49 C.F.R. Subpart B—Intercity Bus Industry
Title 49 - Transportation
Source: 42 FR 32541, June 27, 1977, unless otherwise noted. Redesignated at 47 FR 49571, Nov. 1, 1982.
(a) Upon the filing by the National Bus Traffic Association, Inc., (NBTA) on behalf of its carrier members, or by such other agencies as the Board may by order otherwise designate, of agency tariff schedules which contain proposed general increases in fares or charges where such proposal would result in an increase of $1 million or more in the annual operating revenues on the traffic affected by the proposal, the motor common carriers of passengers on whose behalf such schedules are filed shall, concurrently with the filing of those schedules, file and serve, as provided hereinafter, a verified statement presenting and comprising the entire evidential case which is relied upon to support the proposed general increase. Carriers thus required to submit their evidence when they file their schedules are hereby notified that special permission to file those schedules shall be conditioned upon the publishing of an effective date at least 30 days later than the date of filing, to enable proper evaluation of the evidence presented. Data to be submitted in accordance with §§1139.21 through 1139.23 represent the minimum data required to be filed and served, and in no way shall be considered as limiting the type of evidence that may be presented at the time of filing of the schedules. If a formal proceeding is instituted, the carriers are not precluded from updating the evidence submitted at the time of filing of the schedules to reflect the current situation. (b) When filing tariff schedules other than those described hereinabove, the carriers or their tariff publishing agencies shall be required to comply with such procedures as the Board may direct in the event an investigation is instituted. Nothing stated in this part shall relieve the carriers of their burden of proof imposed under the Interstate Commerce Act. [42 FR 40860, Aug. 12, 1977. Redesignated at 47 FR 49577, Nov. 1, 1982, and amended at 51 FR 6238, Feb. 21, 1986] (a) For the purposes of this proceeding the “study carriers” shall consist of those Class I motor common carriers of passengers which are members of NBTA and which, during the latest calendar year available preceding the filing date of the proposed increase in fares and/or charges, derived $500,000 or more in annual operating revenues from the issue traffic, or 1 percent or more of the total annual operating revenues received by all Class I carriers from the issue traffic. Issue traffic is defined as that traffic (services) directly affected by the proposed increases in fares and/or charges. (b) To corroborate the selection of the above study carriers, and to provide a data base for a continuing evaluation of the validity and usefulness of those carriers as a study group, respondents shall submit, as a part of their verified statement (justification), a list of all Class I motor common carriers of passengers participating in the issue traffic (services). For the above specified calendar year, the dollar amounts of total system operating revenues for each such carrier shall be arrayed in descending order; and, there shall be shown the amount of annual operating revenues received by each carrier from the total traffic at issue. Also, to be shown is the percent that each such carrier's total issue traffic revenue is to its total system revenues, and the percent that each carrier's total issue traffic revenue is to the total issue traffic revenues for all Class I carriers indicated in the above list. This list of carriers and the carrier's applicable revenues shall be referred to as Schedule A, Class I Participating Carriers' Revenue Data. [42 FR 40860, Aug. 12, 1977. Redesignated at 47 FR 49577, Nov. 1, 1982] The study carriers, as identified above, shall submit the revenue data called for in Schedule B herein, the purpose of which is to determine the amount of increased revenues which might be expected under the proposed increase in fares and/or charges on the issue traffic, and to evaluate the revenue aspects of the non-issue traffic, including that traffic subject to Surface Transportation Board rate regulation but not here at issue, and that traffic which is intrastate in character and under the jurisdiction of state public commissions. [42 FR 40860, Aug. 12, 1977, as amended at 42 FR 56333, Oct. 25, 1977. Redesignated at 47 FR 49577, Nov. 1, 1982; 64 FR 53268, Oct. 1, 1999] The “study carriers” shall submit evidence of the sum of money, in addition to operating expenses, including that needed to attract debt and equity capital, which they require to insure financial stability and the capability to render service. This evidence shall include data required by Schedules C through G. The Board will take official notice of all of the proponent carriers' annual and quarterly reports on file with the Board. The detailed information called for herein shall be in writing and shall be verified by a person or persons having knowledge thereof. The original and 16 copies of each verified statement for the use of the Board shall be filed with the Secretary, Surface Transportation Board, Washington, DC 20423. One copy of each statement shall be sent first-class mail to each of the regional offices of the Board in the area affected by the proposed increase, where it will be open to public inspection. A copy of each statement shall be mailed by first-class mail to each party of record in the last formal proceeding concerning a general increase in bus passenger fares in the affected area or territory. Otherwise, the service requirements of §1130.1 shall be observed. All underlying data used in preparation of the material outlined above shall be made available in the office of the party serving such verified matter during usual office hours for inspection by any party of record desiring to do so, and shall be made available to the Board upon request therefor. The underlying data shall be made available also at the hearing, but only if, and to the extent, specifically requested in writing and required by any party for the purpose of cross-examination.
Title 49: Transportation
PART 1139—PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS
Subpart B—Intercity Bus Industry
§ 1139.20 Application.
§ 1139.21 Study carriers.
§ 1139.22 Revenue data for study carriers.
§ 1139.23 Revenue need.
§ 1139.24 Official notice.
§ 1139.25 Service.
§ 1139.26 Availability of underlying data.
Schedule A to Subpart B of Part 1139—Class I Participating Carriers' Revenue Data
[Dollars in thousands]---------------------------------------------------------------------------------------------------------------- Percent of carrier's issue traffic revenue to_ --------------------------- Total Total Total issue Line No. and carrier annual report Carrier Study code system issue Total system traffic No. (a) (b) (c) operating traffic revenues, revenues revenue revenue col, (percent (d) (e) (e)÷col. dist. of (d) (2 Dec.) col. (e) (2 (f) Dec.) (g)----------------------------------------------------------------------------------------------------------------1................................... .......... .......... .......... .......... ............. ...........2................................... .......... .......... .......... .......... ............. ...........3................................... .......... .......... .......... .......... ............. ...........4................................... .......... .......... .......... .......... ............. ...........5................................... .......... .......... .......... .......... ............. ...........6................................... .......... .......... .......... .......... ............. ...........7................................... .......... .......... .......... .......... ............. ...........9................................... .......... .......... .......... .......... ............. ...........10.................................. .......... .......... .......... .......... ............. ...........11.................................. .......... .......... .......... .......... ............. ...........12.................................. .......... .......... .......... .......... ............. ...........13.................................. .......... .......... .......... .......... ............. ...........14.................................. .......... .......... .......... .......... ............. ...........15.................................. .......... .......... .......... .......... ............. ...........16.................................. .......... .......... .......... .......... ............. ...........17.................................. .......... .......... .......... .......... ............. ...........18.................................. .......... .......... .......... .......... ............. ...........19.................................. .......... .......... .......... .......... ............. ...........20.................................. .......... .......... .......... .......... ............. ...........21.................................. .......... .......... .......... .......... ............. ...........22.................................. .......... .......... .......... .......... ............. ...........23.................................. .......... .......... .......... .......... ............. ...........24.................................. .......... .......... .......... .......... ............. ...........25.................................. .......... .......... .......... .......... ............. ...........----------------------------------------------------------------------------------------------------------------
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