[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terminated, superseded, set aside, or revoked in accordance with law by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]
BILLING CODE 4915-00-P
