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be superseded.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.
50886 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

1The 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.

3Part 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.

4 In Exemption of Freight Forwarders in the

Noncontiguous Domestic Trade from Rate

Reasonableness and Tariff Filing Requirements,

STB Ex Parte No. 598, l STB l (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.’’

5See 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 * * *.’’

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.

7Under 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.

8The 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.

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.1 Section 205(f) was

recodified,2 as here relevant, at former

49 U.S.C. 11502.3 This section has been

removed by the ICCTA. Accordingly, we

are removing the obsolete regulations at

49 CFR part 1022.

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).4 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.5 Because substituted

service is not a joint rate arrangement,

the tariff requirements in part 1091 are

obsolete and are being removed.

Part 1131

The rules at 49 CFR part 1131 concern

the procedures for rate complaints and

(§ 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.6 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.

With respect to intrastate rate

decisions, the intrastate rail rate rules in

§ 1131.4 are based on former 49 U.S.C.

11501. The parts of § 11501 pertaining

to rail matters were eliminated by the

ICCTA.7 Because the statutory basis for

the § 1131.4 rules was removed, we are

deleting these obsolete regulations.

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.’’ 8 Accordingly, the

regulations in part 1156 for providing

cost data to justify reimbursement for

directed service are obsolete and are

being eliminated.

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 091897A]

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna Angling Category

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA).

ACTION: Closure.

SUMMARY: NMFS closes the fishery for

school, large school, and small medium

Atlantic bluefin tuna (ABT) conducted

by Angling category fishermen in the

waters off New Jersey and states north.

Closure of this fishery is necessary

because the annual quota of 57 metric

tons (mt) of school ABT and 80 mt of

large school/small medium ABT

allocated for this subcategory in waters

off New Jersey and states north is

projected to be attained by October 1,

1997. The intent of this action is to

prevent overharvest of the quotas

established for this fishery.

DATES: Effective 11:30 p.m. local time

on October 1, 1997, through December

31, 1997.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Mark Murray-Brown, 508–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations promulgated under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

regulating the harvest of ABT by

persons and vessels subject to U.S.

jurisdiction are found at 50 CFR part

285.

Section 285.22(d)(1) of the regulations

provides for annual quotas of 57 mt of

school ABT and 80 mt of large school/

small medium ABT to be harvested from

waters off New Jersey and states north

by individuals in the Angling category.

The Assistant Administrator for

Fisheries, NOAA (AA), is authorized

under § 285.20(b)(1) to monitor the

catch and landing statistics and, on the

basis of those statistics, to project a date

when the catch of ABT will equal any

quota under § 285.22. The AA is further

authorized under § 285.20(b)(1) to

prohibit fishing for, or retention of,

Atlantic bluefin tuna by those fishing in

the category subject to the quota when

the catch of tuna equals the quota

established under § 285.22.

The AA has determined, based on the

reported catch and estimated fishing

effort, that the annual quota of school,

large school, and small medium ABT for

those fishing in waters off New Jersey

and states north will be attained by

October 1, 1997. Fishing for, catching,

possessing, or landing any school, large

school, or small medium ABT

(measuring 27 inches to less than 73

inches (69 cm to less than 185 cm)) in

the closed area must cease at 11:30 p.m.

local time on October 1, 1997. The

southern area (the waters off Delaware

and states south) fishery for school,

large school, and small medium ABT

was previously closed for the 1997

season (62 FR 44423, August 21, 1997;

62 FR 35447, July 1, 1997).

The fishery for large medium and

giant ABT (measuring 73 inches or

greater) is not affected by this closure

and remains open in all areas until

further notice, subject to the trophy fish

limit of one-per-vessel-per-year. Such

large medium or giant ABT must be

reported to the nearest NMFS

enforcement office as required under

§ 285.24. In North Carolina, trophy fish

must be reported to the Coast Guard at

919–995–6403. Anglers should verify

that the trophy category remains open

by calling the NMFS 24–hour

Information Line at 301–713–1279 prior

to each fishing trip. In addition, anglers

may continue to tag and release ABT of

all sizes under the NMFS tag-andrelease program (50 CFR 285.27).

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: September 23, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–25671 Filed 9–23–97; 4:59 pm]

BILLING CODE 3510–22–F