[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Proposed Rules]
[Page 8209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4502]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1136
[STB Ex Parte No. 624]
Removal of Obsolete Regulations Concerning Rail Passenger Fare
Increases
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Surface Transportation Board (Board) proposes to remove
from the Code of Federal Regulations obsolete regulations concerning
rail passenger carrier commutation or suburban fare increases.
DATES: Comments are due on March 26, 1997.
ADDRESSES: Submit comments to Surface Transportation Board, Office of
the Secretary, Case Control Board, Washington, DC 20423.
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law repealed and not substantively reenacted by this Act.''
The regulations at 49 CFR part 1136 require that a rail passenger
carrier proposing commutation or suburban fare increases concurrently
file tariffs and verified statements with the ICC and the Governor and
appropriate state or county regulatory agency. The carrier is also to
certify that the notice provisions of 49 CFR 1312.5 have been
met.1
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\1\ These regulations describe, inter alia, the placement, form,
and content of the notice given when a rail passenger carrier seeks
a fare increase. The Board has proposed that these regulations be
eliminated. Regulations for the Publication, Posting and Filing of
Tariffs for the Transportation of Property by or with a Water
Carrier in the Noncontiguous Domestic Trade, STB Ex Parte No. 618
(STB served Dec. 20, 1996).
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The ICC issued these regulations, in Notice of Increases in Frt.
Rates and Pass. Fares, 349 I.C.C. 741 (1975), to ensure that rail and
motor carriers would give advance notice of and justification for
commutation and suburban passenger fare increases. The rules were
designed to facilitate the filing of potential protests seeking the
suspension and/or investigation of fare increases. Subsequently, the
ICC modified these regulations by removing their application to motor
passenger carriers. Practice and Procedure-Misc. Amendments-Revisions,
6 I.C.C.2d 587 (1990). The ICC reasoned that it could not investigate,
suspend, revise or revoke for being unreasonable a rate proposed by a
motor passenger carrier acting independently and noted, moreover, that
there had been no complaints or protests under these rules regarding
ratemaking activity by passenger carriers. See Practice and Procedure-
Miscellaneous Amendments-Revision, Ex Parte No. 55 (Sub-No.73) (ICC
served Oct. 10, 1989).
We believe that the remaining regulations in Part 1136 are now also
obsolete. Under the ICCTA, with certain exceptions not relevant here,
``the Board does not have jurisdiction * * * over mass transportation
provided by a local governmental authority.'' 49 U.S.C. 10501(c)(2).
Even as to rail passenger transportation that might not qualify for
that exemption, our regulatory authority is quite limited. The tariff
filing requirements formerly applicable to rail carriers, at former 49
U.S.C. 10761 and 10762, have been repealed.2 Moreover, although
the Board has the authority to issue injunctions ``when necessary to
prevent irreparable harm,'' 3 there is no longer a procedure for
protesting, investigating, and suspending rates or fares prior to their
going into effect. Under these circumstances, we do not believe that
the regulations at 49 CFR 1136 are necessary. We seek comments
concerning their proposed removal.
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\2\ New 49 U.S.C. 11101 (b) and (d) require disclosure of rail
common carrier rates and service terms. New 49 U.S.C. 11101(c)
further requires rail carriers providing common carriage to give
advance notice of rate increases to those who have requested such
notification. See Disclosure, Pub. & Notice of Change of Rates--Rail
Carriage, 1 S.T.B. 153 (1996) and 49 CFR 1300.
\3\ See 49 U.S.C. 721(b)(4).
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The Board preliminarily concludes that the removal of the rule, if
adopted, would not have a significant effect on a substantial number of
small entities. The effect, if any, of this rule's removal will be to
lessen the regulatory filing requirements of rail passenger carriers.
We believe that the removal of the notice provision is unlikely to
significantly affect small governmental jurisdictions. 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 1136
Administrative practice and procedure, Buses, Railroads.
Decided: February 10, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
PART 1136--[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 proposed to be amended by removing part 1136.
[FR Doc. 97-4502 Filed 2-21-97; 8:45 am]
BILLING CODE 4915-00-P
