[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Pages 14849-14850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8012]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Ex Parte No. 388]


State Intrastate Rail Rate Authority Public Law 96-448

AGENCY: Surface Transportation Board.

ACTION: Notice that regulatory jurisdiction formerly exercised by 
certain States over intrastate rail transportation ceased to be 
effective as of January 1, 1996.

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SUMMARY: The Board is giving notice that the authority of certain 
States to regulate intrastate rail matters was terminated by the ICC 
Termination Act of 1995, effective January 1, 1996.

EFFECTIVE DATE: January 1, 1996.

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

SUPPLEMENTARY INFORMATION: Prior to January 1, 1996, old 49 U.S.C. 
11501(b)(1) provided that States could exercise jurisdiction over 
intrastate transportation by a rail carrier furnishing transportation 
subject to the jurisdiction of the Interstate Commerce Commission (ICC) 
under old 49 U.S.C. 10501, but only if the appropriate State authority 
exercised jurisdiction exclusively in accordance with the provisions of 
old 49 U.S.C. 10101-11917. To exercise jurisdiction over intrastate 
rates, a State had to be certified under old 49 U.S.C. 11501(b)(2)-(5). 
Under the certification regime, States that desired to regulate 
intrastate rail matters were required to adopt standards and procedures 
in accordance with those used by the ICC to regulate interstate rail 
matters. The ICC, if it determined that a State's standards and 
procedures were in accordance with federal law, was required to certify 
the State authority. Certification continued for a 5-year period 
commencing on the date of certification; and if, prior to the end of 
the 5-year period, the State resubmitted its standards and procedures, 
its regulatory authority could be recertified.
    As of December 31, 1995, the following States were certified 
(technically, ``recertified'') to exercise jurisdiction over intrastate 
rail rates, classifications, rules, and practices: Alabama, Arkansas, 
Colorado, Georgia, Iowa, Kansas, Kentucky, Maryland, Michigan, 
Minnesota, Mississippi, Montana, New Mexico, New York, North Dakota, 
Oklahoma, Oregon, South Carolina, Virginia, West Virginia, and 
Wisconsin. See 60 FR 42181 (8/15/95) (Alabama); 60 FR 16664 (3/31/95) 
(Arkansas); 56 FR 28924 (6/25/91) (Colorado); 60 FR 42181 (8/15/95) 
(Georgia); 55 FR 51511 (12/14/90) (Iowa); 60 FR 42181 (8/15/95) 
(Kansas); 56 FR 9738 (3/7/91) (Kentucky); 55 FR 50783 (12/10/90) 
(Maryland); 55 FR 51356 (12/13/90) (Michigan); 56 FR 9977 (3/8/91) 
(Minnesota); 60 FR 12784 (3/8/95) (Mississippi); 60 FR 49631 (9/26/95) 
(Montana); 58 FR 17626 (4/5/93) (New Mexico); 55 FR 48931 (11/23/90) 
(New York); 1 56 FR 446 (1/4/91) (North Dakota); 60 FR 46134 (9/5/
95) (Oklahoma); 2 57 FR 11970 (4/8/92) (Oregon); 60 FR 56066 (11/
6/95) (South Carolina); 59 FR 60164 (11/22/94) (Virginia); 60 FR 62476 
(12/6/95) (West Virginia); and 60 FR 49286 (9/22/95) (Wisconsin).

    \1\  On 12/13/95, the State of New York filed a recertification 
application, which automatically resulted in a provisional 
recertification.
    \2\  On 10/26/95, the State of Oklahoma filed a recertification 
application, which automatically resulted in a provisional 
recertification.
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    The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 
(ICCTA), enacted on December 29, 1995, and effective January 1, 1996, 
abolished the ICC but transferred certain of its rail regulatory 
functions to a newly created 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 (new 
regulatory provisions applicable to rail carriers).
    The new law (the law in effect on and after January 1, 1996) 
differs in several important respects from the old law (the law in 
effect prior to January 1, 1996). For present purposes, it suffices to 
note that the certification regime of old 49 U.S.C. 11501(b)(2)-(5) no 
longer exists, because the underlying State regulatory role no longer 
exists. See new 49 U.S.C. 10501(a)(2)(A) (jurisdiction of the Board 
extends to transportation between a place in a State and a place in the 
same State as part of the interstate rail network), and new 49 U.S.C. 
10501(b) (jurisdiction of the Board is exclusive). It follows that the 
certifications (technically, the ``recertifications'') that were 
effective as of December 31, 1995, ceased to be effective as of January 
1,

[[Page 14850]]
1996. We are therefore discontinuing the proceedings heretofore 
instituted in Ex Parte No. 388 (Sub-Nos. 1, 2, 3, 5, 9, 10, 11, 13, 14, 
15, 16, 18, 22, 23, 24, 26, 27, 29, 33, 35, and 36) (the certification 
sub-dockets for Alabama, Arkansas, Colorado, Georgia, Iowa, Kansas, 
Kentucky, Maryland, Michigan, Minnesota, Mississippi, Montana, New 
Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, 
Virginia, West Virginia, and Wisconsin, respectively).
    A copy of this notice will be served on the Governor of each State, 
the Public Service Commission (or other appropriate regulatory agency) 
in each State, and all other parties of record in Ex Parte No. 388, Ex 
Parte No. 388 A, and Ex Parte No. 388 (Sub-Nos. 1 through 37).
    This action (we are simply stating the effect that ICCTA had on the 
preexisting certification regime) will not significantly affect either 
the quality of the human environment or energy conservation.

    Decided: March 21, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-8012 Filed 4-2-96; 8:45 am]
BILLING CODE 4915-00-P