[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Rules and Regulations]
[Pages 4492-4493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2317]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1166

[STB Ex Parte No. 620]


Removal of Obsolete Regulations Concerning Extension of 
Operations by Water Carriers

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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

SUMMARY: The Surface Transportation Board (Board) is removing from the 
Code of Federal Regulations obsolete regulations concerning the 
extension of operations by water carriers over newly completed sections 
of waterways.

EFFECTIVE DATE: January 30, 1997.


[[Page 4493]]


FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [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 (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law repealed and not substantively reenacted by this Act.''
    As here relevant, under the prior law, water common carriers needed 
a certificate to provide transportation (former section 10922) and 
water contract carriers needed a permit (former section 10923). See 
also former 49 U.S.C. 10921. However, under former 49 U.S.C. 
10922(h)(3)(B), a water common carrier with authority to operate over a 
completed portion of a waterway had a right to extend its 
transportation over newly completed portions as they were opened for 
navigation. The regulations at 49 CFR part 1166 implemented that 
provision by specifying, inter alia, that if service was instituted 
over the newly completed waterway within 120 days after it was opened 
for navigation, the ICC would issue a certificate of public convenience 
and necessity without proof of public convenience and necessity.1
---------------------------------------------------------------------------

    \1\ The ICC, on June 11, 1941, prescribed the form and content 
of applications for extension of service. These regulations were 
first issued at 6 FR 3118 (June 27, 1941) and codified at then 49 
CFR part 305. See John I. Hay Co. Extension-Bayou Sorrel Lock, 285 
I.C.C. 229, 230 (1952).
---------------------------------------------------------------------------

    The ICCTA removed the licensing requirements of former sections 
10921, 10922, and 10923 as they pertain to water carriers.2 
Because the statutory basis (former section 10922) for the regulations 
at 49 CFR part 1166 has been eliminated, we will remove those 
regulations.
---------------------------------------------------------------------------

    \2\ See Champion's Auto Ferry, Inc.--Revocation of Certificate, 
Docket No. WC 1548 (Sub-No. 1C) (STB served Feb. 27, 1996). See also 
Removal of Obsolete Regulations Concerning Water Carriers, STB Ex 
Parte No. 557 (STB served Oct. 17, 1996) (removing obsolete water 
carrier regulations related to miscellaneous statutory exemptions).
---------------------------------------------------------------------------

    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 Part 1166

    Administrative practice and procedure.

    Decided: January 16, 1997.

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

PART 1166--[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 part 1166.

[FR Doc. 97-2317 Filed 1-29-97; 8:45 am]
BILLING CODE 4915-00-P