[Federal Register Volume 63, Number 169 (Tuesday, September 1, 1998)]
[Rules and Regulations]
[Pages 46394-46399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23352]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002, 1182, 1187, and 1188

[STB Ex Parte No. 559]


Revisions to Regulations Governing Finance Applications Involving 
Motor Passenger Carriers

AGENCY: Surface Transportation Board.

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board) adopts revised 
procedures governing finance applications involving motor passenger 
carriers filed under 49 U.S.C. 14303. In addition, the regulations in 
parts 1187 and 1188 are removed and replaced by new provisions 
incorporated in part 1182. The rules at part 1002 are modified to 
redescribe fee categories.

DATES: This rule is effective October 1, 1998.

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

SUPPLEMENTARY INFORMATION: By decision served and published in the 
Federal Register on July 8, 1997 (49 FR 36477), the Board issued a 
notice of proposed rulemaking (NPR) proposing to establish revised 
procedures governing finance applications involving motor passenger 
carriers, filed under 49 U.S.C. 14303. The proposed regulations would 
adopt, with modifications, the existing procedures promulgated by the 
Interstate Commerce Commission (ICC) at 49 CFR 1182.1 Also, 
we proposed to remove the regulations at 49 CFR parts 1187 and 1188 and 
to replace them with provisions incorporated in part 1182. Comments 
were received from the American Bus Association, Inc. (ABA),

[[Page 46395]]

Coach USA, Inc. (Coach), and Greyhound Lines, Inc. (Greyhound).
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    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (1995) (ICCTA), which took effect on January 1, 1996, 
abolished the ICC and transferred certain of its motor carrier 
regulatory functions to the Secretary of Transportation (Secretary) 
and to the Board.
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Analysis

Jurisdiction over Affiliates

    The provisions of 49 U.S.C. 14303(g) give the Board jurisdiction 
over finance transactions involving motor carriers of passengers only 
if the carriers' aggregate gross operating revenues exceed $2 million 
during a period of 12 consecutive months ending not more than 6 months 
before the date of the agreement of the parties. Our proposal at 
Sec. 1182.2(a)(5) 2 would have required that, pursuant to 49 
U.S.C. 14303(g), applications include a jurisdictional statement ``that 
the aggregate gross operating revenues, including revenues of all motor 
carrier parties and all of their motor carrier affiliates from all 
transportation sources (whether interstate, intrastate, foreign, 
regulated, or unregulated) exceeded $2 million[.]'' ABA supports the 
proposed revision to the jurisdictional threshold as consistent with 
the statute, which speaks to ``gross operating revenues'' without 
limitations.3 Coach suggests that the adopted rules should 
clarify that the Board also has jurisdiction over transactions between 
a noncarrier applicant that controls carriers with aggregate revenues 
exceeding $2 million and a carrier with revenues below the statutory 
threshold.
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    \2\ (a) The application must contain the following information: 
* * *
    (5) A jurisdictional statement, under 49 U.S.C. 14303(g), that 
the aggregate gross operating revenues, including revenues of all 
motor carrier parties and all of their motor carrier affiliates from 
all transportation sources (whether interstate, intrastate, foreign, 
regulated, or unregulated) exceeded $2 million; (NOTE: The motor 
passenger carrier parties and their motor passenger carrier 
affiliates may select a consecutive 12-month period ending not more 
than 6 months before the date of the parties' agreement covering the 
transaction. They must, however, select the same 12-month period.)
    \3\ Indeed, no comment has challenged our substantive 
interpretation of the meaning of the statute in this regard.
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    We agree with Coach that the proposed rule should be clarified to 
include the revenues of the affiliates of noncarrier applicants. As we 
stated in the NPR at 3, the intent of Congress ``was not to measure the 
strict extent of revenues generated subject to Federal regulatory 
jurisdiction, but rather to gauge the economic power of the parties 
participating in a finance transaction. * * *'' Accordingly, we will 
modify the proposed rule to state that the jurisdictional threshold is 
based on the ``revenues of all motor carrier parties and all motor 
carriers controlling, controlled by, or under common control with any 
party. * * *'' We will also modify the proposed rule by repeating the 
statutory one-year time frame in referring to aggregate gross operating 
revenues.

Safety Ratings

    The rule we proposed at Sec. 1182.2(a)(8) \4\ would require that 
applicants certify their safety fitness ratings issued by the U.S. 
Department of Transportation's Federal Highway Administration (FHWA). 
Coach suggests that the requirement for certification of safety ratings 
should be revised to clarify that each carrier party may certify as to 
its own safety rating or attach a copy of any safety rating letter it 
may have received from FHWA, so as not to require each carrier to 
obtain an official certification before filing its application. We 
agree with Coach's request and will modify the regulation to indicate 
that the certification can be made by the applicant.
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    \4\ (a) The application must contain the following information: 
* * *
    (8) Certification of the U.S. Department of Transportation 
safety fitness rating of each motor passenger carrier involved in 
the transaction, whether that carrier is a party to the transaction 
or is affiliated with a party to the transaction.
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    Under current safety inspection protocols, some carriers do not 
have a safety rating, either because they are exempt from the safety 
inspection program or because an inspection has not yet been conducted. 
In these cases, the appropriate certification would be that the carrier 
is ``unrated'' for whatever particular reason is applicable.\5\ 
Moreover, as the final regulations will make clear, we are interested 
only in current safety ratings.
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    \5\ There may be carriers that had either conditional or 
unsatisfactory ratings at the time when the safety inspection 
process was changed, and were unable to obtain reinspection so as to 
expunge the less-than-satisfactory ratings from their records. In 
cases of this nature, carriers should attach an explanation of the 
circumstances of the rating.
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    Coach also suggests that (a) the Board should state its policy with 
respect to transactions involving carriers that have unsatisfactory 
ratings and (b) that safety certifications should be required only of 
actual parties to transactions, not of affiliates. We understand 
Coach's point, but will not adopt the precise approach it suggests. 
First, we will consider the effect of unsatisfactory ratings on a case-
by-case basis. As a general matter, we would be concerned if an 
acquiring carrier has an unsatisfactory safety rating. On the other 
hand, as Coach points out, acquisition of a carrier with an 
unsatisfactory rating by a carrier with a superior operating and safety 
record could be a positive development. Secondly, as to carriers 
affiliated with an acquiring carrier or controlled by an acquiring 
noncarrier, we believe it is relevant to know whether an acquiring 
applicant's affiliate has a less-than-satisfactory rating, even if an 
acquiring carrier's own safety rating is satisfactory. In sum, it 
appears prudent to have all relevant information on the record, with 
the weight to be given to that information determined in each 
particular case.

Copies of Applications To Be Filed With State Agencies

    Our proposed rule at Sec. 1182.3(a)(1) would require one copy of 
each application to be delivered to the appropriate regulatory body in 
each State in which any of the parties to the transaction operates in 
intrastate commerce. Greyhound argues that the proposed requirement is 
burdensome. Greyhound points out that it is authorized to engage in 
intrastate operations over all routes on which it provides interstate 
transportation, and it operates in nearly every one of the continental 
48 States. Greyhound submits that a given application, however, is 
ordinarily only of interest to affected States. Greyhound suggests 
revising the provision to provide for delivery of copies of an 
application only to those States in which the motor carrier proposed to 
be merged or acquired operates in intrastate commerce. ABA supports 
Greyhound's comments in this regard.
    We will revise the proposed regulation accordingly. The purpose of 
the proposed requirement is to provide adequate and appropriate notice 
to those States directly affected by the proposed transaction. This 
would include any State in which the operator of intrastate bus 
services (pursuant either to State or to federal operating authority) 
will change or where that operator will come under control of (or under 
common control with) another carrier. States unaffected by the proposed 
transaction do not realistically need direct notice of the filing of 
the application.

Time Frame for Final Decisions

    Our proposed rule in Sec. 1182.6 describes the manner in which 
opposed applications would be processed. Comments would be due 45 days 
after notice of the application is published and replies would be due 
60 days after the notice. The reply could include a request for 
expedited action, and commenters could reply to such a request within 
70 days of the publication of the notice. The proposed rules do not 
contain a deadline for deciding the case, nor do they mention

[[Page 46396]]

the statutory requirement in section 14303(e) that the Board is to 
complete evidentiary proceedings within 240 days after the notice and 
to issue a final decision within 180 days after the close of the 
record.
    Coach suggests that, in order to provide a greater degree of 
certainty, the Board should provide that it will normally process 
applications within a fixed time frame not to exceed 100 days from the 
date that a notice of the application is published, absent unusual 
circumstances that might require more extended evidentiary proceedings. 
We do not believe it is prudent or necessary to establish such a rule. 
Our experience has been that opposition to these applications is 
unusual, but it is difficult to predict whether some future case will 
be opposed or what the nature of any opposition might be. In any event, 
our goal is to process opposed applications quickly, and our rules are 
consistent with what Coach seeks. After the record closes (60 or 70 
days after the notice), the Board will determine whether to decide a 
particular case on the existing record (which we hope to do within 100 
days) or to establish a procedural schedule for the submission of 
further evidence (which will be done only in unusual cases).
    Coach also suggests that the Board consider a class exemption that 
would allow control proceedings to be finalized following a notice 
filed with the Board, subject to petitions for revocation of the 
exemption. We do not believe the record warrants granting that request 
at this time. To the extent that there are time constraints on the 
closing of a transaction, the use of voting trust procedures (as 
discussed below) or interim approval would be the appropriate solution.

Voting Trusts

    Our proposed rules in Sec. 1182.7 cover interim approval of motor 
passenger carrier finance applications. Greyhound seeks confirmation 
that the provisions for interim operations are not intended to 
foreclose the use of the voting trust procedures of 49 CFR part 1013, 
which permit parties to proceed on a proposed merger or acquisition 
pending Board approval.
    While the voting trust provisions are available for use by parties 
to motor passenger finance transactions, as well as rail finance 
matters, we do not see the need to reference them specifically in 
connection with these rules.

Compliance With State Transfer Regulations

    Our proposed rules in Sec. 1182.8(f) \6\ would require applicants 
to comply with State procedures if completion of a transaction requires 
the transfer of operating authorities issued by a State regulatory 
body. Coach argues that this provision is directly contrary to the 
preemption provisions of 49 U.S.C. 14303(f).
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    \6\ (f) If completion of a transaction requires the transfer of 
operating authorities or registrations from one or more parties to 
others, the parties shall comply with relevant procedures of State 
authorities and of the Office of Motor Carriers of the U.S. 
Department of Transportation, to accomplish such transfers.
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    Under 49 U.S.C. 14303(f),\7\ motor carriers of passengers subject 
to our jurisdiction are subject to our exclusive and plenary 
jurisdiction in carrying out a consolidation, merger, or acquisition of 
control. Accordingly, a State may not take any action that would in any 
way interfere with the applicants' consummation of a section 14303 
transaction. See Colorado Mountain Express, Inc., and Airport Shuttle 
Colorado, Inc., d/b/a Aspen Limousine Service, Inc.--Consolidation and 
Merger--Colorado Mountain Express, STB Docket No. MC-F-20902 (STB 
served Feb. 28, 1997) at 3-4.
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    \7\ The full text of section 14303(f) provides:
    A carrier or corporation participating in or resulting from a 
transaction approved by the Board under this section, or exempted by 
the Board from the application of this section pursuant to section 
13541, may carry out the transaction, own and operate property, and 
exercise control or franchises acquired through the transaction 
without the approval of a State authority. A carrier, corporation, 
or person participating in the approved or exempted transaction is 
exempt from the antitrust laws and from all other law, including 
State and municipal law, as necessary to let that person carry out 
the transaction, hold, maintain, and operate property, and exercise 
control or franchises acquired through the transaction.
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    Nevertheless, to accomplish the necessary transfer of operating 
rights, ministerial actions by the State may be necessary to amend 
State records so as to give full effect to transactions we approve.\8\ 
That action is all that was contemplated by the proposed rule. To 
clarify the matter, we will modify the rule by stating that parties are 
to ``comply with ministerial requirements of relevant State 
procedures.''
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    \8\ Cf. Leaseway Transp. Corp v. Bushnell, 888 F.2d 1212, 1215 
(7th Cir. 1989), where the court discussed 49 U.S.C. 11341(a) (the 
predecessor of section 14303(f)), and stated that a State:
    may not act as a ``gate-keeper'' handing down prior approval of 
Leaseway's acquisition, but it may certainly impose filing or notice 
requirements and taxes (as long as these do not interfere with 
Leaseway's ability to carry out the acquisition or exercise control 
as provided in section 11341(a)).
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Filing Fees and Removed Regulations

    The proposed rules included a redescription and clarification of 
the categories in which the filing fees applicable to these matters are 
specified. No change was proposed in the level of the filing fees. In 
the interim, however, the Board's filing fees have been revised, 
pursuant to Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--1998 Update, STB Ex 
Parte No. 542 (Sub-No. 2) (STB served Feb. 18, 1988). The filing fee 
for an application in a motor passenger finance case was increased from 
$1,100 to $1,300, and the filing fee for a request for interim approval 
(temporary authority) was increased from $250 to $300. The final rules 
we are adopting include the redescriptions of the fee categories, as 
proposed, and reflect the current fee schedule.
    Finally, as proposed, we are removing the regulations in part 1187 
(concerning temporary authority) and part 1188 (pertaining to gross 
operating revenues) and replacing them with provisions incorporated in 
part 1182.
    The Board certifies that these rules will not have a significant 
economic effect on a substantial number of small entities. We received 
no comments in response to the notice of proposed rulemaking concerning 
effects on small entities. These rules establish simple processing 
procedures and impose no new reporting requirements on small entities.
    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 1002

    Administrative practice and procedure, Common Carriers, Freedom of 
information, User fees.

49 CFR Part 1182

    Administrative practice and procedure, Motor carriers.

49 CFR Part 1187

    Administrative practice and procedure, Motor Carriers.

49 CFR Part 1188

    Administrative practice and procedure, Motor carriers.

    Decided: August 24, 1998.

    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, 
parts 1002,

[[Page 46397]]

1182, 1187, and 1188 of the Code of Federal Regulations are amended as 
follows:

PART 1002--FEES

    1. The authority citation for part 1002 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a)(4)(A) and 553; 31 U.S.C. 9701; and 49 
U.S.C. 721(a).

    2. Section 1002.2 is amended by revising paragraphs (f)(2) and 
(f)(5) to read as follows:


Sec. 1002.2  Filing fees.

* * * * *
    (f) * * *

------------------------------------------------------------------------
                       Type of proceeding                          Fee  
------------------------------------------------------------------------
(2) An application to consolidate, merge, purchase, lease, or           
 contract to operate the properties or franchises of motor              
 carriers of passengers or to acquire control of motor carriers         
 of passengers, under 49 U.S.C. 14303..........................    1,300
                                                                        
                  *        *        *        *        *                 
(5) A request for interim approval in connection with a finance         
 application involving a motor carrier of passengers, under 49          
 U.S.C. 14303(i)...............................................      300
                                                                        
                  *        *        *        *        *                 
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    3. Part 1182 is revised to read as follows:

PART 1182--PURCHASE, MERGER, AND CONTROL OF MOTOR PASSENGER 
CARRIERS

Sec.
1182.1  Applications covered by this part.
1182.2  Content of applications.
1182.3  Filing the application.
1182.4  Board review of the application.
1182.5  Comments.
1182.6  Processing an opposed application.
1182.7  Interim approval.
1182.8  Miscellaneous requirements.

    Authority: 5 U.S.C. 559; 21 U.S.C. 853a; and 49 U.S.C. 13501, 
13902(c), and 14303.


Sec. 1182.1  Applications covered by this part.

    The rules in this part govern applications for authority under 49 
U.S.C. 14303 to consolidate, merge, purchase, lease, or contract to 
operate the properties or franchises of motor carriers of passengers or 
to acquire control of motor carriers of passengers. There is no 
application form for these proceedings. Applicants shall file a 
pleading containing the information described in 49 CFR 1182.2. See 49 
CFR 1002.2(f) (2) and (5) for filing fees.


Sec. 1182.2  Content of applications.

    (a) The application must contain the following information:
    (1) Full name, address, and authorized signature of each of the 
parties to the transaction;
    (2) Copies or descriptions of the pertinent operating authorities 
of all of the parties (Note: If an applicant is domiciled in Mexico or 
owned or controlled by persons of that country, copies of the actual 
operating authorities must be submitted.);
    (3) A description of the proposed transaction;
    (4) Identification of any motor passenger carriers affiliated with 
the parties, a brief description of their operations, and a summary of 
the intercorporate structure of the corporate family from top to 
bottom;
    (5) A jurisdictional statement, under 49 U.S.C. 14303(g), that the 
12-month aggregate gross operating revenues, including revenues of all 
motor carrier parties and all motor carriers controlling, controlled 
by, or under common control with any party from all transportation 
sources (whether interstate, intrastate, foreign, regulated, or 
unregulated) exceeded $2 million. (Note: The motor passenger carrier 
parties and their motor passenger carrier affiliates may select a 
consecutive 12-month period ending not more than 6 months before the 
date of the parties' agreement covering the transaction. They must, 
however, select the same 12-month period.)
    (6) A statement indicating whether the transaction will or will not 
significantly affect the quality of the human environment and the 
conservation of energy resources;
    (7) Information to demonstrate that the proposed transaction is 
consistent with the public interest, including particularly: the effect 
of the proposed transaction on the adequacy of transportation to the 
public; the total fixed charges (e.g., interest) that result from the 
proposed transaction; and the interest of carrier employees affected by 
the proposed transaction. See 49 U.S.C. 14303(b);
    (8) Certification by applicant of the current U.S. Department of 
Transportation safety fitness rating of each motor passenger carrier 
involved in the transaction, whether that carrier is a party to the 
transaction or is affiliated with a party to the transaction;
    (9) Certification by the party acquiring any operating rights 
through the transaction that it has sufficient insurance coverage under 
49 U.S.C. 13906 (a) and (d) for the service it intends to provide;
    (10) A statement indicating whether any party acquiring any 
operating rights through the transaction is either domiciled in Mexico 
or owned or controlled by persons of that country; and
    (11) If the transaction involves the transfer of operating 
authority to an individual who will hold the authority in his or her 
name, that individual must complete the following certification:

    I, __________, certify under penalty of perjury under the laws 
of the United States, that I have not been convicted, after 
September 1, 1989, of any Federal or State offense involving the 
distribution or possession of a controlled substance, or that I have 
been so convicted, but I am not ineligible to receive Federal 
benefits, either by court order or operation of law, pursuant to 21 
U.S.C. 853a.

    (b) The application shall contain applicants' entire case in 
support of the proposed transaction, unless the Board finds, on its own 
motion or that of a party to the proceeding, that additional 
evidentiary submissions are required to resolve the issues in a 
particular case.
    (c) Any statements submitted on behalf of an applicant supporting 
the application shall be verified, as provided in 49 CFR 1182.8(e). 
Pleadings consisting strictly of legal argument, however, need not be 
verified.
    (d) If an application or supplemental pleading contains false or 
misleading information, the granted application is void ab initio.


Sec. 1182.3  Filing the application.

    (a) Each application shall be filed with the Board, complying with 
the requirements set forth at 49 CFR 1182.8.
    (1) One copy of the application shall be delivered, by first-class 
mail, to the appropriate regulatory body in each State in which 
intrastate operations are affected by the transaction.
    (2) If the application involves the merger or purchase of motor 
passenger carriers (contemplating transfer of operating authorities or 
registrations from one or more parties to others), one copy of the 
application shall be delivered, by first-class mail, to:

Chief, Lic. & Ins. Div., U.S.D.O.T. Office of Motor Carriers-HIA 30, 
400 Virginia Ave., S.W., Ste. 600, Washington, DC 20004

    (b) In their application, the parties shall certify that they have 
delivered copies of the application as provided in paragraph (a) of 
this section.


Sec. 1182.4  Board review of the application.

    (a) All applications will be reviewed for completeness. Applicants 
will be given an opportunity to correct minor errors or omissions. 
Incomplete applications may be rejected, or, if omissions are 
corrected, the filing date of the application, for purposes of 
calculating the procedural schedule and statutory deadlines, will be 
deemed to

[[Page 46398]]

be the date on which the complete information is filed with the Board.
    (b) If the application is accepted, a summary of the application 
will be published in the Federal Register (within 30 days, as provided 
by 49 U.S.C. 14303(c)), to give notice to the public, in the form of a 
tentative grant of authority.
    (c) If the published notice does not properly describe the 
transaction for which approval is sought, applicants shall inform the 
Board within 10 days after the publication date.
    (d) A copy of the application will be available for inspection at 
the Board's offices in Washington, DC. Interested persons may obtain a 
copy of the application from the applicants' representative, as 
specified in the published notice.


Sec. 1182.5  Comments.

    (a) Comments concerning an application must be received by the 
Board within 45 days after notice of the application is published, as 
provided by 49 U.S.C. 14303(d). Failure to file a timely comment waives 
further participation in the proceeding. If no comments are filed 
opposing the application, the published tentative grant of authority 
will automatically become effective at the close of the comment period. 
A tentative grant of authority does not entitle the applicant to 
consummate the transaction before the end of the comment period.
    (b) A comment shall be verified, as provided in 49 CFR 1182.8(e), 
and shall contain all information upon which the commenter intends to 
rely, including the grounds for any opposition to the transaction and 
the commenter's interest in the proceeding.
    (c) The docket number of the application must be conspicuously 
placed at the top of the first page of the comment.
    (d) A copy of the comment shall be delivered concurrently to 
applicants' representative(s).


Sec. 1182.6  Processing an opposed application.

    (a) If timely comments are submitted in opposition to an 
application, the tentative grant of authority is void.
    (b) Applicants may file a reply to opposing comments, within 60 
days after the date the application was published.
    (1) The reply may include a request for an expedited decision on 
the issues raised by the comments. Otherwise, the reply may not contain 
any new evidence, but shall only rebut or further explain matters 
previously raised.
    (2) The reply shall be verified, as provided in 49 CFR 1182.8(e), 
unless it consists strictly of legal argument.
    (3) Applicants' reply must be served on each commenter in such 
manner that it is received no later than the date it is due to be filed 
with the Board.
    (4) Opposing commenters may reply to a request for an expedited 
decision, within 70 days after notice of the application was published.
    (c) The Board may:
    (1) Dispense with further proceedings and make a final 
determination based on the record as developed; or
    (2) Issue a procedural schedule specifying the dates by which: 
applicants may submit additional evidence in support of the 
application, in response to the comment(s) in opposition; and the 
opposing commenter(s) may reply.
    (d) Further processing of an opposed application will be handled on 
a case-by-case basis, as appropriate to the particular issues raised in 
the comments filed in opposition to the application. Evidentiary 
proceedings must be concluded within 240 days after publication of the 
notice of the application.


Sec. 1182.7  Interim approval.

    (a) A party may request interim approval of the operation of the 
properties sought to be acquired through the proposed transaction, for 
a period of not more than 180 days pending determination of the 
application. This request may be included in the application or may be 
submitted separately after the application is filed (e.g., once a 
comment opposing the application has been filed). An additional filing 
fee is required, whether the request for interim approval is included 
in the application or is submitted separately at a later time. See 49 
CFR 1002.2(f)(5) for the additional filing fee.
    (b) A request for interim approval of the operation of the 
properties sought to be acquired in the application must show that 
failure to grant interim approval may result in destruction of or 
injury to those properties or substantially interfere with their future 
usefulness in providing adequate and continuous service to the public.
    (c) If a request for interim approval is submitted after the 
application is filed, it must be served on each person who files or has 
filed a comment in response to the published notice of the application. 
Service must be simultaneous upon those commenters who are known when 
the request for interim approval is submitted; otherwise, service must 
be within 5 days after the comment is received by applicants or their 
representative.
    (d) Because the basis for requesting interim approval is to prevent 
destruction of or injury to motor passenger carrier properties sought 
to be acquired under 49 U.S.C. 14303, the processing of such requests 
is intended to promote expeditious decisions regarding interim 
approval. The Board has no obligation to give public notice of requests 
for interim approval, and such requests are decided without hearing or 
other formal proceeding.
    (1) If a request for interim approval is included in the 
application, the Board's decision with regard to interim approval will 
be served in conjunction with the notice accepting the application.
    (2) If an application is rejected, the request for interim approval 
will be denied.
    (3) If an application is denied, after comments in opposition are 
submitted, any interim approval will terminate 30 days after service of 
the decision denying the application.
    (e) A petition to reconsider a grant of interim approval may be 
filed only by a person who has filed a comment in opposition to the 
application.
    (1) A petition to reconsider a grant of interim approval must be in 
writing and shall state the specific grounds upon which the commenter 
relies in opposing interim approval. The petition shall certify that a 
copy has been served on applicants' representative.
    (2) The original and 10 copies of the petition to reconsider a 
grant of interim approval shall be filed with the Board, and one copy 
of the petition shall be served on applicants' representative(s).
    (f) The Board may act on a petition to reconsider a grant of 
interim approval either separately or in connection with the final 
decision on the application.


Sec. 1182.8  Miscellaneous requirements.

    (a) If applicants wish to withdraw an application, they shall 
jointly request dismissal in writing.
    (b) An original and 10 copies of all applications, pleadings, and 
other material filed under this part must be filed with the Board.
    (c) All pleadings (including motions and replies) submitted under 
this part shall be served on all other parties, concurrently and by the 
same (or more expeditious) means with which they are filed with the 
Board.
    (d) Each pleading shall contain a certificate of service stating 
that the pleading has been served in accordance with paragraph (c) of 
this section.
    (e) All applications and pleadings containing statements of fact 
(i.e., except motions to strike, replies thereto,

[[Page 46399]]

and other pleadings that consist only of legal argument) must be 
verified by the person offering the statement, in the following manner:

    I, [Name and Title of Witness], verify under penalty of perjury, 
under the laws of the United States of America, that all information 
supplied in connection with this application is true and correct. 
Further, I certify that I am qualified and authorized to file this 
application or pleading. I know that willful misstatements or 
omissions of material facts constitute Federal criminal violations 
punishable under 18 U.S.C. 1001 by imprisonment up to five years and 
fines up to $10,000 for each offense. Additionally, these 
misstatements are punishable as perjury under 18 U.S.C. 1621, which 
provides for fines up to $2,000 or imprisonment up to five years for 
each offense.

[Signature and Date]

    (f) If completion of a transaction requires the transfer of 
operating authorities or registrations from one or more parties to 
others, the parties shall comply with relevant procedures of the Office 
of Motor Carriers of the U.S. Department of Transportation, and comply 
with ministerial requirements of relevant State procedures.

PARTS 1187 AND 1188--[REMOVED]

    4. Under the authority of 49 U.S.C. 721 and 14303, parts 1187 and 
1188 are removed.

[FR Doc. 98-23352 Filed 8-31-98; 8:45 am]
BILLING CODE 4915-00-P