[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Proposed Rules]
[Page 8209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4502]


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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1136

[STB Ex Parte No. 624]


Removal of Obsolete Regulations Concerning Rail Passenger Fare 
Increases

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (Board) proposes to remove 
from the Code of Federal Regulations obsolete regulations concerning 
rail passenger carrier commutation or suburban fare increases.

DATES: Comments are due on March 26, 1997.

ADDRESSES: Submit comments to Surface Transportation Board, Office of 
the Secretary, Case Control Board, Washington, DC 20423.

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law repealed and not substantively reenacted by this Act.''
    The regulations at 49 CFR part 1136 require that a rail passenger 
carrier proposing commutation or suburban fare increases concurrently 
file tariffs and verified statements with the ICC and the Governor and 
appropriate state or county regulatory agency. The carrier is also to 
certify that the notice provisions of 49 CFR 1312.5 have been 
met.1
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    \1\ These regulations describe, inter alia, the placement, form, 
and content of the notice given when a rail passenger carrier seeks 
a fare increase. The Board has proposed that these regulations be 
eliminated. Regulations for the Publication, Posting and Filing of 
Tariffs for the Transportation of Property by or with a Water 
Carrier in the Noncontiguous Domestic Trade, STB Ex Parte No. 618 
(STB served Dec. 20, 1996).
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    The ICC issued these regulations, in Notice of Increases in Frt. 
Rates and Pass. Fares, 349 I.C.C. 741 (1975), to ensure that rail and 
motor carriers would give advance notice of and justification for 
commutation and suburban passenger fare increases. The rules were 
designed to facilitate the filing of potential protests seeking the 
suspension and/or investigation of fare increases. Subsequently, the 
ICC modified these regulations by removing their application to motor 
passenger carriers. Practice and Procedure-Misc. Amendments-Revisions, 
6 I.C.C.2d 587 (1990). The ICC reasoned that it could not investigate, 
suspend, revise or revoke for being unreasonable a rate proposed by a 
motor passenger carrier acting independently and noted, moreover, that 
there had been no complaints or protests under these rules regarding 
ratemaking activity by passenger carriers. See Practice and Procedure-
Miscellaneous Amendments-Revision, Ex Parte No. 55 (Sub-No.73) (ICC 
served Oct. 10, 1989).
    We believe that the remaining regulations in Part 1136 are now also 
obsolete. Under the ICCTA, with certain exceptions not relevant here, 
``the Board does not have jurisdiction * * * over mass transportation 
provided by a local governmental authority.'' 49 U.S.C. 10501(c)(2). 
Even as to rail passenger transportation that might not qualify for 
that exemption, our regulatory authority is quite limited. The tariff 
filing requirements formerly applicable to rail carriers, at former 49 
U.S.C. 10761 and 10762, have been repealed.2 Moreover, although 
the Board has the authority to issue injunctions ``when necessary to 
prevent irreparable harm,'' 3 there is no longer a procedure for 
protesting, investigating, and suspending rates or fares prior to their 
going into effect. Under these circumstances, we do not believe that 
the regulations at 49 CFR 1136 are necessary. We seek comments 
concerning their proposed removal.
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    \2\ New 49 U.S.C. 11101 (b) and (d) require disclosure of rail 
common carrier rates and service terms. New 49 U.S.C. 11101(c) 
further requires rail carriers providing common carriage to give 
advance notice of rate increases to those who have requested such 
notification. See Disclosure, Pub. & Notice of Change of Rates--Rail 
Carriage, 1 S.T.B. 153 (1996) and 49 CFR 1300.
    \3\ See 49 U.S.C. 721(b)(4).
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    The Board preliminarily concludes that the removal of the rule, if 
adopted, would not have a significant effect on a substantial number of 
small entities. The effect, if any, of this rule's removal will be to 
lessen the regulatory filing requirements of rail passenger carriers. 
We believe that the removal of the notice provision is unlikely to 
significantly affect small governmental jurisdictions. The Board, 
however, seeks comments on whether there would be effects on small 
entities that should be considered.
    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 1136

    Administrative practice and procedure, Buses, Railroads.

    Decided: February 10, 1997.

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

PART 1136--[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 proposed to be amended by removing part 1136.

[FR Doc. 97-4502 Filed 2-21-97; 8:45 am]
BILLING CODE 4915-00-P