[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Rules and Regulations]
[Pages 21387-21388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11742]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1164 and 1311
[STB Ex Parte No. 545]
Removal of Obsolete Regulations Concerning Owner-Operators
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 owner-
operators.
EFFECTIVE DATE: May 10, 1996.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-7513. [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 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established by the [ICC] that are based on provisions of law repealed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.''
Generally, prior to enactment of the Motor Carrier Act of 1980
(MCA-80), motor common and contract carriers needed licenses from the
ICC (certificates for common carriers, permits for contract carriers)
in order to operate. These licenses were based on public convenience
and necessity and fitness standards. Motor common and contract carriers
could only charge rates that were filed with the ICC in tariffs or
schedules.
The regulations involved here relaxed these regulatory requirements
for owner-operators transporting food. The part 1164 regulations were
based on former 49 U.S.C. 10922(b)(4)(E), 10923(b)(5)(A), and 11145(c).
The part 1311 regulations were based on former 49 U.S.C. 10762(a)(1)
and 10762(g), as well as former sections 10922(b)(4)(E) and
10923(b)(5)(A). Under the Trucking Industry Regulatory Reform Act
(TIRRA), Title II of the Hazardous Materials Transportation Act
Amendments of 1994, Pub. L. No. 103-311 (August 26, 1994), and the
ICCTA, these statutory provisions were repealed, and we are accordingly
removing the obsolete part 1164 and part 1311 regulations.
PART 1164--LICENSING
Sections 5(a)(3) and 10(a)(2) of the MCA-80 provided exceptions for
owner-operators to the licensing provisions then generally applicable
for obtaining certificates and permits. These sections of the MCA-80
were codified, as here relevant, at former 49 U.S.C. 10922(b)(4)(E) and
49 U.S.C. 10923(b)(5)(A). Owner-operators were allowed to obtain
operating authority from the ICC to transport food and certain other
commodities 1 through a fitness-only application procedure.2
The ICC issued regulations implementing the new statute in Owner-
Operator Food Transportation, 132 M.C.C. 521 (1981) (Owner-
Operator).3
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\1\ These commodities were food and other edible products
included for human consumption (excluding alcoholic beverages and
drugs), agricultural limestone, and fertilizers and other soil
conditioners. For brevity, these commodities will be referred to as
food products.
\2\ The statute limited this provision to transportation by the
owner of the vehicle, except in emergency situations, and to
situations in which the annual tonnage of food products transported
did not exceed the annual tonnage of exempt commodities transported.
Former 49 U.S.C. 11145(c) required the ICC to ``streamline'' the
annual method of reporting tonnage.
\3\ These regulations were originally found in 49 CFR part
1138, but they were redesignated at 49 CFR part 1164 on November 1,
1982 (47 FR 49534). They defined the term ``emergency situations''
and promulgated an annual reporting requirement to certify
compliance with the statute's annual tonnage limitation.
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TIRRA again amended former sections 10922 and 10923. Sections 207
and 208 of TIRRA eliminated the provisions of 49 U.S.C. 10922(b)(4)(E)
and 49 U.S.C. 10923(b)(5)(A) and also modified other parts of sections
10922 and 10923 to apply the fitness-only standard to all non-household
goods motor property common and contract carrier applicants. See
Revised MC-Licensing Appl. Forms and Regs., 10 I.C.C.2d 386, 387
(1994).4 Thus, since the passage of TIRRA, owner operators have
been able to obtain authority to transport food products under that
standard regardless of the annual tonnage and ownership of the
vehicle.5
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\4\ Effective January 1, 1995, the ICC was to issue authorities
to carriers upon finding that the applicant was in compliance with
(1) ICC regulations and safety requirements; (2) DOT safety fitness
requirements; and (3) minimum financial responsibility requirements
established by the ICC pursuant to 49 U.S.C. 10927.
\5\ Truck licensing was again changed under the ICCTA.
Permanent licensing for motor carriers of property was eliminated.
49 U.S.C. 13902. Now, motor carriers are registered for a term
determined by the Secretary of Transportation based on fitness
standards (safety and insurance) similar to those in TIRRA. A two-
year transition period is established to allow motor common and
contract carriers to be issued certificates and permits under the
TIRRA framework. 49 U.S.C. 13902(d). Although ICCTA eliminates the
distinction between motor common and contract carriage, each carrier
can be separately registered during the transition period.
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Because former sections 10922(b)(E)(5), 10923(b)(5)(A), and
11145(c) have been eliminated, we will remove the obsolete regulations
at 49 CFR part 1164.
PART 1311--RATE FILINGS
Section 5(a) of the MCA-80 modified for owner-operators the
requirement to file tariffs and schedules: former 49 U.S.C. 10762 was
amended by the addition of a new subsection (g) mandating the
streamlining of rate filing requirements of motor carriers holding
authority issued under former section 10922(b)(4)(E) and
10923(b)(5)(a). Also, former section 10762(a)(1) was amended
[[Page 21388]]
to require the filing of only minimum rates for owner-operator
transportation of food products. In Owner-Operator, supra, the ICC
adopted regulations at 49 CFR part 1311 that permitted owner-operators
of food products to file, in lieu of tariffs or schedules, a letter
statement containing the transportation services performed and the
minimum rates.6
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\6\ The ICC later eliminated by exemption the requirement that
motor contract carriers file a schedule of rates. Exemption--Mtr.
Contr. Car.--Tariff Filing Requirements, 133 M.C.C. 150 (1983),
aff'd sub nom. Central & Southern Motor Freight Ass'n v. United
States, 757 F.2d 301 (D.C. Cir. 1985), cert. denied, 474 U.S. 1019
(1985).
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Section 206 of TIRRA further amended former section 10762(a)(1) by
removing the tariff filing requirement for individually (as
distinguished from collectively) set rates of motor common carriers of
property (other than household goods and carriers involved with water
carriers in the noncontiguous domestic trade). Motor contract carriers
were no longer required to file actual or minimum rates.7
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\7\ Although sections 207 and 208 of TIRRA eliminated former
sections 10922(b)(4)(E) and 10923(b)(5)(A), TIRRA did not remove
former section 10762(g), the provision for streamlined rate filing
for owner-operator transportation of food products.
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The ICCTA further modified the rate filing requirements. Former
section 10762(g) was removed. Now, under 49 U.S.C. 13702, motor
carriers only need to file a tariff with the Board for transportation
in noncontiguous domestic trade (with certain exceptions).
Because the statutory bases for the part 1311 regulations have been
repealed, we are eliminating these obsolete rules.
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 1164
Foods, Freight, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 1311
Foods, Freight, Motor carriers.
Decided: April 24, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
PARTS 1164 AND 1311--[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 parts 1164 and 1311.
[FR Doc. 96-11742 Filed 5-9-96; 8:45 am]
BILLING CODE 4915-00-P
