Revision of Miscellaneous Regulations

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1002, 1003, 1007, 1011, 1012, 1014, 1017, 1018, 1019,

1021, 1034, 1039, 1100, 1101, 1103, 1104, 1105, 1113, 1133, 1139,

1150, 1151, 1152, 1177, 1180, and 1184

[STB Ex Parte No. 572 (Sub-No. 2]

Revision of Miscellaneous Regulations

AGENCY: Surface Transportation Board, Transportation.

[[Page 53265]]

ACTION: Final rules.

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SUMMARY: The Surface Transportation Board (Board) is revising,

correcting, and updating regulations. Among the changes being made are

the replacement of obsolete statutory references, the updating of

office and address references, and the removal of references to

obsolete organizational components. The Board is also making spelling,

grammatical, terminology, explanatory, and typographical changes.

EFFECTIVE DATE: These rules are effective October 1, 1999.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for

the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: We are updating, correcting, and revising

our regulations in 49 CFR chapter X. Some of these changes are required

by the enactment of the ICC Termination Act of 1995, Pub. L. 104-88,

109 Stat. 803 (ICCTA). For example, we are replacing obsolete statutory

citations in parts 1151, 1177, and 1184. We are also removing

references to divisions and joint boards (see parts 1012 and 1101).

We are also revising outdated office citations. References to the

Office of Tariffs (Part 1011), the Office of Consumer Protection (Part

1021), and the Railroad Service Board (part 1034) are being changed to

the Office of Compliance and Enforcement. References to the Budget and

Fiscal Office are being changed to the Section of Financial Services

(parts 1002, 1017, and 1018). The Office of Economics is now the Office

of Economics, Environmental Analysis, and Administration, and the

Section of Energy and Environment is now the Section of Environmental

Analysis (parts 1011 and 1105). The Office of Public Assistance has

been changed to the Office of Congressional and Public Services (parts

1011 and 1105). The references to the Office of Human Relations in

section 1014.170 and the Office of the Managing Director in section

1019.6 are changed to the Section of Personnel Services. References to

the System Services Branch are being changed to the Section of Systems

Services (Part 1002). The reference in Part 1019 to the Managing

Director's Counsel are changed to the Executive Counsel.

References to the following obsolete offices are being eliminated:

the Office of the Managing Director (part 1007), the Bureau of Accounts

(part 1139), the Publications Unit (part 1003), and the Office of

Hearings and the Legal Branch (part 1011). We are revising our

regulations to reflect the Board's changed address (parts 1007, 1012,

and 1105). We are deleting room number references (parts 1012, 1014,

1105). We are also removing telephone numbers from the regulations

(parts 1100 and 1105) to eliminate such outdated references and because

the public has ready access to telephone numbers for key contacts at

the Board through the Board's Internet web site at www.stb.dot.gov.

Where public agencies or the public are to be notified by transmittal

letter or newspaper notice, however, we are requiring that the

appropriate Board telephone number be included (see appendices to

Sections 1105.11 and 1105.12).

We are also making spelling, grammatical, terminology, explanatory,

and typographical changes (parts 1002, 1039, 1104, 1105, 1113, 1133,

1151, 1152, and 1180). References limiting credit card payments to VISA

and Mastercard have been eliminated (parts 1002 and 1018), while the

option of credit card payment has been added in parts 1103 and 1152. A

case citation has been updated (part 1150). It appears that, when the

regulations were previously updated, we inadvertently changed

references to state public commissions to ``Boards'' (parts 1139, 1150,

and 1152) and we also changed historical references to the Interstate

Commerce Commission (part 1139, Appendix I to subpart B). We are

revising those references.

We are removing Section 1011.4(c)(7). It refers to 49 U.S.C. 1483,

which concerns joint boards appointed by the Civil Aeronautics Board

(CAB) and the Interstate Commerce Commission (ICC). That statute, as it

pertains to joint boards, was repealed by Pub. L. 103-272, section

7(b), July 5, 1994, 108 Stat. 745. Accordingly, retaining this rule is

unnecessary.1 Finally, outdated references to committees of

the Board (part 1012) are being removed.2

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\1\ Under former sections 1483(a) and (c), matters concerning

through service and joint rates between air carriers and common

carriers subject to the Interstate Commerce Act could be referred to

a joint board upon complaint. Complaints could also be made to the

ICC or CAB on any matter that could be referred to a joint board.

While these sections have been repealed, parts of former section

1483 have been recodified at 49 U.S.C. 41502, which concerns joint

prices and through service between air carriers and other carriers,

including carriers subject to subtitle IV.

\2\ At one time, the ICC had three standing committees on

legislation, policy planning, and rules. See Meetings of the

Commission, Ex Parte No. 333, 41 FR 56340, 56341 (Dec. 28, 1976).

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Because these changes either remove obsolete regulations, make

revisions that are not substantive, or update rules to reflect current

agency practice, we find good cause to dispense with notice and

comment. 5 U.S.C. 553(b)(3)(A) and (B). Moreover, we find good cause

for making these rules effective on less than the usual 30 days' notice

under 5 U.S.C. 553(d), so that these changes will be effective by

October 1, 1999, and therefore included in the next edition of the Code

of Federal Regulations.

Small Entities

The Board certifies that this rule will not have a significant

economic effect on a substantial number of small entities, because,

generally, obsolete, incorrect, and outdated references are being

changed. The changes will have no economic effect on small entities.

Environment

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 1003

Administrative practice and procedure.

49 CFR Part 1007

Administrative practice and procedure, Privacy.

49 CFR Part 1011

Administrative practice and procedure, Authority delegations

(Government agencies), Organization and functions (Government

agencies).

49 CFR Part 1012

Sunshine Act.

49 CFR Part 1014

Administrative practice and procedure, Civil rights, Equal

employment opportunity, Federal buildings and facilities, Handicapped.

49 CFR Part 1017

Credit, Government employees.

49 CFR Part 1018

Claims, Debts.

49 CFR Part 1019

Government employees.

49 CFR Part 1021

Claims.

49 CFR Part 1034

Railroads.

[[Page 53266]]

49 CFR Part 1039

Agricultural commodities, Intermodal transportation, Manufactured

commodities, Railroads.

49 CFR Part 1100

Administrative practice and procedure.

49 CFR Part 1101

Administrative practice and procedure.

49 CFR Part 1103

Administrative practice and procedure, Lawyers.

49 CFR Part 1104

Administrative practice and procedure.

49 CFR Part 1105

Environmental impact statements, Reporting and recordkeeping

requirements.

49 CFR Part 1113

Administrative practice and procedure.

49 CFR Part 1133

Claims, Freight.

49 CFR Part 1139

Administrative practice and procedure, Motor carriers, Reporting

and recordkeeping requirements.

49 CFR Part 1150

Administrative practice and procedure, Railroads.

49 CFR Part 1151

Administrative practice and procedure, Railroads.

49 CFR Part 1152

Administrative practice and procedure, Conservation, Environmental

protection, National forests, National parks, National trails system,

Public lands--rights-of-way, Railroads, Recreation and recreation

areas, Reporting and recordkeeping requirements.

49 CFR 1177

Administrative practice and procedure, Archives and records,

Railroads.

49 CFR Part 1180

Administrative practice and procedure, Bankruptcy, Railroads,

Reporting and recordkeeping requirements.

49 CFR Part 1184

Administrative practice and procedure, Motor carriers.

Decided: September 24, 1999.

By the Board, Chairman Morgan, Vice Chairman Clyburn and

Commissioner Burkes.

Vernon A. Williams,

Secretary.

For the reasons set forth in the preamble, title 49, chapter X,

parts 1002, 1003, 1007, 1011, 1012, 1014, 1017, 1018, 1019, 1021, 1034,

1039, 1100, 1101, 1103, 1104, 1105, 1113, 1133, 1139, 1150, 1151, 1152,

1177, 1180, and 1184 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.

Sec. 1002.1 [Amended]

2. Remove the words ``electrostatic copies'' and add in their place

the word ``photocopies'' in sections 1002.1(d) and 1002.1(f)(7) .

3. Remove the words ``System Services Branch'' and add in their

place the words ``Section of Systems Services'' in section

1002.1(e)(2).

4. Remove the word ``rates'' and add in its place the word ``rate''

in section 1002.1(e)(3).

5. Remove the words ``Budget and Fiscal Office'' and add in their

place the words ``Section of Financial Services'' in sections

1002.2(a)(2) and 1002.2(a)(2)(iii).

6. Revise section 1002.2(a)(3) to read as follows:

Sec. 1002.2 Filing Fees.

(a) * * *

(3) Fees will be payable to the Secretary, Surface Transportation

Board, by check payable in United States currency drawn upon funds

deposited in a United States or foreign bank or other financial

institution, money order payable in United States currency, or by

credit card.

* * * * *

PART 1003--FORMS

7. The authority citation for Part 1003 continues to read as

follows:

Authority: 49 U.S.C. 721 and 13301(f).

Sec. 1003.1 [Amended]

8. Remove the words ``Publications Unit,'' in section 1003.1(c).

PART 1007--RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS

9. The authority citation for Part 1007 continues to read as

follows:

Authority: 5 U.S.C. 552; 49 U.S.C. 721.

10. Remove the words ``Office of the Managing Director,'' in

sections 1007.3(a), 1007.8(d), and 1007.11(b).

11. Remove the address ``Twelfth Street and Constitution Avenue,

NW.,'' and add in its place the address ``1925 K Street, NW,'' in

sections 1007.3(a), 1007.6(c), 1007.8(d), and 1007.11(b).

PART 1011--BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY

12. 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.

Secs. 1011.4, 1011.7 and 1011.8 [Amended]

13. Section 1011.4(c)(7) is removed and reserved.

14. Remove the words ``assigned to the Office of Hearings'' and add

in their place the words ``set for oral hearings'' in section

1011.7(c)(3).

15. Remove the words ``Director of the Office of Economics, the

Deputy Director of Economics-Accounts, and the Chief of the Section of

Audit and Accounting'' and add in their place the words ``Director and

Associate Director of the Office of Economics, Environmental Analysis,

and Administration and the Chief of the Section of Economics'' in

section 1011.7(g).

16. Remove the words ``Office of Public Assistance'' and add in

their place the words ``Office of Congressional and Public Services''

in sections 1011.8(a) and 1011.8(a)(1).

17. Remove the words ``Legal Branch,'' in section 1011.8(b)(2).

18. Remove the words ``Office of Tariffs'' and add in their place

the words ``Office of Compliance and Enforcement'' in section

1011.8(b)(2).

19. Remove the words ``Section of Energy and Environment'' and add

in their place the words ``Section of Environmental Analysis'' in

section 1011.8(c)(10).

PART 1012--MEETINGS OF THE BOARD

20. The authority citation for Part 1012 continues to read as

follows:

Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, 721.

21. Revise the second, third, and fourth sentences of section

1012.1(a) to read as follows:

Sec. 1012.1 General provisions.

(a) * * * They establish procedures under which meetings of the

Surface Transportation Board (Board) are held. They apply to oral

arguments as well as to deliberative conferences. They apply to

meetings of the Board. * * *

* * * * *

[[Page 53267]]

22. Remove the words ``a Division, or a committee of the Board'' in

section 1012.1(b).

23. Revise section 1012.2(a), the third sentence of section

1012.2(b), and section 1012.2(c) to read as follows:

Sec. 1012.2 Time and place of meetings.

(a) Conferences, oral arguments, and other meetings are held at the

Board's offices located at 1925 K Street, NW, Washington, DC, unless

advance notice of an alternative site is given. Room assignments will

be posted at the Board on the day of the meeting.

(b) * * * Regular Board conferences and oral arguments before the

Board normally begin at 9:30 a.m. * * *

(c) Special Board conferences or oral arguments are scheduled by

the Chairman of the Board.

* * * * *

24. Remove the words ``by posting a notice on the bulletin board in

the Board's Public Information Office,'' in section 1012.3(a).

25. Revise the first sentence of section 1012.3(b)(4) to read as

follows:

Sec. 1012.3 Public notice.

* * * * *

(b) * * *

(4) If a vote is taken on the question of whether to close a

meeting or a portion of a meeting to the public, a statement of the

vote or position of each Board Member eligible to participate in that

vote. * * *

* * * * *

PART 1014--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF

HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE SURFACE

TRANSPORTATION BOARD

26. The authority citation for Part 1014 continues to read as

follows:

Authority: 29 U.S.C. 794.

27. Revise the second sentence of section 1014.170(c) to read as

follows:

Sec. 1014.170 Compliance procedures.

* * * * *

(c) * * * Complaints may be sent to the Section of Personnel

Services, Surface Transportation Board, Washington, DC 20423.

* * * * *

PART 1017--DEBT COLLECTION--COLLECTION BY OFFSET FROM INDEBTED

GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES

28. The authority citation for Part 1017 continues to read as

follows:

Authority: 31 U.S.C. 3716; 5 U.S.C. 5514; Pub L. 97-365; 4 CFR

parts 101-105; 5 CFR part 550.

Secs. 1017.4 and 1017.9 [Amended]

29. Remove the words ``Fiscal Services Branch'' and add in their

place the words ``Section of Financial Services'' in section 1017.4(a).

30. Remove the words ``Budget and Fiscal Office'' and add in their

place the words ``Section of Financial Services'' in sections 1017.9(a)

and 1017.9(a)(6).

PART 1018--DEBT COLLECTION

31. The authority citation for Part 1018 continues to read as

follows:

Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 et seq., 49 U.S.C.

721, 4 CFR parts 101-105.

Secs. 1018.3 and 1018.29 [Amended]

32. Remove the words ``Budget and Fiscal Office'' and add in their

place the words ``Section of Financial Services'' in sections 1018.3

and 1018.29(c).

33. Remove the words ``(VISA or MASTERCARD)'' and ``room 1330,'' in

section 1018.29(c).

PART 1019--REGULATIONS GOVERNING CONDUCT OF SURFACE TRANSPORTATION

BOARD EMPLOYEES

34. The authority citation for Part 1019 continues to read as

follows:

Authority: 49 U.S.C. 721.

35. Remove the words ``Managing Director's'' and add in their place

the words ``Board's Executive'' in section 1019.2(a).

36. Revise the last sentence of section 1019.6 to read as follows:

Sec. 1019.6 Disciplinary and other remedial action.

* * * The manual is available from the Section of Personnel

Services, Surface Transportation Board, Washington, DC 20423.

PART 1021--ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS

37. The authority citation for Part 1021 continues to read as

follows:

Authority: 31 U.S.C. 3701, 3711, 3717, 3718.

Secs. 1021.3 [Amended]

38. Remove the words ``Consumer Protection'' and add in their place

the words ``Compliance and Enforcement'' in section 1021.3.

PART 1034--ROUTING OF TRAFFIC

39. The authority citation for Part 1034 continues to read as

follows:

Authority: 49 U.S.C. 721, 11123.

40. Remove the words ``Railroad Service Board'' and add in their

place the words ``Office of Compliance and Enforcement'' in sections

1034.1(a) and 1034.1(c).

PART 1039--EXEMPTIONS

41. The authority citation for Part 1039 continues to read as

follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 10502 and 13301.

42. Amend section 1039.10, to correct the spelling of ``mattress''

in the item of the table relating to STCC number 22-911-63.

PART 1100--GENERAL PROVISIONS

43. The authority citation for Part 1100 continues to read as

follows:

Authority: 49 U.S.C. 721.

44. Revise section 1100.4 to read as follows:

Sec. 1100.4 Information and inquiries.

Persons with questions concerning these rules should either send a

written inquiry to the Secretary, Surface Transportation Board or

should telephone the Secretary's Office.

PART 1101--DEFINITIONS AND CONSTRUCTION

45. The authority citation for Part 1101 continues to read as

follows:

Authority: 49 U.S.C. 721.

46. Remove the words ``a division of the Board,'' and ``a joint

board,'' in section 1101.2(b).

PART 1103--PRACTITIONERS

47. The authority citation for Part 1103 continues to read as

follows:

Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), 721.

48. Revise the second sentence in 1103.3(d) to read as follows:

Sec. 1103.3 Persons not attorneys-at-law--qualifications and

requirements for practice before the Board.

* * * * *

(d) * * * Payment must be made either by check, money order or

credit card payable to the Surface Transportation Board. * * *

* * * * *

PART 1104--FILING WITH THE BOARD--COPIES--VERIFICATION--SERVICE-

PLEADINGS, GENERALLY

49. The authority citation for Part 1104 continues to read as

follows:

Authority: 5 U.S.C. 559; 21 U.S.C. 853a; 49 U.S.C. 721.

50. Amend the first sentence in section 1104.15(b) to correct the

spelling of the word ``certify.''

[[Page 53268]]

PART 1105--PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

51. The authority citation for Part 1105 continues to read as

follows:

Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 470f, 1451, and 1531;

42 U.S.C. 4332 and 6362(b); and 49 U.S.C. 701 note (1995) (section

204 of the ICC Termination Act of 1995), 721(a), 10502, and 10903-

10905.

52. Remove the words ``Office of Economics'' and add in their place

the words ``Office of Economics, Environmental Analysis, and

Administration'' in section 1105.2

53. Remove the words ``Energy and Environment'' and add in their

place the words ``Environmental Analysis'' in sections 1105.2, 1105.3,

1105.4(i), 1105.10(a)(1), 1105.10(a)(3), 1105.10(b), the appendix to

section 1105.11, and both of the newspaper notices in the appendix to

section 1105.12.

55. Revise section 1105.3 to read as follows:

Sec. 1105.3 Information and assistance.

Information and assistance regarding the rules and the Board's

environmental and historic review process is available by writing or

calling the Section of Environmental Analysis, Surface Transportation

Board, 1925 K Street, NW, Washington, DC 20423.

56. Remove the acronym ``SEE'' and add in its place the acronym

``SEA'' in sections 1105.4(i), 1105.4(j), 1105.7(b)(11), 1105.10(b),

1105.10(d), 1105.10(g), the appendix to section 1105.11, and both of

the newspaper notices in the appendix to section 1105.12.

57. Remove the words ``12th and Constitution Avenue, NW,'' and add

in their place the words ``1925 K Street, NW.,'' in section 1105.3 and

both of the newspaper notices in the appendix to section 1105.12.

58. Revise ``i.e,'' to ``i.e.,'' in section 1105.4(j).

59. Remove the words ``room 3219, Surface Transportation Board,''

and add in their place the words ``Surface Transportation Board, 1925 K

Street, NW'' in the appendix to section 1105.11.

60. Remove the words ``Public Assistance'' and add in their place

the words ``Congressional and Public Services'' in both of the

newspaper notices in the appendix to section 1105.12.

61. Remove the telephone numbers ``202-927-6211'' and ``202-927-

7597'' and add in their place the words ``[INSERT TELEPHONE NUMBER]''

in the appendix to section 1105.11 and both of the newspaper notices in

the appendix to section 1105.12.

PART 1113--ORAL HEARING

62. The authority citation for Part 1113 continues to read as

follows:

Authority: 5 U.S.C. 559; 49 U.S.C. 721.

63. Revise ``protest'' to ``protests'' in section 1113.19.

PART 1133--RECOVERY OF DAMAGES

64. The authority citation for Part 1133 continues to read as

follows:

Authority: 49 U.S.C. 721.

65. Revise ``connot'' to ``cannot'' in section 1133.2(a).

PART 1139--PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS

66. The authority citation for Part 1139 continues to read as

follows:

Authority: 49 U.S.C. 721, 13703.

67. Remove the word ``Boards'' and add in its place the word

``commissions'' in section 1139.22.

68. Remove the words ``Bureau of Accounts,'' in the explanatory

note to Schedule A regarding ``Column (a)'' in section 1139.26.

69. Remove the words ``Surface Transportation Board'' and add in

their place the words ``Interstate Commerce Commission'' in the third

and fourth paragraphs of Appendix I to Subpart B.

PART 1150--CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD

LINES

70. The authority citation for Part 1150 continues to read as

follows:

Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 721(a), 10502, 10901,

and 10902.

71. Remove the words ``Energy and Environmental Branch'' and add in

their place the words ``Section of Environmental Analysis'' in sections

1150.1(b) and 1150.10(g).

72. Revise the last sentence in section 1150.16 to read as follows:

Sec. 1150.16 Procedures

* * * See Exemption of Certain Designated Operators from Section

11343, 361 ICC 379 (1979), as modified by McGinness v. I.C.C., 662 F.2d

853 (D.C. Cir. 1981).

73. Remove the words ``State Public Service Board'' and add in

their place the words ``State Public Service Commission'' in section

1150.36(c).

PART 1151--FEEDER RAILROAD DEVELOPMENT PROGRAM

74. The authority citation for Part 1151 continues to read as

follows:

Authority: 49 U.S.C. 10907.

75. Remove the reference to ``10910'' and add in its place

``10907'' and remove the reference to ``10910(c)(1) and add in its

place ``10907(c)(1)'' in section 1151.1.

76. Revise ``(GVC)'' to ``(GCV)'' in section 1151.3(a)(3)(i).

PART 1152--ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL

TRANSPORTATION UNDER 49 U.S.C. 10903

77. The authority citation for Part 1152 continues to read as

follows:

Authority: 11 U.S.C. 1170; 16 U.S.C. 1247(d) and 1248; 45 U.S.C.

744; and 49 U.S.C. 701 note (1995) (section 204 of the ICC

Termination Act of 1995), 721(a), 10502, 10903-10905, and 11161.

78. Remove the words ``public service Board'' and add in their

place the words ``Public Service Commission'' in section 1152.12(b).

79. Revise the third sentence of section 1152.24 (a) to read as

follows:

Sec. 1152.24 Filing and service of application.

(a) * * * A check, money order or payment by credit card payable to

the Surface Transportation Board must also be submitted to cover the

applicable filing fee. * * *

* * * * *

80. Remove the words ``Public Service Board'' and add in their

place the words ``Public Service Commission'' in section 1152.24(c).

81. Amend section 1152.29(b)(1)(ii) by adding ``(CITU)'' after

``Certificate of Interim Trail Use or Abandonment'.

PART 1177--RECORDATION OF DOCUMENTS

82. The authority citation for Part 1177 continues to read as

follows:

Authority: 49 U.S.C. 721, 11301.

83. Revise ``(84)'' to ``(83)'' in section 1177.3(c).

84. Revise ``11303'' to ``11301'' in section 1177.4(b).

PART 1180--RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION

PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES

85. The authority citation for Part 1180 continues to read as

follows:

Authority: 5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721,

10502, 11323-11325.

[[Page 53269]]

86. Revise ``analyses'' to ``analysis'' in section

1180.4(b)(1)(ii).

87. Amend the second sentence of 1180.6(a)(8) by adding the word

``of'' after ``no later than the filing''.

88. Amend section 1180.7(d) by adding the word ``as'' after ``as

well''.

89. Amend section 1180.9(c) by putting footnote marker 8 in

superscript.

PART 1184--MOTOR CARRIER POOLING OPERATIONS

90. The authority citation for Part 1184 continues to read as

follows:

Authority: 49 U.S.C. 721, 14302.

91. Remove the references to ``11342(b)'' and add in their place

``14302'' in sections 1184.1 and 1184.2.

[FR Doc. 99-25302 Filed 9-30-99; 8:45 am]

BILLING CODE 4915-00-P