[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Rules and Regulations]
[Page 1842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1155]



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DEPARTMENT OF TRANSPORTATION

49 CFR Chapter X

[STB Ex Parte No. 525]


Surface Transportation Board; Transfer of Regulations from the 
Interstate Commerce Commission to the Surface Transportation Board 
Pursuant to the ICC Termination Act of 1995

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: Effective January 1, 1996, the ICC Termination Act of 1995 
(the Act), abolished the Interstate Commerce Commission (the 
Commission) and established within the Department of Transportation 
(DOT) the Surface Transportation Board (the Board). The Act provides 
that the Board shall perform a number of functions previously performed 
by the Commission. The Act further provides that, with certain 
exceptions, all regulations previously issued by the Commission shall 
continue in effect according to their terms until modified or 
terminated. The Board is therefore changing the name of the agency in 
the heading of the chapter in which the Commission's (now the Board's) 
regulations are issued, chapter X of subtitle B of title 49 of the Code 
of Federal Regulations.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [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, abolished 
the Commission and established the Board within DOT. See Act sections 2 
(effective date) and 101 (abolition of the Commission). See also 49 
U.S.C. 701 (establishment of the Board within DOT), as added by Act 
section 201(a).
    The Act provides that, with certain exceptions, all regulations 
previously issued by the Commission and in effect on January 1, 1996, 
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the Board, any other authorized official, a court of competent 
jurisdiction, or operation of law. See Act section 204(a).
    The Act further provides that, except as otherwise provided in the 
Act or in the amendments made thereby, the Board shall perform all 
functions that, immediately prior to January 1, 1996, were functions of 
the Commission or were performed by any officer or employee of the 
Commission in the capacity as such officer or employee. See 49 U.S.C. 
702, as added by Act section 201(a). See also 49 U.S.C. 721(a) 
(authority of the Board to prescribe regulations), also as added by Act 
section 201(a).
    Because the regulations previously issued by the Commission are now 
subject, for the most part, to the jurisdiction of the Board, the 
Board, by the action taken here, is changing the name of the agency in 
the heading of the chapter in which the Board's (formerly the 
Commission's) regulations are issued, chapter X of subtitle B of title 
49 of the Code of Federal Regulations. Because this action merely 
reflects, and is required by, the enactment of the Act and will not 
have an adverse effect on the interests of any person, this action will 
be deemed to be effective as of January 1, 1996.
    The Act makes numerous and substantial changes in subtitle IV of 
title 49, United States Code, and the Board intends to proceed, as 
expeditiously as its resources allow, to issue certain new regulations 
required by the Act and to conform its old regulations to the changes 
in the laws it administers. The actions taken in issuing new 
regulations and in revising old regulations will be, to varying 
degrees, substantive in nature. The action taken today, by contrast, is 
ministerial in nature: it simply changes the name of the agency in the 
heading of chapter X.
    All persons referencing the chapter X regulations should be advised 
that certain of these regulations will henceforth be administered, in 
whole or in part, by the Secretary of Transportation. Such regulations 
will ultimately be removed from this chapter. See 49 U.S.C. 13101 to 
14914 (authority of the Secretary of Transportation to administer, in 
part, 49 U.S.C. Subtitle IV, Part B), as added by Act section 103.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: January 18, 1996.

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

    For the reasons set forth in the preamble and under the authority 
of 49 U.S.C. 721(a), title 49, subtitle B of the Code of Federal 
Regulations is amended by revising the heading for chapter X to read as 
follows:

CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION

[FR Doc. 96-1155 Filed 1-23-96; 8:45 am]
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