[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50522-50525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25640]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Chapter X
[STB Ex Parte No. 571]
Revision of Authority Citations
AGENCY: Surface Transportation Board, DOT.
ACTION: Final rules.
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SUMMARY: The Surface Transportation Board amends its regulations by
updating its authority citations.
EFFECTIVE DATE: These rules are effective September 26, 1997.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. (TDD for
the hearing impaired: (202) 565-1695.)
SUPPLEMENTARY INFORMATION: The Surface Transportation Board (Board) is
revising certain authority citations in the Code of Federal Regulations
(CFR) to reflect statutory changes made by the ICC Termination Act of
1995, Pub. L. No. 104-88, 109 Stat. 803 (1995) (ICCTA) and previous
statutes.1 The ICCTA abolished the Interstate Commerce
Commission (ICC), established the Board to assume many of the functions
of the ICC, and made substantial revisions to 49 U.S.C. Subtitle IV.
The revisions to subtitle IV included both substantive changes and a
wholesale renumbering of individual sections within subtitle IV. See
H.R. Rep. No. 104-422, 104th Cong., 1st Sess. 241-47 (1995) (table
showing disposition of individual statutory provisions). Under section
204(a) of the ICCTA, the regulations that had been promulgated and
administered by the ICC, located at 49 CFR chapter X, were transferred
to the Board (except for parts relating to functions transferred to the
Secretary of Transportation under the ICCTA, which were transferred to
the Secretary of Transportation and have since been moved to other
chapters). 2 In an ongoing effort to update the regulations
in chapter X, the Board has removed many parts that had been rendered
obsolete by changes in the governing statute; revised other parts to
conform to substantive changes in the governing statute; and made
wholesale changes to the nomenclature of yet other parts to reflect the
elimination of the ICC and the substitution of the Board. The Board is
now updating the authority citations, as required by 1 CFR 21.41, for
most parts within chapter X--those which are not obsolete and have not
been addressed in other proceedings--to reflect renumbering of the
underlying provisions in the governing statute.
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\1\ An authority citation denotes what statutory provision(s)
authorize the agency to adopt or change the regulation(s) involved.
\2\ See 61 FR 54706 (October 21, 1996).
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Under 1 CFR 21.40, the authority citation must include the general
or specific authority delegated by statute. We are deleting references
to the Administrative Procedure Act (APA), because the APA does not
provide an independent basis of authority. 3
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\3\ Cf. Cousins v. Secretary of Transp., 880 F.2d 603, 605 (1st
Cir. 1989). We do not believe, however, that it is necessary at this
time to delete APA references in authority citations that are
otherwise up-to-date.
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Some authority citations include only a general or a specific
authority, but not both. See 49 CFR 1037 and 49 CFR 1302. We believe
these to be legally sufficient; as noted, under 1 CFR 21.40, a general
or specific authority is required. Because we are merely updating the
authority citations to remove obsolete statutory references, we will
generally not add authorities. 4
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\4\ In some cases, however, we have added statutory
authorities. In part 1246 (Number of railroad employees), we are
including a citation to 49 U.S.C. 11145 that pertains to rail
carrier reports. In part 1253 (rate-making organization; records and
reports), we are also adding a reference to 49 U.S.C. 11144, rail
carrier records. We are also changing the headings in parts 1037 and
1331, and have modified part 1220 to remove obsolete references.
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[[Page 50523]]
We are not updating the authorities of certain regulations (parts
1022, 1030, 1091, 1131, 1143, 1156, and 1170), because these rules
appear to be obsolete will be addressed in a separate proceeding. Also,
we are not amending the authority citation for part 1004. The Federal
Highway Administration has incorporated all of part 1004, except
section 1004.26, into 49 CFR part 356 (62 FR 32040, June 12, 1997),
without removing provisions from chapter X. We question whether the
portions of part 1004 that are not obsolete are still necessary, and we
will seek comment in a separate proceeding as to whether this rule
should be maintained. Finally, part 1144 appears to be partially
obsolete. We will update the authorities for the operative portions of
that rule, and later undertake a substantive revision of that part.
Small Entities
The Board certifies that these changes will not have a significant
economic effect on a substantial number of small entities.
Environment
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 1003
Administrative practice and procedure.
49 CFR Part 1005
Claims, Investigations, Motor carriers, Railroad.
49 CFR Part 1007
Administrative practice and procedure, Privacy.
49 CFR Part 1012
Sunshine Act.
49 CFR Part 1013
Common carriers, Reporting and recordkeeping requirements,
Securities, Trusts and trustees.
49 CFR Part 1016
Claims, Equal access to justice, Lawyers.
49 CFR Part 1018
Claims, Debts.
49 CFR Part 1019
Government employees.
49 CFR Part 1021
Claims.
49 CFR Part 1033
Railroads.
49 CFR Part 1034.
Railroads.
49 CFR Part 1035
Bills of Lading, Railroads, Water carriers.
49 CFR Part 1037
Claims, Grains, Railroads.
49 CFR Part 1090
Intermodal transportation, Motor carriers, Railroads.
49 CFR Part 1100
Administrative practice and procedure.
49 CFR Part 1101
Administrative practice and procedure.
49 CFR Part 1102
Administrative practice and procedure.
49 CFR Part 1103
Administrative practice and procedure, Lawyers.
49 CFR Part 1109
Administrative practice and procedure.
49 CFR Part 1110
Administrative practice and procedure.
49 CFR Part 1116
Administrative practice and procedure.
49 CFR Part 1117
Administrative practice and procedure.
49 CFR Part 1119
Administrative practice and procedure.
49 CFR Part 1120
Freight, Motor carriers.
49 CFR Part 1133
Claims, Freight.
49 CFR Part 1137
Administrative practice and procedure, Railroads.
49 CFR Part 1139
Administrative practice and procedure, Motor carriers, Reporting
and recordkeeping requirements.
49 CFR Part 1141
Administrative practice and procedure.
49 CFR Part 1144
Railroads.
49 CFR Part 1151
Administrative practice and procedure, Railroads.
49 CFR Part 1177
Administrative practice and procedure, Archives and records,
Railroads.
49 CFR Part 1184
Administrative practice and procedure, Motor carriers.
49 CFR Part 1200
Common carriers, Uniform System of Accounts.
49 CFR Part 1220
Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1242
Railroads, Taxes.
49 CFR Part 1243
Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1244
Freight, Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1245
Railroad employees, Reporting and recordkeeping requirements,
Wages.
49 CFR Part 1246
Railroads, Reporting and recordkeeping requirements.
49 CFR Part 1248
Freight, Railroads, Reporting and recordkeeping requirements,
Statistics.
49 CFR Part 1253
Motor carriers, Railroads, Reporting and recordkeeping
requirements.
49 CFR Part 1302
Exports, Freight, Imports, Railroads.
49 CFR Part 1331
Motor carriers, Moving of household goods, Railroads.
Decided: September 17, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble, title 49, chapter X, of
the Code of Federal Regulations is amended as follows:
[[Page 50524]]
PART 1003--FORMS
1. The authority citation for part 1003 is revised to read as
follows:
Authority: 49 U.S.C. 721, 13301(f).
PART 1005--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
2. The authority citation for part 1003 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11706, 14706, 15906.
PART 1007--RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS
3. The authority citation for part 1007 is revised to read as
follows:
Authority: 5 U.S.C. 552, 49 U.S.C. 721.
PART 1012--MEETINGS OF THE BOARD.
4. The authority citation for part 1012 is revised to read as
follows:
Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, 721.
PART 1013--GUIDELINES FOR THE PROPER USE OF VOTING TRUSTS
5. The authority citation for part 1013 is revised to read as
follows:
Authority: 49 U.S.C. 721, 13301(f).
PART 1016--SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY
PARTIES TO BOARD ADJUDICATORY PROCEEDINGS
6. The authority citation for part 1016 is revised to read as
follows:
Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. 721.
PART 1018--DEBT COLLECTION
7. The authority citation for part 1018 is revised to read as
follows:
Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 et seq., 49 U.S.C.
721, 4 CFR parts 101-105.
PART 1019--REGULATIONS GOVERNING CONDUCT OF SURFACE TRANSPORTATION
BOARD EMPLOYEES
8. The authority citation for part 1019 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1021--ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS
9. The authority citation for part 1021 is revised to read as
follows:
Authority: 31 U.S.C. 3701, 3711, 3717, 3718.
PART 1033--CAR SERVICE
10. The authority citation for part 1033 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11121, 11122.
PART 1034--ROUTING OF TRAFFIC
11. Remove the authority at the end of section 1034.1 and add the
following authority citation for part 1034 after the Editorial Note:
Authority: 49 U.S.C. 721, 11123.
PART 1035--BILLS OF LADING
12. The authority citation for part 1035 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11706, 14706.
PART 1037--BULK GRAIN AND GRAIN PRODUCTS--LOSS AND DAMAGE CLAIMS
13. The authority citation for part 1037 is revised to read as
follows:
Authority: 49 U.S.C. 721.
14. The heading for part 1037 is revised to read as set forth
above.
PART 1090--PRACTICES OF CARRIERS INVOLVED IN THE INTERMODAL
MOVEMENT OF CONTAINERIZED FREIGHT
15. The authority citation for part 1090 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1100--GENERAL PROVISIONS
16. The authority citation for part 1100 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1101--DEFINITIONS AND CONSTRUCTION
17. The authority citation for part 1101 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1102--COMMUNICATIONS
18. The authority citation for part 1102 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1103--PRACTITIONERS
19. The authority citation for part 1103 is revised to read as
follows:
Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), 721.
PART 1109--USE OF ALTERNATIVE DISPUTE RESOLUTION IN BOARD
PROCEEDINGS AND THOSE IN WHICH THE BOARD IS A PARTY
20. The authority citation for part 1109 is revised to read as
follows:
Authority: 5 U.S.C. 571 et seq.
PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS
21. The authority citation for part 1100 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1116--ORAL ARGUMENT BEFORE THE BOARD
22. The authority citation for part 1116 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1117--PETITIONS (FOR RELIEF) NOT OTHERWISE COVERED
23. The authority citation for part 1117 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1119--COMPLIANCE WITH BOARD DECISIONS
24. The authority citation for part 1119 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1120--USE OF 1977-1978 STUDY OF MOTOR CARRIER PLATFORM
HANDLING FACTORS
25. The authority citation for part 1120 is revised to read as
follows:
Authority: 49 U.S.C. 721, 13701, 13703.
PART 1133--RECOVERY OF DAMAGES
26. The authority citation for part 1133 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1137--PROCEDURES RELATING TO RAILROAD REVITALIZATION AND
REGULATORY REFORM ACT OF 1976
27. The authority citation for part 1137 is revised to read as
follows:
Authority: 49 U.S.C. 721, 10705.
PART 1139--PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS
28. The authority citation for part 1139 is revised to read as
follows:
Authority: 49 U.S.C. 721, 13703.
[[Page 50525]]
PART 1141--PROCEDURES TO CALCULATE INTEREST RATES
29. The authority citation for part 1141 is revised to read as
follows:
Authority: 49 U.S.C. 721.
PART 1144--INTRAMODAL RAIL COMPETITION
30. The authority citation for part 1144 is revised to read as
follows:
Authority: 49 U.S.C. 721, 10703, 10705, and 11102.
PART 1151--FEEDER LINE DEVELOPMENT PROGRAM
31. The authority citation for part 1151 is revised to read as
follows:
Authority: 49 U.S.C. 10907.
PART 1177--RECORDATION OF DOCUMENTS
32. The authority citation for part 1177 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11301.
PART 1184--MOTOR CARRIER POOLING OPERATIONS
33. The authority citation for part 1184 is revised to read as
follows:
Authority: 49 U.S.C. 721, 14302.
PART 1200--GENERAL ACCOUNTING REGULATIONS UNDER THE INTERSTATE
COMMERCE ACT
34. The authority citation for part 1200 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11142, 11143, 11144, 11145.
PART 1220--PRESERVATION OF RECORDS
35. The authority citation for part 1220 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11144, 11145.
36. In section 1220.0, remove ``Motor carriers and brokers,''
``Water carriers,'' and ``Household goods freight forwarders.''
PART 1242--SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT
SERVICE AND PASSENGER SERVICE FOR RAILROADS
37. The citation for part 1242 is revised to read as follows:
Authority: 49 U.S.C. 721, 11142.
PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS
38. The authority citation for part 1243 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11145.
PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS
39. The authority citation for part 1244 is revised to read as
follows:
Authority: 49 U.S.C. 721, 10707, 11144, 11145.
PART 1245--CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE
AND COMPENSATION
40. The authority citation for part 1245 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11145.
PART 1246--NUMBER OF RAILROAD EMPLOYEES
41. The authority citation for part 1246 is revised to read as
follows:
Authority: 49 U.S.C. 721, 11145.
PART 1248--FREIGHT COMMODITY STATISTICS
42. The authority citation for part 1248, subpart A is revised to
read as follows:
Authority: 49 U.S.C. 721, 11144, 11145.
43. The authority citation for part 1248, subpart B is revised to
read as follows:
Authority: 49 U.S.C. 721, 11144, 11145.
PART 1253--RATE-MAKING ORGANIZATION; RECORDS AND REPORTS
44. The authority citation for part 1253 is revised to read as
follows:
Authority: 49 U.S.C. 721, 10706, 13703, 11144, and 11145.
PART 1302--EXPORT AND IMPORT SHIPMENTS; RAILROADS
45. The authority citation for part 1302 is revised to read as
follows:
Authority: 49 U.S.C. 884.
PART 1331--APPLICATIONS UNDER 49 U.S.C. 10706 AND 13703
46. The authority citation for part 1331 is revised to read as
follows:
Authority: 49 U.S.C. 721, 10706, 13703.
47. The heading for part 1331 is revised to read as set forth
above.
[FR Doc. 97-25640 Filed 9-25-97; 8:45 am]
BILLING CODE 4915-00-P
