[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Rules and Regulations]
[Pages 54104-54105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26604]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1070 and 1071

[STB Ex Parte No. 557]


Removal of Obsolete Regulations Concerning Water Carriers

AGENCY: Surface Transportation Board, Transportation.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (Board) is removing from the 
Code of Federal Regulations obsolete regulations exempting certain 
water carrier operations.

EFFECTIVE DATE: October 17, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for 
the hearing impaired: (202) 927-5721.]


[[Page 54105]]


SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC 
Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (ICCTA), 
abolished the Interstate Commerce Commission (ICC) 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law repealed and not substantively reenacted by this Act.''
    Under the prior law, the ICC had general jurisdiction over water 
carrier transportation. Former 49 U.S.C. 10541. The areas the ICC 
specifically regulated included domestic water carrier licensing 
(former section 10922); rates and practices to ensure that they were 
reasonable and nondiscriminatory (former sections 10701 and 10741); 
tariffs (former section 10761); mergers, purchases, and acquisitions 
(former section 11343); and limitations on the common ownership or 
control by railroads of water carriers (former section 11321).
    The prior law also contained statutory exemptions to economic 
regulation of water transportation. These exemptions pertained to bulk 
transportation (former section 10542); incidental water transportation 
(former section 10543); and certain miscellaneous exemptions (former 
section 10544).
    As relevant here, the ICC promulgated regulations at 49 CFR parts 
1070 and 1071 relating to the miscellaneous exemptions provision of 
former 49 U.S.C. 10544. The regulations at 49 CFR part 1070 pertain to 
exempt water carrier transportation under former section 10544(a)(1) 
within New York and Philadelphia.1 The regulations at 49 CFR part 
1071 concern exemptions for water carrier transportation by small 
craft; water carrier transportation of passengers between places in the 
United States through foreign ports; water contract carrier leasing of 
vessels to private water carriers; and water carrier transportation of 
property owned by a person owning substantially all of the voting stock 
of the carrier.2
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    \1\ The section 1070 regulations were issued pursuant to section 
303(g)(1) of the Interstate Commerce Act (the predecessor of former 
49 U.S.C. 10544(g)(1)) in Determination of the Limits of New York 
Harbor and Harbors Contiguous Thereto, Ex Parte No. 140, 6 FR 1756 
(1941) and Determination of the Limits of Philadelphia Harbor and 
Harbors Contiguous Thereto, Ex Parte No. 145, 6 FR 3597 (1941).
    \2\ These regulations were issued pursuant to the ICC's 
authority in former sections 10544(a)(2), 10544(b), 10544(e), and 
10544(f)(1), respectively, in Exemption of Water Carrier Operations, 
4 I.C.C. 2d. 699 (1988).
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    Under the ICCTA, residual jurisdiction is maintained over domestic 
water carriage ``to ensure that this transportation would not be 
subjected to similar regulation under other laws.'' S. Rep. No. 196, 
104th Cong., 1st Sess. 42 (1995). The general jurisdiction statement of 
former section 10541(a), with the exception of an introductory clause 
that had permitted regulation through other laws, is now found in new 
section 13521. Id. There is no longer active regulation of domestic 
water carriage except for rate reasonableness regulation in the 
noncontiguous domestic trade (section 13701) and tariff filing in the 
noncontiguous domestic trade (section 13702) with certain 
exceptions.3 Thus, the ICCTA eliminated both the broader 
regulatory provisions of former sections 10922, 10701, 10761, 10741, 
11343, and 11321 and the general exemptions from those provisions at 
former sections 10542-44.
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    \3\ The exceptions are for bulk cargo, forest products, recycled 
metal scrap, waste paper, and paper waste. Section 13702(a)(1).
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    Because the statutory basis (former section 10544) for the 
regulations at 49 CFR parts 1070 and 1071 has been eliminated, we will 
remove those regulations. We emphasize, however, that the removal of 
these exemptions does not signify a more active regulatory role 
regarding water carriage. As noted, there is no longer active 
regulation of domestic water carrier transportation (except for rate 
reasonableness and tariff regulation in the noncontiguous domestic 
trade).
    Because this action merely reflects, and is required by, the 
enactment of the ICCTA and will not have an adverse effect on the 
interests of any person, this action will be made effective on the date 
of publication in the Federal Register.
    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 Parts 1070 and 1071

    Water carriers.

    Decided: October 7, 1996.

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

PARTS 1070-1071--[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 parts 1070 and 1071.

[FR Doc. 96-26604 Filed 10-16-96; 8:45 am]
BILLING CODE 4915-00-P