[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50522-50525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25640]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[STB Ex Parte No. 571]


Revision of Authority Citations

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board amends its regulations by 
updating its authority citations.

EFFECTIVE DATE: These rules are effective September 26, 1997.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. (TDD for 
the hearing impaired: (202) 565-1695.)

SUPPLEMENTARY INFORMATION: The Surface Transportation Board (Board) is 
revising certain authority citations in the Code of Federal Regulations 
(CFR) to reflect statutory changes made by the ICC Termination Act of 
1995, Pub. L. No. 104-88, 109 Stat. 803 (1995) (ICCTA) and previous 
statutes.1 The ICCTA abolished the Interstate Commerce 
Commission (ICC), established the Board to assume many of the functions 
of the ICC, and made substantial revisions to 49 U.S.C. Subtitle IV. 
The revisions to subtitle IV included both substantive changes and a 
wholesale renumbering of individual sections within subtitle IV. See 
H.R. Rep. No. 104-422, 104th Cong., 1st Sess. 241-47 (1995) (table 
showing disposition of individual statutory provisions). Under section 
204(a) of the ICCTA, the regulations that had been promulgated and 
administered by the ICC, located at 49 CFR chapter X, were transferred 
to the Board (except for parts relating to functions transferred to the 
Secretary of Transportation under the ICCTA, which were transferred to 
the Secretary of Transportation and have since been moved to other 
chapters). 2 In an ongoing effort to update the regulations 
in chapter X, the Board has removed many parts that had been rendered 
obsolete by changes in the governing statute; revised other parts to 
conform to substantive changes in the governing statute; and made 
wholesale changes to the nomenclature of yet other parts to reflect the 
elimination of the ICC and the substitution of the Board. The Board is 
now updating the authority citations, as required by 1 CFR 21.41, for 
most parts within chapter X--those which are not obsolete and have not 
been addressed in other proceedings--to reflect renumbering of the 
underlying provisions in the governing statute.
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    \1\  An authority citation denotes what statutory provision(s) 
authorize the agency to adopt or change the regulation(s) involved.
    \2\  See 61 FR 54706 (October 21, 1996).
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    Under 1 CFR 21.40, the authority citation must include the general 
or specific authority delegated by statute. We are deleting references 
to the Administrative Procedure Act (APA), because the APA does not 
provide an independent basis of authority. 3
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    \3\  Cf. Cousins v. Secretary of Transp., 880 F.2d 603, 605 (1st 
Cir. 1989). We do not believe, however, that it is necessary at this 
time to delete APA references in authority citations that are 
otherwise up-to-date.
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    Some authority citations include only a general or a specific 
authority, but not both. See 49 CFR 1037 and 49 CFR 1302. We believe 
these to be legally sufficient; as noted, under 1 CFR 21.40, a general 
or specific authority is required. Because we are merely updating the 
authority citations to remove obsolete statutory references, we will 
generally not add authorities. 4
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    \4\  In some cases, however, we have added statutory 
authorities. In part 1246 (Number of railroad employees), we are 
including a citation to 49 U.S.C. 11145 that pertains to rail 
carrier reports. In part 1253 (rate-making organization; records and 
reports), we are also adding a reference to 49 U.S.C. 11144, rail 
carrier records. We are also changing the headings in parts 1037 and 
1331, and have modified part 1220 to remove obsolete references.

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[[Page 50523]]

    We are not updating the authorities of certain regulations (parts 
1022, 1030, 1091, 1131, 1143, 1156, and 1170), because these rules 
appear to be obsolete will be addressed in a separate proceeding. Also, 
we are not amending the authority citation for part 1004. The Federal 
Highway Administration has incorporated all of part 1004, except 
section 1004.26, into 49 CFR part 356 (62 FR 32040, June 12, 1997), 
without removing provisions from chapter X. We question whether the 
portions of part 1004 that are not obsolete are still necessary, and we 
will seek comment in a separate proceeding as to whether this rule 
should be maintained. Finally, part 1144 appears to be partially 
obsolete. We will update the authorities for the operative portions of 
that rule, and later undertake a substantive revision of that part.

Small Entities

    The Board certifies that these changes will not have a significant 
economic effect on a substantial number of small entities.

Environment

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects

49 CFR Part 1003

    Administrative practice and procedure.

49 CFR Part 1005

    Claims, Investigations, Motor carriers, Railroad.

49 CFR Part 1007

    Administrative practice and procedure, Privacy.

49 CFR Part 1012

    Sunshine Act.

49 CFR Part 1013

    Common carriers, Reporting and recordkeeping requirements, 
Securities, Trusts and trustees.

49 CFR Part 1016

    Claims, Equal access to justice, Lawyers.

49 CFR Part 1018

    Claims, Debts.

49 CFR Part 1019

    Government employees.

49 CFR Part 1021

    Claims.

49 CFR Part 1033

    Railroads.

49 CFR Part 1034.

    Railroads.

49 CFR Part 1035

    Bills of Lading, Railroads, Water carriers.

49 CFR Part 1037

    Claims, Grains, Railroads.

49 CFR Part 1090

    Intermodal transportation, Motor carriers, Railroads.

49 CFR Part 1100

    Administrative practice and procedure.

49 CFR Part 1101

    Administrative practice and procedure.

49 CFR Part 1102

    Administrative practice and procedure.

49 CFR Part 1103

    Administrative practice and procedure, Lawyers.

49 CFR Part 1109

    Administrative practice and procedure.

49 CFR Part 1110

    Administrative practice and procedure.

49 CFR Part 1116

    Administrative practice and procedure.

49 CFR Part 1117

    Administrative practice and procedure.

49 CFR Part 1119

    Administrative practice and procedure.

49 CFR Part 1120

    Freight, Motor carriers.

49 CFR Part 1133

    Claims, Freight.

49 CFR Part 1137

    Administrative practice and procedure, Railroads.

49 CFR Part 1139

    Administrative practice and procedure, Motor carriers, Reporting 
and recordkeeping requirements.

49 CFR Part 1141

    Administrative practice and procedure.

49 CFR Part 1144

    Railroads.

49 CFR Part 1151

    Administrative practice and procedure, Railroads.

49 CFR Part 1177

    Administrative practice and procedure, Archives and records, 
Railroads.

49 CFR Part 1184

    Administrative practice and procedure, Motor carriers.

49 CFR Part 1200

    Common carriers, Uniform System of Accounts.

49 CFR Part 1220

    Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1242

    Railroads, Taxes.

49 CFR Part 1243

    Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1244

    Freight, Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1245

    Railroad employees, Reporting and recordkeeping requirements, 
Wages.

49 CFR Part 1246

    Railroads, Reporting and recordkeeping requirements.

49 CFR Part 1248

    Freight, Railroads, Reporting and recordkeeping requirements, 
Statistics.

49 CFR Part 1253

    Motor carriers, Railroads, Reporting and recordkeeping 
requirements.

49 CFR Part 1302

    Exports, Freight, Imports, Railroads.

49 CFR Part 1331

    Motor carriers, Moving of household goods, Railroads.

    Decided: September 17, 1997.

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

    For the reasons set forth in the preamble, title 49, chapter X, of 
the Code of Federal Regulations is amended as follows:

[[Page 50524]]

PART 1003--FORMS

    1. The authority citation for part 1003 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 13301(f).

PART 1005--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND 
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING 
SALVAGE

    2. The authority citation for part 1003 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11706, 14706, 15906.

PART 1007--RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS

    3. The authority citation for part 1007 is revised to read as 
follows:

    Authority: 5 U.S.C. 552, 49 U.S.C. 721.

PART 1012--MEETINGS OF THE BOARD.

    4. The authority citation for part 1012 is revised to read as 
follows:

    Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, 721.

PART 1013--GUIDELINES FOR THE PROPER USE OF VOTING TRUSTS

    5. The authority citation for part 1013 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 13301(f).

PART 1016--SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY 
PARTIES TO BOARD ADJUDICATORY PROCEEDINGS

    6. The authority citation for part 1016 is revised to read as 
follows:

    Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. 721.

PART 1018--DEBT COLLECTION

    7. The authority citation for part 1018 is revised to read as 
follows:

    Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 et seq., 49 U.S.C. 
721, 4 CFR parts 101-105.

PART 1019--REGULATIONS GOVERNING CONDUCT OF SURFACE TRANSPORTATION 
BOARD EMPLOYEES

    8. The authority citation for part 1019 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1021--ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS

    9. The authority citation for part 1021 is revised to read as 
follows:

    Authority: 31 U.S.C. 3701, 3711, 3717, 3718.

PART 1033--CAR SERVICE

    10. The authority citation for part 1033 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11121, 11122.

PART 1034--ROUTING OF TRAFFIC

    11. Remove the authority at the end of section 1034.1 and add the 
following authority citation for part 1034 after the Editorial Note:

    Authority: 49 U.S.C. 721, 11123.

PART 1035--BILLS OF LADING

    12. The authority citation for part 1035 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11706, 14706.

PART 1037--BULK GRAIN AND GRAIN PRODUCTS--LOSS AND DAMAGE CLAIMS

    13. The authority citation for part 1037 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

    14. The heading for part 1037 is revised to read as set forth 
above.

PART 1090--PRACTICES OF CARRIERS INVOLVED IN THE INTERMODAL 
MOVEMENT OF CONTAINERIZED FREIGHT

    15. The authority citation for part 1090 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1100--GENERAL PROVISIONS

    16. The authority citation for part 1100 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1101--DEFINITIONS AND CONSTRUCTION

    17. The authority citation for part 1101 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1102--COMMUNICATIONS

    18. The authority citation for part 1102 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1103--PRACTITIONERS

    19. The authority citation for part 1103 is revised to read as 
follows:

    Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), 721.

PART 1109--USE OF ALTERNATIVE DISPUTE RESOLUTION IN BOARD 
PROCEEDINGS AND THOSE IN WHICH THE BOARD IS A PARTY

    20. The authority citation for part 1109 is revised to read as 
follows:

    Authority: 5 U.S.C. 571 et seq.

PART 1110--PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS

    21. The authority citation for part 1100 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1116--ORAL ARGUMENT BEFORE THE BOARD

    22. The authority citation for part 1116 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1117--PETITIONS (FOR RELIEF) NOT OTHERWISE COVERED

    23. The authority citation for part 1117 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1119--COMPLIANCE WITH BOARD DECISIONS

    24. The authority citation for part 1119 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1120--USE OF 1977-1978 STUDY OF MOTOR CARRIER PLATFORM 
HANDLING FACTORS

    25. The authority citation for part 1120 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 13701, 13703.

PART 1133--RECOVERY OF DAMAGES

    26. The authority citation for part 1133 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1137--PROCEDURES RELATING TO RAILROAD REVITALIZATION AND 
REGULATORY REFORM ACT OF 1976

    27. The authority citation for part 1137 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 10705.

PART 1139--PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS

    28. The authority citation for part 1139 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 13703.

[[Page 50525]]

PART 1141--PROCEDURES TO CALCULATE INTEREST RATES

    29. The authority citation for part 1141 is revised to read as 
follows:

    Authority: 49 U.S.C. 721.

PART 1144--INTRAMODAL RAIL COMPETITION

    30. The authority citation for part 1144 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 10703, 10705, and 11102.

PART 1151--FEEDER LINE DEVELOPMENT PROGRAM

    31. The authority citation for part 1151 is revised to read as 
follows:

    Authority: 49 U.S.C. 10907.

PART 1177--RECORDATION OF DOCUMENTS

    32. The authority citation for part 1177 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11301.

PART 1184--MOTOR CARRIER POOLING OPERATIONS

    33. The authority citation for part 1184 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 14302.

PART 1200--GENERAL ACCOUNTING REGULATIONS UNDER THE INTERSTATE 
COMMERCE ACT

    34. The authority citation for part 1200 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11142, 11143, 11144, 11145.

PART 1220--PRESERVATION OF RECORDS

    35. The authority citation for part 1220 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11144, 11145.

    36. In section 1220.0, remove ``Motor carriers and brokers,'' 
``Water carriers,'' and ``Household goods freight forwarders.''

PART 1242--SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT 
SERVICE AND PASSENGER SERVICE FOR RAILROADS

    37. The citation for part 1242 is revised to read as follows:

    Authority: 49 U.S.C. 721, 11142.

PART 1243--QUARTERLY OPERATING REPORTS--RAILROADS

    38. The authority citation for part 1243 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11145.

PART 1244--WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY--
RAILROADS

    39. The authority citation for part 1244 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 10707, 11144, 11145.

PART 1245--CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE 
AND COMPENSATION

    40. The authority citation for part 1245 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11145.

PART 1246--NUMBER OF RAILROAD EMPLOYEES

    41. The authority citation for part 1246 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 11145.

PART 1248--FREIGHT COMMODITY STATISTICS

    42. The authority citation for part 1248, subpart A is revised to 
read as follows:

    Authority: 49 U.S.C. 721, 11144, 11145.

    43. The authority citation for part 1248, subpart B is revised to 
read as follows:

    Authority: 49 U.S.C. 721, 11144, 11145.

PART 1253--RATE-MAKING ORGANIZATION; RECORDS AND REPORTS

    44. The authority citation for part 1253 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 10706, 13703, 11144, and 11145.

PART 1302--EXPORT AND IMPORT SHIPMENTS; RAILROADS

    45. The authority citation for part 1302 is revised to read as 
follows:

    Authority: 49 U.S.C. 884.

PART 1331--APPLICATIONS UNDER 49 U.S.C. 10706 AND 13703

    46. The authority citation for part 1331 is revised to read as 
follows:

    Authority: 49 U.S.C. 721, 10706, 13703.

    47. The heading for part 1331 is revised to read as set forth 
above.

[FR Doc. 97-25640 Filed 9-25-97; 8:45 am]
BILLING CODE 4915-00-P