-
Start Preamble
AGENCY:
Surface Transportation Board.
ACTION:
Final rules.
SUMMARY:
The Surface Transportation Board (Board) is revising, correcting, and updating its regulations. These modifications include replacing obsolete statutory references, updating office and address references, and correcting spelling, grammatical, terminology, explanatory, and typographical errors. The Board is also making changes to certain authority citations and to certain regulations related to reporting requirements.
DATES:
Effective March 25, 2016.
Start Further Info Start Printed Page 8849FOR FURTHER INFORMATION CONTACT:
Allison Davis: (202) 245-0378. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
In accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” and Executive Order 13579, “Regulation and Independent Regulatory Agencies,” the Board began this proceeding on October 12, 2011, to review its existing regulations and sought public comments on whether any of its regulations may be outmoded, ineffective, insufficient, or excessively burdensome, and how to modify, streamline, expand, or repeal them, as appropriate. See Exec. Order No. 13563, 76 FR 3821 (Jan. 21, 2011); Exec. Order No. 13579, 76 FR 41587 (Jul. 14, 2011). In this decision, we are revising, correcting, and updating our regulations in 49 CFR Chapter X, pursuant to the comments received and the Board's own internal review of its regulations.
The changes made by this decision generally fall into the following categories: Eliminating or changing obsolete agency/office titles (e.g., 49 CFR 1007.6(a)(8)); making spelling, grammatical, terminology, explanatory, and typographical changes (e.g., 49 CFR 1016.105(a)); correcting references to United States Code or Code of Federal Regulations sections that have been moved or are otherwise incorrect (e.g., 49 CFR 1013.2(d), 49 CFR 1018.6(a)); [1] and amending rules of agency organization, procedure, or practice (e.g., 49 CFR 1011.7(a), 49 CFR 1111.1(a)). Additionally, this decision makes certain nonsubstantive updates related to the Board's reporting requirements, including adding the option of electronic submissions and eliminating language requiring the filing of duplicate copies (e.g., 49 CFR 1243.1), and updating form titles (e.g., 49 CFR 1245.2).[2]
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 under the Administrative Procedure Act (APA). 5 U.S.C. 553(b)(3)(A) and (B). These changes are not intended to be a comprehensive response to the comments received in this docket; the Board will continue to evaluate those comments and review its regulations, and may promulgate additional revisions at a later date.
The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because the Board has determined that notice and comment are not required under the APA for this rulemaking, the requirements of the RFA do not apply.
These final rules do not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3549.
It is ordered:
1. The rule modifications set forth below are adopted as final rules.
2. This decision is effective March 25, 2016.
Start List of SubjectsList of Subjects
49 CFR Part 1001
- Administrative practice and procedure
- Confidential business information
- Freedom of information
49 CFR Part 1002
- Administrative practice and procedure
- Common carriers
- Freedom of information
49 CFR Part 1005
- Claims
- Freight
- Investigations
- Maritime carriers
- Motor carriers
- Railroads
49 CFR Part 1007
- 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 1013
- Common carriers
- Reporting and recordkeeping requirements
- Securities
- Trusts and trustees
49 CFR Part 1014
- Administrative practice and procedure
- Civil rights
- Equal employment opportunity
- Federal buildings and facilities
- Individuals with disabilities
49 CFR Part 1016
- Claims
- Equal access to justice
- Lawyers
49 CFR Part 1017
- Claims
- Government employees
- Wages
49 CFR Part 1018
- Claims
- Income taxes
49 CFR Part 1019
- Conflict of interests
49 CFR Part 1021
- Claims
49 CFR Part 1034
- Railroads
49 CFR Part 1035
- Maritime carriers
- Railroads
49 CFR Part 1039
- Agricultural commodities
- Intermodal transportation
- Railroads
49 CFR Part 1090
- Freight
- Intermodal transportation
- Maritime carriers
- Motor carriers
- Railroads
49 CFR Part 1101
- Administrative practice and procedure
49 CFR Part 1102
- 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 1110
- Administrative practice and procedure
49 CFR Part 1111
- Administrative practice and procedure
- Investigations
49 CFR Part 1113
- Administrative practice and procedure
49 CFR Part 1114
- Administrative practice and procedure
49 CFR Part 1115
- Administrative practice and procedure
49 CFR Part 1118
- Administrative practice and procedure
49 CFR Part 1139
- Administrative practice and procedure
- Buses
- Freight
- Motor carriers
- Reporting and recordkeeping requirements
49 CFR Part 1144
- Railroads
49 CFR Part 1146
- Railroads
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
- Railroads
- Reporting and recordkeeping requirements
- Uniform System of Accounts
49 CFR Part 1180
- Administrative practice and procedure
- Railroads
- Reporting and recordkeeping requirements
49 CFR Part 1241
- Railroads
- Reporting and recordkeeping requirements
49 CFR Part 1242
- Railroads
- Taxes
49 CFR Part 1243
- Railroads
- Reporting and recordkeeping requirements
49 CFR Part 1244
- Freight
- Railroads
- Reporting and recordkeeping requirements
49 CFR Part 1245
- Railroad employees
- Reporting and recordkeeping requirements
- Wages
49 CFR Part 1246
- Railroad employees
- Reporting and recordkeeping requirements
49 CFR Part 1247
- Freight
- Railroads
- Reporting and recordkeeping requirements
49 CFR Part 1248
- Freight
- Railroads
- Reporting and recordkeeping requirements
- Statistics
49 CFR Part 1253
- Freight forwarders
- Maritime carriers
- Motor carriers
- Pipelines
- Railroads
- Reporting and recordkeeping requirements
Decided: February 11, 2016.
By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Commissioner Begeman commented with a separate expression.
Kenyatta Clay,
Clearance Clerk.
For the reasons set forth in the preamble, under the authority of 49 U.S.C. 1321, title 49, chapter X, parts 1001, 1002, 1005, 1007, 1011, 1012, 1013, 1014, 1016, 1017, 1018, 1019, 1021, 1034, 1035, 1039, 1090, 1101, 1102, 1103, 1104, 1105, 1110, 1111, 1113, 1114, 1115, 1118, 1139, 1144, 1146, 1150, 1151, 1152, 1180, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1248, and 1253 of the Code of Federal Regulations are amended as follows:
Start PartPART 1001—INSPECTION OF RECORDS
End Part Start Amendment Part1. The authority citation for part 1001 continues to read as follows:
End Amendment Part[Amended]2. In § 1001.3, remove the words “within 10 days of receipt of a request” and add in their place the words “within 20 days of receipt of a request”.
End Amendment Part Start PartPART 1002—FEES
End Part Start Amendment Part3. The authority citation for part 1002 continues to read as follows:
End Amendment Part[Amended]4. In § 1002.2(f)(78), add “($26 flat fee for electronic filing.)” following “($26 min. charge.)”
End Amendment Part Start PartPART 1005—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE
End Part Start Amendment Part5. The authority citation for Part 1005 continues to read as follows:
End Amendment Part Start Amendment Part6. Revise § 1005.5 to read as follows:
End Amendment PartDisposition of claims.Each carrier subject to the Interstate Commerce Act which receives a written or electronically transmitted claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing or electronically to the claimant within 120 days after receipt of the claim by the carrier; provided, however, that, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing or electronically of the status of the claim and the reason for the delay in making the final disposition thereof, and it shall retain a copy of such advice to the claimant in its claim file thereon.
PART 1007—RECORDS CONTAINING INFORMATION ABOUT INDIVIDUALS
End Part Start Amendment Part7. The authority citation for Part 1007 continues to read as follows:
End Amendment Part[Amended]8. In § 1007.6:
End Amendment Part Start Amendment Parta. In paragraph (a)(8), remove the title “National Archives of the United States” and add in its place “National Archives and Records Administration” and remove the title “Administrator of General Services” and add in its place “Archivist of the United States”.
End Amendment Part Start Amendment Partb. In paragraph (a)(11), remove the title “General Accounting Office” and add in its place “Government Accountability Office”.
End Amendment Part Start PartPART 1011—BOARD ORGANIZATION; DELEGATIONS OF AUTHORITY
End Part Start Amendment Part9. The authority citation for Part 1011 continues to read as follows:
End Amendment Part Start Amendment Part10. Revise the first sentence of § 1011.2(a)(7) to read as follows:
End Amendment PartThe Board.(a) * * *
(7) All appeals of initial decisions issued by the Director of the Office of Proceedings under the authority delegated by § 1011.7(a), and all appeals of initial decisions issued by the Office of Public Assistance, Governmental Affairs, and Compliance under the authority delegated by § 1011.7(b). * * *
* * * * *[Amended]11. In § 1011.4(a)(7), remove “section 308 of the Regional Rail Reorganization Start Printed Page 8851Act of 1973” and add in its place “section 308 of the Regional Rail Reorganization Act of 1973, 45 U.S.C. 748,”.
End Amendment Part[Amended]12. In § 1011.6(h), remove “section 308 of the Regional Rail Reorganization Act of 1973” and add in its place “section 308 of the Regional Rail Reorganization Act of 1973, 45 U.S.C. 748,”.
End Amendment Part Start Amendment Part13. In § 1011.7:
End Amendment Part Start Amendment Parta. Revise paragraph (a)(1).
End Amendment Part Start Amendment Partb. In paragraph (a)(2)(xvii), remove the word “meditation” and add in its place the word “mediation”.
End Amendment Part Start Amendment Partc. Add paragraph (b)(6).
End Amendment PartThe revision and addition read as follows:
Delegations of authority by the Board to specific offices of the Board.(a) Office of Proceedings. (1) The Director of the Office of Proceedings is delegated the authority to determine (in consultation with involved Offices) whether to waive filing fees set forth at 49 CFR 1002.2(f).
* * * * *(b) * * *
(6) Issue, on written request, informal opinions and interpretations which are not binding on the Board. In issuing informal opinions or interpretations, the Director of the Office of Public Assistance, Governmental Affairs, and Compliance shall consult with the Directors of the appropriate Board offices. Such requests must be directed to the Director of the Office of Public Assistance, Governmental Affairs, and Compliance, Surface Transportation Board, Washington, DC.
PART 1012—MEETINGS OF THE BOARD
End Part Start Amendment Part14. The authority citation for Part 1012 continues to read as follows:
End Amendment Part[Amended]15. In § 1012.3:
End Amendment Part Start Amendment Parta. In paragraph (c), remove the words “in paragraphs (d) and (e) of this section” and add in their place the words “in paragraph (d) of this section”.
End Amendment Part Start Amendment Partb. Remove paragraph (d).
End Amendment Part Start Amendment Partc. Redesignate paragraph (e) as paragraph (d).
End Amendment Part Start Amendment Partd. Redesignate paragraph (f) as paragraph (e).
End Amendment Part Start PartPART 1013—GUIDELINES FOR THE PROPER USE OF VOTING TRUSTS
End Part Start Amendment Part16. The authority citation for Part 1013 continues to read as follows:
End Amendment Part[Amended]17. In § 1013.2(d), remove the reference to “ 49 U.S.C. 11343” and add in its place “49 U.S.C. 11323”.
End Amendment Part Start Amendment Part18. Revise § 1013.3(c) to read as follows:
End Amendment PartReview and reporting requirements for regulated carriers.* * * * *(c) Any carrier required to file a Schedule 13D with the Securities and Exchange Commission (17 CFR 240.13d-1) which reports the purchase of 5 percent or more of the registered securities of another Board regulated carrier (or the listed shares of a company controlling 10 percent or more of the stock of a Board regulated carrier), must simultaneously file a copy of that schedule with the Board, along with any supplements to that schedule.
* * * * *PART 1014—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE SURFACE TRANSPORTATION BOARD
End Part Start Amendment Part19. The authority citation for Part 1014 continues to read as follows:
End Amendment Part[Removed]20. Remove § 1014.110.
End Amendment Part Start PartPART 1016—SPECIAL PROCEDURES GOVERNING THE RECOVERY OF EXPENSES BY PARTIES TO BOARD ADJUDICATORY PROCEEDINGS
End Part Start Amendment Part21. The authority citation for Part 1016 continues to read as follows:
End Amendment Part[Amended]22. In § 1016.103(a), remove the reference to “ 49 U.S.C. 10925” and add in its place “49 U.S.C. 13905” and remove the reference to “49 CFR 1100.11” and add in its place “49 CFR 1103.5”.
End Amendment Part[Amended]23. In § 1016.105:
End Amendment Part Start Amendment Parta. In paragraph (a), remove “The term `party'is defined” and add in its place “The term `party' is defined”.
End Amendment Part Start Amendment Partb. In paragraph (b)(3), remove the reference to “Internal Revenue Code of 1954” and add in its place “Internal Revenue Code of 1986”.
End Amendment Part Start Amendment Part24. Revise the first sentence of § 1016.107(b) to read as follows:
End Amendment PartAllowable fees and expenses.* * * * *(b) No award for the fee of an attorney or agent under these rules may exceed the amount specified by 5 U.S.C. 504(b)(1)(A), unless a higher fee is justified. * * *
* * * * *[Amended]25. In § 1016.202(a), remove the reference to “§ 1016.105(f)” and add in its place “§ 1016.105(e)”.
End Amendment Part Start PartPART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES
End Part Start Amendment Part26. Revise the authority citation for Part 1017 to read as follows:
End Amendment Part[Amended]27. In § 1017.9(b)(2), remove the reference to “ 5 CFR 1108” and add in its place “5 CFR 550.1109” and remove the word “provided” and add in its place “followed”.
End Amendment Part Start PartPART 1018—DEBT COLLECTION
End Part Start Amendment Part28. Revise the authority citation for Part 1018 to read as follows:
End Amendment Part Start Amendment Part29. Revise § 1018.3 to read as follows:
End Amendment PartCommunications.Unless otherwise specified, all communications concerning the regulations in this part should be addressed to the Chief, Section of Financial Services, Surface Transportation Board, Washington, DC.
[Amended]30. In § 1018.6(a), remove the reference to “ 4 CFR parts 101 through 105” and add in its place “31 CFR parts 900 through 904”.
End Amendment Part[Amended]31. In § 1018.8, remove the words “compromising or suspending or terminating collection” and add in their place “compromising, suspending, or terminating”.
End Amendment Part[Amended]32. In § 1018.20:
End Amendment Part Start Amendment Parta. In paragraph (a)(4), remove the reference to “ 4 CFR 102.13” and add in its place “31 CFR 901.9”.
End Amendment Part Start Amendment Partb. In paragraph (b)(3)(iii), remove the reference to “ 4 CFR 102.5” and add in its place “31 CFR 901.4”.
End Amendment Part Start Amendment Part33. In § 1018.25:
End Amendment Part Start Amendment Parta. In paragraph (a), remove “a certified or cashier's check or a money order” and add in its place “a certified check, cashier's check, or money order”.
End Amendment Part Start Amendment Partb. In paragraph (a), remove the words “or insurance filing fee”.
End Amendment Part Start Amendment Partc. In paragraph (b), remove the words “or insurance” wherever they appear.
End Amendment Part Start Amendment Partd. In paragraph (d), remove the words “or insurance” wherever they appear.
End Amendment Part Start Amendment Parte. In the heading of paragraph (d), remove the words “privileges or certificates,” and add in their place “privileges, certificates,”.
End Amendment Part[Amended]34. In § 1018.28:
End Amendment Part Start Amendment Parta. In paragraph (a), remove the reference to “ 4 CFR 102.2, 102.3, and 102.4” and add in its place “31 CFR 901.2 and 901.3”.
End Amendment Part Start Amendment Partb. In paragraph (b), remove the reference to “ 4 CFR 102.4” and add in its place “31 CFR 901.3(e)”.
End Amendment Part Start Amendment Partc. In paragraph (d)(1)(vi), remove the reference to “ 4 CFR 102.3(c)” and add in its place “31 CFR 901.3(e)”.
End Amendment Part[Amended]35. In § 1018.30:
End Amendment Part Start Amendment Parta. In paragraph (a), remove the reference to “ 4 CFR 102.13” and add in its place “31 CFR 901.9”.
End Amendment Part Start Amendment Partb. In paragraph (b), remove the reference to “ 4 CFR 102.2 and 102.13” and add in its place “31 CFR 901.2 and 901.9”.
End Amendment Part[Amended]36. In § 1018.51:
End Amendment Part Start Amendment Parta. In paragraph (a)(3), remove the reference to “ 4 CFR 103.4” and add in its place “31 CFR 902.2”.
End Amendment Part Start Amendment Partb. In paragraph (b), remove the reference to “ 4 CFR part 103” and add in its place “31 CFR part 902”.
End Amendment Part[Amended]37. In § 1018.72(d), remove the reference to “ 4 CFR 105.2” and add in its place “31 CFR 904.2”.
End Amendment Part Start Amendment Part38. Amend § 1018.91 as follows:
End Amendment Part Start Amendment Parta. At the end of paragraphs (b)(3) and (b)(4), remove the periods and add semicolons in their place.
End Amendment Part Start Amendment Partb. Revise paragraph (b)(7).
End Amendment Part Start Amendment Partc. In paragraph (b)(8), remove the reference to “ 26 CFR 301.6402-6T” and add in its place “26 CFR 301.6402-6”.
End Amendment PartThe revision reads as follows:
Start PartPART 1019—REGULATIONS GOVERNING CONDUCT OF SURFACE TRANSPORTATION BOARD EMPLOYEES
End Part Start Amendment Part39. The authority citation for Part 1019 continues to read as follows:
End Amendment Part[Amended]40. In § 1019.2(a), remove the title “Executive Counsel” and add in its place “General Counsel”.
End Amendment Part Start PartPART 1021—ADMINISTRATIVE COLLECTION OF ENFORCEMENT CLAIMS
End Part Start Amendment Part41. The authority citation for Part 1021 continues to read as follows:
End Amendment Part Start Amendment Part42. Revise § 1021.1 to read as follows:
End Amendment PartStandards.The regulations issued jointly by the Comptroller General of the United States and the Attorney General of the United States under section 3 of the Federal Claims Collection Act of 1966, as amended, (31 U.S.C. 3701 et seq.) and published in 31 CFR parts 900 through 904 are hereby adopted by the Surface Transportation Board for the administrative collection of enforcement claims.
PART 1034—ROUTING OF TRAFFIC
End Part Start Amendment Part43. The authority citation for Part 1034 continues to read as follows:
End Amendment Part[Amended]44. In § 1034.1:
End Amendment Part Start Amendment Parta. In paragraph (a), remove the words “submit a written or telegraphic notice” and add in their place “submit a written or electronic notice” and remove the title “Office of Compliance and Enforcement” and add in its place “Office of Public Assistance, Governmental Affairs, and Compliance”.
End Amendment Part Start Amendment Partb. In paragraph (c), remove the title “Office of Compliance and Enforcement” and add in its place “Office of Public Assistance, Governmental Affairs, and Compliance”.
End Amendment Part Start PartPART 1035—BILLS OF LADING
End Part Start Amendment Part45. The authority citation for Part 1035 continues to read as follows:
End Amendment Part Start Amendment Part46. In Appendix A to Part 1035 remove “, 19__” and add in its place “, 20____”.
End Amendment Part Start Amendment Part47. In Appendix B to Part 1035, remove “4. (a)” and add in its place “Sec. 4. (a)”.
End Amendment Part Start PartPART 1039—EXEMPTIONS
End Part Start Amendment Part48. The authority citation for Part 1039 continues to read as follows:
End Amendment Part[Removed]49. Remove § 1039.12.
End Amendment Part[Amended]50. Amend § 1039.14 by removing “.” and adding in its place “;” at the end of paragraphs (b)(1) through (4) and removing “.”and adding in its place “; and” at the end of paragraph (b)(5).
End Amendment Part[Removed]51. Remove § 1039.21.
End Amendment Part[Amended]52. In § 1039.22(a)(2), remove the reference to “ 49 U.S.C. 10713” and add in its place “49 U.S.C. 10709”, remove the reference to “49 U.S.C. 10761(a)” and add in its place “49 U.S.C. 13702(a)”, and remove the reference to “10762(a)(1)” and add in its place “13702(b)-(d)”.
End Amendment Part Start PartPART 1090—PRACTICES OF CARRIERS INVOLVED IN THE INTERMODAL MOVEMENT OF CONTAINERIZED FREIGHT
End Part Start Amendment Part53. The authority citation for Part 1090 continues to read as follows:
End Amendment Part[Amended]54. In § 1090.2, remove the reference to “ 49 U.S.C. 10505(e) and (g), 109229(1), and 10530” and add in its place “49 U.S.C. 10502(e) and (g) and 13902”.
End Amendment Part Start PartPART 1101—DEFINITIONS AND CONSTRUCTION
End Part Start Amendment Part55. The authority citation for Part 1101 continues to read as follows:
End Amendment Part[Amended]56. In § 1101.2(e)(1), remove the reference to “1130.3” and add in its place “1130.2”.
End Amendment Part Start PartPART 1102—COMMUNICATIONS
End Part Start Amendment Part57. The authority citation for Part 1102 continues to read as follows:
End Amendment Part Start Amendment Part58. In § 1102.2(c)(1) and (2), remove the words “joint board member, employee board member”.
End Amendment Part Start PartPART 1103—PRACTITIONERS
End Part Start Amendment Part59. The authority citation for Part 1103 continues to read as follows:
End Amendment Part Start Amendment Part60. In § 1103.3:
End Amendment Part Start Amendment Parta. In paragraph (d), remove the reference to “ 49 CFR 1002.2(f)(100)” and add in its place “49 CFR 1002.2(f)(99)(i)”.
End Amendment Part Start Amendment Partb. Revise paragraph (h).
End Amendment Part Start Amendment Partc. In paragraphs (l), (m), and (n), remove the reference to “ 49 CFR 1002.2(f)(100)” and add in its place “49 CFR 1002.2(f)(99)(i)”.
End Amendment Part Start Amendment Partd. Revise paragraph (o).
End Amendment PartThe revisions read as follows:
Persons not attorneys-at-law—qualifications and requirements for practice before the Board.* * * * *(h) Location of examination. Examinations will be conducted at the Board's office in Washington, DC.
* * * * *(o) Content and grading of examination. A Board staff member is responsible, under the general supervision of the Vice Chairman, for the examination of non-attorney applicants, the preparation of examination questions, and the grading of examinations. The staff member is appointed by the Chairman, with the approval of the Board. The staff member must be an attorney and must have at least two years of experience with the Board.
* * * * *[Amended]61. In § 1103.16(c), remove the words “secrets or confidence” and add in their place “secrets or confidences”.
End Amendment Part Start Amendment Part62. In § 1103.20:
End Amendment Part Start Amendment Parta. Revise paragraph (b).
End Amendment Part Start Amendment Partb. In paragraph (g), remove “in behalf of the client” and add in its place “on behalf of the client”.
End Amendment PartThe revision reads as follows:
Practitioner's fees and related practices.* * * * *(b) Compensation, commission, and rebates. A practitioner shall accept no compensation, commission, rebates, or other advantages from the parties in a proceeding other than his client without the knowledge and consent of his client after full disclosure.
* * * * *PART 1104—FILING WITH THE BOARD-COPIES-VERIFICATION-SERVICE-PLEADINGS, GENERALLY
End Part Start Amendment Part63. The authority citation for Part 1104 continues to read as follows:
End Amendment Part Start Amendment Part64. Amend § 1104.3(a) by adding the following sentence at the end of the paragraph:
End Amendment PartCopies.(a)* * * When confidential documents are filed, redacted versions must also be filed.
* * * * *65. Revise § 1104.5(c) to read as follows:
End Amendment PartAffirmation or declarations under penalty of perjury in accordance with 18 U.S.C. 1621 in lieu of oath.* * * * *(c) Knowing and willful misstatements or omissions of material facts constitute federal criminal violations punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable as perjury under 18 U.S.C. 1621.
[Amended]66. In the last sentence of § 1104.6, remove “5 p.m.” and add in its place “11:59 p.m.”
End Amendment Part Start Amendment Part67. In § 1104.12:
End Amendment Part Start Amendment Parta. Amend § 1104.12(a) by adding a sentence at the end of the paragraph.
End Amendment Part Start Amendment Partb. In the parenthetical, remove the reference to “ 49 U.S.C. 10321” and add in its place “49 U.S.C. 721”.
End Amendment PartThe addition reads as follows:
Service of pleadings and papers.(a) * * * If a document is filed with the Board through the e-filing process, a copy of the e-filed document should be emailed to other parties, or a paper copy of the document should be personally served on the other parties, but if neither email nor personal service is feasible, service of a paper copy should be by first-class or express mail.
* * * * *68. Amend § 1104.14(a) by adding a sentence at the end of the paragraph to read as follows:
End Amendment PartProtective orders to maintain confidentiality.(a) * * * When confidential documents are filed, redacted versions must also be filed.
* * * * *PART 1105—PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS
End Part Start Amendment Part69. Revise the authority citation for Part 1105 to read as follows:
End Amendment Part Start Amendment Part70. Revise § 1105.2 to read as follows:
End Amendment PartResponsibility for administration of these rules.The Director of the Office of Environmental Analysis is delegated the authority to sign, on behalf of the Board, memoranda of agreement entered into pursuant to 36 CFR 800.5(e)(4) regarding historic preservation matters. The Director of the Office of Environmental Analysis is responsible for the preparation of documents under these rules and is delegated the authority to provide interpretations of the Board's National Environmental Policy Act (NEPA) process, to render initial decisions on requests for waiver or modification of any of these rules for individual proceedings, and to recommend rejection of environmental reports not in compliance with these rules. This delegated authority shall be used only in a manner consistent with Board policy. Appeals to the Board will be available as a matter of right.
71. Revise § 1105.3 to read as follows:
End Amendment PartInformation and assistance.Information and assistance regarding the rules and the Board's environmental and historic review process is available by writing or calling the Office of Environmental Analysis.
72. In § 1105.4:
End Amendment Part Start Amendment Parta. Revise paragraph (i).
End Amendment Part Start Amendment Partb. In paragraph (j), remove the references to “SEA's” wherever they appear and add in their place “OEA's”.
End Amendment PartThe revision reads as follows:
Definitions.* * * * *(i) Office of Environmental Analysis or “OEA” means the Office that prepares the Board's environmental documents and analyses.
* * * * *[Amended]73. In § 1105.5(c)(3), remove the reference to “ 49 U.S.C. 10905” and add in its place “49 U.S.C. 10904”.
End Amendment Part[Amended]74. In § 1105.6:
End Amendment Part Start Amendment Parta. In paragraph (b)(4) introductory text, remove the reference to “49 U.S.C. Start Printed Page 885410901 or 10910” and add in its place “49 U.S.C. 10901, 10902, or 10907”, and remove the reference to “49 U.S.C. 11343” and add in its place “49 U.S.C. 11323 and 14303.”
End Amendment Part Start Amendment Partb. In paragraph (b)(5), add “and” following “environmental impacts;”.
End Amendment Part Start Amendment Partc. Remove paragraph (b)(6).
End Amendment Part Start Amendment Partd. Redesignate paragraph (b)(7) as paragraph (b)(6).
End Amendment Part Start Amendment Parte. Remove paragraph (c)(1).
End Amendment Part Start Amendment Partf. Redesignate paragraphs (c)(2) through (7) as paragraphs (c)(1) through (6).
End Amendment Part Start Amendment Partg. In newly redesignated paragraph (c)(1)(i), remove the reference to “ 49 U.S.C. 10901 or 10910” and add in its place “49 U.S.C. 10901, 10902, or 10907”, and remove the reference to “49 U.S.C. 11343” and add in its place “49 U.S.C. 11323 and 14303.”
End Amendment Part Start Amendment Parth. Remove newly redesignated paragraph (c)(1)(v).
End Amendment Part Start Amendment Parti. Further redesignate newly redesignated paragraph (c)(1)(vi) as paragraph (c)(1)(v).
End Amendment Part Start Amendment Part75. Amend § 1105.7 as follows:
End Amendment Part Start Amendment Parta. Add a sentence to the end of paragraph (a).
End Amendment Part Start Amendment Partb. In paragraph (e)(3)(iv), remove the reference “ 49 U.S.C. 10906” and add in its place “49 U.S.C. 10905”.
End Amendment PartThe addition reads as follows:
Environmental reports.(a) Filing. * * * The Environmental Report may be filed with the Board electronically.
* * * * *76. Amend § 1105.8(a) by adding a sentence at the end of the paragraph to read as follows:
End Amendment PartHistoric Reports.(a) Filing. * * * The Historic Report may be filed with the Board electronically.
* * * * *[Amended]77. In § 1105.10:
End Amendment Part Start Amendment Parta. In paragraphs (b) and (d), remove the references to “SEA” wherever they appear and add in their place “OEA”.
End Amendment Part Start Amendment Partb. In paragraph (d), remove the references to “SEA's” wherever they appear and add in their place “OEA's”.
End Amendment Part Start Amendment Partc. In paragraph (f), remove the abbreviation “CZMA” and add in its place “Coastal Zone Management Act”.
End Amendment Part[Amended]78. In the appendix to § 1105.11, remove the reference to “the Section of Environmental Analysis (SEA), Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423” and add in its place “the Office of Environmental Analysis (OEA), Surface Transportation Board, Washington, DC”.
End Amendment Part[Amended]79. In the appendix to § 1105.12:
End Amendment Part Start Amendment Parta. In the Sample Local Newspaper Notice for Out-of-Service Abandonment Exemptions:
End Amendment Part Start Amendment Parti. In the first paragraph, remove the zip code “20423”.
End Amendment Part Start Amendment Partii. In the second paragraph, remove the references to “Section of Environmental Analysis (SEA)” wherever they appear and add in their place “Office of Environmental Analysis (OEA)”; and remove the zip code “20423”.
End Amendment Part Start Amendment Partiii. In the third paragraph remove the reference to “Section of Administration, Office of Proceedings, 395 E Street, SW., Washington, DC 20423-0001” and add in its place “Office of Proceedings, Washington, DC”.
End Amendment Part Start Amendment Partb. In the Sample Local Newspaper Notice for Petitions for Abandonment Exemptions:
End Amendment Part Start Amendment Parti. In the first paragraph, remove the zip code “20423”.
End Amendment Part Start Amendment Partii. In the second paragraph, remove the references to “Section of Environmental Analysis (SEA)” wherever they appear and add in their place “Office of Environmental Analysis (OEA)”; and remove the zip code “20423”.
End Amendment Part Start Amendment Partiii. In the third paragraph remove the reference to “Section of Administration, Office of Proceedings, 395 E Street SW., Washington, DC 20423-0001” and add in its place “Office of Proceedings, Washington, DC”.
End Amendment Part Start PartPART 1110—PROCEDURES GOVERNING INFORMAL RULEMAKING PROCEEDINGS
End Part Start Amendment Part80. The authority citation for Part 1110 continues to read as follows:
End Amendment Part Start Amendment Part81. Amend § 1110.2 by revising paragraphs (b) and (c)(1) to read as follows:
End Amendment PartOpening of proceeding.* * * * *(b) Any person may petition the Board to open a proceeding to issue, amend, or repeal a rule.
* * * * *(c) * * *
(1) Be submitted, along with 15 copies, to the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, Washington DC;
* * * * *[Amended]82. In § 1110.5, remove the word “additional” and add in its place “undue”.
End Amendment Part Start PartPART 1111—COMPLAINT AND INVESTIGATION PROCEDURES
End Part Start Amendment Part83. The authority citation for Part 1111 continues to read as follows:
End Amendment Part[Amended]84. In § 1111.1:
End Amendment Part Start Amendment Parta. In paragraph (a), remove the words “at the hearing”.
End Amendment Part Start Amendment Partb. In paragraph (e), remove the reference to “ 49 CFR 1244.8” and add in its place “49 CFR 1244.9”.
End Amendment Part Start PartPART 1113—ORAL HEARING
End Part Start Amendment Part85. The authority citation for Part 1113 continues to read as follows:
End Amendment Part[Amended]86. In § 1113.2:
End Amendment Part Start Amendment Parta. In paragraph (d), remove “return on the subpoena” and add in its place “return of the subpoena”.
End Amendment Part Start Amendment Partb. In paragraph (e), remove “at whose instance” and add in its place “at whose insistence”.
End Amendment Part[Amended]87. In § 1113.3(c)(2), remove “after the close of hearing” and add in its place “after the close of the hearing”.
End Amendment Part[Amended]88. In § 1113.8, remove “in whose behalf” and add in its place “on whose behalf”.
End Amendment Part[Amended]89. In § 1113.11, remove “damage” and add in its place “damages”.
End Amendment Part Start PartPART 1114—EVIDENCE; DISCOVERY
End Part Start Amendment Part90. The authority citation for Part 1114 continues to read as follows:
End Amendment Part[Amended]91. In § 1114.21(a)(1), remove the reference to “§ 1011.6” and add in its place “§ 1011.5”.
End Amendment Part[Amended]92. In § 1114.24(g), remove “(1) Not a relative” and add in its place “(1) not a relative”.
End Amendment Part[Amended]93. In § 1114.25: Start Printed Page 8855
End Amendment Part Start Amendment Parta. In paragraph (b)(2), remove “seasonable” and add in its place “reasonable”.
End Amendment Part Start Amendment Partb. In paragraph (c), remove “Errors and irregularities” and add in its place “Objections to errors and irregularities”.
End Amendment Part[Amended]94. In § 1114.26(a), remove the reference to “§ 1114.21(b)(2)” and add in its place “§ 1114.21(a)”.
End Amendment Part[Amended]95. In § 1114.27(a), remove the reference to “§ 1114.21(b)(2)” and add in its place “§ 1114.21(a)”.
End Amendment Part Start PartPART 1115—APPELLATE PROCEDURES
End Part Start Amendment Part96. The authority citation for Part 1115 continues to read as follows:
End Amendment Part[Amended]97. In § 1115.2(b)(3), remove the words “governing precedent;” and add in their place “governing precedent; or”.
End Amendment Part Start PartPART 1118—PROCEDURES IN INFORMAL PROCEEDINGS BEFORE EMPLOYEE BOARDS
End Part Start Amendment Part98. Under the authority of 49 U.S.C. 1321, Part 1118 is removed.
End Amendment Part Start PartPART 1139—PROCEDURES IN MOTOR CARRIER REVENUE PROCEEDINGS
End Part Start Amendment Part99. Under the authority of 49 U.S.C. 1321, Part 1139 is removed.
End Amendment Part Start PartPART 1144—INTRAMODAL RAIL COMPETITION
End Part Start Amendment Part100. The authority citation for Part 1144 continues to read as follows:
End Amendment Part[Amended]101. In § 1144.2:
End Amendment Part Start Amendment Parta. In paragraph (a) introductory text, remove the reference to “ 49 U.S.C. 11102” and add in its place “49 U.S.C. 11102(c)”.
End Amendment Part Start Amendment Partb. In paragraph (a)(1), remove the reference to “and 11102” and add in its place “and 11102(c)”.
End Amendment Part Start PartPART 1146—EXPEDITED RELIEF FOR SERVICE EMERGENCIES
End Part Start Amendment Part102. The authority citation for Part 1146 continues to read as follows:
End Amendment Part[Amended]103. In § 1146.1(d)(1), remove “Carrier are” and add in its place “Carriers are”.
End Amendment Part Start PartPART 1150—CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES
End Part Start Amendment Part104. The authority citation for Part 1150 continues to read as follows:
End Amendment Part[Amended]105. In § 1150.3(h), remove the reference to “paragraphs (e) or (f)” and add in its place “paragraphs (f) or (g)”.
End Amendment Part Start Amendment Part106. In § 1150.21 revise the second sentence to read as follows:
End Amendment PartScope of rules.* * * The rail line must have been fully abandoned, or approved for abandonment by the Board or a bankruptcy court. * * *
[Amended]107. In § 1150.31(b), remove the words “and the from securities regulation at 49 CFR part 1175” and add in their place “and the exemption from securities regulation at 49 CFR part 1177”.
End Amendment Part Start Amendment Part108. In § 1150.35:
End Amendment Part Start Amendment Parta. Revise paragraph (b) introductory text.
End Amendment Part Start Amendment Partb. In paragraph (f), remove the sentence “Stay petitions must be filed within 7 days of the filing of the notion of exemption.”
End Amendment Part Start Amendment Partc. In paragraph (g), remove the reference to “§ 1150.33(g)” and add in its place “§ 1150.32(d)”.
End Amendment PartThe revision reads as follows:
Procedures and relevant dates—transactions that involve creation of Class I or Class II carriers.* * * * *(b) The notice of intent must contain all of the information required in § 1150.33, exclusive of § 1150.33(g), plus:
* * * * *[Amended]109. Remove the last sentence of § 1150.42(a).
End Amendment Part Start PartPART 1151—FEEDER RAILROAD DEVELOPMENT PROGRAM
End Part Start Amendment Part110. The authority citation for Part 1151 continues to read as follows:
End Amendment Part Start Amendment Part111. Amend § 1151.3 by revising the last sentence in paragraphs (a)(9) and (12) and revising the first sentence in paragraph (a)(14) introductory text to read as follows:
End Amendment PartContents of application.(a) * * *
(9) * * * (This statement will be binding upon applicant if the application is approved.)
* * * * *(12) * * * (This statement will be binding upon applicant if the application is approved.)
* * * * *(14) If applicant requests Board-prescribed joint rates and divisions in the feeder line proceeding, a description of any joint rate and division agreement must be included in the application. * * *
* * * * *[Amended]112. In § 1151.4(e), remove the reference to “ 49 U.S.C. 10709(d)(2)” and add in its place “49 U.S.C. 10707”.
End Amendment Part Start PartPART 1152—ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903
End Part Start Amendment Part113. The authority citation for Part 1152 continues to read as follows:
End Amendment Part Start Amendment Part114. In § 1152.30:
End Amendment Part Start Amendment Parta. In paragraph (b), remove the reference to “ 49 CFR part 1201” and add in its place “49 CFR part 1201, subpart B”.
End Amendment Part Start Amendment Partb. Revise paragraph (c)(1) to read as follows:
End Amendment PartGeneral.* * * * *(c) Final payment of financial assistance. (1) When a financial assistance agreement to subsidize is concluded, the final payment will be adjusted to reflect the actual revenues derived, avoidable costs incurred, and value of the properties used in the subsidy year.
* * * * *[Amended]115. In § 1152.32:
End Amendment Part Start Amendment Parta. In paragraph (j)(4), remove the reference to “paragraphs (f)(2) or (3)” and add in its place “paragraphs (j)(2) or (3)”.
End Amendment Part Start Amendment Partb. In paragraph (o) introductory text, remove the words “depreciation cost” and add in their place “depreciation expense”.
End Amendment Part Start Part Start Printed Page 8856PART 1180—RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES
End Part Start Amendment Part116. The authority citation for Part 1180 continues to read as follows:
End Amendment Part[Amended]117. In § 1180.3(h), remove the reference to “1180.4(d)(4)(ii)” and add in its place “1180.4(d)(2)”.
End Amendment Part Start Amendment Part118. In § 1180.4(c)(8), revise the last sentence of the paragraph to read as follows:
End Amendment PartProcedures* * * * *(c) * * *
(8) * * * See Railroad Consolidation Procedures, 363 I.C.C. 767 (1980).
* * * * *PARTS 1240-1259—REPORTS
End Part Start Amendment Part119. Revise the note for Parts 1240-1259 to read as follows:
End Amendment PartNote:
The report forms prescribed by parts 1240-1259 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Start PartPART 1241—ANNUAL, SPECIAL, OR PERIODIC REPORTS—CARRIERS SUBJECT TO PART I OF THE INTERSTATE COMMERCE ACT
End Part Start Amendment Part120. The authority citation for Part 1241 continues to read as follows:
End Amendment Part Start Amendment Part121. Revise the note for Part 1241 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1241 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
[Amended]122. In § 1241.11(a), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics” and remove the zip code “20423”.
End Amendment Part[Amended]123. In § 1241.15, remove the title “Bureau of Accounts” and add in its place “Office of Economics” and remove the zip code “20423”.
End Amendment Part Start PartPART 1242—SEPARATION OF COMMON OPERATING EXPENSES BETWEEN FREIGHT SERVICE AND PASSENGER SERVICE FOR RAILROADS
End Part Start Amendment Part124. The authority citation for Part 1242 continues to read as follows:
End Amendment Part Start Amendment Part125. Revise the note for Part 1242 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1242 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Start Amendment Part126. In the note to § 1242.87, remove the title “Bureau of Accounts” and add in its place “Office of Economics”.
End Amendment Part Start PartPART 1243—QUARTERLY OPERATING REPORTS—RAILROADS
End Part Start Amendment Part127. The authority citation for Part 1243 continues to read as follows:
End Amendment Part Start Amendment Part128. Revise the note for Part 1243 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1243 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Start Amendment Part129. In § 1243.1, revise the last sentence to read as follows:
End Amendment PartRevenues, expenses and income.* * * Such quarterly reports shall be submitted, in paper or electronically, to the Office of Economics, Surface Transportation Board, Washington, DC, within 30 days after the end of the quarter to which they relate.
130. In § 1243.2, revise the last sentence to read as follows:
End Amendment PartCondensed balance sheet.* * * Such quarterly reports shall be submitted, in paper or electronically, to the Office of Economics, Surface Transportation Board, Washington, DC, within 30 days after the end of the quarter to which they relate.
131. In § 1243.3, revise the last sentence of the introductory text to read as follows:
End Amendment PartReport of fuel cost, consumption, and surcharge revenue.* * * Such reports shall be submitted, in paper or electronically, to the Office of Economics, Surface Transportation Board, Washington, DC, within 30 days after the end of the quarter reported.
PART 1244—WAYBILL ANALYSIS OF TRANSPORTATION OF PROPERTY—RAILROADS
End Part Start Amendment Part132. The authority citation for Part 1244 continues to read as follows:
End Amendment Part[Amended]133. In § 1244.3(b)(4), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics” and remove the zip code “20423-0001”.
End Amendment Part[Amended]134. In § 1244.9:
End Amendment Part Start Amendment Parta. In paragraph (a), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics”.
End Amendment Part Start Amendment Partb. In paragraph (d)(2), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics”.
End Amendment Part Start Amendment Partc. In paragraph (d)(3)(ii), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics” and remove the zip code “20423”.
End Amendment Part Start Amendment Partd. In paragraph (d)(4)(i), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics”.
End Amendment Part Start Amendment Parte. In paragraph (e)(2), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics” and remove the zip code “20423”.
End Amendment Part Start Amendment Partf. In paragraph (f)(4), remove the title “OTA” and add in its place “Office of Economics”.
End Amendment Part Start Amendment Partg. In paragraph (g)(3), remove the title “Office of Economics, Environmental Analysis, and Administration” and add in its place “Office of Economics” and remove the zip code “20423”.
End Amendment Part Start PartPART 1245—CLASSIFICATION OF RAILROAD EMPLOYEES; REPORTS OF SERVICE AND COMPENSATION
End Part Start Amendment Part135. The authority citation for Part 1245 continues to read as follows:
End Amendment Part Start Amendment Part136. Revise the note for Part 1245 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1245 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Start Amendment Part137. Revise § 1245.2 to read as follows:
End Amendment PartStart Printed Page 8857Start PartReports of railroad employees, service and compensation.Each Class I railroad is required to file a Quarterly Report of Railroad Employees, Service, and Compensation, (Quarterly Wage Forms A & B). In addition, such carriers shall also file an Annual Report of Railroad Employees, Service, and Compensation, (Annual Wage Forms A & B) for each calendar year. Both reports shall be submitted, in paper or electronically, to the Office of Economics, Surface Transportation Board, Washington, DC. The quarterly report shall be submitted within 30 days after the end of each calendar quarter. The annual report shall be submitted within 45 days after the end of the reporting year.
PART 1246—NUMBER OF RAILROAD EMPLOYEES
End Part Start Amendment Part138. The authority citation for Part 1246 continues to read as follows:
End Amendment Part Start Amendment Part139. Revise § 1246.1 to read as follows:
End Amendment PartMonthly report of number of railroad employees.Each Class I railroad shall file a Monthly Report of Number of Railroad Employees (Form C) each month. The report should be submitted, in paper or electronically, to the Office of Economics, Surface Transportation Board, Washington, DC, by the end of the month to which it applies.
140. Revise the note for part 1246 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1246 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Start PartPART 1247—REPORT OF CARS LOADED AND CARS TERMINATED
End Part Start Amendment Part141. The authority citation for Part 1247 continues to read as follows:
End Amendment Part[Amended]142. In § 1247.1:
End Amendment Part Start Amendment Parta. Remove the title “Office of Economics, Environmental Analysis, and Administration (OEEAA)” and add in its place “Office of Economics”.
End Amendment Part Start Amendment Partb. Remove the zip code “20243”.
End Amendment Part Start Amendment Partc. In the last sentence, remove “( http://www.stb.dot.gov/infoex1.htm#forms)” and add in its place “(http://www.stb.dot.gov)”.
End Amendment Part Start Amendment Partd. Remove “OEEAA” and add in its place “the Office of Economics”.
End Amendment Part Start PartPART 1248—FREIGHT COMMODITY STATISTICS
End Part Start Amendment Part143. The authority citation for Part 1248 continues to read as follows:
End Amendment Part Start Amendment Part144. Revise the note for Part 1248 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1248 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Start Amendment Part145. In § 1248.5(a), revise the first sentence to read as follows:
End Amendment PartReport forms and date of filing.(a) Reports required from Class I carriers by this section shall be submitted, in paper or electronically, to the Office of Economics, Surface Transportation Board, Washington, DC, on forms which will be furnished to the carriers. * * *
* * * * *PART 1253—RATE-MAKING ORGANIZATION; RECORDS AND REPORTS
End Part Start Amendment Part146. The authority citation for Part 1253 continues to read as follows:
End Amendment Part Start Amendment Part147. Revise the note for Part 1253 to read as follows:
End Amendment PartNote:
The report forms prescribed by part 1253 are available upon request from the Office of Economics, Surface Transportation Board, Washington, DC.
Note:
The following comment will not appear in the Code of Federal Regulations.
COMMISSIONER BEGEMAN, commenting:
It is disappointing that today's decision is all we can muster up more than four years after receiving public comments on whether any of the Board's regulations are “ineffective, insufficient, or excessively burdensome, and how to modify, streamline, expand, or repeal them. . . .” I certainly don't object to replacing obsolete references and correcting spelling and other errors, but we should be doing so as a matter of course. Today's decision is simply not responsive to what we set out to do in 2011. Nor does it meet the spirit—let alone achieve the purpose—of the President's two Executive Orders.
End Supplemental InformationFootnotes
1. We recognize that the recently enacted Surface Transportation Board Reauthorization Act of 2015, Pub. L. 114-110, recodifies provisions of title 49, United States Code. To the extent those provisions are referenced in our regulations, the Board will address those and other changes to the Code of Federal Regulations stemming from that Act at a later date.
Back to Citation2. These changes were proposed in Accelerating Reporting Requirements for Class I Railroads, EP 701 (STB served July 8, 2015).
Back to Citation[FR Doc. 2016-03298 Filed 2-22-16; 8:45 am]
BILLING CODE 4915-01-P
Document Information
- Effective Date:
- 3/25/2016
- Published:
- 02/23/2016
- Department:
- Surface Transportation Board
- Entry Type:
- Rule
- Action:
- Final rules.
- Document Number:
- 2016-03298
- Dates:
- Effective March 25, 2016.
- Pages:
- 8848-8857 (10 pages)
- Docket Numbers:
- Docket No. EP 712
- Topics:
- Administrative practice and procedure, Agricultural commodities, Authority delegations (Government agencies), Buses, Civil rights, Claims, Common carriers, Confidential business information, Conflict of interests, Environmental impact statements, Equal access to justice, Equal employment opportunity, Federal buildings and facilities, Freedom of information, Freight, Freight forwarders, Government employees, Income taxes, Individuals with disabilities, Intermodal transportation, Investigations, ...
- PDF File:
- 2016-03298.pdf
- CFR: (92)
- 49 CFR 1001.3
- 49 CFR 1002.2
- 49 CFR 1005.5
- 49 CFR 1007.6
- 49 CFR 1011.2
- More ...