filing fee (pursuant to 49
CFR 1002.2(a)).
(2) Sample text for the annual
certification.
[Name of Director, Office of Public
Assistance, Governmental Affairs, and
Compliance], Office of Public
Assistance, Governmental Affairs and
Compliance, Surface Transportation
Board, Washington, DC.
Dear Director: I, [name of signor],
certify that I am [title of office] of [name
of water carrier], a water carrier
operating in the noncontiguous
domestic trade subject to the
jurisdiction of the Surface
Transportation Board, that [name of
water carrier] is in compliance with the
regulations at part 1312 for purposes of
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publishing, filing, and keeping its tariff
electronically, and that it is in
compliance with all other regulations at
part 1312, except those specifically
applicable to tariffs maintained in paper
format.
The internet address where [name of
water carrier]’s tariffs can be located is:
This internet address is current as of
[date].
I further declare (certify, verify or
state) under penalty of perjury [‘‘under
the laws of the United States of
America’’ if executed outside of the
United States of America] that the
foregoing is true and correct. Executed
on [date].
Sincerely,
[signature of a duly authorized
corporate officer of water carrier]
(3) Tariff access requirement. (i) A
water carrier must provide the Board
with at least two business days advance
notice of any planned outage when its
tariff will not be available on the
internet, and prompt notice on any
occasion when the tariff becomes
unavailable due to circumstances
beyond the carrier’s control. Notice
shall be submitted by email to tariffs@
stb.gov. In the event of any outage,
carriers are required to make alternative
arrangements with the agency to ensure
that the Board receives the tariffs in
effect during the outage.
(ii) A water carrier may establish
reasonable registration requirements for
purposes of public access to its current
tariff and historical tariff information,
such as requiring a user to provide his
or her name and email address;
however, such requirements may not
limit tariff access to any particular
group or class of users (such as shippers
or potential shippers) or impose
unreasonable burdens on the user, such
as access fees or a showing of need.
(4) Historical tariff information and
archiving. Tariffs kept on the internet by
a water carrier must allow the Board
and the public to retrieve historical
versions, including all rates and
applicable rules, for a period of not less
than five years, beginning on the date
when a carrier first electronically files
its tariffs under these regulations.
■ 9. Amend § 1312.6 by adding
paragraph (e) to read as follows:
§ 1312.6
Advance notice required.
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(e) Notice for purposes of
electronically filed tariffs. A water
carrier that keeps its tariffs on the
internet must comply with the notice
requirements set forth in paragraph (b)
of this section, provided however, that
the relevant notice periods set forth in
paragraphs (b)(1) and (2) of this section
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shall run from the date on which the
tariff matter first appears in the water
carrier’s tariff on the internet.
■ 10. Amend § 1312.12 by adding
paragraph (c) to read as follows:
§ 1312.12
Temporary rule; inseason
Angling category retention limit
adjustment.
ACTION:
Posting requirements.
*
*
*
*
*
(c) Exemption for electronically filed
tariffs. A water carrier that publishes,
files, and keeps its tariffs electronically
in accordance with § 1312.4(b) is
exempt from the posting requirements
of this section.
■ 11. Amend § 1312.13 by adding
paragraph (g) to read as follows:
§ 1312.13 Furnishing copies of tariff
publications.
*
*
*
*
*
(g) Exemption for electronically filed
tariffs. A water carrier that publishes,
files, and keeps its tariffs electronically
in accordance with § 1312.4(b) is
exempt from this section.
■ 12. Amend § 1312.15 by adding a
sentence at the end of paragraph (a) and
a sentence at the end of paragraph (b) to
read as follows:
§ 1312.15
Change of carrier or agent.
(a) * * * A water carrier that
publishes, files, and keeps its tariffs
electronically in accordance with
§ 1312.4(b) shall promptly submit any
such change by email to tariffs@stb.gov,
but in no case later than 20 days after
the effective date.
(b) * * * A water carrier that
publishes, files, and keeps its tariffs
electronically in accordance with
§ 1312.4(b) shall promptly submit any
such change of agent by email to
tariffs@stb.gov, but in no case later than
200 days after the effective date.
[FR Doc. 2019–09564 Filed 5–8–19; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RIN 0648–XH007
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
jbell on DSK3GLQ082PROD with RULES
AGENCY:
VerDate Sep<11>2014
15:58 May 08, 2019
Jkt 247001
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Angling category and the
HMS Charter/Headboat category (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2019,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS is
adjusting the Angling category BFT
daily retention limit from the default of
one school, large school, or small
medium BFT to two school BFT and one
large school/small medium BFT per
vessel per day/trip for private vessels
with HMS Angling category permits; to
three school BFT and one large school/
small medium BFT per vessel per day/
trip for charter boat vessels with HMS
Charter/Headboat permits when fishing
recreationally; and to six school BFT
and two large school/small medium
BFT per vessel per day/trip for headboat
vessels with HMS Charter/Headboat
permits when fishing recreationally.
These retention limits are effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeted fishing
for BFT.
DATES: Effective May 11, 2019, through
December 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260 or
Larry Redd, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in Amendment 7 to the 2006
Consolidated Highly Migratory Species
Fishery Management Plan (2006
Consolidated HMS FMP) (Amendment
7) (79 FR 71510, December 2, 2014), and
in accordance with implementing
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
SUMMARY:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
reasonable opportunity to harvest the
ICCAT-recommended quota.
As a method for limiting fishing
mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the
annual harvest of BFT measuring less
than 115 centimeters (cm) (45.3 inches)
(straight fork length) to no more than 10
percent by weight of a Contracting
Party’s total BFT quota. Any overharvest
of such tolerance limit from one year
must be subtracted from the tolerance
limit applicable in the next year or the
year after that. NMFS implements this
provision by limiting the harvest of
school BFT (measuring 27 to less than
47 inches curved fork length) as
appropriate to not exceed the 10-percent
limit (127.3 mt) annually.
In 2018, NMFS implemented a final
rule that established the U.S. BFT quota
and subquotas consistent with ICCAT
Recommendation 17–06 (83 FR 53191,
October 11, 2018). The currently
codified baseline U.S. quota is 1,247.86
metric tons (mt) (not including the 25
mt ICCAT allocated to the United States
to account for bycatch of BFT in pelagic
longline fisheries in the Northeast
Distant Gear Restricted Area). See
§ 635.27(a). The currently codified
Angling category quota is 232.4 mt
(127.3 mt for school BFT, 99.8 mt for
large school/small medium BFT, and 5.3
mt for large medium/giant BFT).
The Angling category season opened
January 1, 2019, and continues through
December 31, 2019. The size classes of
BFT are summarized in Table 1. Please
note that large school and small
medium BFT traditionally have been
managed as one size class, as described
below, i.e., a limit of one large school/
small medium BFT (measuring 47 to
less than 73 inches). Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT applies
(§ 635.23(b)(2)). This retention limit
applies to HMS Angling and to HMS
Charter/Headboat category permitted
vessels (when fishing recreationally for
BFT).
As defined at § 600.10, ‘‘charter boat’’
means a vessel less than 100 gross tons
(90.8 mt) that meets the requirements of
the U.S. Coast Guard to carry six or
fewer passengers for hire (i.e.,
uninspected) and ‘‘headboat’’ means a
vessel that holds a valid Certificate of
Inspection issued by the U.S. Coast
Guard to carry passengers for hire (i.e.,
greater than six).
E:\FR\FM\09MYR1.SGM
09MYR1
]]>Agencies
[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20292-20296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09564]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
49 CFR Parts 1002 and 1312
[Docket No. EP 743]
Water Carrier Tariff Filing Procedures
AGENCY: Surface Transportation Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (STB or Board) adopts a new
procedure for water carriers operating in the noncontiguous domestic
trade to electronically publish, file, and keep tariffs available for
public inspection.
DATES: This rule is effective on June 8, 2019.
ADDRESSES: Requests for information or questions regarding this final
rule should reference Docket No. EP 743 and be submitted via the
Board's e-filing format or in writing addressed to: Chief, Section of
Administration, Office of Proceedings, Surface Transportation Board,
395 E Street SW, Washington, DC 20423-0001. Any person using e-filing
should attach a document and otherwise comply with the instructions
found on the Board's website at www.stb.gov at the E-Filing link.
FOR FURTHER INFORMATION CONTACT: Michael Higgins at 202-245-0284.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: In April 2017, the Board established its
Regulatory Reform Task Force (RRTF) to comply with the spirit of
Executive Order 13777. The primary objective of the RRTF is to identify
Board rules and practices that are burdensome, unnecessary, or outdated
and to recommend how they should be addressed. See Regulatory Reform
Task Force, EP 738 (STB served June 20, 2017). The RRTF identified the
current water carrier tariff regulations at 49 CFR part 1312 as
imposing unnecessary costs on the carriers as well as the Board. See
RRTF 90-Day Status Report (issued May 25, 2017); RRTF Status Report
(issued Nov. 21, 2017).\1\ Water carriers operating in the
noncontiguous domestic trade \2\ are required to publish, file, and
keep available for public inspection tariffs setting forth their rates,
charges, rules, and classifications. 49 U.S.C. 13702(a)-(b).\3\ The
Board's current regulations for filing water carrier tariffs
contemplate the filings of tariffs with the Board in paper format.
However, the Board has granted Special Tariff Authority--relief from
the current regulations on a case-by-case basis--to allow water
carriers to file their tariffs in alternative electronic formats,
typically email.\4\ For many carriers, these email submissions are a
daily occurrence.
---------------------------------------------------------------------------
\1\ These status reports can be accessed on the Board's website.
\2\ Noncontiguous domestic trade means ``transportation subject
to jurisdiction under chapter 135 involving traffic originating in
or destined to Alaska, Hawaii, or a territory or possession of the
United States.'' 49 U.S.C. 13102(17).
\3\ Section 13702(a)(1) includes an exception from the tariff
filing requirement for bulk cargo, forest products, recycled metal
scrap, waste paper, and paper waste.
\4\ Under 49 CFR 1312.2(e), a water carrier may apply for
Special Tariff Authority.
---------------------------------------------------------------------------
The Board issued a notice of proposed rulemaking that proposed to
update the regulations to allow water carriers \5\ to electronically
publish, file, and keep tariffs available for public inspection. Water
Carrier Tariff Filing Procedures (NPRM), EP 743 (STB served Dec. 21,
2018) (83 FR 66229).\6\ The Board received comments on the NPRM from
Tropical Shipping and Construction Co., Ltd. (Tropical), The Pasha
Group (Pasha), and TOTE, LLC (TOTE). After considering the comments,
the Board is adopting the rule proposed in the NPRM, without
substantive change, as a final rule. The text of the final rule is
below.
---------------------------------------------------------------------------
\5\ Many water carriers use third-party service providers to
manage and maintain their tariffs on the internet.
\6\ The NPRM provides additional information on the background
of water carrier tariff requirements.
---------------------------------------------------------------------------
Proposed Rule. The NPRM proposed to revise 49 CFR part 1312 to
include regulations which would allow water carriers to publish, file,
and keep their tariffs electronically, but would also continue to allow
water carriers the option of filing their tariffs in paper format.
Specifically, under the proposal, a water carrier would be permitted to
comply with the filing requirement in
[[Page 20293]]
49 U.S.C. 13702 by: (1) Maintaining a publicly available version of its
current and historical tariffs on the internet, and (2) electronically
filing (e-filing) with the Board an annual certification made by a duly
authorized corporate officer of the carrier that (a) contains an active
link \7\ to the internet location and access information for its
tariffs and (b) affirms the water carrier's continuing compliance with
the relevant sections of Part 1312. The proposed regulation, at 49 CFR
1312.4(b), listed the requirements for the annual certification and
provided sample language to be used in the certification.
---------------------------------------------------------------------------
\7\ To comply with the proposed rule, if the internet address
for a water carrier's tariff system changes during the 12-month
period following the filing of its annual certification, the water
carrier would need to adhere to the proposed outage requirements at
49 CFR 1312.4(b)(3) and provide the Board an updated certification
with an active link as soon as possible.
---------------------------------------------------------------------------
As explained in the NPRM and proposed at 49 CFR 1312.4(b)(3),
advance notification to the Board would be required if a water carrier
anticipates an outage of its electronic tariff system. NPRM, EP 743,
slip op. at 5. In circumstances beyond the carrier's control (such as a
software malfunction), the carrier would be required to notify the
Board promptly via email at [email protected]. Id. In the event of any
tariff system outage, carriers would be required to make alternative
arrangements with the Board to ensure that the agency and public have
access to the tariffs in effect during the outage, and the Board would
provide that information on its website so that the public would be
made aware of the particular outage as soon as reasonably possible. Id.
The proposed electronic archiving requirement under 49 CFR
1312.4(b)(4) would require a water carrier to maintain historical
versions of its tariffs, including all rates and applicable rules, for
a period of not less than five years, beginning when a carrier first
electronically files its tariffs. Id. at 11. Tariffs kept on the
internet would also need to comply with the proposed addition to 49 CFR
1312.3, requiring that water carriers provide the date on which tariffs
or changes to tariffs first appear on the internet and the date on
which they are expected to become effective. Id. at 5. The rule would
not prescribe the specific information technology resources
(programming, applications or software, etc.) that water carriers must
use to house this information, but any electronic system selected by a
carrier would need to comply with regulatory requirements and allow
access by the Board and any member of the public who requests it, free
of charge. Id.
The NPRM explained that to utilize e-filing, a filer would first
pay the required fee \8\ via electronic payment through Pay.gov.\9\
NPRM, EP 743, slip op. at 4. Once the payment has been submitted, a
confirmation email from Pay.gov would be sent containing a unique
transaction number. The filer would then go to the Board's e-filing
website and, through a registered account, submit the transaction
number received from Pay.gov and attach the annual certification. Once
the certification is received and verified, the Director of the Office
of Public Assistance, Governmental Affairs, and Compliance (OPAGAC) or
a designee would acknowledge receipt of the annual certification in
writing. Id.
---------------------------------------------------------------------------
\8\ The Board proposed an expansion of fee item 78 at 49 CFR
1002.2(f), to reflect the filing fee associated with the annual
certification. The final rule adopted here also adds a heading to
paragraph (b) of Sec. 1002.2.
\9\ Recently, the Board updated its regulations to add an
electronic payment option at 49 CFR 1002.2(a). See Payment, Filing,
& Service Procedures, EP 747 (STB served Mar. 22, 2019) (84 FR
12940). As of May 10, 2019, the Board will accept electronic payment
of fees through Pay.gov.
---------------------------------------------------------------------------
Under the proposed regulations, the Board would create a web page
that provides links to the location of a water carrier's current
tariff, the most recent annual certification, and prior certifications.
NPRM, EP 743, slip op. at 4. It is expected that this web page could be
accessed by the Board and public and that the internet links to water
carrier tariffs would be available 24 hours a day, seven days a week,
year-round. Id. at 4-5. Access to water carrier tariffs filed in paper
format would continue to be available to the public via requests to
OPAGAC.
By adding an e-filing option to the regulations, the proposed rule
would eliminate the option to obtain tariff filing relief under the
existing Special Tariff Authority application process, and would revoke
all prior grants of Special Tariff Authority. NPRM, EP 743, slip op. at
4 (citing 49 CFR 1312.2(e)). The proposed changes would require water
carriers to either file their tariffs in paper format or electronically
as outlined here.
Comments. As noted above, the Board received comments on the NPRM
from Tropical, Pasha, and TOTE. The comments uniformly supported the
proposal to allow water carriers to publish, file, and keep their
tariffs electronically. Tropical and Pasha both state that the proposal
would reduce the regulatory burden on water carriers, allowing them to
function in a more efficient and less costly manner. (Tropical Comments
2; Pasha Comments 2.) TOTE supports the comments submitted by Tropical
and Pasha, and states that its subsidiaries would realize substantial
savings from the proposed rule, and that the public interest will be
protected through the Board's ongoing regulatory oversight of water
carriers. (TOTE Comments 2.)
Final Rule. After considering the comments, the Board is adopting
the rule proposed in the NPRM, without substantive change, as a final
rule. The only modification from the proposed electronic filing
procedure is changing the due date for the annual certification from
the first business day of February to the first business day of October
in order to allow water carriers to more quickly utilize this option.
Water carriers may continue to file under their existing Special Tariff
Authority until the first due date of the annual certification, which
will be October 1, 2019, at which time grants of Special Tariff
Authority will be automatically revoked.\10\ It is anticipated that the
final rule will significantly reduce the burdens associated with the
current tariff filing requirements. The new e-filing tariff procedures
will also allow the public to easily access current and historical
tariffs without requesting them from the Board, resulting in time and
cost savings for both the Board and the public. The text of the final
rule is below.
---------------------------------------------------------------------------
\10\ Water carriers that have filed tariff updates within the
past year will be served a copy of this decision.
---------------------------------------------------------------------------
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601-612, generally requires a description and analysis
of new rules that would have a significant economic impact on a
substantial number of small entities. In drafting a rule, an agency is
required to: (1) Assess the effect that its regulation will have on
small entities; (2) analyze effective alternatives that may minimize a
regulation's impact; and (3) make the analysis available for public
comment. Sections 601-604. In its final rule, the agency must either
include a final regulatory flexibility analysis, section 604(a), or
certify that the final rule would not have a ``significant impact on a
substantial number of small entities,'' section 605(b). The impact must
be a direct impact on small entities ``whose conduct is circumscribed
or mandated'' by the proposed rule. White Eagle Coop. v. Conner, 553
F.3d 467, 480 (7th Cir. 2009).
In the NPRM, the Board certified under 5 U.S.C. 605(b) that the
proposed rule would not have a significant
[[Page 20294]]
economic impact on a substantial number of small entities within the
meaning of the RFA.\11\ The Board explained that the proposed rule
would not place any additional burden on small entities because the
proposed rule would provide new procedures for water carriers operating
in noncontiguous domestic trade to electronically publish, file, and
keep tariffs available for public inspection. The new regulations would
be an option to eliminate the burdens associated with the current
tariff filing requirements. No parties submitted comments on this
issue. A copy of the NPRM was served on the U.S. Small Business
Administration.
---------------------------------------------------------------------------
\11\ The Small Business Administration's Office of Size
Standards has established a size standard for water transportation,
pursuant to which deep sea freight transportation is considered
small if its number of employees is 500 or less, and coastal and
Great Lakes freight transportation is considered small if its number
of employees is 750 or less. 13 CFR 121.201 (industry subsector
483).
---------------------------------------------------------------------------
The final rule adopts the procedures proposed in the NPRM, with the
revision of the due date for the annual certification. Therefore, the
Board certifies under 5 U.S.C. 605(b) that the final rule will not have
a significant economic impact on a substantial number of small entities
within the meaning of the RFA. A copy of this decision will be served
upon the Chief Counsel for Advocacy, Office of Advocacy, U.S. Small
Business Administration, Washington, DC 20416.
Paperwork Reduction Act. In this proceeding, the Board is modifying
an existing collection of information that is currently approved by the
Office of Management and Budget (OMB) under OMB Control No. 2140-0026.
In the NPRM, the Board sought comments pursuant to the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501-3521, and OMB regulations at 5 CFR
1320.11 regarding: (1) Whether the collection of information associated
with the proposed changes to the OFA regulations is necessary for the
proper performance of the functions of the Board, including whether the
collection has practical utility; (2) the accuracy of the Board's
burden estimates; (3) ways to enhance the quality, utility, and clarity
of the information collected; and (4) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology, when appropriate. No comments were received pertaining to
the collection of this information under the PRA.
This modification to an existing collection will be submitted to
OMB for review as required under the PRA, 44 U.S.C. 3507(d), and 5 CFR
1320.11.
It is ordered:
1. The Board adopts the final rule as set forth in this decision.
Notice of the adopted rule will be published in the Federal Register.
2. A copy of this decision will be served upon the Chief Counsel
for Advocacy, Office of Advocacy, U.S. Small Business Administration.
3. This decision is effective June 8, 2019.
List of Subjects
49 CFR Part 1002
Administrative practice and procedure, Common carriers, Freedom of
information.
49 CFR Part 1312
Freight forwarders, Maritime carriers, Motor carriers, Pipelines,
Railroads, Reporting and recordkeeping requirements.
Decided: May 6, 2019.
By the Board, Board Members Begeman, Fuchs, and Oberman.
Jeffrey Herzig,
Clearance Clerk.
For the reasons set forth in the preamble, the Surface
Transportation Board amends parts 1002 and 1312 of title 49, chapter X,
of the Code of Federal Regulations as follows:
PART 1002--FEES
0
1. The authority citation for part 1002 is revised to read as follows:
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), and 553; 31 U.S.C.
9701; and 49 U.S.C. 1321. Section 1002.1(f)(11) is also issued under
5 U.S.C. 5514 and 31 U.S.C. 3717.
0
2. Amend Sec. 1002.2 as follows:
0
a. In paragraph (b), add a paragraph heading; and
0
b. Revise paragraph (f)(78).
The addition and revision read as follows:
Sec. 1002.2 Filing fees.
* * * * *
(b) Nonpayment of fees. * * *
(f) * * *
------------------------------------------------------------------------
Type of proceeding Fee
------------------------------------------------------------------------
* * * * *
Part VI: Informal Proceedings:............ ............................
* * * * *
(78) (i) The filing of tariffs, $1 per page. ($29 min
including supplements, or contract charge.)
summaries..............................
(ii) The filing of water carrier $29.
electronic annual certifications...
* * * * *
------------------------------------------------------------------------
* * * * *
PART 1312--REGULATIONS FOR THE PUBLICATION, FILING, AND KEEPING OF
TARIFFS FOR THE TRANSPORTATION OF PROPERTY BY OR WITH A WATER
CARRIER IN NONCONTIGUOUS DOMESTIC TRADE
0
3. The authority citation for part 1312 is revised to read as follows:
Authority: 49 U.S.C. 1321(a), 13702(a), 13702(b), and 13702(d).
0
4. The heading of part 1312 is revised to read as set forth above.
0
5. Amend Sec. 1312.1(c) by revising the definition of ``Publication''
to read as follows:
Sec. 1312.1 Scope; definitions.
* * * * *
(c) * * *
Publication means a bound tariff, a tariff supplement, a looseleaf
tariff page, or an electronically published tariff.
* * * * *
0
6. Amend Sec. 1312.2 by revising paragraph (b), removing paragraph
(e), and redesignating paragraph (f) as paragraph (e) to read as
follows:
[[Page 20295]]
Sec. 1312.2 Requirement to publish and file a tariff.
* * * * *
(b) Adherence to tariff. The carrier may not charge or receive a
different compensation for the transportation or service than the rate
specified in the tariff, whether by returning a part of that rate to a
person, giving a person a privilege, allowing the use of a facility
that affects the value of that transportation or service, or another
device.
* * * * *
0
7. Amend Sec. 1312.3 by revising paragraph (a) to read as follows:
Sec. 1312.3 Tariff contents and standards; Essential criteria.
(a) Contents. Tariffs filed with the Board, including tariffs
published, filed, and kept electronically in accordance with Sec.
1312.4(b), must: Be filed in English; include an accurate description
of the services offered to the public; provide the specific applicable
rates explicitly stated in U.S. dollars and cents (or the basis for
calculating the specific applicable rates) and service terms; and be
arranged in a way that allows for the determination of the exact
rate(s) and service terms applicable to any given shipment (or to any
given group of shipments). Tariffs that are electronically kept on the
internet must also provide the date on which a new tariff or any change
in any tariff matter first appears on the internet and the date on
which it becomes effective.
* * * * *
0
8. Revise Sec. 1312.4 to read as follows:
Sec. 1312.4 Filing of tariffs.
(a) Paper filing requirements. (1) Two copies of each tariff
publication shall be filed with the Board. Packages containing tariff
filings should be prominently marked ``TARIFF FILING'' and addressed
to: Office of Public Assistance, Governmental Affairs and Compliance,
Surface Transportation Board, Washington, DC 20423-0001. Tariffs shall
be printed on paper not larger than 8\1/2\ x 11 inches.
(2) A paper tariff filing must be accompanied by an authorized
document of transmittal identifying each publication filed, and by the
appropriate filing fee (see 49 CFR part 1002). Acknowledgement of Board
receipt of a paper tariff filing can be obtained by enclosing a
duplicate transmittal letter and a postage-paid, self-addressed return
envelope. Each transmittal letter shall clearly indicate in the upper
left-hand corner thereof:
(i) The assigned alpha code of the issuing carrier or agent;
(ii) The number of pages transmitted;
(iii) The filing fee enclosed (pursuant to 49 CFR 1002.2(a)); and
(iv) The transmittal number if the filer utilizes transmittal
numbers.
(b) Electronic filing requirements. As an alternative to the paper
tariff filing procedures set forth in paragraph (a) of this section, a
water carrier may file its tariffs electronically in accordance with
the procedures and requirements of this section. Tariffs published,
filed, and kept electronically in accordance with the requirements of
this section shall be deemed to be on file with the Board for purposes
of 49 U.S.C. 13702(b).
(1) Annual certification. A water carrier that seeks to file its
tariff electronically must electronically file an annual certification
with the Board, made by the water carrier's duly authorized corporate
officer. The annual certification must be submitted to the Board on the
first business day in October each year. The Director of the Office of
Public Assistance, Governmental Affairs, and Compliance or a designee
will acknowledge receipt of each carrier's certification in writing.
The annual certification shall include the following:
(i) Certification that it is a water carrier operating in the
noncontiguous domestic trade subject to the Board's jurisdiction;
(ii) Certification that it is in compliance with the regulations of
this section for purposes of publishing, filing, and keeping its tariff
electronically;
(iii) Certification that it is in compliance with all other
regulations in this part, except those specifically applicable to
tariffs maintained in paper format;
(iv) An active link to the internet address of tariffs;
(v) The assigned alpha code of the issuing carrier or agent; and
(vi) Confirmation of electronic payment of the filing fee (pursuant
to 49 CFR 1002.2(a)).
(2) Sample text for the annual certification.
[Name of Director, Office of Public Assistance, Governmental
Affairs, and Compliance], Office of Public Assistance, Governmental
Affairs and Compliance, Surface Transportation Board, Washington, DC.
Dear Director: I, [name of signor], certify that I am [title of
office] of [name of water carrier], a water carrier operating in the
noncontiguous domestic trade subject to the jurisdiction of the Surface
Transportation Board, that [name of water carrier] is in compliance
with the regulations at part 1312 for purposes of publishing, filing,
and keeping its tariff electronically, and that it is in compliance
with all other regulations at part 1312, except those specifically
applicable to tariffs maintained in paper format.
The internet address where [name of water carrier]'s tariffs can be
located is:
This internet address is current as of [date].
I further declare (certify, verify or state) under penalty of
perjury [``under the laws of the United States of America'' if executed
outside of the United States of America] that the foregoing is true and
correct. Executed on [date].
Sincerely,
[signature of a duly authorized corporate officer of water carrier]
(3) Tariff access requirement. (i) A water carrier must provide the
Board with at least two business days advance notice of any planned
outage when its tariff will not be available on the internet, and
prompt notice on any occasion when the tariff becomes unavailable due
to circumstances beyond the carrier's control. Notice shall be
submitted by email to [email protected]. In the event of any outage,
carriers are required to make alternative arrangements with the agency
to ensure that the Board receives the tariffs in effect during the
outage.
(ii) A water carrier may establish reasonable registration
requirements for purposes of public access to its current tariff and
historical tariff information, such as requiring a user to provide his
or her name and email address; however, such requirements may not limit
tariff access to any particular group or class of users (such as
shippers or potential shippers) or impose unreasonable burdens on the
user, such as access fees or a showing of need.
(4) Historical tariff information and archiving. Tariffs kept on
the internet by a water carrier must allow the Board and the public to
retrieve historical versions, including all rates and applicable rules,
for a period of not less than five years, beginning on the date when a
carrier first electronically files its tariffs under these regulations.
0
9. Amend Sec. 1312.6 by adding paragraph (e) to read as follows:
Sec. 1312.6 Advance notice required.
* * * * *
(e) Notice for purposes of electronically filed tariffs. A water
carrier that keeps its tariffs on the internet must comply with the
notice requirements set forth in paragraph (b) of this section,
provided however, that the relevant notice periods set forth in
paragraphs (b)(1) and (2) of this section
[[Page 20296]]
shall run from the date on which the tariff matter first appears in the
water carrier's tariff on the internet.
0
10. Amend Sec. 1312.12 by adding paragraph (c) to read as follows:
Sec. 1312.12 Posting requirements.
* * * * *
(c) Exemption for electronically filed tariffs. A water carrier
that publishes, files, and keeps its tariffs electronically in
accordance with Sec. 1312.4(b) is exempt from the posting requirements
of this section.
0
11. Amend Sec. 1312.13 by adding paragraph (g) to read as follows:
Sec. 1312.13 Furnishing copies of tariff publications.
* * * * *
(g) Exemption for electronically filed tariffs. A water carrier
that publishes, files, and keeps its tariffs electronically in
accordance with Sec. 1312.4(b) is exempt from this section.
0
12. Amend Sec. 1312.15 by adding a sentence at the end of paragraph
(a) and a sentence at the end of paragraph (b) to read as follows:
Sec. 1312.15 Change of carrier or agent.
(a) * * * A water carrier that publishes, files, and keeps its
tariffs electronically in accordance with Sec. 1312.4(b) shall
promptly submit any such change by email to [email protected], but in no
case later than 20 days after the effective date.
(b) * * * A water carrier that publishes, files, and keeps its
tariffs electronically in accordance with Sec. 1312.4(b) shall
promptly submit any such change of agent by email to [email protected],
but in no case later than 200 days after the effective date.
[FR Doc. 2019-09564 Filed 5-8-19; 8:45 am]
BILLING CODE 4915-01-P
