[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Rules and Regulations]
[Pages 4492-4493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2317]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1166
[STB Ex Parte No. 620]
Removal of Obsolete Regulations Concerning Extension of
Operations by Water Carriers
AGENCY: Surface Transportation Board.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) is removing from the
Code of Federal Regulations obsolete regulations concerning the
extension of operations by water carriers over newly completed sections
of waterways.
EFFECTIVE DATE: January 30, 1997.
[[Page 4493]]
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [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 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law repealed and not substantively reenacted by this Act.''
As here relevant, under the prior law, water common carriers needed
a certificate to provide transportation (former section 10922) and
water contract carriers needed a permit (former section 10923). See
also former 49 U.S.C. 10921. However, under former 49 U.S.C.
10922(h)(3)(B), a water common carrier with authority to operate over a
completed portion of a waterway had a right to extend its
transportation over newly completed portions as they were opened for
navigation. The regulations at 49 CFR part 1166 implemented that
provision by specifying, inter alia, that if service was instituted
over the newly completed waterway within 120 days after it was opened
for navigation, the ICC would issue a certificate of public convenience
and necessity without proof of public convenience and necessity.1
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\1\ The ICC, on June 11, 1941, prescribed the form and content
of applications for extension of service. These regulations were
first issued at 6 FR 3118 (June 27, 1941) and codified at then 49
CFR part 305. See John I. Hay Co. Extension-Bayou Sorrel Lock, 285
I.C.C. 229, 230 (1952).
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The ICCTA removed the licensing requirements of former sections
10921, 10922, and 10923 as they pertain to water carriers.2
Because the statutory basis (former section 10922) for the regulations
at 49 CFR part 1166 has been eliminated, we will remove those
regulations.
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\2\ See Champion's Auto Ferry, Inc.--Revocation of Certificate,
Docket No. WC 1548 (Sub-No. 1C) (STB served Feb. 27, 1996). See also
Removal of Obsolete Regulations Concerning Water Carriers, STB Ex
Parte No. 557 (STB served Oct. 17, 1996) (removing obsolete water
carrier regulations related to miscellaneous statutory exemptions).
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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 made effective on the date
of publication in the Federal Register.
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 1166
Administrative practice and procedure.
Decided: January 16, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
PART 1166--[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 1166.
[FR Doc. 97-2317 Filed 1-29-97; 8:45 am]
BILLING CODE 4915-00-P
