[Federal Register: August 29, 2003 (Volume 68, Number 168)]
[Rules and Regulations]
[Page 51919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au03-13]
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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, DOT.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) is removing its
regulations concerning divisions of revenue proceedings because of
changes in the statute and the infrequency of divisions of revenue
complaints.
EFFECTIVE DATE: This rule is effective on September 28, 2003.
FOR FURTHER INFORMATION CONTACT: John Sado, (202) 565-1661. [Federal
Information Relay Service for the hearing impaired: 1-800-877-8339.]
SUPPLEMENTARY INFORMATION: On May 6, 2003, at 68 FR 23947-48,\1\ the
Board published a notice of proposed rulemaking (NPR) in this
proceeding seeking comments on the Board's proposal to remove the
regulations at 49 CFR 1137.1 concerning divisions of revenue cases
between carriers participating in a joint rate. The NPR indicated that
the regulations 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).\2\ As noted in
the notice of proposed rulemaking, 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.\3\
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\1\ A corrected notice was served on May 8, 2003, and published
in the Federal Register on May 14, 2003 (68 FR 25859).
\2\ 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).
\3\ 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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The NPR noted that, under the ICC Termination Act of 1995, Pub. L.
104-88, 109 Stat. 803 (1995), section 10705 had 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.
In proposing to remove the rules at section 1137.1, the Board
stated that agency records indicated that there had not been a
divisions of revenue complaint in over 20 years,\4\ and, accordingly,
retaining the regulations appeared to be administratively inefficient.
Furthermore, the rules contained the notice of intent and deadline
provisions that no longer had a statutory basis. The Board noted that
the general rules for filing complaints at 49 CFR part 1111 appeared
adequate for divisions complaints. Comments were sought on whether the
rules should be retained, updated, or eliminated.
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\4\ Increases in Freight Rates and Charges--1973, 365 I.C.C. 193
(1981).
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In response to the notice, the Board received one comment, from the
Association of American Railroads (AAR). The AAR supports the proposal
for the reasons expressed in the NPR. It submits that the Board's
current general complaint rules are sufficient for any potential
divisions complaint.
The regulations at 49 CFR 1137.1 concerning divisions of revenue
cases will be removed. It would be administratively inefficient to
retain rules that are outdated and have not been used in over 20 years
where general complaint rules are in place. The only party responding
to the NPR supports the elimination of the rules. Finally, parties in a
prospective complaint can propose on a case-by-case basis to use any
evidence they consider relevant, including the evidence referenced in
the former guidelines.
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 1137
Administrative practice and procedure, Railroads.
Decided: August 25, 2003.
By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.
0
For the reasons set forth in the preamble, the Surface Transportation
Board amends title 49, chapter X, of the Code of Federal Regulations as
follows:
PART 1137--[REMOVED]
0
1. Part 1137 consisting of Sec. 1137.1 is removed.
[FR Doc. 03-22130 Filed 8-28-03; 8:45 am]
BILLING CODE 4915-00-P