[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Rules and Regulations]
[Pages 16065-16066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8850]


[[Page 16066]]


Surface Transportation Board

49 CFR Part 1154

[STB Ex Parte No. 540]

Removal of Obsolete Regulations for Determination of Avoidable 
Losses Under the Rail Passenger Service Act of 1970

AGENCY: Surface Transportation Board.

ACTION: Final rule.


SUMMARY: The Surface Transportation Board is removing from the Code of 
Federal Regulations obsolete regulations used to determine passenger 
train avoidable losses.

EFFECTIVE DATE: April 11, 1996.

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

SUPPLEMENTARY INFORMATION: The Rail Passenger Service Act, 45 U.S.C. 
501 et seq., established the National Railroad Passenger Corporation 
(Amtrak) as the principal operator of intercity rail passenger service. 
It permitted railroads then performing passenger service to relieve 
themselves of their common carrier obligation by paying certain sums to 
Amtrak. 45 U.S.C. 561(a). As compensation for being relieved of this 
responsibility, the rail carrier was to pay Amtrak an amount computed 
under one of three options pursuant to section 561(a)(2) and (3). Two 
of these three methods used an amount called ``avoidable loss.'' In 
Losses Under the Rail Pass. Serv. Act of 1970, 343 I.C.C. 379 (1973), 
the Interstate Commerce Commission (the predecessor of the Surface 
Transportation Board) issued regulations for developing avoidable 
losses, which are now found in Part 1154.
    Section 561(a) was repealed by Pub. L. No. 103-272, section 7(b), 
July 5, 1994, 108 Stat. 745, 1379.\1\ Because the statutory basis for 
49 CFR Part 1154 has been repealed, we are removing these regulations 
from the Code of Federal Regulations effective immediately.

    \1\ See H.R. Rep. No. 180, 103rd Cong., 1st Sess. 585, reprinted 
in 1994 U.S. Code Cong. & Ad. News 818, 1402. We note that former 45 
U.S.C. 561(b) and (c) are now incorporated in 49 U.S.C. 24701.

    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 1154

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.

    Decided: April 2, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,


    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 1154.

[FR Doc. 96-8850 Filed 4-10-96; 8:45 am]