[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Proposed Rules]
[Pages 23947-23948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11150]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1137

[STB Ex Parte No. 637 (Sub-No. 1)]


Removal of Divisions of Revenue Regulations

AGENCY: Surface Transportation Board, Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (Board) is proposing to 
remove its regulations concerning divisions of revenue proceedings 
because of changes in the statute and the infrequency of divisions of 
revenue complaints.

DATES: Comments are due June 5, 2003.

FOR FURTHER INFORMATION CONTACT: John Sado, (202) 565-1661. [Federal 
Information Relay Service for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: In Removal and Revision of Regulations, STB 
Ex Parte No. 637, served and published in the Federal Register on 
August 28, 2002 (67 FR 55166), the Board, inter alia, removed 
regulations at 49 CFR 1137.2 concerning expeditious procedures for the 
publication of separate rates for distinct service. In that proceeding, 
the Board indicated that we were not revising our rules at 49 CFR 
1137.1 concerning divisions of revenue, but would ``examine this 
regulation in a separate proceeding.''
    The regulations at 49 CFR 1137.1 concerning divisions of revenue 
between carriers participating in a joint rate were issued in response 
to the enactment of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (4R Act). The 4R Act amended former section 15(6) of the 
Interstate Commerce Act by adding provisions that would expedite the 
handling of divisions of revenue cases. In response, the Interstate 
Commerce Commission (ICC) issued the original divisions of revenue 
rules in Expeditious Handling of Divisions of Revenue Cases, 353 I.C.C. 
349 (1976).\1\ Section 15(6) was recodified at former 49 U.S.C. 10705, 
which was later modified by the Staggers Rail Act of 1980. Former 
section 10705 in general required that evidentiary proceedings in cases 
brought by complaint be completed in 9 months and a final decision be 
issued within 180 days after the close of the record.\2\
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    \1\ The regulations were originally issued at 49 CFR 1109.5. 
They were later redesignated at 49 CFR 1137.1 in Revision of the 
Rules of Practice, Ex Parte No. 55 (Sub-No. 55), 47 FR 49534 (Nov. 
1, 1982).
    \2\ The ICC subsequently modified the regulations in section 
1137.1 in Revised Procedures for Divisions of Revenue Cases, 367 
I.C.C. 353 (1983).
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    Under the ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 
803 (1995), section 10705 has been modified. Although the Board retains 
jurisdiction over divisions of joint rates, the provision for the 
filing of a notice of intent and the deadlines for gathering evidence 
and issuing a final decision have been removed.
    We are proposing to remove the rules at section 1137.1. Our records 
indicate that we have not had a divisions of revenue complaint in over 
20 years,\3\ and, accordingly, retaining the regulations appears to be 
administratively inefficient. The rules, moreover, contain the notice 
of intent and deadline provisions that no longer have a statutory 
basis. The Board has general rules for filing and handling complaints 
at 49 CFR part 1111, which appear to be adequate for any future 
divisions complaints.
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    \3\ Increases in Freight Rates and Charges--1973, 365 I.C.C. 193 
(1981).
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    Because these rules have been rarely used, retention of the 
evidentiary guidelines in 1137.1(g) appears to be unnecessary, and we 
propose to remove them. However, parties may believe that these 
guidelines with modifications (such as removing the obsolete reference 
to Rail Form A) or alternative guidelines are helpful. If so, they 
should explain why codified guidelines are necessary, when parties, on 
a case-by-case basis, are free to use any evidence they consider 
relevant.\4\
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    \4\ Parties could indeed, if they wish, use former guidelines 
following their removal.
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    We certify that the proposed rule will not have a significant 
impact on a substantial number of small entities, because the rules are 
partly obsolete and have been infrequently used. We seek comments on 
all matters raised by this notice.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

[[Page 23948]]

List of Subjects in 49 CFR Part 1137

    Administrative practice and procedure, Railroads.

    Decided: April 29, 2003.

    By the Board, Chairman Nober and Commissioner Morgan.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, the Surface 
Transportation Board proposes to amend title 49, chapter X, of the Code 
of Federal Regulations as follows:

PART 1137--[REMOVED]

    1. Part 1137 consisting of Sec.  1137.1 is removed.

[FR Doc. 03-11150 Filed 5-5-03; 8:45 am]
BILLING CODE 4915-00-P