[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Rules and Regulations]
[Pages 8280-8281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3940]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002, 1011, and 1182

[STB Finance Docket No. 33685]


Class Exemption for Motor Passenger Intra-Corporate Family 
Transactions

AGENCY: Surface Transportation Board.

ACTION: Final Rules.

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SUMMARY: The Surface Transportation Board (Board) adopts final rules 
exempting intra-corporate family transactions of motor carriers of 
passengers that do not result in significant operational changes, 
adverse changes in service levels, or a change in the competitive 
balance with carriers outside the corporate family. Exemption of this 
class of transaction meets the exemption criteria of 49 U.S.C. 13541 
because specific approval under 49 U.S.C. 14303 is not necessary. The 
Board is also making changes to its regulations concerning fees and 
delegation of authority.

EFFECTIVE DATE: March 19, 2000.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. 
[Assistance for the hearing impaired is available through TDD/TDY 
services at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To obtain a copy of the full decision, write to, call 
or pick up in person from Da-To-Da Office Solutions, Mercury Building, 
1925 K Street, N.W., Room 210, Washington, DC 20006. Until further 
notice, Da-To-Da Office Solutions' telephone number in the Mercury 
Building will be (202) 289-4357. In addition, Board decisions and 
notices are available on our website at ``WWW.STB.DOT.GOV.''

Regulatory Flexibility Analysis

    The Board concludes that these rules will not have a significant 
economic effect on a substantial number of small entities. The 
procedures established are simple and expeditious and impose no new 
reporting requirements on small entities. The rules protect all parties 
by providing for revoking the exemption for violations of the rules or 
the statute.

Environmental and Energy Considerations

    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 1011

    Administrative practice and procedure, Authority delegations 
(Government agencies), Organization and functions (Government 
agencies).

49 CFR Part 1182

    Administrative practice and procedure, Motor Carriers.

    Decided: February 11, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, Title 49, Parts 1002 and 
1182 of the Code of Federal Regulations are amended to read 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 adding paragraph (f)(6) to read as 
follows:


Sec. 1002.2  Filing fees.

* * * * *
    (f) * * *

[[Page 8281]]



------------------------------------------------------------------------
            Type of Proceeding                           Fee
------------------------------------------------------------------------
 
                  *        *        *        *        *
(6) A notice of exemption for transaction   1,100
 within a motor passenger corporate family
 that does not result in adverse changes
 in service levels, significant
 operational changes, or a change in the
 competitive balance with motor passenger
 carriers outside the corporate family.
 
                  *        *        *        *        *
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PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

    3. The authority citation for Part 1011 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 7901; and 49 U.S.C. 701, 721, 
11144, 14122, and 15721.

    4. In Sec. 1011.8(c)(11), remove ``10505'' and add in its place 
``10502'.
    5. In Sec. 1011.8, redesignate paragraphs (c)(12) to (c)(17) as 
paragraphs (c)(13) to (c)(18), and add a new paragraph (c)(12) to read 
as follows:


Sec. 1011.8  Delegations of authority by the Board to specific offices 
of the Board.

* * * * *
    (c) * * *
    (12) Whether to issue a notice of exemption under 49 U.S.C. 13541 
for a transaction under 49 U.S.C. 14303 within a motor passenger 
corporate family that does not result in adverse changes in service 
levels, significant operational changes, or a change in the competitive 
balance with motor passenger carriers outside the corporate family.
* * * * *

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

    1. The authority citation for part 1182 is revised to read as 
follows:

    Authority: 5 U.S.C. 559; 21 U.S.C. 853a; and 49 U.S.C. 13501, 
13541(a), 13902(c), and 14303.

    2. Add Sec. 1182.9 to read as follows:


Sec. 1182.9  Notices of Exemption.

    (a) A transaction within a motor passenger corporate family is 
exempt from 49 U.S.C. 14303 if it does not result in adverse changes in 
service levels, significant operational changes, or a change in the 
competitive balance with motor passenger carriers outside the corporate 
family. The Board has found that its prior review and approval of these 
transactions is not necessary to carry out the transportation policy of 
49 U.S.C. 13101; regulation is not necessary to protect shippers from 
abuse of market power; and an exemption is in the public interest. See 
49 U.S.C. 13541(a).
    (b) To qualify for a class exemption, a party must file a verified 
notice of the exempt transaction with the Board. The notice shall 
contain a brief summary of the proposed transaction, the name of the 
applicants, their business address and telephone number, and the name 
of counsel to whom questions would be addressed. The notice shall 
describe the purpose of the transaction and give the proposed 
consummation date for the transaction, which must be at least 7 days 
after the filing of the notice. The notice shall describe any contracts 
or agreements that have been entered into, or will be entered into, 
concerning the transaction, and shall indicate the impact, if any, that 
the transaction would have on employees.
    (c) The Board shall publish notice of the exemption in the Federal 
Register within 30 days from the filing of the verified notice of 
exemption. If the notice contains false or misleading information, the 
Board shall summarily revoke the exemption and require divestiture. 
Petitions to revoke the exemption under 49 U.S.C. 13541(d) may be filed 
at any time and will be granted upon a finding that the application of 
49 U.S.C. 14303 to the person, class, or transportation is necessary to 
carry out the transportation policy of 49 U.S.C. 13101.
[FR Doc. 00-3940 Filed 2-17-00; 8:45 am]
BILLING CODE 4915-00-P