Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Proposed Rules 76943 

An agenda showing the scheduling of 

the speakers will be prepared after the 

deadline for receiving outlines has 

passed. Copies of the agenda will be 

available free of charge at the hearing. 

Drafting Information 

The principal author of these 

regulations is Emily M. Lesniak, Office 

of the Associate Chief Counsel 

(Procedure and Administration). 

List of Subjects in 26 CFR Part 300 

Reporting and recordkeeping 

requirements, User fees. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 300 is 

proposed to be amended as follows: 

PART 300—USER FEES 

Paragraph 1. The authority citation 

for part 300 continues to read in part as 

follows: 

Authority: 31 U.S.C. 9701. 

Par. 2. Section 300.0 is amended by: 

1. Redesignating paragraph (b)(9) as 

paragraph (b)(12). 

2. Adding new paragraph (b)(9). 

3. Adding paragraphs (b)(10) and 

(b)(11). 

The additions and revisions read as 

follows. 

§ 300.0 User fees; in general. 

* * * * * 

(b) * * * 

(9) Taking the special enrollment 

examination to become an enrolled 

retirement plan agent. 

(10) Enrolling an enrolled retirement 

plan agent. 

(11) Renewing the enrollment of an 

enrolled retirement plan agent. 

* * * * * 

Par. 3. Section 300.4 is amended by 

revising the heading to read as follows: 

§ 300.4 Enrolled agent special enrollment 

examination fee. 

* * * * * 

Par. 4. Section 300.5 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.5 Enrollment of enrolled agent fee. 

* * * * * 

(b) Fee. The fee for initially enrolling 

as an enrolled agent with the IRS Office 

of Professional Responsibility is $30. 

* * * * * 

(d) Effective/applicability date. This 

section is applicable the date that final 

regulations are published in the Federal 

Register. 

Par. 5. Section 300.6 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.6 Renewal of enrollment of enrolled 

agent fee. 

* * * * * 

(b) Fee. The fee for renewal of 

enrollment as an enrolled agent with the 

IRS Office of Professional Responsibility 

is $30. 

* * * * * 

(d) Effective/applicability date. This 

section is applicable the date that final 

regulations are published in the Federal 

Register. 

§ 300.9 [Redesignated as § 300.12] 

Par. 6. Redesignate § 300.9 as 

§ 300.12. 

Par. 7 Add new § 300.9 to read as 

follows: 

§ 300.9 Enrolled retirement plan agent 

special enrollment examination fee. 

(a) Applicability. This section applies 

to the special enrollment examination to 

become an enrolled retirement plan 

agent pursuant to 31 CFR 10.4(b). 

(b) Fee. The fee for taking the enrolled 

retirement plan agent special enrollment 

examination is $11 per part, which is 

the cost to the government for 

overseeing the examination and does 

not include any fees charged by the 

administrator of the examination. 

(c) Person liable for the fee. The 

person liable for the enrolled retirement 

plan agent special enrollment 

examination fee is the applicant taking 

the examination. 

(d) Effective/applicability date. This 

section is applicable the date that final 

regulations are published in the Federal 

Register. 

Par. 7. Section 300.10 is added to read 

as follows: 

§ 300.10 Enrollment of enrolled retirement 

plan agent fee. 

(a) Applicability. This section applies 

to the initial enrollment of enrolled 

retirement plan agents with the IRS 

Office of Professional Responsibility 

pursuant to 31 CFR 10.5(b). 

(b) Fee. The fee for initially enrolling 

as an enrolled retirement plan agent 

with the IRS Office of Professional 

Responsibility is $30. 

(c) Person liable for the fee. The 

person liable for the enrollment fee is 

the applicant filing for enrollment as an 

enrolled retirement plan agent with the 

IRS Office of Professional 

Responsibility. 

(d) Effective/applicability date. This 

section is applicable the date that final 

regulations are published in the Federal 

Register. 

Par. 8. Section 300.11 is added to read 

as follows: 

§ 300.11 Renewal of enrollment of enrolled 

retirement plan agent fee. 

(a) Applicability. This section applies 

to the renewal of enrollment of enrolled 

retirement plan agents with the IRS 

Office of Professional Responsibility 

pursuant to 31 CFR 10.5(b). 

(b) Fee. The fee for renewal of 

enrollment as an enrolled retirement 

plan agent with the IRS Office of 

Professional Responsibility is $30. 

(c) Person liable for the fee. The 

person liable for the renewal of 

enrollment fee is the person renewing 

enrollment as an enrolled retirement 

plan agent with the IRS Office of 

Professional Responsibility. 

(d) Effective/applicability date. This 

section is applicable the date that final 

regulations are published in the Federal 

Register. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2010–31033 Filed 12–7–10; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0794] 

RIN 1625–AA11 

Regulated Navigation Area; Hudson 

River South of the Troy Locks, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a Regulated Navigation Area 

(RNA) on the navigable waters of the 

Hudson River in New York, south of the 

Troy Locks. This action is necessary to 

promote navigational safety, provide for 

the safety of life and property, and 

facilitate the reasonable demands of 

commerce. This action would impose 

restrictions on vessels operating within 

the waters of the Hudson River south of 

the Troy Locks when ice is a threat to 

navigation. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before January 10, 2011. Requests for 

public meetings must be received by the 

Coast Guard on or before December 27, 

2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0794 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
76944 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Proposed Rules 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Chief Warrant Officer 

Kary Moss, Coast Guard Sector New 

York Waterways Management Division; 

telephone 718–354–4117, e-mail 

Kary.L.Moss@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0794), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0794’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 8c by 11 

inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0794’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before December 27, 2010 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Basis and Purpose 

Historically ice has been an 

impediment to navigation during certain 

times of the year on the navigable 

waters of the Hudson River south of the 

Troy Locks. West Point, Crum Elbow, 

Esopus Meadows, Stuyvesant 

Anchorage, Hudson Anchorage, Silver 

Point, and Hyde Park are all natural 

choke points on the Hudson River 

where ice buildup has the potential to 

severely restrict vessel traffic. 

There are several situations faced by 

vessels during severe winter conditions 

that can place the vessels, passengers, 

and crew in great danger including 

being beset in the ice and ice accretion, 

where ice forms on the superstructure 

and decks of transiting vessels thereby 

affecting the vessel’s stability. Ice may 

also cause significant damage to 

propellers, rudders, and hull plating. 

The formation of ice on the Hudson 

River is subject to many variables and 

is not consistent from year to year. 

During a moderate or severe winter, the 

frozen waterways may impede a vessel’s 

ability to maneuver. Once ice build-up 

begins it can affect the transit of vessels 

on the navigable waterways. In addition 

a vessel’s watertight integrity may also 

be compromised by ice abrasion and ice 

pressure on the vessel’s hull. 

Ice floes on the navigable waterways 

may also cause visual aids to navigation 

to become submerged, destroyed, or 

moved off station. Ice conditions on the 

navigable waterways may create 

hazardous conditions in which the 

operations of certain vessels become 

unsafe. 

Previous ice seasons have shown that 

vessels with less than 3000 horsepower, 

while engaged in towing operations, 

have significant difficulty transiting the 

Hudson River in locations where ice 

thickness is on average eight inches or 

greater. This difficulty in transiting the 

Hudson River during ice buildup poses 

a safety threat to the environment and 

a potential hazard to navigation. 

It sometimes becomes necessary to 

impose operating restrictions to ensure 

the safe navigation of vessels. During 

the 2009–2010 ice navigation season the 

Coast Guard promulgated a Temporary 

Final Rule that established an RNA for 

that period. That rule established 

restrictions similar to those that the 

Coast Guard proposes in this rule. This 

proposed rule allows the Coast Guard to 

restrict and manage vessel movement 

when hazardous ice conditions exist 

within a specified area of the Hudson 

River. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Proposed Rules 76945 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a Regulated Navigation Area on the 

navigable waters of the Hudson River 

south of the Troy Locks. The Regulated 

Navigation Area is intended to restrict 

vessels with less than 3000 horsepower 

(HP) engaged in towing operations from 

operating on the Hudson River south of 

the Troy Locks when ice thickness is on 

average eight inches or greater, unless 

authorized by the Captain of the Port 

(COTP) New York or a designated 

representative. 

The COTP New York will notify 

mariners of the location and thickness 

of the ice as well as any restrictions via 

marine broadcast, Local Notices to 

Mariners, and VTS New York. For the 

purpose of this rule, the definition of 

horsepower in 46 CFR 10.107 applies. 

When the ice thickness reaches an 

average of eight inches or greater on the 

Hudson River along reported routes, 

vessels of less than 3,000 HP engaged in 

towing operations would not be 

authorized to transit unless in 

conjunction with scheduled Coast 

Guard icebreaking operations in the 

area, or operating with an assist tug or 

as part of a convoy, or specifically 

authorized by the COTP New York. 

Operators of vessels that do not meet 

the criteria of the operating restrictions, 

but who believe that they have the 

capability to operate in ice safely, may 

seek a waiver from the COTP New York 

to continue operating. Waivers may be 

requested by calling telephone number 

(718) 354–4356 or on VHF channel 13 

or 16. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below, we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The Coast Guard’s implementation of 

the proposed Regulated Navigation Area 

will only be enforced at the location on 

the navigable waters of the Hudson 

River south of the Troy Locks where ice 

conditions on average are eight inches 

or greater, and only restrict vessels that 

are less than 3,000 horsepower while 

engaged in towing operations. 

Before the effective period, the Coast 

Guard will issue maritime advisories 

widely available to users of the 

navigable waters of the Hudson River. 

Furthermore, vessels affected by this 

restriction may be authorized to transit 

the zone with permission of the Captain 

of the Port New York. Requests to transit 

may be made by calling telephone 

number (718) 354–4356 or on VHF 

channel 13 or 16. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule will affect 

the following entities, some of which 

may be small entities: The owners and 

operators of tugs with engines below 

3,000 total horsepower attempting to 

transit the Hudson River in cold 

weather months when ice thickness is 

on average eight inches or greater. 

This RNA would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Tugs with less 

than 3,000 total horsepower have 

historically been unable to transit the 

Hudson River when ice thickness is on 

average eight inches or greater. 

Operators have generally taken these 

vessels out of service or use vessels that 

are capable of operating in such 

conditions. Before the effective period, 

the Coast Guard will issue maritime 

advisories widely available to users of 

the river. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub.L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, contact CWO Kary Moss at 

718–354–4117. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
76946 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Proposed Rules 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

Tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a Regulated 

Navigation Area restricting tugs with 

less than 3,000 total horsepower from 

transiting the Hudson River when ice 

thickness is on average eight inches or 

greater. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.165 to read as follows: 

§ 165.165 Regulated Navigation Area; 

Hudson River south of the Troy Locks, New 

York. 

(a) Regulated navigation area. All 

navigable waters of the Hudson River 

south of the Troy Locks. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer, or a Federal, 

State, or local law enforcement officer 

designated by or assisting the Captain of 

the Port (COTP) New York. 

(2) Horsepower (HP) means the total 

maximum continuous shaft horsepower 

of all the vessel’s main propulsion 

machinery. 

(c) Applicability. This section applies 

to tugs with less than 3,000 horsepower 

when engaged in towing operations. 

(d) Regulations. (1) Except as 

provided in paragraph (c)(3) of this 

section, vessels less than 3,000 

horsepower while engaged in towing 

operations are not authorized to transit 

that portion of the Hudson River south 

of the Troy Locks when ice thickness on 

average is eight inches or greater. 

(2) All Coast Guard assets enforcing 

this Regulated Navigation Area can be 

contacted on VHF marine band radio, 

channel 13 or 16. The COTP can be 

contacted at (718) 354–4356, and the 

public may contact the COTP to suggest 

changes or improvements in the terms 

of this Regulated Navigation Area. 

(3) All persons desiring to transit 

through a portion of the regulated area 

that has operating restrictions in effect 

must contact the COTP at telephone 

number (718) 354–4356 or on VHF 

channel 13 or 16 to seek permission 

prior to transiting the affected regulated 

area. 

(4) The COTP will notify the public of 

any changes in the status of this 

Regulated Navigation Area by Marine 

Safety Information Broadcast on VHF– 

FM marine band radio, channel 22A 

(157.1 MHZ). 

Dated: November 29, 2010. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–31118 Filed 12–9–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Parts 1030–1039 

[Docket No. EP 707] 

Demurrage Liability 

AGENCY: Surface Transportation Board 

(Board or STB). 

ACTION: Advance Notice of Proposed 

Rulemaking. 

SUMMARY: Through this Advance Notice 

of Proposed Rulemaking (ANPR), the 

Board is instituting a proceeding 

regarding demurrage, i.e., charges for 

holding rail cars. The agency’s intent is 

to adopt a rule or policy statement 

addressing when parties should be 

responsible for demurrage in light of 

current commercial practices followed 

by rail carriers, shippers, and receivers. 

DATES: Comments are due by January 

24, 2011. Reply comments are due by 

February 23, 2011. 

ADDRESSES: Comments and replies may 

be submitted either via the Board’s efiling format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the E– 

FILING link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1