[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Page 7427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4513]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
49 CFR Parts 1039, 1138, 1140

[STB Ex Parte No. 532]


Removal of Obsolete Regulations for Reasonably Expected Costs and 
Joint Rates Subject to Surcharge or Cancellation

AGENCY: Surface Transportation Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Surface Transportation Board (the Board) is removing 
obsolete reasonably expected costs and joint rate surcharge and 
cancellation regulations from the Code of Federal Regulations.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon (202) 927-5610. [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 (the Act), 
abolished the Interstate Commerce Commission (the Commission) and 
established within the Department of Transportation the Surface 
Transportation Board. Section 204 of the Act provides that ``[t]he 
Board shall promptly rescind all regulations established by the 
[Commission] that are based on provisions of law repealed and not 
substantively reenacted by this Act.'' 49 U.S.C. 10705a, the statutory 
basis for the part 1138 regulations on requesting variable cost and 
revenue determinations from carriers canceling a joint rate 1 and 
the part 1140 regulations for reasonably expected costs,2 has been 
repealed. This section allowed carriers to apply a surcharge increasing 
or reducing a joint rate [Sec. 10705a(a)],3 to apply a surcharge 
on their light density lines [Sec. 10705a(b)], or to cancel a joint 
rate [Sec. 10705a(c)], without the concurrence of other participating 
carriers.4 We are therefore removing the now obsolete parts 1138 
and 1140 regulations, as well as another obsolete regulation pertaining 
to Sec. 10705a found at 49 CFR 1039.18. These changes are not 
necessarily the final revisions in the regulations resulting from the 
elimination of 49 U.S.C. 10705a.5 Parties may submit suggested 
additional changes to the Code of Federal Regulations in light of the 
elimination of Sec. 10705a.

    \1\ Regulations were promulgated in Proc. For Rail Variable Cost 
And Revenue Determination, 3 I.C.C.2d 703 (1987).
    \2\ Regulations were originally promulgated in Reasonably 
Expected Costs, 365 I.C.C. 819 (1981), in the proceeding docketed as 
Ex Parte No. 402. Subsequent revisions to the reasonably expected 
cost regulations were made in the Ex Parte No. 402 decisions at 1 
I.C.C.2d 252 (1984), 1 I.C.C.2d 293 (1984), and 5 I.C.C.2d 819 
(1988).
    \3\ Carriers could also apply negative surcharges under 49 
U.S.C. 10705a(a). In Negative Surcharges Tariff-Exemption, Docket 
No. 39777 (ICC served Aug. 16, 1985), we granted an exemption to 
allow carriers to file rate allowances (``negative surcharges'') 
without obtaining concurrences from other carriers participating in 
the joint rate. The exemption was codified at 49 CFR 1039.18. The 
authority to apply the negative surcharge expired on September 30, 
1984. We are also removing section 1039.18 in this notice.
    \4\ There was also another provision concerning joint rate 
cancellations--former section 10705(e) of title 49. We will consider 
this section in another proceeding.
    \5\ At this time, we are not removing related matters found in 
regulations concerning user fees (Sec. 1002) and tariffs (Sec. 1312) 
because we plan to separately address those parts shortly.
---------------------------------------------------------------------------

    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

49 CFR Part 1039

    Agricultural commodities, Intermodal transportation, Manufactured 
commodities, Railroads.

49 CFR Part 1138

    Administrative practice and procedure, Freight, Railroads.

49 CFR Part 1140

    Abandonments and discontinuances, Environmental protection, 
National resources, National trail system, Public use conditions, 
Railroads, Recreation and recreation areas, Reporting and recordkeeping 
requirements, Uniform System of Accounts.

    Decided: February 15, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, 
Commissioner Owen.
Vernon A. Williams,
Secretary.
    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 as set forth below:

PART 1039--EXEMPTIONS

    1. The authority citation for part 1039 is revised to read as 
follows:

    Authority: 5 U.S.C. 553 and 49 U.S.C. 721 and 10502.


Sec. 1039.18  [Amended]

    2. Section 1039.18 is removed.

PART 1138--[REMOVED]

    3. Part 1138 is removed.

PART 1140--[REMOVED]

    4. Part 1140 is removed.

[FR Doc. 96-4513 Filed 2-27-96; 8:45 am]
BILLING CODE 4915-00-P