50882 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

1While some of the functions of the Motor Carrier

Board have either been eliminated or transferred to

the Federal Highway Administration, under new 49

U.S.C. 14303, the Board has jurisdiction over motor

passenger carrier finance applications and interim

approval requests. These matters will be handled by

the entire Board.

2The Accounting Board is an employee board

that rules on technical issues dealing with

accounting, reporting and record retention rules,

and prescribes depreciation rates used by railroads.

This board consists of three employees within the

Office of Economics, Environmental Analysis and

Administration who have strong accounting

backgrounds, and, in light of the technical nature

of the issues that are considered, we believe that the

retention of this employee board is desirable.

Procedural rules for this board are found in revised

49 CFR part 1118.

Authority: 49 U.S.C. 30141, 31 U.S.C.

9701; delegation of authority at 49 CFR 1.50.

2. Section 594.5 is amended by

redesignating paragraphs (g) and (h) as

paragraphs (h) and (i), respectively, and

by adding a new paragraph (g), to read

as follows:

§ 594.5 Establishment and payment of

fees.

* * * * *

(g) A fee for the review and processing

of a conformity certificate shall be

submitted with each certificate of

conformity furnished to the

Administrator.

3. A new section 594.10 is added to

part 594, to read as follows:

§ 594.10 Fee for review and processing of

conformity certificate.

(a) Each registered importer shall pay

a fee based on the agency’s direct and

indirect costs for the review and

processing of each certificate of

conformity furnished to the

Administrator pursuant to § 591.7(e) of

this chapter.

(b) The direct costs attributable to the

review and processing of a certificate of

conformity include the estimated cost of

contract and professional staff time,

computer usage, and record assembly,

marking, shipment and storage costs.

(c) The indirect costs attributable to

the review and processing of a

certificate of conformity include a pro

rata allocation of the average benefits of

persons employed in reviewing and

processing the certificates, and a pro

rata allocation of the costs attributable

to the rental and maintenance of office

space and equipment, the use of office

supplies, and other overhead items.

(d) For certificates of conformity

submitted on and after October 29,

1997, the fee is $14.00.

* * * * *

Issued on: September 23, 1997.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 97–25665 Filed 9–26–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1011, 1118, 1130 and

1132

[STB Ex Parte No. 570]

Technical Amendments Concerning

Employee Boards

AGENCY: Surface Transportation Board,

DOT.

ACTION: Final rules.

SUMMARY: The Board revises its

regulations to remove obsolete

delegations of authority; update

references to statutory provisions;

eliminate several employee boards;

delegate to designated offices and

individuals certain of the matters

formerly delegated to employee boards;

and reserve to the Board the initial

decision making authority for certain

formerly delegated matters.

EFFECTIVE DATE: These rules are effective

September 29, 1997.

FOR FURTHER INFORMATION CONTACT:

James W. Greene, (202) 565–1578. (TDD

for the hearing impaired: (202) 565–

1695.)

SUPPLEMENTARY INFORMATION: The Board

is revising its delegations of authority to

reflect changes implemented by the ICC

Termination Act of 1995, Pub. L. 104–

88, 109 Stat. 803 (1995) (ICCTA). The

ICCTA abolished the Interstate

Commerce Commission (ICC) and

established the Board. Some of the ICC’s

functions were transferred to the Board

and others were transferred to the

Secretary of Transportation (and

subsequently delegated to the Federal

Highway Administration (FHWA)).

49 CFR 1011.6, the employee board

section, establishes 10 employee boards:

The Suspension/Special Permission

(§ 1011.6(a)), the Insurance Board

(§ 1011.6(b)(1)), the Motor Carrier

Leasing Board (§ 1011.6(b)(2)), the

Railroad Service Board (§ 1011.6(b)(3)),

the Revocation Board (§ 1011.6(b)(4)),

the Released Rates Board (§ 1011.6(c)),

the Accounting Board (§ 1011.6(d)), the

Special Docket Board (§ 1011.6(e)), the

Regional Motor Carrier Boards

(§ 1011.6(f)), and the Motor Carrier

Board (§ 1011.6(g)).

Some of the delegations of authority

under which these employee boards

were established include matters over

which the Board does not exercise

jurisdiction. In particular, the remaining

statutory bases for the Insurance Board,

the Motor Carrier Leasing Board, the

Revocation Board, and the Regional

Motor Carrier Boards have been

transferred to the Department of

Transportation. Therefore, we are

removing from the Code of Federal

Regulations the regulations providing

for these employee boards.

The other employee boards perform

functions that continue under the

Board’s jurisdiction.1 Except for the

Accounting Board,2 these employee

boards are being eliminated, but their

duties will be handled by the Board

Members, Offices of the Board, or

individuals to whom authority is being

delegated.

Employee boards performed essential

functions at a time when more

comprehensive transportation

regulation required the ICC to make a

significantly greater number of

decisions, and when literally thousands

of decisions were made under

delegations of authority each year. The

elimination of much transportation

regulation in recent years and the

transfer of certain responsibilities to

other agencies have, however, reduced

the need for employee boards at the

Board. In the current, less regulated

environment, we believe that either

delegating authority to individual

Offices and employees of the Board or

reserving matters for the entire Board

will be a fully adequate and more

efficient way of processing cases.

While the quantity of decisions issued

by the agency has been reduced, certain

delegations of authority continue to be

warranted in areas where the action to

be taken is clear under existing Board

policies, and where prompt action is

needed. By continuing to delegate

authority in these areas, we can reduce

both the time that Board members

would otherwise be required to spend

on routine matters, and the time and

cost associated with taking the

necessary actions. Nevertheless, we

believe our current requirements can be

more effectively met by delegations of

authority to Offices and individual

employees, rather than to employee

boards. Actions to be taken under

delegated authority can be handled

more simply by an individual employee

than by an employee board. Where more

significant policy issues are involved, it

is anticipated that staff will certify the

cases to the Board for consideration in

the first instance. Additionally, all

actions taken pursuant to delegated

authority can be appealed to the Board

by the affected parties.

In some situations, cases that arise are

likely to involve significant or difficult
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50883

3Because 49 U.S.C. 10726, concerning long and

short haul transportation, has been eliminated, the

functions at 49 CFR 1011.6(a)(2) are no longer

necessary. We will remove a section not pertaining

to employee boards, 49 CFR 1011.5(b)(3)(iii),

because this section is also based on former 49

U.S.C. 10726.

4We are also amending the investigation and

suspension rules in part 1132.

5Currently, most carriers use the authority

granted by the ICC in Released Rates of Motor

Carriers of HHG, 9 I.C.C. 2d 523 (1993) as the basis

for limiting their liability.

6These claims resulted from incorrect tariff

provisions or billing errors due to the inadvertent

failure to appropriately file and maintain agreedupon rates in compliance with statutory provisions. 7Rail contracts are no longer filed with the Board.

policy or legal issues. We believe that

these matters should be handled by the

Board in the first instance. We also note

that such Board action is not unduly

burdensome, because it is unlikely that

there will be large numbers of these

types of cases.

Specific Disposition of Retained

Authority. As indicated previously, we

are retaining the Accounting Board. We

are eliminating the Motor Carrier Board,

and relevant authorities retained at this

agency pursuant to the ICCTA will be

implemented by the entire Board in the

first instance.

We are eliminating the Suspension/

Special Permission Board, because its

remaining functions can be effectively

handled elsewhere.3 The entire Board

will consider investigation and

suspension of collectively set motor

carrier rates under 49 U.S.C.

13703(a)(5),4 the reasonableness of

motor carrier rates under 49 U.S.C.

13710(a)(2) , and petitions for discovery

of railroad transportation contracts

submitted pursuant to 49 CFR 1313.10.

We are delegating to the Office of

Compliance and Enforcement (OCE) the

determination of motor common carrier

applicability disputes under 49 U.S.C.

13710(a)(2) and special tariff authority

applications under 49 CFR 1312.2(e).

See 49 CFR 1011.8(d)(3) and (4).

We are also eliminating the Released

Rates Board. 49 CFR 1011.6(c). While

under 49 U.S.C. 14706(f), household

goods motor carriers and freight

forwarders need Board authority to

modify, establish, or eliminate rates

limiting liability, we believe that this

function can be handled efficiently by

the entire Board and does not have to

be delegated to an employee board.5

The Special Docket Board (49 CFR

1011.6(e)) handled carrier and shipper

resolutions of undercharge and

overcharge claims.6 Tariff filing

requirements are now found at 49 U.S.C.

13702 (noncontiguous domestic trade),

and the authority to resolve undercharge

and overcharge claims is found in 49

U.S.C. 14709. Because we do not believe

that there will be many filings under

section 14709, we are eliminating this

board.

Instead, uncontested requests

formerly handled by the Special Docket

Board will be processed by OCE. We are

amending 49 CFR 1132.2 to reflect this

change. Contested matters will be

decided by the Board. 49 CFR

1132.2(g)(4).

The Railroad Service Board (49 CFR

1011.6(b)(3) and (b)(6)) was delegated

authority to act in equipment supply

complaints and to issue emergency

service orders. In recent years, the entire

Board has acted on these matters. We

will continue this practice and

eliminate the employee board.

We are also eliminating other

delegations. Under 49 CFR 1011.7(e),

the Director of the former Office of

Tariffs was delegated authority to enter

reparation orders following the

conclusion of a formal case where the

amount of reparations could not be

determined from the existing record. We

will eliminate this provision, and

reparation issues will be decided by the

entire Board. Under 49 CFR

1011.8(d)(1), OCE, as successor to the

Office of Tariffs, was delegated

authority to reject tariffs, schedules,

railroad contracts, and railroad contract

summaries. We are maintaining this

delegation but eliminating the obsolete

references to schedules and rail

contracts.7

We believe the revised delegations

and procedures strike an appropriate

balance between matters that should be

handled by staff in the first instance and

those that warrant consideration by the

Board in the first instance. Further, the

elimination of employee boards will

produce operating efficiencies for the

actions that continue to be taken under

delegated authority. Because the

substantive changes in the regulations

relate solely to rules of agency

organization, procedure or practice, they

are being implemented without

requesting public comment.

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 1011

Administrative practice and

procedure, Authority delegations

(Government agencies), Organization

and functions (Government agencies).

49 CFR Part 1118

Administrative practice and

procedure.

49 CFR Part 1130

Administrative practice and

procedure.

49 CFR Part 1132

Administrative practice and

procedure.

Decided: September 17, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, parts 1011, 1118, 1130 and

1132 of title 49, chapter X, of the Code

of Federal Regulations are amended as

follows:

PART 1011—BOARD ORGANIZATION;

DELEGATIONS OF AUTHORITY

1. The authority citation for part 1011

continues to read as follows:

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49

U.S.C. 701, 721, 13702.

§ 1011.5 [Amended]

2. In § 1011.5, paragraph (b)(3)(iii) is

removed.

3. Section 1011.6 is revised to read as

follows:

§ 1011.6 Employee boards.

This section covers matters assigned

to the Accounting Board, a board of

employees of the Board.

(a) The Accounting Board has

authority:

(1) To permit departure from general

rules prescribing uniform systems of

accounts for carriers and other persons

under the revised Interstate Commerce

Act (IC Act), subtitle IV of title 49 of the

U.S. Code, and from the regulations

governing accounting and reporting

forms;

(2) To prescribe rates of depreciation

to be used by railroad and water

carriers;

(3) To issue special authorizations

permitted by the regulations governing

the destruction of records of carriers

subject to the IC Act; and

(4) To grant extensions of time for

filing annual, periodic, and special

reports in matters that do not involve

taking testimony at a public hearing or
50884 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

the submission of evidence by opposing

parties in the form of affidavits.

(b) The board may certify any matter

assigned to it to the Board.

§ 1011.7 [Amended]

4. In § 1011.7, paragraph (e) is

removed and reserved.

5. In § 1011.8, paragraph (d) is revised

to read as follows:

§ 1011.8 Delegations of authority by the

Board to specific offices of the Board.

* * * * *

(d) Office of Compliance and

Enforcement. The Office of Compliance

and Enforcement is delegated the

authority to:

(1) Reject tariffs and railroad

transportation contract summaries filed

with the Board that violate applicable

statutes, rules, or regulations. Any

rejection of a tariff or contract summary

may be by letter signed by or for the

Director, Office of Compliance and

Enforcement, or the Chief, Section of

Tariffs, Office of Compliance and

Enforcement.

(2) Issue, on written request, informal

opinions and interpretations on carrier

tariff provisions, which are not binding

on the Board.

(3) Grant or withhold special tariff

authority granting relief from the

provisions of 49 CFR part 1312. Any

grant or withholding of such relief may

be by letter signed by or for the Director,

Office of Compliance and Enforcement,

or the Chief, Section of Tariffs, Office of

Compliance and Enforcement.

(4) Resolve any disputes that may

arise concerning the applicability of

motor common carrier rates under 49

U.S.C. 13710(a)(2).

* * * * *

6. Part 1118 is revised to read as

follows:

PART 1118—PROCEDURES IN

INFORMAL PROCEEDINGS BEFORE

EMPLOYEE BOARDS

Sec.

1118.1 Scope.

1118.2 Proceedings to be informal.

1118.3 Appeals.

Authority: 49 CFR 721.

§ 1118.1 Scope.

The rules in this part govern

proceedings before employee boards.

§ 1118.2 Proceedings to be informal.

The proceedings in all matters

governed by this part will be informal.

No transcript of these proceedings will

be made. Subpoenas will not be issued

and, except when applications,

petitions, or statements are required to

be attested, oaths will not be

administered.

§ 1118.3 Appeals.

(a) Standing to appeal. Appeals of the

decisions of the employee boards

subject to this part and replies to

appeals may be filed by any person.

(b) Number of copies. The original

and 10 copies of each pleading or paper

permitted or required to be filed under

this section should be furnished for the

use of the Board.

(c) Time for filing. Appeals in

proceedings governed by this part must

be filed within 20 days after the date of

service of the decision.

(d) Where filed. Appeals and replies

to appeals of decisions issued by

employee boards must be filed with the

Secretary, Surface Transportation Board,

1925 K St., NW., Washington, DC

20423–0001.

(e) Decisions on appeal. An appeal

from an employee board’s initial

decision in a matter subject to this part

will be reviewed by the employee board,

which may elect to modify its decision

in light of new facts or arguments

presented on appeal. If the employee

board elects not to modify its prior

decision, the appeal will be forwarded

to the entire Board for determination. If

a modified decision is issued by the

employee board, a further appeal lies

under this part.

PART 1130—INFORMAL COMPLAINTS

7. The authority citation for part 1130

is revised to read as follows.

Authority: 49 U.S.C. 721, 13301(f), 14709.

8. In § 1130.2, paragraph (e) is

removed and reserved, and paragraphs

(a), (c), the first two sentences of (f),

(g)(1), and (g)(2) are revised to read as

follows:

§ 1130.2 When damages sought.

(a) Actual filing required. Notification

to the Board that an informal complaint

may or will be filed later seeking

damages is not a filing within the

meaning of the statute.

* * * * *

(c) Statement of prior claim. A

complaint filed under paragraph (b) of

this section containing a claim which

has been the subject of a previous

informal or formal complaint must

specifically refer to the previous

complaint.

* * * * *

(f) Notification to the parties; six

months’ rule. If an informal complaint

seeking damages (other than a contested

tariff reconciliation petition) cannot be

disposed of informally or is denied or

withdrawn by complainant, the parties

affected will be so notified in writing by

the Board. Contested tariff

reconciliation petitions either will be

granted or denied by the entry of a

decision. * * *

(g) * * *

(1) Petitions to waive collection or

permit payment. Subject to Board

review and approval, motor common

carriers (other than household goods

carriers) and shippers may resolve, by

mutual consent, overcharge and

undercharge claims under the

provisions of 49 U.S.C. 14709. Petitions

for appropriate authority may be filed

by either the carrier, shipper or

consignee on the Board’s tariff

reconciliation docket by submitting a

letter of intent to depart from the filed

rate. The petitions will be deemed the

equivalent of an informal complaint and

answer admitting the matters stated in

the petition. Petitions shall be sent to

the Office of Compliance and

Enforcement, Surface Transportation

Board, Washington, DC 20423. The

petitions shall contain, at a minimum,

the following information:

(i) The name(s) and address(es) of the

payer(s) of the freight charges;

(ii) The name(s) of the carrier(s)

involved in the traffic;

(iii) An estimate of the amount(s)

involved;

(iv) The time period when the

shipment(s) involved were delivered or

tendered for delivery;

(v) A general description of the

point(s) of origin and destination of the

shipment(s);

(vi) A general description of the

commodity(ies) transported;

(vii) A statement certifying that the

carrier(s) and shipper(s) participating in

the shipment(s) or the payer(s) of the

freight charges concur(s) with the intent

to depart from the filed rate; and

(viii) A brief explanation of the

incorrect tariff provision(s) or billing

error(s) causing the request to depart

from the filed rate.

(2) Public notice and protest. Tariff

reconciliation petitions (letters of intent)

shall be served on all parties named in

the petition by the party that files the

petition and will be made available by

the Board for public inspection in the

Office of Compliance and Enforcement

Public File, Surface Transportation

Board, Washington, DC 20423. Any

interested person may protest the

granting of a petition by filing a letter

of objection with the Office of

Compliance and Enforcement within 30

days of Board receipt of the petition.

Letters of objection shall identify the

tariff reconciliation proceeding, shall

clearly state the reasons for the

objection, and shall certify that a copy

of the letter of objection has been served

on all parties named in the petition. The
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50885

Board may initiate an investigation of

the petition on its own motion.

* * * * *

9. Part 1132 is revised to read as

follows:

PART 1132—PROTESTS REQUESTING

SUSPENSION AND INVESTIGATION

OF COLLECTIVE RATEMAKING

ACTIONS

Sec.

1132.1 Protests against collective

ratemaking actions.

1132.2 Procedures in certain suspension

matters.

Authority: 49 U.S.C. 721, 13301(f), and

13703.

§ 1132.1 Protests against collective

ratemaking actions.

(a) Content. The protested collective

ratemaking action sought to be

suspended, whether or not contained in

a tariff filed with the Board, should be

identified by making reference to: The

name of the publishing carrier or

collective ratemaking organization; the

identification of the tariff, if applicable,

or the identification of the collective

ratemaking action publication if it is not

contained in a tariff filed with the

Board; the specific items or particular

provisions protested; and the effective

date of the tariff or other collective

ratemaking action publication.

Reference should also be made to the

tariff or collective ratemaking action,

and the specific provisions proposed to

be superseded. The protest should state

the grounds in support thereof, and

indicate in what respect the protested

collective ratemaking action is

considered to be unlawful. Such

protests will be considered as addressed

to the discretion of the Board. Should a

protestant desire to proceed further

against a collective ratemaking action

which is not suspended, or which has

been suspended and the suspension

vacated, a separate later formal

complaint or petition should be filed.

(b) When filed. Protests against, and

requests for suspension of, collective

ratemaking actions will not be

considered unless made in writing and

filed with the Board at Washington, DC.

If the protestant desires action by the

Board before the effective date of the

collective action, protests and requests

for suspension shall reach the Board at

least 12 days (except as provided in

paragraph (c) of this section) before such

effective date. If the protested collective

ratemaking action is already in effect, or

if the protestant does not desire action

before its effective date, protests and

requests for suspension can be filed at

any time.

(c) Motor carrier tariff bureau filings.

When motor common carrier tariff

bureaus take collective actions subject

to the special procedures adopted in Ex

Parte No. MC–82, New Procedures in

Motor Carrier Rev. Proc. 340 I.C.C. 1

(1971), and set forth at 49 CFR part

1139, protests must reach the Board at

least 22 days before the effective dates

of those actions if protestants desire

action by the Board before such effective

dates. All statements should be served

by express mail or an equivalent

expedited delivery service upon any

party undertaking to bear the cost.

Written request for this expedited

service must be made no less than 5

days before the statement is due to be

filed with the Board.

(d) Copies; service. In connection with

proceedings involving proposals subject

to the special procedures in Ex Parte No.

MC–82, New Procedures in Motor

Carrier Rev. Proc. 339 I.C.C. 324, and set

forth at 49 CFR part 1139, an original

and 10 copies of every protest or reply

filed under this section should be

furnished for the use of the Board.

Except as provided for proposals subject

to the special procedures in Ex Parte No.

MC–82, the original and 10 copies of

each protest, or of each reply filed under

this section, must be filed with the

Board, and one copy simultaneously

must be served upon the publishing

carrier or collective ratemaking

organization, and upon other persons

known by protestant to be interested.

These pleadings should be directed to

the attention of the Secretary, Surface

Transportation Board.

(e) Reply to protest. A reply to a

protest filed at least 12 days before the

effective date of proposed collective

action provisions must reach the Board

not later than the fourth working day

prior to the scheduled effective date of

the protested provisions unless

otherwise provided. Replies to protests

against motor carrier rate bureau

proposals subject to Ex Parte No. MC–

82 procedures, to be assured of

consideration, must reach the Board no

later than 14 days before the scheduled

effective date of the protested

provisions.

§ 1132.2 Procedures in certain suspension

matters.

(a) A petition for reconsideration may

be filed by any interested person within

20 days after the date of service of a

Board decision which results in an

order for:

(1) Investigation and suspension of

collective ratemaking actions, or

(2) Investigation (without suspension)

of collective ratemaking actions.

(b) Any interested person may file and

serve a reply to any petition for

reconsideration permitted under

paragraph (a) of this section within 20

days after the filing of such petition

with the Board, but if the facts stated in

any such petition disclose a need for

accelerated action, such action may be

taken before expiration of the time

allowed for reply. In all other respects,

such petitions and replies thereto will

be governed by the rules of general

applicability of the Rules of Practice.

[FR Doc. 97–25734 Filed 9–26–97; 8:45 am]

BILLING CODE 4915–00–P

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.

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.