Table Of ContentAPR 21 aD
ICC92
Interstate Conmamerce Comin SSION)
1902 Annual Repor
ICC92
Interstaie Commerce Commission
1992 Annual Report
S\
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For sale by the U.S. Government Printing Office
Supermtendent of Documents. Mail Stop: SSOP, Washington, DC 20402-932%
ISBN 0-16-041615-9
TABLE OF CONTENTS
Letter of Transmittal... __.. 3 Directed Service..........
Passenger Service........
The Commissior,........... 4
Functions anc Responsibility. 5 Trucking Companies........
How the ICC Operates ..... 5 Financial Condition........
Mergers and Unifications ...
Year in Review............. 7 Rates and Rate Bureaus....
Operating Rights
Administration............. 13 Safety.........02.0....
Organization and Foreign Carriers..........
Management .......... 13 Household Goods
Human Relations ......... 13 Insurance...............
Office of Public Assistance .. 13
Office of Inspector General... 13 Bus Companies......_—-_—s.i.....
Commission Buc.get....... 14 Financial Condition. .......
Fiscal Year 1992 Operating Rights
Appropriations ......... 14 Rates
Fiscal Year 1993
Appropriations ......... 14
Payments for Directed Rail Freight Forwarders, Water
Service Appropriation .... 15 Cai riers, Property
Brokers, and Pipelines. _.
(ebews eeaveecee ba 17
Regulation of Commercial intermodal Transportation. .
Motor Carriers .... . 7
Other Legislative Proposals. . 20 Energy and Environment |
Transportation and Related New Environmental Rules .
Agencies Appropriations Rail Line Constructions. .
Bill for 1993 ........... 21 Other Finance Transactions
Pipeline Safety Improvement and Rulemakings ...
ee 22 Rail Line Abandonments .
Overweight Containers... .. 23 Historic Review Process ...
Administrative Procedure Public Assistance.........
Technical Amendments Act. 23
ICC Sunset ............. 23 Tariffs and Rail Contracts __.
informal Rate Cases.......
Railroads.....s.s......... 25 Suspension/Special
Financial Condition. . . 25 Permission Board .
Financial Transactions 25
Labor issues ......... 30 Financial Oversight... —_—_—..
Short L wand 0 Accounting and Reporting. .
P ‘roads. ... 32 Cost and Financial Analysis. .
Abandurments. tneew ee 33 Cost Development ........
Construx. 9°3 eenneeen 40 Auditing. . .
Rates and. actices 41
Joint Rate © irchane r E..éorcement....—.—s—a—acic.w«s.
Cancellations, and Tar:ff Compliance
Compr“tive Access ..... 48 Automobile Driveaway
Freight Car Servi +........ 49 Service Failures
~
Small Business Protection... 90 Appendices............... 101
Unauthorized Transportation Commission Organization... 101
by Mexican Owned or Commission Workload ..... 111
Controlied Motor Carriers .. 92 Publications............. 122
Unsafe or Uninsured Appropriations and
Operations............ 93 Employment........... 125
Carrier Financial and
Court Actions.............. 95 Statistical Data......... 127
LETTER OF TRANSMITTAL
April 4, 1993
To the Congress of the United States:
It is my pleasure to submit the one hundred and sixth Annual
Report of the Interstate Commerce Commission.
The report covers the fiscal year ended September 30, 1992,
except in the discussion of significant actions that transcend the
12-month period, or where necessary to conform to various statis-
tical analyses.
The statement of appropriations and aggregate expenditures
for the fiscal year appears in Appendix D.
Edward J. Philbin
Chairman
4
THE COMMISSION
(As of September 30, 1992)
Term Expires
Appointed Dec. 31
Chairman
Edward J. Philbin (R) California 1990 1993
Vice Chairman
Gail Clements McDonald (D) Oklahoma 1990 1994
Commissioners
J. J. Simmons I!!! (0D) Oklahoma 1984 1995
Karen Borlaug Phiilips (Rj Virginia 1988 1996
Edward M. Emmett (R) Texas 1989 1992
On November 22, 1991, the Senate confirmed the nomination by President
Bush of Commissioner Karen Boriaug Phillips to another five-year term. She took
her second oath-of-office on December 5, 1991.
The Commissioners: From the left, Commissioner Karen Borlaug Phillips, Vice Chairman Gail
Clements McDonald, Chairman Edward J. Philbin, Commissioner J. J. Simmons Ill, and
Commissioner Edward M. Emmett
Funcatnd iResoponnsibsili ty fulfillment of the Commission's
many duties and functions.
The Interstate Commerce Com-
mission (ICC) is an independent Fed- The Vice Chairman represents the
eral agency responsible for regulating Commanid asssumses ithe oChainrman 's
interstate surface transportation within duties during the Chairman's absence.
the United States. In carrying out its Additionally, the “ommission delegates
regulatory responsibilities, the ICC at-
several important functions to the Vice
tempts to ensure that competitive, effi- Chairman, including oversight of matters
cient, ard safe transportation services involving the admission, disbarment, and
are provided to meet the needs of ship- discipline of non-attorney interstate Com-
pers, receivers, and consurners. merce Commission Practitioners.
The ICC today maintains jurisdic- During the fiscal year, the Commis-
tion over some 57,000 for-hire compa-
sion’s activities were carried out
nies providing surface transportation in
through an organizational structure
the U.S. Among these companies are
consisting of the Commission's bu-
railroads, trucking firms, bus lines, barge
reaus and o/fices, as follows:
operations, one coal slurry pipeline, cer-
Office of Compliance and Con-
tc... types of chemical pipelines, house-
sumer Assistance monitors the activi-
hold goods movers, and freight for-
ties of ICC-reguilated companies and rate
warders of household goods.
bureaus to ensure Compliance with the
The Interstate Commerce Commis-
law administered by the ICC, and assists
sioners are appointed by the President
the public in the resolution of complaints
and confirmed by the Senate. The ICC
against |CC-regulated companies.
is authorized to have five Commission-
Office of Congressional and
ers each with a five-year term of office.
Legislative Affairs develops and
How tiie ICC Operates maintains Cooperative relations with
Congress; performs liaison activities
Tne Commissioners supervise all
with Congress to enhance understand-
of the I(>C's activities, and delegate
ing of Commission actions; responds
specific authority to the Commission's
to Congressional inquiries; and pre-
bureaus and offices.
pares testimony for presentation at
As the executive head of the Com-
Congressional hearings and written
mission, the Chairman coordinates and
comments on proposed legislation for
organizes the agency's work and acts
submission to Congress.
as its representative in legislative mat-
Office of Economics cc"ducts
ters and in relations with other govern-
economic and statistical analyses of
mental bodies. In addition, the Chair-
the transportation industries and pro-
man generally is responsible for:
vides economic advice to the Commis-
1. Overall Commission management sion. The Office determines and applies
and operations; uniform accounting and reporting rules:
2. Formulation of plans and policies reviews various financial reports; ana-
designed to ensure Commission ef- lyzes cost, economic, engineering, and
fectiveness and the able administra- financial evidence submitted by parties
tion of the Interstate Commerce Act; in cases before the Commission; com-
. Identification and resolution of major piles and publishes transportation
regulatory problems; and, statistics and cost studies; conducts
. Development and utilization of ef- audits of pertinent records of trans-
fective, expert staff support for the portation firms; and ensures that energy
and environmental concerns are ade- rates, abandonments, and competitive
quately assessed. practices.
Office of Externa! Affairs directs Office of Public Assistance (Spe-
the intergovernmental, State and local cial Counsel) functions as a clearing-
house for resolution of smail-business
and media affairs for the Commission. problems related to surface transporta-
Office of the General Counsel tion regulation: advises the Commission
renders legal opinions to the Commis- on the nature and status of such prob-
sion, and defends Commission deci- lems; contributes to the public interest
sions challenged in court. record in Commission cases; and assists
Office of Hearings is staffed by individuals, Consumer groups, small
Administrative Law Judges that conduct communities, small shippers, as well as
various hearings and render initial deci- transportation and public utility commis-
sions as directed by the Commission. sion Officials participating in those cases.
Office of Human Relations man- Office of the Secretary serves as
ages the Commission's program to pro- the Commission's documentation center
vide equal employment opportunity for all and clerk of the Commission. The Secre-
employees and applicants, and provides tary's legal unit prepares procedural de-
traiinn thie narega of human relations. cisions and informal opinions. The Office
Office of Inspector General is responsible for record keeping and the
conducts independent interna! audits issuance of the Commission's decisions
and investigations of the Commission's and other legal documents. The Office
operations. also administers the examination pro-
Office of the Managing Direc- gram for non-attorney ICC practitioners
tor manages the Commission's day-to- and is involved in the acceptance of fil-
day operations. This includes budget, ings and the assignment of proceedings
personnel, administrative services, and to the Commission's Bureau and Offices.
systems development. Office of Tariffs monitors tariff
Office of Proceedings processes publication, filing, and interpretation, and
Commission cases pertaining to oper- suspends any unreasonable or unlawful!
ating rights, financial matters, mergers, tariffs before they become effective.
YEAR IN REVIEW
1991 18 Commidenises sreqiuesto fonr re in-
Statement of short-tanrioff tauithocritey in
OCTOBER
response to recentiy increased fuel costs.
10 Commission releases 1990 Uniform 19 Commission issues guide for new
Railroad Costing System unit costs. environmental rules.
Reveriues, earnings. and ridership Nation's larger trucking Companies
of Nation's larger bus Companies im-
report decline in earnings Guring third
proves during second quarter of 1991. quarter of 1991.
23 Commission announces settie- Nation's largest household goods
ment in Pueblo international v. Puerto Carners show earnings increase, reverive
Rico Maritime rate complaint case. declines during third quarter of 1991.
Earnings of Nation's largest railroads
in Union Pacific Railroad Company aban- increase during third quarter of 1991.
donment proposal in Wallace, idaho.
1992
24 Commission modifies procedures
to determine the Rail Cost Adjustment
JANUARY
Factor (RCAF) for long-run changes in
railroad productivity. 3 Commission sets first quarter rail
cost adjustment factor; maximum
RCAF rate levels decrease 1.6 percent
4 Commission announces new en- from the previous quarter.
forcement policy. Commission finds Pittsburgh a
Conneaut Dock Company to be a rail
6 Commission adopts 1909 railroad
common carrier and requires Black-
stone to obtain authority for the pur-
7 Commission announces settiement in
chase or divest the company.
lowa Power v. Burlingten Northern Rail-
6 Nation's larger bus Companies re-
road switching Charge complaint case.
port increased revenues, earnings dur-
11 Commission adopts rules to apply
ing third quarter of 1991.
new Uniform Railroad Costing System
Commission appeals, seeks stay of
for off-branch cost determinations in
adverse Transcon court decision, in JOC
abandonment proceedings.
v. Transcon Lines et al, No. 91-5036-1H.
18 Commission establishes a maxi- (C.D. Cal.)
mum period of 180 days for railroads
10 Commission seeks emergency in-
to reinstate expired railroad transporta-
junctive relief from Ninth Circuit Court in
tion contracts.
Transcon litigation.
19 Commission reminds Nation's li-
18 Appeals Court orders Transcon
censed interstate ruck and bus opera-
* sstee to cease discount-related col-
tors of responsibilities under Nation-
| %tion activity pencing appeal.
wide commercial driver's license.
2 Commission releases staff report
discussing the effects of economic policy
§ Commission and Federal Maritime ard deregulation on nonfinancial corpo-
Commission issue joint policy statement rations, Carriers, the public and utilities.
concerning domestic offshore trade.
FEBRUARY
Commission determines 1992 rev-
enue-to-variable cost ratio caps for § Commission finds mileage-based
nonferrous recyclable commodities rates of Overland Express cannot form
transported by railroad. the basis for undercharge clairns.
