Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Proposed Rules 8209

1 Indicates a newly listed company which must

file a report beginning with the report due on

October 25, 1997.

1These regulations describe, inter alia, the

placement, form, and content of the notice given

when a rail passenger carrier seeks a fare increase.

The Board has proposed that these regulations be

eliminated. Regulations for the Publication, Posting

and Filing of Tariffs for the Transportation of

Property by or with a Water Carrier in the

Noncontiguous Domestic Trade, STB Ex Parte No.

618 (STB served Dec. 20, 1996).

2New 49 U.S.C. 11101 (b) and (d) require

disclosure of rail common carrier rates and service

terms. New 49 U.S.C. 11101(c) further requires rail

carriers providing common carriage to give advance

notice of rate increases to those who have requested

such notification. See Disclosure, Pub. & Notice of

Change of Rates—Rail Carriage, 1 S.T.B. 153 (1996)

and 49 CFR 1300.

3See 49 U.S.C. 721(b)(4).

A T & T Automotive Services, Inc.1

Avis, Inc.

Budget Rent-A-Car Corporation

Citicorp Bankers Leasing Corporation

Dollar Rent-A-Car Systems, Inc.

Donlen Corporation

Hertz Rent-A-Car Division (subsidiary of

Hertz Corporation)

Lease Plan International

National Car Rental System, Inc.

Penske Truck Leasing Company

Ryder System, Inc. (Both rental and leasing

operations)

U-Haul International, Inc. (Subsidiary of

AMERCO)

USL Capital Fleet Services

Issued on: February 18, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–4355 Filed 2–21–97; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board

49 CFR Part 1136

[STB Ex Parte No. 624]

Removal of Obsolete Regulations

Concerning Rail Passenger Fare

Increases

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Surface Transportation

Board (Board) proposes to remove from

the Code of Federal Regulations obsolete

regulations concerning rail passenger

carrier commutation or suburban fare

increases.

DATES: Comments are due on March 26,

1997.

ADDRESSES: Submit comments to

Surface Transportation Board, Office of

the Secretary, Case Control Board,

Washington, DC 20423.

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, Pub. L. 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.’’

The regulations at 49 CFR part 1136

require that a rail passenger carrier

proposing commutation or suburban

fare increases concurrently file tariffs

and verified statements with the ICC

and the Governor and appropriate state

or county regulatory agency. The carrier

is also to certify that the notice

provisions of 49 CFR 1312.5 have been

met.1

The ICC issued these regulations, in

Notice of Increases in Frt. Rates and

Pass. Fares, 349 I.C.C. 741 (1975), to

ensure that rail and motor carriers

would give advance notice of and

justification for commutation and

suburban passenger fare increases. The

rules were designed to facilitate the

filing of potential protests seeking the

suspension and/or investigation of fare

increases. Subsequently, the ICC

modified these regulations by removing

their application to motor passenger

carriers. Practice and Procedure-Misc.

Amendments-Revisions, 6 I.C.C.2d 587

(1990). The ICC reasoned that it could

not investigate, suspend, revise or

revoke for being unreasonable a rate

proposed by a motor passenger carrier

acting independently and noted,

moreover, that there had been no

complaints or protests under these rules

regarding ratemaking activity by

passenger carriers. See Practice and

Procedure-Miscellaneous AmendmentsRevision, Ex Parte No. 55 (Sub-No.73)

(ICC served Oct. 10, 1989).

We believe that the remaining

regulations in Part 1136 are now also

obsolete. Under the ICCTA, with certain

exceptions not relevant here, ‘‘the Board

does not have jurisdiction * * * over

mass transportation provided by a local

governmental authority.’’ 49 U.S.C.

10501(c)(2). Even as to rail passenger

transportation that might not qualify for

that exemption, our regulatory authority

is quite limited. The tariff filing

requirements formerly applicable to rail

carriers, at former 49 U.S.C. 10761 and

10762, have been repealed.2 Moreover,

although the Board has the authority to

issue injunctions ‘‘when necessary to

prevent irreparable harm,’’ 3 there is no

longer a procedure for protesting,

investigating, and suspending rates or

fares prior to their going into effect.

Under these circumstances, we do not

believe that the regulations at 49 CFR

1136 are necessary. We seek comments

concerning their proposed removal.

The Board preliminarily concludes

that the removal of the rule, if adopted,

would not have a significant effect on a

substantial number of small entities.

The effect, if any, of this rule’s removal

will be to lessen the regulatory filing

requirements of rail passenger carriers.

We believe that the removal of the

notice provision is unlikely to

significantly affect small governmental

jurisdictions. The Board, however, seeks

comments on whether there would be

effects on small entities that should be

considered.

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 1136

Administrative practice and

procedure, Buses, Railroads.

Decided: February 10, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

PART 1136—[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 proposed

to be amended by removing part 1136.

[FR Doc. 97–4502 Filed 2–21–97; 8:45 am]

BILLING CODE 4915–00–P