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. 

Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58367

(3) Conference with parties on motion 

to compel. Within 5 business days after 

the filing of a reply to a motion to 

compel in a rate case to be considered 

under the stand-alone cost 

methodology, Board staff may convene 

a conference with the parties to discuss 

the dispute, attempt to narrow the 

issues, and gather any further 

information needed to render a ruling. 

(4) Ruling on motion to compel in 

stand-alone cost rate cases. Within 5 

business days after a conference with 

the parties convened pursuant to 

paragraph (a)(3) of this section, the 

Secretary will issue a summary ruling 

on the motion to compel discovery in a 

stand-alone cost rate case. If no 

conference is convened, the Secretary 

will issue this summary ruling within 

10 business days after the filing of the 

reply to the motion to compel. Appeals 

of a Secretary’s ruling will proceed 

under 49 CFR 1115.9, and the Board 

will attempt to rule on such appeals 

within 20 days after the filing of the 

reply to the appeal.

* * * * *

[FR Doc. 04–21799 Filed 9–29–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031125292–4061–02; I.D. 

092404A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore Component 

in the Central Regulatory Area of the 

Gulf of Alaskas

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to fully 

use the 2004 B season total allowable 

catch (TAC) of Pacific cod specified for 

vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 28, 2004, 

through 2400 hrs, A.l.t., December 31, 

2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679.

NMFS closed the directed fishery for 

Pacific cod by vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA under 

§ 679.20(d)(1)(iii) on September 10, 

2004 (69 FR 55361, September 14, 

2004).

NMFS has determined that 

approximately 730 mt of Pacific cod 

remain in the 2004 B season directed 

fishing allowance. Therefore, in 

accordance with §§ 679.25(a)(2)(i)(C) 

and (a)(2)(iii)(D), and to fully utilize the 

2004 B season TAC of Pacific cod 

specified for vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA, NMFS is terminating 

the previous closure and is reopening 

directed fishing for Pacific cod by 

vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area of the GOA 

effective 1200 hrs, A.l.t., September 28, 

2004.

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of the fishery under 

the Pacific cod 2004 B season TAC 

specified for vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA.

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment.

This action is required by §§ 679.20 

and 679.25 and is exempt from review 

under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: September 24, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–21936 Filed 9–27–04; 1:53 pm]

BILLING CODE 3510–22–S