[Federal Register Volume 63, Number 169 (Tuesday, September 1, 1998)]
[Rules and Regulations]
[Pages 46394-46399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23352]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1002, 1182, 1187, and 1188
[STB Ex Parte No. 559]
Revisions to Regulations Governing Finance Applications Involving
Motor Passenger Carriers
AGENCY: Surface Transportation Board.
ACTION: Final rules.
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SUMMARY: The Surface Transportation Board (Board) adopts revised
procedures governing finance applications involving motor passenger
carriers filed under 49 U.S.C. 14303. In addition, the regulations in
parts 1187 and 1188 are removed and replaced by new provisions
incorporated in part 1182. The rules at part 1002 are modified to
redescribe fee categories.
DATES: This rule is effective October 1, 1998.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for
the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: By decision served and published in the
Federal Register on July 8, 1997 (49 FR 36477), the Board issued a
notice of proposed rulemaking (NPR) proposing to establish revised
procedures governing finance applications involving motor passenger
carriers, filed under 49 U.S.C. 14303. The proposed regulations would
adopt, with modifications, the existing procedures promulgated by the
Interstate Commerce Commission (ICC) at 49 CFR 1182.1 Also,
we proposed to remove the regulations at 49 CFR parts 1187 and 1188 and
to replace them with provisions incorporated in part 1182. Comments
were received from the American Bus Association, Inc. (ABA),
[[Page 46395]]
Coach USA, Inc. (Coach), and Greyhound Lines, Inc. (Greyhound).
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\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (1995) (ICCTA), which took effect on January 1, 1996,
abolished the ICC and transferred certain of its motor carrier
regulatory functions to the Secretary of Transportation (Secretary)
and to the Board.
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Analysis
Jurisdiction over Affiliates
The provisions of 49 U.S.C. 14303(g) give the Board jurisdiction
over finance transactions involving motor carriers of passengers only
if the carriers' aggregate gross operating revenues exceed $2 million
during a period of 12 consecutive months ending not more than 6 months
before the date of the agreement of the parties. Our proposal at
Sec. 1182.2(a)(5) 2 would have required that, pursuant to 49
U.S.C. 14303(g), applications include a jurisdictional statement ``that
the aggregate gross operating revenues, including revenues of all motor
carrier parties and all of their motor carrier affiliates from all
transportation sources (whether interstate, intrastate, foreign,
regulated, or unregulated) exceeded $2 million[.]'' ABA supports the
proposed revision to the jurisdictional threshold as consistent with
the statute, which speaks to ``gross operating revenues'' without
limitations.3 Coach suggests that the adopted rules should
clarify that the Board also has jurisdiction over transactions between
a noncarrier applicant that controls carriers with aggregate revenues
exceeding $2 million and a carrier with revenues below the statutory
threshold.
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\2\ (a) The application must contain the following information:
* * *
(5) A jurisdictional statement, under 49 U.S.C. 14303(g), that
the aggregate gross operating revenues, including revenues of all
motor carrier parties and all of their motor carrier affiliates from
all transportation sources (whether interstate, intrastate, foreign,
regulated, or unregulated) exceeded $2 million; (NOTE: The motor
passenger carrier parties and their motor passenger carrier
affiliates may select a consecutive 12-month period ending not more
than 6 months before the date of the parties' agreement covering the
transaction. They must, however, select the same 12-month period.)
\3\ Indeed, no comment has challenged our substantive
interpretation of the meaning of the statute in this regard.
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We agree with Coach that the proposed rule should be clarified to
include the revenues of the affiliates of noncarrier applicants. As we
stated in the NPR at 3, the intent of Congress ``was not to measure the
strict extent of revenues generated subject to Federal regulatory
jurisdiction, but rather to gauge the economic power of the parties
participating in a finance transaction. * * *'' Accordingly, we will
modify the proposed rule to state that the jurisdictional threshold is
based on the ``revenues of all motor carrier parties and all motor
carriers controlling, controlled by, or under common control with any
party. * * *'' We will also modify the proposed rule by repeating the
statutory one-year time frame in referring to aggregate gross operating
revenues.
Safety Ratings
The rule we proposed at Sec. 1182.2(a)(8) \4\ would require that
applicants certify their safety fitness ratings issued by the U.S.
Department of Transportation's Federal Highway Administration (FHWA).
Coach suggests that the requirement for certification of safety ratings
should be revised to clarify that each carrier party may certify as to
its own safety rating or attach a copy of any safety rating letter it
may have received from FHWA, so as not to require each carrier to
obtain an official certification before filing its application. We
agree with Coach's request and will modify the regulation to indicate
that the certification can be made by the applicant.
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\4\ (a) The application must contain the following information:
* * *
(8) Certification of the U.S. Department of Transportation
safety fitness rating of each motor passenger carrier involved in
the transaction, whether that carrier is a party to the transaction
or is affiliated with a party to the transaction.
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Under current safety inspection protocols, some carriers do not
have a safety rating, either because they are exempt from the safety
inspection program or because an inspection has not yet been conducted.
In these cases, the appropriate certification would be that the carrier
is ``unrated'' for whatever particular reason is applicable.\5\
Moreover, as the final regulations will make clear, we are interested
only in current safety ratings.
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\5\ There may be carriers that had either conditional or
unsatisfactory ratings at the time when the safety inspection
process was changed, and were unable to obtain reinspection so as to
expunge the less-than-satisfactory ratings from their records. In
cases of this nature, carriers should attach an explanation of the
circumstances of the rating.
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Coach also suggests that (a) the Board should state its policy with
respect to transactions involving carriers that have unsatisfactory
ratings and (b) that safety certifications should be required only of
actual parties to transactions, not of affiliates. We understand
Coach's point, but will not adopt the precise approach it suggests.
First, we will consider the effect of unsatisfactory ratings on a case-
by-case basis. As a general matter, we would be concerned if an
acquiring carrier has an unsatisfactory safety rating. On the other
hand, as Coach points out, acquisition of a carrier with an
unsatisfactory rating by a carrier with a superior operating and safety
record could be a positive development. Secondly, as to carriers
affiliated with an acquiring carrier or controlled by an acquiring
noncarrier, we believe it is relevant to know whether an acquiring
applicant's affiliate has a less-than-satisfactory rating, even if an
acquiring carrier's own safety rating is satisfactory. In sum, it
appears prudent to have all relevant information on the record, with
the weight to be given to that information determined in each
particular case.
Copies of Applications To Be Filed With State Agencies
Our proposed rule at Sec. 1182.3(a)(1) would require one copy of
each application to be delivered to the appropriate regulatory body in
each State in which any of the parties to the transaction operates in
intrastate commerce. Greyhound argues that the proposed requirement is
burdensome. Greyhound points out that it is authorized to engage in
intrastate operations over all routes on which it provides interstate
transportation, and it operates in nearly every one of the continental
48 States. Greyhound submits that a given application, however, is
ordinarily only of interest to affected States. Greyhound suggests
revising the provision to provide for delivery of copies of an
application only to those States in which the motor carrier proposed to
be merged or acquired operates in intrastate commerce. ABA supports
Greyhound's comments in this regard.
We will revise the proposed regulation accordingly. The purpose of
the proposed requirement is to provide adequate and appropriate notice
to those States directly affected by the proposed transaction. This
would include any State in which the operator of intrastate bus
services (pursuant either to State or to federal operating authority)
will change or where that operator will come under control of (or under
common control with) another carrier. States unaffected by the proposed
transaction do not realistically need direct notice of the filing of
the application.
Time Frame for Final Decisions
Our proposed rule in Sec. 1182.6 describes the manner in which
opposed applications would be processed. Comments would be due 45 days
after notice of the application is published and replies would be due
60 days after the notice. The reply could include a request for
expedited action, and commenters could reply to such a request within
70 days of the publication of the notice. The proposed rules do not
contain a deadline for deciding the case, nor do they mention
[[Page 46396]]
the statutory requirement in section 14303(e) that the Board is to
complete evidentiary proceedings within 240 days after the notice and
to issue a final decision within 180 days after the close of the
record.
Coach suggests that, in order to provide a greater degree of
certainty, the Board should provide that it will normally process
applications within a fixed time frame not to exceed 100 days from the
date that a notice of the application is published, absent unusual
circumstances that might require more extended evidentiary proceedings.
We do not believe it is prudent or necessary to establish such a rule.
Our experience has been that opposition to these applications is
unusual, but it is difficult to predict whether some future case will
be opposed or what the nature of any opposition might be. In any event,
our goal is to process opposed applications quickly, and our rules are
consistent with what Coach seeks. After the record closes (60 or 70
days after the notice), the Board will determine whether to decide a
particular case on the existing record (which we hope to do within 100
days) or to establish a procedural schedule for the submission of
further evidence (which will be done only in unusual cases).
Coach also suggests that the Board consider a class exemption that
would allow control proceedings to be finalized following a notice
filed with the Board, subject to petitions for revocation of the
exemption. We do not believe the record warrants granting that request
at this time. To the extent that there are time constraints on the
closing of a transaction, the use of voting trust procedures (as
discussed below) or interim approval would be the appropriate solution.
Voting Trusts
Our proposed rules in Sec. 1182.7 cover interim approval of motor
passenger carrier finance applications. Greyhound seeks confirmation
that the provisions for interim operations are not intended to
foreclose the use of the voting trust procedures of 49 CFR part 1013,
which permit parties to proceed on a proposed merger or acquisition
pending Board approval.
While the voting trust provisions are available for use by parties
to motor passenger finance transactions, as well as rail finance
matters, we do not see the need to reference them specifically in
connection with these rules.
Compliance With State Transfer Regulations
Our proposed rules in Sec. 1182.8(f) \6\ would require applicants
to comply with State procedures if completion of a transaction requires
the transfer of operating authorities issued by a State regulatory
body. Coach argues that this provision is directly contrary to the
preemption provisions of 49 U.S.C. 14303(f).
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\6\ (f) If completion of a transaction requires the transfer of
operating authorities or registrations from one or more parties to
others, the parties shall comply with relevant procedures of State
authorities and of the Office of Motor Carriers of the U.S.
Department of Transportation, to accomplish such transfers.
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Under 49 U.S.C. 14303(f),\7\ motor carriers of passengers subject
to our jurisdiction are subject to our exclusive and plenary
jurisdiction in carrying out a consolidation, merger, or acquisition of
control. Accordingly, a State may not take any action that would in any
way interfere with the applicants' consummation of a section 14303
transaction. See Colorado Mountain Express, Inc., and Airport Shuttle
Colorado, Inc., d/b/a Aspen Limousine Service, Inc.--Consolidation and
Merger--Colorado Mountain Express, STB Docket No. MC-F-20902 (STB
served Feb. 28, 1997) at 3-4.
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\7\ The full text of section 14303(f) provides:
A carrier or corporation participating in or resulting from a
transaction approved by the Board under this section, or exempted by
the Board from the application of this section pursuant to section
13541, may carry out the transaction, own and operate property, and
exercise control or franchises acquired through the transaction
without the approval of a State authority. A carrier, corporation,
or person participating in the approved or exempted transaction is
exempt from the antitrust laws and from all other law, including
State and municipal law, as necessary to let that person carry out
the transaction, hold, maintain, and operate property, and exercise
control or franchises acquired through the transaction.
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Nevertheless, to accomplish the necessary transfer of operating
rights, ministerial actions by the State may be necessary to amend
State records so as to give full effect to transactions we approve.\8\
That action is all that was contemplated by the proposed rule. To
clarify the matter, we will modify the rule by stating that parties are
to ``comply with ministerial requirements of relevant State
procedures.''
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\8\ Cf. Leaseway Transp. Corp v. Bushnell, 888 F.2d 1212, 1215
(7th Cir. 1989), where the court discussed 49 U.S.C. 11341(a) (the
predecessor of section 14303(f)), and stated that a State:
may not act as a ``gate-keeper'' handing down prior approval of
Leaseway's acquisition, but it may certainly impose filing or notice
requirements and taxes (as long as these do not interfere with
Leaseway's ability to carry out the acquisition or exercise control
as provided in section 11341(a)).
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Filing Fees and Removed Regulations
The proposed rules included a redescription and clarification of
the categories in which the filing fees applicable to these matters are
specified. No change was proposed in the level of the filing fees. In
the interim, however, the Board's filing fees have been revised,
pursuant to Regulations Governing Fees for Services Performed in
Connection with Licensing and Related Services--1998 Update, STB Ex
Parte No. 542 (Sub-No. 2) (STB served Feb. 18, 1988). The filing fee
for an application in a motor passenger finance case was increased from
$1,100 to $1,300, and the filing fee for a request for interim approval
(temporary authority) was increased from $250 to $300. The final rules
we are adopting include the redescriptions of the fee categories, as
proposed, and reflect the current fee schedule.
Finally, as proposed, we are removing the regulations in part 1187
(concerning temporary authority) and part 1188 (pertaining to gross
operating revenues) and replacing them with provisions incorporated in
part 1182.
The Board certifies that these rules will not have a significant
economic effect on a substantial number of small entities. We received
no comments in response to the notice of proposed rulemaking concerning
effects on small entities. These rules establish simple processing
procedures and impose no new reporting requirements on small entities.
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 1002
Administrative practice and procedure, Common Carriers, Freedom of
information, User fees.
49 CFR Part 1182
Administrative practice and procedure, Motor carriers.
49 CFR Part 1187
Administrative practice and procedure, Motor Carriers.
49 CFR Part 1188
Administrative practice and procedure, Motor carriers.
Decided: August 24, 1998.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X,
parts 1002,
[[Page 46397]]
1182, 1187, and 1188 of the Code of Federal Regulations are amended as
follows:
PART 1002--FEES
1. The authority citation for part 1002 continues to read as
follows:
Authority: 5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701; and 49
U.S.C. 721(a).
2. Section 1002.2 is amended by revising paragraphs (f)(2) and
(f)(5) to read as follows:
Sec. 1002.2 Filing fees.
* * * * *
(f) * * *
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Type of proceeding Fee
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(2) An application to consolidate, merge, purchase, lease, or
contract to operate the properties or franchises of motor
carriers of passengers or to acquire control of motor carriers
of passengers, under 49 U.S.C. 14303.......................... 1,300
* * * * *
(5) A request for interim approval in connection with a finance
application involving a motor carrier of passengers, under 49
U.S.C. 14303(i)............................................... 300
* * * * *
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3. Part 1182 is revised to read as follows:
PART 1182--PURCHASE, MERGER, AND CONTROL OF MOTOR PASSENGER
CARRIERS
Sec.
1182.1 Applications covered by this part.
1182.2 Content of applications.
1182.3 Filing the application.
1182.4 Board review of the application.
1182.5 Comments.
1182.6 Processing an opposed application.
1182.7 Interim approval.
1182.8 Miscellaneous requirements.
Authority: 5 U.S.C. 559; 21 U.S.C. 853a; and 49 U.S.C. 13501,
13902(c), and 14303.
Sec. 1182.1 Applications covered by this part.
The rules in this part govern applications for authority under 49
U.S.C. 14303 to consolidate, merge, purchase, lease, or contract to
operate the properties or franchises of motor carriers of passengers or
to acquire control of motor carriers of passengers. There is no
application form for these proceedings. Applicants shall file a
pleading containing the information described in 49 CFR 1182.2. See 49
CFR 1002.2(f) (2) and (5) for filing fees.
Sec. 1182.2 Content of applications.
(a) The application must contain the following information:
(1) Full name, address, and authorized signature of each of the
parties to the transaction;
(2) Copies or descriptions of the pertinent operating authorities
of all of the parties (Note: If an applicant is domiciled in Mexico or
owned or controlled by persons of that country, copies of the actual
operating authorities must be submitted.);
(3) A description of the proposed transaction;
(4) Identification of any motor passenger carriers affiliated with
the parties, a brief description of their operations, and a summary of
the intercorporate structure of the corporate family from top to
bottom;
(5) A jurisdictional statement, under 49 U.S.C. 14303(g), that the
12-month aggregate gross operating revenues, including revenues of all
motor carrier parties and all motor carriers controlling, controlled
by, or under common control with any party from all transportation
sources (whether interstate, intrastate, foreign, regulated, or
unregulated) exceeded $2 million. (Note: The motor passenger carrier
parties and their motor passenger carrier affiliates may select a
consecutive 12-month period ending not more than 6 months before the
date of the parties' agreement covering the transaction. They must,
however, select the same 12-month period.)
(6) A statement indicating whether the transaction will or will not
significantly affect the quality of the human environment and the
conservation of energy resources;
(7) Information to demonstrate that the proposed transaction is
consistent with the public interest, including particularly: the effect
of the proposed transaction on the adequacy of transportation to the
public; the total fixed charges (e.g., interest) that result from the
proposed transaction; and the interest of carrier employees affected by
the proposed transaction. See 49 U.S.C. 14303(b);
(8) Certification by applicant of the current U.S. Department of
Transportation safety fitness rating of each motor passenger carrier
involved in the transaction, whether that carrier is a party to the
transaction or is affiliated with a party to the transaction;
(9) Certification by the party acquiring any operating rights
through the transaction that it has sufficient insurance coverage under
49 U.S.C. 13906 (a) and (d) for the service it intends to provide;
(10) A statement indicating whether any party acquiring any
operating rights through the transaction is either domiciled in Mexico
or owned or controlled by persons of that country; and
(11) If the transaction involves the transfer of operating
authority to an individual who will hold the authority in his or her
name, that individual must complete the following certification:
I, __________, certify under penalty of perjury under the laws
of the United States, that I have not been convicted, after
September 1, 1989, of any Federal or State offense involving the
distribution or possession of a controlled substance, or that I have
been so convicted, but I am not ineligible to receive Federal
benefits, either by court order or operation of law, pursuant to 21
U.S.C. 853a.
(b) The application shall contain applicants' entire case in
support of the proposed transaction, unless the Board finds, on its own
motion or that of a party to the proceeding, that additional
evidentiary submissions are required to resolve the issues in a
particular case.
(c) Any statements submitted on behalf of an applicant supporting
the application shall be verified, as provided in 49 CFR 1182.8(e).
Pleadings consisting strictly of legal argument, however, need not be
verified.
(d) If an application or supplemental pleading contains false or
misleading information, the granted application is void ab initio.
Sec. 1182.3 Filing the application.
(a) Each application shall be filed with the Board, complying with
the requirements set forth at 49 CFR 1182.8.
(1) One copy of the application shall be delivered, by first-class
mail, to the appropriate regulatory body in each State in which
intrastate operations are affected by the transaction.
(2) If the application involves the merger or purchase of motor
passenger carriers (contemplating transfer of operating authorities or
registrations from one or more parties to others), one copy of the
application shall be delivered, by first-class mail, to:
Chief, Lic. & Ins. Div., U.S.D.O.T. Office of Motor Carriers-HIA 30,
400 Virginia Ave., S.W., Ste. 600, Washington, DC 20004
(b) In their application, the parties shall certify that they have
delivered copies of the application as provided in paragraph (a) of
this section.
Sec. 1182.4 Board review of the application.
(a) All applications will be reviewed for completeness. Applicants
will be given an opportunity to correct minor errors or omissions.
Incomplete applications may be rejected, or, if omissions are
corrected, the filing date of the application, for purposes of
calculating the procedural schedule and statutory deadlines, will be
deemed to
[[Page 46398]]
be the date on which the complete information is filed with the Board.
(b) If the application is accepted, a summary of the application
will be published in the Federal Register (within 30 days, as provided
by 49 U.S.C. 14303(c)), to give notice to the public, in the form of a
tentative grant of authority.
(c) If the published notice does not properly describe the
transaction for which approval is sought, applicants shall inform the
Board within 10 days after the publication date.
(d) A copy of the application will be available for inspection at
the Board's offices in Washington, DC. Interested persons may obtain a
copy of the application from the applicants' representative, as
specified in the published notice.
Sec. 1182.5 Comments.
(a) Comments concerning an application must be received by the
Board within 45 days after notice of the application is published, as
provided by 49 U.S.C. 14303(d). Failure to file a timely comment waives
further participation in the proceeding. If no comments are filed
opposing the application, the published tentative grant of authority
will automatically become effective at the close of the comment period.
A tentative grant of authority does not entitle the applicant to
consummate the transaction before the end of the comment period.
(b) A comment shall be verified, as provided in 49 CFR 1182.8(e),
and shall contain all information upon which the commenter intends to
rely, including the grounds for any opposition to the transaction and
the commenter's interest in the proceeding.
(c) The docket number of the application must be conspicuously
placed at the top of the first page of the comment.
(d) A copy of the comment shall be delivered concurrently to
applicants' representative(s).
Sec. 1182.6 Processing an opposed application.
(a) If timely comments are submitted in opposition to an
application, the tentative grant of authority is void.
(b) Applicants may file a reply to opposing comments, within 60
days after the date the application was published.
(1) The reply may include a request for an expedited decision on
the issues raised by the comments. Otherwise, the reply may not contain
any new evidence, but shall only rebut or further explain matters
previously raised.
(2) The reply shall be verified, as provided in 49 CFR 1182.8(e),
unless it consists strictly of legal argument.
(3) Applicants' reply must be served on each commenter in such
manner that it is received no later than the date it is due to be filed
with the Board.
(4) Opposing commenters may reply to a request for an expedited
decision, within 70 days after notice of the application was published.
(c) The Board may:
(1) Dispense with further proceedings and make a final
determination based on the record as developed; or
(2) Issue a procedural schedule specifying the dates by which:
applicants may submit additional evidence in support of the
application, in response to the comment(s) in opposition; and the
opposing commenter(s) may reply.
(d) Further processing of an opposed application will be handled on
a case-by-case basis, as appropriate to the particular issues raised in
the comments filed in opposition to the application. Evidentiary
proceedings must be concluded within 240 days after publication of the
notice of the application.
Sec. 1182.7 Interim approval.
(a) A party may request interim approval of the operation of the
properties sought to be acquired through the proposed transaction, for
a period of not more than 180 days pending determination of the
application. This request may be included in the application or may be
submitted separately after the application is filed (e.g., once a
comment opposing the application has been filed). An additional filing
fee is required, whether the request for interim approval is included
in the application or is submitted separately at a later time. See 49
CFR 1002.2(f)(5) for the additional filing fee.
(b) A request for interim approval of the operation of the
properties sought to be acquired in the application must show that
failure to grant interim approval may result in destruction of or
injury to those properties or substantially interfere with their future
usefulness in providing adequate and continuous service to the public.
(c) If a request for interim approval is submitted after the
application is filed, it must be served on each person who files or has
filed a comment in response to the published notice of the application.
Service must be simultaneous upon those commenters who are known when
the request for interim approval is submitted; otherwise, service must
be within 5 days after the comment is received by applicants or their
representative.
(d) Because the basis for requesting interim approval is to prevent
destruction of or injury to motor passenger carrier properties sought
to be acquired under 49 U.S.C. 14303, the processing of such requests
is intended to promote expeditious decisions regarding interim
approval. The Board has no obligation to give public notice of requests
for interim approval, and such requests are decided without hearing or
other formal proceeding.
(1) If a request for interim approval is included in the
application, the Board's decision with regard to interim approval will
be served in conjunction with the notice accepting the application.
(2) If an application is rejected, the request for interim approval
will be denied.
(3) If an application is denied, after comments in opposition are
submitted, any interim approval will terminate 30 days after service of
the decision denying the application.
(e) A petition to reconsider a grant of interim approval may be
filed only by a person who has filed a comment in opposition to the
application.
(1) A petition to reconsider a grant of interim approval must be in
writing and shall state the specific grounds upon which the commenter
relies in opposing interim approval. The petition shall certify that a
copy has been served on applicants' representative.
(2) The original and 10 copies of the petition to reconsider a
grant of interim approval shall be filed with the Board, and one copy
of the petition shall be served on applicants' representative(s).
(f) The Board may act on a petition to reconsider a grant of
interim approval either separately or in connection with the final
decision on the application.
Sec. 1182.8 Miscellaneous requirements.
(a) If applicants wish to withdraw an application, they shall
jointly request dismissal in writing.
(b) An original and 10 copies of all applications, pleadings, and
other material filed under this part must be filed with the Board.
(c) All pleadings (including motions and replies) submitted under
this part shall be served on all other parties, concurrently and by the
same (or more expeditious) means with which they are filed with the
Board.
(d) Each pleading shall contain a certificate of service stating
that the pleading has been served in accordance with paragraph (c) of
this section.
(e) All applications and pleadings containing statements of fact
(i.e., except motions to strike, replies thereto,
[[Page 46399]]
and other pleadings that consist only of legal argument) must be
verified by the person offering the statement, in the following manner:
I, [Name and Title of Witness], verify under penalty of perjury,
under the laws of the United States of America, that all information
supplied in connection with this application is true and correct.
Further, I certify that I am qualified and authorized to file this
application or pleading. I know that willful misstatements or
omissions of material facts constitute Federal criminal violations
punishable under 18 U.S.C. 1001 by imprisonment up to five years and
fines up to $10,000 for each offense. Additionally, these
misstatements are punishable as perjury under 18 U.S.C. 1621, which
provides for fines up to $2,000 or imprisonment up to five years for
each offense.
[Signature and Date]
(f) If completion of a transaction requires the transfer of
operating authorities or registrations from one or more parties to
others, the parties shall comply with relevant procedures of the Office
of Motor Carriers of the U.S. Department of Transportation, and comply
with ministerial requirements of relevant State procedures.
PARTS 1187 AND 1188--[REMOVED]
4. Under the authority of 49 U.S.C. 721 and 14303, parts 1187 and
1188 are removed.
[FR Doc. 98-23352 Filed 8-31-98; 8:45 am]
BILLING CODE 4915-00-P
