Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58365

1See Revision of Regulations for Interlocking Rail 

Officers, 1 S.T.B. 1087, 1099 (1996).

2 Id.

3Revision of Authority Citations, 2 S.T.B. 622, 

623 (1997) (footnote omitted).

Issued on: September 24, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–21978 Filed 9–29–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

49 CFR Parts 1039, 1101, 1105, 1150, 

1185, and 1201 

[STB Ex Parte No. 652] 

Revision of Exemption Authority 

Citations.

AGENCY: Surface Transportation Board, 

Transportation.

ACTION: Final rule.

SUMMARY: The Surface Transportation 

Board (Board or STB) is amending its 

regulations to change incorrect citations 

to its authority to exempt rail 

transportation, and to update 

miscellaneous references. The Board is 

also making changes to its authority 

citations.

DATES: These rules are effective on 

September 30, 2004.

FOR FURTHER INFORMATION CONTACT: John 

Sado, (202) 565–1661. [Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.]

SUPPLEMENTARY INFORMATION: The ICC 

Termination Act of 1995, Public Law 

104–88, 109 Stat. 803 (ICCTA), 

recodified former 49 U.S.C. 10505 as 49 

U.S.C. 10502 with minor changes. This 

section deals with the authority of the 

Board to exempt railroad transportation. 

A number of the Board’s regulations still 

refer to 49 U.S.C. 10505. Accordingly, 

the Board will correct those citations. 

Four rules refer to ‘‘former 49 U.S.C. 

10505’’. See 49 CFR 1185.1(b), 

1185.5(b), 1300.1(d), and 1313.1(b). 

These citations to former section 10505 

are appropriate and will not be changed. 

However, section 1185.5(b) refers ‘‘to an 

exemption authorized by the STB under 

former 49 U.S.C. 10505.* * *’’ The 

reference to the STB rather than the 

Interstate Commerce Commission (ICC) 

is incorrect; when the regulation was 

issued, it correctly stated ‘‘ICC’’ rather 

than ‘‘STB’’.1 Similarly, in section 

1185.5(a) there is another instance 

where ‘‘STB’’ is incorrectly used in lieu 

of ‘‘ICC’’, this time in reference to 

former 49 U.S.C. 11343–44.2 The Board 

will change both references to read 

‘‘ICC’’.

In section 1150.1(a), there is a 

reference to ‘‘49 U.S.C. 11343’’. ICCTA 

recodified former section 11343 as 

section 11323. Accordingly, that 

reference will be updated to read ‘‘49 

U.S.C. 11323’’. References to outdated 

telephone numbers in section 1105.12 

will also be removed. 

The authority citations in Part 1105 

will be modified to more accurately 

reference the provisions that authorize 

agencies to comply with the Coastal 

Zone Management Act (16 U.S.C. 1451 

et seq.) and the Endangered Species Act 

(16 U.S.C. 1531 et seq.). The new 

language will reference 16 U.S.C. 1456 

and 1536, respectively, rather than 16 

U.S.C. 1451 (definitions) and 1531 

(definitions and policy). Also, for 

clarity, the parenthetical to the reference 

to 49 U.S.C. 701 note (1995) will be 

modified to read ‘‘(Savings Provisions)’’. 

The Board is also revising certain 

authority citations that cite the 

Administrative Procedure Act (APA). 

APA references are being removed 

where ‘‘the APA does not provide an 

independent basis of authority.’’3

Finally, the Board will not presently 

make corrections in two sections: 49 

CFR 1039.17 and 1090.2. Section 

1039.17 deals with the exemption of 

contracts for protective services. The 

regulations at 49 CFR 1090.2 concern 

the exemption of rail and highway 

trailer-on-flatcar/container-on-flatcar 

service. The Board will not here update 

references in these sections because 

more significant changes may have to be 

made to them. Thus, these changes will 

be considered in separate proceedings. 

Because these rule changes revise 

regulations to provide updated statutory 

references and make revisions that are 

not substantive, good cause is found to 

dispense with notice and comment. See

5 U.S.C. 553(b)(B). Moreover, good 

cause is found for making these rules 

effective on less than 30 days’ notice 

under 5 U.S.C. 553(d) to change the 

incorrect references as soon as possible. 

The Board certifies that these changes 

in the rules will not have a significant 

impact on a substantial number of small 

entities. 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 1039 

Agricultural commodities, Intermodal 

transportation, and Railroads. 

49 CFR Part 1101 

Administrative practice and 

procedure. 

49 CFR Part 1105 

Environmental Impact Statements, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 1150 

Administrative practice and 

procedure, Railroads. 

49 CFR Part 1185 

Administrative practice and 

procedure, Antitrust, and Railroads. 

49 CFR Part 1201 

Railroads, Uniform System of 

Accounts.

Decided: September 24, 2004.

By the Board, Chairman Nober, Vice 

Chairman Mulvey, and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary.

■ For the reasons set forth in the 

preamble, Parts 1039, 1101, 1105, 1150, 

and 1185 of title 49, chapter X, of the 

Code of Federal Regulations are 

amended as follows:

PART 1039—EXEMPTIONS

■ 1. The authority citation for Part 1039 

is revised to read as follows:

Authority: 49 U.S.C. 10502, 13301.

§ 1039.10 [Amended]

■ 2. In § 1039.10, remove the reference 

‘‘10505’’ in the text following the table, 

and in its place add ‘‘10502’’.

§ 1039.20 [Amended]

■ 3. In § 1039.20, remove the reference 

‘‘10505’’ and in its place add ‘‘10502’’.

PART 1101—DEFINITIONS AND 

CONSTRUCTION

■ 4. The authority citation for Part 1101 

continues to read as follows:

Authority: 49 U.S.C. 721.

§ 1101.2 [Amended]

■ 5. In § 1101.2(e)(5) remove the 

reference ‘‘10505’’ and in its place add 

‘‘10502’’.

PART 1105—PROCEDURES FOR 

IMPLEMENTATION OF 

ENVIRONMENTAL LAWS

■ 6. The authority citation for Part 1105 

is revised to read as follows:

Authority: 16 U.S.C. 470f, 1456, and 1536; 

42 U.S.C. 4332 and 6362(b); and 49 U.S.C. 

701 note (1995) (Savings Provisions), 721(a), 

10502, and 10903–10905.

58366 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 

§ 1105.7 [Amended]

■ 7. In § 1105.7(e)(5)(i)(C) and 

(e)(5)(ii)(C) remove the reference 

‘‘10505’’ and in its place add ‘‘10502’’.

Appendix to § 1105.12 [Amended]

■ 8. In the appendix to § 1105.12, in the 

second sample newspaper notice remove 

the reference ‘‘10505’’ and in its place 

add ‘‘10502’’, and in both sample 

newspaper notices remove ‘‘202–927–

6211.’’ and in its place add ‘‘[INSERT 

TELEPHONE NUMBER].’’

PART 1150—CERTIFICATE TO 

CONSTRUCT, ACQUIRE, OR OPERATE 

RAILROAD LINES

■ 9. The authority citation for Part 1150 

is revised to read as follows:

Authority: 49 U.S.C. 721(a), 10502, 10901, 

and 10902.

§ 1150.1 [Amended]

■ 10. In § 1150.1(a) remove the reference 

‘‘49 U.S.C. 11343’’ and in its place add 

‘‘49 U.S.C. 11323’’, and remove the 

reference ‘‘10505’’ and in its place add 

‘‘10502’’.

§ 1150.32 [Amended]

■ 11. In § 1150.32(c) remove the 

reference ‘‘10505(d)’’ and in its place add 

‘‘10502(d)’’.

§ 1150.34 [Amended]

■ 12. In § 1150.34 remove the reference 

‘‘10505(d)’’ in the concluding paragraph, 

and in its place add ‘‘10502(d)’’.

§ 1150.35 [Amended]

■ 13. In § 1150.35(f) remove the 

reference ‘‘10505(d)’’ and in its place add 

‘‘10502(d)’’.

PART 1185—INTERLOCKING 

OFFICERS

■ 14. The authority citation for Part 1185 

is revised to read as follows:

Authority: 49 U.S.C. 721, 10502, and 

11328.

§ 1185.5 [Amended]

■ 15. In § 1185.5(a) remove the first 

reference to ‘‘STB’’ and in its place add 

‘‘ICC’’, and in paragraph (b) remove the 

first reference to ‘‘STB’’ and in its place 

add ‘‘ICC’’.

PART 1201—RAILROAD COMPANIES

■ 16. The authority citation for Part 1201 

is revised to read as follows:

Authority: 49 U.S.C. 11142 and 11164.

[FR Doc. 04–21798 Filed 9–29–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

49 CFR Part 1114 

[STB Ex Parte No. 638] 

Procedures To Expedite Resolution of 

Rail Rate Challenges To Be 

Considered Under the Stand-Alone 

Cost Methodology

AGENCY: Surface Transportation Board, 

Transportation.

ACTION: Final rule.

SUMMARY: The Surface Transportation 

Board is amending its regulations 

regarding discovery procedures to 

correct an inadvertent omission.

DATES: These rules are effective on 

September 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Jamie Rennert, (202) 565–1566. [Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.]

SUPPLEMENTARY INFORMATION: In 

Procedures to Expedite Resolution of 

Rail Rate Challenges to Be Considered 

Under the Stand-Alone Cost 

Methodology, STB Ex Parte No. 638 

(STB served Apr. 3, 2003, and published 

Apr. 9, 2003 (68 FR 17312)), the Board 

revised the procedures at 49 CFR 

1114.31 dealing with discovery disputes 

in rail rate challenge cases considered 

under the stand-alone cost 

methodology. As relevant here, the 

Board added four numbered paragraphs 

(a)(1)–(4) to § 1114.31(a) to expedite the 

discovery process. However, in the 

course of formatting these amendments 

for publication in the Federal Register, 

the Board inadvertently omitted thenexisting § 1114.31(a), which was to be 

retained as the introductory paragraph 

to new paragraphs (a)(1)–(4). As a result, 

§ 1114.31(a) is being revised to 

reincorporate the omitted paragraph. To 

comply with Federal Register form, we 

are also changing ‘‘section 1104.13’’ to 

‘‘49 CFR 1104.13’’ in paragraph (a)(1), 

and changing ‘‘subparagraph (a)(3)’’ to 

‘‘paragraph (a)(3)’’ in paragraph (a)(4). 

Because this rule change simply 

corrects a technical error that occurred 

during the prior rule change and makes 

other technical changes to conform with 

Federal Register form, it will be issued 

as a final rule without requesting public 

comment. See 5 U.S.C. 553(b)(A). 

Moreover, there is good cause to make 

this rule effective on less than 30 days’

notice in order to correct the regulation 

as soon as possible. See 5 U.S.C. 553(d). 

The Board certifies that the rule will 

not have a significant impact on a 

substantial number of small entities. 

This action will not significantly affect 

either the quality of the human 

environment or the conservation of 

energy resources.

List of Subjects in 49 CFR Part 1114 

Administrative practice and 

procedure.

Decided: September 24, 2004. 

By the Board, Chairman Nober, Vice 

Chairman Mulvey, and Commissioner 

Buttrey.

Vernon A. Williams, 

Secretary.

■ For the reasons set forth in the 

preamble, Part 1114 of title 49, chapter 

X, of the Code of Federal Regulations is 

amended as follows:

PART 1114—EVIDENCE; DISCOVERY

■ 1. The authority citation for Part 1114 

continues to read as follows:

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

§ 1114.31 [Amended]

■ 2. Revise § 1114.31(a) to read as 

follows:

§ 1114.31 Failure to respond to discovery. 

(a) Failure to answer. If a deponent 

fails to answer or gives an evasive 

answer or incomplete answer to a 

question propounded under 

§ 1114.24(a), or a party fails to answer 

or gives evasive or incomplete answers 

to written interrogatories served 

pursuant to § 1114.26(a), the party 

seeking discovery may apply for an 

order compelling an answer by motion 

filed with the Board and served on all 

parties and deponents. Such motion to 

compel an answer must be filed with 

the Board and served on all parties and 

deponents. Such motion to compel an 

answer must be filed with the Board 

within 10 days after the failure to obtain 

a responsive answer upon deposition, or 

within 10 days after expiration of the 

period allowed for submission of 

answers to interrogatories. On matters 

relating to a deposition on oral 

examination, the proponent of the 

question may complete or adjourn the 

examination before he applies for an 

order. 

(1) Reply to motion to compel 

generally. Except in rate cases to be 

considered under the stand-alone cost 

methodology, the time for filing a reply 

to a motion to compel is governed by 49 

CFR 1104.13. 

(2) Reply to motion to compel in 

stand-alone cost rate cases. A reply to 

a motion to compel must be filed with 

the Board within 10 days thereafter in 

a rate case to be considered under the 

stand-alone cost methodology.