[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Rules and Regulations]
[Page 5170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2548]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1142
[STB Ex Parte No. 621]
Removal of Obsolete Regulations Concerning Expedited Complaint
Procedures Against Bus Carrier Rates
AGENCY: Surface Transportation Board, Transportation.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (Board) is removing from the
Code of Federal Regulations obsolete regulations concerning expedited
complaint procedures against bus rates.
EFFECTIVE DATE: February 4, 1997.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC
Termination Act of 1995, Public Law No. 104-88, 109 Stat. 803 (ICCTA),
abolished the Interstate Commerce Commission (ICC) and established the
Board within the Department of Transportation. Section 204(a) of the
ICCTA provides that ``[t]he Board shall promptly rescind all
regulations established by the [ICC] that are based on provisions of
law repealed and not substantively reenacted by this Act.''
As here relevant, the Bus Regulatory Reform Act of 1982 (Bus Act)
established a zone of rate freedom (ZORF) within which bus carriers
could raise or lower their rates without being subject to protest and
investigation or suspension. Former 49 U.S.C. 10708(d)(4). The ZORF
expanded by specified percentages over a 3-year period (former section
10708(d)(5)). After 3 years, the zone became unlimited. As a result,
the ICC could not suspend or investigate a proposed rate on
unreasonableness grounds unless the proposed rate was established
collectively under an agreement approved by the ICC under former 49
U.S.C. 10706(b). Former 49 U.S.C. 10708(e). Parties, however, could
file complaints challenging the reasonableness of rates established
within the ZORF, and, after 3 years, of any effective rate or fare
filed under section 10708. Former 49 U.S.C. 10708(f). The resulting
complaint proceedings were to be resolved within 90 days. Id.
Consequently, the ICC established at 49 CFR part 1142 expedited
procedures for filing and handling such complaints against effective
bus rates or fares established under the ZORF on grounds that they were
unreasonably high or low. Procedures-Complaints Against Bus Car. Rates
& Fares, 133 M.C.C. 50 (1982), modified on reopening, 133 M.C.C. 240
(1983).
Under the ICCTA, the Board has jurisdiction to determine the
reasonableness of rates or fares of motor carrier of passengers only if
they are made collectively under agreements pursuant to new 49 U.S.C.
13703. New 49 U.S.C. 13703(a)(5). Moreover, the ICCTA eliminated the
provisions under former section 10708(d) and (f) concerning the ZORF
and the expedited procedures for filing complaints. Because the
statutory basis for the regulations at 49 CFR part 1142 has been
eliminated, we will remove those regulations. We note that parties
still may file complaints against bus carriers under our regulations at
49 CFR part 1111.
Because this action merely reflects, and is required by, the
enactment of the ICCTA and will not have an adverse effect on the
interests of any person, this action will be made effective on the date
of publication in the Federal Register.
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 1142
Administrative practice and procedure, Buses.
Decided: January 24, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
PART 1142--[REMOVED]
For the reasons set forth in the preamble and under the authority
of 49 U.S.C. 721(a), title 49, chapter X of the Code of Federal
Regulations is amended by removing Part 1142.
[FR Doc. 97-2548 Filed 2-3-97; 8:45 am]
BILLING CODE 4915-00-P