Federal Register / Vol. 62, No. 23 / Tuesday, February 4, 1997 / Rules and Regulations 5171

1These rules were originally promulgated in

Exemption of Certain Transactions Under 49 U.S.C.

11343, 133 M.C.C. 449 (1984).

2Regulatory approval, formally required under

former 49 U.S.C. 10926, is no longer needed when

the parties’ aggregate gross operating revenues do

not exceed the $2 million threshold.

49 CFR Part 1186

[STB Ex Parte No. 553]

Removal of Obsolete Regulations

Concerning Exemption of Motor

Carrier of Property Finance

Transactions

AGENCY: Surface Transportation Board,

Transportation.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (the Board) is removing from the

Code of Federal Regulations obsolete

regulations concerning exemption of

finance transactions between motor

carriers of property and between such

carriers and noncarriers.

EFFECTIVE DATE: March 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5660. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: Effective

January 1, 1996, the ICC Termination

Act of 1995, Public Law No. 104–88,

109 Stat. 803 (ICCTA), abolished the

Interstate Commerce Commission (ICC)

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are based on provisions of law repealed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.’’

Prior to January 1, 1996, former 49

U.S.C. 11343 provided that certain rail,

motor, and water carrier finance

transactions, including those related to

mergers, purchases, and acquisitions of

control, could not be carried out

without prior ICC approval. However,

under former 49 U.S.C. 11343(e), the

ICC could exempt from regulation

certain individual financial transactions

involving motor carriers of property.

Regulations implementing this

exemption provision are found at 49

CFR 1186. 1

Under the ICCTA, portions of section

11343, including the exemption

provision of 49 U.S.C. 11343(e), have

been repealed. Accordingly, we will

eliminate the exemption regulations at

49 CFR part 1186.

We also note that new 49 U.S.C.

14303 is the only remaining statutory

provision analogous to the non-rail

portions of former 49 U.S.C. 11343.

Under section 14303, motor carriers of

passengers must still obtain Board

approval for the same transactions that

formerly were subject to former 49

U.S.C. 11343, unless the parties’

aggregate gross operating revenues do

not exceed $2 million. 2

Currently, our regulations at 49 CFR

part 1182 govern the purchase, merger,

or acquisition of control of motor

passenger and water carriers. In a

separate proceeding instituted shortly,

we will remove the regulations for water

carriers in part 1182 (49 U.S.C. 14303(g)

applies only to motor passenger carriers)

and make appropriate modifications to

the portions of 49 CFR part 1182 dealing

with motor passenger carriers.

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 1186

Administrative practice and

procedure, Freight Forwarders, Motor

carriers.

Decided: January 24, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

PART 1186—[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 1186.

[FR Doc. 97–2547 Filed 2–3–97; 8:45 am]

BILLING CODE 4915–00–P

49 CFR Part 1310

[STB Ex Parte No. 555]

Household Goods Tariffs

AGENCY: Surface Transportation Board,

Transportation.

ACTION: Final rules.

SUMMARY: The Surface Transportation

Board (Board) adopts regulations

governing the tariffs that motor carriers

and freight forwarders are required to

maintain for the transportation of

household goods; and establishing the

notice requirements with which

household goods carriers must comply

in order to be entitled to enforce the

provisions of their tariffs against

individuals whose shipments are

subject to such tariffs. These regulations

reflect changes effected by the ICC

Termination Act of 1995.

EFFECTIVE DATE: These rules are effective

March 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5660. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: The

Board’s decision adopting these

regulations is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

Small Entities

The Board certifies that these rules

will not have a significant economic

effect on a substantial number of small

entities.

Environment

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 1310

Household goods carriers, Moving of

household goods, Tariffs.

Decided: January 22, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board adds a new part

1310 to title 49, chapter X, of the Code

of Federal Regulations to read as

follows:

PART 1310—TARIFF REQUIREMENTS

FOR HOUSEHOLD GOODS CARRIERS

Sec.

1310.1 Scope; Definitions.

1310.2 Requirement to maintain tariffs.

1310.3 Contents of tariffs.

1310.4 Incorporation of tariff provisions by

reference.

1310.5 Availability of tariffs at carrier

offices.

1310.6 Furnishing copies of tariff

publications.

Authority: 49 U.S.C. 721(a), 13702(a),

13702(c) and 13702(d).

§ 1310.1 Scope; Definitions.

(a) The provisions of this part address

the tariff requirements imposed by 49

U.S.C. 13702 on motor carriers and

freight forwarders for the transportation

of household goods, and the notice

requirements with which such carriers

must comply in order to be entitled to

enforce the provisions of their tariffs

against individuals whose shipments

are subject to such tariffs.

(b) The provisions of this part apply

to all movements of household goods

defined in paragraph (c)(1) of this

section, and to those movements of

household goods defined in paragraph

(c)(2) of this section that are not

provided under contracts entered into

pursuant to 49 U.S.C. 14101(b) or former