[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Rules and Regulations]
[Pages 46919-46920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23460]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1206
[STB Ex Parte No. 569]
Removal of Obsolete Motor Passenger Carrier Accounting
Regulations
AGENCY: Surface Transportation Board, DOT.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) is removing from the
Code of Federal Regulations obsolete rules concerning the Uniform
System of Accounts for motor carriers of passengers.
EFFECTIVE DATE: This rule is effective September 5, 1997.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for
the hearing impaired: (202) 565-1695.]
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 or Commission) 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of law repealed and not substantively reenacted by this Act.''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 in part 1206, establishing a Uniform System of
Accounts (USOA) for motor carriers of passengers, were originally
issued in 1937. In response to the Motor Carrier Act of 1935, the ICC
adopted the regulations pursuant to former section 204 of the
Interstate Commerce Act. 2 FR 2689 (December 8, 1937).1
Section 204 was recodified in 1978 at 49 U.S.C. 11142.2
Motor passenger carriers used the USOA to develop data for annual and
quarterly reports in accordance with 49 CFR part 1249.
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\1\ They were first published at 49 CFR part 181.
\2\ This section provided that the ICC ``may prescribe a uniform
accounting system for classes of carriers providing . . .
transportation subject to the jurisdiction of the Commission under
subchapters II, III, and IV . . . of this title.''
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In Elimination of Acctg. & Reporting Reqts. for Motor Carriers of
Passengers, 3 I.C.C.2d 796 (1987), the ICC adopted new accounting and
reporting rules for motor passenger carriers. The ICC reduced the
quarterly and annual reports prescribed in 49 CFR 1249 to a one-page
format. The ICC also decided that the USOA would no longer be
prescribed as the basis of motor carrier
[[Page 46920]]
accounting. Instead, carriers could follow generally accepted
accounting principles for all reporting and accounting matters.
Nevertheless, the part 1206 USOA regulations were left in place. The
ICC stated that because of ``the value of the USOA as a reference and
its importance to States and others for assuring uniformity of
reporting . . .[,] the USOA will remain in the Code of Federal
Regulations for reference purposes only, but it will not be prescribed
as the basis of the Commission's one-page report form.'' 3 I.C.C.2d at
802 (emphasis supplied).
The ICCTA repealed the uniform accounting provisions of section
11142 for motor carriers.3 Accordingly, we will remove the
part 1206 regulations.4
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\3\ The ICCTA also transferred authority for collecting
financial reports from motor carriers to the Secretary of
Transportation (and not this Board), under new 49 U.S.C. 14123. The
Secretary has assigned this responsibility to the Bureau of
Transportation Statistics. We will address the appropriate
disposition of the companion part 1249 regulations in a separate
proceeding.
\4\ Even without the repeal of the underlying statutory
authority, we would have questioned the need or appropriateness of
continuing to publish ``for reference purposes only'' more than 70
pages of regulations that are no longer in effect.
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The Board certifies that elimination of this rule will not have a
significant economic effect on a substantial number of small entities.
This regulation has been retained in recent years only as a reference
tool.
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 1206
Buses, Motor carriers, Uniform System of Accounts.
Decided: August 25, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
PART 1206--[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 1206.
[FR Doc. 97-23460 Filed 9-4-97; 8:45 am]
BILLING CODE 4915-00-P
