24VAC15-10 Standards and Procedures Governing Intrastate Rail Rates in Virginia

REGULATIONS

Vol. 29 Iss. 20 - June 03, 2013

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

STATE CORPORATION COMMISSION

Chapter 10

Final Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 24VAC15-10. Standards and Procedures Governing Intrastate Rail Rates in Virginia (repealing 24VAC15-10-10 through 24VAC15-10-510).

Statutory Authority: §§ 12.1-13 and 56-99.2 of the Code of Virginia.

Effective Date: July 1, 2013.

Agency Contact: Wayne N. Smith, Senior Counsel, Office of General Counsel, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The federal statute authorizing state regulation of intrastate rail rates has been repealed, eliminating the legal authority for the State Corporation Commission to enforce the regulations. Therefore, this regulatory action repeals the existing Standards and Procedures Governing Intrastate Rail Rates in Virginia (24VAC15-10).

AT RICHMOND, May 6, 2013

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. CLK-2013-00004

Ex Parte: In re: Repealing Standards and
Procedures Governing Intrastate Rail Rates

ORDER REPEALING RULES

On January 31, 2013, the State Corporation Commission ("Commission") docketed this proceeding to consider the repeal of the Standards and Procedures Governing Intrastate Rail Rates in Virginia ("Standards and Procedures").¹ The Standards and Procedures were adopted in 1990 in accordance with § 56-99.2 of the Code of Virginia ("Code") and federal law then in effect.² As discussed in the Notice Order, Congress has repealed the federal statute underlying the Commission's adoption of the Standards and Procedures.³ Since Congress has repealed the federal statutory basis, the Commission determined that the Standards and Procedures set forth in Title 24 of the Virginia Administrative Code should be considered for repeal.⁴

As directed by the Notice Order, the Commission's Division of Information Resources arranged for publication of a copy of the Notice Order in the Virginia Register of Regulations.⁵ As further provided by the Notice Order, the Commission's Office of General Counsel mailed notice to the registered agents of all railroads operating in Virginia.⁶

In response to the published notice, the Commission received one comment. In comments filed March 15, 2013, Norfolk Southern Corporation agreed that the Standards and Procedures should be repealed.⁷

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that reasonable notice of the proposal to repeal the Standards and Procedures was provided and interested persons were provided an opportunity to comment and to request a hearing. The Commission further finds that the statutory basis for the Standards and Procedures is no longer in effect and that repeal effective July 1, 2013, is appropriate.

ACCORDINGLY, IT IS ORDERED THAT:

(1) As provided by §§ 12.1-13, 12.1-28, and related provisions of the Code of Virginia, the Standards and Procedures Governing Intrastate Rail Rates in Virginia codified as Chapter 10 of Title 24 of the Virginia Administrative Code, set forth in 24 VAC 15-10-10 through 24 VAC 15-10-510, are repealed effective July 1, 2013.

(2) The Commission's Division of Information Resources forthwith shall cause a copy of this Order to be forwarded to the Virginia Registrar for publication in the Virginia Register of Regulations and shall make available this Order on the Commission's website: http://www.scc.virginia.gov/case.

(3) This case is dismissed from the Commission's docket, and the Clerk of the Commission shall place the case in closed status in the records of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to the Commission's Office of General Counsel, Division of Information Resources, and Division of Utility and Rail Safety.

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¹ Commonwealth of Virginia, ex rel. State Corporation Commission Ex Parte, in re: Repealing Standards and Procedures Governing Intrastate Rail Rates, Case No. CLK-2013-00004, Order for Notice and Comment, Doc. Con. Center No. 130130100 (Jan. 31, 2013), 29:13 VA.R. 1735 Feb. 25, 2013 ("Notice Order").

² Commonwealth of Virginia, ex rel. State Corporation Commission Ex Parte, in re: Adoption of Standards and Procedures to Administer the Staggers Rail Act of 1980, Case No. RRR-1983-00003, Order Adopting Regulations, 1990 S.C.C. Ann. Rept. 363 (Jan. 30, 1990) codified at 24 VAC 15-10-10 through 24 VAC 15-10-510.

³ ICC Termination Act of 1995, Pub. L. No. 104-88, Sec. 102, 109 Stat. 803, 804, codified as 49 U.S.C. § 701 nt. repealing Staggers Rail Act of 1980, Pub. L. No. 96-448, Sec. 214, 94 Stat. 1895, 1913-15 (1980).

⁴ Notice Order at 1-2, 29:13 VA.R. 1735-36.

⁵ Memorandum Mar. 1, 2013, to the Document Control Center filed in Case No. CLK-2013-00004, Doc. Con. Cen. No. 130310035.

⁶ Memorandum Jan. 31, 2013, to the Document Control Center filed in Case No. CLK-2013-00004, Doc. Con. Cen. No. 1301310124.

⁷ Letter of Mar. 12, 2013, from John M. Scheib, Norfolk Southern Corporation, to Joel H. Peck, Clerk, State Corporation Commission, filed in Case No. CLK-2013-00004.

VA.R. Doc. No. R13-3579; Filed May 7, 2013, 12:13 p.m.