Water Carrier Tariff Filing Procedures, 20292-20296 [2019-09564]

Download as PDF 20292 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules and Regulations State citation * * * * * * * * 3. Section 52.2023 is amended by adding reserved paragraph (l) and adding paragraph (m) to read as follows: ■ § 52.2023 State effective date Title/subject EPA approval date * Additional explanation/ § 52.2063 citation * (7) * * * (iv) Delivery or performance schedule. * * * * * [FR Doc. 2019–09628 Filed 5–8–19; 8:45 am] BILLING CODE 1301–00–D Approval status. * * * * * (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: jbell on DSK3GLQ082PROD with RULES ■ § 16.505 * Ordering. * * (a) * * * VerDate Sep<11>2014 * * 15:58 May 08, 2019 Jkt 247001 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: PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 * * 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. E:\FR\FM\09MYR1.SGM 09MYR1 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES 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. VerDate Sep<11>2014 15:58 May 08, 2019 Jkt 247001 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. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 20293 (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. E:\FR\FM\09MYR1.SGM 09MYR1 20294 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules and Regulations 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: ■ 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: ■ ■ § 1002.2 * Filing fees. * * * * (b) Nonpayment of fees. * * * (f) * * * Type of proceeding Fee * * * * * Part VI: Informal Proceedings: .................................................................................................................................. .................................................. * * * * * (78) (i) The filing of tariffs, including supplements, or contract summaries .......................................................... (ii) The filing of water carrier electronic annual certifications ......................................................................... * * * * * * * * Authority: 49 U.S.C. 1321(a), 13702(a), 13702(b), and 13702(d). * 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 jbell on DSK3GLQ082PROD with RULES * 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: ■ § 1312.1 Scope; definitions. ■ 3. The authority citation for part 1312 is revised to read as follows: * 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 VerDate Sep<11>2014 15:58 May 08, 2019 Jkt 247001 * * (c) * * * PO 00000 Frm 00056 * Fmt 4700 $1 per page. ($29 min charge.) $29. Publication means a bound tariff, a tariff supplement, a looseleaf tariff page, or an electronically published tariff. * * * * * 6. Amend § 1312.2 by revising paragraph (b), removing paragraph (e), and redesignating paragraph (f) as paragraph (e) to read as follows: ■ * Sfmt 4700 small if its number of employees is 750 or less. 13 CFR 121.201 (industry subsector 483). E:\FR\FM\09MYR1.SGM 09MYR1 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules and Regulations § 1312.2 tariff. Requirement to publish and file a * * * * * (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. * * * * * ■ 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. * * * * * ■ 8. Revise § 1312.4 to read as follows: jbell on DSK3GLQ082PROD with RULES § 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; VerDate Sep<11>2014 15:58 May 08, 2019 Jkt 247001 (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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 20295 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. * * * * * (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 E:\FR\FM\09MYR1.SGM 09MYR1 20296 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules and Regulations 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]


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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.

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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


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