[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Rules and Regulations]
[Pages 50885-50887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25733]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1022, 1030, 1091, 1131, 1143, 1156, and 1170

[STB Ex Parte No. 572]


Removal of Miscellaneous Obsolete Regulations

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) is removing seven 
obsolete parts of the Code of Federal Regulations.

EFFECTIVE DATE: These rules are effective September 29, 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. 104-88, 109 Stat. 803 (ICCTA), 
abolished the Interstate Commerce Commission (ICC) and established the 
Board. Section 204(a) of the ICCTA directs the Board to rescind all 
regulations established by the ICC that are based on provisions of law 
repealed and not substantively reenacted by the ICCTA. Pursuant to that 
directive, the Board has removed many such regulations. We have 
identified 6 additional parts of title 49, chapter X of the Code of 
Federal Regulations that should be removed because their statutory 
bases have been eliminated: Parts 1022, 1030, 1091, 1143, 1156, and 
1170. A seventh part, 49 CFR part 1131, is being deleted because of 
revisions the Board is making in response to the ICCTA. Because it is 
clear that these regulations are obsolete, and in order to have these 
changes in place for the next issue of title 49, we are making the rule 
removals effective on the date of service.

[[Page 50886]]

Part 1022

    In response to an amendment to former section 205(f) of the 
Interstate Commerce Act, the ICC issued the regulations now found at 49 
CFR part 1022 concerning cooperative agreements with states. 31 FR 
16402 (December 23, 1966). The statute authorized the ICC to make 
cooperative agreements with the States to enforce economic and safety 
laws and regulations of the States and the United States concerning 
highway transportation.<SUP>1</SUP> Section 205(f) was 
recodified,<SUP>2</SUP> as here relevant, at former 49 U.S.C. 
11502.<SUP>3</SUP> This section has been removed by the ICCTA. 
Accordingly, we are removing the obsolete regulations at 49 CFR part 
1022.
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    \1\ The regulations were later modified, removing references to 
safety. 55 FR 11196 (March 27, 1990).
    \2\ In 1978, the Interstate Commerce Act was recodified without 
substantive change pursuant to Pub. L. 95-473, Oct. 17, 1978.
    \3\ Part of former section 205(f) concerning joint boards was 
recodified at former 49 U.S.C. 10344. This section was also removed 
by the ICCTA.
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Part 1030

    The regulations now found at 49 CFR part 1030 were originally 
published at 17 FR 7548 (August 19, 1952). This rule, concerning the 
filing of contracts with other carriers, was based on former section 
6(5) of the Interstate Commerce Act, later recodified at former 49 
U.S.C. 10764. That section has been eliminated by the ICCTA, and, 
accordingly, we are removing the part 1030 regulations based on that 
statute.

Part 1091

    Part 1091 concerns tariff requirements for Alaskan motor-ocean-
motor ``substituted service,'' where water carriage is substituted for 
motor carriage for a portion of the transportation even though the 
motor carrier holds itself out to perform the entire movement. Under 
the ICCTA, tariffs no longer have to be filed with the Board for these 
movements. Now, the only motor carrier tariffs that must be filed with 
us are those concerning joint rates with water carriers in the 
noncontiguous domestic trade. 49 U.S.C. 13701(a)(1)(B).<SUP>4</SUP> It 
is unnecessary to file a ``tariff where the entire service is held out 
by the motor carrier (notwithstanding that some of the service may be 
performed by a water carrier under substitute service rules.* * *)'' 
Id.<SUP>5</SUP> Because substituted service is not a joint rate 
arrangement, the tariff requirements in part 1091 are obsolete and are 
being removed.
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    \4\ In Exemption of Freight Forwarders in the Noncontiguous 
Domestic Trade from Rate Reasonableness and Tariff Filing 
Requirements, STB Ex Parte No. 598, __ STB __ (Feb. 21, 1997), slip. 
op. at 5, we interpreted the language in 49 U.S.C. 13701(a)(1)(B) 
(``movement by or with a water carrier'') as denoting, as here 
relevant, ``joint rates in which a water carrier is a participant.''
    \5\ See also Sea-Land Freight Serv., Inc. et al.--Alaskan Trade 
Substituted Serv.--Petition for Declaratory Order, Docket No. MC-C-
10924, 1987 MCC Lexis 529, at *10 (ICC served Mar. 13, 1987): 
``[S]ubstituted service is not a through route/joint rate 
arrangement * * *.''
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Part 1131

    The rules at 49 CFR part 1131 concern the procedures for rate 
complaints and (Sec. 1131.4) petitions by railroads to review state 
intrastate rate decisions or applications to prescribe intrastate 
rates. We will remove these rules. Insofar as rate complaints are 
concerned, the ICC revised its regulations in 1982 to provide for two 
sets of formal complaint rules, one for rate complaints and another for 
all other complaints. See Revision and Redesignation of the Rules of 
Practice, Ex Parte No. 55 (Sub-No. 55) (ICC served Nov. 1, 1982) (47 FR 
49572). By decision served on October 1, 1996, in Expedited Procedures 
for Processing Rail Rate Reasonableness, Exemption and Revocation 
Proceedings, Ex Parte No. 527, published in the Federal Register on 
October 8, 1996, 61 FR 52710, the Board adopted final rules at 49 CFR 
part 1111 to expedite the handling of challenges to the reasonableness 
of railroad rates, including the adoption of a procedural schedule 
applicable in stand-alone rate cases.<SUP>6</SUP> Part 1111 also 
contains procedures for non-rate complaint cases. It is therefore 
unnecessary, and confusing, to have a second set of rate complaint 
rules.
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    \6\ In an Advance Notice of Proposed Rulemaking, Expedited 
Procedures for Processing Simplified Rail Rate Reasonableness 
Proceedings, Ex Parte No. 527 (Sub-No. 1) (served and published in 
the Federal Register on February 12, 1997 (62 FR 6508)), the Board 
solicited comments to establish a general procedural schedule for 
cases processed under the simplified rate evaluation procedures 
adopted in Rate Guidelines-- Non-Coal Proceedings, Ex Parte No. 347 
(Sub-No. 2). When final rules are issued in that proceeding, the 
Board will have in place rules applicable to all rate complaints.
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    With respect to intrastate rate decisions, the intrastate rail rate 
rules in Sec. 1131.4 are based on former 49 U.S.C. 11501. The parts of 
Sec. 11501 pertaining to rail matters were eliminated by the 
ICCTA.<SUP>7</SUP> Because the statutory basis for the Sec. 1131.4 
rules was removed, we are deleting these obsolete regulations.
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    \7\ Under 49 U.S.C. 10501(a)(2)(A), the Board has jurisdiction 
over transportation between a place in one state and a place in the 
same state ``as part of the interstate rail network.'' Accordingly, 
only if the intrastate movement is not part of the interstate rail 
system can a state exercise jurisdiction. In such limited areas, the 
Board does not have jurisdiction.
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Part 1143

    Part 1143 provides that if an interstate motor carrier of 
passengers has requested permission from a state authority to raise an 
intrastate rate, and that request has been denied in whole or in part 
or the state has not taken final action on the request within a 120 
days, the carrier can petition the ICC for review. This provision was 
based on former 49 U.S.C. 11501(e). Section 211(b)(2) of Public Law 
103-311, 108 Stat. 1673 (1994) removed the procedures of former section 
11501(e) for petitioning the ICC. Moreover, the ICCTA broadened the 
preemption of state regulation of intrastate motor carrier of passenger 
rates. Prior to the ICCTA, states were preempted from regulating 
reductions in intrastate motor carrier passenger rates over interstate 
routes. Now, states are preempted from regulating all intrastate motor 
passenger rates over interstate routes. See 49 U.S.C. 14501(a). 
Accordingly, we are removing the part 1143 regulations.

Part 1156

    Part 1156 concerns submission of cost data for reimbursement for 
directed service. Under former section 1(16)(b) of the Interstate 
Commerce Act (recodified at former 49 U.S.C. 11125), the directed 
carrier was to be reimbursed by the Federal Government in the amount 
that costs for routing, handling, and moving traffic over the other 
carrier's lines exceeded the direct revenues from that traffic. The 
regulations were originally issued in Regional Rail Reorg. Act--
Submission of Cost Data, 348 I.C.C. 251 (1975). The directed service 
statute under the ICCTA is now found at 49 U.S.C. 11123, and the 
reimbursement provision has been eliminated. Now, section 11123(b)(3) 
states that ``compensation for the directed operations shall derive 
only from revenues generated by the directed operations.'' <SUP>8</SUP> 
Accordingly, the regulations in part 1156 for providing cost data to 
justify reimbursement for directed service are obsolete and are being 
eliminated.
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    \8\ The conference report accompanying the ICCTA notes that the 
statute ``restricts directed rail transportation to situations where 
no Federal funding is involved, and compensation to the carrier 
providing the directed service comes entirely from the revenues 
generated by the service.'' H.R. Conf. Rep. No. 422, 104th Cong., 
1st Sess. 185 (1995), reprinted in 1995 U.S.C.C.A.N. 793, 870.
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Part 1170

    We are removing part 1170. These regulations concern reemployment 
rights for employees of motor passenger carriers who lose their jobs 
because of discontinuances or reductions of regular-route bus service. 
The rules were issued in response to section 27 of the Bus Regulatory 
Reform Act of 1982 and published as a note to former 49

[[Page 50887]]

U.S.C. 10935. See Employee Protection--Motor Passenger Carriers, 133 
M.C.C. 140 (1983). By its terms, the provisions of section 27 expired 
12 years after its November 1982 effective date. See Section 27(i). The 
ICCTA, moreover, repealed former section 10935.

Small Entities

    The Board certifies that this rule 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

49 CFR Part 1022

    Intergovernmental relations.

49 CFR Part 1030

    Railroads.

49 CFR Part 1091

    Alaska, Intermodal transportation, Motor carriers.

49 CFR Part 1131

    Administrative practice and procedure, Investigations, Railroads.

49 CFR Part 1143

    Administrative practice and procedure, Intergovernmental relations.

49 CFR Part 1156

    Railroads, Uniform system of accounts.

49 CFR Part 1170

    Administrative practice and procedure, Buses, Employment.

    Decided: September 19, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.

PART 1022--[REMOVED]

PART 1030--[REMOVED]

PART 1091--[REMOVED]

PART 1131--[REMOVED]

PART 1143--[REMOVED]

PART 1156--[REMOVED]

PART 1170--[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 parts 1022, 1030, 1091, 1131, 1143, 
1156 and 1170.

[FR Doc. 97-25733 Filed 9-26-97; 8:45 am]
BILLING CODE 4910-00-P