[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Proposed Rules]
[Page 11375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6662]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1152 and 1201

[Ex Parte No. 274 (Sub-No. 26)]


Abandonment Proceedings: Elimination of the Revenue and Cost Data 
for All Years Prior to the Base Year Period

AGENCY: Surface Transportation Board.

ACTION: Proposed rule; discontinuance of proceeding.

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

SUMMARY: This proceeding is being discontinued, because its subject 
matter is being addressed in another (broader) pending rulemaking 
proceeding.

DATES: This proceeding is discontinued on March 20, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Pub. L. No. 
104-88, 109 Stat. 803 (ICCTA), enacted on December 29, 1995, and 
effective on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) but transferred certain rail regulatory functions 
previously performed by the ICC to the Surface Transportation Board 
(Board). See ICCTA section 101 (abolition of the ICC). See also new 49 
U.S.C. 701(a) (establishment of the Board); and new 49 U.S.C. 10101-
11908 (regulatory provisions applicable to rail carriers).
    For abandonments and discontinuances, the new law (the law in 
effect on and after January 1, 1996) differs in several important 
respects from the old law. Compare new 49 U.S.C. 10903-10905 with old 
49 U.S.C. 10903-10906. To implement the changes in the law and to 
streamline and update the pertinent abandonment and discontinuance 
regulations, we recently issued a notice of proposed rulemaking (NPR), 
proposing a substantial revision of those regulations codified at 49 
CFR part 1152. See Abandonment and Discontinuance of Rail Lines and 
Rail Transportation Under 49 U.S.C. 10903, STB Ex Parte No. 537 (Mar. 
15, 1996). Comments in that proceeding are due 45 days from the date of 
publication in the Federal Register.
    Previously, by NPR published in Ex Parte No. 274 (Sub-No. 26) on 
November 9, 1992 (57 FR 53307), the ICC proposed to modify its part 
1152 regulations by eliminating the requirement that applications for 
abandonment or discontinuance include revenue and cost data for the 2 
calendar years and that part of the current year occurring prior to the 
filing of the application. The ICC also proposed a conforming amendment 
to 49 CFR part 1201. Because the subject matter addressed in the NPR 
issued in the Ex Parte No. 274 (Sub-No. 26) proceeding is being 
addressed in the more comprehensive proceeding instituted by the NPR 
issued in the STB Ex Parte No. 537 proceeding, we are discontinuing the 
proceeding in Ex Parte No. 274 (Sub-No. 26).

Environmental and Energy Considerations

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

Regulatory Flexibility Analysis

    This action will not have a significant economic impact on a 
substantial number of small entities.
    It is ordered:
    This proceeding is discontinued.

    Decided: March 14, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary
[FR Doc. 96-6662 Filed 3-19-96; 8:45 am]
BILLING CODE 4915-00-P