22014 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

(i) Approach angle;

(ii) Departure angle;

(iii) Breakover angle;

(iv) Axle clearance;

(v) Minimum running clearance; and

(vi) Existence of 4-wheel drive

(indicate yes or no).

(6) The fuel economy values provided

under paragraphs (c) (2) and (4) of this

section shall be determined in

accordance with § 537.9.

§ 537.8 [Reserved]

§ 537.9 Determination of fuel economy

values and average fuel economy.

(a) Base level and model type fuel

economy values. For each base level and

model type, the manufacturer shall

submit a fuel economy value based on

the vehicle configuration values that

have been determined and approved

under 40 CFR part 600, or, if such a

value does not exist, a value based on

a comparable test or analysis, and

calculated in the same manner as base

level and model type fuel economy

values are calculated for use under

Subpart F of 40 CFR part 600.

(b) Average fuel economy. Average

fuel economy must be based upon fuel

economy values calculated under

paragraph (a) of this section for each

model type and must be calculated in

accordance with 40 CFR 600.506, using

the configurations specified in 40 CFR

600.506(a)(2), except that fuel economy

values for running changes and for new

base levels are required only for those

changes made or base levels added

before the average fuel economy is

required to be submitted under this part.

§ 537.10 Incorporation by reference.

(a) A manufacturer may incorporate

by reference in a report required by this

part any document other than a report,

petition, or application, or portion

thereof submitted to any Federal

department or agency more than two

model years before the current model

year.

(b) A manufacturer that incorporates

by references a document not previously

submitted to the National Highway

Traffic Safety Administration shall

append that document to the report.

(c) A manufacturer that incorporates

by reference a document shall clearly

identify the document and, in the case

of a document previously submitted to

the National Highway Traffic Safety

Administration, indicate the date on

which and the person by whom the

document was submitted to this agency.

§ 537.11 Public inspection of information.

Except as provided in § 537.12, any

person may inspect the information and

data submitted by a manufacturer under

this part in the docket section of the

National Highway Traffic Safety

Administration. Any person may obtain

copies of the information available for

inspection under this section in

accordance with the regulations of the

Secretary of Transportation in Part 7 of

this title.

§ 537.12 Confidential information.

(a) Information made available under

§ 537.11 for public inspection does not

include information for which

confidentiality is requested under

§ 537.5(c)(7), is granted in accordance

with section 32910(c) of Chapter 329

and section 552(b) of Title 5 of the

United States Code, and is not

subsequently released under paragraph

(c) of this section in accordance with

section 32910 of Chapter 329.

(b) Denial of confidential treatment.

When the Administrator denies a

manufacturer’s request under

§ 537.5(c)(7) for confidential treatment

of information, the Administrator gives

the manufacturer written notice of the

denial and reasons for it. Public

disclosures of the information is not

made until after the ten-day period

immediately following the giving of the

notice.

(c) Release of confidential

information. After giving written notice

to a manufacturer and allowing ten

days, when feasible, for the

manufacturer to respond, the

Administrator may make available for

public inspection any information

submitted under this part that is

relevant to a proceeding under the Act,

including information that was granted

confidential treatment by the

Administrator pursuant to a request by

the manufacturer under § 537.5(c)(7).

Issued on: May 7, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–11720 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board

49 CFR Part 1185

[STB Ex Parte No. 543]

Revision of Regulations for

Interlocking Rail Officers

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Surface Transportation

Board (the Board) is seeking comments

on proposed revisions to the regulations

for authorization of interlocking rail

officers and directors.

DATES: Comments on the proposed

revisions are due June 3, 1996.

ADDRESSES: Send comments (an original

and 10 copies) referring to STB Ex Parte

No. 543 to: Surface Transportation

Board, Office of the Secretary, Case

Control Branch, 1201 Constitution

Avenue, NW., Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [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 (the ICCTA) abolished the

Interstate Commerce Commission (ICC)

and established within the Department

of Transportation the Board. Section 204

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.’’

Under the prior statute at 49 U.S.C.

11322, a person wishing to hold a

position of officer or director of more

than one rail carrier of any size was

required to seek prior ICC authorization.

The ICC, however, exercising its general

exemption authority under former 49

U.S.C. 10505, adopted rules at 49 CFR

1185 exempting from regulation as a

class requests to assume the position of

director or officer of a rail carrier while

holding the position of director or

officer of another rail carrier, except

where both carriers are Class I railroads.

Exemption—Certain Interlocking

Directorates, 5 I.C.C.2d 7 (1988)

(Interlocking Directorates). The class

exemption does not apply to an

individual who is an officer or director

of a Class I carrier and who wishes to

become an officer or director of another

Class I railroad; that individual is

required to file either an application (or

petition for an individual exemption).

The ICCTA revised the statute so that,

under new 49 U.S.C. 11328, individuals

seeking to hold the position of officer or

director only of Class III railroads are no

longer required to seek Board

authorization, either through exemption

or through affirmative approval. We

propose to revise 49 CFR part 1185 to

reflect this statutory change and to

eliminate other unnecessary and

redundant provisions. The changes

would clarify that the class exemption

applies exclusively to interlocking

directorates that (a) Do not involve an

officer or director of a Class I rail carrier

who seeks to become an officer or

director of another Class I rail carrier,

and (b) do not involve only Class III rail
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22015

1All other ‘‘interlocking directorates’’ are

exempted as a class by virtue of the decision of the

ICC in Interlocking Directorates, supra. The Board

proposes to expressly affirm and adopt that

exemption.

2The definition in former section 11301(a)(1)

read:

‘‘carrier’’ means a rail or sleeping car carrier

providing transportation subject to the jurisdiction

of the Interstate Commerce Commission under

subchapter I of chapter 105 of this title (except a

street, suburban, or interurban electric railway not

operated as part of a general railroad system of

transportation), and a corporation organized to

provide transportation by rail carrier subject to that

subchapter. (Emphasis supplied.)

3Under new 49 U.S.C. 10102(5), rail carrier is

defined as:

a person providing common carrier railroad

transportation for compensation, but does not

include street, suburban,or interurban electric

railways not operated as part of the general system

of rail transportation[.]

4 In Revised Regulations Governing Officers, 336

I.C.C. 679 (1970) (Governing Officers), the ICC

issued rules, codified at 49 CFR 1185.10 and 11,

that would allow individuals to hold interlocking

directorate positions with carriers lawfully operated

under common control and to hold interlocking

directorate positions with a carrier and a terminal

railroad whose facilities are operated or used by the

carrier jointly with other carriers.

carriers.1 The proposed rules would also

make clear that, where the class

exemption applies, it is not necessary to

make a filing with the Board to invoke

the exemption. See Southern Electric—

Petition for Exemption—Construction of

a Rail Line in Shelby Co., AL, Finance

Docket No. 31498 et al. (ICC served

Sept. 19, 1989).

The proposed revision would also

update and clarify the term ‘‘carrier’’ for

purposes of administering the

interlocking officer and director

provisions of the statute. Former 49

U.S.C. 11322, and the current

regulations at 49 CFR 1185.2, use the

term ‘‘carrier’’ as defined at former 49

U.S.C. 11301(a)(1).2 New 49 U.S.C.

11328 does not separately define

‘‘carrier.’’ We note that the general

definition of ‘‘rail carrier’’ in new 49

U.S.C. 10102(5) refers to a person

providing common carrier railroad

transportation ‘‘for compensation,’’ but

not to a ‘‘sleeping car carrier’’ or ‘‘a

corporation organized to provide

transportation.’’ 3

In defining ‘‘carrier’’ for interlocking

directorate purposes, we propose to

exclude ‘‘sleeping car carrier’’ and to

add ‘‘for compensation.’’ We also

believe that, in the context of

interlocking directorates, the term ‘‘rail

carrier’’ should be interpreted to

embrace corporations organized to

provide transportation. Because an

individual would need Board approval

after a corporation becomes a carrier, we

believe it is appropriate to allow an

individual to obtain early Board

consideration, thereby providing more

commercial certainty. This would also

benefit the Board, by giving us an earlier

opportunity to analyze a potential

interlocking officer position or

directorate. We thus propose the

following definition of rail carrier in our

proposed rule 1185.1(d):

A rail carrier means a person providing

common carrier transportation for

compensation (except a street, suburban, or

interurban electric railway not operating as

part of the general system of rail

transportation), and a corporation organized

to provide transportation by rail carrier.

We also propose to change the

requirements for the form of the

application to comply with our rules of

practice (proposed section 1185.3).

Finally, we seek specific comment on

whether to include proposed section

1185.4, which would revise current 49

CFR 1185.9, General authority,

pertaining to receipt of general authority

to hold a directorship with subsidiary or

affiliated companies. We question

whether this provision is needed,

because there are two other similar

sections, proposed section 1185.5,

Common control (currently section

1185.10) and proposed section 1185.6,

Jointly used terminal properties

(currently section 1185.11).4 All three of

these provisions concern interlocking

directorships among carriers in an

established system. See Governing

Officers, 363 I.C.C. at 681 and 683.

The Board certifies that this rule, if

adopted, would not have a significant

economic effect on a substantial number

of small entities. In response to the

statutory change, this proposed rule will

reduce regulation and it imposes no

new reporting requirements on small

entities. Requirements for the form of

the application have been slightly

modified to conform to the Board’s rules

of practice. 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 1185

Administrative practice and

procedure, Railroad.

Decided: April 23, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

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, chapter X, part

1185 of the Code of Federal Regulations

is proposed to be revised to read as

follows:

PART 1185—INTERLOCKING

OFFICERS

Sec.

1185.1 Definitions and scope of regulations.

1185.2 Contents of application.

1185.3 Procedures.

1185.4 General authority.

1185.5 Common control.

1185.6 Jointly used terminal properties.

Authority: 5 U.S.C. 553 and 559; 49 U.S.C.

721, 10502, and 11328.

§ 1185.1 Definitions and scope of

regulations.

(a) Under 49 U.S.C. 11328,

authorization of the Board is required

before a person may hold the position

of officer or director of more than one

rail carrier, except where only Class III

carriers are involved. Board

authorization is not needed for

individuals seeking to hold the

positions of officers or directors only of

Class III railroads. 49 U.S.C. 11328(b).

(b) When a person is an officer of a

Class I railroad and seeks to become an

officer of another Class I railroad, an

application under 49 U.S.C. 11328(a) (or

petition for individual exemption under

49 U.S.C. 10502) must be filed. All other

‘‘interlocking directorates’’ are exempt

as a class from the prior approval

requirements of 49 U.S.C. 11328(a). For

such interlocking directorates exempted

as a class, no filing with the Board is

necessary to invoke the exemption.

(c) An ‘‘interlocking directorate’’

exists whenever an individual holds the

position of officer or director of one rail

carrier and assumes the position of

officer or director of another rail carrier.

This provision applies to any person

who performs duties ordinarily

performed by a director, president, vice

president, secretary, treasurer, general

counsel, general solicitor, general

attorney, comptroller, general auditor,

general manager, freight traffic manager,

passenger traffic manager, chief

engineer, general superintendent,

general land and tax agent or chief

purchasing agent.

(d) For purposes of this part, a rail

carrier means a person providing

common carrier railroad transportation

for compensation (except a street,

suburban, or interurban electric railway

not operating as part of the general

system of rail transportation), and a

corporation organized to provide such

transportation.

§ 1185.2 Contents of application.

(a) Each application shall state the

following:
22016 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

(1) The full name, occupation,

business address, place of residence,

and post office address of the applicant.

(2) A specification of every carrier of

which the applicant holds stock, bonds,

or notes, individually, as trustee, or

otherwise; and the amount of, and

accurate description of, the securities,

owned or held by him, of each carrier

for which he seeks authority to act.

(Whenever it is contemplated that the

applicant will represent on the board of

directors of any carrier securities other

than those owned by him, the

application shall describe such

securities, state the character of

representation, the name of the

beneficial owner or owners, and the

general nature of the business

conducted by such owner or owners.)

(3) Each and every position with any

carrier which is held by the applicant at

the time of the application; and which

he seeks authority to hold, together with

the date and manner of his election or

appointment thereto and, if he has

entered upon the performance of his

duties in any such position, the nature

of the duties so performed and the date

when he first entered upon their

performance. (A decision authorizing a

person to hold the position of director

of a carrier will be construed as

sufficient to authorize him to serve also

as chairman of its board of directors or

as a member or chairman of any

committee or committees of such board;

and, therefore, when authority is sought

to hold the position of director, the

applicant need not request authority to

serve in any of such other capacities.)

(4) As to each carrier covered by the

requested authorization, whether it is an

operating carrier, a lessor company, or

any other corporation organized for the

purpose of engaging in rail

transportation. (If any such carrier

neither operates nor owns any railroad,

transportation by which is subject to the

Act, there shall be filed with the

application, as a part thereof, a copy of

such carrier’s charter or certificate or

articles of incorporation, with

amendments to date. When such copy

has once been filed with the former

Interstate Commerce Commission (ICC)

or with the Board, reference thereto,

with amendments, if any, will suffice.)

(5) Thereafter a full statement of

pertinent facts relative to any carrier

which does not make annual reports to

the Board, authorization for a position

with which is sought.

(6) Full information as to the

relationship, operating, financial,

competitive, or otherwise, existing

between the carriers covered by the

requested authorization.

(7) Every corporation—industrial,

financial, or miscellaneous—of which

the applicant is an officer or director,

and the general character of the business

conducted by such corporation.

(8) The reasons, fully, why the

granting of the authority sought will not

affect adversely either public or private

interests.

(9) Whether or not any other

application for authority has been made

in behalf of the applicant and, if so, the

date and docket number thereof, by who

made, and the action thereon, if any.

(b) When application has been made

in behalf of any person, a subsequent

application by him need not repeat any

statement contained in the previous

application but may incorporate the

same by appropriate reference.

§ 1185.3 Procedures.

The original application or petition

shall be signed by the individual

applicant or petitioner and shall be

verified under oath. Petitions and

applications should comply with the

Board’s general rules of practice set

forth at 49 CFR part 1104. Applications

or petitions may be made by persons on

their own behalf.

§ 1185.4 General authority.

Any person who holds or may seek

specific authority to hold positions with

a carrier may also request general

authority to act as an interlocking officer

for all affiliated or subsidiary companies

or properties used or operated by the

carrier, either separately or jointly, with

other carriers. A carrier may apply for

general authority on behalf of an

individual who has already received

authority to act as an interlocking

officer. However, a carrier may not

apply for general authority for an

individual who holds a position with

another railroad which is not an affiliate

or subsidiary of the carrier or whose

properties are not used or operated by

the carrier, either separately or jointly

with other carriers.

§ 1185.5 Common control.

It shall not be necessary for any

person to secure authorization under the

foregoing provisions to hold the

position of officer or director of two or

more carriers, if such carriers are

operated under common control or

management, either:

(a) Pursuant to approval and authority

of the ICC granted under former 49

U.S.C. 11343–44 (repealed effective

January 1, 1996) or by the Board granted

under 49 U.S.C. 11323–24, or

(b) Pursuant to an exemption

authorized by the ICC under former 49

U.S.C. 10505 (repealed effective January

1, 1996) or by the Board under 49 U.S.C.

10502, or

(c) Pursuant to a controlling,

controlled, or common control

relationship which has existed between

such carriers since before June 16, 1933.

§ 1185.6 Jointly used terminal properties.

Any person holding the position of

officer or director of a carrier is hereby

relieved from the foregoing provisions

to the extent that he may also hold a

directorship and any other position to

which he may be elected or appointed

with a terminal railroad the properties

of which are operated or used by the

carrier jointly with other carriers.

[FR Doc. 96–11716 Filed 5–10–96; 8:45 am]

BILLING CODE 4915–00–P