Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations 46919

1They were first published at 49 CFR part 181.

2This section provided that the ICC ‘‘may

prescribe a uniform accounting system for classes

of carriers providing . . . transportation subject to

the jurisdiction of the Commission under

subchapters II, III, and IV . . . of this title.’’

warning signal, required by S5.5.1(e) of

this standard, is illuminated.

S6.3.13 Electric vehicles.

S6.3.13.1 (a) For an EV equipped

with an RBS that is part of the service

brake system, the RBS is operational

during the burnish and all tests, except

for the test of a failed RBS.

(b) For an EV equipped with an RBS

that is not part of the service brake

system, the RBS is operational and set

to produce the maximum regenerative

braking effect during the burnish, and is

disabled during the test procedures. If

the vehicle is equipped with a neutral

gear that automatically disables the

RBS, the test procedures which are

designated to be conducted in gear may

be conducted in neutral.

S6.3.13.2 For tests conducted ‘‘in

neutral’’, the operator of an EV with no

‘‘neutral’’ position (or other means such

as a clutch for disconnecting the drive

train from the propulsion motor(s)) does

not apply any electromotive force to the

propulsion motor(s). Any electromotive

force that is applied to the propulsion

motor(s) automatically remains in effect

unless otherwise specified by the test

procedure.

* * * * *

S7.2.4 Performance requirements.

* * * * *

(f) An EV with RBS that is part of the

service brake system shall meet the

performance requirements over the

entire normal operating range of the

RBS.

* * * * *

S7.4.5 Performance requirements.

* * *

S7.4.5.1 An EV with RBS that is part

of the service brake system shall meet

the performance requirement over the

entire normal operating range of the

RBS.

* * * * *

S7.7.3. Test conditions and

procedures.

* * * * *

(h) For an EV, this test is conducted

with no electromotive force applied to

the vehicle propulsion motor(s), but

with brake power or power assist still

operating, unless cutting off the

propulsion motor(s) also disables those

systems.

* * * * *

S7.10 Partial failure.

* * * * *

S7.10.3. Test conditions and

procedures.

* * * * *

(f) Alter the service brake system to

produce any single failure. For a

hydraulic circuit, this may be any single

rupture or leakage type failure, other

than a structural failure of a housing

that is common to two or more

subsystems. For a vehicle in which the

brake signal is transmitted electrically

between the brake pedal and some or all

of the foundation brakes, regardless of

the means of actuation of the foundation

brakes, this may be any single failure in

any circuit that electrically transmits the

brake signal. For an EV with RBS that

is part of the service brake system, this

may be any single failure in the RBS.

* * * * *

S7.10.4 Performance requirements.

For vehicles manufactured with a split

service brake system, in the event of any

failure in a single subsystem, as

specified in S7.10.3(f) of this standard,

and after activation of the brake system

indicator as specified in S5.5.1, the

remaining portions of the service brake

system shall continue to operate and

shall stop the vehicle as specified in

S7.10.4(a) or S7.10.4(b). For vehicles not

manufactured with a split service brake

system, in the event of any failure in

any component of the service brake

system, as specified in S7.10.3(f), and

after activation of the brake system

indicator as specified in S5.5.1 of this

standard, the vehicle shall, by operation

of the service brake control, stop 10

times consecutively as specified in

S7.10.4(a) or S7.10.4(b).

S7.11.3. Test conditions and

procedures.

* * * * *

(m) For vehicles with electricallyactuated service brakes (brake power

unit), this test is conducted with any

single electrical failure in the

electrically-actuated service brakes

instead of a failure of any other brake

power or brake power assist unit, and

all other systems intact.

(n) For an EV with RBS that is part of

the service brake system, this test is

conducted with the RBS disconnected

and all other systems intact.

* * * * *

S7.12.2. Test conditions and

procedures.

* * * * *

(i) For a vehicle equipped with

mechanically-applied parking brakes,

make a single application of the parking

brake control with a force not exceeding

the limits specified in S7.12.2(b). For a

vehicle using an electrically-activated

parking brake, apply the parking brake

by activating the parking brake control.

* * * * *

Issued on: August 26, 1997.

Ricardo Martinez, M.D.

Administrator.

[FR Doc. 97–23318 Filed 9–4–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1206

[STB Ex Parte No. 569]

Removal of Obsolete Motor Passenger

Carrier Accounting Regulations

AGENCY: Surface Transportation Board,

DOT.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (Board) is removing from the

Code of Federal Regulations obsolete

rules concerning the Uniform System of

Accounts for motor carriers of

passengers.

EFFECTIVE DATE: This rule is effective

September 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. [TDD for

the hearing impaired: (202) 565–1695.]

SUPPLEMENTARY INFORMATION: Effective

January 1, 1996, the ICC Termination

Act of 1995, Pub. L. No. 104–88, 109

Stat. 803 (ICCTA), abolished the

Interstate Commerce Commission (ICC

or Commission) and established the

Board within the Department of

Transportation. Section 204(a) of the

ICCTA provides that ‘‘[t]he Board shall

promptly rescind all regulations

established by the [ICC] that are based

on provisions of law repealed and not

substantively reenacted by this Act.’’

The regulations in part 1206,

establishing a Uniform System of

Accounts (USOA) for motor carriers of

passengers, were originally issued in

1937. In response to the Motor Carrier

Act of 1935, the ICC adopted the

regulations pursuant to former section

204 of the Interstate Commerce Act. 2

FR 2689 (December 8, 1937).1 Section

204 was recodified in 1978 at 49 U.S.C.

11142.2 Motor passenger carriers used

the USOA to develop data for annual

and quarterly reports in accordance

with 49 CFR part 1249.

In Elimination of Acctg. & Reporting

Reqts. for Motor Carriers of Passengers,

3 I.C.C.2d 796 (1987), the ICC adopted

new accounting and reporting rules for

motor passenger carriers. The ICC

reduced the quarterly and annual

reports prescribed in 49 CFR 1249 to a

one-page format. The ICC also decided

that the USOA would no longer be

prescribed as the basis of motor carrier
46920 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations

3The ICCTA also transferred authority for

collecting financial reports from motor carriers to

the Secretary of Transportation (and not this Board),

under new 49 U.S.C. 14123. The Secretary has

assigned this responsibility to the Bureau of

Transportation Statistics. We will address the

appropriate disposition of the companion part 1249

regulations in a separate proceeding.

4Even without the repeal of the underlying

statutory authority, we would have questioned the

need or appropriateness of continuing to publish

‘‘for reference purposes only’’ more than 70 pages

of regulations that are no longer in effect.

accounting. Instead, carriers could

follow generally accepted accounting

principles for all reporting and

accounting matters. Nevertheless, the

part 1206 USOA regulations were left in

place. The ICC stated that because of

‘‘the value of the USOA as a reference

and its importance to States and others

for assuring uniformity of reporting

. . .[,] the USOA will remain in the

Code of Federal Regulations for

reference purposes only, but it will not

be prescribed as the basis of the

Commission’s one-page report form.’’ 3

I.C.C.2d at 802 (emphasis supplied).

The ICCTA repealed the uniform

accounting provisions of section 11142

for motor carriers.3 Accordingly, we will

remove the part 1206 regulations.4

The Board certifies that elimination of

this rule will not have a significant

economic effect on a substantial number

of small entities. This regulation has

been retained in recent years only as a

reference tool.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1206

Buses, Motor carriers, Uniform

System of Accounts.

Decided: August 25, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

PART 1206—[REMOVED]

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X, of the

Code of Federal Regulations is amended

by removing Part 1206.

[FR Doc. 97–23460 Filed 9–4–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 961227373–6373–01; I.D.

082797F]

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Sablefish Trip

Limit Changes South of 36° N. Lat.

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishing restrictions; request for

comments.

SUMMARY: NMFS announces a change to

restrictions to the Pacific Coast, fixed

gear groundfish fisheries for sablefish

taken and retained, possessed or landed

south of 36° N. lat. This action is

authorized by regulations implementing

the Pacific Coast Groundfish Fishery

Management Plan (FMP), which governs

the groundfish fishery off Washington,

Oregon, and California. This action is

intended to help vessels making longer

trips to reduce their discards. It will also

improve the flexibility of landings

restrictions for fishers south of 36° N.

lat. by allowing them to choose whether

they will land sablefish under the daily

trip limit or under an alternative weekly

trip limit.

DATES: Effective 0001 hours local time

(l.t.) September 1, 1997. This change

remains in effect until the effective date

of the 1998 annual specifications and

management measures for the Pacific

Coast groundfish fishery, unless

modified, superseded, or rescinded.

Comments will be accepted through

September 22, 1997.

ADDRESSES: Submit comments to

William Stelle, Jr., Administrator,

Northwest Region (Regional

Administrator), NMFS, 7600 Sand Point

Way NE., Seattle, WA 98115–0070; or

William Hogarth, Acting Administrator,

Southwest Region, NMFS, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140

or Rodney McInnis at 562–980–4040.

SUPPLEMENTARY INFORMATION: The

following changes to routine

management measures are based on the

best available information, and were

recommended by the Pacific Fishery

Management Council (Council), in

consultation with the states of

Washington, Oregon, and California, at

its April 8–11, 1997, meeting in

Millbrae, CA.

The limited entry fixed gear sablefish

fishery south of 36° N. lat. is currently

managed with a daily trip limit of 350

lb (136 kg) per day. At the April Council

meeting, the Council received testimony

from fishers operating in waters south of

36° N. lat. that the daily trip limit

results in sablefish discards for fishers

who make multi-day trips for other

species. Some limited entry fishers in

that area take fishing trips of 4–6 days

in duration so that they are able to fish

on deepwater species living near the

seamounts off the coast of southern

California. Regardless of the length of

the fishing trip, fishers currently may

land sablefish only under the daily trip

limit. It is possible that on a multi-day

trip targeting deep water rockfish, more

than 350 lb (136 kg) of sablefish may

also be taken. Currently, sablefish

exceeding the daily trip limit must be

discarded because daily trip limits may

not be accumulated over multi-day

trips.

At its April 1997 meeting, the Council

recommended a measure that would

give limited entry, fixed gear sablefish

fishers south of 36° N. lat. the option to

make just one landing per week of above

350 lb (136 kg) but not more than 1,050

lb (476 kg), rather than the current daily

trip limit of 350 lb (136 kg). Fishers may

alternatively choose to operate under

the current regime, which allows fishers

to land 350 lb (136 kg) per day. A fisher

may not make a landing larger than 350

lb (136 kg) and continue to land

sablefish under the daily trip limit for

the rest of the week. For the purposes

of this regulation, a week is 7

consecutive days, from 0001 hours l.t.

Sunday through 2400 hours l.t.

Saturday.

The Council recommended that

NMFS set this measure in place for

September 1 if no more than 210 mt

(462,966 lb) of sablefish have been

landed by all gears in the area south of

36° N. lat. through the end of July. The

sablefish acceptable biological catch

(ABC) for waters south of 36° N. lat. is

425 mt (936,964 lb). Because there is a

possibility that this measure may

increase the rate of sablefish harvest

south of 36° N. lat, the Council placed

the 210 mt (462,966 lb) restriction on

implementing this measure. The

Council expects that, with a south of 36°

N. lat. harvest of less than 210 mt

(462,966 lb) through the end of July, this

measure may be implemented for

September through December without

the risk of exceeding the sablefish ABC

for waters south of 36° N. lat. To further

safeguard the ABC, the Council

recommended removing the option for

one large landing per week if the