[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Page 24722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12280]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1330
[STB Ex Parte No. 547]
Removal of Obsolete Regulations Concerning Filing Quotations for
Government Shipments
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 the
filing of rate quotations for government shipments.
EFFECTIVE DATE: January 1, 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established by the [ICC] that are based on provisions of law repealed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.''
Former 49 U.S.C. 10721(b)(1) expressly provided that a common
carrier could provide transportation for the United States government
without charge or at a reduced rate.\1\ That provision is retained in
new 49 U.S.C. 10721 (rail transportation), 15712 (transportation by
motor or water carriage and freight forwarders), and 15504 (pipeline
transportation). However, the ICCTA removed the requirement of former
49 U.S.C. 10721(b)(2) that common carriers generally file copies of
rate quotations or tenders with both the ICC and the department, agency
or instrumentality of the United States government for which they were
made. Therefore, the ICC regulations to implement the quotation filing
requirement, which were codified in part 1330 at 43 FR 59844 (December
22, 1978),\2\ have been rendered obsolete. Because the statutory basis
for the part 1330 regulations has been removed, we are eliminating
those rules.
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\1\ Former section 10721 recodified section 22 of the Interstate
Commerce Act. Section 22 allowed common carriers to depart from
their tariffs in providing service to the government.
\2\ The regulations were later modified to exempt
nonagricultural rail rate quotations from the filing requirements.
Railroad Exempt.--Filing Quotations--Section 10721, 7 I.C.C.2d 325
(1991).
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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 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 1330
Freight, Government procurement, Motor carriers, Moving of
household goods, Pipelines, Railroads.
Decided: May 2, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
PART 1330--[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 1330.
[FR Doc. 96-12280 Filed 5-15-96; 8:45 am]
BILLING CODE 4915-00-P