[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Page 24722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12280]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1330

[STB Ex Parte No. 547]


Removal of Obsolete Regulations Concerning Filing Quotations for 
Government Shipments

AGENCY: Surface Transportation Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (the Board) is removing from 
the Code of Federal Regulations obsolete regulations concerning the 
filing of rate quotations for government shipments.

EFFECTIVE DATE: January 1, 1996.

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 (ICCTA) 
abolished the Interstate Commerce Commission (ICC) and established the 
Board within the Department of Transportation. Section 204(a) of 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established by the [ICC] that are based on provisions of law repealed 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.''
    Former 49 U.S.C. 10721(b)(1) expressly provided that a common 
carrier could provide transportation for the United States government 
without charge or at a reduced rate.\1\ That provision is retained in 
new 49 U.S.C. 10721 (rail transportation), 15712 (transportation by 
motor or water carriage and freight forwarders), and 15504 (pipeline 
transportation). However, the ICCTA removed the requirement of former 
49 U.S.C. 10721(b)(2) that common carriers generally file copies of 
rate quotations or tenders with both the ICC and the department, agency 
or instrumentality of the United States government for which they were 
made. Therefore, the ICC regulations to implement the quotation filing 
requirement, which were codified in part 1330 at 43 FR 59844 (December 
22, 1978),\2\ have been rendered obsolete. Because the statutory basis 
for the part 1330 regulations has been removed, we are eliminating 
those rules.
---------------------------------------------------------------------------

    \1\ Former section 10721 recodified section 22 of the Interstate 
Commerce Act. Section 22 allowed common carriers to depart from 
their tariffs in providing service to the government.
    \2\ The regulations were later modified to exempt 
nonagricultural rail rate quotations from the filing requirements. 
Railroad Exempt.--Filing Quotations--Section 10721, 7 I.C.C.2d 325 
(1991).
---------------------------------------------------------------------------

    Because this action merely reflects, and is required by, the 
enactment of the ICCTA 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.
    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 1330

    Freight, Government procurement, Motor carriers, Moving of 
household goods, Pipelines, Railroads.

    Decided: May 2, 1996.

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

PART 1330--[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 part 1330.

[FR Doc. 96-12280 Filed 5-15-96; 8:45 am]
BILLING CODE 4915-00-P