96-9788. Removal of Obsolete Regulations for Discontinuance of Bus Transportation in One State

[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Page 17579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9788]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1169

[STB Ex Parte No. 544]


Removal of Obsolete Regulations for Discontinuance of Bus 
Transportation in One State

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (the Board) is removing from 
the Code of Federal Regulations obsolete regulations concerning 
discontinuance of bus transportation in one state.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, [phone]. [TDD for 
the hearing impaired: [phone].]

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 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established by the [ICC] that are based on provisions of law repealed 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.''
    Under the Bus Regulatory Reform Act of 1982 (the Bus Act), state 
regulation of bus exit was relaxed. As here pertinent, section 16 of 
the Bus Act (codified at 49 U.S.C. 10935) provided a mechanism for bus 
companies to seek ICC permission to discontinue service on intrastate 
routes that form part of interstate routes when they have been denied 
permission by state regulatory bodies to discontinue such 
service.1 In Preemption of State Regulations--Regular-Route Exit, 
133 M.C.C. 20 (1982), the ICC issued rules, found at 49 CFR 1169, to 
implement this statutory provision.
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    \1\  Under 49 U.S.C. 10935, discontinuance means total cessation 
of service or reducing the level of service to less than one trip 
per weekday (excluding Saturdays and Sundays).
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    Pursuant to the ICCTA, 49 U.S.C. 10935 has been repealed. Because 
the section 10935 statutory basis for the part 1169 regulations for 
discontinuance of bus transportation in one state has been repealed, we 
are removing the now obsolete part 1169 regulations.2
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    \2\  We note that the repeal was not intended to reintroduce 
state regulation. Rather, under the preemption provisions of old 49 
U.S.C. 11501(e), which were amended and recodified at 49 U.S.C. 
14501(a), interstate or intrastate scheduling changes, including 
discontinuance and the reduction of the level of service on a 
carrier's interstate routes, are preempted from state regulation. 
The new law, we also note, leaves unchanged the ability of states to 
require notice, not to exceed 30 days, of schedule changes and 
discontinuances. As before, states may regulate intrastate commuter 
bus operations and strictly intrastate routes.
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    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.
    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 1169

    Administrative practice and procedure, Buses, Motor Carriers.

    Decided: April 9, 1996.

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

PART 1169--[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 1169.

[FR Doc. 96-9788 Filed 4-19-96; 8:45 am]
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